Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-21
SUPREME COURT DECISION.
The Lottery scheme ef she Ne.
vsda 1essveisss Assseasssss DE-
slsssd Uaeeassisatioosl.
IrsAxrxors opNIox.l

On the lStn oAy VI EeSfoafys As ~
1881, articles Of incorporation Of the "Ne.
ysda Benevolent Association" were nisd
IN the ooics 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 entertainments. In the 6tate Of Nevada.
Of q musical and scisntiAe character. TO
ssll tickets Of admission TO such entertain
nspts, and 70 purchase. hold and dis
tribute among The holders Of such tickets
personal property. real estate. chooses In
sction and other valuable things. upon
such terms and conditions and IN such
manner and at such times AAmay b do
tsrminsd BY Board Of Nsnagers TO be
selected for that purpose BY the Board OF
Trustees Of this company" Il u pro-
yided that % much Of the proceeds Of said
On tar rtainmsnts "as may be deemed proper
By the Board Of Trustees. bat mot less than
81. 900, from each entertainmsnt. are 70
BE- placed In the Stats Treasury Of the
Stats Of Nevada 10 b used oaly for sueh
chsrisahis and t-ns volsnt purposss - may
b dsssrmiued By the Legislature Of the
State Of Nsvads."
The "Act TO 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" (spprovsd March .. 1851. de-.
clsres that "it shall Be- lawful for the No.
vada Benevolent Association Of the State
Of Nevada TO give not s1cseding i've public
entertainments or concerts; 70 sell tickets
Of admission TO the same ~ distribute
smong the holders Of such tickets personal
property, real estate, things In action, de-
mands or other valuables. and 70 regulate
the distribution Of al such property or
Rifts by rattle or other schemes Of like char
sctsr." (Stat. 1881. l68, SEQ. ~
The information fled by the Attorney
General alleges that respondents. a. Trus-
tees Of said association. are. without war.
rant Of law. advertising, printing,
circulating and selling tickets for public
entertainments -, and that they
" base their rights to advertise. print. cir.
eulats and sell tickets for the said public
exhibitions or entertainments. and 10 pur.
chase. uss. hold and distribute amongst
the holders Of such ticksts personal pro.
perty. real sstate. chooses In sction 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 be true.
Are the acts Of respondents without war
rant Of law?
Il the Act Of the Legislature. approved
March 9. 1881, CONSTITUTIONAL
First-Is the scheme or enterprise In
which the "NevadA Benevolent Associa.
tion" /" 10 engaged lotteryf
This question II answered In the amrma-
tive by the decision Of this Court 10 sr
parts Blanchard, . New, l0a. Il that do
cision correct7 II certainly 10. II IL sus.
tairsd 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 Benevo-
lent Association proposes 10 give II not
lottery. Why notf What 10 . lottery?
Every scheme for the distribution ofprixss
by chance 10 . lottery. Governors Of the
Almshouss Of New York W. American Art
Union. z ". r.. 239; Dunn W. The Peo-
pie, 40 Ills. 461 State ". Shorts, % N.
J.; L.. 40i; Randls ". State. "a Tex,
SIS ; Chavannah W. State, 40 Ala. a96
Commonwealth W. Mandsrneld, . Phil,
l39 United States W. 0lney. Abb, U.
g., 27sl
A lottery IL . game Of hazard In which
small sums arc vsntured for the chance Of
obtaining greater. BELL vs. State. 5
snsed.. 609.l
"a contrivance for the distribution Of
prizes BY chance . reliance upon the
results Of hazard f; . decision Of the values
favors OF fortune" 10 lottery. twCoden
1k1s-.lI 2.k 4
"where pecuniary consideration 10
paid. and II 10 determined by lot or chance.
according TO some scheme held out 70 the
public what the party who pays the money
10 10 have for IL. or whether he 10 TO have
anything. II 10 . lottery" Estate W.
Clarke. IS N. H, 8s5 Hull ": Ruggles.
SO n. Y. ALL .
II makes no difference what name II
given to the scheme.
A rose By any other nsms would smell ssswsst;
4 thorn By any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes IL 10 lottery.
without reference TO the name BY which 1t
10 called.
"He may choose 70 call his business .
Gift sale," said the Court In Dunn ~. Pso.
pls, supra, "but 10 IL none the less lot.
tery, and We cannot permit him to evade
the penalties Of the Law By 90 transparent
4 device q Q mere change Of name. II IL
difIers from ordinary lotteries the differ.
snos lies chiefly In the fact that II 10 more
srtfully contrived to impose upon the ig.
norant and credulous. and 10, therefore.
moro thoroughly dishonsss and injurious
70 society"
"Ths name given 10 the process and the
form Of the machinery used 10 accomplish
the object are not material. provided the
substanoe Of the transaction II distribu.
tion or disposition Of property BY lot"
tstats W. Clarke. supra.)
"Courts will not inquire into the name.
but will determine the character Of the
scheme by the nature Of the Transaction
or buainsss In which the parties are en-.
gagsd." (Randls W. 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 con.
certs.'" (Ex psrts Blanchard, supra.)
"The fact that NO plan Of distribution has
been determined upon does not relieve tho
scheme OF its character - Q lottery"
Thomas 70. People. 50 Ills. 1881
"Nor 10 IL 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 were subscribed and
paid for. The scheme In this respect 10
more Questionable than scheme In which
the prizes arc previously hxed. because II
Affords less security 70 the subscribers that
xh. eh ana r,urcha aaed In vorth thu mouey
paid 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 Il one whereby the Lsgislaturs
Of this State. In consideration Of the sum
Of S2s0. 900. 70 b placed In the State
Treasury, 20 the credit Of the I" Insane and
Charitable Fund.-" attempted 70 authorize
the managers Of the Nevada Benevolent
Association 70 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 b.
acquired BY the ticket holdsrs; that
golden prizes would b 1.-The lure 70 In.
cite the crsdulous and unsuspseting Into