Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-29
SUPREME COURT DECISION.
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On the 18th day Of February. A.. D.
1881, articles Of Incorporates OF ths '"Ne.
ysda Benevolent Association" were dlsd
IN the o6ics Of The County Clerk Of Storey
county. The object Of the corporation
being "to sstahlish and carry on the
business Of providing for and giving pub.
lie entertainmsnts, In the State Of Nevada,
Of 4 musical and scientific character. 70
sell tickets Of admission 10 suoh entertain
mens, and 10 purchase. hold and dis
| tribute among The holdsrs Of such ticksta
psrsonL propsrty, real estste, ohoses IN
action and other valuable things. upon
| suoh tsrms and conditions and IN suoh
manner and st such timss - may b d.
tsrminsd By Board Of Managers 70 Be
seleossd for that parpose hy the Board oi
| Trustees Of this oompany."f IL 10 pro.
yided that 20 much Of the procseds OF said
sussrtainments ''ss may be deamcd proper
by the Board Of Trustees. bat not lee than
$50, ,OOO, from each sentkrtainmsnt. are 70
bs plsoed In the State Treasury OF tns
Htais Of Nevada 10 b used only Tor soch
charitable and bsnevolsnt purposes - may
b determined by the Legislature OF the
Ststs Of Nevada"
The "Aot 10 Aid the Nevada Bsusvolsnt
Association In aiding In providing means
for the care and maintenance Of the In
sane Of Nevada. and for other charitable
purposes's (spprovsd March .. tssD, do
clsrss that '.it shall b lawful Tor the Ne.
vsda Benevolent Association Of the Stats
Of Nevada TO give not exceeding hye public
sntsrtainmsnts or concsrts; 70 ssii TICKETS
Of admission 10 the same; " distrteute
among the holders Of such tioksts personal
d opsrty, real sstats. things In action. do
msnds or other vsluables. and 10 regulate
the distribution Of all suoh property or
Gifts by rsfiie or other schemes Of Ike char.
sctsr." tStat. 1881, l6o, Ssc. ~
The information dlsd By the Attorney.
General alleges that respondsnts. - Trus-
tees Of said association. are. without war
rant Of law. advertising. printing.
circulating and selling tioksts for public
sn tsr rtsinmsnts -" and that they
" b.ss their rights 10 advertise. print. cir.
culats and sslI tickets for the said public
exhibitions or entertainments. and 70 pur.
chase, use, hold and distributs amongst
the holders OF such tickets personal pro-
psrty, real estate. chooses In action and
other valuable things." upon the Act Of
the Legislature above referred 10. ..
The fscts set forth in the information
are admitted by respondents 70 be true.
Are the acts Of respondents without war
rant Of lawf
Il the Act Of the Legislature. approved
March Q, 1881, constitutionLf
Fint-Is the scheme or enterprise In
which the "Nsvada Bensvolsnt AssociA'
ton" 10 engaged . lattsry2
This question 10 answered In the amrma-
tive BY the decision Of this Court In s<
parts blanchard. 8 New, l0l. II thai do
cision correctf II certainly ID. IL u sus'
t.irsd BY every decision that has been
rendered By the various courts In the
United States upon this question.
Notwithstanding this fsot. We are now
earnestly asked to declare that the musical
entertainment which the Nevada bsnevo-
lsns Association proposes 70 give u not :
lottery. Why not? What 10 lottery .
Every scheme for the distribution OF prizes
by chance u lottery. tGovsrnor'sof the
Almshouss Of New York ". American Art
Union. z N. ". 2ss; Dunn ~. The Peo.
pie. ~ Ills. ACT State ~. shorts, ~ N.
j.; L.. l0l; handle ". stats. ~ TsI..
os3 ChavannAh W. etats, - Ala. Ss6
Commonwsalth 70. Manderfsld. Phil,
4ss; Unissd Statss ". oinsy. l Abb, U.
b., 27s.)
4 lottery Il game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. Bell ". State, b
Snssd.. 60s.l
"a contrivancs for the distribution Of
prizes By chance . reliance upon the
results Of hazard /, . decision Of the values
Of the adventurer's investment Of the
favors OF fortune" IL . lottery. (wcodsn
W. shotweli, Z Zab.. 1851
"whsrs Q pecunisry confederation IL
paid. and Il 10 determined By lot or chance.
according 10 some scheme held out 70 the
public what the party who pays the money
IL TO have for 10. or whsthsr be 10 10 have
anything, IL IL Q lottery" (State W.
Clarke. IS N. a.. SIS; Hull ". Rugsles.
Sc N. Y, ALL -
Il makes no difference what name IL
given TO the scheme.
A rose BY any other name would smsll ssswsst;
thVrn By any other name would priok - deep.
When the element Of chance enters into
the distribution Of prizes IL 10 . lottery.
without reference 70 the name BY which II
10 called.
"Hs may choose 70 call his business .
gift sale" said the Court In Dunn W. Poo
pie, supra, "but 10 u none the lees lot
tsry. and ws cannot permit him TO svsde
the penalties Of the Law BY 20 Transparent
Q device q mere change Of name. II IL
differs from ordinary lottsries the dinsr-
encs lies chiefly In the fsot that 10 n more
artfully contrivsd to impose upon the ig'
norant and crsdulous. and 10. therefore,
more thoroughly dishonsss and injurious
10 society,""
"Ths name given TO the process and the
form Of the machinery used 70 accomplish
the object are not material. provided the
substance Of the transaction II distribu.
tion or disposition Of property BY lot"
Estate ". Clarke. suprs-)
Courts wall not inquire into the nsms'
but will dst<rmine the character OF the
schems By the nature Of the Transaction
or buainess In which the parties are en-.
gagged" (Rsndls W. State, supra.)
"Ths character Of the scheme 70 In no
wise changed BY the charitable purpose
expressed In its title, nor BY calling the
drawings entertainments or gift con.
oerts.'" (Ex parts Blanchard. supra.)
| "The fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of its character - lottery"
| Thomas ". People. 50 Ills. 1881
| "Nor 10 IL mAtsrial." said the Court Of
Appeals 10 the American Art Union case,
go the question In hand that the prizes
we're not known and designated when the
tickets or chances were subscribed and
paid for. The scheme In this respect ID
more Objectionable than scheme In which
the prizes are prsviously hxed. bscauss Il
i aiYurds les security 10 the subscribers thai
the chance porohassd is worth the money
psid for it."
We are Of opinion that the facts stated
| In the articles Of incorporation. In ths
statutes, and In the information. show tha,
| the scheme 10 one whsrsby the Lsgislstars
Of this stats, In confederation Of The Sun
| Of S23O, 900. 70 bs placed In the stas.
| Tressury, 70 the credit Of the '.Inssns ant
Chsrinbis Fund" sttsmpted 70 aushoriz'
~. ,,.u.->rs of ths 90 NsvndA 6ouevoleu