Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-04
SUPREME COURT DECISION.
UNANIMOUS oprsrox.l

On the 10th day OF February, A. d.
| 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 tho
business Of providing for and giving pub
lie entertainments, In the State OF Nevada,
Of musical and scientific character, to
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 ct 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 10 pro-
vided that 80 much Of tho 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
StsIe 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 the care and maintenance Of tho In.
sane Of Nevada. and for other charitable
purposes (approved March 8, 1881, do
olsres that at shall be lawful for the Ne.
vads Benevolent Association Of the State
Of Nevada to give not exceeding Ave public
entertainments or concerts; to 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." (Stat. 1881, 166, Sec. ~
The information fled 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 = \ o." and that they
base their rights to 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
l tuo A06ipletutO tpACAkCa We
The facts set forth In the information
are admitted by respondents TO be true.
Are tho acts OF respondents without war
rant OF law?
Is the Act Of the Legislature. approved
March o, 1881, constitutional2
First-Is tho scheme or enterprise In
which the "NevadA Benevolent Assooia-
ton 7" is engaged . lottery2
This question Is answered In the aflrma-
| tive by the decision Of this Court In &c
parts Blanchard, 0 New, l04. Is that de-
cision corroctp 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 Is not .
lottery. Why not2 What IL o lottery?
Every scheme for the distribution Of prizes
by chance Is o lottery. Governors Of the
Almshouse Of New York VI. American Art
Union, N. w., $50; Dunn vs.. The Peo-
pie, ~ Ills, 467; State vs.. Shorts, 80 N.
j.; L., 40l I; Randle vs.. State, "A Tex,
585 /; Chayannah vs.. State, 40 Ala. 800 +;
Commonwealth Va. MAndertield, y Phil,
459 United States vs.. 0lney, 1 Abb, U.
b., 279.)
A lottery ia Q gamo Of hazard In which
small sums arc venturcd for the chance Of
obtaining greater. BELL vs.. State, 8
Sneed., 509.l
"a continuance for the distribution Of
prizes by chance ; . reliance upon the
results OF hazard ; 0 decision Of the values
OF tho adventurer's investment OF tho
favors OF fortune Is Q lottery. wooden
vs.. shotwell, 4 Zab., 1857
"Where Q pecuniary consideration Is
paid, and IL Is determined by lot or chance.
according to some scheme held out TO the
public what the party who pays the money
IL to have for 1t. OF whether he Is TO have
anything, IL 10 Q lottery" Estate vs..
Clarke. 50 N. H., S35 Hull vs.. Ruggles.
90 N. y, 427.)
It makes no difference what namc Is
given TO the scheme.
When the element OF chance enters into
the distribution Of prizes 1t Is o lottery.
without reference 10 the name by which II
IL called.
"He may choose to call his business o
gift salo." said the Court In Dunn vs.. Poo
pie, supra, "but IL Is zone the less . lot
terry, and we cannot permit him to ovado
the penalties OF tho law by so transparent
. device as o mere change OF name. II IL
differs from ordinary lotteries tho differ.
ence lies chiefly In the fact that II Is moro
artfully c0ntrived 10 impose upon the liz.
norant and credulous, and Is, therefore,
more thoroughly dishonest and injurious
10 society,""
70 "The namo given 10 tho process and tho
form Of the machinery used TO accomplish
the object are not material, provided the
substance OF the transaction Is O distribu.
ton or disposition Of property by lot"
(State vs.. Clarke, supra.)
Courts will not inquire into the name,
but will determine tho character OF the
scheme by the nature Of tire transaction
or business In which the parties are en-
gagged" (Tandle vs.. State. supra.)
"Tho character Of tho scheme is In no
wise changed by tho charitable purpose
expressed In Its title, nor by calling tho
drawings entertainments or gift cor.
corts.'" (Ex parto Blanchard, supra.)
"Tho fact that no plan OF distribution has
been determined upon docs not relieve tho
scheme Of Its character Is . lottery"
tThomas VI. People. 80 Ills. 1851
"Nor is II material" said the Court OF
Appeals In the American Art Union case,
"to tho 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 IL
moro Objectionable than . scheme In which
the prizes arc previously fixed, because 1t
affords less security TO tho subscribers that
the chance purchased Is worth the money
paid 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 IL one whereby tho Legislature
Of this State, In consideration Of tho sum
OF S250, 900, TO 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 " 10 enrich their wi 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 tha cradutnua and unsuspactinO fnt0