Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-15
SUPREME COURT DECISION.
The Lottery seheue Of she Ne.
vada 8ss-veiess Assesissies De-
Glazed Uncssssisasteaai.
luSAsrxocs oPrSIoy.l

eis.sd Usessssisasssasi.
lUSASrxors oPrSIoS.l
On the 18th day OF February. A. D.
1881, articles Of incorporation Of the "Ne-
y.ds Benevolent Association" we're dled
In the ofice OF the County Clerk Of Storey
county. The object Of the corporation
being "to establish 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
cell 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 ~ may DO de.
termined by Board Of Managers to be
selected for that purpose by the Board OF
Trustees Of this company" II 10 pro.
vided that 90 much Of the proceeds Of said
entertainments ''ss may be deemed proper
by the Board OF Trustees, but not less than
$50. .OOO, from each entertainment. are to
be placed In the Stats Treasury OF the
StaIs Of Nevada TO be used only for such
charitable and benevolent purposes ss may
be determined BY tho Legislature OF tho
State Of Nevada"
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.
vadA Benevolent Association of the State
Of Nevada 10 give not exceeding dve public
entertainments or concerts; to sell tickets
Of admission to the same; " distribute
among the holders Of such tickets personal
property. real estate. things In action. de-
msnds or other valuables. and to regulate
the distribution Of all such property or
gifts by rattle or other schemes Of like char
uct-r." (Sut. 1851, l66, Sec. H.
The information filed by the Attorney
General alleges that respondents, a. Trus-
tees Of said association. arc. without war.
rant Of law. advertising. printing,
circulating and selling tickets for public
entertainments o" aud that they
&" base their rights to advertise. print. cir
culate and sell tickets for the said public
exhibitions or entertained 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 to.
The facts set forth In the information
are admitted by respondents to be true.
Are the acts Of respondents without war
rant Of lawi i,
Is the Act Of the Legislature. approved
March 9, 1881, constitutionalf
First--Is tho scheme or enterprise In
which the "NevadA Benevolent Associa-
tion" IL engaged . lottsryf
This question is answered In the afdrma-
tive BY the decision Of this Court In ex
parts Blanchard. . New. l04. Is that de-
cision correctp 1t certainly 10. II 10 sus-
tzired 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 Is not
lottery. Why notf What Is . lottery 2
Every scheme for the distribution OF prizes
by chance 10 . lottery. lGovernor'sof VI the
Almshouse Of New York W. American Art
Union. z n. ". 239; Dunn 70. The Peo.
pie. AZ Ills. 467; State W. Shorts. 80 n.
j.; l., A0l Randle vs.. State, ~ Tex,
5s5 Chavannah vs.. State. 49 Ala. S96 ;
W. MAnderheld. = Phil,
i59; United States ". Oln-y. Abb, U.
b., 279.)
A lottery is . game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL W. State, 8
sneed.. 50s.l /.
"a contrivancs for the distribution OF
prizes by chance; . reliance upon the
results Of hazard . decision OF the values
Of the sdventursr's investment OF the
fsvors OF fortune" is . lottery. (WGoden
W. shotwell, 4 Zsb.. 1857
"whsre Q pecuniary consideration 10
paid, and IL 10 determined BY lot or chance.
according TO some scheme held out TO the
public what the party who pays the money
10 to have for IL. or whether he 10 to have
1t 10 . lottery" (stats VS..
Clarke. Ss N. H.. s3o; Hull vs. Ruggies,
SO n. Y, 427.)
II makes no difference what name II
given 10 the scheme.
A rose BY any other name would smell ssswes';
A thorn BY any other name would prick as deep.
When the element Of chance enters into
the distribution OF prizes IL 10 . lottery.
without reference 10 the name by which II
IL called.
"Hs may choose 70 call his business
gift sale," said the Court in Dunn W. PSo-
ple, supra, "but 10 10 none the less . lot.
terry, aud wo cannot permit him to evade
the penalties Of tho law by 30 transparent
q device - Q mere change Of name. II u
differs from ordinary lotteries the differ.
encs lies chiefly In the fact that II 10 more
artfully contrived to impose upon the ig-
uorsnt and crsdulous, and 10, therefore.
more thoroughly dishonest and injurious
TO society"
"Ths name given 70 the process and the
form Of the machinery used to accomplish
the object are not material. PROVIDED the
substance Of the transaction 10 distriou.
tion or disposition Of property BY lot.
(stats 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 en-.
gagged" tRsndIs vs.. State. supra.)
"The character Of the scheme 10 In no
wise changed BY the charitable purpose
expressed in Its title. nor by calling the
entertainments or gift con-
certs.'" (Ex parte blanchard, supra
"The fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of Its character a. lottery
Thomas vs.. People. SO Ills. 1881
"Nor 10 IL material" said the Court Of
Appeals In the American Art Union case.
Ito 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 10
more Objectionable than scheme In which
the prizes are previously fxed. because It
Affords less security to the subscribers that
the chance purchased is worth the money
paid for It," -.
We are Of opinion that the facts stated
in the articles Of incorporation. In the
statutes, and In the information, show that
the schems 10 one whereby the Legislature
Of this State, In consideration Of the sum
Of $3.50 900, to be placed In the State
Treasury, 70 the credit Of the Insane and
Charitable Fund.-" attempted to authorize
the managers Of the "Nevada Benevolent
Associstion " 70 enrich their own pockets.
At the expense Of the people Of this and
other States. by holding out promises OF