Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-27
SUPREME COURT DECISION.
UNANIMOUS OPINION

county. The object OF the corporation
being ito establish and carry on the
business Of providing for and giving pub
lie entertainments, In the State OF Nevada
Of musical and scientific character, 70
sell tickets Of admission TO such entertain
ments, and TO purchase, hold and dis
tribute among tho 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 DO do
termined by . Board Of Managers TO- DO
selected for that purpose by tho board OF
Trustees Of this company" II is pro.
vided that 90 much Of the proceeds OF said
entertainments 'ss may DO deemed proper
by the Board Of Trustees, but not less b
$50. 900, from each entertainment, are 70
DO placed In the State Treasury OF the
STATE Of Nevada 10 be used only for such
charitable and benevolent purposes ~ may
b determined By the Legislature Of the
State Of Nevada"
The "Act to Aid the Nevada Benevolent
Association In aiding In providing means
sane Of Nevada, and for other charitable
purposes'' approved March Q, 1881, de-
clares that alt hall be lawful for the No.
vada Benevolenc Association Of the State
Of Nevada TO give not exceeding 1--WE public
entertainments or concerts; 10 sell tickets
Of admission 10 the Same ; ~ distribute
among tho holders Of such tickets personal
property, real estate, things In action, do
mands or other valuables, and 10 regulate
the distribution Of all such property OF
gifts by rafie or other schemes Of like char
acter." (Stat. 1881, 166, Bee. ~
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 ~" and that they
base their rights 10 advertise, print, cir.
culate and sell tickets for the said public
exhibitions or entertainments, and 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.
The facts set forth In the information
are admitted by respondents to DO true.
Arc the acts Of respondents without war
rant Of law 2
Is the Act OF the Legislature, approved
March Q, 1881, constitutional2
First-Is the scheme or enterprise ID
which the "Nevada Benevolent Associa-
ton " Is engaged . lottery2
This question 10 answered In the afirma-
tive by the decision OF this Court In ex
purts Blanchard, 0 New, 104. Ii that de-
cision correct2 II certainly 10. II Is sus.
taired by every decision that has been
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact, wo arc now
earnestly asked 10 declare that the musical
entertainment which the Nevada Benovo-
lent Association proposes to give Is not o
lottery. Why not? What Is Q lottery ?
Every scheme for the distribution Of prizes
by chance 10 . lottery. Governors Of the
Almshouse Of New York ". American Art
Union,'7 N. w.. $50 Dunn vs.. The Peo-
pie, 40 Ills, 467 State W. Shorts, 50 N.
j.; L., 40l handle W. State, A Tex.
685 /; ChAvannSh W. State, 40 Ala. 500 ;
Commonwealth W. Manderfold, 8 Phil,
4o9 ; United States vs.. 0lney, l 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, 8
Sneed., 509.l
"a continuance for tho distribution Of
prizes by chance |; o reliance upon the
results Of hazard ; . decision OF the values
Of the adventurer's investment OF the
favors OF fortune" Is . lottery. wooden
vs.. Shotwell, 4 Zab., 1857
"whsre . pecuniary consideration 10
paid. and II Is determined by lot or chance,
according to some scheme held out TO tho
public what tho party who pays tho money
10 to have for IL. or whether he IL to have
anything, IL 10 . lottery" Estate vs..
Clarke, 50 N. H., S35 Hull vs.. Ruggles,
sc N. Y, 427.)
It makes no difference what name Is
given to the scheme.
When the element OF chance enters into
the distribution Of prizes IL is o lottery.
without reference TO the namo by which II
10 called.
"Ho may choose 10 call his business o
gift sale," said the Court In Dunn vs. Peo-
pie, supra, "but IL 10 nome the less Q lot
terry, and we cannot permit him to evade
the penalties Of the law by 80 transparent
. device % 0 mere change OF name. II IL
differs from ordinary lotteries the differ
ence lies chiefly In tho fact that IL Is moro
artfully contrived TO impose upon the ig-
norant and credulous. and Is, therefore,
more thoroughly dishonest and injurious
10 society,""
"The name given 10 the process and the
form Of tho 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 W. Clarke, supra.)
"Courts will not inquire into the name,
but will determine the character Of tho
scheme by the nature OF tho transaction
or business In which the parties are en-.
gagged" tRandlo W. State, supra.)
"Tho character Of the scheme 10 In no
wise changed by tho charitable purpose
expressed In It's title, nor by calling the
drawings entertainments or gift con-
certs.'" (Ex parte Blanchard, supra.)
"The fact that no plan Of distribution has
been determined upon docs not relieve the
scheme OF Its character 90 Q lottery"
Thomas vs.. People. 80 Ills. 1881
"Nor 10 IL material" said tho Court Of
Appeals In tho American Art Union case,
80 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 IL
more Objectionable than Q scheme In which
the prizes are previously fixed, because II
affords less security TO tho subscribers that
tho chance purchased is worth tho money
paid for IT,"
We are OF opinion that the facts stated
In the articles Of incorporation, In tho
statutes. and In the information, show that
the scheme 10 n whereby the Legislature
Of this State, In consideration Of the sum
Of S250. 900, 10 DO placed In the State
Treasury, to the credit Of tho "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 be "the lure to In.
cite the crodulous and unsuspecting into
this scheme"
In the light Of all the facts that have
been presented II would be absurd to say
that the managers Of this scheme are sim
ply prompted by deeds Of charity and pure
~benevolence. &*&