Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-15
SUPREME COURT DECISION.
UNANIMOUS OPINION.

On the 10th day OF February, A. D.
1881. articles Of incorporation Of the "Ne-
ysda Benevolent Association" were filed
In the office OF the County Clerk Of Storey
| county. Tho object OF tho corporation
being "to establish and carry on the
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 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 as may be de-
termined by . Board OF Managers to DO
selected for that purpose by the Board Of
| Trustees Of this company" II 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
$50. 900, 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 a. 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 tho care and maintenance OF the in
sane OF Nevada. and for other charitable
| purposes" (approved March 8, 1881, de-
| clares that ait shall be lawful for the Me-
| vada Benevolent Association OF the State
Of Nevada to give not exceeding Eve public
entertainments or concerts; to sell tickets
| Of admission 10 tho same ; ~ distribute
among the holders Of such tickets personal
property, real estate, things In action, de-
mands or other saluables, and to regulate
the distribution Of all such property or
| gifts by rattle or other schemes Of like char
acter." (Stas 1881, l66, Bee. ~
The information filed by the Attorney
General alleges that respondents, rs Trus-
rsnt Of law, advertising, printing,
circulating and selling tickets for public
entertainments = o." and that they
base their rights TO advertise, print, cir.
culAto 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 the information
are admitted by respondents to be true.
Are the acts Of respondents without war
rant Of lswf
Is the Act OF the Legislature, approved
March 0, 1881, constituti0nal2
First-ls tho scheme or enterprise In
which tho "Nevads Benevolent Associa-
tom Is engaged . lottery2
This question Is answered In the a0irma-
tive by the decision Of this Court In er
parte Blanchard, o New, l0i. Is that de-
cision corroct2 II certainly Is. 1t Is sus.
tsired by every decision that has been
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact, wo are now
earnestly asked to declare that tho musical
entertainment which tho Nevada Benevo-
lent Association proposes to give Is NOT q
lottery. Why not2 What Is . lottery Z
Every scheme for tho distribution Of prizes
by chance Is . lottery. Governors Of the
Almshouse Of New York W. American Art
Union, 2 N. Y... $50; Dunn vs. The Peo-
pie, ~ Ills, 467 State vs.. Shorts, 80 N.
j.; L., 40l /; Randlo vs.. State, AZ Tex,
585 ; C%havannah vs.. State, 40 Ala. 500 ;
Commonwealth vs.. Manderfeld, . Phil,
459 ; United States vs.. 0lney, ! Abb, U.
H., 279.)
A lottery is . gamo Of hazard in which
small sums are ventured for tho chance Of
obtaining greater. tBell vs.. State, 8
Sneed., 509.)
"a contrivance for tho distribution OF
prizes by chance |; o reliance upon tho
results Of hazard o decision Of the values
Of the adventurer's investment OF the
favors OF fortune" IL Q lottery. wooden
vs.. Shotwell, 4 Zab., 1861
"where q 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 tho money
IL to have for IL, or whether he is to have
anything, IL is Q lottery" Estate vs..
Clarke, 50 N. H., 1856 Hull VS.. Ruggles.
SO N. Y, 427.j &'~ = 4 = =
1t makes no difference what name Is
given to the scheme.
When the element OF chance enters into
the distribution Of prizes 1t IL Q lottery.
without reference TO tho name by which 1t
IL called.
"Ho may choose to call his business o
gift SALE" said the Court in Dunn vs.. PEG.
pie, supra, shut II 10 mono tho less q lot
terry, and we cannot permit him to evade
the penalties OF tho law by 80 transparent
Q device rs Q nero change OF name. II II
differs from ordinary lotteries tho differ.
enco lies chiefly In the fact that 1t 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 the process and tho
form Of the machinery used to accomplish
the object arc not material, provided the
substance OF the transaction Is 0 distribu-
ton or disposition Of property by lot"
Estate vs.. Clarke. supra.)
"Courts will not inquire into the name,
but will determine tho character OF the
scheme by tho nature Of the transaction
or business In which the parties are en-.
gagged" (Handlo W. State, supra.)
"Tho character OF the scheme is In no
wise changed by the charitable purpose
expressed in It's title, nor by calling the
drawings entertainments or gift con-
certs.'" (Ex parte Blanchard. supra.)
"Tho fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of It's character as q lottery"
Thomas W.. People. 80 Ills. 1881
"Nor is II material" said the Court OF
Appeals In the American Art Union case,
"to the question In hand that the prizes
we're not known and designated when the
tickets or chances were subscribed and
paid for. The scheme In this respect is
more Objectionable chan ascheme In which
the prizes are previously fixed. because It
affords less security 10 tho subscribers that
the chance purchased is worth the 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
the scheme is one whereby the Legislature
OF this State, In consideration Of tho sum
Of $3.50. 600, to DO placed In the State
Treasury. TO Tho credit Of the Insane and
Charitable Fund.-" attempted to authorize
the managers Of the "Nevada Benevolent
Association " to enrich their W 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 DO "the lure to in
cite the credulous and unsuspecting into
this scheme"