Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-18
SUPREME COURT DECISION.
The Lottery scheme OF the Ne
vsda Bes~velsss Asseeiassss De-
olsssd Cnooasstsusioaai.
UNANIMOUS OPINION. ]

On the 18th day OF February, A. d.
1881, articles Of incorporation Of the "Ne.
ysda Benevolent Association" were fled
IN the ofice OF the County Clerk Of Storey
county. The object Of the corporation
Being "to establish and carry on the
bu.iness Of providing for and giving pub
lie eptertainments, In the State Of Nevada.
Of 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
personsl property. real estate, chooses In
action and other valuable things. upon
such terms and conditions and In sueh
manner and at such times - may be do
termined BY Board Of Managers 70 BE-
selected for that purpose by the Board Of
Trustees OF this company" II II pro.
vided that 20 much Of the proceeds Of said
entertainments ''as may be deemed proper
by the Board OF Trustees. but not less than
$50. .OO0, FROM each entertainment. are 70
be placed In the State Treasury OF the
STATE Of NevadA 10 bo used only for such
charitable and benevolent purposes ~ may
be determined BY the Legislature OF the
State Of Nevads."
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 8, 1851, de-
clares that "it shall be lawful for the Ne.
yada Benevolent Association OF the State
Of Nevada 70 give not eIoeeding i've public
entertainments or concerts; 70 sell tickets
of admission to the same " distribute
among tho holders Of such tickets personal
property. real estate, things In action' de-
msnds or other valuablss. and 70 regulate
the distribution Of all such property or
gifts BY rafds or other schemes OF like char
sctsr." (Sut. 1881. l66, Seo. ~
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
I" base their rights to advertise. print. cir.
eulats and sell tickets for the said public
exhibitions or entertainm and ~ pur.
chase, use, hold aud distribute amongst
the holders OF such tickets personal pro.
perty, real estate. chooses In action aud
other valuable things" upon the Act of
the Legislature above referred to.
The fscts set forth In the information
are admitted by respondents to DO true.
Are the acts Of respondents without war
rant Of lsw2
Il the Act Of the Legislature, approved
March Q. 1881, CONSTITUTIONAL
First--Is the scheme or enterprise IN
which the "NevadA Benevolent Associa'
ton" 10 engaged lotteryf
This question is answered In the afirma.
tive by the decision Of this Court In sx
parts Blanchard. 0 New, l0a. Is that de-
cision correct? 1t certainly is. II is aus.
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 musical
which the Nevada Benevo-
lent Association proposes to give 10 not .
lottery. Why not? What Ii . lotteryf
Every scheme for the distribution OF fprizss
by chance 10 q lottery. Governors of the
Almshouse Of New York W. American Art
Union. Z n. Y... 2S9; Dunn ". Tho Peo-
pie. 40 Ills. 467 State ". Shorts, " N.
j.; L.. 40i Randlo W. State, AZ Tex.
oS5 Chavannah W. State. 40 Ala. 3s6
Commonwealth vs. MAnderheld, Phil,
459; United states W. Olnsy, Abb, U.
g.. 279.)
A lottery 10 game Of hazard in which
small sums are ysntured for the chance Of
greater. BELL W. stats'
Snssd.. 60o.l
"a eontrivauce for the distribution OF
prizes BY chance; . reliance upon the
results Of hazard . decision OF the values
OF the adventurer's investment OF the
favors OF fortune" 10 . lottery. (Wcoden
W. Shotwell. 4 Zab.. 1851
"whsre . pecuniary consideration 10
paid. and 10 II determined BY lot or chance
according 10 soms scheme held out to the
public what the party who pays the money
10 to have for IL. or whether be 10 70 have
anything, 10 10 . lottery" (Stste W.
Clarke, 81 n. H. 8so; Hull ". Ruggles.
60 n. Y, A27.)
IL makes NO difference what name 10
given to tho scheme.
A rose By any other name would smell % sweet;
a thUrn by any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes IL 10 lottery.
without reference TO the name by which II
is called.
"He may choose 10 call his business
Gift sals," said the Court In Dunn W. Peo.
Die, supra, "but 10 10 none the less lot.
iery, and we cannot permit him to svade
the penalties Of the law BY 20 transparent
q device - mere change Of name. III II
difisrs from ordinary lotteries the diner.
sncs lies chiefly In the fact that It II more
srtfully contrived TO impose upon the ig.
norant and credulous, and 10, therefore,
more thoroughly dishonest and injurious
70 society"
"Ths name given to the process and the
form Of the machinery used to accomplish
the object are not material. provided the
substancs OF the transaction IL distribu:
tion or disposition Of property BY lot"
tststs W. Clarke. supra.)
"Courts will not inquire into the name,
but will determine the character OF the
scheme by the nature Of the transaction
or business In which the parties are On.
gaged." tHandls ". 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-
cera.'" (Ex parts Blanchard. supra.)
4uo iaHt tuet w Pieh W iaAsssSess~s--~
been determined upon docs not relieve the
scheme Of iu character - lottery
Thomas W. People. 50 Ills. 1881
!" Nor 10 IL material" said the 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 we're subscribed and
paid for. The scheme In this respect 10
more Objectionable than scheme In which
the prizes are previously hxsd. because 1t
affords less security to the subscribers that
the chance purchased 10 worth the money
psid for It."
We are Of opinion that the facts stated
In the articles Of incorporation. In tho
statutes. and In the information. show that
the scheme 10 ono whereby the Legislature
Of this State. In confederation Of the sum
Of S23o. 900. 10 be placed In the State
Treasury. 70 the credit Of the Insane and
Charitabls Fund.-" atssmpted 70 authorize
the managers Of the Nevada Benevolent
Association " TO enrich their own pockets.
.. the expense Of the people OF this and
other States. BY holding out promises OF
the great and sudden gains that might be
ACQUIRED BY the ticket holdsrs; that
golden prizes would be !" the lure to In
cite the ersdulous and unsuspeotins into