Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-14
SUPREME COURT DECISION.
rhs Lssssry sshsos % she No
vaAa osa~vslsas Assessasisa De-
sisssd Unsesssisastoaal.
UNANIMOUS opnnox.l

sisssd Uasssssisasioaal.
UNANIMOUS OPINION.
On the 18Th day OF February. 4. D.
1881. articles Of incorporation Of The "Ns-
vsda Bsnsvolsnt Association" Wsre Aled
IN the once Of The County Clark Of Storey
county. The object Of ths corporation
bsins "to establish and carry On the
buuinsss Of providing for and giving pub
lio sntsrtainmsnts. In the Stats of Nevada.
Of musical and bcisntdo character. to
ssll tickets Of admission 70 sueh sntertain.
msns, and 10 purchase, hold and dis.
tribute among the holders OF such tickets
personal property. real estate. chooses In
sction and other valuable things. upon
such terms and conditions and In such
manner and at such times - may b de-
tsrmined by Board Of kanagers 70 BE-
selected for that parpose BY The Board OF
Trustees Of this company" u 10 pro.
vided that 70 much Of the proceeds OF said
tainments "n may be deemed proper
by the Board Of Trustees. but not less than
$50. 600, from saoh entertAinment. are 70
b placed In The 6tats Treasury Of the
stats Of Nsvada 70 b ussd only for such
charitable and bsasvolsnt purposes - may
b dsssrminsd by the Lssi'lasurs Of The
State Of Nevada"
The "Aot 70 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
purposss'' approved March 8. 1881, do
clares that "it shall Be lawful for the Ne.
vsda Benevolent Association of the State
Of Nevada 70 give not excseding hye public
entertainments or concerts; to sell tickets
Of admission 70 the same; to distribute
among the holders Of such tickets personal
property. real sstats. things In action, do
mands or other valuablss. and 10 regulate
the Distribution Of all suoh property or
gifts By rsfis or other schemes Of like char
sctsr." (Stat. 1881, l66. Sso. ~
The information fled BY the Attorney.
General alleges that respondents, - Trus-
tses Of said association. are, without war.
rant Of law. advertising. printing.
circulating and selling uoksn Tor public
sntsrtainments . ." and that they
:. base their rights to advertise, print, cir.
culats and sell tickets for the said public
exhibitions or entertainments. and 70 pur.
chase, uss, hold and distribute amongst
the holders Of suoh tickets personal pro.
persy, real estate, chooses In action and
other valuable things." upon the Act Of
the Legislature above referred 70.
The fActs set forth In the information
are admitted BY respondents 70 30 true.
Are the acts Of respondsns without war
rant Of lawf
Il the ACT Of the Legislature. approved
March Q, 1881. consttutionalf
first-Is the scheme or enterprise In
which the "Nsvada Benevolent Associs-
ton IL engaged . lottsryf
This question II answered In the sfdrma-
tive BY the decision Of this Court In sr
ports Blanchard. 8 New, l04. II that de-
cision odrrsctf II certainly ID. Il 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 notf What In . lottery .
Every schsms for the distribution Of prizes
BY chance Il Lottery. tGovsrnor's of the
Aimshouss Of New York ". American Art
Union. z N. r.. 2ss; Dunn 70. The Peo-
pie. 40 Ills. <67 State ~. Shorts. " N.
j.; L.. 40i; Randls ". stats, a Tex.
6S5 Chavannsh W. State. 40 Ala. $50
Commonwealth ". Nauderneld. 8 Phil,
439; United states ". 0lney, Abb, U.
g.. 279.)
A lottery 10 game Of hazard In which
small sums are vsntured for the chance Of
obtaining greater. BELL ". State, b
Snsed.. 609.l
"a contrivancs for the distribution Of
prizes BY chance Z reliance upon the
results Of hazard . decision Of the values
Of the adventurer's investment Of the
favors OF fortune" 10 . lottery. (Woodsn
W. Shotwsll. 4 Zab., 1861
"where . peouniary confederation II
paid, and 10 10 determined By lot or chance.
according 70 some scheme held ont 10 the
public what the party who pays the money
IL to have for IL, or whether he 10 10 have
anything. IL 10 . lottsry." (Stats ~.
Clsrks. IS N. r.. SIS Hull ". Rnggles.
So N. Y, x27.)
Il makes no difference what name II
given 10 the scheme.
A rose By any other name would smell ssswsst;
thorn By any other name would prick - deep.
When the element Of chance enters into
the distribution Of prizes IL 10 lottery,
without reference 70 the name BY which 1t
II called.
"Hs may choose TO call his business .
gift SALE" said the Court In Dunn ". Poo
pie, supra. "but 10 II none the less lot.
tery. and We cannot permit him to evade
the penalties Of the Law BY % transparent
Q device a. Q mere change Of name. III 10
differs from ordinary lotteries the dinsr'
ence lies chiefly In the fact that 10 10 more
artiully contrived TO impose upon the ig-
norant and credulous, and 10, therefore,
more thoroughly dishonest and Injurious
10 society"
"Ths name given 10 the process and the
form Of the machinery used TO accomplish
the object are not material, provided the
substance Of the transaction II distribu.
tion or disposition Of property By lot"
(state W. Clarke. supra.)
"Courts will not inquire into the name,
but will determine the charsster Of the
scheme BY the nature Of the transaction
or business In which the parties are en-
gagsd." (Rsndls W. stats. supra.)
1.-THE character Of tho 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 psrss Blanchard. supra
"The fact that NO plan Of distribution has
been determined upon docs not relieve the
schsms Of iu character - lottery.
Thomas ". People. 80 Ills. 1881
"Nor 10 IL material." said tho Court Of
Appeals In the American Art Union case.
"to the question In hand that the prisss
were not known and designated when the
tickets or chances were subscribed and
paid for. The scheme In this respect q
moro Questionable than scheme In which
the prizes are prsviously hxsd. because II
ayords less security 70 ths Subscribers thai
the chance purchased 10 worth the money
psid for It."
We are Of opinion that the facts stated
In the articles Of incorporation. In The
statutes, and In the information. show thai
the scheme 10 one whereby the Legislature
Of this Htate. In consideration Of the sum
Of S2so, 900, 70 bs placed In the stat:
Trsssury, 70 the credit Of The " lnsans and
Chsrita6is Fund.-" attempted 70 suthortss
ths mspasers Of the Nevada Benevolen'
Ls,ocistion I" 70 enrich their own pookets
..---... - Aha vaorle Of thin And