Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-06
SUPREME COURT DECISION.
rhs Lottery scheme ef she Ne.
vada nsa-vstsss Asssesssase De-
c,sssd Uae0sssisusisaa1.
UNANIMOUS oPrNIos.l

yada no0~volook An3ootossOo w.
o,sssd Uaeosssisusisasi.
UNANIMOUS OPINION.
On the 18th day OF February. A. D.
1881, articles Of incorporation Of the "Ne.
ysda Benevolent Association" we're hled
In the ofaos OF the County Clark Of Storey
county. The object Of the corporation
being "to establish and carry on the
business Of providing for and giving pub
lie entertainments, In the State OF Nevada,
Of musical and scientific character. to
cell tickets Of admission 70 such entertain.
ments, and TO purchase. hold and dis
tribute among the holders Of such tickets
personal property, real estate, chooses In
action and other valuable things, upon
such terms and conditions and In such
manner and at such times - may be de-
tsrminsd by Board Of Managers 10 be
selected for that purpose by the Board Of
Trustees Of this company" IL IL pro.
vided that 20 much Of the prooeeds OF said
entertainments "as may be deemed proper
BY the Board Of Trustees. but not less than
$50. .000, from ssoh entertainment. are 10
be placed In the Stats Treasury OF the
State Of Nevada 70 be used only for such
charitable and bsnevoient purposes ~ may
be determined BY the Legislature OF 'he
State Of Nevada"
The "Act to Aid the Nevada Benesoisnt
Association in aiding In providing means
for tho care and maintenance Of the In
sane Of Nevada. and for other charitable
purposes' approved March 8. 1881, de-
clarss that "it shall be lawful for the Ne.
yada Benevolent Association Of the State
of Nevada to give not exceeding i've public
entertainments or concerts; 70 sell tickets
Of admission TO the same; " distribute
smoug the holders Of such tickets personal
property, real estate. things In action. de-
msnds or other valuables, and TO regulate
the distribution Of all such property or
gifts BY rafsis or other schemes Of like char
scter." tStst, 1881, lG6, Sec. ~
The information aled by the Attorney.
General alleges that respondents. a. Trus-
tees Of said association. are. without war.
rant Of law, advertising. printing.
oi culstins, and selling tickets for public
sn,ertainmsuts e." and that they
:. b.ss their rights 10 advertise, print, cir.
eulste and ALI tickets for the said public
.,hibitions or entertain ments, and to pur.
oh.ss' us.' hold and distributs amongst
the holder. Of such tickets personal pro-
perty, real estate. chooses In action and
other valuable things." upon the Act OF
the Legislature above referred to.
The fscts set forth in the information
are admitted by respondents to DO true.
Are the acts Of respondents without war
ran, Of lawf
Il the Act Of the Legislature. approved
March Q. 1881. constitutionslf
Fir,t-Is the scheme or enterprise In
which the "Nevada Benevolent Associa.
ton " IL engaged q lottery2
This ouestion II answered In the afirma-
tive by the decision Of this Court iu &c
parts blanchard. Q New, l0i. Is that de-
ci,ion currsct3 II certainly In. It 10 sus.
t.ired by eysry 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 Bensvo-
liant A location proposes TO give 10 not .
LOTTERY. Why uot2 What 10 Q lottery 2
Every scheme for the distribution Of prizes
W ehAnoe 10 . .ousfy. tuo,. tSs;.. A.,
AlmsnoasS OF New ~ io,n ~ VS. Tsa D.
nls. 40 Ills. 4S7: state W. Shorts, 80 N.
j.: L.. IOI: handle W. Stats. A Tex.
6so Chsysnnnh VI, State, 40 Ala. 996
Commonwealth W. Manderfeld, 3 Phil,
Sso Tfni,,d st.,ss va. Olnvy. 1 Abb, U.
y NV
io,,srv 4. . o.mo of hazard In which
.m.i ann. are ysn,nred for the chance Of
ohs-inin, ers.,sr. BELL Va, State, s
snsed., 5o9.
"a contriysncs for the distribution OF
prizes by chance; Q reliance upon the
results Of hazard; |; q decision Of the values
Of the sdventurer's investment Of the
fsvors OF fortune" 10 . lottery. wooden
W. shotwell, 4 Zab., 1857
"Wnsre q p.cunisry consideration 10
paid, and Il 10 determined by lot or chance,
according 10 some scheme held out 10 the
public what the party who pays the money
is 70 have for 1t. or whether he 10 to have
anything. IL 10 . lottery" (State vs..
Clarke, IS N. r., S33 Hull W. Ruggles.
66 N. Y. 427.)
Il makes no difference what name 10
given to the scheme.
, vor,a a.u.,,..,w..,.
:. 49, 49, y ~. ~ o,e., nsms sonis nrics a. dssn'
= 'Ae'A y ~
When the element OF chance enters into
the distribution Of prizes 1t 10 lottery.
without reference 70 the name BY which u
10 called.
He may choose to call his business
gift SALE" said the Court IN Dunn vs. reo'
pie. supra, "out u 10 none the less : 10Y.
tery. and We cannot permt MN 70 evsae
the penalties of the law oy 20 uanspaIen!
L. n ha - Ill II