Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-24
SUPREME COURT DECISION.
The lsssssy scheme - che Ne
vads Ussevsisst Asssesasise De-
slsrsd Unsssssisasisoal.
frNAxrxoua olrnoN.l


vads osaevsisas Asssetastea De-
slsssd Unsssssisasisasl.
UNANIMOUS osnnox.
On the 18th day OF February, A. D.
ieoi, articles Of ineorporation Of the "Ns-
ysds Bsusvolsnt Association" were hlsd
IN the once Of the County Clark Of Storey
county, Ths object of ths cooperation
being "to establish and carry on the
business Of providing for and Giving pub
lio sntsrtainments. In the State Of Nevada.
Of musical and scientific chsrnetsr. 70
al ticksts Of sdmisslen tossch sntersain-
menn, and 70 purchase. hold and dis
tribuss among the holders Of such tickets
personal property, real sstats. chosen In
sotion and other valuable things. upon
such tsrms and conditions and In such
manner and st such umes - may bs de-
tsrmined By Board Of kanasers 70 b.
selected for that parposs - The Board OF
Trustees Of this company IL II pro.
vidsd thas % mach Of - peoossds Of said
en rtsinm ments ..ss may b deemed proper
by he Board Of Trustees. bat not Isss tssn
SsO. 600. from each snt<rtainnasnt. are 70
b placed IN the Stats Treasury OF the
stsie Of Nevada 70 Be used only for suoh
charitable and bsnevolsnt purposes - may
Be ds.ermined By tho Legislature Of the
Stats Of Nevada"
The "Act 70 Aid the Nevada Benevolent
Association In aiding In providing means
for the care and maintenance OF tne IN
sane Of Nevada. and for other cnsriaeie
purposes" approved March y. issll' ae-
clsres that "it shall BE- lawful ior tne Ne
vada Benevolent Association OF the sue
Of Nevada to give not exceeding nve pubic
entertainments or concerts; to sell tickets
Of admission TO the same ~ distribute
among the holders Of such tickets personal
property, real estate, things In action, de-
msnds or other valuables. and 10 regulate
the distribution Of all such property or
gifts BY rzffie or other schemes OF like char
sctsr." tStat. 1881, i66, Sec. IL
The information fled BY the Attorney.
General alleges that respondents, - Trus-
tees Of said association. are, without var.
rant Of Law. advertising. printing.
and selling tickets for public
entertainments . ." and that they
=. base their rights 10 advertise, print. cir.
culats and sell 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 fscts set forth in the information
are admitted by respondents 10 be true.
Are the acts Of respondents without war
rant Of lawf
II the Act Of the Legislature. approved
March Q. 1881, constitutionalf
First-Is the scheme or enterprise In
which the "Nsvada Benevolent Associa.
ton +" 10 engaged lottsry1
This question Il answered 10 the afirmA-
tive by the decision Of this Court In or
parts Blanchard. 8 New, l0i. Il that de-
cision oorrect2 1t certainly 10. II "a sus.
taired by every decision that has been
rendered BY the various courts In the
United States upon ihis question.
Notwithstanding this fact. We are now
earnestly asked to declare that the musical
entertainment which the Nevada Benevo-
lent Association proposes 70 give 10 not
lottery. Why not? What 10 . lottsry
Every scheme for the distribution OF prizes
by chance II . Lottery. t0ovsrnor'so Of the
Aimshvuys Ut New York W. American Art
Union. Z N. r.. 2ss; Dunn ". The Peo-
pie. 40 Ills. 467 State W. Shorts. 81 N.
j.; L.. 40l Randls W. Stats, ~ Tex,
SIS Chavannah W. State, 20 Ala. Ss6
Commonwealth W. Mandsrheld. Phil,
4ss; United Statss W. olney, Abb, U.
g.. 279J
A lottery il Q game Of hazard In which
small sums - vsntured for the chance Of
obtaining greater. BELL ". State, D
snsed.. 509.l
"a contrivance for the distribution OF
prizss BY chance . reliance upon the
results Of hazard; . decision Of the values
Of the adventurer's investment Of the
favors OF fortune" 10 . lottery. twoodsn
". shotwsll. 4 Zab.. 1851
"Where . pecuniary consideration 10
paid. and IL 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, 10 10 . lottery" (State W.
Clarke, IS N. H, SIS; Hull ". Ruggles.
SO N. Y, ALL
II makes NO difference what name 10
given to the scheme.
A rose By any other name would smsll ssswsst;
thorn By any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes II 10 lottery.
without reference TO The name BY which 1t
10 called.
"Hs may choose to call his business .
gift SALE" said the Court in Dunn ". Pao'
Die, supra. "but 10 10 none the less lot.
isry, and We cannot permit him to evads
the penalties Of the Law by 90 transparent
4 device a. Q mere change Of name. II IL
differs from ordinary lotteries the diner
ence lies chiefly In the fact that 1t 10 more
srtfully eontrived TO impose upon the ig'
norant and credulous. and 10, therefore.
more thoroughly dishonest and injurious
10 society"
"Ths name given to the process and tho
form Of the machinery used TO accomplish
the object are not material. provided the
substsnce Of the transaction II distribu.
tion or disposition Of property by lot.
tStats W. Clarke. supra
"Courts will not inquire Into the name'
but will det<rmins the character Of the
sch.ns bv the nature Of the Transaction
or businsss In which the parties are On.
sseed." tRandls ". State. supra
!. The character Of the scheme II In no
viss changed BY the charitable purpose
expressed in its title. nor BY calling the
drsvinss 'entertainments or gift con-
oerts.'" (Ex parts blanchard. supra.l
"The fact that no plan Of distribution has
been dstsrmined upon does not relieve the
scbems Of its character - lottery"
tThomss W. People. 50 Ills. 1881
g. Nor 10 10 msterial." said the Court OF
Appeals 10 the American Art Union case.
"to 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 u
more obiectionabls than scheme In which
the prizes are prsviously hxed. because Il
sdords less security 10 the subscribers that
the chance parohassd is worth the money
psid for It,"
We are Of opinion that The fasts stated
In the articles Of incorporation. In ths
statutes, and In the information. show that
the scheme 10 one whereby the Lssislature
Of this State. In consideration Of the sum
Of S230, 600. TO bs placed In the State
Treasury, 10 the credit Of the " Insane and
Charitable Fund," attempted 70 authorize
The managers Of the Nevada Benevolent
Association " 70 enrich their own pockets.