Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-16
SUPREME COURT DECISION.
me Lottery sshems Sf she Ne
vada osa-vslsst Assseiasiss De-
elased Uuee eessitsusioasl.
IusAxnsous osNiox.l

luSANIxoVe otEAoN.l
On the 18th day OF February, A. D.
isgl. articles Of incorporation Of the "Ne.
,.da Benevolsnt Association" we're dled
In tbe once OF the County Clerk of Storey
county. The object Of the corporation
being "to establish and carry on The
buyinsss Of providing for and giving pub
lie entertainments, In the Stats Of Nevada,
Of musical and scientific character. TO
ssli ticksts Of admission 70 such entertain.
meuh, and 70 purchase. hold and dis.
tribute among the holders Of such tickets
personal property. real estate, chooses In
action and other valuable things. upon
such farms and eonditions and in such
manner and at such tmes - may be do.
termined BY Board Of ksnagers to b.
selected for that parposs By the Board Of
Trustees Of this company" u 10 pro.
vided that % much Of the proceeds OF said
entertain ments '.ss msy b deemed proper
by the Board Of Trustees. bot not lees than
$50. 600, from eanh entrtainnsat, are 70
b placed In tha STATE Treasury OF the
State Of Nevada 10 Be used only for such
charitable and bene VIOLENT purposes a. may
be determined By the Legislature Of tho
STATE Of Nevada."
The "Act 70 Aid the Nevada Benevolent
Association in aiding In providing means
for the care and maintenance Of the In.
ssne Of Nevada. and for other charitable
purposes'' fapproved March ., 1851, de-
clsrrs that "it shall b. lawful for the Ne.
yada Benevolent Association Of the State
Of Nevada TO give not exceeding nve public
entertainments or concerts; to sell tickets
Of admission TO the same to distribute
smoug the holders Of such tickets personal
pi operty. real estate. things In action. de-
mands or other valuables, and 70 regulate
the distribution Of all such property or
gifts By raffis or other schemes Of like char
sctrr." tStat. 1881. l66, Sec. ~
The information dled 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
sntertsinmsnts . . o." and that they
.. base their rights TO advertise, print. cir.
eulste and sell tickets for the said public
exhibitions or entertainments, and TO 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 to.
The facts set forth In the Information
are admitted BY respondents 10 be true.
Are the acts of respondents without war
rant Of law2 y.
l. the Act Of the Legislature. approved
March 3, 1881, constitutionalf
First-Is the scheme or enterprise In
which the "NsvAda Benevolent Associa.
ton Z" 10 engaged lotteryf
This question 10 answered In the afhrmi.
tive by the decision Of this Court in s<
parts Blanchard. 9 New, l0i. Il that de.
cision corrvct2 1t certainly IL. II 10 sus.
taired 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 Benevo-
lent Association proposes to give 10 not .
lottery. Why not? What 10 . lottery Z
Every scheme for the distribution Of prizes
by chance 10 . lottery. tGovernor'sof of the
Almshouse Of New York W. American Art
Union. Z n. ". 239; Dunn ". The Peo.
pie. Az Ills. 467 State ". Shorts, 80 N.
j.; L.. 40l Randle W. State, AZ Tex,
68s Chavannsh ". State, 40 Ala, 800
Commonwealth W. Mauderheld. . Phil,
4ss ; United States ". Olney, Abb, U.
g., 279.)
A lottery 10 . game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL ". State, D
sneed.. 609.l
"A eontrivsnce for the distribution Of
price By chance . reliance upon the
results Of hazard . decision Of the values
Of the adveuturer's Investment OF the
favors OF fortune" 10 . lottery. tWCoden
W. shotwell. 4Eab., 1851
"where . pecuniary confederation 10
paid. and II 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 10. or whether he 10 to have
anything. 10 10 Q lottery" Estate vs.
Clarke, IS N. H., Ss5; Hull W. Rugsles,
Sc N. Y, l27.) . .
Il makes no difference what name 10
given to the scheme.
A ross By any other name would smell asswesf;
4 thorn BY any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes II 10 . lottery.
without reference TO the name BY which II
10 called.
"He may choose to call his business q
gift sale" said the Court 10 Dunn W. Peo.
pie, supra, "but IL 10 none the less lot
iery, and We cannot permit him to evade
the penalties Of the Law By 90 Transparent,
q device - mere change Of name. II II
differs from ordinary lotteries the differ
snce Lies chiefly In the fact that II 10 more
artfully contrived 10 impose upon the ig'
norant and credulous, and 10. therefore,
more thoroughly dishonest and injurious
to society"
"The name given to the process and the
form Of the machinery used to sccomplish
the object are not material. provided the
substance Of the transaction 10 distribu
ton or disposition Of property BY lot"
lstate W. Clarke. supra.l
Courts will not inquire into the name
but will determine the character Of the
scheme by the nature OF the trsnsaetion
or buainess in which the parties are en-
gagged" tRsndls W. State. suprs.)
"The character Of the scheme 10 iu nc
wise changed BY the charitable purpose
expressed in its title. nor BY calling the
drawings entertainments or gift con
certs.'" (Ex psrte Blanchard, supra.)
"The fact that no plan Of distribution hal
been determinsd upon does not relieve th,
scheme Of It's character a. lottery
tThoma ". People. 50 Ills. 1881
"Nor 10 10 material" said tho Court o
Appeals 10 the American Art Union case
"to the question In hand that the prizei
were not known and designated when th,
tickets or chances we're subscribed snt
paid for. The scheme In this respect 4
more Objectionable than scheme In which
the prizes are previously fixed. because 4
a6ords less security 70 the subscribers tha
the chance parcha'sd is worth the none,
paid for II"
We are Of opinion that the facts stated
In the articles Of incorporation. In th'
ststutes, and In the information. show ths
the scheme II Que whereby the Lsgislatur'
Of this S,ats, In consideration Of the sun
of S23O, 600, TO be placed In the Stat
Tressury. 70 the credit Of the " Insane snt
Charitable Fund" attempted 70 authorize
ths managers Of the " Nevada Bensvolen
Association " 70 enrich their own pockets
A. the expense Of the people Of this ans
other States, BY holding out promises o
the great and sudden gains that might b
ACQUIRED By the ticket holden; tina
a aAl Is.A N -