Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-08
SUPREME COURT pEo.sloM.
rhs Lottery scheme OF the Ne.
vada Bsa-veieas Asseciasies De-
clssed Unooastisuslonal.
UNANIMOUS opISIos.l

UNANIMOUS opISIoN.l
On the 10th day OF February. A. D.
1881. articles Of incorporation Of the "Ne-
ysda Benevolent Association" we're fled
In the Office 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 Q musical and scientific character. TO
sell tickets Of admission TO such entertain.
ments, aud to purchase, hold and dis
tribute among the holders Of such tickets
personal property, real estate, chooses In
action and other valuable things, upon
such terms and conditions and In such
manner and ct such times - may be de-
tsrminsd by . Board Of Managers to be
selected for that purpose BY the Board Of
Trustees Of this company" II u pro-
vidsd that 20 much Of the proceeds Of said
entertainments ''as may DO deemed proper
by the Board Of Trustees, but not less than
$50.00 from each entertainment. are 10
DO placed In the Stats Treasury Of the
state Of Nevada TO be used only for such
charitable and bspevolent purposes q may
" y tnAhN1 " hAs ASoA1AsteAS Va ~
stats Of Nevada"
The Act to Aid the Nevada Benevolent
Association 10 aiding In providing means
for the care and maintenance Of the In
zane Of Nevada. and for other charitable
purposes approved March Q, 1881, de-
clarss that ''it shall be lawful for the Ne.
vadA Benevolent Association Of the State
Of Nevada to give not exceeding fve public
entertainments or concerts; TO sell tickets
Of admission to the same ; IT, distribute
among thu holders Of such tickets personal
property. real estate. things In action, de-
mands or other v~aluables, and 10 regulate
the distribution Of all such property or
gifts by rxfie or other schemes Of like char
sctsr." tStat. 1881. l66, Sec. ~
The information aled By the Attorney
General alleges that respondents, ~ Trus-
tees Of said association. are, without war.
rant Of law. advertising, printing,
circulating and selling tickets for public
entertainments = -" and that they
" base their rights 10 advertise, print. cir.
culate aud 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-
perry, real estate, chooses In action and
other valuable things" upon tho Act OF
the Legislature above referred to.
The facts set forth In the information
are admitted by respondents TO DO true.
Are the acts Of respondents without war
rant Of lsw2
Il the Act Of the Legislature. approved
March 0. 1881, con~sttutional2
Pirst-Is the scheme or enterprise In
which the "NevsdA Benevolent Ass0cis-
ton is engaged . lotteryf
This question Ia answered In tho Afirms-
tive by the decision Of this Court In &c
parte blanchard. . New. l04. Is that de-
cision corrcot2 II certainly Is. II IL sus.
tAired 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 the Nevada Benevo-
lent Association proposes 70 give 10 not .
lottery. Why notf What 10 . lottsry2
Every scheme for the distribution Of prizes
by chance Is = lottery. Governors Of the
Almshouse Of New York W. American Art
Union. Z N. ". 239; Dunn vs. The Peo-
pie. ~ Ills. 467 +; State vs.. Shorts, 81 N.
j.; L., 40l handle vs.. State. A Tex,
585 /; Chavsnnsh W. State, 40 Ala. 800 F;
Commonwealth vs.. MAnderfeld, . Phil,
4a9 United States vs.. Olney. l Abb, U.
H., 279.)
A lottery Is . game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL VS.. State, 8
Snsed., 609.l
"a contrivance for the distribution Of
prizes by chance /; Q reliance upon the
results Of hazard |; . decision Of the values
Of the Hdventurer's investment OF the
favors OF fortune" II Q lottery. (WCoden
W. shotwell. 4 Zab., 1851
"Wnere . pecunisry consideration 10
paid. and IL IL determined by lot or chance,
according TO some scheme held out to the
public what the party who pays the money
Is to have for 1t, or whether he 10 TO have
anything. 10 10 . lottery" Estate VI.
Clarke, 50 N. H., Ss5; Hull vs.. Ruggles.
So N. Y, 427.)
Il makes NJ difference what name IL
given to the scheme.
A rose BY any other name would smell a. swest;
a tnUrn by any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes II 10 . lottery,
without reference TO the name by which 1t
Ii called.
"Hs may choose TO call his business Q
gift SALE" said the Court In Dunn W. Peo-
pie. supra. "but II 10 none the less Q lot
terry, and We cannot permit him to evade
the penalties Of the law by 30 transparent
Q device ~ . mere change Of name. II 1t
differs from ordinary lotteries the differ
ence lies chiefly In the fact that IL II moro
artfully contrived to impose upon the ig-
norant and credulous, and IL, 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 IL Q distribu.
ton or disposition Of property by lot"
(State vs.. Clarke. supra.)
Courts will not inquire into the name.
but will determine the character Of the
scheme by the nature Of the transaction
or business in which the parties are en-
gagged" (Randle vs.. State, supra.)
"The 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.
certs.'" (Ex parte Blanchard, suprs.)
1.-THE fact that no plan Of distribution has
been determined upon does not relieve tho
scheme Of its character a. q lottery"
Thomas vs.. People. 50 Ills, 1881
"Nor Is IL MATERIAL" said the Court Of
Appeals in tho American Art Union case.
" TO the question In hand that the prizes
were not known and designated when the
tickets or chances were subscribed and
maid for. The scheme In this respect In
more Objectionable than . scheme In which
the prizes are previously fixed, because II
affords less security to the subscribers that
tho chance purchased Is worth the money
psid for It,"
We are Of opinion that the facts stated
In the articles Of incorporation. In the
statutes. and in tho information. show that
the scheme is ono whereby the Legislature
Of this State. In consideration Of the sum
Of $3.50, 600. to DO placed In tho State
Treasury, 10 tho credit Of the :" Insane and
| Charitable Fund.-" attempted to authorize
tho managers Of the Nevada Benevolent