Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-20
SUPREME COURT DECISION.
UNANIMOUS op,s,oS.l

-
1881, articles OF incorporation Of the ''Ne-
vsda Benevolent Association" were filed
In the ofice OF the County Clerk OF Storey
county. Tho object Of the corporation
being "to 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 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 a may be do.
termined by . Board Of Managers to DO
selected for that purpose by the Board Of
Trustees Of this company" II 10 pro-
vided that 80 much Of the proceeds Of said
entertainments "is may be deemed proper
by the Board OF Trustees, but not less than
$50. zoo, from each entertainment, arc TO
be placed In the State Treasury Of the
State Of Nevada TO DO used only for such
charitable and benevolent purposes - may
b determined BY the Legislature Of tho
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 Q, 1881, de-
clares that cit 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 ; tU 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." (Stat. 1881, 1G6, Sec. ~
The information filed 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 o." and that they
base their rights to advertise. print. cir.
culate and sell tickets for the said public
exhibitions or entertainments, aud 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 the Act Of
the Legislature above referred to.
Tho facts set forth In tho information
are admitted by respondents to DO true.
Are the acts Of respondents without war
rant OF lawf
Is the Act Of tho Legislature, approved
March o, 1881, constitutionalf
First-Is tho scheme or enterprise In
which the "Nevada Benevolent Associa-
ton Is engaged . lottery2
This question 10 answered In the afirma-
tive by tho decision Of this Court In sr
parte Blanchard, o New, l04. Is that de-
cision corroctf It certainly Is. 1t 10 sus.
taired by every decision that has been
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact, we are now
earnestly asked to declare that the musical
entertainment which tho Nevada Bonevo-
lottery. Why n0t2 What IL . lottery 2
by chance 10 . lottery. Governors Of the
Almshouse Of New York W. American Art
Union. z N. ", $50; Dunn vs.. Tho Peo-
pie, 40 Ills, ACT ; State vs.. Shorts, 81 N.
j.; L., 40i ; handle vs.. State, AZ Tex.
585 |; Chavannah vs.. State, 40 Ala. 396 ;
Commonwealth vs.. Manderfeld. y Phil,
$50 ; United States VI. Olney, l Abb, u.
g., 279.)
A lottery Is Q game Of hazard In which
small sums are yentured for the chance Of
obtaining greater. (Bell vs.. State, 8
Sneed., 509.l
"a contrivanco for the distribution Of
prizes by chance . reliance upon tho
results Of hazard ; . decision Of the values
OF the adventurer's investment OF tho
favors OF fortune" 10 . lottery. wooden
vs.. Shotwell, 4 Zab., 1857
"Whero . ~pecuniary consideration Is
paid, and II Is determined by lot or chance.
according to some scheme held out to the
public what tho party who pays the money
Is to have for 1t, or whether he Is to have
anything. IL is . lottery" Estate vs..
Clarke, 50 N. H., Ss5 Hull vs.. Ruggles,
SO N. Y, 427.) &#**
1t makes ne difference what name Is
given TO the scheme.
When the element OF chance enters into
tho distribution Of prizes 1t 10 o lottery.
without reference to the name by which 1t
IL called.
"He may choose to call his business o
gift SALE" said the Court in Dunn vs.. PEG.
pie. supra, "but 1t IL none the less Q lot.
terry, and wo cannot permit him to evade
the penalties Of the law by so transparent
q device rs q nero change Of name. II 1t
differs from ordinary lotteries tho differ.
enco lies chiefly In the fact that II Is moro
artfully contriyed to impose upon tho ig-
norant and credulous, and Is, therefore,
moro thoroughly dishonest and injurious
to society,""
1.-THE name given 10 the process and the
form Of the machinery used to accomplish
the object arc not material, provided the
substance Of tho transaction IL 0 distribu.
tion or disposition Of property by lot"
Estate W. Clarke. supra.)
Courts will not inquire into the name,
but will determine the character Of the
scheme by the nature OF the transaction
or business in which the parties are en-.
gagged" (Randle vs.. State, supra.)
"The character Of the scheme Ia In no
wise changed by the charitable purpose
expressed in its title, nor by calling tho
drawings entertainments or gift con-
certs.'" (EI parte Blanchard, supra.)
"Tho fact that no plan OF distribution has
been determined upon does not relieve the
scheme Of Its character a. Q lottery"
Thomas vs.. People. 80 Ills, 1881
"Nor Is II MATERIAL" said the Court OF
Appeals In tho 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 is
more Objectionable than . scheme In which
the prizes are previously fixed, because II
affords less security TO 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 is n whereby the Legislature
Of this State. In consideration Of the sum
Of $250, 900, to be placed In the State
Treasury, to the credit Of tho "Insane and
Charitable Fund.-" attempted to authorize
the managers Of the "Nevads Benevolent
Association " to enrich their own pockets,
at 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 be "the lure to in
cite the credulous and u%psuspectipg into