Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-20
SUPREME COURT DECISION.
The Lottery scheme Of she Ne.
vsda osa~vslsas Asseciatisa De-
Glazed Uaeosstisusional.
%fuNANrxous oPrN1oN.l


1881, articles Of incorporation Of tho "Ne.
ysda Benevolent Association" we're hled
In the ofioe OF the County CLERK OF Storey
county. Tho 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 Q musical and scientific character, 70
sell tickets Of admission TO 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 o.
tsrmlned by . Board Of Managers TO be
selected for that purposs BY the Board Of
Trustees Of this company" II 10 pro.
yided 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 70
DO placed In the State Treasury OF the
StaIe Of Nevada 10 DO used only for such
charitable and benevolent purposes - may
STATE Of Nevada."
The "Aot to Aid the Nevada Benevolent
Association In aiding In providing means
for the care and maintenance Of the In
sane Of Nsvads. and for other charitable
purposes approved March 0, 1851, de-
plares that '.it shall be lawful for the Ne.
vada Benevolent Association Of the State
Of Nevada 70 give not exceeding I've public
entertainments or concerts; to sell tickets
Of admission TO the Same ; " distribute
among the holders Of such tickets personal
property, real estate. things In action, do
mands or other vsluables, and 70 regulate
the distribution Of all such property or
gifts BY rahie or other schemes Of like char.
sctsr." (BAt. 1881. i66, Seo. ~
The information hled 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 . q" and that they
base their rights 10 advertise, print, OR.
oulate and sell tickets for the said public
exhibitions or entertainments, and 70 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
tho Legislature above referred 10.
The facts set forth 10 the information
are admitted by respondents TO DO true.
Are the acts Of respondents without war
rant OF lawf
L the Act Of the Legislature. approved
March ., 1881, oonsututionslf
First-Is the scheme or enterprise In
which the "Nsvads Benevolent Assoois'
ton 4" Il engaged . lottsry2
This question II answered In the afhrmi-
tive BY the decision Of this Court 10 ss
pars blanchard. 3 New. l0t. Il that de-
eision correot3 It certainly IL. II IL sus.
taiped by every decision that has boen
rendered BY the various courts In the
United States upon this question.
Notwithstanding this fact, We are now
earnestly asked 70 declare that the musical
entertainment which the Nevada Bensvo-
lent Association proposes 70 give II not .
lottery. Why notf What In . lottery
Every scheme for the distribution Of prizes
BY chance II Q lottery. Governors VI the
Almshouss Of New York ". American Art
Union. Z N. r., 2s9; Dunn ". The PEG.
pie, ~ Ills, 467 ; State W. Shorts, " N.
j.; L., 4Ul ; handle W. Stats. ~ Tex,
6S5 ; Ohavannah W. State, 40 Ala. 3s6 ;
Commonwealth VI. Msnderheld, 8 Phil,
$50 United Satss ". olnvy. ! Abb, U.
b., 979.)
4 lottery IL Q game Of hazard In which
small sums are vsntured for the chance OF
obtaining greater. BELL VI. State, b
snssd., 6o9.l
"a oontrivancs for the distribution OF
prizss BY chance ; . reliance upon the
results Of hazard ; . decision Of the values
Of the s%dventursr's investment OF the
fsvors Of fortune" II . lottery. wooden
~. shotwsll, 4 Zsb.. 1867
"Whsre . pscuniary consideration 10
paid, and Il 10 determined BY lot or chance.
according 70 rome scheme held out 10 the
public what the party who pays the money
Il 70 have for IL, or whether he 10 10 have
anything, 10 10 . lottery" (Stas vs.
Clarke. 50 N. r., Ss5; Hull 70. Rugglss.
So N. Z, A27.)
II makes no difference what name IL
given to the scheme.
A rose By any other name would smell % swsei;
a thUrn BY any other name would prick - desp.
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 .
gift SALE" said the Court In Dunn VI. Pso.
pie, supra, "but IL 10 none the less . lot.
terry, and We cannot permit him TO svads
the penalties Of the law BY % transparent
. device ~ . nero change Of name. II IL
differs from ordinary lottsries the differ.
encs lies chiefly In the fact that Il II more
artfuily contrived to impose upon the ig.
porant and credulous, and 10, therefore,
moro thoroughly dishonest and injurious
70 society" I..l
"The name given 10 the process and the
form Of the machinery used 70 accomplish
the object are not material, provided the
substance Of the transaction II . distribu.
ton or disposition Of property by lot"
Estate ". 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 On.
gagged" (Rsndls W. State. supra.)
1.-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.
cers.'" (Ex psrte Blanchard. supra.)
"The fact ths no plan Of distribution has
been determined upon docs not relieve tho
scheme Of ih character - 3 lottery"
Thomas VI. People, SO Ills, 1881
"Nor II 10 material" said the Court OF
Appeals In the American Art Union case,
"to the question In hand that the prizes
we're not known and designated when tho
tickets or chances were subscribed and
paid for. The scheme In this respect 10
more Questionable than . scheme In which
the prizes are previously nxsd. because II
Affords less security 10 the subscribers that
the chance purchased IL 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 10 n whereby the Legislature
Of this State. In consideration Of the sum
Of $250.000, TO be placed In the State
Treasury, 70 the credit Of the Insane and
Charitable Fund.-" attempted 10 authoriss
the managers Of the "Nsvsda Benevolent
Association " 70 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 DO
acquired BY the ticket holders; that
golden prizes would b "ths lure 10 In.
cite the orsdulous and unsuspecting into