Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-12
SUPREME COURT DECISION.
The Lottery Scheme Of she Ne.
vada Bsn-veless Asssciasiea De.
Glazed Uncosssisutional.
oprN1oN.l

being " 10 establish and carry on the
business Of providing for and giving pub
lie entertainments, In the State Of Nevada,
Of Q musical and scientific character. to
sell tickets Of admission to such entertain.
ments. and 10 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 be dc.
termined BY . Board Of Managers TO be
selected for that purpose By the Board Of
Trustees Of this company" II 10 pro-
yidsd that 90 much Of the proceeds Of said
entertainments ''ss may be deemed proper
BY the Board Of Trustees, but not less than
$1,000, from each entertainment, are to
be placed In the State Treasury Of the
state Of Nevada to be used only for such
charitable and benevolent purposes ~ may
be determined BY the Legislature Of the
State Of Nevada"
The Act to Aid the Nevada Benevolent
Association In aiding In providing mean
for the care and maintenance Of the In.
zane Of Nevada. and for other charitable
purposes approved March 0. 1881, de-
clsres that III shall be lawful for the Me-
vadA Benevolent Association Of the State
Of Nevada 20 give not exceeding i've 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-
mands or other valuables, and 10 regulate
the distribution Of all such property or
gifn by rattle or other schemes Of like char
acter." (Stat. 1881, l66, Seo. ~
The information fled by the Attorney
General alleges that respondents, ~ Trus-
tees Of said association, are, without war.
rant Of Law. advertising. printing,
circulating and selling tickets for public
entertainments = e." and that they
e base their rights to advertise. print, cir.
oulate and sell tickets for the said public
exhibitions or entertainments. and 70 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 70.
The facts set forth In the information
are admitted by respondents to DO true.
Are the acts Of respondents without war.
rant Of lsw2
Ii the Act Of the Legislature, approved
March o. 1881. c~onsutuionalf
First-Is the scheme or enterprise In
which the "NevadA Benevolent Associa.
ton " Is engaged . lottery2
This question 10 answered In the afarmi-
tive BY the decision Of this Court In or
parts Blanchard. 0 New, l04. Is that dc.
cision correct2 II certainly Is. II 10 sus.
tzired by every decision that has been
rendered BY the various courts In the
United States upon this question.
Notwithstanding this fact, w are now
earnestly asked TO declare that the musical
entertainment which the Nevada Bensvo-
lent Association proposes 70 give Is not =
lottery. Why notf What Is . lottery 2
Every scheme for the distribution Of prizes
by chance 10 . lottery. Governors Of the
Almshouss Of New Yoyk W. American Art
Union. 2 N. Y... 239; Dunn W. The Peo-
pie, ~ Ills. 467 ; State W. Shorts, 50 N.
j.; L.. 40l ; handle VI. State, A Tex.
oS5 |; Chavannsh W. State. 40 Ala. 1856 ;
Commonwealth W. Manderdsld, 8 Phil,
ios United States W. 0lney, l Abb. q.
b., 49,
A lottery 10 . game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. tBsll vs.. State, 8
Snsed.. 609.l
"a continuance for the distribution Of
prizes by chance |; . reliance upon the
results Of hazard ; . decision Of the values
Of the sdvsntursr's investment Of the
fsvors OF fortune" 10 . lottery. wooden
VI. Shotwell. 4 Zsb.. 1851
"Where . pecunisry consideration Ii
paid, and IL 10 determined by lot or chance.
according to some scheme held nj 10 the
public what the party who pays the money
Is 10 have for 1t. OF whether he IL to have
anything, 1t IL . lottery" Estate VI.
Clarke, 50 N. H.. ss5; Hull vs.. Ruggles.
So N. T., 427.)
Il makes no difference what name 10
given to the scheme.
A rose by any other name would smell o. sweet;
a thorn BY any other name would prick a. deep.
When the element OF chance enters into
the distribution Of prizes II Ia . lottery.
without reference 70 the name by which II
10 called.
"He may choose 70 call his business .
gift sale" said the Court In Dunn W. Peo-
pie, supra. "but IL IL none the less . lot
terry. and We cannot permit him to evsde
the penalties Of the law by 30 transparent
. device a. . nero change Of NAME. II 1t
differs from ordinary lotteries the differ.
encs lies chiefly iu the fact that IL u more
artfully contrived to impose upon the ig.
norant and credulous. aud Is, therefore,
more thoroughly dishonest and injurious
to society"
1.-THE name given to the process and the
form Of the machinery used 10 accomplish
the object are not material, provided tho
substance Of the transaction II . distribu.
ton or disposition Of property BY lot"
Estate W. Clarke. supra.)
Courts will no. inquire into the namo,
but will determine the character OF the
scheme by the nature Of the Transaction
or business In which the parties arc en-
gagged" (Randls W. State. supra.)
1.-THE character Of the scheme 10 In no
wise changed BY the charitable purpose
expressed In It's title. nor BY calling the
drawings entertainments or gift con.
oerts.'" (Ex parte Blanchard. supra.)
1.-THE fact that no plan Of distribution has
boon determined upon does not relieve the
scheme Of its character u . lottery"
Thomas W. People. SO Ills. 1881
"Nor 10 10 material" said the Court OF
Appeals 10 the American Art Union case.
TO 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
more Objectionable than . scheme In which
the prizes are previously fixed. because Il
affords less security 10 the subscribers that
the chance purchased is 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 that
the scheme 10 ono whereby the Legislature
Of this State. In consideration Of the sum
Of S2s0. 0O0, to be placed In the State
Treasury. 70 the credit Of the "Inssns and
Charitable Fund" attempted to authorize
the managers Of the Nevada Benevolent
Association " 10 enrich their own pockets,
ct 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
golden prizes would DO "the lure 10 In.
cite the credulous and unsuspecting into
this scheme"
In the light Of all the facts that have
been presented 10 would be absurd TO say
that the managers Of this scheme ara aim.