Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-06
SUPREME COURT DECISION.
rhs Lottery sshens sf the Ne.
vada nss-velsss Asssssesaoe DE-
sia.sd Usesss'isssisssi.
UNANIMOUS osnuox.l

vada Benevolent Association" were dled
In the of{ics Of the County Clerk Of Storey
county. The object Of the corporation
being "to establish and carry on the
business Of providing for and giving pub
lie entertainments. In the 6tats OF Nevada,
Of q musical and scientific character. to
sell tickets Of admission 10 such entertain
ments, and TO purchase. hold and dis.
tribute among the holders OF such tickets
personal property, real estate. chooses In
sotion and other valuable things. upon
such terms and conditions aud In such
msuper and at such times - may be de-
tsrmined by Board Of Managers 10 be
selected for that purpose BY the Board of
Trustees Of this company" IL 10 pro.
vidsd that 20 much Of the proceeds OF said
entertainments ''as may be deemed proper
By the Board Of Trustees. but not less than
SS0, ,0O0, from each entertainment are 70
bs placed In Ne 6tats Trsasury Of the
State Of Nevada 70 Be usea ouiy tor such
charitable and benevolent purposes - may
Be determined By the Legislature Of the
State Of Nevada"
The "Act to Aid the Nevada Benevolent
Association In aiding In providing means
for the care and maintenance Of tho In
sane Of Nevada. and for other charitable
purposes'' approved March D. iSSl)' de-
clares that Iii shall BE- lawful for the Ne.
vada Benevolent Association of the State
Of Nevada TO give not exceeding hve public
entertainments or concerts; TO sell tickets
Of admission 10 the same " distribute
among ths holders Of such tickets personal
property. real estate, things In action, de-
msnds or other valuables. and TO regulate
the distribution Of all suoh property or
gifts by rstie or other schemes Of like char
aetsr." tStst. 1881. l66, SEQ. ~
The information hled by the Attorney.
General alleges that respondents. - Trus-
tees Of said association. are, without war
rsnt Of law. advertising. printing.
circulating and selling tickets for public
entertainments . ." and that they
:. base their rights to advertise. print. cir
culats and sell tickets for the said public
exhibitions or entertainments, and to 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 Legislature above referred TO.
The facts set forth 10 the information
are admitted by respondents 10 be true.
Are the acts Of respondents without war
rant Of lawf
Il the Act Of the Legislature. approved
March Q, 1881, constitutioualf
First-Is the scheme or enterprise In
which the "NevadA Benevolent Associa-
ton" 10 engaged lottsryf
This question 10 answered In the afhrms-
tive by the decision Of this Court In or
parts Blanchard. . New, l04. IL that de-
eision correctf Il certainly 10. IL 10 sus.
tairsd by every decision 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 tho Nevada Benevo-
lent Association proposes to give 10 not =
lottery. Why not2 What 10 . lotteryf
Every scheme for tho distribution ofprizes
BY chance IL . lottery. Governors VI the
Almshouss Of New York ". American Art
Union. z N. Y... 239; Dunn ". The Peo-
pie, ~ llls.. 467 State ". Shorts, 50 N.
j.; L., 4Oi Rzndle W. Htats, ~ Tex,
5S3 E; Chavannsh W. State. 40 Ala. ss6
Commonwealth W. Mandsrheld. y Phil,
45s; United States W. olnsy. Abb, U.
S.. 279.)
A lottery 10 game OF hazard In which
small sums are vsutured for the chance Of
obtaining greater. Bell W. stats,
Snssd.. 509.l
"a con.rivsnce for the distribution Of
price BY chance . reliance upon the
rssults Of hazard . decision Of the values
Of the adventurer's investment Of the
fAvors OF fortune" 10 . lottery. (WCodsn
W. Shotwsli, 4 Zab.. 1851
"where Q pscuniary confederation II
paid, and IL 10 determined BY lot or chance.
according to some scheme held out 10 the
public what the party who pays the money
ID to have for IL. or whether he 10 to have
anything, 1t 10 . lottery" Estate W.
Clarke. IS N. H., S95 Hull ". Ruggles.
Il makes no difference what name 10
given to the scheme.
A rose By any other nams would pmell - sweet;
tn.rn BY any other nams would prick - deep
When the element Of chance enters into
the distribution Of prizes IL IL lottery.
without reference 70 the name By which It
10 called.
"Hs may choose TO call his business
gift sale" said the Court in Dunn W. Pro'
pie, supra, "but IL 10 none the less lot.
terry, and we cannot permit him to evade
the penalties Of the Law By 20 transparent
device - mere change Of name. II IL
differs from ordinary lotteries the diner
snce lies chiefly In the fact that IL 10 more
srtfuily coutrived TO impose upon the ig-
porant and credulous, and 10. therefore,
more thoroughly dishonest and injurious
to society"
"The name given to the process and the
form Of the machinery used 70 accomplish
the object are NOT material, provided the
substance Of the transaction IL distribu.
ton or disposition Of property BY lot
(State ". Clarke, suprs.)
Courts will nos inquire into the nime'
but will determine the character Of the
scheme By tho nature Of the trsnsaction
or business in which the parties are en-.
gsgsd." (Randls W. State. supra.)
The character OF the scheme 10 In no
wise changed BY the charitable purpose
expressed in It, title. nor by calling the
drawings entertainments or gift con.
certs.'" (Ex psrte Blanchard. supra.)
"The fact that no plan Of fdistribution has
been determined upon does not relieve ths
scheme Of its character a . lottery"
Thomas 70. People. 50 Ills. 1881
% Nor 10 10 material" said the Court Of
Appeals 10 the American Art Union case.
., 10 the question In hand that the prises
were not known and designated when the
| tickets or chances were subscribed and
paid for. The scheme in this respect 10
more Objectionable than scheme In which
the prizes arc previously fxed. because 1t
.dords less security 70 the Subscribers that
the chance purchased IL worth the money
psid for It." 4.
We are Of opinion that the facts stated
| In the articles Of incorporation, In the
statutes, and in the information, shov that
the schems 10 one whereby the Legislature
Of this State, In consideration OF the sum
Of S2sO, 900. 70 b placed In the stats
| Tressury, 70 the credit Of the "I Insane and
Charitabis Fund" attempted 70 authorize
| ths managers Of the Nevada Bensvolsnt
Association " 70 enrich their own pockets.
| A. the expense Of the people Of this and
| other States. BY holding out promises Of
| the great and sudden gains that might bs
acquired BY the ticket holders; that
golden prizes would b 1.-The lure 70 In
cite the crsdulous and unsuspecting into
II Ll