Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-04
SUPREME cevR1 ptcss.sm.
The Lottery scheme Of she Ne
vsds osa~veIsas Associates De-
olared Uaeenstisuuooal.
UNANIMOUS oprs1ox.l

olared UaeeasaisuGosal.
UNANIMOUS oPNuox.l
On the 10th day OF February, A. D.
1881, articles Of incorporation Of the enc
vsda Benevolent Association" were filed
In the o6aoe OF the County Clerk Of Storey
county. Tho object Of the corporation
being "to establish and carry on the
business OF providing for and giving pub
lilo entertainments, In the State Of Nevada,
off musical and scientific character, 70
sell tickets OF admission 10 such entertain.
ments, and 10 purchase. hold and dis
tribute among the holders Of suoh tickets
personal property, real estate, chooses In
sction and other valuable things, upon
such terms and conditions and In such
manner and ct such times a may b do
teymined BY Q Board Of Managers 10 DO
selected for that purpose BY the Board OF
Trustees OF this company" Il 10 pro.
vided that 20 much Of the proceeds Of said
entertainments ''ss may b deemed proper
By the Board Of Trustees, but not less than
$4,000, from each entertainment, are TO
be plsced In the 6tats Treasury OF the
State Of Nevada 10 be used only for suoh
charitable and benevolent purposes - may
b dstsrminsd BY the Lssilsturs Of the
State Of Nevada"
Tho "Aot 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" (spproyed March 9, 1881, de.
clares that at shall be lawful for ths Nc.
vads Benevolent Association Of the State
Of Nevada 70 give not exceeding I've public
entertainments OF concerts; 10 sell tickets
Of admission 10 the same ; ~ distribute
among the holders Of such tickets personal
property, real estate, things In action, de-
mands or other valuables, and 10 regulate
the distribution Of all suoh property or
gifts by rattle or other schemes Of like char.
scter." (Stat. 1881, l66, Beo. ~
The Information filed by tho Attorney.
General alleges that respondents, Is Trus-
tees Of said association, are, without war.
rent Of Law, advertising. printing.
circulating and selling tickets for public
entertainments = ." and that they
base their rights 10 advertise, print, DIR.
oulate and soil tickets for the said public
exhibitions or entertainments, and 70 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 to.
The facts set forth In tho information
are admitted by respondents to DO true.
Are the acts OF respondents without war.
rant Of law2
Il the Act Of the Legislature, approved
March ., 1881, CONSTITUTIONAL
First-Is the scheme or enterprise In
which the "Nevsda Benevolent Associa.
ton 10 engaged . lottsryf
This question 10 answered In the afirma-
tive by the decision Of this Court In sr
parfs Blanchard, 0 New, l04. Is that de-
oision oorroctf 1t certainly is. It 10 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 o
earnestly asked to declare that tho musical
entertainment which the Nevada Benevo-
lent Association proposes 10 give 10 not ,
lottery. Why not2 What 10 . lottery 2
Every scheme for tho distribution ofprizes
by chance 10 . lottery. Governors Of the
Almshouse Of New York ". American Art
Union, z N. Y.., $50; Dunn w. The Poo.
pie. 40 Ills, ACT State vs. Shorts, 50 N.
J.; L., 40l ; handle W. State, "A Tex.
685 ; Chavannsh vs.. State, 40 Ala. 800 ;
Commonwealth w. Mandcrheld, 3 Phil,
$50 United States W. 0lnsy, l Abb, U.
H., 279.)
A lottery Is . game Of hazard In which
small sums are ventured for the chance OF
obtaining greater. tBell 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 Adventurer's investment OF the
favors Of fortune" Is . lottery. wooden
W. Shotwell, 4 Zab., 1857
"Where . pecuniary consideration 10
paid, and IL is determined by lot or chance,
according 10 some scheme held but 70 the
public what the party who pays the money
Is 10 have for II, or whether he 10 to have
anything, It IL . lottery" Estate w..
Clarke. IS N. H., 1856 Hull W.. Ruggles,
SO N. Y, 427.) &#**
It makes NO difference what name Ia
given to the scheme.
A rose by any other nsme would smell Is sweet;
a thorn by any other name would prick a. deep.
When the element Of chance enters into
the distribution Of prizes 1t Ia . lottery.
without reference TO the name by which 1t
10 called.
"He may choose 70 call his business .
gift SALE" said the Court In Dunn ". Poo.
pie. supra, "but IL 10 none the less . lot
terry, and We cannot permit him to svade
the penalties Of the law BY 90 transparent
Q device - . mere change Of name. II II
differs from ordinary lotteries the differ.
sncc lies chiefly In the fact that II 10 more
artfully contrived to impose upon the ig.
norant and credulous, and 10, therefore,
moro thoroughly dishonest and injurious
70 society"
1.-THE name given 10 the process and the
form Of the machinery used 10 accomplish
the object are not material, provided the
substance Of the transaction II . distribu.
ton or disposition Of property by lot"
Estate W. Clarke. supra.)
"Courts will not inquire into the name,
but will determine the character Of the
scheme by the nature Of the transaction
or business In which the parties are en-.
gagged" (Rande VI. State, suprs.)
"The character Of the scheme 10 In no
wise changed BY the charitable purpose
expressed In Its title, nor by calling the
drawings entertainments or gift con.
certs.'" (Ex parte Blanchard, supra.)
"Tho fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of Its character a. . lottery"
Thomas vs.. People. SO Ills, 1881
"Nor 10 10 material" said the Court Of
Appeals 10 the American Art Union case,
"to the question In hand that the prizes
were not known and ~designated when the
tickets or chances we're subscribed and
paid for. Tho scheme In this respect IL
more Questionable than Q scheme In which
the prizes are previously hxed, because II
Affords less security 10 the subscribers that
the chance purchased Is worth the money
psid 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 II one whereby the Legislature
Of this State, In consideration Of the sum
Of $3.50, 600. 10 be placed In the State
Treasury. 70 the credit Of the I" Insane and
Charitable Fund.-" attempted 10 authorize
the managers Of the "Nevada Benevolent
Association " TO enrich their own pockets,