Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-05
SUPREME COURT uEclsluN.
Tho letter. scheme OF the Ne.
vada Bss-vslsas Asseciatisa De-
clared UncousilsusioaaI.
UNANIMOUS oprxros.l

OU lu0 4Vta osy Sossa ~ -
1881, articles Of incorporation Of the "Ne-
vsda Benevolent Association" were filed
in the office OF the County Clerk Of Storey
county. The object Of the corporation
being ito 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, 10
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 1t such times - may be de-
termined by . Board Of Managers 10 be
selected for that purpose BY the Board Of
Trustees Of this company" IL " pro.
vided that % much Of the proceeds Of said
entertainments ''N may be deemed proper
BY tho Board Of Trustees, but not less than
$50.0U0, from each entertainment, are 70
b placed In the State Treasury Of the
state Of Nevada 70 be used only for such
charitable and benevolent purposes - may
DO determined BY the Legislature Of the
State Of Nevada"
The Act " 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. de-
clsrss that 'tt shall be lawful for the Ne.
vadA Benevolent Association Of the State
Of Nevada 70 give not exceeding Ave public
entertainments or concerts; To sell tickets
Of admission 70 the same ; ~ distribute
among the holders Of such tickets personal
property. real estate. things In action, de-
mHnds or other valuables, and to regulate
the distribution Of all such property or
gifts BY rsfie or other schemes OF like char
acter." (Stat. 1851. 1865, Sec. H.
The 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 tickets for public
entertainments . q" and that they
:. base their rights to advertise, print. cir.
culate aud sell tickets for the said public
exhibitions or entertainments. and to pur.
chase. use, hold and distribute amongst
tho 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 tho information
are admitted BY respondents 10 DO true.
Are the acts OF respondents without war
rant Of lsw2
Is the Act Of the Legislature, approved
March o. 1881, constitutionalf
First-Is the scheme or enterprise In
which the "Nevsda Benevolent AssociA-
ton Is engaged . lottsryf
This question 10 answered In the afirms-
tive by tho decision Of this Court In en-
parts blanchard. . New. l04. Is that do.
cision correct2 1t certainly Is. 1t IL 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 Denevo-
lent Association proposes TO give 10 not q
lottery. Why n0t2 What IL . lottery !
Every scheme for the distribution Of prizes
by chance IL . lottery. Governors VI the
Almshouse Of New York W. American Art
Union. z N. w., 2S9; Dunn vs. The Peo-
pie, AZ Ills. 467 ; State vs.. Shorts. 81 N.
j.; L., 40l /; Randle W. State, a Tex,
585 I; Chsvannah vs.. State, 40 Ala. 396
Commonwealth VI. MAnderield, 8 Phil,
i59 ; United States VI. 0lney, / Abb, U.
s., 279.)
A lottery 10 Q game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL vs.. State, s
Sneed., 509.l
"A continuance for the distribution OF
prizes by chance ; = reliance upon the
results Of hazard ; . decision Of the values
Of the sd%venturer's investment OF the
favors Of fortune" IL . lottery. wooden
W. shotwell. 4 Zsb., 1867
Where . pvcuniary consideration Ii
paid. and II 10 Determined by lot or chance,
according to soms scheme held out TO the
public what the party who pays the money
Is to have for 1t, or whether ho 10 TO have
anything. IL 10 . lottery" (State vs..
Clarke. 81 N. H., 1856 ; Hull vs.. Ruggles.
90 N. T.. 427.) .
II. makes no difference what name Ia
given to ths scheme.
A rose By any other name would smell a. swest;
A thorn by any other mans would prick - deep.
When the element OF chance enters into
the distribution Of prizes IL 10 . lottery.
without reference 70 the namo by which Il
10 called.
"Hs may choose 70 call his business q
gift sale" said the Court In Dunn W. PEG.
pie. supra, "but II 10 none the less . lot.
terry. and we cannot permit him to ovsde
the penalties Of the law by 90 transparent
. device - . nero change Of name. II II
differs from ordinary lotteries the differ.
encs lies chiefly In the fact that IL 70 more
srtfully contrived TO impose upon the ig.
norant and credulous. and 10. therefore,
more thoroughly dishonest and injurious
to society,""
1.-THE name given to the process and the
form Of the machinery used to accomplish
the object are not material. provided the
substance OF the transaction IL Q distribu.
ton or disposition Of property by lot"
Estate 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" (Rsndls W. State, supra.)
"The character Of the scheme 10 In NO
wise changed BY the charitable purpose
expressed in its title. nor by calling the
drawings entertainments or gift CON.
certs.," (Ex parte Blanchard. suprs.)
Tho fact that NO plan Of distribution has
been determined upon does not relieve the
scheme Of its character a lottery
Thomas ". People. SO Ills. 1881
"Nor 10 IL MATERIAL" said the Court OF
Appeals in the American Art Union case.
" 10 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 ID