Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-24
SUPREME COURT DECISION.
oprNIoN.l

being "to establish and carry on the
business OF providing for and giving pub
lie entertainments, In the State Of Nevada,
Of q musical and scientific character, TO
sell tickets Of admission TO such entertain
msnts, 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 ct such times as may be do
termined by q Board Of Managers to be
selected for that purpose by tho Board OF
Trustees Of this company" It is pro.
vided that 90 much Of the proceeds Of said
entertainments Gas may be deemed proper
by the Board Of Trustees, but not less than
$50 900, from each entertainment, are 10
be placed In the State Treasury OF the
STATE Of Nevada TO be used only for such
charitable and bsnsvolentpurposes a. may
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
purposes (approved March Q, 1881, do
clares that alt shall be lawful for the Ne.
yada Benevolent Association Of the State
Of Nevada to give not exceeding five public
entertainments or concerts; TO sell tickets
Of admission to the same I; tU distribute
among tho holders Of such tickets personal
property, real estate, things In action, de-
mands or other valuables, and TO regulate
the distribution Of all such property OF
gifts by rafie or other schemes Of like char
acter." tStat. 1881, l66, Seo. ~
The information filed by tho Attorney
General alleges that respondents, a. 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 10 advertise, print. cir
| culate and sell tickets for the said public
exhibitions or entertainments, and to pur.
| chase. use, hold and distribute amongs,
the holders Of such tickets personal pro-
| perty, real estate, chooses In action and
| other valuable things" upon the Act oil
tho Legislature above referred to.
The facts set forth In the information
are admitted by respondents to DO true.
Are the acts OF respondents without war
rant Of law?
Is the Act OF tho Legislature, approved
March 8, 1881, constitutionsl2
First-Is tho scheme or enterprise II
| which tho Nevada Benevolent Associa
ton 4" Is engaged . lottery2
This question 10 answered In the afirma
tive by the decision Of this Court In e.
parts Blanchard, 0 New, l04. Is that do
cision correct2 1t certainly Is. 1t Is sus
taiped by every decision that has beer
rendered by the various courts In thu
United States upon this question.
Notwithstanding this fact, We are nov
earnestly asked to declare that tho musioa
entertainment which the Nevada Benevo
lent Association proposes to give Is not
lottery. Why not2 What is o lottery
Every scheme for tho distribution OF prize,
by chance Is 0 lottery. Governors of tht
Almshouse Of New York W. American Ar
Union. z N. ". 2S9; Dunn W. Tho PEG
plo, 40 Ills, ACT State ". Shorts, 80 N
j.; L., 40i Randle W. State. A Tex.
685 Chavannah vs. State, 40 Ala. S96
Commonwealth vs.. Manderield, 8 Phil.
459 United States vs.. Olney, l Abb, u
h., 279.)
A lottery Is Q game OF hazard In which
small sums are ventured for tho chance o.
obtaining greater. BELL vs.. State. .
Sneed., 509.)
"a contrivance for tho distribution o.
prizes by chance ; o reliance upon thu
results Of hazard ; . decision Of the values
Of the adventurous investment Of thu
favors OF fortune" Is q lottery. (Wcoder
vs.. Shotwell, 4 Zab., 1867
Where Q pecuniary consideration Il
paid, and IL Is determined by lot or chance
according to some scheme held out to th,
public what the party who pays tho money
IL to have for IL, or whether he IL TO hav,
anything, IL IL Q lottery" Estate W.
Clarke. 50 N. H., 335 Hull W. Ruggles
sc N. Y, 427.)
It makes no difference what name 4
given to the scheme.
When the element OF chance enters Int,
the distribution OF prizes 1t 10 alottery
without reference TO the name by which
10 called.
"He may choose TO call his business
gift salo," said tho Court In Dunn W. PEG
pie, supra, "but II 10 none the less Q lot
terry, and wo cannot permit him to ovadI
the penalties OF the law by 30 Transparent
Q device a. 0 moro change OF namo. II
differs from ordinary lotteries the differ
ence lies chiefly In the fact that II Is NOR,
artfully contriyed to impose upon tho ig
norant and credulous, and 10, therefore
more thoroughly dishonest and injurious
to society,""
"The name given to the process and tn
form Of the machinery used to accomplish
the object arc not material, provided tn
substance Of the transaction Ii Q distribu
ton or disposition Of property by lot
(Stato W. Clarke. supra.)
"Courts will not inquire into the name
but will determine the character Of tn
scheme by the nature Of tho transaction
or business In which the parties are en-
gagged" (Randle W. State, supra.)
"The character Of the scheme 10 In NJ
wise changed by the charitable purposl
expressed In Its title, nor by calling th,
drawings entertainments or gift con
ccrts.'" (Ex parte blanchard, supra.)
"The fact that no plan OF distribution ha
been determined upon does not relieve th,
scheme OF It's character q Q lottery
Thomas vs.. People. 80 Ills, 1881
"Nor 10 IL MATERIAL" said tho Court o
Appeals In the American Art Union case
ITO the question In hand that the prize
were not known and designated when th,
tickets or chances were subscribed ant
paid for. The scheme In this respect Il
more Objectionable than Q scheme In which
the prizes are previously fixed. because 1
affords less security TO the subscribers tina
the chance purchased is worth the none,
paid for It,"
We arc OF opinion that the facts stated
In the articles Of incorporation, In thu
statutes. and In the information. show tina
the scheme 10 u whereby the Legislature
Of this State, In consideration Of the sun
Of $3.50. 900, to be placed In the Stat,
Treasury, 70 the credit Of the "Insano ant
Charitable Fund.-" attempted TO authorize
the managers Of the "Novada Benevolent
Association " TO enrich their own pockets
at the expense Of tho people Of this ant
other States, by holding out promises o.
the great and sudden gains that might bt
acquired by the ticket holders tina
golden prizes would DO the lure to In
cite the crodulous and unsuspecting intt
this scheme"
In the light Of all the facts that havt
been presented u would DO absurd to say
that the managers Of this scheme are sim
| ply prompted by deeds Of charity and purt