Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-08
supatmr COURT uEcIsIon.
ne lsssesy scheme % the Hs-
vaaa osa-vsssss Assssssssea Do.
sls.sd Uneesssisasisssl.

ne lsssesy scheme % shs Ns.
v.aa uss-vsssss Associates Dc.
slsssd Uaessssisasiessl.
fuxAxmors OPINION.
On the 18th day OF February, 4. D.
1881, articles q insorporstiea Of ths "Ns.
vsds Benevolent Association" were hlsd
IN the once Of the County Clerk Of Storey
county. The object of The corporation
bsing "to sstahlish and carry on the
business Of providing for and giving pub
lic sutsrtainmsnts. In thA etsts Of Nevada,
Of . musical and scientific charactsr. 70
all tickets of admission 70 suoh satsrtain.
ments, and 10 purchase. hold and dis
tribute amoag The holders of suoh tickets
psrsonal property, real estAte, chooses In
action and othsr valuable things. upon
such tsrns and conditions and In suoh
manner and at such times - may be do.
tsrmined By Board Of Managers 10 be
ssleotsd for that purpose By ths Board OF
Trust - Of this company" u h pro.
vided that 20 much Of the proceeds Of said
entertainments "as may b deemed proper
by the Board Of Trustees. bat not lsss than
$50. 900, from saoh sntsftainment. are 70
bs placed In ths 9tats Treasury Of the
otsis Of Nevada 70 b used only for such
charitable and bsnsvolsnt purposes - may
STATE Of Nevada"
Association In aiding In providing means
for the care and maintenance Of me IN
sane Of Nevada. and for other charitable
purposes" (approved March ,. lSou, Dc
cisrss that I'D shsll b lawful for the No.
ysds Bsnsvolsnt Association OF The State
Of Nevada 70 give mot exceeding ave public
sntsrtainmsnu or concerts; 70 sell tickets
Of admission 10 the same " distribute
among the holders Of suoh tickets personal
ps opsrty, real estats. things In action, de-
mands or other vsluables, and 70 regulate
the Distribution Of oil such property or
gifs by rafiis or other schemes of like char.
setsr." (Htat. 1881. l66. Ssc. ~
The information hlsd by the Attorney.
0snsrsl alleges that respondents, - Trus-
tees Of said association. are, without war.
rant Of Law. advertising. printing.
circulating and selling tickets for public
sutsrtsinmsnts . . ." and that they
" base their rights 10 advertise. print. cir.
eulsts and sell tickets for the said public
sxhibitions or sntsrtain msnts. and 70 pur.
chase, uss, hold and distributs smougss
the holders Of such tickets personal pro-
party, real sstats. choses IN action and
other valuable things." upon The ACT Of
the Legislature above rsfsrfsd 70.
The fscts set forth In the information
are admitted BY respondents 70 b true.
Are the acts Of respondents without war
rant Of lswf
Il the Act Of the Legislature. approved
March Q. 1881. sonstitutionalf
Hirst-Is the scheme or sntsrprise Ia
which the "Nsvsda Benevolent Associa.
ton" 10 engaged . lottsryf
This question 10 answered In the amrmi-
tive By the decision Of this Court In sr
parss Blanchard. . New, l0A. u that de-
cision corrsct2 II certainly is. IL u sus.
taired BY every dscision that has been
rendered By the various courts In the
United States upon this question.
Notwithstanding this fact. ws are now
earnestly asked TO declare that the musical
which the Nevada Bsnsvo-
lent Association proposes 10 give II not .
lottsry. Why not7 What u Q lottsry
Every scheme for the distribution Of prizes
By chance 10 Q lottery. Governors of the
Almshouss Of New York ". American Art
Union. z N. r.. 239 Dunn Va The Peo-
pie, ~ Ills, 467 State ". shorts, ~ N.
j.; L., 40l; handle ". Stats. A Tex,
oSs Chavannah ". State, 40 Ala. w ;
Commonuealth W. Nandsrnsld. 8 Phil,
lss; Unissd Statss ". olnsy. Abb. U.
B.. 27s.)
4 lottery ID . game Of hazard In which
small sums Are vsntursd for the chance Of
obtaining greater. tBsll ". s'ass'
snssd.. so9.l
"a con,rivancs for the distribution OF
prizes By chance; . reliance upon the
fssuits Of hazard . decision Of the values
Of the sdvsptursr's investment Of the
favors Of fortune" 10 . lottery. (woodsn
W. shotwsll. 4 Zab., 1851
"Whsrs Q psouniary confederation 10
paid, and IL IL determined By lot or chance.
according 10 some scheme hsld out 10 the
public what the party who pays the money
is 70 have for IL. or whether hs 10 70 have
anything. IL II . lottsry." tstats ".
Cisrks. IS N. H.. SIS; Hull ". Ruggles.
90 N. T., ALL
Il makes no difference what name II
given 70 tho scheme.
A rose by any other name would smell ssswsst;
= thOrn b. any othsr nams wosld prick - Deep
When the element Of chance enters into
the distribution Of prisss 10 u . lottery.
without rsfsrsnos 70 the name By which 10
II called.
"He may choose 70 call his business
gifs sals." said the Court In Dunn ". Poo
Die, supra, "but 10 10 none the less lot.
iery, and ws cannot permit him to svade
the penalties Of the Law By 90 Transparent
device - mere change of name. II u
differs from ordinary lottsries the dinsr-
sncs lies chiefly In the fact that IL 70 moro
artfully eontrived to impose upon the ig-
norant and eredulous. and 10, therefore,
more thoroughly dishonest and injurious
70 society,"" -,
"Ths name given TO the process and the
form Of the machinery used 70 sccomplish
The object are mot material. provided the
substanoe Of the transaction II distrtbu.
ton or disposition Of property By lot"
tStats W. Clarke. suprs-)
"Courts will not inquire into the name,
bus will dstermins the ehafsstsr OF the
scheme by the nature Of the Transaction
or business In which the parties are On.
sased." (Randls ". ststs. suprs.)
"Ths character Of the scheme 10 10 no
wise changed BY the charitable purpose
expressed In it. title. nor BY calling the
drawings .entsrtainments of gift CON.
oerts.'" (Ex psrts Blanchard. supra
"Ths fact that NO plan Of distribution has
been dstsrminsd upon does not relieve the
scheme Of In eharaotsf - lottsry."
Thomas W. People. 50 Ills. 1851
"Nor 10 u matsrial." said The Court Of
Appeals In the American Art Union oess.
"to The question In hand that the prises
were not known and designated whom the
tickets or chances were subscribed and
paid for. The scheme In this respect 10
more Objectionable than . scheme In which
The prizes are prsviously hxsd. bscause II
Affords les security 70 the subscribers that
the chance purchassd IL worth the money
psid for L."
We are Of opinion that the facts stated
In The articles Of incorporation, In the
ststutes, and In The information. shov that
ths scheme u one whsrsby the Legislature
OF this stats. In consideration Of the sum
Of S2s0, 900, 70 b placed In the STATE
Trsssury, 70 the credit Of the Insane and
Chsriu6is Fund" attempted 70 authorize
~. nausssrs Of the F" Nevada Benevolent