Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-30
SUPREME COURT DECISION.
UNANIMOUS oprN1ox.l

1881, articles Of incorporation Of tho ''Ne-
vsda Benevolent Association" were fled
In the Office OF tho County Clerk Of Storey
county. The object Of the corporation
being "to establish and carry IN tho
business Of providing for and giving pub
lie entertainments, in tho State OF Nevada,
Of musical and scientific character, to
sell 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 as may BIO dc.
tormined by . Board Of Managers to DO
selected for that purpose by tho Board OF
Trustees OF this company" 1t Is pro.
vided that so much Of tho proceeds OF said
entertainments 'as may DO deemed proper
by the Board Of Trustees, but not less than
$4,000, from each entertainment, arc TO
be placed In the State Treasury OF the
State Of Nevada TO DO used only for such
charitable and benevolent purposes a. may
be determined by the Legislature Of the
State Of Nevada"
The "Act Il 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, 1881, de-
clares that ''it shall be lawful for the Ne.
vada Benevolent Association OF the State
Of Nevada to give not exceeding Ave public
entertainments or concerts; to sell tickets
Of admission to the same ; to 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
gifts by rattle or other schemes Of like char.
acter." tStat. 1881, 166, Bee. ~
The information filed by the Attorney
General alleges that respondents, 90 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 to advertise, print, cir.
culste 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 tho 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 law2
Is the Act OF the Legislature, approved
March 0, 1881, constitutional2
First-Is the scheme or enterprise In
which the Nevada Benevolent Associa.
tion" Is engaged q lottery2
This question 10 answered In the afirma.
tive.by the decision Of this Court In or
parts blanchard, 0 New, l0i. Is that dc.
cision corrcct2 It certainly Is. It Is sus.
taired by every decision that has been
rendered by the various courts In tho
United States upon this question.
Notwithstanding this fact, We are now
earnestly asked to declare that the musical
entertainment which the Nevada Benevo-
lent Association proposes TO give Is not q
lottery. Why notf What Is . lottery 7
Every scheme for tho distribution Of prizes
by chance Is . lottery. Governors Of tho
Almshouse Of New York vs.. American Art
Union, 2 N. ", 239; Dunn VI. Tho PEG.
pie, ~ Ills, 467; State vs.. Shorts, 80 N.
j.; L., 40l /; handle w. State, "A Tex.
685 ; Chavannah w. State, 40 Ala. 800
Commonwealth vs.. Manderield, 8 Phil,
459 United States vs.. Olney, l Abb, U.
g., 279.)
A lottery Is Q game Of hazard In which
small sums arc ventured for the chance OF
obtaining greater. BELL vs.. State, 8
Sneed., 509.l
"a continuance for the distribution OF
prizes by chance I; . reliance upon the
results Of hazard ; . decision Of the values
Of tho adventurer's investment Of the
favors OF fortune" Is q lottery. Wooden
vs.. Shotwell, 4 Zab., 1851
"Where . pecunisry consideration Is
paid, and Il 10 determined by lot or chance,
according to some scheme held out to the
public what tho party who pays the money
IL to have for 1t. or whether lie 10 10 have
anything, IL is . lottery" (Stato VI.
Clarke. 50 N. H., 1856 ; Hull VS.. Ruggles,
81 N. Y, 427.) ***** =
1t makes NO difference what name Is
given to the scheme.
When the element OF chance enters into
the distribution Of prizes 1t Is q lottery.
without reference TO tho namo by which II
10 called.
"Ho may choose to call his business q
gift SALE" said the Court In Dunn vs.. PEG.
ple, supra, "but II 10 none the less Q lot.
terry, and we cannot permit him to ovade
the penalties Of tho law by SO transparent
Q device rs o nero change Of name. II II
differs from ordinary lotteries the differ
ence lies chiefly In the fact that II Is more
artfully contrived TO impose upon the ig.
norant and credulous, and is, therefore,
more thoroughly dishonest and injurious
to society"
"The name given 10 the process and the
form OF the machinery used to accomplish
the object are not material, provided the
substance Of the transaction IL o distribu.
tion or disposition Of property by lot"
Estate vs.. Clarke. supra.)
Courts will not inquire into tho name,
but will determine tho character Of the
scheme by tho nature Of tho transaction
or business In which tho parties are en-.
gagged" (Randle vs.. State. supra.)
"The character Of the scheme is In no
wise changed by the charitable purpose
expressed in Its title, nor by calling tho
drawings entertainments or gift con.
certs.'" (Ex parte Blanchard, supra.)
"Thc fact that no plan OF distribution has
boon determined upon does not relieve the
scheme OF It's character a. Q lottery"
Thomas vs.. People. 90 Ills, 1881
"Nor 10 Il MATERIAL" said the Court OF
Appeals In the American Art Union case,
"to 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 Is
more Objectionable than . scheme In which
the prizes are previously fixed, because Il
affords less security to the subscribers that
tho chance purchased is worth tho money
psid for It,"
We arc Of opinion that tho facts stated
In tho articles Of incorporation, In tho
statutes, and In the information, show that
tho scheme Is one whereby the Legislature
Of this State, In consideration Of tho sum
Of $780, 900, 10 be placed In the State
Treasury. to the credit OF the "Insano and
Charitable Fund.-" attempted to authorize
the managers Of the "Nevada Benevolent
Association " to enrich their own pockets.
at tho expense Of the people OF this and
other States, by holding out promises OF
tho great and sudden gains that might DO
acquired by tho ticket holders; that
golden prizes would DO "tho lure to In
cite the credulous and unsuspecting into