Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-18
SUPREME COURT DECISION.
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UNANIMOUS oPrfoN.
On the 18th day Of February. A. D.
1881, articles Of incorporation Of the "hs.
ysda Bsusvolsnt Association" were hlsd
IN ths ofios OF The County Clark Of Storey
county. Ths object Of the oorporatioO
bsiue "to establish and carry on III
business Of providing for end giving pub
lio sntsrtainmsns. In the stass of Nevada,
Of a musical and scisntido character. "a
ssll tieksn Of sdmission 70 sach sntsrtain'
menh, and 70 purchase. hold and dis
tribute among the holders OF suoh tioketi
psrsonA property, real estAte, ehoees In
sotion and other valuable things. upon
such terms and conditions and In such
manner and at such times - nay b do
tsrmined By Board Of Aanagera 70 %
selected for that parposs BY ths Board Of
Trustees Of this COMPANY. ~ pre.
vided that 20 much Of the prooseds Of said
sutsrtainmsnts "as may b dsemed proPsr
by the Board Of Trustees. butn leas thsn
Ss0. 900, from eaoh entertainmsnt are 70
b. placed In The atats Tfsasury OF the
sta;s Of Nevada 70 hs rssd oaly for such
skaxitahls and bsnsyolsht purposes - may
b dsssrmined By ths Lsgisla'urs OF The
State Of Nevada"
The .Aet 70 Aid the Nevada Benevolent
Associstion In aiding In providing means
for the care and maintenance Of The In.
ssne Of Nevada, and for other charitable
purposss" approved harch 8. lssp, do
clare that "it shsll bs lawful for the Ne.
yada Bsnsvolsnt Association Of the State
Of Nevada 70 give not sxcssding ave publio
entertainments or conoerts; 70 sell tickets
of admission to the same ~ distribute
smong the holders Of such tickets personal
property, real estate. things In action. do
mands or other valuables. and 70 regulate
the distribution Of all such property or
gifts BY rafis or other schemes Of like char
sotsr." tHtat. 1881. l66, Soo. ~
The information fled By the Attornsy-
General alleges that respondsots, - Trus-
toes Of said association. arc. without war.
rant Of law. advertising. printing.
circulating and selling tickets for public
sntsrtainments 80 and that They
/" base tbsir rights 10 advertise. print. orr
eulate and sell tickets for the said public
exhibitions or entertainments. and 70 pur.
chase, uss, hold and distxtbuts amongst
the holders Of such tickets personal pro.
perty, real sstate. chooses In action and
other valuable things." upon the ACT Of
the Legislature above referred 70.
The faots set forth 10 the information
are admitted BY respondents 70 be true.
Are the acts Of respondents without war.
rant Of law1
Il the Act Of the Legislature. approved
March o. 1881, constitutionAf
Rint-Is the scheme or enterprise In
which the "Nsvada Benevolent Assoota.
uon" II engaged lottsryf
This question u answered In the afhrms-
tive By the decision Of this Court In sx
parts Blanchard. 8 New, l04. 10 that de-
cision oorrscsf II certainly II. IL IL sus'
taired BY every decision that has been
rendered By the various courts In the
United States upon this question.
Notwithstanding this fact. No are now
earnestly asked 10 declare that the musical
entertainment which the Nevada Bsnsvo-
lsnt Association proposes 70 give u not
lotssry. Why notp What 10 . lottsry 2
Every scheme for the distribution Of prizes
BY chance is . Lottery. tGovsrnor's Of the
Almshouss Of New York ~. American Art
Union. z N. r.. 2ss; Dunn ". The Pso-
pie, ~ Ills. x67 Stats ~. Shorts, a2 N.
j.; L., 40l handle W. 6tats, ~ Tex,
oSs Chavannah W. State, - Ala. 500
Commonwealth W. Msndsrhsld. 8 Phil,
A5s United states ~. olnsy. Abb, q.
s., 27s.)
A lottery is game Of hazard In which
small sums are ventursd for the chance Of
obtaining greater. tBsll ~. stats, D
snsed., 609.)
"a oontrivancs for the distribution Of
prises By chance reliance upon the
results Of hazard decision Of the values
Of the sdventursr's investment Of ths
iavors OF fortune" II . lottery. (Weodsn
". shotwsll. Z Zab.. 1867
"where . pecuniary consideration 10
paid. and II d determined By lot or chance.
according 70 some scheme hsld ont 70 the
public what the party who pays the money
u 70 have for 10. or whether he 10 to have
anything. IL IL . lottery" (stats ".
Clarke. IS N. H., SIS; Hull ". Rugslss.
50 N. T., ALL
Il makes no difference what name II
given 10 the scheme.
A rose By any other name would smsll ssswsst;
= thorn by any other name woald prick - dssp.
When the element Of chance sntsrs into
the distribution Of prizes IL 70 . lottery.
without reference 70 the name BY which II
IL called.
"Hs may choose 70 call his business .
Gift sale" said the Court In Dunn ~. Poo
Ole, supra, "but 10 10 none the less lot.
isry, and We cannot permit him to svade
the penalties Of the Law BY % transparent
Q device q mere change OF nsms. II II
difIsrs from ordinary lotteries the diner.
sncs lies chiefly In the fact that IL IL more
artfully eontrived to impose upon the ig'
norant and crsdulous. and 10, therefore,
moro thoroughly dishonest and injurious
70 society"
"Ths name given 70 the process and the
form Of the machinery used 10 accomplish
the object are not material. provided the
substance Of the transaction II distribu.
tion or disposition Of property BY lot"
tstats W. Clarks. supra)
"Courts will not inquire into the nsme,
but will Determine the character OF the
scheme by tho nature Of the Transaction
or business In which the parties are en-.
gagged" (Randls W. State. supra.)
The character Of the scheme ID In no
wise changed By the charitable purpose
expressed In IT. title. nor BY calling the
drawings entertainments or gift con-
osrts.'" (Ex parts Blanchard. suOra-)
"The fact that no plan Of distribution has
bean determined upon doss not relieve the
scheme Of in character - Q lottery"
Thomas 70. People. 50 Ills, 1881
"Nor 10 IL ma.erial." said the Court oi
Appeals in the American Art Union case,
"to the question In hand that the prizes
we're not known and designated when thu
tickets 6f chances we're subscribed and
paid for. The scheme In this respect 4
moro Objectionable than scheme In which
the prizes arc prsviously hxed. because Il
adords less security 70 the subscribers tha
the chance purchased 10 worth the money
paid for L."
We are Of opinion that the facts statst
In the articles Of incorporation. In th'
statutes, and In the information. show tha
The scheme II one whsrsby the Lsgislatur'
Of this sssts, In oonsidsrstion Of the sun
Of S2s0, 900. 70 bs placed In the 6tat.
Trsssury, 70 the credit Of tho Z" Insane ant
Charitabis Fund. !" atssmpted 70 sushoris'
the managers Of the " Nevada Benevolen
a-.,.i. -, N enrich THAR own pockot1