Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-18
SUPREME COURT DECISION.
~[uNANrkous oprNIoN.l

Ou tuo AVN Qky OF feDruefys Ne ~
1881, articles OF incorporation Of the "Ne-
vsda Benevolent Association" were filed
In the Office OF the County Clerk Of Storey
county. The 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 ct such times a. may DO 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 30 much Of the proceeds OF said
entertainments ''as may DO deemed proper
by the Board Of Trustees, but not less than
$50. 200, 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 a. may
b 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.
q n OF Nevada, and for other charitable
purpose approved March 8, 1881, do
clares that at shall be lawful for the Ne.
vada Benevolent Association Of the State
Of Nevada TO give not exceeding i've public
entertainments or concerts; " sell tickets
Of admission TO the same |; IT, distribute
among the holders Of such tickets personal
property, real estate, things In action, de-
msnds 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 filed by the Attorney.
General alleges that respondents, IS Trus-
tees Of said association, are, without war.
rant Of law. advertising, printing,
circulating and selling tickets for public
entertainments = ." and that they
" base their rights 10 advertise, print, cir.
culate and sell tickets for the said public
exhibitions or entertainments, and ~ pur.
chase. use. hold and distribute amongst
the holders Of such tickets personal pro.
perry, 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 be true.
Are the acts Of respondents without war
rant Of law2
Is the Act Of the Legislature, approved
March o, 1881, constitutionRl2
First-Is tho scheme or enterprise In
which the "Nevada Benevolent Associa.
ton I" Is engaged . lottery2
Thia nuaatinn In anaUaraI In TIM Nh RIM n.
tive by the decision Of this Court In er
parte Blanchard, 0 New, l0i. Is that de-
cision corrcct2 It 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 tho musical
entertainment which tho Nevada Benevo-
lent Association proposes to give 10 not Q
lottery. Why not2 What Is . lottery 2
Every scheme for the distribution Of prizes
by chance Is o lottery. Governors Of the
Almshouse Of New York W. American Art
Union, 7 N. ", $50; Dunn vs.. The Poo.
plo, ~ Ills, 467 ; State vs.. Shorts, 90 N.
j.; L., 40l /; Randle vs.. State, AZ Tex,
685 ; ChavannAh W.. State, 40 Ala. 396 ;
Commonwealth vs.. Manderfield, . Phil,
459 United States VI. 0lney, 1 Abb, U.
H., 279.)
A lottery 10 . game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL vs.. State, 8
Sneed., 609.l
"a contrivanco for tho distribution OF
prizes by chance I; . reliance upon tho
results Of hazard ; q decision Of the values
Of the adventurer's investment Of tho
fsvors OF fortune" is . lottery. wooden
vs.. Shotwell, 4 Zab., 1857
"Where Q pecuniary consideration 10
paid. and II 10 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 II, or whether he 10 to have
anything, IL 10 . lottery" Estate vs..
Clarke. 50 N. H., 1856 Hull vs.. Ruggles.
sc N. Y, 427.) A****
1t makes NO difference what name Ii
given TO the scheme.
When the element OF chance enters into
the distribution OF prizes IL is 0 lottery,
without reference to the name by which II
10 called.
"He may choose to call his business o
gift SALE" said tho Court In Dunn vs.. PEG.
Pile, supra, "but IL 10 none the less . lot
terry, and We cannot permit him to evade
the penalties Of the law by so transparent
. device as q mere change Of name. II II
differs from ordinary lotteries tho differ
ence lies chiefly In the fact that IL Is more
artfully contrived to impose upon the iy-
norant and credulous. and Is. therefore,
more thoroughly dishonest and injurious
TO society,""
"Tho name given TO the process and tho
form Of the machinery used to accomplish
the object are not material, provided the
substance Of the transaction IL o distribu.
ton or disposition Of property BY lot"
Estate vs.. Clarke. supra.)
Courts will not inquire into the name,
but will determine the character Of the
scheme by tho nature Of tho transaction
or business In which tho parties are en-.
gagged" (Randle vs.. State, supra.)
"Tho character Of the scheme is In no
wise changed by tho charitable purpose
expressed in Its title, nor by calling the
drawings entertainments or gift con-
ccrts.'" (Ex parto blanchard, supra.)
"Tho fact that no plan Of distribution has
boon determined upon does not relieve tho
scheme Of Its character a. q lottery"
Thomas vs.. People. SO Ills, 1881
"Nor Is II MATERIAL" said the Court Of
Appeals In tho American Art Union case.
'to the question In hand that tho 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 o scheme In which
the prizes are previously fixed, because 1t
affords less security to 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 the
statutes. and In the information, show that
the scheme Is one whereby tho Legislature
Of this State, In consideration Of the sum
Of S250,000. 70 DO placed In the State
Treasury, TO the credit Of the "Insane and
Charitable Fund.-" attempted TO authorize
the managers Of the Nevada 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 tho lure to In.
cite the credulous and unsuspecting Into