Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-09
SUPREME COURT DECISION. :
UNANIMOUS opIsIoS.l

being Ito 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 entortain-
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 DO de-
tcrmined by Q Board OF Managers to DO
selected for that purpose by the 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
$50. 900, from each entertainment, are TO
be placed In the State Treasury Of the
State Of Nevada to DO used only for such
charitable and benevolent purposes - may
be determined by the Legislature Of the
State Of Nevada"
The "Act to Aid tho Nevada Benevolent
Association In aiding In providing means
for the care and maintenance Of the In
sane Of Nevada. and for other charitable
purposes Improved March 9, 1881, de-
clares that at shall be lawful for the Ne.
L N8ae AkooSSAnbAV4 Va ~ I.
Of Nevada to give not exceeding Ave public
entertainments or concerts; 10 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." lStat. 1881. l66, SEQ. ~
The information filed BY the Attorney
General alleges that respondents, - Trus-
tees OF said association, arc, without war.
rant Of law, advertising, printing,
circulating and selling tickets for public
entertainments -" 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
tho Legislature above referred to.
The facts set forth In the information
are admitted by respondents to DO true.
Are the acts Of respondents without war
rant Of law?
Is the Act OF the Legislature. approved
March 0. 1881, constitutional
First-Is the scheme or enterprise In
which the "Novads Benevolent Associa.
ton =" IL engaged . lotteryf
This question 10 answered In the afirma-
tive by the decision Of this Court In sr
parts blanchard, Q New, l0i. Is that de-
cision correct2 1t certainly Is. 1t Is sus.
taired by every decision that has been
rendered by tho 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 Bsnevo-
lent Association proposes to give IL not q
lottery. Why not2 What 10 Q lottery2
Every scheme for the distribution Of prizes
by chance Is = lottery. Governors Of the
Almshouss Of New York W. American Art
Union. 7 N. ", 239; Dunn vs. The Peo-
pie, Az Ills, 467 State vs.. Shorts, 81 N.
j.; L., 40l |; handle W. State, AZ Tex,
685 C%hAvannAh vs.. State, 40 Ala. 1876;
Commonwealth vs. Manderaeld, . Phil,
A59 ; United States vs.. 0lnsy, 1 Abb, U.
H., 279.)
A lottery Is . game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL vs.. State, o
sneed., 6o9.j
"a contrivance for the distribution OF
prizes by chance . reliance upon the
results Of hazard /; q decision Of the values
OF the Sdventurer's investment OF tho
favors OF fortune" 10 . lottery. wooden
vs.. Shotwell, 4 Zab., 1851
Where Q ~pecuniary consideration 10
paid, and IL Is determined by lot or chance.
according to somo scheme held out 10 the
public what the party who pays the money
Is to have for 1t, or whether he 10 to have
anything, II 10 . lottery" Estate W.
Clarke, 80 N. H., 1856 Hull W.. Ruggles.
SO N. Y, 427.)
1t makes no difference what name 10
given to tho scheme.
When the element Of chance enters into
the distribution Of prizes IL 10 . lottery.
without reference to the name by which It
10 called.
"He may choose to call his business o
gift SALE" said the Court In Dunn W. PEG.
pie. supra, "but 10 10 none the less o lot.
terry, and wo cannot permit him to evade
the penalties Of the law by 10 transparent
Q device IS Q nero change Of name. II IL
differs from ordinary lotteries tho differ.
ence lies chiefly In the fact that IL 10 more
artfully contriyed to impose upon the ig-
aSseas eae eieaaioust MN a. thetciotot
more thoroughly dishonest and injurious
TO society,""
"The name given to tho process and the
form Of the machinery used to accomplish
the object are not material, provided the
substance Of the transaction IL . distribu.
ton or disposition Of property by lot"
Estate W. Clarke, supra.)
Courts will not inquire into the name,
but will determine tho character Of tho
scheme by the nature Of the trsnsaction
| or business In which the parties are en-.
gagged" fRsndle vs., State. supra.)
"The Character Of the scheme IL in no
wise changed BY the Charitable PURPOSE
expressed in It's title, nor by calling the
drawings entertainments or eift con.
certs.'" (EI parto BLANCHARD, supra.)
"Tho fsct that no plan Of distribution has
been determined upon does not relieve the
| scheme of its character AZ a lottery"
fThom.s w. People. SO Ills. 1851
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N9r y ~ msserlsI, ssiu ,ue Q o.
Appears III inc hWericau ART Union case,