Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-31

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On the 10Th day OF February, A. D.
1881. articles OF incorporation OF the "Ne.
vada Benevolent Association" were filed
In the ofico OF the County Clerk Of Storey
county. The object Of the corporation
being "to establish and carry on the
business Of providing for and giving pub
lilo entertainments. In the State Of Nevada,
Of q musical and scientific character, TO
sell tickets Of admission to 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 ct such times o. may DO de-
termincd by . Board Of Managers 10 DO
selected for that purpose by the Board OF
Trustees Of this company" II 10 pro.
vided that 30 much Of the proceeds Of said
entertainments 'as may b. deemed proper
by the Board Of Trustees, but not less than
$780, 900, from each entertainment, are TO
be placed In the State Treasury Of the
STATE Of Nevada to be used only for such
charitable and benevolent purposes ~ 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
a n Of Nevada. and for other charitable
purposes'' (spproved March Q, 1881, de-
clares that ait shall be lawful for the Ne.
yada Benevolent Association Of the State
Of Nevada TO give not exceeding Ave public
entertainments or concerts; to sell tickets
| of admission TO the same; ~ distribute
among tho holders Of such tickets personal
| property, real estate, things In action, de-
| mands or other valuables, and 10 regulate
| the distribution Of all such property or
gifts by rattle or other schemes Of like char.
scter." (Stat. 1881, l66, Sec. ~
Tho information hlod by the Attorney
General alleges that respondents, - Trus'
toes Of said association. are. without war
rsnt 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 70 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 oil
tho Legislature above referred to.
The facts set forth In tho information
are admitted by respondents 10 DO true.
Arc the acts Of respondents without war
rant Of law2
Is the Act Of the Legislature, approved
March 0, 1881, constitutional2
First-Is the scheme or enterprise In
which the "Nevsda Benevolent Associa'
ton ~ Ia engaged n lottery2
This question 10 answered In the afirmi
tive by the decision Of this Court In "a
parts Blanchard, 0 New, l0i. Is that de
cision correct2 1t certainly is. 1t Is sus
taired by every decision that has beer
rendered by the various courts In III.
United States upon this question.
earnestly asked to declare that the musical
entertainment which the Nevada Benevo
lent Association proposes to give 10 not .
lottery. Why notf What Is . lottery
Every scheme for the distribution Of prizes
by chance IL . lottery. Governors Of thu
Almshouse Of New York W. American Ar
Union. z N. Y.., $780, Dunn VI. The PEG
pie. 40 Ills, 4G7 State vs.. Shorts, 80 N,
j.; L., 40l handle vs.. State, AZ Tex.
585 ; Chavannah vs.. State, 40 Ala. 800
Commonwealth vs.. Manderield, . Phil.
459 ; United States vs.. Olney, l Abb, U,
g., 279.)
A lottery is Q gamo OF hazard In which
small sums are voptured for the chance Of
obtaining greater. (Bell ys. State, I
Sneed., 609.l
"a contrivance for tho distribution o.
prizes by chance I; . reliance upon thu
results Of hazard ; . decision Of the values
Of the adventurer's investment Of til,
favors OF fortune" 10 . lottery. (Wcoder
vs.. Shotwell, 4 Zab., 1857
"where . pecuniary consideration Il
paid, and II is determined by lot or chance
according 70 some scheme held out TO tn,
public what the party who pays the none,
10 to have for IL, or whether ho IL 10 hAv,
anything, IL 10 0 lottery" Estate vs.
Clarke, So N. H., 8S5 Hull vs.. Ruggles
SO N. Y, 427.)
1t makes no difference what name 4
given TO the scheme.
When the element OF chance enters int
the distribution Of prizes II 10 o lottery
without reference to the name by which l
10 called.
"Hs may choose 10 call his business
gift SALE" said the Court In Dunn VI. PEG
plo, supra, "but IL 10 mono the less . lot
tory. and wo cannot permit him to evad,
tho penalties Of tho law by so Transparent
. device as Q nero change Of nsme. II l
differs from ordinary lotteries the differ
ence lies chiefly In the fact that IL 10 NOR
artfully contrived TO impose upon the ig
norant and credulous, and Is, therefore
moro thoroughly dishonest and injuriou
TO society"
"The name given TO tho process and III,
form Of the machinery used to accomplish
tho object are not material, provided tn
substance Of the transaction Is q distribu
ton or disposition Of property by lot
Estate VI. Clarke, supra.)
"Courts will not inquire into the name
but will determine tho character OF tn
scheme by the nature Of the transaction
or business in which tho parties are en-
gagged" (Randle vs.. State, supra.)
"The character Of tho scheme 10 In NJ
wise changed by tho charitable purpos
expressed In Its title. nor by calling tn,
drawings entertainments or gift con
oerts.'" (E1 parte Blanchard, supra.)
"Tho fact that no plan Of distribution ha
been determined upon does not relieve tn
scheme Of Its character as . lottery
Thomas vs. People, 80 Ills, 1881
"Nor 10 Il MATERIAL" said the Court o
Appeals In the American Art Union case
"to tho question In hand that the prize
were not known and designated when tn
tickets or chances wero subscribed ant
paid for. Tho scheme In this respect 4
more Objectionable than . scheme In which
the prizes arc previously fixed, because l
affords less security to the subscribers tina
the chance purchased is worth the none!
paid for It,"
We arc Of opinion that tho facts stated
In the articles Of incorporation, In Ii,
statutes, and In the information, show thu
tho scheme Is u whereby the Legislatur'
Of this State, In consideration Of the sun
Of $250.00 10 DO placed In tho Stat,
Treasury, to the credit Of the Insane ani
Charitable Fund" attempted 10 authorize
the managers Of tho "Nevads Benevolcn'
Association " to enrich their own pockets
at tho expense Of the people Of this ant
other States. by holding out promises o.
the great and sudden gains that might b,
acquired by the ticket holders; tina
golden prizes would be the lure to In
cite the credulous and unsuspecting init