Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-22
SUPREME COURT DECISION.
The Lottery Scheme OF she Ne.
vsds Bss~vslsss Association Dc.
Glazed Uaeonstisusisnal.
UNANIMOUS opsIoS.l

On tuo 4vtu Jay u roptuhtyt 49,
1881. articles OF incorporation Of the ''Ne.
vsdA Benevolent Association" were died
In tho ofioe 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 . musical and scientific character. to
sell tickets Of admission 10 such entertain
ments, and to purchase. hold and dis
tribute among the holders Of such tickets
personal property, real estate, chooses In
action and other valuable things, upon
suoh terms and conditions and In such
manner and ut such times - may b dc.
termined by . Board Of Managers to DO
selected for that purpose BY the Board Of
Trustees Of this company" II 10 pro.
vided that 70 much Of the proceeds OF said
entertainments ''as may DO deemed proper
BY the Board OF Trustees, but not less than
$780, from each entertainment, are 70
be placed In the State Treasury OF the
State Of Nevada 70 be used only for such
charitable and benevolent purposes - 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 tho care aud maintenance Of the IN.
purposes'' (%spproved March o, 1881, de-
clares that at shall be lawful for the Ne.
vada Benevolent Association Of the State
Of Nevada 10 give not exceeding 1--we public
entertainments or concerts; TO sell tioksts
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 70 regulate
the distribution OF all such property or
gifts BY rafis or other schemes Of like char.
aoter." tBAt. 1881. 1865. Seo. ~
The information filed by tho Attorney
General alleges that respondents, ~ Trus-
tees Of said association. are, without war.
rsnt Of law, advertising. printing.
circulating and selling tickets for public
entertainments = = T." and that they
base their rights to advertise. print. cir.
oulate and sell tickets for the said public
exhibitions or entertainments, and " pur.
chase, use, hold and distribute amongst
tho 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 DO true.
Are the acts OF respondents without war.
rant OF lsw2
Il the Act Of the Legislature. approved
March ., 1881, c~onstitutionalf
First-Is the scheme or enterprise In
which the "Nsvads Benevolent AssociA-
ton IL engaged . lottery
This question IL answered In the afirmi.
tive BY the decision Of this Court In or
parts Blanchard. . New, l04. Is that do.
cision oorruotf 1t certainly 10. IL Is sus.
tsired by every decision that has beer
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact, We are now
earnestly asked to declare that the musical
entertainment which the Nevada Bsnsvo-
lent Association proposes 70 give 10 not =
lottery. Why not7 What IL . lottery 2
Every scheme for the distribution Of prizes
by chance 10 Q lottery. tGovernor's VI the
Almshouss Of New York W. American Art
Union, z N. ", 2s9; Dunn W. The PEG.
pie, ~ Ills. 467 State W. Shorts, 81 N.
j.; L., 40l /; handle W. State, AZ Tex.
585 ; C%havannah W. State, ~ Ala. 396 ;
Commonwealth VI. Msnderfsld, 8 Phil,
469 United statss W. olnsy, l Abb. U.
b.. 279.)
A lottery 10 . game Of hazard In which
small sums are vsntured for the chance Of
obtaining greater. BELL W. STATE, D
snssd.. 509.J
"a contrivsncs for the distribution Of
prizes BY chance f; . reliance upon the
rssults Of hazard |; . decision Of the values
Of the adventures Investment OF the
A...-. fo,,apt a.. q ln&sarv IWfndan
". shotwell. Z Zab.. 1861
"Whsre Q pecuniary consideration 10
paid. and IL 10 determined by lot or chance,
according 70 some scheme held out TO the
public what the party who pays the money
10 70 have for IL, or whether hs 10 10 have
anything. II 10 . lottery" (stats VS..
Clarke, IS N. H.. ss5 (; Hull vs. Rugglss.
90 n. T., 427.) = .
II makes no difference what name 10
given " the scheme.
A rosa BY any other name would smell assweet;
a 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 IL
10 called.
"Hs may choose 10 call his business 0
gift SALE" said the Court In Dunn W. Peo.
pie, supra, "but IL 10 none the less . lot.
tsry, and we cannot permit him to evlde
the penalties Of the law BY % transparent
Q device - . mere change Of name. II IL
differs from ordinary lotteries the differ.
encs lies chiefly In the fact that 1t 10 more
artfully contrived TO impose upon the ig.
norant and credulous, and 10, therefore,
more thoroughly dishonest and injurious
70 society,""
"Ths name given to the process aud the
form Of the machinery used 10 accomplish
the object are not material, provided the
substance Of tho transaction II Q distribu.
ton or disposition Of property by lot"
(State W. Clarke. supra.)
but will determine the character Of the
scheme by the nature Of the transaction
or business In which the parties are on.
gagged" (Rsndle vs.. State, suprs.)
"Ths 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 DON.
csrts.'" (Ex psrte Blanchard. supra.)
"The fact that no plan Of d~istribution has
been determined upon does not relieve the
scheme Of Its character a. Q lottery"
Thomas ~. People. 50 Ills, 1881
"Nor 10 IL material" said tho Court OF
Appeals In 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 10
more Questionable than Q scheme In which
the prizes are previously fixed, because 1t
affords less security TO tho Subscribers that
the chance purchased 10 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 10 one whereby tho Legislature
Of this State, In consideration Of tho sum
Of $250. 900. TO be placed In the State
Treasury, 70 the credit Of the "Insans and
Charitable Fund" attempted 10 authorize
the managers Of the "Nevada Benevolent
Association " 10 enrich their own 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
o,Il.u --l-n. -x.ll q. s.a A.. L.. A. tn-