Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-27
SUPREME COURT DECISION.
~[uNASIxous orryIoy.l

DeluB 10 estkDllnn hnQ carry on tuo
business Of providing for and giving pub
lie entertainments, In the State Of Nevada,
Of o musical and scientific character, to
sell tickets Of admission 10 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 at such times as may DO do
termined by . Board OF Managers to DO
selectedfo that purpose by tho Board oil
Trustees OF this company" 1t Is pro-
vided that 30 much Of the proceeds Of said
entertainments ''as may be deemed proper
by the Board Of Trustees, but not less than
$500 from each entertainment, are 10
be placed In the State Treasury OF the
state Of Nevada to DO used only for suoh
charitable and benevolent purposes - may
be determined by the Legislature OF the
State Of Nevada"
Tho "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 o, 1881, de.
clares that alt shall be lawful for tho No.
yada Benevolent Association Of the State
Of Nevada to give not exceeding I've public
entertainments or concerts; TO sell tickets
Of admission 10 the Same " 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 all such property or
gifts by rafie or other schemes Of like char
acter." tStat. 1881. l66, Bee. ~
The information filed by the Attorney.
General alleges that respondents, as Trus'
tees OF said association, are, without war.
rant Of law, advertising. printing,
circulating and selling tickets for public
entertainments a." and that they
" base their rights 10 advertise, print. cir
culate and sell tickets for the said public
exhibitions or entertainments, and 10 pur-
chase. use, hold and distribute amongs,
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.
The facts set forth In the information
arc admitted by respondents to DO true.
Arc the acts Of respondents without war
rant Of law2
Is the Act Of the Legislature, approved
March 0, 1881, constituti0nAl2
First-Is tho scheme or enterprise In
which the "Nevada Benevolent Associa
ton " Is engaged Q lottery2
This question Is answered In the afirmt
tive by the decision Of this Court In e.
parts blanchard, 0 New, l0i. Is that do
cision correct2 1t certainly is. 1t Is sus
tsiped by every decision that has beer
rendered by the various courts in tht
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 Z
lottery. Why not? What 10 q lottery
Every scheme for the distribution Of prize.
by chance 10 . lottery. Governors Of thu
Almshouse Of New York W. American Ar
Union. Z N. w., 239; Dunn vs.. Tho PEG
pie, 10 Ills, ACT State vs.. Shorts, 81 N,
j.; L., 40i ; Randlo W. State, A Tex.
685 /; Chavannah W. State, 40 Ala, 396
Commonwealth vs.. Msnderfeld. 8 Phil.
459 /; United States vs.. Olney, ! Abb, U,
b., 279.)
A lottery Is Q game Of hazard In which
small sums arc ventured for the chance o.
obtaining greater. BELL VS.. State, [
Sneed., 509.)
"a continuance for the distribution o.
prizes by chance ; . reliance upon thu
results Of hazard ; o decision Of the values
OF tho adventurer's Investment OF tn,
fsvors Of fortune" Is q lottery. (Wcoder
vs.. shotwell, 4 Zab., 1857
"where . pecuniary consideration Il
paid, and IL Is determined by lot or chance
according to some scheme held out to th,
public what the party who pays the none,
IL to have for II, or whether he 10 to hav,
anything. II Is . lottery" Estate vs.
Clarke. 10 N. H., 335 Hull vs.. Ruggles
SO N. Y, 427.) .
1t makes no difference what name q
given to the scheme.
When the element OF chance enters init
the distribution Of prizes IL Is . lottery
without reference to the name by which l
IL called.
"Ho may choose to call his business
gift SALE" said tho Court In Dunn VI. PEG
pie, supra, "but IL Is mono the less o lot
terry, and we cannot permit him to evad,
the penalties Of tho law by 30 Transparent
. device a. Q nero change Of name. II
differs from ordinary lotteries the differ
ence lies chiefly In the fact that 1t Is NOR,
artfully contrived TO impose upon the ig
norant and credulous, and 10, therefore
more thoroughly dishonest and injurious
10 society,""
"The name given TO the process and tn
form Of the machinery used to accomplish
tho object arc not material, provided tn
substance OF the transaction Is Q distribu
tion or disposition Of property by lot
Estate vs. Clarke. supra.)
Courts will not inquire into tho anne
but will determine the character Of tn,
scheme by the nature OF tho transaction
or business in which tho parties arc en-
gagged" (Randlo vs.. State, supra.)
"The character Of the scheme 10 In NJ
wise changed by the charitable purpos,
expressed In Its title, nor by calling th,
drawings entertainments or gift con
certs.'" (Ex parte Blanchard. supra.)
"The fact that no plan OF distribution hal
been determined upon does not relieve th,
scheme OF Its character as . lottery
Thomas vs.. People. so Ills, 1881
"Nor Is It MATERIAL" said tho Court o
Appeals In the American Art Union case
"to tho question In hand that the prize
were not known and designated when th,
tickets or chances were subscribed snt
paid for. The scheme In this respect Il
more Objectionable than q scheme In which
tho prizes are previously fixed, because 1
affords less security 10 tho subscribers tina
the chance purchased 10 worth tho mono,
psid for It,"
We are Of opinion that the facts stated
In the articles Of incorporation. In thu
statutes, and In tho information. show tina
tho scheme IL one whereby the Legislaturt
OF this State, In consideration OF the sum
Of $250,0 900, to be placed In the Stat.
Treasury, to the credit Of the "Insane ant
Charitable Fund.-" attempted TO authoriz.
the managers Of the "Nevada Benevolen,
Association " to enrich their own pockets.
at the expense Of the people Of this and
other States. by holding out promises o.
the great and sudden gains that might bt
acquired by tho ticket holders ; tha'
golden prizes would DO "the lure TO In
cite the crodulous and unsuspecting int
this scheme.
In tho light Of all the facts that have
been presented 10 would be absurd to say
that the managers Of this scheme arc sim
ply prompted by deeds Of charity and pure
.