Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-17
SUPREME COURT DECISION.
~[uNANrMous oprN1oN.l

county. The object Of tho corporation
being "to establish and carry on tho
business Of providing for and giving pub
lie entertainments, In the State OF Nevada
Of . musical and scientific character, 10
sell tickets OF admission TO such entertain
ments, and to purchase, hold and dis.
tribute among tho 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 as may DO de-
termined by Q Board Of Managers to DO
selected for that purpose by tho Board OF
Trustees Of this company" II 10 pro-
yided that 80 much Of the proceeds Of said
entertainments "as may DO 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 10 be used only for such
charitable and benevolent purposes a. may
be determined by the Legislature OF the
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 Q, 1851, do.
clares that alt shall be lawful for the Ne.
yads Benevolent Association OF the State
of Nevada TO give not exceeding I've public
entertainments or concerts; TO sell tickets
of admission to the same ; to 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 rsfie or other schemes Of like char
actor" stStat. 1881, 168, Sec. ~
The information aled 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 = -" and that they
"base their rights TO advertise, print, cir.
culate 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
tho Legislature above referred TO-.
The facts set forth In the information
are admitted by respondents to be true.
Are tho acts Of respondents without war
rant OF law2
Is the Act Of the Legislature, approved
March 0, 1881, CONSTITUTIONAL
First-Is the scheme or enterprise In
which the Nevada Benevolent Associa-
ton /" is engaged . lottery2
This question IL answered In the aflrma-
tive by the decision Of this Court In &C
parte Blanchard, 8 New, l0i. Is that do.
cision corrcct2 IL certainly Is. 1t Is sus.
s.ta.I kr varx Iansatna that has hmm
rendered by the various courts In tho
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 Is not .
lottery. Why not2 What 10 . lottery 2
Every scheme for tho distribution Of prizes
by chance Is . lottery. Governors Of tho
Almshouse Of New York W. American Art
Union. z N. ", $50; Dunn vs.. Tho Peo-
pie, 40 Ills, 467 State vs.. Shorts. 81 N.
j.; L., 40l /; Randle VI. State, AZ Tex,
5S5 ; Chavannah vs.. State, 40 Ala. 500 ;
Commonwealth Va. Manderteld, . Phil,
459 /; United States VS.. olney, l Abb, U.
g., 279.)
A lottery Is o game Of hazard in which
small sums are ventured for the chance Of
obtaining greater. BELL vs.. State, 8
Sneed., 509.l
"a c~ontrivance for tho distribution Of
prizes by chance /; o reliance upon tho
results Of hazard |; . decision Of the values
Of the adventuror's investment Of tho
favors OF fortune" IL 0 lottery. (Wcoden
vs.. shotwell, 4 Zab.. 1857
"Where o pecuniary consideration Is
paid, and It Ia determined by lot or chance,
according TO some scheme held out to the
public what the party who pays tho money
Is to have for II, or whether he 10 to have
anything, IL IL 0 lottery" Estate VS..
Clarke. 80 N. H., 1856 ; Hull vs.. Ruggles.
sc N. Y, 427.)
1t makes no difference what name Is
given to the scheme.
When the element OF chance enters into
the distribution OF prizes IL Is o lottery.
without reference 10 tho name by which IL
Is called.
"He may choose to call his business q
gift salo." said tho Court In Dunn vs.. PEG.
pie, supra, "but II Is none the less . lot.
terry, and we cannot permit him to ovado
the penalties Of the law by so transparent
. device as q nero change Of name. II IL
differs from ordinary lotteries tho differ.
enco lies chiefly In the fact that 1t Is more
artfully contrived to impose upon the ig.
norant and credulous, and Is, therefore,
moro thoroughly dishonest and injurious
to society,""
"The namo given to tho process and the
form Of the machinery used to accomplish
tho object arc not material, provided tho
substance Of the transaction IL o distribu.
ton or disposition Of property by lot"
(State vs.. Clarke. supra.)
"Courts will not inquire into the name,
but will determine tho character Of tho
scheme by tho nature Of tho transaction
or business In which tho parties arc en-
gagged" (Randle vs.. State, supra.)
"The character Of the scheme Is In no
wise changed by the charitable purpose
expressed in It's title, nor by calling tho
drawings entertainments or gift con.
ccrts.'" (Ex parto blanchard, supra.)
"The fact thatn plan Of distribution has
been determined upon does not relieve the
scheme Of It's character as . lottery"
Thomas VI. People. so Ills, 1881
"Nor is II material" said tho 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 wero subscribed and
paid for. The scheme In this respect 10
moro Objectionable than Q scheme In which
the prizes arc previously fixed. because 1t
affords less security TO the subscribers that
the chance purchased is worth tho money
paid for IT,"
We arc OF opinion that the facts stated
In the articles Of incorporation, In the
statutes, and In the information, show that
the scheme Ia one whereby the Legislature
Of this State, In consideration Of the sum
Of $3.50. 900. to DO placed In tho State
Treasury, TO tho credit Of the Insane and
Charitable Fund" attempted to authorize
the managers Of the Nevada Benevolent
Association " TO enrich their own pockets,
at the expense Of tho people Of this and
other States, by holding out promises OF
the great and sudden gains that might be
acquired by tho ticket holders; that
golden prizes would DO tho lure TO In
cite tho crcdulous and unsuspccting into
this scheme"
In the light Of all the facts that have
been presented II would DO absurd to say
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