Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-16
SUPREME COURT DECISION.
UNANIMOUS oprx1oS.l

Glazed Uaeesssisusisasl.
UNANIMOUS OPINION.
On the 18th day OF February. A. d.
1881, articles Of incorporation Of the "Ne.
vsda Benevolent Association" were died
In the ofics 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 State OF Nevada.
Of a musical and scientific character. to
sell tioksts Of admission 10 such entertsin-
ments, and to purchase. bold and dis
tribute among the holders OF such tickets
personal property, real estate, chooses In
sctiou and other valuable things. upon
such terms and conditions and In such
manner and at such times - may be de-
tsrminsd by Board OF Managers 70 be
selected for that parpose BY the Board OF
Trustees Of this company" II 10 pro.
vided that 70 much Of the proceeds OF said
entertainments "as may be deemed proper
BY the Board Of Trustees. but not less than
$50, ,OO0, from each enertainmsnt. arc 70
be placed In the StaN Treasury OF the
Stats Of Nevada TO b used only for such
charitable and benevolent purposes - may
be determined BY the Legislature Of the
State Of Nevada"
The "Act 10 Aid the Nevada Benevolent
Association In aiding In providing means
for the care and maintenance Of the In
sane Of Nevada. and for other charitable
purpose approved March 3. 1851, de-
clarss that :.it shall Be lawful for the Ne.
vada Benevolent Association Of the State
Of Nevada 70 give not exceeding hve public
entertainments or concerts; 10 sell tickets
Of admission to tho same; ~ distribute
among the holders Of such tickets personal
property, real estate. things in action, de-
msnds or other valuablss. and to regulate
tho distribution Of al such property or
gifs by rsfis or other schemes Of like char
actsr." tStat. 1881, l66, SEQ. lO
Tho information hlsd By the Attorney.
General alleges that respondents. - Trus-
te~s Of said association. are. without war.
rant Of law. advertising. printing.
circulating and selling tickets for public
ontsrtsinmeuts . ." and that they
" base their rights to advertise, print. CIR.
oulats and sell tickets for the said public
exhibitions or entertainments. and to pur.
chase, use, hold and distribute amongst
tho 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 In the information
are admitted BY respondents TO 30 true.
Are the aots Of respondents without war
rant Of law2
Il the Ac. Of the Legislature. approved
March Q. 1881, CONSTITUTIONAL
First-Is tho scheme or enterprise In
which the "Nsvads Benevolent Assooia'
tion" Il engaged lottsryf
This question II answered In the amrma-
tive by the decision Of this Court In sx
parts Blanchard. 8 New. l04. Is that do.
cision cvrrsct2 II certainly II. II In aus.
tsired by every decision that has been
rendered BY the various courts IN the
United States upon this question.
Notwithstanding this faot. We are now
earnestly asked to declare that the musical
which the Nevada Bensvo-
lent Association proposes 70 give II not
lottery. Why notp What II . lottsryf
Every scheme for the distribution OF prizes
BY chance 10 Q lottery. tGoysrnor'so VI the
Almshouss Of New York W. American Art
Union. z N. Y... 2S9; Dunn ~. The Peo-
pie. ~ Ills. 467 State 70. Shorts, 20 n.
j.; L., 40l; Randle vs.. Stats, AZ Tex.
6Ss Chavapnah W. State. 20 Ala. Ss6;
Commonwealth W. Msndsrhsld. = Phil,
45s; Uuitsd stasss W. 0lnsy, Abb. U.
b.. 21S.)
A lottery 10 . game Of hazard In which
small sums are vontured for the chance Of
obt.inins greater. bell W. ssass'
snssd.. sos.j
"a contrivancs for the distribution Of
price By chance; . reliance upon the
results Of hazard . decision Of the values
Of the sdventursr's investment OF the
favors OF fortune" 10 . lottery. tweodsn
W. shotwell, 4 Z4b., 1851
"whsrs Q pecuniary confederation 10
paid, and IL 10 determined BY lot or chance,
according 10 some scheme held out TO the
public what the party who pays the money
10 to have for 1t. or whether he 10 TO have
anything. 10 10 . lottery" (staS W.
Clarke. IS N. H., SIS Hull W. Rugglss,
90 N. Y, ALL .
Il makes no difference what name 10
given ~ the scheme.
A rose By any other name would smell asswest;
a thvrn BY any other name would prick - deep.
When the element Of chance enters into
tho distribution Of prizes II 10 lottery.
without reference 70 the name BY which It
10 called.
"Ho may choose 70 call his business .
gift SALE" said tho Court In Dunn W. Poo
pie. supra. "but IL 10 none ths less lot
terry, aud we cannot permit him to evsds
the penalties Of the law BY 20 Transparent
Q device - mere change Of name. II IL
differs from ordinary lotteries the diner'
encs lies chiefly In the fact that II 10 more
artfully contrived to impose upon the ig'
norant and crsdulous. and 10. therefore,
more thoroughly dishonest and injurious
to society"
"The name given to the process and the
form Of the machinery used TO accomplish
the object are not material. provided the
substance Of the transaction is distribu.
tion or disposition Of property by lot"
(Stste W. Clarke, supra.)
"Courts will not inquire into the name,
but will determine the character OF the
scheme By tho nature Of the Transaction
or business In which the parties are en-
gagged" (Rsndls ". State. supra
"The character Of the scheme is In no
wise changed BY the charitable purpose
c2pEcssco ~ ~ biot aSA ~ ~-sso
entertainments or gift con.
certs.'" Ell psrte Blanchard. supra
"Tho fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of its character - . lottery"
Thomas W. People. SO Ills. 1851
"Nor 10 10 material" said the Court Of
Appeals 10 tho American Art Union case.
40 tho question In hand that the prizes
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 hxsd. because Il
Affords less security 70 the Subscribers that
the chance purchased is worth the money
paid for IT,"
We are Of opinion that the facts stated
In the articles Of incorporation. In the
statutes, and In the information. show that
the scheme II one whereby the Legislature
Of this State. In consideration Of the sum
of S2sO, 900, to be placed In the State
Treasury, 70 the credit Of the '.lnssns and
Charitable Fund" attempted TO authorize
The managers Of the "Nevada Benevolent
a la-