Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-30
SUPREME COURT DECISION.
The Lsss~Sy scheme % shs Nc
vsaa nss-vsssss Assesissisa Dc.
sis.ed esasstsassoasl.
IrxAxrxous opxIos.l

pofwOust PkVPoASs A.e& ~ =
action and other valuable things. upor
such terms and conditions and In sucf
manner and at such umes - may be 90
tsrminsd BY Board Of nanasers to b
selected for that parpose BY the Board ol
Trustees Of this company" u II pro
vided that 20 much Of the proceeds OF SAID
enter tainmsnn ..ss may BE- deemed proper
by the Board Of Trustees. bus not lsss than
CSC, 900, from each ENTERTAINMENT are q
be placed In the Stats Treasury Of thu
Stats Of Nevada 10 be used only for such
charitable and benevolent purposes - may
30 determined By the Legislature OF thu
State Of Nsvada-"
The "Act to Aid the Nevada Benevolent
Association In aiding In providing means
for the care and msintenancs Of tho In
sane Of Nevada. and for other charitable
purposes' approved March ,, lS8l, do
clsrss that '.it shall be lawful for the Ne
yada Benevolent Association Of tbs State
Of Nevada to give not exceeding Ave public
eutsrsainrnsnts or concerts; 10 sell uckets
Of admission TO the same ~ distribute
among the holders Of such ticketa personal
property. real estate, things In action. de-
mands or other valuables, and TO rcgulats
tno Qlbulpulou W IA seou k.sf~S We
gifts BY rstfis or other schemes OF like CHAR
sctsr." tStat. 1851, leg. seo. H.
The information dlsd by the Attorney
General alleges that respondenta. - True
tses Of said association. are. without war
rant Of Law. advertising. printing,
circulating and selling tickets Tor public
entertainments ." and that they
" base their rights to advertise. print. cir
culats and sell tickets for the said public
exhibitions or entertainments, and ~ pur-
chase. use. hold and distributs amongst
the holders OF such tickets personal pro.
perty. real estate. chooses In acion ana
other valuable things," upon tho ACT OF
the Legislature above referred 70.
The facts set forth 10 the Information
are admitted BY respondents 70 % uue.
Are the acts Of respondents without war
rant Of law1
Il the Act Of the Lesislaturs. approved
March Q, 1881, constitutionalf -
Firs.-Is the scheme or enterprise In
which the "NsvadA Benevolent AssooiA'
ton" 10 engaged lottsryf
This question II answered In the amrmAr
tive BY the decision Of this Court in %
parts Blanchard. 3 Sev., los: ID tnat de'
cision correct2 IL certainly 10. IL u aus
tairsd BY every decision that has BEEN
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact. We are nov
earnestly asked TO declare that the musical
entertainment which The Nevada benevo-
lsnt Association proposes TO give 10 NOS :
lottery. Why notf what 10 ioNery
Every scheme Tor the eomulputon ot Ptikoa
S,mshons. N N.v York N. American Ar,
rn,nn TN V osa Dunn M. The Peo.
pie. AZ Ills. 4S7 stats ~. Shorts. 80 N.
j.; L.. <0l; handle ". State, ~ Tex
685 ; Chavannah ". State. ~ Ala. Sss
Commonwealth W. Aandsrnsld' fhI;'
439; Uuissd statss ". olney, I Abb, U.
H., 37s.)
A lottery IL game Of hazard In which
small sums are vsntured for the chance oi
obtaininx greater. bell W. s'ats'
Snssd.. 609.l
"A contrivsnce for the distribution OF
price BY chance; . reliance upon the
results Of hazard; . decision Of the values
Of the Adventursr's investment Of the
fsvors OF fortune" 10 . lottery. tWGoden
W. Shotwsll, 4 Zab., 1857
Where Q pscuniary consideration ID
paid, and Il 10 dstsrmined BY lot or chance.
according 70 soms scheme held out to the
public what the party who pays the money
IL to have for II. or whether he 70 to have
anything. 10 10 . lottsry." (stats w.
Clarke. IS N. H., SIS Hull W. huggies.
Sc N. T., ALL
II makes no difference what name 10
given 10 the scheme.
...,....,,..,.
res suS 0sas. s, asr,s soniS n,isi ~ Sssp.
When the element OF chance sntsre into
the distribution Of prizes u 10 alotery.
without reference TO the name BY which II
10 called.
"Hs may choose 70 call his business
gift sale" said the Court In Dunn W. Pso'
ple, supra. "but IL 10 none the less lot
tsry, and we cannot permit him to evads
the penalties Of the law by 90 transparent
q device - q mere change Of name. II II
differs from ordinary lotteries the direr'
ence lies chiefly In the fact that II In more
artfully contrived 10 impose upon the ig
norant and credulous. and 10. therefore,
more thoroughly dishonest and injurious
10 society,""
The name given to the process. and ,st u. I
form Of tho machinery used 70 accomplish
the object arc not material. provided ths
substance Of the transsction 10 . distribu
tion or disposition Of property by lot.
tHtate VI. CLARKE, snpra.)
"Courts will not INQUIRE into the nsme
but will determine the character Of th,
schsn,s bv The nature Of the trsnsactior
or businsss In which the parties are en-
gsgvd." tRsndls ". State. supra.)
"Ths character Of the scheme IL In NJ
Wise changed BY the charitable purpos'
expressed in it, title. nor BY calling th'
drawings entertainments or gift CON
oers.'" (Ex psrte Blanchard. supra
"The fact that no plan Of distribution ha
been determined upon does not relieve th'
scheme Of its character - lottery.
| Thomas vs.. People. 50 Ills. 1881
"Nor 10 IL material" said the Court o
Appeals 10 the American Art Union case
40 the question In hand that the prise
were not known and designated when th
tickets or chances were subscribed an,
paid for. The scheme In this respect
more obIectio able than Q scheme In vhiol
ths pri1.s are prsviously fixed, because