Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-23
SUPREME COURT DECISION.
me Lsssery scheme % she Ne
vsda nsssvsisss Asssciasiee Do.
s,ssed Unesasslsasiooal.
lrxAxrxous osrxlox.l

vsds nss.vsisss Assseiasiss DE-
sassed Unessssisasissal.
IrxAxIxous OPINION.
On the 18th day OF February. A. D.
is0i. articles Of incorporation Of the "Ns.
ysds Bsnsyolsnt Association" were hled
in The once Of the County Clark Of Storey
county. The object Of the corporation
bsine "to sstsblish and carry on ths
buslness Of providing for and giving pub
lie entsrtainnsn In The stats Of Nevada,
Of musical and scientific character. "a
all tickets Of admission 70 such entertain'
ments. and 10 purchase. held and dis
tribute among the holders OF sueh tcketi
personal property. real estate. chooses In
sotion and other valuable things. upon
suoh terms and conditions and In such
manner and st such umes - may b d.
tsrmined By Board Of Managers TO be
selected for that purpose By the Board oi
Trustees Of this company" IL 10 pro.
vided that % much Of the prooseds Of said
ntsrtainmsnts "ss may b deemed proper
by the Board Of Trustees. but not less than
$50. 900, from each entertainment. are 70
bs placed In the 6tate Treasury OF The
State Of Nevada 10 be used only for such
charitable and benevolent purposes - may
b determined BY the Legislature OF tho
State Of Nevada"
The "Aet 70 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 .. lsSll' Dc
clares that "it shall b. lawful Tor the NO.
vada Benevolent Association OF the st.te
Of Nevada 10 give not exceeding hvs public
entertainments or concerts; 10 sell tickets
Of admission TO the same to distribute
among the holders Of such tickets personal
property, real estate. things In action. do
mands or other valusbles. and TO regulate
the distribution Of al such property or
Rifts BY raffie or other schemes Of like char
sctsr." (Stat. 1881. l66, Bee. ~
The information hled by the Attorney.
General alleges that respondsnts. - Trus-
tses Of said association, are. without war.
rant Of law. advertising. printing,
circulating and selling tickets for public
entertainments . . ." and that they
{" base their rights to advertise, print, cir.
oulate and sell tickets for the said public
exhibitions or entertainments. and 70 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 In the information
are admitted BY respondents 70 be true.
Are the acts Of respondents without war
rant Of law3
Il the Act Of the Legislature. approved
March Q. 1881. constitutional2
First-Is the scheme or enterprise In
which the "Nevada Benevolent Associa.
ton" 10 engaged lottsryf
This question 10 answered In the amrma-
tive by the decision Of this Court In er
parts Blanchard. 9 New. l0i. Il that de-
cision correct? II certainly 10. II 10 aus.
taired 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 Bensvo-
lent Association proposes TO give 10 not .
lottery. Why. not7 What is . lottsry .
Every scheme for the distribution Of prizes
BY chance Il . lottery. tGovernor's of the
Almshouss Of New York ". American Art
Union. Z N. Y... 2s9; Dunn W. The Peo-
pie. 20 lila. 467; Stats ". Shorts. 81 n.
J.; L.. 40l Randls ". Stats. a Tex.
5Ss Chavannah ". State. ~ Ala. s96 I;
Commonwealth W. MandsrAsld. 8 Phil,
lss; United states W. olney, Abb, U.
g., 279.)
A lottery 10 game Of hazard In which
small sums are vsntured for the chance Of
obtaining greater. tBsll W. State. 0
snssd.. 6os.)
"A oontrivancs for the distribution Of
price By chance Q reliance upon the
results Of hazard; . decision Of the values
Of the advsnturcr's investment Of the
favors OF fortune" II . lottery. wooden
W. Shotwsll. 4 Zab.. 1851
"whsre . pecuniary confederation 10
paid. and II 10 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 10. or whsther he 10 TO have
anything. 10 10 . lottsry." (State W.
Clarke. IS N. H.. SIS Hull ". Ruggles.
Sc N. Y, ALL .
II makes NO difference what name 10
given TO the scheme.
A rose By any other name would smell - sswssf;
thorn 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.
"Hs may choose 70 call his business q
gift sale" said the Court In Dunn W. Pso-
Die, supra, "but 10 is none the less lot.
tery. and We cannot permit him to evade