Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-19
SUPREME cuuar DECISION.
The Lottery scheme OF the Ne.
vsds Bsnsveleas Association De-
olsred Unconstisusional.

1881, articles Of incorporation Of the "Ne-
vsda Benevolent Association" were filed
In the ONCE 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
lie entertainments. In the State Of NevAdA'
Of . musical and scientific character, to
sell tickets OF admission 10 such entertain.
ments, and 70 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 at such times a. may DO de.
termined by . Board Of Managers to be
selected for that purpose BY the Board Of
Trustees Of this company" It 10 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. 900. from each entertainment, are TO
be placed In the State Treasury Of the
STATE Of Nevada 70 be used only for such
charitable and benevolent purposes ~ may
DO determined by the Legislature Of the
State Of Nevada" :.
Tho Act 70 Aid the Nevada Benevolent
Association In aiding In providing means
for tho care and maintenance Of the IN.
sane Of Nevada, and for other charitable
purposes" approved March Q, 1851, de-
olsres that '.it shall be lawful for the Ne.
vsdA Benevolent Association Of tho State
Of Nevada 10 give not exceeding I've public
entertainments or concerts; TO sell tickets
Of admission TO the same I; ~ distribute
among tho holders Of such tickets personal
property, real estate. things In action, de-
msnds or other ~valuables, and to regulate
the distribution Of all such property or
gifts by rSfis or other schemes OF like char
actsr." (sut. 1881, 1855, Sec. ~
The Information filed by tho Attorney.
General alleges that respondents, a. Trus-
tees Of said association. are, without war.
rant OF Law. advertising. printing,
circulating and selling ticksn for public
entertainments 4 q" and that they
.. base their rights TO advertise. print, cir.
oulsts 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 In tho information
are admitted by respondents 70 DO true.
Are the acts Of respondents without war
rant Of lsw2
Il the Act Of the Legislature, approved
March Q. 1881, consitutionslf
First-Is the scheme or enterprise 10
which the "Nsvsda Benevolent Assooia.
ton Ii engaged . lotteryf
This question IL answered 10 the afirma-
tive BY the decision Of this Court In er
parts Blanchard. 3 New, l0i. Ii that do
cision correct2 1t certainly Is. II Ii sus.
txired by every decision that has been
rendered by tho 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 Bsncvo-
lent Association proposes to give Is not q
lottery. Why notf What Is . lottery
Every scheme for the distribution OF prizes
by chance 10 Q lottery. (Governor's of the
Almshouse Of New York W. American Art
Union. z N. Y.., 2s9 Dunn vs.. The Poo
pie, 40 Ills, 467 State W. Shorts, " N.
j.; L., 40l ; Randle vs.. State. AZ Tex,
686 ; Chayannah W. State. 40 Ala. S96 ;
Commonwealth w. Msnderteld, . Phil,
459 ; United States W. Olney. I Abb, U.
g., 279.) $3.50.
A lottery Is . game Of hazard In which
small sums are ventured for the chance OF
obtaining greater. bell vs.. State, b
Sneed., 509.l i
"a contrivAnco for the distribution OF
prizes by chance ; . reliance upon the
results Of hazard . decision OF the values
Of the a%dventurer's investment Of the
favors OF fortune" 10 Q lottery. wooden
W. shotwell, 4 Zab., 1851
"Where Q %pecuniary consideration 10
paid, and II 10 determined BY lot or chance,
according 10 some scheme held out to the
public what the party who pays the money
IL to have for II, or whether he 10 10 have
anything, IL Is . lottery" Estate w.
Clarke, IS N. H., 1856 Hull vs.. Ruggles,
SO N. Y, 427.)
1t makes no difference what name 10
given " the scheme.
A rose by any other name would smell sssweei;
a thorn by any other name would prick a. deep.
When the element Of chance enters into
the distribution Of prizes IL is Q lottery.
without reference to the name by which 1t
10 called.
"He may choose to call his business o
gift SALE" said the Court In Dunn W. Poo.
pie, supra, "but IL IL mont the less Q lot.
terry. and We cannot permit him to evsde
the penalties Of the law by 30 transparent
Q device 90 . mere change Of namo. II 10
differs from ordinary lotteries the differ
sncs lies chiefly In the fact that II 10 more
srtfully contrived to impose upon the ig-
norsnt and credulous, and 10. therefore,
more thoroughly dishonest and Injurious
70 society,""
1.-THE name given 10 the process and the
form Of the machinery used TO accomplish
the object are not material, provided the
substance Of the transaction IL . distribu.
ton or disposition Of property by lot"
Estate W. Clarke. suprs.)
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" (RsndIs W. 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.
oerts.'" (Ex psrte Blanchard. supra.)
"The fact that no plan OF distribution has
been determined upon docs not relieve the
scheme Of ia character - Q lottery"
tAnoueS W. OSPtos W Aiisss AoosD /
"Nor 10 IL 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 Q scheme In which
the prizes are previously hxsd. because II
affords less security 10 the subscribers that
the chance purchased 10 worth the money
psid for It,"
We are Of opinion that tho facts stated
In the articles Of incorporation, In the
statutes, and In the information, show that
the scheme 10 one whereby the Legislature
Of this State. In consideration Of the sum
Of $3.50. 900, to be placed In the State
Treasury, TO the credit Of the "Insans and
Charitable Fund.-" attempted 10 authorizes
the managers Of the Nevada Benevolent
Association " to enrich their own pockets,
at the expense Of the people Of this aud
other States, by holding out promises OF
the great and sudden gains that might be
acquired by the ticket holders; that
prizes would be "ths lure to In.
cite the credulous and unsuspectipR into