Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-27
SUPREME COURT DECISION.
The Lottery Scheme or she He.
vaas 1sa-vstses A~asociasiss De-
Glazed Uucoasiisulional.
UNANIMOUS OPINION

va .s I'VE aey VI Gubtb
1881, articles Of incorporation Of the "Ne.
vsda Benevolent Association" were died
In the Office 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 entertainments. In the State Of Nevada,
Of Q musical and scientific character. to
sell tickets Of admission to such entertain.
ments, and TO purchase, bold 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 de-
termined by . Board OF Managers TO be
selected for that purpose BY the Board Of
Trustees Of this company" II IL pro.
vided that 30 much Of the proceeds OF said
entertainments "as may DO deemed proper
BY the Bosrd Of Trustees, but not less than
$s0.000, from each entertainment. are TO
bs placed In the State Treasury OF the
STATE OF Nevada 10 be used only for such
charitable and benevolent purposes a. may
DO determined BY the Legislature OF tho
State Of Nevada"
The ACT to Aid the Nevsds Benevolent
Association In aiding In providing means
for the osrs and msintsnsnoe OF the In.
zane Of Nevada, and for other charitable
purposes (~spproved March 0, 1881. de-
olsres that ''it shall be lawful for the Nc.
vadA Benevolent Association Of. the State
Of Nevada 70 give not exceeding fve public
entertainments or concerts; TO sell tickets
Of admission TO the same |; W 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 such property or
gifu BY rsfde or other schemes Of like char.
sctsr." (Stat. 1881, 1866. Seo. ~
The information filed by the Attorney.
General alleges that respondents, a. Trus-
tees Of said association. are. without war.
rant Of law. advertising, printing,
circulating and selling tickeu for public
entertainments ~" and that they
" base their rights TO advertise. print. cir.
culate and sell tickets for the said public
exhibitions or entertainments. and to pur.
chase, use, bold and distribute amongst
the holders Of such tickets personal pro,
perry, real estate. chooses In action and
other valuable things upon the ACT OIL
the Legislature above referred to.
The fsots set forth In tho Information
are admitted by respondents 10 DO q
Are the acts Of respondents without war
rant Of lsw2
Is the Act Of the Legislature approved
March 0, 1881, constitutionalf
First-Is the scheme or enterprise In
which the "Nevada Benevolent Assoois'
ton is engaged . lottery
D question 10 answered 10 the amtma-
tive BY the decision OF this court In sf
parfs Blanchard. y New, l04. III that de-
cision cUrrectf IL certainly Is. IL ID 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
earnestly asked to declare that the musical
entertainment which the Nevada Benevo-
lent Association proposes to give Is not q
lottery. Why notf What ~ . lottery Z
Every scheme Tor the distribution Of prizes
s@im.honss NJ N.v york ", American Arr
IIn,on > ~ " oso. n,nn o.. Tho pao.
pie, AZ Ills, 467 State vs.. Shorts. 50 N.
j.; L., 40l handle vs.. State, A Tex.
685 I; ChavannHh vs.. State, 40 Ala, Sy6 |;
Commonwealth VI. Msnderfold, 8 Phil,
AO4 . uulk.u 6IAIGH WI. OIutNs II ADULT W.
h., 27g.)
A lottery In q game OF hazard In which
small sums are yentured for the chance Of
obtaining greater, BELL VI. State, 0
Snsod., 509'J
IA contriyspce for the distribution Of
prizes bv chance : a reliance upon the
r,spIts Of bsa.rd . a Decision OF the value,
NJ ,hs .ayen,nr.r,. ;nys.,msnt of th.
fs,ors Of fortune 4. a lottery. wooden
v.' sbo,vsII' a Z.h. 7asI
-. Wssrs = n.onni.rv confederation IN
Maid. and 1, i, ds,srminsd Inv Iot or chance.
rooording 10 .oms .ch.ms held ont To- he
pubIio wSst he psrty Who psys the money
r. TO hsys for n, or whether lie is 10 have
ANYTHING. a h. a Iotteryn STATE VI.
uIsrts' "a N n. 4 4 HnIi W. Rpgples
"a ~ " .o7
49, 80 ,,s.,.n.o ~. raw. a..
.s.S. ""~' "~ "
s
A rose by Any other name would smell . seweet;
a Thorn BY any other name would prick IS deep.
When the element Of chance enters into
the distribution of prizes IL IN a lottery.
without reference to The p.me by which II
n called.
"He may choose 10 call his business q
aift ssls." said the Court In Duuuy w, Poo.
ME. supra. "but Il n none the Less \ lot.
tery. and wo cannot permit him TO oysde
th. penalties Of the law by 90 transparent
4 device as \ mere change Of name, II IL
differs from ordinary lotteries the differ.
ence lies chiefly In the fact that IL 10 more
artfully contrived to impose upon the ig.
norsnt and credulous. and 10. therefore,
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