Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-20
SUPREME COURT DECISION.
ne Lsssesy scheme % shs Ne.
v.aa uss~vsisss Associates D.
saasSd unoeassisasioaal

The Lottery scheme ~ Ne ~
v,as usa~vslsss Assssiastea DE-
ssassd U.sssssisssissaA
IuxAxIxous oPnroS.
On The 18th day OF February. A. D..
issI, articles Of incorporates Of The "Ns-
vsds Bsusvolsnt Association" were dlsd
IN the ofsos Of the County Clark Of Storey
comfy, The object oe ths oorporation
bsinr "to sstahlish and carry on the
bosinsss Of providing for sAd Owing pub
ia entsrtain1snts, IN ths State Of Nevada,
of a musical and scientific character, TO
Ill tioksts q admission 70 such entsrtatn.
nsnts, and 70 purehass. hold and dis.
tribute among The holdsrs a such tickets
psrponal property, real estate, chooses In
sation and other valuable things. upon
such tsrms and conditions and IN suoh
mannsr and q such times - may b DO.
tsrminsd By Board Of hanagsrs 70 be
sslectsdfor that parpose By The Board OF
Trustees Of this company. ~ u pro-
vided that % much Of The prooseds OF said
snssrtainmsnts "as may be deemed proper
by the Board Of Trustees. hut not Les than
SSQ. 600, IRON sach sntsrtstnmsnt. are 70
BE- paced In The Stub Treasury Of the
0tsss Of Nevada 70 b used only for snoh
charitabIs and bsnsvolsnt purposes - may
b dsssrmin.d By the Legislature OF the
Tss .Xcs 70 Aid the Nevada Benevolent
Associstion In aiding In providing means
for the care and naintsnanes Of me m
ssns Of Nevada, and for other charitahls
purposes" tappreved March y. issL' as-
elares that "it shall b lawful ior the Ne
vada Benevolent Association Of the st.e
Of Nevada 10 give mot s1cseding ave pueIo
sntsrsainmens or concsrts; 70 seli tickets
Of sdmission 70 the same " distribute
smoog ths holders Of such tickets personal
p,opsrty, real sstats. things In action. de-
nands or other vsluablss. and 10 regulate
shs dissribution Of al such property or
eif,s BY ranis or other schemes Of like char
setsr." tStat. 1881, l66. 6ec. ~
The information hlsd By the Attorney
General alleges that respondents. - Trus-
tses Of said association. are. without war.
rant Of law, advertising. printing.
circulating and sailing tickets for public
An n,srtainmsnts . o." and that they
" bsse their rights 10 advertise. print. oir'
eulats and sell tickets for the said public
exhibitions or entsrtainmsnts. and 70 pur.
chass, use, hold and dissributs amongst
the holders Of such tickets personal pro.
perty, real estats, chooses In setion ana
other valuable things." upon the Aot OF
the Lsgislsturs above referred 70.
The facts set forth In the information
are admitted by respondents 70 be true.
Are the acts Of respondents without war
rant Of lawl
Il the Act Of the Legislature. approved
March Q, 1881, constitutionaf
Fint-Is the scheme or sntsrpriss In
which tbs "Nsvada Benevolent Assooia-
ton" II engaged lottsryf
This question u answered In The amrma-
dvs By the decision Of this Court In sx
parts Blanchard. 8 New, l04. u that de-
oision oorrsct1 Il certainly y. II 10 sus.
tzirsd BY every dscision thai has been
rvndsred by the various courts In the
United States upon this question.
earnestly asked to declare that the musicai
entertainment which the Nevada bsnevo-
lsns Association proposes 70 give U NOT z
lottsry. Why notf What u lottery =
Every scheme for the distribution Of prizes
hy ehAsss 70 letiasy- t9o.ernesss ne
Union. z N. ". 2ss; Dunn 70. Tho Peo-
pie. 40 Ills. 467 State ~. Shorts, W N.
j.; L.. 40i; Randle ". Stats. a Tex.
5Ss Chavannah ". State. 10 Ala. $50 |;
Commonwsalth 70. Mandsrheld. . Phil,
lss; United statss ". olnsy. I Abb, U.
B., 27s.)
A lottery II game Of hazard In which
smail sums are vsntured for the chance Of
obtaining greater. tBell ". Stats, .
snssd.. s09.J
"a eontrivancs for the distribution Of
prizes By chance Q reliance upon the
results Of hazard (; . decision Of the values
Of the adventurer's investment Of the
favors OF fortune" 10 lottery. (Woodsn
". shotweli. 4 Zab.. 1851
"whsrs . psouniary confederation 10
paid. and Il Il dstsrmined By lot or chance,
according 70 some scheme held out 70 the
public what the party who pays the money
u 70 have for IL. or whether he 10 70 have
anything. IL IL . lottsry."' (Stats W.
Ciarks. IS N. r.. SIS; Hull ". Rpggles.
Sc N. Y, x27.)
II makes no difference what name II
given 10 the scheme.
A rose by suy other name would smell - sweet;
thorn byany other name woald prick - deep.
When the element Of chance enters Into
the distribution Of prisss IL 70 . lottery.
without reference 70 the name BY which II
II called.
"Hs may choose 10 call his business .
gifs sals," said the Court In Dunn ~. Poo
Ole, supra, "but 10 u none the lees lot
tery, and We cannot permit him to svade
the penalties Of the Law BY 20 transparent
4 device q . mere change Of name. II IL
difisrs from ordinary lottsries the diner.
sncs lies chiefly In the fsos mas u u more
artfully conRived 10 impose upon the ig'
more thoroughly dishonsss and injurious
70 society"
form Of the machinery used 70 accomplish
he object are NOT material. provided the
substance Of the Transaction u . distrioa.
ton or disposihon Of propsrsy By ios.
(stats ". Clarke. supra.
"Courts will not inquire Into the nams,
| bot will dstermins the character OF the
scheme By the nature Of the transsetion
| or business In which the parties are en-
gagsd." (Randls ". State. supra.)
"Ths character Of the scheme 10 In no
wise changed BY the charitable purpose
expressed in its title, nor BY calling the
drawings entertainments or gift con-
oerts.'" (Ex psrts Blanchard. supra.)
"Ths fact that no plan Of distribution has
been dstsrminsd upon does not relieve the
scheme Of In character - . lottery"
tThomas 70. People. 50 Ills. 1881
Nor II 10 mADrial." said the Court oil
Appeals In the American Art Union cAss,
"to the question In hand that the prizes
we're not ksown and designated when the
tickets or chances were subscribed and
paid for. Ths scheme In this respect d
more Objectionable than scheme In which
he prizes arc previously hxed. because l,
Affords less security 70 the suhscribsrs tha'
The ehanes pareAa'sd Is worth the money
paid for L."
We are Of opinion that the faets stated
In ths articles Of incorporation. In tn
ststutes, and In the information. show tha
he scheme u one whsrsby the Lsgislatur'
Of this ssats, In oonsidsrstion OF the sun
Of $3.50, 900, 70 bs placed In the 6tat,
Trsssury, 70 The credit Of ths g Insane ant
Chsritabis Fund. J" stssmptsd 70 sushoris'
- -....~rs n tha % Neyada Bonovolon