Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-13
SUPREME COURT nEcISIoN.
UNANIMOUS oprsios.l

On ~ ava
1881, articles Of incorporation Of the me
vsda Benevolent Association were Hlsd
In the Office Of the County Clerk Of Storey
county. The object Of the corporation
being Ito establish and carry on the
business Of providing for and giving pub
Lilo entertainments, In the State Of Nevada.
Of q musical aud scientific character. to
sell tickets Of admission 70 such entertain
ments, and 10 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 DO de-
termined by . Board Of Managers 70 be
selected for that purrose by tho Board Of
Trustees Of this company" 1t Ia pro.
vided that 20 much Of the proceeds Of said
entertainments 'as may be deemed proper
by the Board Of Trustees. but not less than
$50, 0O0, from each entertainment, are 70
be placed In the State Treasury Of the
STATE Of Nevada 10 DO used only for such
charitable and benevolent purposes a. may
be determined BY the Legislature Of the
State Of Nevada"
The Act " 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
purposes'' (approved March o, 1881, do.
clarss that ''tt shall be lawful for the Me-
vsds Benevolent Association OF the State
Of Nevada 70 give not exceeding Ave public
entertainments or concerts; 70 sell tickets
Of admission 70 the same ; ~ distribute
among the holders Of such tickets personal
property. real estate, things In action, de-
mahds or other valuAbles, and 10 regulate
tho distribution Of all such property or
gifts by rattle or other schemes Of like char.
acter." tStat. 1851, l66, Bee. ~
The information fled BY tho 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 o." and thai they
e base their rights 10 advertise, print. cir
culate and sell tickets for the said public
exhibitions or entertainm ents. and 70 pur-
chase. use, hold and distribute amongst
the holders Of such tickets personal pro.
perry, real estate, chooses In action and
other valuable things" upon the Act oil
the Legislature above referred 70.
The faots set forth In the information
are admitted BY respondents 10 DO true.
Are ths acts Of respondents without war
rant Of lsw2
Is the Act Of the Legislature, approved
March Q. 1881, constitutional2
First-ls the scheme or enterprise In
which the "Nsvada Benevolent AssociA'
ton" 10 engaged . iotteryf
This question II answered In the afirma-
tive by the decision Of this Court In q
parts Blanchard. . New. l04. Is that do.
cision correct2 II certainly IL. II IL sus.
txired 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 TO give 10 not 9
lottery. Why not2 What Is . lottery :
Every scheme for the distribution Of prizes
by chance Ii Q lottery. Governors of the
Almshouss Of New York W. American Art
Union. z N. w., 2S9; Dunn Va. The PEG.
pie, ~ Ills. 467 ; State W. Shorts, 50 N.
j.; L., 40l ; handle W. State, A Tex.
o85 /; ChAvannsh VI. State, 40 Ala. 800
Commonwealth vs.. Manderfeld, 8 Phil,
4os ; United States VI. 0lney. l Abb, U.
b., 279.)
A lottery IL Q game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL W.. State, 8
Sneed., $685.
"a continuance for the distribution Of
price by chance /; . reliance upon the
results Of hazard ; . decision Of the values
Of tho sd~venturer's investment Of the
fsvors OF fortune" IL . lottery. Wooden
W. Shotwell. 4 Zab., 1861
Where y pecuniary consideration is
paid. and IL Is determined by lot or chance.
according to some scheme held out to the
public what the party who pays the money
10 to have for IL, or whether no 10 To have
anything. 1t 10 . lottery" Estate vs..
Clarke, 81 N. H., S35 Hull vs.. Ruggles.
81 N. Y, 427.) ~**$*
1t makes NO difference what name Ia
given to the scheme.
A rose By any other name would smell asoweet;
a thVrn 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 II
10 called.
"He may choose to call his business q
gift sale" said the Court In Dunn W. Poo.
Pile. supra, but IL is none the less . lot.
terry. and we cannot permit him to evade
the penalties Of the law BY 80 transparent
Q device ~ . nero change Of name. II II
differs from ordinary lotteries the differ.
ence lies chiefly In the fact that IL 70 more
srtfully contrived to impose upon the ig.
norsnt and crsdulous, and 10, therefore,
more thoroughly dishonest and injurious
to society,""
1.-THE name given TO the process and the
form Of the machinery used to accomplish
the object arc not material, provided the
substance Of tho transaction ID Q distribu.
ton or disposition Of property by lot"
Estate W. Clarke, supra.)
Courts will not inquire into the nsme,
but will determine The character Of the
scheme BY the nature OF the Transaction
or business In which the parties are en-
gagged" tRsndls W. State, supra.)
"The character OF the scheme 10 10 no
wise changed BY the charitable purpose
expressed in Ito title. moi by calling the
drawings entertainments or gift CON-
oers.'" (Ex psrte Blanchard. suprs.)
"The fact that no plan Of distribution has
been determined upon does not relieve thu
scheme Of It's character a . lottery"
Thomas ". People. 50 Ills. 1881
Nor 10 II Material" said the Court Of
Appeals 10 the 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
paid for. The scheme In this respect 10
more Objectionable than . scheme In which
the prizes are previously fxed. because II
affords less security TO the Subscribers that
the chance purchased is worth the money
psid for IT,"
ws.sre Of opinion that the facts stated
In the articles Of incorporation. In the
statutes, and In the information. show that
the scheme IL one whereby the Legislature
Of this State, In consideration Of the sum
Of s250, 600. to DO placed In tho State
Treasury, 70 the credit Of the Insane and
Charitable Fund.-" attempted to authorize
the managers Of the "Nsvsda Benevolent
Association " 10 enrich their own pockets,
at the expense Of the people Of this and
other States. BY holding out promises Of
the great and sudden gains that might be
acquired BY the ticket holders that
golden prizes would DO "the lure 10 In.
cite thu credulous and u%nsuspectipg into