Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-01
SUPREME COURT DECISION.
rhs Lsssery scheme sf che Ne
vsda nsaeveisas Assseiasies Do.
sisssd Uaeesssisasiesal.
UNANIMOUS opNrox.l

In the o0co OF tne SVony S4sSA W S~.y
county. The object Of TN corporation
bsing "to establish and csrry on the
business Of providing for and giving pub
Lie sntsrtsinmsnts. In The State Of Nevada,
Of 4 musical and soisntiAe character. 20
ali tickets Of admission 70 such sntsrtain'
ments, and 70 purchase, hold and dis
tribute among the holdsrs Of such tickets
psrsouL property, real estate. chooses IN
lotion and othsr valuable things. upon
such terms and conditions and In such
manner and at such times - may b do
tsrminsd BY Board Of Managers TO be
sslsotsd for that purpose b the Board Of
Trustees Of this company" II II pro.
vided that % much Of tho proceeds OF said
tainments ..as may Be deemed proper
by the Board Of Trustees. but not lees than
$50. 900, from each entertainment, are 70
b placed In the 6tats Treasury Of the
stats Of Nevada 10 bs used only for suoh
charitable and benevolent purpoes - may
b determined By the Lsgislasurs Of the
STATE of Asvada."
The "Aet 70 Aid the Nevada Bsnsvolsn,
Association In aiding In providing means
for the care and maintsnancs Of the In
sans Of Nevada. and for other charitable
purposes'' approved March Q. 1881, de-
ciares that "it shall bs lawful for the Ne.
yads Benevolent Association Of the State
Of Nevada to give not exceeding ave public
sntsruinmsnts or concerts; 70 sell tickets
Of admission TO the same ~ distribute
among the holders Of such ticksts personal
property, real estats. things In action, de-
fnsnds or other vslusbles, and 10 regulate
the distribution Of all suoh property or
Rifts by rafie or other schemes OF like char
seter." tStat. 1881, l66, Sso. ~
The information dlsd 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
sntertsipmsnts o." and that they
"bsss their rights 70 advertise. print. OR.
sula,s and sell tickets for the said public
exhibitions or entertainments, and 70 pur.
chase. uss. hold and distributs amongst
the holders Of such tickets personal pro.
perty. real estate. chooses In sction and
other valuable things." upon the Act Of
the Legislature above referred TO.
The facts oct forth In the information
are admitted BY respondents 70 b true.
Are the acts Of respondents without war
rant Of lawf
Il the Act Of the Lsgislaturs. approved
March Q. 1881, eonstitutionalf ..
First-Is the scheme or enterprise In
which the "Nevada Benevolent Assooia.
ton" II engaged lottsryf
This question 10 answered In the amrms-
tive By the decision Of this Court In a.
parts Blanchard. 9 New, l04. II that de-
cision corrsctf Il certainly II. IL II sus-
tairsd BY every decision that has been
rendered BY the various courts In the
United States upon fhis question.
Notwithstandipg this fact, We are now
earnestly asked to declare that the musioai
entertainment which the Nevada Bensvo-
lent Association proposes 70 give 10 not 2
lottery. why uotf What 10 . lottery
Every scheme for the distribution OF prizes
By chance 10 . lottery. tGovernor'sof the
Almshouss Of New York ". American Art
Union. Z N. T.. 2ss; Dunn ~. The Peo-
pie, 20 Ills. act State ". Shorts, s2 N.
j.; L.. t0l handle ". Stats. ~ Tex
68s Chavannah W. STATE. - Ala. 396
Commonvsalth W. Mandsrfeld. Phil.
l39; United states ". olnsy. l Abb, U.
B.. 27s.)
A lottery 10 Q game Of hazard In which
smsll sums are ysntursd for the chance Of
obtaining greater. tBsll ". State, .
snssd.. 60o.I
"a contrivsncs for the distribution OF
prisss By chance reliance upon the
rssuls Of hazard decision Of the values
Of the adventurer's Investment OF the
favors OF fortune" 10 . lottsry. tWeodsn
". shotwsll. 4 Zab.. 1857
"whsrs . pecuniary consideration IL
paid. and II 10 determined By lot or chance.
according 70 some scheme held out 70 the
public what the party who pays the money
Il to have for II. or whether he 10 10 have
anything, II 10 Q lottery" (Stats vs.
Clarke. IS n. r.. SIS; Hull ". Ruggles,
Sc N. T., ALL 90 .
Il makes no difference what name ID
given 10 the scheme.
A rose By an, other name would .mell = syss,'
When the element Of chance sntsrs into
the distribution Of prizes IL u lottery,
without rsfsrsncs 70 tbs name By which II
10 called.
"Hs may choose 70 call his business {
Rift sals," said the Court In Dunn W. Peo'
pls, supra, "but IL 10 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 nsms. II II
dif5ers from ordinary lotteries the difsr'
snos liss chiefly In the fact that IL ID mort
srtfully contrivsd to impose upon the ig
norant and crsdnlous. and 10, therefore
moro thoroughly dishonest and injurioui
70 society"
"The name given 70 the process and The
form Of the machinery used TO accomplish
the object are not material. provided ths
substance Of the transsction II distribu
tion or disposition Of property BY lot"
(stats ". CLARKE. supra.
"Courts will not inquire into the name
bot will determine the ehsraeter OF the
scheme By the nature Of the transactiou
or business In which the parties are en-
gagsd." tRandls ~. State. supra.)
"Ths character Of the scheme 10 in nc
Wise changed By the charitable purposs
expressed In It, title. nor BY calling the
drawings entertainments or gift con
certs.'" (Ex psrts Blanchard. supra.)
"Ths fact thstno plan Of distribution hai
been dstsrminsd upon does not relieve th,
scheme Of In character - . lottery
Thomas 70. People. 80 Ills. 1881.
"Nor 10 IL material" said the Court o.
Appeals in the American Art Union case
"to the question In hand that the prizs'
were not known and designated whom th,
tickets or chances we're subscribed snt
paid for. The scheme In this respect 4
more Questionable than scheme In whicl
the prizes are previously hxed. becauss 1
saords less security 10 the Subscribers tha
y: ss.ns: p. :: guraAa''d is worth The money
We are Of opinion that the facts statet
IN the articles Of Incorporation, In th
statutss, and In the information. shov tha
ths scheme d one whereby the Legislatur
Of this ssass, In oonsidsrstiou Of ths sun
Of S2s0, 600, 70 b placed In the Stat
Trsasury, 70 Tie credit Of The "Insans AM
Chsriubis Fund.-" attempted 70 authoris
~ nsnsssrs Of The /" Nevada Bsnsvolen
Issociation " 70 enrich their own pockets
~ the sxpsnss Of the people Of this AM
othsr States, By holding out promises Q
the great and sudden gains that might D
scouirsd. by The ticket holden; ina
roidsn pilsss would b the lure 70 IN
cite ths ersdulous and unsuspsstins ine
this scheme"
In the light Of al ths iasts that hav
been presented 10 would b absurd 70 a.
thai the nanagses Of this schsms are sim
II u A.. - -