Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-01
suPRtMt COURT DECISION.
The Lottery Scheme Of she Ne.
vada Bsasvolsas Associates De-
clsfed UaconstisusiopaI.
UNANIMOUS oprs1os.l

~ "a
1881, articles Of incorporation Of the "Ne-
vsda Benevolent Association" we're fled
In the ofioe OF tho 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 . 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
tsrminsd by . Board Of Managers 10 DO
seleotsdf for that purpose by the Board Of
Trustees OF this company" II 10 Pre-.
vided that 20 much Of the proceeds Of said
entertainments ''as may be deemed proper
BY the Bosrd Of Trustees. but not less than
$780, QUO, from each entertainment. are TO
be placed In the 6tats Treasury OF the
Htate Of Nevada 10 be used only for suoh
charitable and benevolent purposes ~ may
DO determined By the Legislature Of the
The "Aot to 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-
clarss that "it shall BE- lawful for the Me-
yada Benevolent Association Of the State
Of Nevada 70 give not exceeding i've public
entertainments or concerts; 70 sell tickets
Of admission 10 the same I; " distribute
among the holders Of such tickets personal
| property. real estate. things In action. de-
| msnds or other valusblss, and TO regulate
| the distribution Of all such property or
| gifts by rattle or other schemes Of like char.
sctsr." (Stat. 1851, l66, Sec. ~
The information fled BY the Attorney.
| General alleges that respondents, - Trus-
tees Of said association, arc, without war.
rant Of law, advertising, printing.
| circulating and selling tioksu for public
entertainments . O." and that they
" base their rights 10 advertise. print. cir.
culste and sell tickets for the said public
exhibitions or entertainments. and " 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 tho Act OF
the Legislature above referred 10.
The facts set forth 10 the Information
are admitted by respondents TO DO true.
Arc the acts OF respondents without war
rant OF lawf
Is the Act Of the Legislature. approved
March Q, 1881. consitutional2
First-Is tho scheme or enterprise In
which the "Nevsda Benevolent Associs-
ton =" Ii engaged . lottery2
This question 10 answered In the sfirmA-
tive by the decision Of this Court In or
parte Blanchard, 0 New, l04. Is that do
cision cvrrectf 1t certainly Is. 1t Is 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 4
lottery. Why n0t2 What is . lottery2
Every scheme for the distribution Of prizes
by chance Is Q lottery. lGovernor'so VI the
Almshouse OF New York W. American Art
Union. z N. w.. $50; Dunn W. The Peo-
pie, 40 Ills, 467 State vs.. Shorts, 81 N.
j.; L., 40l |; Handle vs.. State, ~ Tex.
685 /; C~havAnnah W. State, 40 Ala. 396 ;
Commonwealth vs.. Manderfeld, 8 Phil,
4o9 +; United States Va. Olnvy, l Abb, U.
b., 279.j
A lottery il Q game Of hazard In which
small sums are yentured for the chance Of
obtaining greater. BELL vs.. State, 8
Sneed., 609.J
"a continuance for the distribution OF
prizes by chance . reliance upon the
results Of hazard ; . decision Of the values
Of the adventurous investment OF the
fsvors OF fortune" ID o lottery. wooden
Vi. Hhotwell, 4 Zab., 1851
Where . %pecuniary consideration 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
Is TO have for IL. or whether he 10 to have
anything, IL 10 . lottery" Estate VI.
Clarke. IS N. H., 1856 Hull VI. Ruggles.
90 N. Y, 427.)
1t makes no difference what name 10
given 70 the schems.
A ross BY any other name would smell a. sweet;
a thorn by any other name would prick a. deep.
When the element Of chance enters into
the distribution Of prizes IL IL . lottery.
without reference 70 the name by which 1t
10 called.
"He may choose TO call his business 0
gift SALE" said the Court In Dunn 70. Peo.
pie, supra, but II 10 none the less . lot.
terry, and we cannot permit him to evade
the penalties Of the law by 90 transparent
Q device % Q nero change OF name. II IL
differs from ordinary lotteries the differ
sncs lies chiefly In the fact that 10 II more
artfully contrived to impose upon the ig-
norant and credulous, and 10, therefore,
more thoroughly dishonest and injurious
70 society"
1.-THE name given 10 the process and the
form Of the machinery used 70 accomplish
tho object are not material. provided tho
substance Of tho transaction II . distribu.
tion or disposition Of property by lot"
(stste ". Clarke, supra.)
Courts will not inquire into the name.
but will determine the character OF the
scheme by tho nature Of the transaction
or business In which the parties are en-.
gagged" (Rsndls 70. State. supra.)
"The character Of the scheme 10 In no
wise changed by the charitable purpose
expressed In its titlo, nor by calling the
drawings entertainments or gift CON.
certs.'" (Ex parte Blanchard, supra.)
"The fact that no plan Of distribution has
been determined upon docs not relieve the
scheme OF Its character a. . lottery"
Thomas VI. People. SO Ills, 1881
NoE i. hhbtoNiss beiu tuo S0uI VI
Appeals In the American Art Union case.
go 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 10
moro Questionable than Q scheme In which
the prizes are previously fixed, because It
affords less security TO the Subscribers that
the chance purchased Ia worth the money
paid for IT,"
We are Of opinion that the facts stated
In the articles Of incorporation, In the
statutes, and In the information. show that
the scheme IL one whereby the Legislature
Of this State. In consideration Of the sum
Of $25o, 600. to be placed In the State
Treasury, 20 the credit Of the "Insane and
Charitable Fund" attempted to authorize
the managers Of the Nevada Benevolent
Association " 70 enrich their own pockets,
At the expense Of the people Of this and
other States. by holding out promises Of
the great and sudden gains that might DO
acquired by the ticket holders that