Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-24
SUPREME COURT DECISION.
The Lottery scheme sf che he
vada nsaevslsss Associates De-
slsseA Uneosssisasisaal.

The Lottery scheme Of shs He
vaas nss.vsisss Assssiasiss DE-
sisssa unsssssisssisaaa.
UNANIMOUS oprSIoS.l
On the 18th day OF February. A. D.
1881, articles Of incorporation Of ths "Ne-
vads Benevolent Association" wsrs dled
In the oftioe OF The County CLARK Of Storey
county. The object Of the oorporstion
being "to establish and carry on the
business Of providing for. and giving pub
lie sntsrtainmsnts. In the 6tats Of Nevada,
Of musical and scientific character. to
ssll toksn Of admission 10 such entsrtain.
msnn, and 70 purchase. hold and dis
tribute among the holders Of such tickets
psrsonL property. real sstate. chooses In
sotion and othsr valuable thing. upon
such terms and oondisious and In such
manner and at such dmas - nay b do
tsrmined by Board Of Managers 70 be
sslsotsd for that purposs By the Board Of
Trustsss Of this company" It u pro.
yided that 70 much Of ths procseds Of said
sntsr tsinments '.ss may be deemed propsr
by the Board Of Trustees, but NOT les than
$50. 900. from each sntertaiumsnt. are 70
b placed In The 6tats Treasury OF ths
Stais Of Nevada 70 b ussd only for sueh
charitable and bsnsvolsnt purposes y may
b determined By ths Legislature OF tho
Stats Of Nevada"
Tho "Aes 70 Aid the Nevada Bsssvolsnt
Assoeiasion In aiding In providing means
Tor the caro- and maintenance Of the In
sane Of Nevada, and for other charitable
purposes'' (spprovsd March .. iSsll do
clare that "it shall b lawful for the Nc.
yada Benevolent Association Of the State
Of Nevada 70 give mot breeding ave public
entertainments or concsfts; 70 sail tickets
Of admission 10 the name; ~ distribute
suong the holders Of such tickets personal
pi iopsrty, real estate. things In action. do
mands or other valuahles, and 70 regulate
the distribution Of all such property or
eifts by rafsis or other schemes Of liks char
sctsr." tStat. 1881, l6S. SEQ. ~
The information flsd By the Attorney.
General alleges that respondsnn. - Trus-
tees Of said association. are. without war.
rant Of law. advertising. printing,
circulating and selling tickets for public
sntsrtainmsnts . -" and that they
:. base THAR rights 70 advsrtiss. print. otr.
culats and sell tickets for the said public
exhibitions or entertainments, and 70 pur-
chase. use, hold and distribute amongst
the holders Of such tickets personL pro.
perty, real estate, chooses In action and
other valuable things." upon the Act OF
the Legislature above referred 70.
The faots set forth In the information
are admitted by respondents 70 be true.
Are the acts Of respondents without war
rant Of law7
II the Act Of the Legislature. approved
March Q. 1881. constitutionalf
fint-Is the scheme or enterprise In
which the "Nsvsda Benevolent Associa.
ton Z" IL engaged . lotteryf
This question II answered In the afhrms-
tive By the decision Of this Court In sx
parts Blanchard. 9 New, l04. II that de-
cision correct2 II certainly II. II b sus.
taired BY every decision that has been
rendered BY tho various courts In the
United States upon this question.
earnestly asked TO declare that the musical
entertainment which the Nevada Bensvo-
lent Association proposes to give u not :
lottery. Why noti What 10 lottsry =
Every scheme for the distribution ofprixss
by chance II lottery. tGovsrnor's Of the
Almshouss Of New York ~. American Art
Union. z N. Y... 2s9; Dunn 70. The Peo-
pie. 40 Ills, 467; Stats ". Shorts, 81 N.
j.; L.. 40i; handle ". Stats. a Tex.
oSs Chavannah W. State. 40 Ala. $50
Commonwealth W. Msnderfsld. 9 Phil.
4os; United stasss ". 0lnsy, Abb. U.
g.. 279.)
A lottery IL game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. Bell ". State. b
Hnsed., 609.l
"a conuivancs for the distribution OF
prizes By chance . reliance upon the
results Of hazard . decision Of the values
Of the adventurer's investment Of the
favors OF fortune" 10 . lottery. tweoden
". Shotwsll. 4 Zab.. 1861
"where . pecuniary considsration 10
paid. and Il II dstermined By lot or chance.
according 10 soms scheme held ont TO the
public what the party who pays the money
10 10 have for IL. or whether he 10 70 have
anything. IL IL . lottery" (State W.
Clarke. IS N. H., 8S5; Hull ". Ruggles,
SO N. Y, 427.)
Il makes no difference what name 10
given 70 tho scheme.
A rose By suy other name would smell - sweet;
. thSrn By any other nams woaid prick - dssp.
When the element Of chance sutsrs into
the distribution Of prisss Il II lottery.
without reference 70 ths name By which II
II called.
"He NAV choose TO call his business .
Gift sals," said the Court In Dunn ~. Poo.
Die, supra, "but IL II none the less lot.
isry, and ws cannot permit him to svsds
the penalties Of the Law BY % transparent
q device - Q mere change Of name. III 1t
difisrs from ordinary lotteries the diner-
snce liss chiefly In the fact that IL 10 more
srtiully contrived TO impose upon the ig.
norsnt and oredulous. and u, therefore,
more thoroughly dishonsst and Injurious
70 society,""
"Ths name given TO the process and the
form Of the machinery used 70 accomplish
the object are NOT material. provided the
substance Of the transaction u distribu.
tion or disposition Of property BY lot"
(atats ". Clarke. supra.)
Courts will not inquire into the name,
but will dstermins the character OF tho
scheme BY the nature Of the transaetion
or businsss In which the parties are en-.
eaeed." tRsndls ". Stats, supra.)
"Ths character Of the scheme IL In no
wise changed BY the charitable purpose
expressed in it, title. nor By calling the
drawings entertainments or gift con.
cern.'" (Ex parts Blanchard. suprs.)
"The fact that no plan Of distribution has
bean determined upon does not relieve the
scheme Of In character - . lottery"
tThomas 70. People. 50 Ills. 1881
Nor 10 10 material" said the Court OF
Appeals In the American Art Union case.
"to the question In hand that the prixes
were not known and designated whom the
tickets or chances were subscribed and
paid for. The scheme In this respect ID
more Questionable than scheme In which
the prizes are prsviously dxed. because II
Affords less security 70 the subscribers that
the chance purchassd 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 thai
he scheme IL one whereby the Lsgislaturs
Of this Htsts. In consideration Of the sum
Of Sas0, 900. 70 be placed In The Stat.
Trsssury, 70 the credit Of the " Insane and
Chsrita6ls Fund" attempted 70 aushortss
ths msnseera Of the Nevada Bsnsvolsni
- Sksfp n.n v,Oaknfu