Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-11
SUPREME COURT DECISION.
rns Lottery scheme Of the Ne
vada nss-voieas Asssssasisa De-
Glazed ssssisustoaal.
UNANIMOUS oprSioS.l

lie entsrtairmsnh, In the State Of Nevada
Of q musical and scientific character. Y
sell tickets Of admission TO such entertain
ments, and to purchase, bold and dis
tribute among the holders Of such ticket
personal property. real estate, chooses ir
action and other valuable things. upoI
suoh terms and conditions and In sucf
manner and at such times - may be do
termined by Board Of Managers to bt
selected for that purpose BY the Board o.
Trustees Of this company" II IL pro
vided that so much Of the proceeds OF sait
enssrtainments .'ss may be deemed propei
By the Board Of Trustees. but not lsss thar
CSC. 900, from each entsrtainmsnt, are V
be- placed In the Stats Treasury OF the
Btsis Of Nevada to Be used only for such
charitable and benevolent purposes - may
bs determined BY the Legislature Of the
State Of Nevada"
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
purpose approved March .. 1851, de
clarss that ''it shall be- lawful for the Ne
ysd. Benevolent Association OF the Stats
Of Nevada to give not exceeding hvs public
entertainments or concerts; 70 sell tickets
OF admission to the same to distribute
smong tho holders Of such tickets personal
pi operty, real sstats. things in action, do
mands or other valuablss. and to regulsts
the distribution Of all such property OF
Eifts BY rattle or other schemes OF like char
sctsr." tStat. 1851. l66. Seo. ~
The information hlsd BY the Attorney
General allegss that respondents. - Trus'
tees Of said association. are, without war
rent Of law. advertising. printing,
circulating and selling tickets for puslic
entertainments . -" and that they
:. base their rights to advertise. print. oir'
culate and sell tickets for the said public
exhibitions or entertain ments, and ~ pur.
chase. use. hold and distribute amongst
the holders Of such tickets personal pro-
psrty, 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 70 DO true.
Are the acts Of rsspondsnta without war
rant Of law2
Il the Act Of the Legislature. approved
March 3, 1881, constitutionalf
First-Is the scheme or enterprise 10
which the "NsvsdA Benevolent Associa.
ton" II engaged . lottsryf
This question IL answered in the amrmA-
tive by the decision Of this Court In sx
parte Blanchard. . New. l04. Is that de-
cision cvrrvct2 II certainly is. II II sus.
taired by every decision that has been
rendered BY tho 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 TO give IL not
lottery. Why not7 What In . lottery 7
Every scheme for the distribution Of prizes
by chance IL . lottery. tGovsrnor'sof the
Almshouss Of New York W. American Art
Union. Z N. ". 23s; Dunn ". The Peo-
ple, ~ Ills, 467 State W. Shorts, 80 N.
j.; L.. &0i Randle ". State, AZ Tex.
6S5 (; Chavannah vs. State, 4s Ala. Ss6
Commonwealth VS.. MandsrHsld, 8 Phil.
45s f; United States VI. 0invy. Abb, U.
s.. 279.l
A lottery is Q game Of hazard In which
small sums are ventured for the chance oi
obtaining greater. BELL W. State, D
Sneed.. 609.l
"a contrivance for tho 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. lwGoden
W. shotwsll. 4 Zab.. 1851
"where . pecunisry consideration 10
paid. and IL il determined BY lot or chance.
according to some scheme held out 10 the
public what the party who pays the money
10 TO have for 1t. or whether he 10 to have
anything, IL 10 . lottery" (State Va.
Clarke. 33 n. H., SS5 Hull vs. Ruggles.
So N. Y, A27.) =
II makes no difference what name 10
given to the scheme.
A rose by any other name would smell ssswes';
When the element Of chance enters into
the distribution Of prizes IL II . lottery.
without reference to the name by which It
10 called.
"Hs may choose to call his business Q
gift SALE" said the Court In Dunn W. Pro.
pie, supra, "but IL IL none the less lot.
terry, aud We cannot permit him to evade
the penalties OF tho law by 80 transparent
q device a. Q mere change OF name. II 10
differs from ordinary lotteries the difer-
snce lies chiefly In the fact that IL Ia more
artfuily contrived to impose upon the ig.
norant and credulous, and 10, therefore,
more thoroughly dishonest and injurious
to society,""
"Ths name given to the process and the
form Of the machinery used to accomplish
the object are not material. provided the
substance Of the Transaction 10 . distribu.
tion or disposition Of property by lot"
(Stats 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 business in which the parties are en-
gagged" (Rsndls W. State, supra.)
"The character Of the scheme Is 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. suprs.)
"The fact that no plan OF distribution has
been determined upon does not relieve the
scheme OF its character ~ . lottery.
Thomas W. People. 90 Ills. 1881
"Nor is IL material" said the Court oi
Appeals In the American Art Union case
ITO the question In hand that the prizes
were not known and designated when th,
tickets or chances were subscribed and
paid for. The scheme In this respect !,
more Objectionable than scheme in which
the prizes are previously fixed. because 4
affords less security to the subscribers ths
the chance purchased is worth the money
psid for it,"
We are Of opinion that the facts statet
| In the articles Of incorporation, In th,
statutes. and in the information. show tha
the scheme 10 Que whereby the Legislatur'
| Of this State. In consideration Of the sun
| Of S2,O, 900. 10 be placed in the Stat
| Treasury, 70 the credn Of the Insane an,
| Charitable Fund" attempted TO authoriz
the managers Of the Nevada Benevolsa
Association " 70 enrich their own pockets
At the expense Of the people Of this ant
other States. BY holding out promises o
the great and sudden gains that might b
acquired BY the ticket holders; tha
golden prizes would be the lure to In
cite the credulous and unsuspecting Int
this scheme"
In the light Of all the facts that hav
been presented 10 would be absurd TO %,
that the managers Of this scheme are aim
ply prompted BY deeds Of charity and pur
Il a = =