Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-21
SUPREME couar pfcIsloN.
fuxAxusous ops1ox.l

II
sisssa uassssiisastesaa.
UNANIMOUS OPINION.
On the 18th day OF February. A. D.
| 1881, articles Of incorporation Of the "Ns.
vsds benevolent Association" vsiS Aled
In ths once OF The County Clark Of Storey
| comfy. The object Of ths oorporation
hsinr 70 sstahlish and carry On the
busIness Of providing for and giting pub
iio snt.r,sinmsnts, n he Stsss II Nevada.
/ Of musical and scientific charaotsr. 70
ssll tickets Of admission 70 such snscrs.in'
meuu, and 70 purchase. hold and dis
tribute among The holders OF such tickets
personal property, rssl estAte. cnoses ID
action and other valuable thtns.. upon
such terms and conditions and IN such
manner and at such tinee = may b DE-
tsrmined By . Board Of Manager 70 b
sslsctsd for that parposs By The Board Of
Trustsss Of this company" y pre-.
vided that 70 muoh of the procseds Of said
entsrtainmsnts '.as may b deemed proper
/ by the Board of Trustees. but not Ieas Than
| $50. 90, from saah sntsstainnsut. are 70
/ b. placed In tbs 6tats Trsasury Of the
| Stats Of Nevada 70 b ussd only for suoh
charitable and bsnsvolsnt purposes - may
b dsssrmined by the Lssislasars Of the
Stats Of Nevada"
The "Acs to Aid the Nevada Bsusvolsnt
| Asseolation In aiding In providing means
| for TIA care and maintenance Of the In
sane Of Nevada. and for other charitable
| purposes' fapproved March .. l6sl), do
olares that "it shall bs lawful Tor the No
| ysds Benevolent Association Of the State
Of Nevada 70 give not sxoeeding dye public
| entertainments or concerts; 70 sell tickets
Of sdmission 70 the same ~ distribute
smong the holders Of such tickets personal
property, real estate, things In action, de-
msnds or other valuables. and 10 regulate
| the distribution Of all suoh property or
gifts by rafie or other schemes Of Like char
sotsr." (Stat. 1881. le6. Ssc. ~
The information flsd By the Attorney
General alleges that respondsnts, - Trus-
tees Of said association. arc. without war
rant Of Law, advertising. printing,
circulating and sailing tioksu for public
snsertsinments . . ." and that they
/" base their rights 10 advertise. print. OR.
oulats and sell tickets for the said public
exhibitions or entertainments, and 70 pur-
chase, uss, hold and distribute amongst
the holders Of such tickets personal pro.
perty, real estats. chooses In action and
other valuable things." upon the ACT OF
the Legislature above referred 70.
Tho fscts sst forth in the information
are admitted By respondents 70 b true.
Are the aots Of respondents without war.
rant Of lawf
Il the Act Of the Lesislaturs. approved
March 8, 1881, constitutionalf
Fint-h the scheme or enterprise In
which the "Nsvada Benevolent Assooia'
ton" II engaged . lottsryf
This question II answered In the amrma-
/ tive by the decision Of this Court In s<
| parts Blanchard. Q New, l04. II that de-
cision correct7 Il certainly 10. IL 10 sus.
taired By every decision that has been
rendered BY the various courts In the
/ United States upon this question.
i Notwithstanding this fact, vs are now
earnestly ssksd to declare that the musical
entertainment which the Nevada Bensvo-
lsns Association proposes 70 give u NOT !.
lottery. Why not2 What u lottery .
Every scheme for the distribution Of prisss
BY chance II lottery. tGovsrnor's of tne
Aimshouss Of New York ". American Art
Union. z N. Y... 2ss; Dunn 70. The Peo-
pie. 20 Ills. 467 State ". Shorts, " N.
j.; L., 40i handle ". Stats, ~ Tex.
| 6s5 ChavannAh 70. State, 40 Ala. 396 ;
| Commonwealth 70. xandsrhsld. y Phil,
Sss; United satss ". olnsy. I Abb, U.
g.. 179.)
A lottery ID . game Of hazard In which
su ell sums are vsntured for the chance Of
Oh hnins greater. BELL ". State, D
IL ID. 5o9.l
"a conuivancs for the distribution Of
prisss By chance Q reliance upon the
rssults Of hazard dscision Of the values
Of the sdvsntursr's investment Of the
fsvors OF fortune" 10 . lottery. (Woodsn
W. shotvsll, 4 Zab., 1851
"whsrs . peouniary confederation 10
paid. and Il 10 determined By lot or chance,
according 70 some scheme bald out 70 the
public what the party who pays the money
u 70 have for 10. or whsther he 10 70 have
anything. 10 10 . lottery" (State W.
Clarke. IS N. T.. SIS; Hull ~. Rugsies.
90 N. Y, i27.) =
I, makes no difference what name u
given 70 the scheme.
A rose by suy other name would smell - sweet;
4 th.rn By any other name woald prick - dssp.
when the element Of chance enters Into
the distribation Of prizes Il u lottery.
without reference 70 the name BY which u
10 called.
"Hs may choose 70 call his business q
siit sals," said the Court In Dunn W. Poo
Die, supra, "but 10 u none the less . lot
ssry, and We cannot permit him to svade
/ the penalties OF the Law BY % transparent
| . device q Q mere change Of name. II 4,
| difIsrs from ordinary lottsries the diner
enos liss chiefly In the fact that II 10 more
artfully contrived to impose upon the ig'
norant and crsdulous, and u, therefore,
more thoroughly dishonsss and Injurious
70 society" ..,
"Ths name given TO the process and The
form Of the machinery used 70 accomplish
tho sbjsot are not material. provided the
substance Of the Transaction II disrtbu.
ton or disposition Of property by lot"
(6tats "! Clarke. SUPRA
"Courts will NOT inquire into the name,
but will determine the character Of tho
scheme BY the nature Of the trsnsacdon
or business In which the parties are en-
gsged." (Randls ". 6tats. suprs.)
"Ths oharseter Of the scheme II In nc
wise changed BY the charitable purpose
expressed in IL title. nor BY calling the
drawings entertainments OF gift CON
oerts.'" Ex parte Blanchard. SUPRA
"The fact that no plan Of distribution ha'
been determined upon does not relieve ths
scheme Of ia character - lottery.
(Thomas ". People. 50 Ills. 1881
"Nor 10 10 material" said the Court o
Appeals in the American Art Union case
go the question In hand that the prisei
were not known and designated when th,
tickets or chances were subscribed anf
paid for. The scheme In this respect y
more Objectionable than sohsms In which
the prizes are previously hxsd. bscauss !
adords less security 10 the subscribers tha
the chance purehassd is worth the moDs!
paid for It."
We are Of opinion that the facts statst
In The articles Of incorporation. In th
stasutes, and In The information. show ths
The scheme ID one whereby the Lsgislatar'
| Of this stass. In consideration Of the sun
Of Saso, 900. 70 bs plscsd In th4 stae
Trsssury, 70 the credit Of the In me AM
Chsritabis Fund" attemptsd 70 suthoris
he manaesrs Of The "Nsvsda Bsnsvolsn
Issociation /" 70 enrich thsir own pockets
Il - ~ v>sn<4la NJ tbia AMI