Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-18
SUPREME COURT DECISION.
The Lottery sshsas sS che Ne.
vada oss-vsisss Assssissisa Do.
esssed Unsosssisasieaal.
(uxAxrxous ospnox.l

UNANIMOUS oeESfoN.
On the 18Th day OF February, 4. D.
issi. articles Of incorporation Of The "Ns.
vsds Benevolent Association" were alsd
IN The onos Of ths County Clark Of etorsy
county. The object Of the corporation
being "to establish and carry % the
business Of providing for and giving pub
lic sptsrtainmsnts. In ths ssats Of Nevada.
Of q musical and scientific character. to
ssll tickets Of admission 10 such entsrtain.
ments, and 70 purchase. hold and dis
tribute among the holders Of such uckets
personal property, real estate. chooses In
sotion and other valuable things. upon
such terms and conditions and IN suoh
manner and at sueh umee - may b ds-
tsrmined BY Board Of Managers 70 b
selected for that purpose By the Board Of
Trustees Of this company" II 10 pro.
vided that % much Of che procseds OF said
sntertainments "as may be 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
StaIs Of Nevada 70 be used only for such
charitable and benevolent purposes - may
Be determined By tho Legislature OF the
State Of Nevada"
The "Act 70 Aid the Nevada Benevolent
Association In aiding In providing means
for the care and maintenance Of the In
sane Of Nevada. and Tor other charitable
purpose (spproved March 8. 1881. do
clares that '.it shall b~ lawful for the Ne.
yada Benevolent Association Of the State
Of Nevada to give not exceeding dvs public
entertainments or concerts; 10 sail tickets
Of admission 70 the same ~ distribute
among the holders Of such tickets personal
property, real estate. things In action. de-
mands or other valuables. and 70 regulate
the distribution Of all such property or
giits BY rafiie or other schemes Of like char
sctsr." (Stat. 1881, i66, SEQ. ~
The information fled BY the Attorney.
General alleges that respondents. ~ Trus-
tees Of said association. are, without war.
rent Of Law. advertising. printing.
circulating and selling tickets for public
entertain msnts . o" and that they
/" base their rights TO advertise. print. cir.
culsts and cell tickets for the said public
exhibitions or entertainments, and 10 pur.
chase, uss, hold and distribute amongst
the holders Of such tickets personal pro.
perty. real tstate. chooses In action and
other valuable things." upon the Act OF
the Legislature above referred to.
The facts set forth In the information
are admitted BY respondents 70 be true.
Are the acts Of respondents without war
rant Of law2
Il the Act Of the Legislature. approved
March Q. 1881. constitutional
First-Is the scheme or enterprise 10
which the "NsvsdA Benevolent Associa-
ton i" 10 engaged lottsryf
This question Il answered In the afirmi-
tive BY the decision Of this Court In sr
parts Blanchard. Q New, l0t. II that de-
cision corrsctf It certainly 10. II 10 sus.
tairsd BY every decision that has been
rendered BY the various courts In the
United States upon this question.
Notwithstanding this fact. Ne are now
earnestly asked to declare that the musical
entertainment which the Nevada Benevo-
lent Association proposes 70 give 10 not Q
lottery. Why not3 What 10 . lottery ?
Every scheme for the distribution OF prizes
By chance 10 . Lottery. Governors Of the
Almshouss Of New York W. American Art
Union. z N. ". 2s9; Dunn W. The Peo-
pie. 20 Ills. 467 Stats W. Shorts. 50 N.
j.; L.. 40l; Randle ". State. "a Tex,
SIS Chavannah W. State, 20 Ala. S96
Commonwealth W. Mandsrheld. 8 Phil.
4ss: United States W. olnsy. Abb, U.
g.. 27s.)
A lottery IL . game Of hazard In which
small sums are vsntured for the chance OF
obtaining greater. BELL ". State. D
sneed.. 609.I
"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" 10 . lottery. wooden
W. shotwell, Z Zab.. 1857
"Where . pecuniary confederation 10
paid. and IL In determined BY lot or chance.
according 10 soms scheme held ont to the
public what the party who pays the money
10 10 have for IL. or whether be 10 10 have
anything. IL 10 . lottery" Estate ".
Clarke. IS N. r.. ss5 Hull W. Rugsles.
SO N. Y, ALL
Il makes no difference what name 10
given to the scheme.
4 thorn By any other nams woald prick q deep.
When the element Of chance enters into
the distribution Of prizes Il 10 lottery.
without reference 70 the name BY which 1t
10 called.
"He may choose to call his business .
Rift SALE" said the Court In Dunn W. Pao.
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 ~ mere change Of name. II IL
differs from ordinary lotteries the diner-
ence lies chiefly In the fact that IL II more
artfuily eontrived to impose upon the ig-
uorant and credulous, and 10. therefore,
more thoroughly dishonest and injurious
to society,""
"The name given 10 the process and the
form Of the machinery used 10 accomplish
the object arc not material. provided the
substance Of the Transaction Ii distribu.
ton or disposition Of property BY lot"
tState W. Clarke. supra.)
Courts will not inquire into the name,
but will determine the character Of tho
scheme By the nature Of the transaction
or business in which the parties are en-
gsged." (Randle W. State, supra0
" The character Of the scheme II in NO
wise changed BY the charitable purpose
expressed in its title. nor BY calling the
drawings entertainments or gtft con.
eerts.'" (Ex psrts blanchard. supra.
"The fact tbstno plan Of distribution has
been determined upon does not relieve the
scheme Of Its character - lottery"
Thomas 70. People. 50 Ills. 1881
"Nor 10 II material" said the Court OF
Appeals 10 the American Art Union case.
"tO the qusstion 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 10
more Questionable than scheme In which
the prizes arc prsviously hxed. because II
afords less security 70 the subscribers that
the chance Purchassd is worth the money
paid for It,"
We are Of opinion that the facts stated
In the articles of incorporation. In the
ststutes, and In the information. show that
the scheme IL one whereby the Lesislature
Of this Stats. In confederation OF the sum
Of S2s0, 900. 70 b plsced In the State
Treasury, 70 the credit Of the "lnsans and
Charitable Fund.-" attempted 70 authorize
the managers Of the " Nevada Benevolent
Association 70 enrich their own pockets.
at the expense Of the people OF this and
other States. BY holding ont promises OF
the great and sudden gains that might b.
acquired BY the ticket holders; tnat
..il.- x~s.ss .on1d ~ 80 thu luro 70 In