Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-15
SUPREME COURT pEcIsloN.
The Lsssery scheme % the he
vsaa oss-veisss Assseessseo De-
sisssd Unsssssisatioaal.
UNANIMOUS opn1ox.l

sisssd U.sssssisasisssi.
UNANIMOUS oPnuoN.
On the 18th day OF February. A. d.
1881. srtiolss Of incorporation Of the "Ns-
vsda Bsnsvolsnt Association" wsre hlsd
In the once Of the County Clark Of Storey
county. The object Of the corporation
bsins "to sstabllsh and carry 90 the
business Of providing for and giving pub
lie sntsrtainmsnts, In ths State Of Nevada.
Of Q musical and scientific character. 70
ssll tickets Of admission 10 such entertain'
menb, and 10 purchase. held and dis
tribute among the holders Of such tickets
personsl propsrty, real sstAts. chooses In
action and other valuable things. upon
such torms and conditions and In sueh
manner and at such umss - may b do
termined BY Board Of 4snascrs 10 be
selected for that purpose By the Board Of
Trustees Of this company. ~ 10 pre-.
vided that % much Of the prooeeds OF said
sntsrtainmsnts '.as may be deemed proper
By The Board Of Trustees hus not lsss than
$50. 900. from each entertainmsnt. are 70
bs placed In the State Treasury OF the
State Of Nevada 70 b used only for such
charitable and benevolent purposes - may
Be- determined By the Lssisiasure OF the
State Of Nevada" !.
Ths "Aot to Aid the Nevada Benevolent
Association In aiding In providing means
for the care and maintsnancs Of the In
sane Of Nevada. and for other charitable
purpose approved March .. 1881, do
clares that '.it shall b. lawful for the No.
yada Bsnsvolsnt Association Of the State
Of Nevada to give not exceeding dve public
sntsrsainments or concerts; 70 sell sickets
Of admission 70 the same " distribute
among the holders Of such tickets psrsonal
piopsrty, real estats, things In action, do
mands or other valuablss, and 10 regulate
the distribution Of all suoh property or
gifts by rsfie or other schemes Of like char
soter." tStat. 1881, l66. 6eo. ~
The information flsd BY the Attorney.
General alleges that respondents, - Trus-
tees Of said association. arc. without war.
rant Of Law. advertising. printing.
circulating and selling tioksts for public
entertainments . ." and that they
" base their rights 10 advertise. print. or.
eulats and sell tickets for the aid public
exhibitions or entertainments, and 10 pur-
chase. use, hold and distribute amongst
the holders Of such tickets personal pro.
perty, real estate. chooses In action and
other valuable things." upon the Act Of
the Lsgislsture above referred 70.
The faots set forth In the information
are admitted BY respondents 70 be true.
Are the acts Of respondents without war
rant Of law7
II the Act Of the Legislature, approved
March 9. 1881. constitutionalf
First-Is the scheme or enterprise In
which the "NevadA Benevolent Assoois-
ton" 10 engaged lotteryf
This question II answered In the amrms.
tive BY the decision Of this Court In e<
payts Blanchard. 9 New. l0l. Ii that dc.
oision eorrsot2 II certainly II. II 10 sus.
tairsd BY every dscision that has been
rendered BY the various courts In the
United States upon this question.
Notwithstanding this fact. We are now
earnestly asked to declare that the musical
entertainment which the Nevada Bsnsvo-
lent Association proposes TO give 10 not
lottery. Why notf What II . lottery
Every scheme for tho distribution Of prizes
BY chance 10 . Lottery. Governors of the
Almshouss Of New York W. American Art
Union. z N. ". 2S9; Dunn W. The Peo.
pie. ~ Ills, 467 Stste ". Shorts, 81 N.
j.; L., 40l Randls W. State. a Tex.
SIS Chavannah W. State, - Ala. 396
Commonwealth W. Mandsrneld. Phil,
4ss; United Statss ". olnsy. I Abb, U.
B., 279.) ..
A lottery ID game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL ". s'ass' 3
sneed., b09.l
"A oontrivsncs for the distribution Of
prizes BY chance . reliance upon the
results Of hazard; !; . decision Of the values
Of The adventurer's investment OF ths
". shotwsli. 4 Zab.. 1851
Where . pecuniary considsraaon u
paid. and 10 II determined By lot or chance.
according 10 some scheme held out 70 the
public what the party who pays the money
10 10 have for IL. or whether he 10 to have
anything. IL 10 . lottery" (Stats W.
Clarke. SS N. H.. SSs; Hull 70. Rugeles,
So N. Y, l27.)
Il makes no difference what name II
given 70 the scheme.
A rose By any other name would smell - sweet;
thUrn By any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes IL 10 . lottery.
without reference 70 the name BY which It
10 called.
"Hs may choose 10 call his business
Rift sals," said the Court In Dunn W. Pno.
Die, supra, "but 10 10 none the less lot.
tsry, and We cannot permit him to evade
the penalties Of the Law BY 90 transparent
. device - Q mere change Of name. II II
differs from ordinary lotteries the dinsr.
sncs lies chiefly In the fact that II 10 more
artfuily contrived TO impose upon the L..
norant and crsduloas, and 10. therefore,
more thoroughly. dishonest and injurious
70 society"
"The name given 10 the prooess and the
form Of the machinery used'to accomplish
the object are not material, provided the
substance Of the transaction 10 distribu.
ton or disposition Of property BY lot"
(6tAts W. Clarke. supra.)
Courts will not inquire into the nams,
but will determins the charsster Of the
scheme BY the nature Of the Transaction
or business In which the parties are On.
gagged" tRandls ". State. suprs.)
"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 parte Blanchard. supra.)
"The fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of iu character - . lottery"
Thomas W. People. 50 Ills. 1851
"Nor 10 IL matsrial." said the Court Of
Appeals In the American ART Upion case.
"to the question In hand that the prizes
were not known and dssignsted whsn the