Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-01
SUPREME COURT DECISION.
The Lottery scheme OF she Ne
vads Bss-vsiess Assscississ Do.
Glazed UaeSss,isasiSaal.
UNANIMOUS oprxIoS.l


UNANIMOUS OPINION.
On the 18th day OF February. A. d.
1881. articles Of incorporation Of the "Ne.
vsda Benevolent Association" were hled
In the ofics OF the County Clark 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 musical and scientific character. to
sell tickets Of admission 10 such entertain.
ments, and TO purchase. hold and dis.
tribute among the holders Of such tickets
personal property. real estate, ohoses In
action and other valuable things. upon
such terms and conditions and In such
manner and at such times - may be do.
termined by Board Of Managers TO be
selected for that purpose BY the Board Of
Trustees Of this company" IL 10 pro.
vided that 70 much Of the proceeds OF said
entertainments "ss may be deemed proper
by the Board Of Trustees. bus not less than
$50, ,OO0, from each entertainment, are b
be placed In the Stats Treasury OF the
StaIe Of Nevada 70 be used only for such
charitable and benevolent purposes - may
be determined BY the Legislature OF tho
State Of Nevada"
The "Act to 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 y. 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 ~ distribute
among the holders Of such tickets personal
property, real estate. things in action. de-
mands or other valuables. and TO regulate
the distribution Of all such property or
gifts by rattle or other schemes Of like char
acter." tStst. 1881, l16, Sec. ~
Tho information alsd by the Attorney.
General Hllegvs 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
"b.ss their rights to advertise. print. cir.
eulats and sell tickets for tho 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 the information
are admitted by respondents to be true.
Are the acts Of respondents without war
rant Of lAw2
Is the Act OF the Legislature, approved
March 0, 1881, constitutionalf
First-Is the scheme or enterprise In
which the Nevada Benevolent Associa.
ton Is engaged lotteryf
This question IL answered IN the amrma-
tive by the decision Of this Court In sr
parts Blanchard. . New. l04. Is that dc.
cision cvrrect2 II certainly is. II ID sus.
tsired 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 Q
lottery. Why not2 What 10 . lottery
Every scheme for the distribution Of prizes
by chance 10 Q lottery. Governors VI the
Almshouss Of New York W. American Art
Union. Z n. ". 2Ss; Dunn W. The Peo-
pie. ~ Ills. 467 State vs.. Shorts, 81 N.
j.; L., 4Ol handle vs.. State, AZ Tex,
sS5 ; Chavannsh vs.. State. 40 Ala. sse
W. Mandsrnsld. . Phil,
a5s United States 70. olnsy, Abb, U.
b., 27g.)
A lottery is . game Of hazard in which
small sums are ventured for the chance Of
obt.ininx greater. BELL ". State D
Snssd.. o09.I
"a contrivsncs for the distribution OF
prixes by chance . reliance upon the
results Of hazard /; . decision Of the values
Of the adventurer's investment Of the
favors OF fortune" 10 . lottery. (wcodsn
70. Shotwsll, 4 Zsb.. 1851
"where . pecuniary consideration ID
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 he 10 to have
anything, IL 10 . lottery" Estate W.
Clarke. 50 n. H., SS5 Hull W. Ruggles.
Sc n. Y, 427.) .
It makes no difference what name 10
given to the scheme.
A rose By any other name would smell ssswest;
thorn by any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes IL 10 lottery.
without reference to the name by which 1t
10 called.
"He may choose to call his business .
gift sale" said the Court in Dunn ". Peo-
pie. supra. "but 1t 10 none the less lot.
iery. and we cannot permit him to evade
the penalties Of the law BY 20 transparent
= device a. . mere change Of name. II IL
differs from ordinary lotteries the diner.
.ncs lies chiefly In the fact that IL 10 more
artfully contrived to impose upon the ig-
norant and credulous, and 10, 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 distribu.
tion or disposition Of property BY lot"
Estate W. Clarke, suprA.)
Courts will not inquire into the name.
but will determine the character Of the
scheme by tho nature OF the Transaction
or business In which the parties are en-.
gagged" (Rsndle vs.. State, supra.)
"The character Of the schsme 10 In no
wise changed BY the charitable purpose
e1pfeeseQ ~ IN uuc, uoE W SeAhbb suS
entertainments or gift con.
certs.'" (Ex parte Blanchard, supra.)
"The fact that no plan Of distribution has
been determined upon does not relieve the
scheme OF Its character as lottery"
Thomas vs. People. 50 Ills, 1851
Nor is IL Material" said the Court Of
Appeals in 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 1t
affords less security to the subscribers that
the chance purchased 10 worth the money
psid for It,"
We are Of opinion that the facts stated
In tho articles Of incorporation, In the
ststutes, and In the information. show that
the scheme 10 one whereby the Legislature
Of this STATE. In consideration Of the sum
of S2sO, 200, 10 be placed In the State
Treasury, 20 the credit Of the !" Insane and
Charitable Fund.-" attempted 70 authorize
the managers Of the Nevada Benevolent
a ..oci. tim {" 70 enrich their own pockets,