Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-21
SUPREME couRr DECISION.
The Lottery scheme or she Ne
vsds Dsa-velsss Associates Dc.
Glazed Unoosssisusisaal.
UNANIMOUS opry1oS.l

On the 10th day OF February, A. d.
1881, articles Of incorporation Of the '.Ne-
vsda Benevolent Association" were hled
in the ofaoe OF tho County CLERK Of Storey
county. The object Of the corporation
business Of providing for and giving pub
lie entertainments, in the State Of Nevada,
Of . musical and scientific character. to
sell tickets Of admission 10 such entertain.
ments, and 70 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 ct such times - may DO DO.
tsrmined by . Board Of Managers 10 DO
selected for that purpose BY the Board Of
Trustees Of this company" It 10 pro.
vided that 20 much Of the proceeds OF sid
entertainments ''as may b deemed proper
BY the Board Of Trustees. but not less than
$4,000, from each entertainment, are 70
bs plsced In the State Treasury OF the
Ststs Of Nevada 70 be used only for such
charitable and benevolent purposes ~ may
be determined BY the Legislature OF the
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 Q, 1881, de-
olsres that ''it shall be lawful for the Ne.
vadA Benevolent Association Of the State
Of Nevada 70 give not exceeding I've public
Of admission to the same |; " distribute
among the holders Of such tickets personal
property. real estate, things 10 action, de-
mspds or other valuables. and TO regulate
the distribution Of all such property or
gifts by rsfds or other schemes Of like char
actsr." tbAt. 1851, 1855, Ssc. ~
The information flsd by the Attorney.
General alleges that respondents. - Trus-
tees Of said association, are, without war.
rant Of law. advertising. printing,
circulating and selling tickets for public
entertainments y o" and that they
/" base their rights to advertise, print. cir.
culats 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 the Act Of
the Legislature above referred 10.
The fsots set forth In the Information
are admitted by respondents TO DO d
Are the acts Of respondents without war
rant Of lswf
ID the ACT Of the Legislature, approved
March 3, 1881, co~nstitutionalf
First-Is the scheme or enterprise IN
which the "Nsvada Benevolent Assooia.
ton" II engaged . lottery2
This question 10 answered In the afarma.
tive BY the decision Of this Court In or
parts Blanchard. 8 New, l04. Is that de-
cision correctf 1t certainly is. II 10 sus.
tziped by every decision that has been
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact, We are o
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 Z
Every scheme for the distribution OF prizes
by chance 10 . lottery. Governors Vi the
Almshouss Of New York W. American Art
Union. z N. ", 2s9; Dunn ". The PEG.
pie, 20 Ills, 467 ; State vs.. Shorts, 80 N.
j.; L., 40i ; Randle W. State, AZ Tex,
6S5 ; Chavannah vs. State, 40 Ala. 3s8 ;
Commonwealth W. ManderAsld, 8 Phil,
469 United States vs.. olnsy, l Abb, U.
g., 279.)
A lottery Is . game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. (Bell vs.. State, 8
Sneed., 609.j
"a continuance for the distribution Of
prizes by chance ; . reliance upon the
results Of hazard ; . decision Of the values
Of the adventursr's investment OF the
favors OF fortune" 10 . lottery. wooden
W. Shotwsll, 4 Zab., 1851
"where . peounisry consideration 10
paid. and II 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
anything, IL 10 . lottery" Estate vs..
Clarke. 50 N. H.. ss5 /; Hull vs.. Rugglss,
Sc N. Y, 127.)
II makes NO difference what name 10
given 10 the scheme.
A rose BY any other nams would smell ssswest;
a thorn by any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes 1t 10 . lottery,
without reference 70 the name by which II
10 called.
"Hs may choose TO call his business .
gift SALE" said the Court In Dunn ". Poo.
pie, supra, but IL IL none the less . lot
tsry, and We oannot permit him to evads
the penalties Of the law BY % transparent
. device % . mere change Of name. II II
difsrs from ordinary lotteries the differ.
moe lies chiefly In the fact that IL 10 more
srtfully contrived 10 impose upon the ig-
norant and credulous. and 10, therefore,
-1.- .kz~1.ckl- lt.hop.st and tnturi0na
70 society,""
"Ths 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 II . distribu.
ton or disposition Of property BY lot"
(stats W. Clarke. suprs.)
Courts wall not inquire into the mama,
but will determine the character Of the
scheme by tho nature OF the transaction
or business In which the parties are en-.
gagged" (Rsndh W. Stats, suprs.)
1.-THE character Of the schsme 10 In no
wise changed BY the charitable purpose
expressed in Its title. nor BY calling the
drawings entertainments or gift con.
osrt.'" (Ex psrte Blanchard, suprs.)
"Tho fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of Its character a. lottery"
Thomas ". People. 50 Ills, 1881
"Nor 10 IL matsrial." said the Court Of
Appeals 10 the American Art Union case.
30 the question In hand that the prizes
were not known and designated when the
tickets or chances we're subscribed and
paid for. The scheme In this respect 10
more Questionable than . scheme In which
the prizes are previously fixed, because 1t
Affords less security 70 the Subscribers that
the chance purchased II worth the money
pnid 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 scheme 10 ono whereby the Legislature
Of this State. In consideration Of the sum
Of $4,000 70 DO placed In the State
Treasury, 70 the credit Of the " Insane and
Charitable Fund" attempted TO authorize
the managers Of the "Nsvada Benevolent
Association +" to enrich their own pockets.
at the expense Of the people Of this and
other States, by holding out promises Of
the great and sudden gains that might be
acquired BY the ticket holders; that
H. - ---Nl - 49, H. A. L.