Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-10
SUPREME COURT DECISION.
rss Lottery scheme. sf shs Ns.
vsda nss~vs,sas Assseiasaea D.
snassd Uneosssisasioaal.
UNANIMOUS oprxIos.l

CNANL2oU1 orANioJ.l
On the 18th day OF February, A. D.
1881. srticlss Of Incorporation Of the "Ns-
vsda Benevolent Association" we're alsd
IN the ofsacs Of the County Clark Of Storey
county. The object Of the corporation
being "to establish and carry on the
business Of providing for and giving pub
Lie entertainmsnts. In the 6tats Of Nevada,
Of musical and scientific character. to
all tickets Of admission 10 such entsrtain.
ments, and TO purchase. hold and dis
tribute among the holders Of suoh tickets
personal property. real estate, chooses In
action and other valuable things. upon
such tsrms and conditions and IN such
manner and at such times - may b do
tsrmined BY Board Of Managers TO be
selected for that purpose By the Board Of
Trustees Of this company" II u pro-
yided that 20 much Of the proceeds OF said
sntsrtainments "ss may be deemed proper
by the Board Of Trustees. but not less than
$50. 900, from each sutkrtainment. are TO
bs placed In the State Treasury Of the
Stais Of Nevada 70 b used only for such
charitable and benevolent purposes a. may
b determined By the Legislature OF the
State Of Nevada"
The . Act 70 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 y. issU' ae-
clsrrs that '.it shall bedaVful for the No.
vada Benevolent Association Of the stats
Of Nevada 10 give not exceeding hve public
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-
mands or other valuables, and 10 regulate
the distribution Of all such property or
gifts By raifis or other schemes Of like Char.
setsr." (Stat. 1881, l66. Sso. ~
The information flsd By tho Attorney.
General alleges that respondents, - Trus-
tees Of said association. arc. without war
rant Of Law. advertising. printing.
circulating and selling tickets for public
entertainments . o." and that they
I" base their rights to advertise, print. cir.
eulats and ssli tickets for the said public
exhibitions or entertainments. and ~ 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 70 be true.
Are the acts Of respondents without war
rant Of law7
Il the Act Of the Legislature. approved
March Q, 1881, constitutionalf
First-Is the scheme or enterprise In
which the "Nsvada Benevolent Associs-
ton" 10 engaged lottery1
This question 10 answered In the afnrma-
tive BY the decision Of this Court In e<
parts Blanchard. 3 New. l0a. II that de-
cision correetp II certainly 10. II 10 sus.
tairsd BY every dscision that has been
rendered BY the various courts In the
United States upon this question.
Notwithstanding this fses, We are now
earnestly asked to declare that the musical
entertainment which the Nevada Bsnsvo-
lent Association proposes 70 give 10 not
lottery. Why not? What 10 . lottery
Every scheme for tho distribution Of prizes
by chance IL . lottery. Governors VI the
Aimshouss Of New York ". American Art
Union. z N. Y... 2ss; Dunn ". The Peo-
pie, ~ Ills. 467 State 70. Shorts, ~ N.
j.; L., 40l Randls 70. Stats, ~ Tex,
583 ChavAnnah ". State, - Ala. S96
Common wealth W. MAndsrfisld. . Phil.
45y United States W. Olney, Abb, U.
g.. a7s.)
A lottery IL game Of hazard In which
smAll sums Are ventured for the chance Of
obtaining greater. BELL ". State, b
sneed.. 509.l
"a contrivsnco for the distribution OF
prizes BY chance; . reliance upon the
results Of hazard . decision Of the values
Of the adventurer's investment OF the
isvors OF fortune" 10 . lottery. wooden
". Shotwsll. 4 Zab.. 1851
:" Where pscuniary consideration 10
paid. and II II determined By lot or chance,
according 70 soms scheme held out TO tho
public what the party who pays the money
10 10 have for IL. or whether he 10 TO have
anything. IL 10 . lottery" (State vs..
Clarke. IS N. H., S35; Hull ". Ruggles.
Sc N. Y, 427.)
Il makes no difference what name II
given 70 the scheme.
A rose By any other name would smell - sweet;
a thOrn By any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes 10 IL lottery.
without reference 70 the name BY which 1t
10 called.
"Ho NAV choose 70 call his business .
gift sale," said the Court In Dunn W. Peo.
Die, supra, "but IL 10 none the less lot
tery, and ws cannot permit him to evade
the penalties Of the law by 90 transparent
. device - . mere change OF name. II IL
differs from ordinary lotteries the diner.
sncs lice chiefly In the fact that u 10 more
artfully contrived to impose upon the ig'
norant and credulous, and is. therefore,
more thoroughly dishonest and injurious
TO society"
"The name given TO the process and the
form Of the machinery used 70 accomplish
the objec. are not material. provided the
substance Of the Transaction II distfiou.
tion or disposition Of property By ioe"
Estate W. Clarke. supra.l
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" tEiandls ". State. suprs.)
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-
certs.'" (Ex parts Blanchard. suprs.)
"The fact tbatno plan Of distribution has
been determined upon does not relieve the
scheme Of its character a . lottery"
Thomas W. People. 50 Ills. 1851
"Nor 10 10 material." said the Court OF
Appeals In 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
raid for. The scheme In this rrspect In