Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-21
SUPREME COURT DECISION.
UNANIMOUS op1S1oS.l


1881, articles OF incorporation OF the me.
vada Benevolent Association" were died
In the Office OF the County Clerk OF Storey
county. The object OF tho corporation
being "to establish and carry ON the
business OF providing for and giving pub
lie entertainments, 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
personal property, real estate, chooses In
action and other valuable things, upon
such terms and conditions and In such
manner and at such times as may DO do.
| termined by Q Board Of Managers to DO
selected for that purpose by tho Board OF
| Trustees Of this company" II is pro.
| yided that 30 much Of the proceeds Of said
| entertainments "as NAV be deemed proper
by The Board Of Trustees. but not less than
$50. 1000, from each entertainment, are to
| be placed In the State Treasury Of the
| STATE OF Nevada 10 be used only for such
| charitable and benevolent purposes as 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 caro- and msintensnce Of the In.
anna Of Nevada, and for other charitable
-purposesn (approyed March Q. 1881, dc.
eiares that ..it snail be- lawful Tor the No.
vads Beneyoleut Associstiou Of the State
| Of Nevada TO give not exceeding Ave public
| entertainments or concerts; to sell tickets
Of admission to the same to distribute
among the holders Of such tickets personal
property. real estate, things in action, do
mands or other valuables, and to regulate
the distribution Of all such property OF
gifts by rattle or other schemes Of like char
acter." tStat. 1881, l66. Sec. H.
The information filed by tho Attorney
General alleges that respondents, Is Trus'
tees OF said association, arc without war
rant OF law. advertising, printing,
circuiating ana seiiing uckeA LOT puphs
ENTERTAINMENTS anu mat tney
base their rights 70 advernse' print, CIT
culate and sell tickets Tor the SAID pupie
exhibitions or entertainments, ana 70 pur.
chase, use, hold and distribute amongs'
tho holders OF such tickets personal pro,
perty, real estate. chooses In action anc
other valuable things upon the ACT o.
the Legislature above referred TO.
The facts set forth In the Information
are admitted by respondents to DO true.
Arc the acts OF respondents without war
rant o. iaw ..,
- ,no AGs u .ns nesisis'use' aPpf''e'
March " 1901, tut J.
tiistIis Tue scneme OF u
when the "Nevada Denevoisns Associa
ton Is engaged q iotteryI
This question Is answered In the aihrma
tive by. the decision OF this Court In e.
parfs Blanchard, y New. i0a: Is that do
s.;noa Sn 49, s0o;s;an ,hs, hs. hsay
sanSo.oS ,v 4 ..r;oNs oonr,. n ~,
s. ~ VIZ ou ~ A
on,Nu nsA.os 1pon ~. NJ iussAo.
No'w,snstanainB .lis iss', W. aio IoN
earnestly askeu 70 ueeiAre .nat ,he musica
entertainment whieh the NEVADA benevo
lent Association proposes 70 give Is not !
lottery. why notT what Is q lottery
Every scneme LOT tne distr,outlon Oh PIE
SImshonss Of Now york W., American Az,
Union : N. ". oa0: Dunn Va. The Poo
ple. 40 ills.. 4G7: State Va. shorts. 80 N
+: L.. 40i handle va. State. az Tex.
| 5s5 Cbayannsh va. state. 40 Ala. 400
Commonwealth Va. Manderfleld, 8 Phil.
I59 |: United States w. OIney, / Abb, u
a. 2791
~Iotterv "a . oamo NJ hazard In which
.m.iI srms sra vsntn,oJ tor tho chance nj
oh,.i,ina $3.50 Ill ns Co. 4
SDsaa zoo 'eA''' 'Do" '"e' =
00., vvv H.. A.. -,,..-,,,,,,, =,
..,.e. Lu snSo - .unn AZ,
Ps.ns1 uo ia,an =, ~, up ..,na'
~ ,ha .daan,ns ;nso.,mnn. y. ,S'
fayors of f%ortuno"i IL A lottery, fWooder
vs., Shotwell, 4 Zab,, 1857
uw..... .....,.-. ....,...,,., 4,
"no,G Pe0unisy ,Avon =
pau, ana :. - aahesa W ~. iJso ~, - ~.
s"nI,a " pun se ~ n s.. ~.
p"u.n WA - pay pASs . Sus
10 " na,o ~. i,ol wno.nei NJ 80 ns.
SHpIy.Lss, ~ ~ a,t o'mm,y num
N ~ v No. ss
7, m.Los No d;e.ror.o vh., mama I,
c,ve, m Tho scboma
"~-.
Wmen .ho eieHens OF cnance entels inV
inc distribution Oh prizes ~ 10 iottery
without reference to the name by which !
is called.
"Ho may choose TO call his business
gilt sale,' said the Court In Dunn W.. peo
pie, supra, "put u u none the less . iot
the nensi,ies Of ibe law by 40 t=rsnsparen'
A doyice as A moro change of name. IN 1
differs from ordinary lotteries the differ
enco lies chiefly In the fact that II Is NOR,
artfully contriyed 10 impose upon tho tx
rforant and credulous, and Is, therefore
more thoroughly dishonest and injurious
to society,""
"Tbo name given 10 the process and IN,
form Of the machinery used to accomplish
the object are not material, provided til,
substance OF tho transaction Is q distribu
ton or disposition OF property by lot
state va. Clarke. supra.)
"Courts will NOT inauiro into tho name
but will determine the character Of N,
scheme by The nature of tie TRANSACTION
or business In which the parties arc en-
osceJ IRandlo va. stste. snnral
STbo cbaraeter Of tbo scheme IL In M
v,.o chsncaJ bv tho cbsri,sbie n,rnos,
e,nr.saed IN its titIe. NOR Inv %caliinr Nh,
Jrsw;nes .sntcrts;nment or off CON
c.rts fEI nsrte BIanebard. snnra.J
"Tho fart tbstn No nIan nj distribntio ba,
hoor d-o,arm;ned mon Joes mot %roIieve m,
Il bNSA eES4 >'N. 80