Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-10
SUPREME COURT DECISION.
rhs Lottery Scheme Of she Ne
vada Bss~veless Asseeiasies De.
eisred Uaeessstsutiesal.
oprsIoN.l

1881, articles Of incorporation Of the "Ne-
vada Benevolent Association" were fled
In the office 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
lie entertainments, In the State Of Nevada,
Of . musical and scientific character. to
sell tickets Of admission to such entertain.
ments, and 10 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 - may be do.
tsrminod by Q Board Of Managers 10 be
selected for that purpose by the Board Of
Trustees Of this company" It 10 pro.
vided that 20 much Of the proceeds OF said
OBSERVATION-DISCLOSURES may be deemed proper
by the Board Of Trustees, but not less than
$50. 900, from each entertainment, are TO
be placed In the State Treasury Of the
STATE Of Nevada 10 DO used only for such
charitable and benevolent purposes - may
State Of Nevada"
The ACT to Aid the Nevada Benevolent
Association In aiding In providing means
for the care and 'msintenanco Of the In.
sane Of Nevada, and for other charitable
purposes'' approved March Q, 1881, de-
clares that ''it shall be lawful for the Ne.
vsda Benevolent Association Of the State
Of Nevada 70 give not exceeding Ave public
entertainments or concerts; 70 sell tickets
Of admission 70 the same /; " distribute
among ths holders Of such tickets personal
property. real estate. things In action, de-
mands or other vsluables, and 70 regulate
the distribution Of all suoh property or
gifts by rattle or other schemes Of like char
soter." lStat. 1881. 1866, Bee. ~
Tho 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 tiokeu for public
entertainments . . a." and that they
=. base their rights 10 advertise. print, cir.
culste 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.
perty, real estate. chooses in action and
other valuable things" upon the Act Of
the Legislature above referred 10.
The faots set forth In the information
are admitted BY respondents TO be true.
Are the acts Of respondents without war
rant Of lawf
Il the Act Of the Legislature, approved
March .. 1881, oonstitutioual2
First-Is the scheme or enterprise In
which the "NsvsdA Benevolent Associa.
ton" Is engaged . lottery2
This question II answered In the afarma-
tive BY the decision Of this Court In sr
parts Blanchard. . New, l04. Is that do.
cision correctf Il certainly IL. 1t Is sus.
tsiped 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 Nevsds Benev0-
lent Association proposes to give Is not =
lottery. Why not2 What IL . lottery 2
Every scheme for the distribution Of prizes
by chance 10 . lottery. Governors VI the
Almshouss Of New York ". American Art
Union. Z N. ", 239; Dunn W. The Peo-
pie. ~ Ills. 467 ; State vs.. Shorts, 81 N.
j.; L., A0l handle W. State, ~ Tex.
685 |; Chsvannzh W. State, 40 Ala. 396 ;
Commonwealth W. Manderleld, 3 Phil,
45s United States VI. 0lney. l Abb, U.
H., 279.)
A lottery IL . game Of hazard in which
ANAL sums are vsntured for the chance Of
obtaining greater. (Bell VI. State, o
Sneed., 509.l
"A contrivancs for the distribution Of
prizes BY chance . reliance upon the
results Of hazard /; = decision Of the values
Of the s%dventurer's investment Of the
fAvors Of fortune" 10 . lottery. wooden
W. Shotwsll, 4 Fab. 1851
where . p~eouniary consideration 10
paid, and 1t 10 determined by lot or chance.
according to some scheme held out to the
public what the party who pays the money
anything, IL 10 . lottery" Estate Vi.
CLARKE. 50 N. H., ss5 Hull VI. Rugsles,
So N. T.. 427.l s*~**
1t makes no difference what name 10
given to tho scheme.
A rose By any other name would smell assweet;
A thorn by any other name would prick a. deep.
When the element Of chance enters into
the distribution Of prizes 1t is = lottery.
without reference 10 the amt by which 1t
10 called.
"Ho may choose to call his business Q
gift sale." said the Court in Dunn W.. PEG.
pie. supra. "but II 10 mono the less . lot
terry. and we cannot permit him to evade
the penalties Of tho law by so transparent
o device ~ . mere change OF name. II 10
differs from ordinary lotteries the differ.
ence lies chiefly In the fact that IL is more
srtfully contrived to impose upon the ig.
norant and credulous. and is, therefore,
more thoroughly dishonest and injurious
to society,""
1.-THE nan given TO the process and the
form OF the machinery used to accomplish
the object are not material. provided tho
substance Of the transaction IL Q distribu.
ton or disposition Of property by lot"
state W. Clarke, supra.)
Courts will not inquire into the name,
but will determine the character Of the
scheme by the nature OF the transaction
or business in which the parties are en-.
gagged" (Randh W. State, supra.)
"The character Of the scheme is In no
expressed in Its title. nor by calling the
certs.'" (Ex parte Blanchard, supra.)
"The fact that no plan Of distribution has
been determined upon does not relieve the
tcnemo OI is cnArhcter ~ lOttery.
Thomas W. People. 80 Ills, 1851
"Nor 10 u MATERIAL" said the Court Of
Appeals 10 the American Art Union case.
TO the question In hand that the prizes
were not known and designated when the
tickets or chances were subscribed and
paid for. Tho scheme In this respect 10
more Objectionable than . scheme In which
the prizes are previously fIed. because II
affords less security TO the subscribers that
the chance purchased is worth the money
paid for it,"
We arc OF opinion that tho facts stated
in the articles Of incorporation, In the
statutes. and In the information. show that
the scheme 10 one whereby the Legislature
Of this State. In confederation Of the sum
Of $250.0o0. to be placed In the State
Treasury, 70 the credit Of the "Insans and
Charitable Fund" attempted to authorize
the managers Of tho "Nevada Benevolent
Association " to enrich their own pockets,
at the expense Of the people Of this and
other States. BY holding out promises Of
the great and sudden gains that might DO
acquired BY the ticket holders that
golden prizes would DO 1.-THE lure TO In.