Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-03
SUPREME COURT DECISION.
The Lottery scheme % she Ne
vada 8ss-vslsss Asssesssase DE-
slsrsd Unes esassisastsaal.
IusAsIxors oprxIox.l

vadA 3eaevoleoe Anoootosaoo Do
slsssd Unessssisastsaai.
UNANIMOUS OPINION.
On the 18th day OF February. A. D.
1881, articles Of incorporation Of the "Ne.
ysds Benevolent Association" were dlsd
In the ofics 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 entertainmsnts. In the State Of Nevada,
Of musical and scientific character. to
ali tickets Of admission 10 such entsrtain.
menu, 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 be de-
tsrmined By Board Of Managers to be
selected for that purpose By tho Board OF
/ Trustees Of this company" II II pro.
/ yided that 10 much Of the prooeeds OF said
| entertain ments "ss may be deemed proper
i by the Board Of Trustees, but not less than
/ S50. 600. from each sntkrtsinment, are 70
/ bs placed In the State Treasury OF the
Stats Of Nevada to be used only for such
charitable and benevolent purposes a. may
be determined BY the Lssislasurs OF the
State Of Nevada"
The "Act TO Aid the Nevada Benevolent
Association In aiding In providing means
/ for tho care and maintenance OF the In.
sane Of Nevada. and for other charitable
| purposes' approved March 9. 1881, de-
| clares that :.it shall be lawful for the Ne
| yada Benevolent Association OF the State
| of Nevada to give not exceeding i've public
| entertainments or concerts; to sell tickets
| Of admission TO the same ~ distribute
among tho 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 ruffie or other schemes Of like char.
| acter." (Stat. 1881, t66, Sec. IL
The information filed by the Attorney
General alleges that respondsnts, ~ Trus-
tees Of said association. arc. without war
rant Of law. advertising. printing.
circulating and selling tickets for public
entertainments . - -" and that they
:. base their rights to advertise. print. cir
sulats and sell tickets for the said public
exhibitions or entertainments. and " pur.
chase. use, hold and distribute amongst
the holders Of such tickets personal pro-
perty, real tstate. chooses In action and
other valuable thinga," upon the Act of
the Legislature above referred to.
Tho facts set forth in the Information
are admitted by respondents y DO true.
Are the acts Of respondents without war
rant Of law2
Il the Act Of the Legislature, approved
March 9, 1881, constitutionalf
First-Is the scheme or enterprise IN
which the "NevadA Benevolent Associa.
ton" 10 engaged . lotteryf
This question 10 answered In the afdrms-
| tive by the decision Of this Court In sr
parte Blanchard. 0 New, i0i. 10 that de-
cision correct? II certainly 10. 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, We are now
earnestly asked to declare that the musical
| entertainment which the Nevada Bensvo-
lent Association proposes TO give 10 not
lottery. Why not2 What 10 . lottery :
Every scheme for the distribution Of prizes
by chance 10 Q lottery. (Governor'so Of the
Almshouss Of New York W. American Art
Union. z N. Y. 239; Dunn ~. The Peo-
pie, ~ Ills., 467 /; State W. Shorts. 81 N.
j.; L., 4Oi Randle W. State, a. Tex,
| SIS; Chavannah W.. State. 49 Ala. 896 !;
Commonwealth W. MAndsrheld. Phil,
I59; United states ". Olney, l Abb, U.
s.. 279.)
A lottery 10 game Of hazard In which
small sums are vsntured for the chance Of
obtaining greater. tBsll vs.. State D
Sneed., 609.l
"a contrivancs for the distribution OF
price BY chance . reliance upon the
results Of hazard . decision Of the values
Of the adventurer's investment OF the
favors OF fortune" 10 . lottery. (wooden
| W. Shotwsll, 4 Zsb., 1851
"where Q pecuniary confederation 10
paid, and 10 IL determined by lot or chance.
according to soms scheme held out to the
public what the party who psss the money
is to have for 1t. or whether hs 10 to have
anything, IL 10 . lottery" (State vs..
Clarke. IS N. H., Sss; Hull vs.. Ruggles.
So n. Y, 427.) .
Il makes NO difference what name ID
given to the scheme.
A rose By any other name would smell ssswsst;
thorn By any other name would prick - deep
When the element Of chance enters into
the distribution Of prizes 10 10 . lottery.
without reference to the name BY which II
10 called.
"He may choose TO call his business q
Eii, sale" said the Court In Dunn W.. Peo.
ple, supra, "but 10 10 none the less lot
tery, and We cannot permit him to evade
the penalties Of the law BY 20 transparent
. device - mere change OF name. II II
differs from ordinary lotteries the dinsr'
ence lies chiefly In the fact that u 10 more
artfully contrived to impose upon the ig'
norant and credulous. and 10. therefore,
more thoroughly dishonest and injurious
to society"
"The name given to the process and the
form Of the machinery used to accomplish
the object are not material, provided the
substance Of the transaction IL . distribu
tiou or disposition Of property BY lot"
Estate ". Clarke. supra.)
Courts will not inquire into the name
but will determine the character OF the
scher,e by the nature Of the Transaction
or business in which the parties are en-
gagged" (Randls ". State, supra.)
"Ths character Of the scheme 10 In nc
wise changed BY the charitable purpos'
expressed in its title, nor by calling thu
drawings entertainments or gift con
certs.'" (Ex parts Blanchard. supra
"The fact that no plan Of distribution hai
been determined upon does not relieve th'
scheme Of Its character - lottery
Thomas W. People. SO Ills. 1881
"Nor 10 10 material" said tho Court o
Appeals in the American Art Union case
"to the question In hand that the prize
were not known and designated when th
tickets or chances were subscribed ant
paid for. The scheme In this respect !
more Objectionable than scheme In whicl
the prizes are prsviously Axed. becsuse
Affords less security to the subscribers tha
The chance Parcha.sd Is worth the mons!
psid for It."
We arc Of opinion that the facts stats'
In the articles Of incorporation, In th
ststutes, and In the information. show tha
the scheme IL one whereby the Legislatur
Of ,his state, in confederation Of the sun
Of S2sO, 900. to bs placed In the STAT
Tressury, 10 the credit Of the Insane ant
Charita6ie Fund.-" attempted 70 authoris
the managers Of the Nevada benevoien
/ - kat