Morning journal and courier., 1881-05-31
Tuesday Morning, May 81, 1881.
WHAT A LOTTERY Is,


The Supreme Court of the State of Neva-
da has just had an interesting and important
question before it. The Legislature of Ne
vada incorporated a private association
known as -eThe Nevada Benevolent Associa-
tion, . the object of which was to carry on
the business of providing public entertain
ments, to sell tickets for the same, and to
distribute among the ticket holders personal
property, real estate and other valuable
things The bill for the incorporation of
the association excited much discussion and
opposition, but it finally passed. The con
stitution of Nevada says: ''No lottery shall
be authorized by this State, nor shall the
sale of lottery tickets be allowed" In view
of this prohibition the promoters of the
scheme thought it might be well, before risk
ing their money, to ascertain If the act of in
corporation granted them by the Legislature
was constitutional. Accordingly an action
was brought on behalf of the State, and was
defended by counsel for the incorporators.
The court decided that the act was uncon-
stitutional, and in the decision very clear
and comprehensive statement of what con-
stitutes lottery is made. In brief, the ans
wer to the question, What is lottery !? is
this Every scheme for the distribution of
prizes by chance is a lottery. Furthermore,
lottery is a game of hazard in which small
sums of money are ventured for the chance
of obtaining greater. 1t is a reliance upon
the result of a hazard. If tract of land is
divided into lots of unequal value and the
lots sold to different purchasers at uniform
price, and are distributed among those pur-
chasers by drawing or lot this transaction is
a lottery. Sales of books in which the pur
chaser of book receives an envelope con-
tanning description of a valuable gift to
which he is entitled are declared to be lotter-
les. "When the element of chance enters
into the distribution of prizes, it is a lottery,
without reference to the name by which it is
called" The so called benevolent associa-
ton of Nevada was to have paid $4,000 a
year into the treasury of the State, that sum
being at the disposal of the Legislature for
benevolent purposes. This was in the nature
of bribe, the donation to the State funds
being the inducement which was offered for
the charter sought from the Legislature.
The court held that this provision of the
charter did not m any way affect the main
question. The scheme was still lottery.
writer in the New York Times in COM
menting on this decision says: ''When other
sxpedients have failed the promoters of lot
terry schemes have attempted to evade the
law by contriving their drawing SO that every
ticket holder shall receive prize. Of course, |
this trick cannot alter the essential character
of the transaction. It is still an unequal dis |
tribution of prizes by chance. How far the
modern practice of putting up some valuable |
article, to be voted to public parsonage by |
voters who pay for this privilege, is a lot |
terry, may become question. This is a |
scheme to dispose of piece of personal |
property at largely increased valuation by 1
means of competition. But there can be no l
doubt whatever of the i1egality of the petty |
games usually seen at church and charitable |
fairs, by which prizes are distributed by 1
chance. The fact that all of these are in,
vented for purposes of gain establishes their
character. Nobody ever set up lottery for
she sake of giving all who patronized it the |
full value of their money. When the lot
,ery is so managed that it leaves nothing in
;he box after the distribution is made, it |
ceases to be profitable, and the business is at
In end"
This decision will be discouraging to those
vhe intend to benefit their fellow citizens by
benevolent lottery schemes. Still, it is well !
10 have the law thus plainly set forth