Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-28
SUPREME COURT pfcIsIoN.
UNANIMOUS oprs1os.]

500 ny VI &oSAes
1881, articles Of incorporation Of the "Ne.
ysda Benevolent Association" were hled
In the ofaoe 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 6tate OF Nevada
offs musical and scientific character, to
sell tickets Of admission 10 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 q may DO do
termined by . Board Of Managers 70 be
selected for that purpose BY the Board Of
Trustees Of this company" II 10 pro.
vided that DO much Of the proceeds OF said
entertainments "Rs may be deemed proper
By the Board Of Trustees. but not less than
$4,000, from each entertainment, are 70
be placed In the State Treasury OF the
STATE Of Nevada TO be used only for such
charitable and benevolent purposes ~ may
30 determined by tho Legislature Of the
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 Nevada, and for other charitable
purposes" approved March 0, 1881. de-
clares that 'it shall be lawful for the Ne.
vada Benevolent Association Of the State
Of Nevada 10 give not exceeding ave public
entertainments or concerts; TO sell tickets
Of admission 70 the same ; " distribute
among the holders Of such tickets personal
property. real estate, things In action, do
mands or other valuablss, and TO regulate
the distribution Of all such property OF
gifts by rafde or other schemes Of like char.
actsr." tStat. 1881. 1856, Bee. ~
The information hlsd BY the Attorney.
General alleges that respondents. - Trus'
tees Of said association. are. without war
rsnt Of law. advertising, printing,
circulating and selling tickes for public
entertainments = o." and that they
base their rights 10 advertise, print, cir
culAte and sell tickets for the said public
exhibitions or entertainments. and " 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 ol
the Legislature above referred to.
The facts set forth In the information
are admitted by respondents 10 DO true.
Are the acts Of respondents without war
rant Of law7
Il the Act Of the Legislature. approved
March Q, 1881, oonstitutional2
First-Is the scheme or enterprise 10
which the "Nevada Benevolent Associa'
ton " 10 engaged . lottery2
This question 10 answered in the afirms'
tive by tho decision Of this Court In "a
parts blanchard. 8 New, l04. Is that de-
oision correctr It certainly Is. 1t Ia sus'
taired 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 mhsical
entertainment which the Nevada Benevo.
lent Association proposes 10 give Ia mo- Q
lottery. Why not2 What Is Q lottery !
Every scheme for the distribution Of prizes
by chance Ia . lottery. Governors VI the
Almshouse Of New York W. American Arr
Union. 2 N. ", 239; Dunn W. The PEG.
pie. 40 Ills, 467 State VI. Shorts, 80 N.
j.; L., 40l ; Randlo VI. Stats, ~ Tex,
685 (; C~havannah VI. State, 40 Ala. 1876
Commonwealth W. Manderheld, 9 Phil.
$50 /; United States VI. Olney, l Abb, U.
b., 27s.)
A lottery Is Q game Of hazard In which
small sums are vontured for the chance Of
obtaining greater. BELL vs.. State, Q
Bneed., 509.l
"a contrivance for the distribution OF
prizes by chance . reliance upon the
results Of hazard ; . decision Of the values
Of the adventurous investment Of the
fAvors OF fortune" il . lottery. Wooden
VI. shotwell, 4 Zsb., 1861
Where Q peounisry consideration IL
paid, and IL 10 determined by lot or chance.
according TO some scheme held out 10 the
public what the party who pays the money
10 to have for IL, or whether no 10 10 have
anything, IL 10 . lottery" Estate VS..
Clarke, 80 N. H.. SS5 Hull vs.. Ruggles,
Sc N. Y, 427.) $3.50 4
1t makes no difference what namo Ii
given 10 the scheme.
A rose BY any other name would smell o. sweet;
A thorn by any other name would prick a. deep,
When the element Of chance enters into
the distribution Of prizes IL 10 Q lottery.
without reference to the namo by which Il
10 called.
"He may choose to call his business Q
gift ssle." said the Court In Dunn W. PEG.
pie. supra, "but II Il none the less . lot.
terry. and We cannot permit him to evade
the penalties Of the law by 80 transparent
. device as . mere change Of name. II II
differs from ordinary lotteries the differ.
cnce lies chiefly In the fact that II 10 more
srtfully contrived to impose upon the ig.
norant and credulous, and 10. therefore,
more thoroughly dishonest and injurious
10 society"
"The name given 10 the process and the
form Of the machinery used to accomplish
substance Of tho Transaction IL o distribu.
ton or disposition Of property by lot"
(state vs.. Clarke. supra.)
Courts will not inquire into the nsms,
but will determine the character Of the
scheme by the nature Of the transaction
or business In which the parties are en-.
gagged" (Randls W. State, suprs.)
"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 parte Blanchard. supra.)
1.-THE fact that no plan Of distribution has
been determined upon does not relieve the
| scheme Of it, character q Q lottery"
Thomas W. People, SO Ills. 1881
"Nor 10 10 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 prixes are previously fxed, because IL