Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-30
SUPREME cuuRT uEcIsIun.
The Lottery Scheme Of she re-
vads usasvsisss Assseississ De-
olared Unooasiisusionsl.
[uNAxrrous orr1ox.l

On the 18th day OF February, a. ID.
1881, articles Of Incorporation OF the 'Ne-
vsda Benevolent Association" were filed
In the ofioe OF the County Clerk Of Storey
county. The object Of the corporation
being "to establish and carry On the
business Of providing for and giving pub
lilo entertainments, In the State Of Nevada,
Of musical and scientific character, 70
sell tickets OF admission 70 such entertain.
ments, and 70 purchase, hold and dis.
tribute among the holders Of such tickets
personal property, real estate, chooses IN
sotion and other valuable things. upon
such terms and conditions and In such
manner and Ut such times - may b de-
termined BY . Board Of Managers 10 be
selsotedf for that purpose By the Board OF
Trustees Of this company" II 10 pro.
vided that 20 much Of the proceeds OF said
entertainments '.as maybe deemed proper
By the Board Of Trustees, but not less than
$4,000. from each entertainment. arc 70
Be placed In the Stats Treasury OF the
STATE Of Nevada 70 b used only for such
charitable and benevolent purposes ~ may
DO dsssrmined By tho Legislature OF tho
The "Aot to Aid the Nevada Benevolent
Association In aiding In providing means
for the care and maintenance Of the In.
q n Of Nevada. aud for other charitable
purposes approved March o, 1881, de-
clares that at shall be lawful for the Ne.
vsda Benevolent Association Of the State
Of Nevada TO give not exceeding Ave public
entertainments or concerts; 70 sell tickets
Of admission 10 the same ; " distribute
among tho holders OF such tickets personal
property, real estate, things In action, de-
mapds or other valusbles, and 70 regulate
the distribution OF all such property or
gifa BY rsfte or other sohemes OF like char.
acter." tStat. 1881, 1876. Seo. ~
The Information filed 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
entertainments y" and that they
"base their rights 10 advertise, print. cir.
oulAto and sell tickets Tor the said public
exhibitions or entertainments. and 70 pur-
chase, use, hold and distribute amongst
perty, real estate, chooses In sction and
other valuable things" upon the Act Of
tho Legislature above referred to.
Tho faots set forth In the Information
are admitted by respondents 70 be true.
Are the acts Of respondents without war
rant Of lsw2
Il the Act Of the Legislature. approved
March 8, 1881. constitutional2N
Pirst-Is the scheme or enterprise In
which the "Nevsda Benevolent Assooia.
ton" II engaged Q lottery2
This question 10 answered Ia the afirmx-
| tive By the decision Of this Court In or
| parfs blanchard, 8 New, iOl. IL that de-
| cision curroct2 It certainly IL. Il 10 sus.
| tairsd by every decision that has been
rendered by the 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 10 not .
lottery. Why not2 What 10 . lottery 2
Every scheme for the distribution Of prizes
" ousnoe sosNry. .uoreInoi so' w
n1un1,S u NeM ,orn W. AMERICAN ma Ar
Ole. 40 ills.. 4S7 sts,e N. Short. so N,
j.; L., 4Ol: Rsndlo VI, State, Al Tex,
bs5 Chsysnnsh ys, State, 40 Ala, asS /;
Commonve,ltb va. Msnderssld. q phil
Ssa Iini..d st.tss ~. OInsv' I Alb. n
n. a7s.1
A lottery 4. u,me of hazard In which
.m.II anna ara vsn,nrsd sor ths cb.nes oi
obt.ininy o-re.tsr. fBsII va. st.te. &
sn,ed.. sooy
"a son,riv.,es sor ,bs a~i,,ribu,ion ~
nrizs, nv ch,no. rsIi.nos pnon an.
rssults Of hss.rd : = deci.ion Of the y.lues
| Of tbs .dyentnr.r', invs.tmant Of th.
fsyors OF fortune" n a lottery. Wooden
M. shotv.lI. 4 Z.b-. O
War p%sonn,srv confederation 4.
| maid. And n h dstsrminsd by LOT or chance.
sccordIny to soms .ch.ms b.ld ont 10 tbs
nnhIic vS.t ,ha n.r,v .ho 49, ,bs rons,
= ~ s.,s Tor n. ar vh.,h.r Is "a ~ bsy,
q, ,a,,ss~n S,.,. =.
No.. 1870 lI,s
ss " No.. 'oo " nuss'e..
=.
o,.s, ~ ~ .o y n's "nA' nAme u
A rose By any other name would smell o. sweet;
a thorn oy any otner name would prick ~ deep.
When the element Of cbsnce eptsrs into
tina d%istributIon of nri,es a 4. , LOTTERY.
vitbout refsrenee 70 ths mama v vbieb /,
n called.
"Hs may choose to call his business 4
sift sale." aid he Court in Dunn W. Peo.
Die, suprs, "but Il n none the less 4 lot.
tsry, ana We cannot permit him 10 eysde
the Penalties Of the law by no t-rsnspsrent
a device ~ a mere change of name. II n
dinsry from ordiusry lotteries the differ.
| ence lies chiefly in the fact that Il In more
srtfully contriyed 10 Impose upon the In.
| norsnt and credulous, and IL, therefore,
more thoroughly dishonest 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 tho
substance OF the transaction Is 0 distribu.
ton or disposition Of property by lot"
(State vs. Clarke. supra.)
Courts will not inquire into the name,
but will determine tho character Of the
scheme by tho nature OF the Transaction
or business In which the parties are On.
gagged" (Rando vs. State, suprs.)
"The character Of the scheme 10 In NO
wise changed by the charitable purpose
expressed In It's title. nor by calling the
| drawings entertainments or gift con.
certs.'" ZEE parte Blanchard. supra.)