Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-22
SUPREME COURT DECISION.
UNANIMOUS OPINION

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 the
business Of providing for and giving pub
lilo entertainments. In the State Of Nevada,
Of . musical and scientific character. to
sell tickets OF admission TO such entertain.
ments, and 10 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 ut such times % may DO do.
termined by . Board OF Managers to be
selected for that purpose by tho Board OF
Trustees Of this company" II 10 pro-
vided that 30 much Of the proceeds Of said
entertainments ''as may DO deemed proper
by the Board Of Trustees, but not less than
$4,000, from each entertainment, ore 10
be placed In the State Treasury Of the
StaIe Of Nevada 10 be used only for such
charitable and benevolent purposes a. may
BE- determined By the Legislature Of the
State Of Nevada"
The "Aot 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
purpose approved March Q, 1881. dc.
clares that ait 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 70 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 al such property or
gifts by rattle or other schemes OF like char.
aoter." tStat. 1881, 166, Bee. ~
The information hled 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 . o." and that they
base their rights 10 advertise, print, cir.
oulate and sell tickets for the said public
exhibitions or entertainments, and 70 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 law2
IL the Act Of the Legislature, approved
March 0, 1881, constitutional2
First-Is tho scheme or enterprise In
which the "Nevada Benevolent Assooia.
ton Is engaged o lottery2
nkt. 1.aaetn, a.. .a-..nl L. Aha q Alrrns
tive by tho decision Of this Court In eI
parte Blanchard, 9 New, l04. Is that do
cision corroot2 1t certainly Is. 1t Is 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 the Nevada Benevo-
lent Association proposes 10 give 10 not q
lottery. Why not2 What Is . lottery 2
Every scheme for the distribution Of prizes
by chance 10 . lottery. Governors Of the
A~lmshouss Of New York W.. American Art
Union, z N. ", 239; Dunn Va. The Peo-
ple, 40 Ills, 467 ; State vs.. Shorts, 80 N.
j.; L., 40l ; Randle VS.. State, "A Tex,
585 ; ChavannAh W. State, 40 Ala. 800
Commonwealth vs.. Manderfield, 8 Phil,
$50 United States VI. olney, l Abb, U.
b., 279.)
A lottery Is o game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL VI. State, 8
Sneed., 509.)
"a continuance for the distribution OF
prizes by chance (; . reliance upon tho
results Of hazard I; Q decision Of the values
Of tho adventurer's investment Of the
favors OF fortune" 10 . lottery. wooden
vs.. Shotwell, 4 Zab., 1857
"Where . pecuniary consideration 10
paid. and II 10 determined by lot or chance.
according 10 some scheme held out TO the
public what the party who pays the money
10 to have for IL, or whether DO Is to have
anything. IL 10 Q lottery" Estate vs..
Clarke. SO N. H., Ss5 /; Hull vs.. Ruggles,
&c N. Y, 427.)
1t makes no difference what mann 10
given 10 the scheme.
When the element Of chance enters into
the distribution Of prizes 1t Is Q lottery.
without reference to the namo by which II
IL called.
"Hs may choose to call his business q
gift sale." said the Court In Dunn vs.. Peo-
pie, supra, "but II Is none the less q lot.
terry, and wo cannot permit him to evade
the penalties Of the law by so transparent
. device ~ Q mere change Of name. II II
differs from ordinary lotteries the differ
enc lies chiefly In tho fact that II Is more
artfully contrived to impose upon the ig.
norant and credulous, and IL, therefore,
moro thoroughly dishonest and injurious
to society,""
"The name given 10 the process and tho
form Of tho machinery used 10 accomplish
the object arc not material, provided the
substance Of the trapsaction IL Q 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 en-.
gagged" (RsndIe vs.. State, supra.)
"The character Of the scheme 10 In no
wise changed by tho charitable purpose
expressed In Its title, nor by calling the
drawings entertainments or gift con.
certs.'" (EI parte Blanchard. supra.)
"The fact that no plan Of distribution has
been determined upon does not relieve tho
scheme Of Its character as . lottery"
Thomas vs.. People, so Ills, 1881
"Nor 10 IL material" said tho Court Of
Appeals In the 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 10
moro Objectionable than . scheme In which
the prizes are previously fixed. because II
affords less security TO the subscribers that
tho chance purchased Is worth the money
paid for It,"
We are Of opinion that the facts stated
In tho articles Of incorporation. In the
statutes, and In the information. show that
the scheme 10 one whereby the Legislature
Of this State, In consideration Of the sum
Of S250. 900, to DO 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 tho 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 tho crcdulous and unsuspecting into
this scheme"
Tn thu t;ght NJ al tho fscts tb.k bsva