Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-26
SUPREME COURT DECISION.
rhs Lottery scheme Of the Ne
vada osa~vslsss Asseeississ Dc.
elarsd Uneoasstsusloaal.
UNANIMOUS oprxIos.l

vada Dsa~vsisss Assseiasisa De.
sisssd Unessssisusisssi.
UNANIMOUS oPrxIoS.l
On the lsth day OF February. A. d.
1881. articles Of incorporation Of the "Ns.
ysda Benevolent Association" were hlsd
IN the of,os Of ths County Clerk Of STOREY
county. The object Of the corporation
bsine "to establish and carry on the
business Of providing for and giving pub
lio sntertainments. In The 6tats Of Nevada,
Of musical and scientific character. 10
ssll ticksn Of admission 70 such entsrtain.
msnu, 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 at such times - may b do.
termined By Board Of Managers to be
selected for that parpose BY the Board Of
Trustees Of this company" II 10 pro.
vided that 20 much Of the proceeds Of said
sntsrtainmsuts ''ss may be deemed proper
By the Board Of Trustees. bat not less than
$50, 600, from each sntertainmsnt. are 70
Be- .plscsd In tie gtats xrsasury of the
ptaie Of Nevada 70 Be used only Tor suoh
charitable and bsnevolent purposes - may
b determined BY the Legislature OF the
State Of Nevada"
The "Aet TO Aid the Nevada Benevolent
Association In aiding In providing means
for. the care and maintenance Of tho In.
sane Of Nsvada. and for other charitable
purposes" approved March ., 1851, de-
clsres that "it shall b. lawful for the Ne.
yads 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
among the holders Of such tickets personal
property, real estate. things In action. de-
mands or other valuables. and 10 regulate
the distribution Of all such property or
gifts BY rafis or other schemes Of like char.
scter." tStat. 1881. 188, Bee. ~
Tho information Aled 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
entertainments -" and that they
{" base their rights to advertise. print, cir.
culsts 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 fscts set forth In the Information
are admitted by respondents TO be true.
Are the acts Of respondents without war.
rant Of law7
Il the Act Of the Legislature. approved
March 9, 1881, constitutionalf
First-Is the scheme or enterprise In
which the Nevada Benevolent Associa.
ton" 10 engaged . lotteryf
This question 10 answered In the afdrma-
tive BY the decision Of this Court In sr
parts Blanchard. Q New, l0i. II that de-
cision eorrectf II certainly 10. II 10 sus-
tairsd 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 tho Nevada Benevo-
lent Association proposes 70 give 10 not
lottery. Why noti What Is . lotteryf
Every scheme for the distribution ofprixss
by chance Il . lottery. Governors Of the
Almshouss Of New York ". American Art
Union. z N. Y.., 2s9; Dunn W. The Peo-
pie. 40 Ills. 467 State W. Shorts. 50 N.
j.; L., 40i Randle ". State, "a Tex,
oS5 Ohavannah W. State, 10 Ala. 396
Commonwealth. W. Mandsrfeld. 8 Phil.
xs9; United states ". olnsy. Abb. U.
g.. 27s.)
A lottery is Q game Of hazard In which
small sums are ventured for the chance of
obtaining greater. bell W. State, b
snsed.. 509.I
"a contrivsncs for the dbtribution OF
prizes BY chance Q reliance upon the
results Of hazard . decision Of the values
Of the adventurer's investment OF the
favors Of fortune" 10 lottery. wooden
". shotwell. Z Zab.. 1857
"where . pecunisry 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
Il to have for 1t. or whether he 10 to have
anything, IL 10 . lottery" (State VI.
Clarke. IS N. H.. as5; Hull ~. Rugsles,
Sc N. Y, ALL -
II makes NO difference what name 10
given 70 the scheme.
A rose By any other name would smell % sweet;
thorn By any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes IL 10 lottery.
without reference TO the name BY which 1t
10 called.
"Hs may choose 70 call his business
Gift SALE" said the Court In Dunn ". Pso.
Die, supra, "but 10 10 none the less lot.
tery, and We cannot permit him to svads
the penalties Of the law BY 90 transparent
q device a. Q mere change Of name. II IL
differs from ordinary lotteries the diner-
ence lies chiefly In the fact that IL u more
srtfully contrived to impose upon the ig.
uorant and credulous. and II, therefore.
more thoroughly dishonest and Injurious
70 society"
"Ths name given to the process and the
form Of the machinery used 10 accomplish
the object are not material. provided the
substsnce Of the transaction II distribu.
tion or disposition Of property BY lot"
(S,ats ". Clarke, suprs.l
"Courts will not inquire into the name,
but will Determine the character Of the
scheme By the nature Of the Transaction
or businsss In which the parties are On.
Raeed." handle ~. STATE, supra.)
"The character Of the scheme II In no
wise changed BY the charitable purpose
expressed in It, title, nor BY calling the
drawings entertainments or gift CON-
oerts.'" (Ex parts Blanchard. suprsJ
1.-THE fact that no plan Of ofdistribution has
been dstsrminsd upon does not relieve the
scheme Of its character - . lottery.
Thomas W. People. 50 Ills.. 1851
"Nor 10 10 material" said the Court oi
Appeals In 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. The scheme In this respect 4
more Questionable than scheme In which
the prizes are prsviously hxed. because II
Affords less security 10 the Subscribers thai
the chance purchased 10 worth the money
paid for It,"
We are Of opinion that the facts stated
In the articles Of incorporation. In tht
ststutes, and In the information. shov ths'
the scheme u one whereby the Legislaturs
Of this Stats, In consideration Of the sun
Of S2s0, 900, 70 bs placed In the stat,
Treasury, 70 the credit Of tbs. Insane ant
Charinbie Fund.-" attempted 70 suthoriz'
the managers Of the " Nevada Benevolen
Gssociation " 70 enrich their own pockets
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