Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-31
SUPREME COURT DECISION.
~TuNANrnous opINroN.l

SSaAv 4ao OblgSb Va tho sSAksAssA0h
being "to establish and carry on the
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 70 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 q may DO de-
termined by . Board Of Managers to DO
selected for that purpose by the Board Of
Trustees Of this company" It Ii pro-
vided that 30 much Of the proceeds OF said
entertainments ''as may be deemed proper
by the Board Of Trustees. but not less than
$780, 600, from each entertainment, are 70
be placed In the State Treasury Of the
Htats Of Nevada TO DO used only for such
charitable and benevolent purposes a. may
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
purposes'' approved March Q, 1881, do.
clares that AT shall DO lawful for the Ne.
vada Benevolent Association Of the State
Of Nevada 10 give not exceeding Ave public
entertainments or concerts; TO sell tickets
Of admission 70 the anne |; ~ distribute
among the holders Of such tickets personal
property, real estate, things In action, de-
mands or other yaluables, and TO regulate
the distribution Of all such property or
gifts by rattle or other schemes Of like char
acter." (Stat. 1881, l66, 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 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
the Legislature above referredto.
The facts set forth In the 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, constitutional
First-Is tho scheme or enterprise In
which the "Nevada Benevolent Associs-
ton Is engaged . lotteryf
This question 10 answered In the afirma-
tive by the decision Of this Court In er
parts Blanchard, 0 New, l0i. Is that de-
cision corroct2 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 the musical
entertainment which the Nevada Benevo-
lent Association proposes TO give Is not Q
lottery. Why not2 What 10 . lottery?
Every scheme for the distribution OF prizes
by chance IL Q lottery. Governors Of the
Almshouse Of New York W. American Art
Union, z N. ". $50 Dunn VI. The Peo-
pie, 40 Ills, ACT; State vs.. Shorts, 81 N.
j.; L., 40l ; Randlo vs.. State, AZ Tex,
585 ; Chavannsh W. State, 40 Ala. 800 ;
Commonwealth vs.. MAnderfeld, 8 Phil,
$50 /; United States W. olney, l Abb, U.
g.. 279.)
A lottery Is o game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. (Bell W. State, 8
Sneed., 609.)
"a contrivsnce for tho distribution OF
prizes by chance ; . reliance upon the
results Of hazard . decision Of the values
Of the adventurer's investment Of tho
favors OF fortune" 10 . lottery. Wooden
W. Shotwell, 4 Zab., 1861
"Where . pecuniary consideration 10
paid, and II 10 determined by lot or chance.
according to some scheme held ont to the
public what the party who pays the money
IL to have for II, or whether he Is to have
anything. IL 10 Q lottery" (State vs..
Clarke, IS N. H., S35 Hull VS.. Ruggles.
Sc N. Y, 427.) *~s*s
1t makes no difference what name IL
given TO the scheme.
When the element Of chance enters into
the distribution Of prizes IL 10 Q lottery.
without reference 10 the name by which II
IL called.
"He may choose 10 call his business .
gift SALE" said the Court In Dunn W. Peo-
pie, supra, "but II 10 none tho less . lot.
terry, and we cannot permit him to evade
the penalties OF the law by so transparent
. device as . mere change Of name. II Il
differs from ordinary lotteries the differ.
ence lies chiefly In the fact that II Is moro
artfully contrived TO impose upon the ig.
norant and credulous, and 10, therefore,
moro thoroughly dishonest and injurious
TO society,""
"The name given TO tho process and the
form Of tho machinery used to accomplish
tho object are not material, provided tho
substance OF the transaction IL Q distribu.
ton or disposition Of property by lot"
Estate W. Clarke, supra.)
"Courts will not inquire into tho nsme,
but will determine the character Of the
scheme by tho nature Of tho transaction
or business In which the parties are On.
gagged" (Randle VI. State, supra.) .
"The character Of tho scheme IL In no
wise changed by the charitable purpose
expressed In its title, nor by calling tho
drawings entertainments or gift con.
certs.'" (Ex parto Blanchard, supra.)
"The fact that no plan Of distribution has
been determined upon does not relieve tho
scheme Of Its character a. . lottery"
Thomas vs.. People, so Ills, 1881
"Nor is IL material" said the Court OF
Appeals In the American Art Union case.
..to the question In hand that tho prizes
were not known and designated when tho
tickets or chances were subscribed and
paid for. The scheme In this respect 10
more Objectionable than Q scheme In which
the prizes arc previously fixed, because Il
Affords less security TO the subscribers that
the chance purchased Is worth tho money
paid for It,"
We arc Of opinion that tho facts stated
In tho articles Of incorporation, In tho
statutes, and in tho information. show that
the scheme Is one whereby tho Legislature
OF this State, In consideration Of tho sum
OF $250, 900, to DO placed In tho State
Treasury. 70 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 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
prizes would DO the lure to In.
cite tho crodulous and unsuspecting into
this scheme"
In tho light Of all the facts that have
been presented IL would be absurd to say
that the managers OF this scheme are sim.
ply prompted by deeds Of charity and pure
lnn.,olnnao /