Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-29
SUPREME COURT DECISION.
UNANIMOUS OPINION.

county. Int OBJECT OF the corporation
being ITO establish and carry on tho
business Of providing for and giving pub
lie entertainments, In the State Of Nevada,
Of o musical and scientific character. to
sell tickets Of admission to such entertain.
ments, and TO 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 aud In such
manner and at such times "a may DO do
termined by . Board Of Managers to DO
selected for that purpose by tho Board Of
Trustees Of this company" 1t Is pro-
| vided that 30 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 to
be placed In the State Treasury OF tho
STATE Of Nevada to be used only for such
charitable and benevolent purposes a. 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 0, 1881, do
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 tho same ; tU 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." tStat. 1881, 1876, 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 y o." and that they
base their rights TO advertise, print. cir.
culste and sell tickets for the said public
exhibitions or entertainments, and 10 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 tho information
are admitted by respondents 10 be true.
Are the acts Of respondents without war
rant Of law2
Is the Act Of the Legislature, approved
March 0, 1881, con~stituti0nal2
First-ls tho scheme or enterprise In
which the Nevada Benevolent Associa.
ton " 10 engaged . lottery2
This question 10 answered In the afirma-
tive by the decision Of this Court In &C
parte blanchard, 0 New, l0i. Is that de-
cision correct2 1t certainly Is. 1t Is sus.
taired by every decision that has boen
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact, VIC arc now
earnestly asked TO declare that the musical
entertainment which tho Nevada Benevo-
lent Association proposes To give 10 not o
Every scheme for tho distribution Of prizes
Almshouse Of New York vs.. American Art
Union. 2 N. w.. $50; Dunn vs.. The PEG.
pie, 40 Ills, 467 State vs.. Shorts. 50 N.
j.; L.. IOi handle vs.. State, AZ Tex.
6S5 C~havannsh VI. State, 40 Ala. 800 ;
Commonwealth vs.. Msnderfeld, y Phil,
As9 ; United States vs.. Olney, l Abb, U.
H., 279.)
A lottery Is . game Of hazard In which
small sums arc ventured for the chance Of
obtaining greater. tBell VS.. State, 8
Sneed., 609.)
"a contrivanco for the distribution Of
prizes by chance o reliance upon the
results Of hazard ; . decision Of the values
Of the adventurer's investment Of tho
favorspf fortune" Is o lottery. wooden
VI. Shotwell, 4 Zab., 1851
"Whero Q pecuniary consideration 10
paid, and II is determined by lot or chance.
according to some scheme held out to the
public what tho party who pays tho money
IL to have for 1t, or whether he IL to have
anything, IL 10 . lottery" Estate vs..
Clarke, 81 N. H., 335 Hull vs.. Ruggles,
60 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 1t Is Q lottery.
without reference TO the name by which II
10 called.
"He may choose to call his business o
gift SALE" said tho Court In Dunn W. PEG.
pie, supra, "but IL 10 mono the less . lot.
terry, and we cannot permit him to ovade
the penalties Of the law by 80 transparent
. device as o mere change Of name. II II
differs from ordinary lotteries tho differ.
ence lies chiefly In the fact that II Is moro
artfully contriyed TO impose upon the ig.
norant and credulous, and IL. therefore,
moro thoroughly dishonest and injurious
10 society,""
"The name given to the process and the
form OF the machinery used to accomplish
the object are not material, provided tho
substance Of the transaction Is o distribu.
tion or disposition Of property by lot"
fStato Va. Clarke. aupra1
Courts will not inquire into the name,
but will determine tho character Of tho
scheme by the nature OF tho transaction
or business In which the parties arc en-.
gagged" (Randlo VS.. State, supra.)
"The character OF the scheme IL In no
wise changed by the charitable purpose
expressed In Its title, nor by calling the
drawings entertainments or gift con-
certs.'" (Ex parte blanchard. supra.)
"Tho fact that n o plan Of distribution has
been determined upon does not relieve the
scheme OF Its character as q lottery"
Thomas vs.. People. so Ills, 1881
"Nor is Il 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 were subscribed and
paid for. The scheme In this respect is
more Objectionable than . scheme In which
the prizes are previously fixed. because It
affords less security TO the subscribers that
the chance purchased is worth the money
psid for IT,"
We are Of opinion that tho facts stated
In the articles Of incorporation. in the
statutes. and in the information. show that
the scheme Is ono whereby tho Legislature
Of this State, In consideration Of the sum
Of s250. 600, TO DO placed In tho State
Treasury, TO the credit OF the "Insane and
Charitable Fund.-" attempted to authorize
the managers Of tho 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 DO
acquired by tho ticket holders; that
golden prizes would DO tho lure to In
cite the credulous and unsuspecting into
this scheme"
In tho light Of all tho facts that have
been presented IL would be absurd to say
that the managers Of this scheme are sim
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