Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-19
SUPREME COURT DECISION.
The Lsssery sshesss Of shs Nc
vada sss~vslsss Assssississ De-
sasssd Uneesssisasiosal.
lrsAsrxors oprsioS.l

On the 18th day OF February, A. d.
1891. articles Of incorporation Of the "Ne-
| ysaa Benevolent Association" were hled
IN The ONCE Of the County Clerk Of Storey
county. The object Of the corporation
beipg "to establish and carry on the
business Of providing for and giving pub
/ lie entertainments, In the State OF Nevada.
Of 4 musical and scientific character. 10
| ssll 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
such terms and conditions and In such
manner and at such times - may bs do.
tsrmined BY Board Of Managers 10 be
selected for that purpose BY the Board Of
Trustees Of this company" II Ii pro.
yided that 30 much Of the proceeds OF said
entertainments "ss may be deemed proper
by he Board Of Trustees. but not lees than
$50. 900, from each entertainment. are 70
bs placed In the State Treasury OF the
Stsie Of Nevada 70 be used only for such
charitable and benevolent purposes a. may
Be dessrmined By the Legislature Of the
Stats Of Nevada."
The "Aet 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
purpose approved March .. 1881, de-
clsres that "it shall be lawful for the Ne.
yads Benevolent Association Of the State
Of Nevada 70 give not exceeding hve public
entertainments or concerts; TO sell tickets
Of admission 10 tho same ~ distribute
among tho holders Of such tickea personal
property, real estate. things In action. de-
mands or other valuables. and 10 regulate
the distribution Of all such property or
Rifh by raftie or other schemes Of like char.
scter." (Stat. 1881. l66. SEQ. ~
The information filed BY the 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 . ." 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, hold and distribute amongst
the holders Of such tickets personal pro.
perty. real sstate. chooses In action and
other valuable things." upon the Act Of
the Legislature above referred 10.
The facts set forth In the information
are admitted BY respondents TO bs true.
Are the acts Of respondents without war
rant a lawf
Il the Act Of the LegisltuS sSoroved
March Q, 1881, coustitutionke.S
First-Is the scheme or enterprise In
which tho "Nevada Benevolent Associa-
ton" II engaged . lottsryf
This question u answered In the amrmi-
Az ~ H.. rH In
parts Blanchard. 8 New, l0i. Is that de-
cision corrsctf II certainly 10. II 10 sus-
Is.irsd-by every decision that has been
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact. We are now
earnestly asksd to declare that the musical
entertainment which the Nevada Benevo-
lent Association proposes 70 giye 10 not 2
lotteIy. ., why notr What II Notary
Every scheme for the distribution OF prizes
BY chance 10 lottery. tGovernor'sof Of the
Almshouss OF New York W. American Art
Union. z N. r., 2ss; Dunn W. The Peo-
pie, 40 Ills. 467 State 70. Shorts. 50 N.
j.; L.. l0i; Randls W. Stats, a Tex.
SIS Chavannah ". State. 10 Ala. s96
Commonwealth 70. Mandsrneld. 8 Phil.
45s; United Statss W. 0lney, Abb, U.
u. 27s.)
A lottery Il . game Of hazard In which
small sums are ventursd for the chance Of
obtaining greater. bell VI. s'ass' D
Snssd.. 60sJ
"a cnntrivance for the distribution Of
prizes by chance . reliance upon the
rssults Of hazard decision Of the values
of the adventurer's investment OF the
favors OF fortune" u riottsry. tweodsn
70. shotwsll, Z ZAb., 1851
"Where Q pecuniary confederation 10
paid. and u 10 determined BY lot or chance.
according 10 some scheme held out 10 the
| public what the party who pays the money
70 TO have for IL. or whether be 10 10 have
anything. 10 10 Q lottery" (Stats W.
Clarke. IS N. H.. 335; Hull W. Ruggles.
| 50 n. Y, ALL
II makes no difference what name 10
given to the scheme.
4 thorn By any other name woald prick - deep.
When the element Of chance enters into
the distribution Of prizes IL 10 . lottery.
without rsfsrsnce 70 the name BY which 1t
10 called.
"Hs may choose TO call his business .
gift sale" said the Court In Dunn W. Pso-
Die, supra, "butit 10 none the less lot.
tery,. and We cannot parmit him to evsds
| the penalties Of the Law BY 20 transparent
| device - . mere change Of name. IL 10
differs from ordinary lotteries the diner.
sncs lies chiefly In the fact that IL 10 more
artfully eontrived TO impose upon the ig'
norant and credulous. and 10, therefore,
more thoroughly dishonsst and injurious
10 society,""
"Ths name given to the process and The
form Of the machinery used to accomplish
the object are not material. provided the
substance Of the transaction II distribu.
tion or disposition Of property BY lot"
(etate W. Clarke. supra)
"Courts will not inquire into the name'
but will determine the character Of the
scheme BY the nature Of tho transaetion
| or business In which the parties are en-
gagged" (Randls ". STATE, supra.)
"The 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 oon'
oerts.'" (Ex pirts Blanchard. supra.)
"The fact that NO plan Of distribution has
been determined upon does not relieve the
scheme OF iu character - lottery
L tAaoA3es W. q sSPaSs W AAAsst ASS1
"Nor 10 IL materiAl." said the Court oi
Appeals In the American Art Union case,
"to tho question In hand that the prizes
we're not known and designated when The
tioksts or chances were subscribed and
paid for. The scheme In this respect II
moro Objectionable than scheme In which
the prizes are prsviously hxsd. because Il
Affords less security 10 the subscribers tha
the chance purchased 10 worth the none,
We Arc Of opinion that the facts stated
In the articles Of incorporation. In th'
statutes, and In the information. show tha
he scheme u one whereby the Lsgislatur'
Of this State. In confederation Of the sun
Of S2so, 900, 70 10 placed In The stas'
Tressury, 70 the credit Of the Insane ant
Chsritabis Fund" Attempted 70 aushoris'
he managers Of the +" Nevada Bsnsveien
Lssocistion /" 70 enrich their own pockets
a. the expense Of the people OF this sns
other States. BY holding out promises Q
the great and sudden gains that might D
acquired By The ticket holdsrs; INA
golden prizes would b "ths lure 70 IN
L n