Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-06
SUPREME COURT DECISION.
The Lottery scheme 81 she Ne
vada Bessvsleas Association De.
clsred Unoossaisusieaal.
UNANIMOUS OPINION.

being ITO establish and carry on the
business Of providing for and giving pub
lie entertainments, In the State Of Nevada,
Of n musical and scientific character, TO
sell tickets Of admission to such entertain.
ments, and to purchase, hold and dis
tribute among tho 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 30 do
terminsd by . Board Of Managers TO be
selected for that purpose By the Board Of
Trustees Of this company" II u pro-
vided that 90 much Of the proceeds Of said
entertainments "ss may be deemed proper
By the Board Of Trustees. but not less than
$50, 900, from each entertainment, are 70
Do placed In the State Treasury Of the
STATE Of Nevada TO DO used only for suoh
charitable and benevolent purposes - may
be determined By the Legislature Of the
State OF Nevada" u A
The "Aot to Aid the Nevada Benevolent
Association In aiding In providing means
for the care and maintenance Of the in
sane Of Nevada. aud for other charitable
purposes approved March .. 1881, de-
clares that alt shall be lawful for the Ne.
vads Benevolent Association Of the State
Of Nevada 70 give not exceeding Ave public
entertainments or concerts; 10 soil tickets
Of admission to the same ; ~ distribute
among the holders Of such tickets personal
property. real estate, things In action, de-
nands or other valuablss, and 10 regulate
the distribution Of all such property or
gifs by rattle or other schemes Of like char
sctsr." tStat. 1881, 1866, Bee. ~
The information filed by the 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 = . q" and that they
.' base their rights TO advertise, print, cir.
culate and sell tickets for the said public
exhibitions or entertainments, and 70 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 facts set forth In the information
are admitted BY respondents to DO true.
Are the aots OF respondents without war
rant oflsw2
Il the Act Of the Legislature. approved
March .. 1881. CONSTITUTIONAL
First-Is the scheme OF enterprise In
which the "Nevada Benevolent Associa.
tion" 10 engaged . lottery3
This question IL answered In the aflrmA-
tive by the decision Of this Court In a.
Parts Blanchard. 3 New, l04. Is that dc.
cision correct7 II certainly Il. 1t IL 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 now
earnestly asked to declare that the musical
entertainment which the Nevada Bsnevo-
lent Association proposes 70 give 10 not =
lottery. Why notf What II . lottery :
Every scheme for the distribution Of prizes
BY chance 10 Q lottery. (Q%overnor's VI the
Almshouse Of New York W. American Art
Union, z N. ". 239; Dunn 70. The PEG.
pie. 40 Ills, 467 STATE W. Shorts. 81 N.
j.; L.. 40l ; Randle vs. State, ~ Tex.
685 ; Chavannxh VI. State. 40 Ala. S96
Commonwealth W. Manderfeld, . Phil,
459 7; United States W. Olney, l Abb, U.
s., 279.)
A lottery il Q game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL vs.. State, s
Sneed., 509.l
"a contrivsnce for the distribution OF
prizes by chance ; . reliance upon the
results Of hazard ; . decision Of the values
Of the a~dvonturer's investment Of the
fsvors OF fortune" Is . lottery. Wooden
W. Shotwell, 4 ZAb., 1851
"Where . pecuniary consideration Ia
paid. and IL 10 determined by lot or chance.
according 10 some scheme held out 70 the
public what the party who pays the money
10 to have for IL, or whether be 10 to have
anything, II IL . lottery" (Stato ".
Clarke, ~ N. H., SS5 ; Hull W. Ruggles,
So n. Y, 427.)
1t makes no difference what name Ia
given TO the scheme.
A ross by any other name would smell IS sweet;
A thorn by any other name would prick o. deep.
When the element Of chance enters into
the distribution Of prizes IL Is . lottery.
without reference 70 the name by which I,
10 called.
"He may choose 70 call his business q
gift SALE" said the Court In Dunn VI. PEG.
Pile, supra, "but IL 10 none the less Q lot
terry, and We cannot permit him to evade
ths penalties Of tho law by so transparent
. device a. . mere change Of name. II II
differs from ordinary lotteries the differ.
ence lies chiefly In the fact that IL 10 more
artfully contrived to impose upon the ig.
norant and credulous. and 10. therefore,
more thoroughly dishonest and injurious
to society,""
"Tho name given to the process and the
form Of tho machinery used to accomplish
the object are not material, provided the
substance Of the transaction Is . distribu'
ton or disposition Of property by lot"
Estate VI. Clarke, supra.l
Courts wall 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" (Randls VI. State, supra.)
1.-THE character Of the scheme 10 In nc
wise changed BY the charitable purpose
expressed In its title. nor by calling the
drawings entertainments or gift CON
certs.'" (Ex psrte Blanchard, supra.)
"The fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of its character a. Q lottery
Thomas VI. People. SO Ills, 1851
Nor 10 IL material" said tho Court oil
Appeals Ia the American Art Union case,
TO the question In hand that tho prizes
were not known and designated when the
tickets or chances were subscribed and
paid for. The scheme In this respect 1,
more Objectionable than = scheme In which
the prizes are previously fixed, because Il
affords less security 70 the subscribers tina,
the chance purchased Is 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 thai
the scheme Is one whereby tho Legislature
Of this State. In consideration Of the sum
Of $250. 900. to be placed In the Stats
Treasury, 70 the credit OF the Insane and
Charitable Fund" attempted 70 authorize
tho managers Of the "NsvadA B~enevolen,
Association " to 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 be
acquired BY the ticket holders; tina,
golden prizes would be "the lure to In.
cite the credulous and u~nsuspecting into
this scheme"
In the light Of all the facts that have
been presented IL would be absurd to say
thar the managers Of this scheme are sim.