Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-04
SUPREME COURT DECISION.
rhs Lottery scheme sf the He
vada nss-vsisss Assseaasese DE-
elsssA Uneossstsasi0asl.
UNANIMOUS opn6uon.l

V00A 0o0rvotoos AoY9osessOS ~
eisssA Uneessstsssisssi.
UNANIMOUS opnnon.
On the 18th day OF February, A. D..
issi articles Of incorporation Of the "Ns-
ysda Benevolent Association" we're dled
IN the ofics Of the County Clark Of Storey
county. The object Of the corporation
bsins "to establish and carry on the
business Of providing for and giving pub
lie sntsrtainmsnts. In the State Of Nevada,
Of . musical and scientific character. 10
ssll tickets Of admission 10 such sntsrtain.
ments, and 70 purchase. hold and dis.
tribute among the holders Of such tickets
personal property, real estats. chooses In
action and othsr valuable thing. upon
such terms and conditions and in such
manner and at such times - nay be do.
tsrminsd By Board Of 4anagers 10 be
selected for that purpose BY The Board OF
Trustees Of this company" IL II pro.
vided that % much Of The proceeds Of said
entsrtain nments "as may be deemed proper
By the Board Of Trustees. but not less than
$50, 900, from each entsrtainusnt. are 10
Be placed In the Stats Treasury OF the
Stats Of Nevada 70 be used only Tor suoh
charitable and bsnevolent purposes ~ may
b determined By the Legislature OF the
Stats Of Nevada"
The "Act TO Aid the Nevada Benevolent
Association In aiding In providing means
for ths care and main tsnancs Of the In.
sane Of Nevada. and for other charitable
purposes'' approved March y. issll' Dc
clsres that '.it shall be lawful for the Ne.
vadA Benevolent Association Of the State
Of Nevada 10 give not exceeding nve public
enisrtainments or concerts; 70 seli tickets
Of admission TO the same " distribute
among the holders Of such tickets personal
D, operty. real estate. things In sotion, de-
mands or other vsluables, and 10 regulate
the distribution Of all suoh property or
Rifts By rsffie or other schemes Of like char
acter." tStat. 1881. l66, Sec. ~
The information nlsd 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 . . -" and that they
" base their rights to advertise. print. cir.
eulsts and sell tickets for the said public
exhibitions or entertainments. and ~ pur.
chase, use, hold and distribute amongst
the holders Of such tickets personal pro.
perry, real estate, chooses in action and
other valuable thiugs." upon the Act OF
the Legislature above referred TO.
The fscts set forth in the information
are admitted BY respondents TO be true.
Are the acts Of respondents without war.
rant Of Law?
Il the Act Of the Legislature, approved
March Q, 1881, constitutionalf
First-Is the scheme or enterprise In
which the "Nevada Benevolent AssociA'
ion" 10 engaged lottsryf
This question 10 answered In the afhrma-
tive by the decision Of this Court In s<
parts Blanchard. . New, i0t. 10 that de-
cision currect1 II certainly 10. II 10 sus.
tsired 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 Bsnevo-
lent Association proposes 70 give 10 not :
lottsry. Why pot7 What 10 . lottery Z
Every scheme for the distribution Of prizes
BY chance 10 . lottery. (Govsrnor'so OF the
Almshouss Of New York ". American Art
Union, Z N. T.. 2ss; Dunn ~. The Peo-
pie, 10 Ills. 467 State ". Shorts, 81 N.
j.; L., t0i; handle ". Stats. a Tex.
6ss +; Chavannsh W. State, - Ala. $50
Commonwealth W. Mandsrheld. 8 Phil,
4ss Uuitsd sutss ". olnsy, Abb, U.
y. 49,
A lottery 10 game Of hazard In which
small sums are vsntured for the chance Of
obtaining greater. BELL ". State. D
snssd., so9.l
"a couuivancs for the distribution Of
price BY chance . reliance upon the
results Of hazard . decision Of the values
Of the sdvsuturer's investment Of the
fsvors OF fortune" 10 Q lottsry. (WGoden
W. shotwsll, 4 Zab., 1851
Where . peouniary confederation 10
paid. and IL 10 determined BY lot or chance
according to some scheme held out TO the
public what the party who pays the money
10 TO have for IL. or whether hs 10 to have
anything, 10 10 Q lottery" Estate ~.
Clarks. 81 N. H., S35 Hull W. Rugsles.
50 N. T., ALL
Il makes no difference what name 10
given 10 the scheme.
| A rose by auy other name would smell - sweet;
/ th.rn BY any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes IL 10 lottery.
without rsfsrsnes 70 the name BY which 1t
10 called.
.Hs may choose 10 call his business .
gift SALE" said the Court In Dunn W. Poo.
Die, supra, "but 10 10 none the less . lot
tery, and We cannot permit him to evade
the penalties Of the law BY 20 transparent
| . device - Q mere change Of name. II II
differs from ordinary lotteries the dif{sr'
sncs lies chiefly In the fact that u ID more
artfully contrived 10 impose upon the ig'
norsnt and credulous. and 10, therefore,
more thoroughly dishonest 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 IL . distribu.
tion or disposition Of property By lot"
| tStxte ". CLARKE. supra-)
Courts will not inquire into the namo,
but will determine the character Of the
scheme BY the nature Of the transaction
/ or business in which the parties are en-
| gaged." (Randls W. State, supra)
"Ths character Of tho scheme 10 10 nc
wise changed BY the charitable purpose
expressed in its title. nor By calling the
drawings entertainments or gift con-
certs.'" ZEE parts Blanchard. Iuprs.)
"The fact that no plan Of distribution has
been determined upon does not relieve th.
scheme Of Its character - . lottery
Thomas ". People. 50 Ills. 1851
"Nor 10 IL maierial." said the Court ol
Appeals in the American Art Union case
Ito the question In hand that the prize'
we're not known and designated when tht
tickets or chances were subscribed ant
paid for. The scheme in this respect Il
more Objectionable than scheme In which
the prizes are prsviously hxed. because 4
affords less security 10 the subscribers tha
the chance purchased 10 worth the monel
psid for It,"
We are Of opinion that the facts statet
In the articles Of incorporation. In th,
ststntes, and In The information. show tha
he scheme 10 one whereby the Legislatur'
Of this Ssats. In consideration Of the sun
Of $3.50, ,O00, 10 b placed In the Stat
Tressury, 70 The credit Of the Insane ant
Chsritabls Fund" attempted 70 authoris
the managers Of the /" Nevada Bsnevolsn
..I., -, % so snyioh kheir own pockets