Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-28
SUPREME COURT DECISION.
The Lottery scheme % ths Ne.
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UNANIMOUS OPINION.
On the 18th day OF February. 4. D.
1881, articles Of incorporation Of the me.
ysda Bsnsvolsnt Association" wsre nied
IN the once OF the County Clerk Of Storey
county. The object Of the corporation
bsipg "to establish and carry On the
business Of providing for and giving pub
lio sutsrtainments. In The 6tate Of Nevada,
Of musical and scientific character, 10
al ticksti Of admission 70 such entertain'
ments, and 10 purchase, hold and dis
tribute among the holders Of such tickets
personal property. real estate. chooses In
action and other valuable things. upon
such tsr,ns and conditions and In such
manner and at sueh umes q may b d.
tsrmined By Board Of Managers TO be
selected for that parpose By the Board Of
Trustees Of this company. IL pro.
vided that 20 much Of the proceeds OF said
entertainments cas- may be deemed proper
BY the Board Of Trustees. but not less than
$50. 900, from each entertainment, are 70
Be- placed In the 6tats Treasury Of the
staie Of Nevada 10 b used only for suoA
charitable and benevolent purposes - may
Be determined 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 the In
sane Of Nevada, and for other charitable
purposes'' (approvsd March Q, 1881, de-
clsres that "it shall be lawful for the No.
ysds Benevolent Association Of the State
Of Nevada TO give not exceeding hve public
entertainments or concerts; to sell tickets
Of admission TO the same " distribute
smoug the holders Of suoh tickets personal
property, real estate. things In action, de-
mands or other valuables. and to regulate
the distribution Of all suoh property or
gifts By raffie or other schemes Of like char
seter." (Stat. 1881. l66. Sec. ~
The information dlsd BY the Attorney
General alleges that respondents, - Trus-
tees Of said association. are, without var.
rant Of law. advertising. printing,
circulating and selling tickets for public
entertain ments . o" and that they
:. base their rights to advertise. print, cir.
oulats 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 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 10 be true.
Are the acts Of respondents without war
rant Of lawf
Il the Act Of the Legislature. approved
March Q, 1881, constitutionalf
First-Is the scheme or enterprise In
which the "Nsvads Benevolent Associa.
ton 10 engaged . lottsryf
This question 10 answered In the afnrma-
tive by the decision Of this Court In sx
ports Blanchard. . New. loA. II that do.
cision correctf II certainly 10. IL 10 sus.
tairsd BY every decision that has been
rendered BY the various courts In the
United States upon this question.
Notwithstanding this faot. We are now
earnestly asked 10 declare that the musical
entertainment which the Nevada Bsnevo-
lent Association proposes to give 10 not .
lottery. Why not2 What 10 . lottery
Every scheme for the distribution Of prizes
By chance 10 q lottery. (Governor'so Of the
Almshouss Of New York ". American Art
Union. z N. Y.., 2s9; Dunn ". The Peo.
pie. 40 Ills, 467 State W. Shorts, 50 n.
j.; L.. 40l i; Randls W. State. "a Tex.
SIS Chavannah W. State. 20 Ala. $50
Commonwealth W. Msndsrdeld. 8 Phil,
45e; United states ". oinsy, Abb, U.
h.. 27s.)
A lottsry 10 game Of hazard In which
small sums are vsntured for the chance Of
obtaining greater. BELL ". stats, D
snssd.. 6o9.l
"a contrivsnee for the distribution Of
prizes BY chance; reliance upon the
results Of hazard . dscision Of the values
Of the sdventurer's Investment Of the
favors Of fortune" 10 lottery. (wGodsn
W. Shotwell, { ZAb., 1851
"whers . pscuniary confederation ID
paid. and IL 10 determined BY lot or chance.
according 10 some scheme held out 70 the
public what the party who pays tho money
II TO have for IL. or whether he 10 10 have
anything. IL 10 . lottery" (Stats W.
Clarke. IS N. H.. sa5; Hull VI. Rugsles,
SO N. Y, ALL .
II makes NO difference what name ID
given 10 the scheme.
A rose by any other name would smell % sweet;
4 thorn By any other name would prick - deep
When the element Of chance sntsrs Into
the distribution Of prizes IL II . lottery.
without reference 70 the name BY which II
10 called.
"He may choose TO call his business q
Gift sals," said the Court In Dunn W. Pso-
Die, supra. "but IL 10 none the less lot
tery, and ws cannot permit him to svads
the penalties Of the Law By % trsnspareni
. device - . mere change Of name. II II
diners from ordinary lotteries the diffsr'
sncs lies chiefly In the fact that IL IL more
artfully eontrived to impose upon the ig
norsnt and credulous, and 10, therefore,
more thoroughly dish0nsss and injurious
70 society,""
"Ths name given to the process and the
form Of the machinery used 10 accomplish
the object are not material, provided the
substance Of the trsnsaction 10 distribu
tion or disposition Of property BY lot"
(stats ". CLARKE. supra-)
Courts will not inquire into the name
but Will determine the character Of the
scheme by the nature Of the transsctior
or business In which the parties are en-
ssged." tRandls ". State, SUPRA
"Ths character Of the scheme II In nc
wise changed BY the charitable purposs
expressed in its title. nor BY calling the
drawings entertainments or gift con
certs.'" (Ex parts Blanchard. suprs.)
"The fact that no plan Of distribution ha'
been dstsrmined upon does not relieve th,
scheme Of its character - . lottery
tThomas ". People. 90 Ills. 1881
"Nor 10 10 material" said the Court q
Appeals In the American Art Union case
"to the question In hand that the price
we're not known and designated vhsn th.
tickets or chances were subscribed ant
paid for. The scheme In this respect !
more Questionable than scheme In whicl
the prizes are previously dxed. because !
Affords lsss security 70 the subscribers tha
the chance purchased 10 worth the mono!
paid for it."
We arc Of opinion that the facts statet
In the articles Of incorporation. In tn
statutes, and In the information. show tha
the scheme IL one whereby the Legislatur'
Of this stats, In consideration Of the sun
Of Saso, 200, 10 b placed In the Stat
Treasury, 70 The credit Of the " Insane AM
Chsritabls Fund.-" attempted 70 suthoriz
he managers Of the Nevada Bsnsvolsn
Association " 70 enrich their own pockets