Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-02
SUPREME COURT DECISION.
The Lottery scheme OF che Ne
vsds B~susvelsss Associates Dc.
eisrsd uneesssisusienai.
UNANIMOUS orrxros.I

Ou tno l6tn Gay Oh tepruhtys ~. "
1881. articles Of incorporation Of the '.Ne.
vAdA Benevolent Association" wore died
In the Office OF the County Clerk Of Storey
county. Tho object OF the corporation
being Ito establish and carry on the
business Of providing for and giving pub
lilo entertainments, In the State Of Nevada,
Of . musical and scientific character. to
sell tioketa OF admission 10 such entertain
ments, and 70 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 ut such times - may DO de-
tsrmined by . Board OF Managers 70 be
selected for that purpose BY the Board Of
Trustees Of this company" II 10 pro.
yided that 90 much Of the proceeds OF SAID
entertainments 'G may be deemed proper
BY the Board Of Trustees, but not less than
| S50.0U0. from each entertainment, are 70
be placed In the State Treasury OF the
Htate Of Nevada 10 be used only for such
charitable and benevolent purposes - may
be determined by the Legislature Of the
State Of Nevada."
The "Aot to Aid the Nevada Benevolent
A1oSSAsASA eAsa6 AZ
for the care and maintenance Of the In
sane OF Nevada. and for other charitable
purposes approved March 8, 1881, de-
clares that "it shall be lawful for the Nc.
vada Benevolent Association Of the State
Of Nevada 70 give not exceeding I've public
entertainments or concerts; to sell tickets
Of admission 10 the same ; ~ distribute
among the holders Of such tickets personal
property. real estate. things In action, do.
mands or other valuAblss. and 10 regulate
the distribution Of al suoh property or
gifts by rsfis or other schemes Of like char
acter." tstat. 1851, l66, Sec. ~
The Information filed by tho 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 10 advertise. print, cir.
oulste and sell 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 eststs, 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 acts OF respondents without war
rant OF lsw2
Il tho Act Of the Legislature. approved
March o. 1881, CONSTITUTIONAL
First-Is the scheme or enterprise In
which the "Nsvsds Benevolent Associs-
ton " Ia engaged . lottsry2
This question Is answered In the afirms.
tive by the decision Of this Court In er
parts blanchard. Q New, l04. Is that do
cision oorroct2 It certainly 10. 1t il sus.
taired BY every decision that has boen
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact, We are now
earnestly asked 10 declare that the musical
entertainment which the Nevada Bensvo-
lent Association proposes 10 give II not Z
lottery. Why not2 What Ia . lottery .
Every scheme for the distribution Of prizes
by chance IL . lottery. Governors Of the
Almshouse Of New York W. American Art
Union. 2 N. ", $50; Dunn W. The PEG.
pie, 40 Ills, 487 State vs.. Shorts, ~ N.
j.; L., 40l Randle W. State, a Tex.
685 I; C~hAvannsh W. State. 40 Ala. 1876
Commonwealth vs.. M%AnderHeld, 8 Phil,
$50 (; United States vs.. Olney, l Abb. U.
g., a7s.J
A lottery Is Q game OF hazard In which
small sums are vontured for the chance Of
obtaining greater. BELL vs.. State, 0
Sneed., 609.l
"a continuance for the distribution Of
prizes by chance . reliance upon the
results Of hazard Q decision Of the values
Of the adventurer's investment Of the
fsvors OF fortune" IL . lottery. wooden
VI. shotwell, 4 Zsb., 1857
"Where . pecuniary consideration 10
paid, and IL 10 Determined by lot or chance.
according 70 some scheme held out TO the
public what tho party who pays the money
10 to have for IL, or whether no 10 TO have
anything, IL 10 . lottery" (State vs..
Clarke, ~ N. H., Ss5 Hull vs.. Ruggles,
So N. Y, 427.) **** =
II makes no difference what name ID
given to the scheme.
A rose BY any other name would smell % sweet;
a thorn by any other name would prick "a deep
When the element Of chance enters into
the distribution Of prizes II 10 . lottery.
without reference 70 the name by which II
II called.
"hs may choose 4 call his business q
gift SALE" said the Court In Dunn W. PEG.
pie, supra, "but IL 10 none the less . lot.
tory, and We cannot permit him to evsde
tho penalties Of the law by 90 transparent
. device a. . mere change Of name. II II
differs from ordinary lotteries the differ.
snce lies chiefly In the fact that II 10 more
srtfully contrived to impose upon the ig.
norant and credulous, and 10. therefore,
more thoroughly dishonest and injurious
70 society,""
"Ths name givon TO the process and the
form Of tho machinery used TO accomplish
the object are not material, provided tho
substance Of the transaction IL . distribu.
tion or disposition Of property by lot"
Estate W. Clarke, suprs.)
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" (Randls 70. State, supra.)
1.-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 parte Blanchard, supra.)
"The fact that no plan Of distribution has
been determined upon does not relieve the
Il 5Cuonu Va " ShsAeStok - tobtSiys
Thomas ". People. SO Ills. 1881
"Nor 10 1t MATERIAL" said the Court Of
Appeals In the American Art Union case,
80 the question In hand that the prizes
were not known and designated when the
tickets or chances we're subscribed and
paid for. The scheme In this respect IL
more Questionable than . scheme IN which
the prizes are previously fxed. because It
Affords loss security TO the subscribers that
the chance purchased il 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 the Legislature
Of this State, In consideration Of the sum
Of $3.50, 900, 70 be placed In tho State
Treasury, 70 the credit Of the "Inssne and
Charitable Fund" Attempted 10 authorize
the managers Of the "NovadA Benevolent
Association " 70 enrich their own pockets,
at the expense Of tho people Of this and
other States, BY holding out promises OF
the great and sudden gains that might be
acquired by the ticket holders; that
golden prizes would DO " the lure 10 In.