Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-20
SUPREME COURT DECISION.
me Lottery sshsss sf the Ne
vada osaevelsas Assssissiea D.
slsssd Unossssisasiessl.
IuxAxxors oprNIoN.l

bsine "to sstahliah and carry on the
business Of providing for and giving pub
Lie entertainments, In the State Of Nevada.
Of q musical and scientific character. TO
all tickets Of admission 10 such entsrtain.
msnts, and TO purchase. hold and dis.
tribute among the holders Of such tickets
personL property, real estate, chooses In
action and other valuable things. upon
such terms and conditions and In such
manner and at such times - may bs do.
tsrmined By Board Of Managers TO be
selected for that purpose By the Board OF
Trustsss Of this company" II II pro.
vided that 20 much Of the proceeds Of ssid
entertainments So may bs deemed proper
by the Board Of Trustees, bat not less than
$50. 900. from each entertainment, are 70
bs placed In the Stats Treasury OF the
State Of Nevada 70 be used only for such
charitable and benevolent purposes ~ may
b dstsrmined By the Legislature OF the
State Of Nevada"
Tho "Act 70 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 .. 1881 de-
clares that .it shall bs lawful for the Ne.
yada Benevolent Association Of the State
Of Nevada to give NOT exceeding Ave public
entertainments or concerts; 70 sell tickets
Of admission 10 the same - 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
aAts By rsffie or other schemes Of like char
scter." (Stat. 1881. l66, Sec. ~
The information flsd 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
" base their rights 10 advertise, print. cir.
eulste and sell tickets for the said public
exhibitions or entertainments. and to 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
the Legislature above referred 70.
The facts set forth In the Information
are admitted by respondents to be true.
Are the acts Of respondents without war
rant Of lawf
Il the Act Of the Legislature. approved
March 9. 1881, constitutionalf
First-Is the scheme or enterprise In
which the "Nevada Benevolent Associa.
ton" IL engaged lotteryf
This question 10 answered In the aftirma-
tive by the decision OF this Court In sr
ports Blanchard. 9 Nev.,. l04. Is that de-
cision eorrset1 It certainly 10. 1t IL sus.
taired BY every decision 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
entertainment which the Nevada Benevo-
lent Association proposes 70 give II not
lottery. Why not2 What II lotteryf
Every scheme for the distribution ofprixss
BY chance II Q Lottery. Governors OF the
Almshouss Of New York ". American Art
Union. z N. Y... 239; Dunn W. The Peo-
pie, 20 Ills, 467 State ". Shorts, 81 N.
J.; L.. 40l Randls W. etats. A Tax.
6Ss Chavannah W. State, 40 Ala. 396
Commonwealth W. Nandsrfeld. 8 Phil,
A5s; United States ". 0lney, Abb, U.
g., 27s.)
A lottery IL . game Of hazard In which
small sums are ventursd for the chance Of
obtaining greater. tBsl ". state' .
snesd.. 609.)
"a contrivancs for the distribution Of
prizss BY chance . reliance upon the
results Of hazard . decision Of the values
Of the advsnturer's investment OF the
favors OF fortune" is lottery. wooden
W. shotwell, Z Zab., 1857
"whers pecunisry confederation 10
paid, and Il IL determined BY lot or chance.
according 70 some scheme held out 10 the
public what the party who pays the money
10 to have for IL, or whether he 10 10 have
anything. IL 10 . lottery" (State W.
Clarke. 50 N. H., SIS; Hull ~. Ruggles.
50 N. Y, I27.) -
Il makes no difference what name 10
given to the scheme.
4 thorn 6y any other nams wolld prick - deep.
When the element Of chance enters into
tho distribution OF prixes IL 10 lottery.
without reference 10 the name BY which 1t
10 called.
"Ho NAV choose 10 call his business .
gift sale," said the Court In Dunn ". Pso.
Die, supra, "but 10 10 none the less lot
tsry, and We cannot permit him to evade
the penalties Of the law by % transparent
Q device q mere change Of name. II 1t
differs from ordinary lotteries the differ
ence lies chiefly In the fact that II II more
artfully eontrived 10 impose upon the ig.
norant and credulous. and 10, therefore,
more thoroughly dishonest and injurious
TO society"
"The name given to the process and the
form Of the machinery used to accomplish
the object are not material. provided the
substance Of the transaction II distribu.
tion or disposition Of property BY lot"
tstate W. Clarke. supra.l
Courts will not inquire into the name,
but will determine the character OF the
scheme BY the nature OF tho transaction
or business In which the parties are en-.
gagged" (Rsndls W. State. suprs.)
"The character Of the scheme II In no
wise changed BY the charitable purpose
expressed In it, title. nor BY calling the
drawings entertainments or gift con-
certs.'" (Ex parts Blanchard. suprs.)
"The fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of its character - lottery.
(Thomas W. People. 50 Ills. 1881
"Nor 10 10 material" said the Court OF
Appeals 10 the American Art Union case.
"ts 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 ID
moro objectionable than sehsme In which
the prizes are prsviously hxsd. bscause u
sfYords less security 10 the subscribers thai
ths chance purshassd IL worth the money
paid for IT,"
In the articles Of incorporation, In the
statutes, and In the information. show thai
ths scheme ID one whereby the Legislature
of this Stats, In confederation Of the sum
Of S2s0, 600, 70 be placed In the Stat:
Tressury, 70 the credit OF the " Insane and
Charitable Fund" attempted 70 aushoris.
ths managers Of the Nevada Bsnsvolen'
Issocistion I" 70 enrich their own pockets
N The expense Of the people OF this ane
Other States, BY holding out promises o.
| The great and sudden gains that might oe
acquired BY the ticket holders Una
golden prizes would Be "ths lure 70 IN
cite the crsdulous and unsuspsstins in@
this scheme"
In ths light Of all the faets that have
been presented 10 would b absurd 70 Say
that the nanagsrs Of this schsms are aim
II IL y l@~.zs =