Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-25
SUPREME COURT DECISION.
The Lottery scheme Of the Ne.
vada 8sa.v etess Asseciastsa Do
Glazed Unooasslsasi0usl.
UNANIMOUS otrN1oS.l

1881, articles OF incorporation Of tho NE.
ysda Benevolent Association" were died
In the ONCE OF the County Clerk Of Storey
| county. The object Of the corporation
| being ito establish and carry on the
business Of providing for and giving pub
lilo entertainments, In the State Ut Nevada
| Of q 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 10
| action and other valuable things, upon
such terms and conditions and In U
manner and ct such times a may be de-
,ermined by . Board Of Managers TO- be
selected for that purpose by the Board OF
Trustees Of this company" It 10 pro.
vided that so much Of the proceeds OF said
entertainments ''ss may be deemed proper
By the Board Of Trustees. but not less th.n
$50, QUO, from each entertainment, arc 70
be placed In the State Treasury OF the
Stste Of Nevada 10 be used only for such
| charitable and benevolent purposes 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 aud maintenance OF the In
s.ne Of Nevada, aud for other charitable
purposes. approved March 0, 1881, de-
| clsrss that ''it shall be lawful for the Ne.
ysds Benevolent Association Of the State
Of Nevada to give not exceeding Ave public
entertainments or concerts; 70 sell tickets
of admission TO the same ~ distribute
among the holders Of such tickets personal
Of operty, real estate, things In action, dc.
maids or other vsluables, aud TO regulate
the distribution Of all such property OF
gifts by raffie or other schemes OF like char
scter." lStat. 1851, 1855. Bee. ~
The information fled by the Attorney.
General alleges that respondents, ~ Trus'
tees OF said association. are, without war
rsnt Of Law, advertising, printing
circulating and selling tickets for public
entertainments =" and that they
:. base their rights to advertise. print. or
culsts and sell tickets for the said public
exhibitions or entertainments. aud ~ pur'
chase, use, hold aud distribute am0ngs,
the holders Of such tickets personal pro,
perty, real estate, chooses IN sction and
other valuable things" upon tho Act o.
the Legislature ab0ve referred to.
The facts set forth 10 the Information
are admitted by respondents to DO true.
Are the acts Of respondents without war
rant Of lsw2
Is the Act Of the Legislature. approved
March o. 1851, consutuuonxlf
Flrst-Is the scheme or enterprise IL
which the "Nevsds Benevolent Associa
ton" Is engaged . lottery2
This question IL answered In the afirmi
tive by tue decision Of this Court IN "a
oarts Blanchard. y New, l0i. Is that de
cision cvrrect2 II certainly Ia. II Is sus'
taired by every decision that has beer
rendered by the various courts In tn,
United States upon this question.
Notwithstanding this fact, We are nov
earnestly asked TO declare that the musicz
entertainment which the Nevada Benevo
lent Association proposes 70 give 10 NOT
lottery. Why not? What 10 . lottery
Every scheme for the distribution Of prize'
by chance 10 . lottery. Governors Vi TIT
Almshuuss Of New York W. American Ar
Union. Z N. ", 2s9; Dunn vs.. The PEG
pie, ~ Ills, 467 State vs.. Shorts, W N,
j.; L., 4Ui handle vs.. State, ~ Tex.
oS3 ; Chavannah vs.. State, 40 Ala. 3y6
Commonwealth vs.. Msndsrield, y Pull.
46y ; United States vs.. Oiney, l Abb, U,
b., 279.)
A lottery Is Q game OF hazard In which
small sums are vsntured for the chance ol
obtaining greater. BELL VI. State, !
Sneed.. $685.
"a contrivsnce for tho distribution ol
prizes by chance /; Q reliance upon th,
results OF hazard ; q decision Of the values
Of the adventurer's investment OF th,
favors OF fortune" 10 q lottery. (WCodsr
W. ShUtwell, 4 Zab., 1851
"Wnere Q %pecuniary consideration II
paid, and 1t 10 determined by lot or chance
according to some sch,m held out to the
public what the party who pays the money
10 10 have for 1t, or whether he 10 to hAv,
anything, 1t 10 Q lottery" Estate vs.
Clarke, 50 N. H., 1855 Hull vs.. Ruggles
81 N. Y, 427.)
It makes no difference what name II
given " the scheme.
A rose By any other name would pmell aseweet
tnvrn BY any other nams would prick Is deep
When the element Of chance enters ints
the distribution Of prizes IL 10 . lottery
without reference to the name by which 1
IL called.
"He may choose 70 call his business
gift SALE" said the Court In Dunn W. PEG
pie, supra, "but Il 10 none the less . lot
terry, and We cannot permit him to evsd,
the penalties Of tho law by 80 transparent
. device as = mere change Of name. II Il
differs from ordinary lotteries the differ
encs lies chiefly Ia the fact that 10 In NOR,
artfully contrived to impose upon the ig
norsnt and credulous. and IL. therefore
more thoroughly dishonest and injuriouI
to society,""
1.-THE name given to tho process and tn,
form Of the machinery used TO accomplish
the object are mot material, provided thu
substance Of the transaction Is Q distribu
ton or disposition Of property by lot
Estate W. Clarke. supra.)
Courts will not inquire into the name
but will determine the character Of tn,
scheme by the nature Of the transaction
or business In which the parties are en-
gagged" tRsndls vs.. State, supra.)
1.-THE character Of tho scheme 10 In M
wise changed by the charitable purpos,
expressed In Its title, nor by calling th,
drawings entertainments or gift con
certs.'" LEX parte Blanchard. supra.)
"Tbo fact that nj plan Of distribution hal
been determined upon does not relieve thu
scheme OF Its character 10 o lottery
Thomas VI. People. 90 Ills, 1851
"Nor Is 1t material" said the Court o.
Appeals In the American Art Union case
"to the question In hand that the prizel
were not known and designated when tn,
tickets or chances were subscribed ant
paid for. The scheme In this respect II
more Objectionable than . scheme In which
the prizes are previously fixed. because Il
affords less security to the subscribers thai
the chance purchased 10 worth the none,
psid for it,"
We are Of opinion that the facts stated
In the articles Of incorporation. In the
statutes. and In the Information. show thai
the scheme 10 Que whereby the Legislature
Of this State. In consideration Of the sum
Of $3.50. 0U0, to be placed In the State
Treasury, 70 the credit Of the Insane and
Charitable Fund.-" attempted 10 authorizes
the managers of.the "Nsvada Benevolent
Association " 10 enrich their v pockets,
At the expense Of the people Of this and
other States, BY holding out promises Of
the great and sudden gains that might be
acquired by the ticket holders; thai
golden prizes would be "the lure TO In