Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-07

IusAxusous osuuon.l

yided hat 20 much Of the procseds OF said
sntartainments s'ss may b dssmed proper
by he Board Of Trustees. bot not less than
Sso. 900. from each sntsrtainmsnt. are 70
b plsesd In ths STATE Trsesury Of the
Sts.s of Nsssds 70 hs nssd only Tor sQos
charitable and bsnsvolsnt purposes q may
b determined ey Tho Legislature Of the
Htats Of Nevada"
The "Act 70 Aid the Nevada Benevolent
Association In aiding In providing means
for the care and maintenance OF the In
sans Of Nevada, and for other charitable
purposes' approved March .. lsSu, Dc
olarss that "it shall bs lawful for the Ne.
vada Benevolent Association Of tho state
Of Nevada 70 give not sxceeding nvs public
sntsrsainmsnts or concerts; 70 sail tickets
Of admission 70 the same " distribute
among the holders Of suoh tickets personal
property. real estate. things In action. do
msnds or other valuablss. and 10 regulate
the distribution Of all such property or
gifts By rzfis or other schemes Of like char
sctsr." tStat. 1881, l66. Sso. ~
The information hled By the Attorney.
General alleges that respondsnts. - Trus-
tees Of said association, are, without war.
rant Of law. advertising. printing.
circulating and selling tietsis for public
entertainments -" and that they
" base their rights TO advertise. print, cir.
culate and sell tickets for the said public
exhibitions or entsrtainments. and 70 pur-
chase. use. hold and distribute smongst
the holders Of such tickets personal pro.
psrty, real sstats, chooses In action and
other valuable things." upon the Act Of
the Legislature above referred to.
Tho iscts set forth In the information
are admitted BY respondents 10 bs true.
Are the acts Of respondents without war
rant Of lawf
Il the Act Of the Legislature. approved
March o, 1881, constitutionalf
First-Is the scheme or enterprise In
which the "Nsvsda Benevolent Assooia-
ton" is engaged lotteryf
This question 10 answered In the amrma-
tive by the decision Of this Court In sx
parts Blanchard. . New. l0a. Il that do.
cision corrsctf Il certainly II. II IL sus.
taired BY every decision that has been
rendered By the various courts In the
United States upon this question.
Notwithstanding this fact, Ne are now
earnestly asked TO declare that the musical
entertainment which the Nevada Benevo-
lent Association proposes 10 give 10 not .
lottery. Why not? What 10 . lottsry Z
Every scheme for the distribution Of prizes
BY chance 10 lottery. taovsrnor's OF the
Almshouss Of New York ". American Art
Union, z N. Y... 2s9; Dunn W. The Peo-
pie. 40 Ills. ACT Stats ". Shorts, 50 N.
j.; L.. 40i Randle W. Stats. "a Tex,
SIS Chavannah 70. State, - Ala. $50 |;
Commonwealth ". handsrheld. . Phil.
4ss; United Statss ". oinsy. Abb, U.
g.. 27s.)
A lottery IL game Of hazard In which
small sums are vsntured for the chance Of
obtaining greater. tBsn ". stats' .
snesd.. 609.l
"a contrivancs for the distribution Of
prizes By chance . reliance upon the
results Of hazard (; . decision Of the values
Of the adventurer's investment Of the
iavors OF fortune" 10 lottsry. twGoden
W. shotvell. 4 ZAb., 1851
"Where . pscuniary confederation 10
paid, and Il 10 dstsrminsd By lot or chance.
according 70 some scheme held out TO the
public what the party who pays the money
IL TO have for IL, or whether he 10 70 have
anything. 10 10 . lottery" (Stats W.
CLARKE. IS N. H., SIS; Hull ". Ruggles.
90 N. Y, ALL
II makes no difference what name II
given 70 the scheme.
A rosa by sny other name would smell - sweet;
thUrn b. any other name wosid prick - deep.
When the element Of chance sntsrs into
the distribution Of prizes IL 10 lottery.
without reference 70 The name BY which II
10 called.
"He NAV choose 70 call his business q
Rift SALE" said the Court In Dunn W. Pso-
Die, supra, "but IL 10 none the less lot
nry. and We cannot permit him to svade
the penalties Of the law By % transparent
. device - mere change Of name. u II
differs from ordinary lottsries the diner
ence lies chiefly In the fact that u 10 more
srtfully contrived to impose upon the ig'
norant and crsdulous. and 10, therefore,
more thoroughly dishonsss and injuri0u'
70 society"
"Ths name given 10 the process and The
form Of ths machinery used 70 accomplish
| The object are mot material. provided the
substances Of the transaction Il distribu,
tion or disposition Of property BY los''
(stats W. Clarke. stpra-)
"Courts will NOT inquire into the name,
but will determine the oharaeter Of the
scheme BY the nature Of the transaetiou
or business in which the parties are en-
gagged" tRsndls ~. State. supra.)
"Ths character Of the scheme u In nc
wise changed BY the charitable purpose
expressed in IL title. nor By calling the
| drawings entertainments or gift CON
| oerts.'" (Ex parts Blanchard. supra.)
"Ths fact thstuo plan Of distribution ha'
been dstsrmined upon does not relieve ths
/ scheme Of in character - . lottsry."
| Thomas 70. People. 50 Ills.. 1851
Nor 10 10 material" said the Court o
| Appeals in the American Art Union case
"ts the question In hand that shs prise
were not known and Designated whom th,
tickets or chances we're suesoribed srt
paid for. The scheme In <his respect Y
more Objectionable than scheme In vhiel
| The prizes are prsviously hxsd. because
| affords lsss security 70 the subscriber tha
The chance paraha'sd is worth the n0ns'
Ne are Of opinion that the facts statst
IN the articles Of incorporation. In th
statutss, and In the Information. shov tha
the sohcms o one vhsrsby the Lsgislatur'
N this Gsats. In considsrstion Of the sun
N S2s0. 600, 10 b plsosd In the Stat
Tres.urv. 10 the credit Of The Insane AM
Chsyitabis Fun, !" attsmptsd 70 adthoris
ths msnsssrs Of the " Nevada Bsnsvolsn
Associstion " 70 enrich THAR own pockets
a. The expsnss Of The people Of this AM
other States. By holding out proniSss 9 9
The great and sudden gsins that might D
acquired By The ticket holdsn INA
golden prisss would b "ths lure % ~
cits The orsdulous and unsuspsesing Int
this schsms."
In The light Of all ths iacs that hav
been presented 10 vould b absurd 70 sA
that The managsrs a this sohsms are aim
ply prenp..d By d.:ds Of charity and Pus,
In The fses and tssth of ths dsoisisna
which vs have rsfsrrsd 70. We cannot q
that he sehsas propessd b. VI "he
y.da 1sssvsasAt Asseslatiea" y net
ists'sy.
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