Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-03
SUPREME COURT DECISION.
The Lottery Scheme Of she Ne
vada Benevslees A~ssociatisa De-
clarod UacoasilsuSional.
opISIoN.l

On the 18th day OF February, A. D.
1881, articles Of incorporation Of the ''Ne-
vsda Benevolent Association" were filed
In the ofioe OF the County CLERK Of Storey
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 . musical and scientific character, to
sell tickets Of admission TO such entertain.
ments, 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 terms and conditions and In such
manner and ct such times - may DO do
termined BY . Board Of Managers 10 DO
selected for that purpose BY the Board Of
Trustees Of this company" II 10 pro.
vided that 90 much Of the proceeds OF said
entertainments "s may be deemed proper
by the Board Of Trustees, but not less than
$50. 0O0. from each entertainment, are 70
DO placed In the Stats Treasury Of the
Htate Of Nevada TO DO used only for suoh
charitable and ~bsnsvolsnt purposes ~ may
be determined BY the Legislature Of the
State Of Nevada"
The "Aot to Aid the Nevsds Benevolent
Association In aiding In providing means
for ths care and maintenance Of the In.
sane Of Nevada, and for other charitable
purposes'' approved March 0, 1881, dc.
clsrss that '.it shall b lawful for the Ne
vada Benevolent Association OF the State
Of Nevada 70 give not exceeding 1--WE public
entertainments Or concerts; 70 sell tickets
Of admission TO the same ~ distribute
among the holders Of such tickets personal
property, real estate, things In action, de-
msnds or other valuables, aud 10 regulate
the distribution Of all such property or
gifts BY rattle or other schemes Of like char
scter." tStAt. 1881, 1866, Sec. ~
The information filed by tho Attorney.
General alleges that respondents, - Trus-
Of said association. are, without war.
rent OF law, advertising. printing.
circulating and selling tickets for public
entertainments . ." and that they
e base their rights 10 advertise. print, OR.
culats and sell tickets for the said public
or entertainments. aud ~ 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 fsots set forth In the information
are admitted by respondents to be u
Arc tho acts Of respondents without war
rant Of lawf .
II the Act Of the Legislature, approved
March Q, 1881, CONSTITUTIONAL
First-ls the scheme or enterprise In
which the "NevadA Benevolent Associa.
ton" Is engaged . lottery2
This question Is answered In tho afarma-
tive by the decision Of this Court 10 er
parfe Blanchard. 0 New, l04. Is that dc.
cision cOrreot2 II certainly Is. II ID sus.
tsired by 'cvery decision that has been
rendered by tho 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 not2 What is . lottery 2
Every scheme for tho distribution ofprizes
by chance Is . lottery. Governors VI the
Almshouse Of New York W. American Art
Union. z N. Y.., 239 Dunn W. The Poo
pie, AZ Ills, 467 State VI. Shorts, 81 N.
j.; L., 40l ; Randle W. State, AZ Tex.
685 ; Ohavannah w. State, 40 Ala. 396 ;
469 ; United States vs.. Oiney, l Abb, U.
b., 279.)
A lottery Is . game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL vs.. State, s
Sneed., 509.l
"a contrivance for the distribution Of
prizes by chance I; . reliance upon the
results Of hazard ; . decision Of the values
OF the adventurer's investment OF the
fav0rs OF fortune" Is . lottery. wooden
vs.. Shotwell. 4 Zab.. 1851
Where . pecuniary consideration 10
paid, and IL is 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 IL, or whether he 10 70 have
anything, 1t is . lottery" Estate vs..
Clarke, 80 N. H., S35 Hull W.. Ruggles,
Sc N. Y, 427.) 1888
1t makes no difference what name Ia
given ~ the scheme.
A rose BY any other namo would smell % sweet;
a thVrn by any other name would prick ~ deep.
When the element OF chance enters into
the distribution Of prizes IL is . lottery,
without reference 70 the name by which Il
10 called.
"He may choose 10 call his business q
gift SALE" said the Court 10 Dunn W. PEG.
Pile, supra, "but II 10 none the less . lot.
terry. and We cannot permit him to ovade
the penalties Of the law by % transparent
. device a. . mere change Of name. II II
differs from ordinary lotteries the differ.
enoe lies chiefly In the fact that 1t 10 more
artfully contrived to impose upon the ig.
norant and credulous, and 10, therefore,
more thoroughly dishonest and injurious
TO society"
"Ths name given To the process and the
form Of the machinery used 10 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 notinquire 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.)
"Tho character Of the scheme 10 In nc
wise changed BY the charitable purpose
expressed In it, title, nor by calling the
drawings entertainments or gift con.
oerts.'" (Ex parte Blanchard, suprs.)
"Tho fact that no plan Of distribution has
been determined upon does not relieve the
scheme OF Its character a. 0 lottery"
Thomas VI. People. SO Ills. 1881
"Nor 10 IL material" said the Court Of
Appeals 10 the American Art Union case,
ITO 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
more Objectionable than . scheme In which
the prizes are previously fxed. because II
affords less security TO the subscribers that
the chance purchased is worth the money
psid for It,"
We are Of opinion that tho facts stated
In the articles Of incorporation, In the
statutes, and In the information, show thai
the scheme II u whereby the Legislature
Of this State, In consideration OF the sum
Of $250. 900, to be placed In the State
Treasury, 70 the credit Of tho Insane and
Charitable Fund" attempted to authorizes
the managers Of the "Nevsda Benevolent
Association +" TO enrich their own pockets,
at the expense Of the people Of this and
other States. by holding out promises oi
the great and sudden gains that might be
acquired by the ticket holders; that