Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-03
SUPREME COURT DECISION.
UNANIMOUS oprNroS.l

On the 10th day OF February. A. D.
1881. articles Of incorporation Of the "Ne-
vsda Benevolent Association were fled
In the office OF the County Clerk OF Storey
county. The object Of tho corporation
being "to establish and carry on tho
business OF providing for and giving pub
lie entertainments, In tho State OF Nevada,
Of o musical and scientific character, to
sell tickets Of admission to such entertain.
ments, and to purchase, hold and dis
tribute among tho 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 de-
termined by Q Board Of Managers to DO
selected for that purpose by the Board Of
Trustees Of this company" 1t Is pro-
vided that so much Of tho proceeds Of said
entertainments "as may DO deemed proper
by the Board Of Trustees, but not less than
$780, 900, 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 q may
be 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 8, 1881, de-
clares that ''it shall be lawful for the Ne.
yads Benevolent Association Of the State
Of Nevada to give not exceeding Eve public
entertainments or concerts; to 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 to regulate
the distribution OF all such property or
gifts by rattle or other schemes Of like char
acter." tStat. 1881. l66, Sec. ~
The information aled by the Attorney
General alleges that respondents, a. Trus-
tees Of said association, arc, without war
rant Of law. advertising, printing,
circulating and selling tickets for public
| entertainments \ T." and that they
" base their rights to advertise, print. cir.
culste and sell tickets for the said public
exhibitions or entertainments, and 10 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 to.
The facts set forth In tho information
are admitted by respondents TO DO true.
Arc the acts OF respondents without war
rant Of lawp
Is the Act Of the Legislature, approved
March 0, 1881, constitutional
First-Is tho scheme or enterprise In
which the "Nevada Benevolent Associa-
ton " Is engaged . lotteryf
This question Is answered In the afirma-
tive by tho decision Of this Court In er
parte Blanchard, 9 New, l0i. Is that de-
cision correctp 1t certainly Is. 1t Is sus-
taired by every decision that has been
rendered by the various courts 10 the
United States upon this question.
Notwithstanding this fact, We are now
earnestly asked to declare that tho musical
entertainment which the Nevada Benovo-
lent Association proposes to give is not .
lottery. Why not2 What Is q lottery
Every scheme for the distribution Of prizes
by chance IL q lottery. Governors of tho
Almshouse Of New York vs.. American Art
Union, Z N. w., $50; Dunn vs.. Tho Pco-
pie, Az Ills, ACT ; State vs.. Shorts, 81 N.
j.; L., 40l /; Randle vs.. State, AZ Tex,
685 /; Chavannah VI. State, 40 Ala, 396 !
Commonwealth VI. Manderfield, 8 Phil,
459 United States VS.. Olney, l Abb, U.
g., 279.)
A lottery is Q game Of hazard In which
small sums arc ventured for the chance OF
obtaining greater. (Bell VI. State, 3
Sneed., 509.l
"a contrivanco for the distribution Of
prizes by chance /; Q reliance upon tho
results Of hazard ; 9 decision Of the values
Of tho adventurer's investment OF the
fsvors OF fortune Is 3 lottery. wooden
vs.. shotwell, 4 Zab., 1861
"where . pecunisry consideration is
paid, and 1t Is determined by lot or chance,
according 10 some scheme held out TO the
public what the party who pays the money
Is to have for 1t, or whether no Is 10 have
anything, IL Is o lottery" Estate vs..
Clarke, SO N. H., 1856 Hull vs.. ~Iluggles.
80 N. Y, 427.)
II makes no difference what name ID
given to the scheme.
When the element Of chance enters into
tho distribution Of prizes 1t Is q lottery,
without reference to the name by which 1t
Is called.
"He may choose to call his business o
gift SALE" said the Court In Dunn W.. PEG.
pie, supra, "but 1t 10 one tho less q lot.
terry, and we cannot permit him to ovade
tho penalties Of the law by so transparent
q device as Q nero change Of INT II II
differs from ordinary lotteries tho differ.
enco lies chiefly In the fact that IL Is more
artfully contriyed TO impose upon the ig-
norant and credulous. and Is, therefore,
moro thoroughly dishonest and injurious
to society,""
1.-THE name given TO tho process and the
form Of the machinery used to accomplish
tho object arc not material, provided tho
substance Of the transaction Is o distribu-
ton or disposition Of property by lot"
Estate W.. Clarke. supra.)
"Courts will not inquire into tho name,
but will determine the character Of tho
scheme by tho nature OF tho transaction
or business In which tho parties are on
gagged" (Randlo vs.. State, supra.)
"Tho character Of tho scheme Is In no
wise changed by the charitable purpose
expressed In Its title, nor by calling tho
drawings entertainments or gift con-
certs.'" lex parte Blanchard, supra.)
"Thc fact that no plan Of distribution has
been determined upon does not relieve the
scheme of its character as q lottery"
Thomas Va. People. 80 Ills, 1881
"Nor Is IL material" said the Court OF
Appeals In the American Art Union case.
ITO the question In hand that tho prizes
wero not known and designated when the
tickets or chances were subscribed and
paid for. The scheme in this respect Is
moro Objectionable than o scheme In which
the prizes are previously fixed, because II
affords less security to tho subscribers that
tho chance purchased is worth tho money
psid for It,"
We are Of opinion that tho facts stated
in the articles Of incorporation, in tho
statutes, and In the information, show that
tho scheme Is one whereby tho Legislature
OF this State, In consideration Of tho sum
Of $3.50, 900, to be placed In the State
Treasury, TO the credit Of the "Insane and
Charitable Fund.-" attempted to authorize
the managers Of the Nevada Benevolent
Association I" to enrich their wi pockets.
at the expense Of the people Of this and
other States, by holding out promises OF
tho great and sudden gains that might DO
acquired by the ticket holders; that
golden prizes would DO the lure to In.
cite tho creduloua and u~nauaDectinp into