Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-14
SUPREME COURT DECISION.
UNANIMOUS oprsIos.l

being "to 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 to 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 Of such times as may be de-
termined by Q Board Of Managers to be
selected for that purpose by the Board OF
Trustees Of this company" II 10 pro.
vidcd that 30 much Of the proceeds Of said
entertainments 'as may DO deemed proper
by the Board Of Trustees, but not less than
$50. 200, from each entertainment. are to
be placed In the State Treasury OF the
STATE Of Nevada 10 be used only for such
charitable and benevolentpurposes a. may
DO determined BY the Legislature Of the
State Of Nevada"
The "Act 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 0, 1881, de-
clares that sit shall be lawful for the Ne.
vada Benevolent Association Of the State
Of Nevada to give not exceeding Ave public
entertainments or concerts; to sell tickets
of admission TO the same; to distribute
among the holders Of such tickets personal
property, real estate, things In action, de-
mands or other valuables, and to regulate
| tho distribution Of oil such property or
gifts by ratio or other schemes Of like char
scter." (Stat. 1881, i66, Bee. ~
The information filed by the Attorney
| General alleges that respondents, ss Trus-
| tees Of said association, are, without war.
rant Of law, advertising, printing,
circulating and selling tickets for public
| entertainments = . o." and that they
base their rights TO advertise, print. cir.
culate and sell tickets for the said public
exhibitions or entertainments, and to 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 oil
tho Legislature above referred to.
Tho facts set forth In the information
are admitted by respondents TO DO true.
Are the acts Of respondents without war
rant Of law?
Is the Act Of the Legislature, approved
March 0, 1881, constitutional2
First-Is the scheme or enterprise In
which the Nevada Benevolent Associa'
ton " Is engaged q lottery2
This question 10 answered In the afirma'
tive by the decision Of this Court In ca
parte Blanchard, 0 Nev.,' l04. Is that do
cision corroct2 1t certainly Is. 1t Is sus'
tsired by every decision that has beer
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact, VIC are nov
earnestly asked to declare that the musical
entertainment which the Nevada Benevo
lent Association proposes to give is not .
lottery. Why n0tp What Is . lottery
Every scheme for the distribution Of prizes
by chance is o lottery. Governors Of tho
Almshouso Of New York vs.. American Ar
Union, z N. Y.., $50 !. Dunn Va. The Poo
pie, 40 Ills, ACT; State vs.. Shorts, % N,
j.; L., 40l |; handle vs.. State, AZ Tex.
585 ; Chavannah W. State, 40 Ala. 39G
Commonwealth Va. Manderfield, 3 Phil.
$50 ; United States vs.. 0lney, | Abb, U,
g., 279.)
A lottery Is Q gamo OF hazard In which
small sums are yentured for the chance o.
obtaining greater. (Bell VI. State, !
sneed., 5O9.l
"a contrivance for tho distribution o.
prizes by chance ; o reliance upon thu
results Of hazard q decision Of tho values
Of tho adyenturer's investment OF thu
favors OF fortune" Is q lottery. (Wooder
vs.. Shotwell, 4 Zsb., 1857
"whero Q ~pccuniary consideration Il
| rail .oI 10 10 d.taruntunI bv lot 0r nhsuNa
according TO some scheme held out to thu
public what tho party who pays the none,
10 to have for 1t, or whether ho is to hav,
anything. It 10 q lottery" (State vs.
Clarke, SO N. H., 335 Hull W.. Ruggles
90 N. Y, 427.)
1t makes no difference what namo 4
given to the scheme.
When the element OF chance enters init
tho distribution Of prizes IL 10 . lottery
without reference to the namo by which
IL called.
"Ho may choose to call his business
gift SALE" said the Court In Dunn VI. PEG
pie, supra, "but II IL none tho less o lot
terry, aud We cannot permit him to ovad'
tho penalties Of the law by so Transparent
o device as 0 nero change Of name. II 1
differs from ordinary lotteries tho differ
ence lies chiefly In the fact that II Is NOR,
artfully contrived to impose upon tho ig
norant and credulous, and Is, therefore
moro thoroughly dishonest and injurioui
to society,""
"The name given 10 the process and tn
form Of tho machinery used to accomplish
the object arc not material, provided tn,
substance OF the transaction IL o distribu
ton or disposition Of property by lot
(Stato vs.. Clarke. supra.l
Courts will not inquire into the name
but will determine tho character OF th,
scheme by tho nature OF tho transaction
or business In which tho parties arc en-
gagged" (Hsndlo vs.. State, supra.)
"The character Of tho scheme 10 In n,
wiso changed by the charitable purpos
expressed in Its title, nor by calling tn
drawings 'ontertainments or gift con
certs.'" lex psrte Blanchard, supra.)
"Thc fact that no plan OF distribution ha
been determined upon does not relieve tn
scheme Of It's character n . lottery
Thomas vs.. People, 80 Ills, 1881
"Nor is II material" said tho Court o
Appeals In tho American Art Union case
"to the question In hand that the prize,
were not known and designated when th,
tickets or chances were subscribed ant
paid for. , Tho scheme In this respect 4
moro Objectionable than . scheme In which
tho prizes are previously fixed. because I
affords loss security to tho subscribers tina
tho chance purchased is worth tho none,
paid for It,"
We are Of opinion that the facts stated
In the articles Of incorporation, In thu
statutes, and In the information, show tina
the scheme IL one whereby the Legislature
Of this State, In consideration OF the sun
Of $780, 900, TO be placed In the Stat.
Treasury. to the credit Of the Insane ant
Charitable Fund.-" attempted TO authorize
the managers Of the Nevada Benevolent
Association " to enrich their OWE pockets
ct the expense Of tho people OF this ant
other States. by holding out promises o.
the great and sudden gains that might b
acquired by the ticket holders tha'
golden prizes would DO "the lure to In
cite tho crodulous and unsuspecting int
this scheme"
In tho light Of all tho facts that havt
been presented Il would DO absurd to say
A., A.. en.u.ror. ~ Shts srbamo ara aim.