Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-15
SUPREME COURT DECISION.
UNANIMOUS OPINION

On tho lStn Gay OF February, Il. VI
1881, articles Of incorporation Of the '.Ne.
vada Benevolent Association" were filed
In the Office OF the County Clerk Of Storey
county. The object OF tho corporation
being ITO establish and carry on the
business OF providing for and giving pub
lie entertainments, In tho State Of Nevada,
Of Q musical and scientific character, to
sell tickets OF admission 70 such entertain.
ments, and 10 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 a. may DO de-
termined by . Board Of Managers to DO
selected for that purpose by the Board OF
Trustees OF this company" II Is pro.
entertainments "as may DO deemed proper
by the Board Of Trustees, but not less than
$4,000, from each entertainment, are TO
DO placed In the State Treasury OF the
StaIe OF Nevada 10 be used only for such
charitable and benevolent purposes a. 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 tho In.
sane Of Nevada. and for other charitable
purposes" approved March Q, 1881, de-
clares that ait shall be lawful for tho Ne.
vada Benevolent Association Of the State
Of Nevada 10 give not exceeding fvo public
entertainments or concerts; to soil 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 to regulate
the distribution Of all such property or
| gifts by rattle or other schemes Of like CHAR
scter." (Stat. 1881, i6G, Bee. ~
The information filed by tho 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 = o." and that they
base their rights 10 advertise, print, cir.
culate 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.
Arc the acts OF respondents without war
rant Of lswf
Is the Act Of the Legislature, approved
March 8, 1881, constitutional2
First-Is the scheme or enterprise In
which tho Nevada Benevolent Associa'
ton /" is engaged Q lottery2
This question Is answered In the a0irma-
tive by the decision Of this Court In CT
parte Blanchard, 0 New, l04. Is that de-
cision corrcct2 1t certainly Is. 1t Ii sus'
taired by every decision that has boon
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact, wo are now
earnestly asked to declare that tho musical
entertainment which the Nevada Benevo-
lont Association proposes TO give Is not q
lottery. Why not? What Is 0 lottery Z
Every scheme for tho distribution Of prizes
by chance Is Q lottery. Governors OF the
Union. 2 N. Y... $50; Dunn ys. Tit Poo
j.; L., 40l Randlo Va. State, AZ Tex,
Commonwealth vs.. Manderteld, y Phil,
459 I; United States vs.. Olney, 1 Abb, U.
s., 279.)
A lottery Is Q game Of hazard In which
small sums arc ventured for the chance Of
obtaining greater. BELL vs.. State, Q
Sneed., 509.l
"a contrivance for the distribution OF
prizes by chance . reliance upon the
results Of hazard I; . decision Of the values
OF the adventurer's investment Of the
favors OF fortune" is . lottery. wooden
VI. Shotwell, 4 Zsb., 1861
"whero o pecuniary consideration Ia
paid, and II Is determined by lot or chance.
according to some scheme held out to the
public what tho party who pays the money
Is to have for II, or whether he Is to have
anything, IL Is o lottery" (Stato VI.
Clarke, SO N. H., 335 Hull vs.. Ruggles,
SO N. Y, 427.) 4
1t makes no difference what namo Ii
given to the scheme.
When tho element OF chance enters into
the distribution Of prizes 1t Is Q lottery,
without reference to the name by which II
10 called.
"He may choose TO call his business 0
gift SALE" said the Court In Dunn vs.. Peo'
ple, supra, "but II 10 none the less o lot
tory, and we cannot permit him to ovade
the penalties Of tho law by so transparent
Q device as o nero change Of name. II II
differs from ordinary lotteries the differ
ence lies chiefly In the fact that II Is more
artfully contriyed TO impose upon the ig'
norant and crcdulous, and IL, therefore,
more thoroughly dishonest and injurious
to society,""
1.-THE name given TO the process and the
form Of the machinery used to accomplish
the object arc not material, provided the
substance OF the transaction IL o distribu'
tion or disposition Of property by lot"
Estate Va. Clarke, supra.)
"Courts will not inquire into the name,
but will determine tho character Of the
scheme by tho nature OF tho transaction
or business In which tho parties arc en-.
gagged" (Randlo VI. State. supra.)
"The character OF the scheme Is In nc
wise changed by tho charitable purpose
expressed in Its title, nor by calling the
drawings entertainments or gift con.
corts.'6 lex parte blanchard, supra.)
"Tho fact that nc plan Of distribution has
been determined upon docs not relieve the
scheme Of is character as . lottery"
Thomas vs.. People. 80 Ills, 1851
"Nor is II material" said the Court Of
Appeals In tho 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 ID
more Objectionable than . scheme In which
the prizes are previously fixed. because II
affords less security to the subscribers that
the chance purchased Is worth tho money
psid for It,"
We are OF opinion that tho facts stated
In tho articles Of incorporation, In the
statutes, and In tho information. show that
the scheme is one whereby the Legislature
Of this State, in consideration OF the sum
Of $250. 900, TO be placed In the State
Treasury, to tho credit Of tho Insane and
Charitable Fund.-" attempted TO authorize
the managers Of the "Nevada Benevolent
Association" to enrich their " pockets,
at the expense Of the people Of this and
other States, by holding out promises OF
the great and sudden gains that might DO
acquired by the ticket holders; that
golden prizes would be the luro to In
| cito the credulous and unauRDectinQ into