Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-06
SUPREME COURT DECISION.
UNANIMOUS ornrox.l

On the 10th day OF February, A. d.
1881, articles Of incorporation Of the "Ne-
vada Benevolent Association were fled
In the Office OF the County Clerk Of Storey
county. Tho 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 Q 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
ANN and ct such times q may DO dc.
termined by . Board OF Managers to DO
selected for that purpose by the Board OF
Trustees Of this company" 1t is 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
$780, from each entertainment, are TO
be placed In the State Treasury Of the
StaIe Of Nevada 10 be' used only for such
charitable and benevolent purposes - may
BE- determined BY the Legislature Of tho
State Of Nevada"
The "Act 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 9, 1881, do.
clares that at shall DO lawful for the Ne
vada Benevolent Association OF the State
Of Nevada to give not exceeding Ave public
entertainments or concerts; 10 sell tickets
Of admission to the same ; to 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
scter." tStat. 1881, l66, Bee. ~
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 to advertise, print. cir.
culate and sell tickets for the said public
exhibitions or entertainments, and 70 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 tho information
are admitted by respondents TO be true.
Arc the acts Of respondents without war
rant OF law2
Is the Act OF the Legislature, approved
March 0, 1881, CONSTITUTIONAL
First-Is the scheme or enterprise In
which the "NevadA Benevolent Associa-
tion" Is engaged . lottery2
This question IL answered In the afirma-
tive by the decision OF this Court In sz
parts Blanchard, o New, l0i. Is that de-
cision correct2 1t certainly Is. 1t Is sus.
taiped by every decision that has been
rendered by tho various courts In tho
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 10 not Q
lottery. Why notf What IL . lottery
Every scheme for the distribution Of prizes
by chance Is Q lottery. Governors Of the
Almshouse Of New York W. American Art
Union, z N. ", 239; Dunn vs.. Tho Peo-
pie, 40 Ills, 467 ; State vs.. Shorts, 80 N.
j.; L., 40l ; Randle vs.. State, AZ Tex,
685 I; Chavannsh vs.. State, 40 Ala. 800 /;
Commonwealth VS.. Manderfeld, 8 Phil,
459 United States vs.. olney, / Abb, U.
H., 279.)
A lottery Is . game OF hazard In which
small sums are ventured for the chance OF
obtaining greater. tBell vs.. State, 8
Sneed., 609.j
"a continuance for tho distribution Of
prizes by chance |; . reliance upon the
results Of hazard ; q decision Of the values
Of tho a~dventurer's investment OF the
favors OF fortune IL . lottery. wooden
vs.. shotwoll, 4 Zab., 1857
"Whero . p~ecuniary consideration 10
paid, and It is determined by lot or chance,
according TO some scheme held out to the
public what the party who pays the money
Is TO have for II. or whether no Is 10 have
anything, IL IL Q lottery" Estate W..
Clarke, SO N. H., 1856; Hull vs.. Ruggles.
SO N. Y, 427.)
It makes no difference what name Is
given to tho scheme.
When tho element Of chance enters into
the distribution Of prizes 1t 10 o lottery.
without reference TO the name by which 1t
IL called.
"Ho may choose to call his business o
gift SALE" said the Court In Dunn vs.. Peo-
pie. supra, "but IL Is mono the less . lot.
terry, and We cannot permit him to ovado
tho penalties Of the law by so transparent
. device as Q mere change Of namo. II 1t
differs from ordinary lotteries the differ.
enco lies chiefly In the fact that IL Is more
artfully contrived TO impose upon tho ig.
norant and credulous, and IL, therefore,
more thoroughly dishonest and injurious
TO society,""
"The name given TO the process and the
form Of the machinery used to accomplish
tho object arc not material, provided the
substance Of tho transaction Is Q 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 tho
scheme by the nature OF tho transaction
gagged" (Randle vs.. State, supra.)
"The character Of the scheme Is In no
wise changed by tho charitable purpose
expressed In It's title, nor by calling tho
drawings entertainments or gift con-
ccrts.'" (EI parte Blanchard, supra.)
"Tho fact that no plan Of distribution has
boon determined upon docs not relieve the
scheme Of its character as q 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 the prizes
wero not known and designated when tho
tickets or chances were subscribed and
paid for. The scheme In this respect 10
moro Objectionable than . scheme in which
the prizes are previously fixed. because II
affords less security to the 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 tho information. show that
tho scheme Is one whereby the Legislature
Of this State, In consideration Of tho sum
Of $3.50, 900, 10 be placed in the State
Treasury. to the credit Of the "Insane and
Charitable Fund" attempted to authorize
tho managers Of the "Novada Benevolent
Association I" 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 tho ticket holders; that
golden prizes would DO the luro to In
cite the credulous and u%nsuspecting into