Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-08
SUPREME COURT DECISION.
UNANIMOUS oprsros.l

oOs usus6 O0Vut
UNANIMOUS oPrNIos.l
On the 18th day OF February. A. D.
1881, articles Of incorporation Of the ''Ne-
vada Benevolent Association" were filed
In the Office OF the County Clerk OF Storey
county. Tho object Of tho corporation
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 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 1t such times a may DO do.
tsrmined by . Board Of Managers TO DO
selected for that purpose by the Board OF
Trustees Of this company" II In 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. 900, from each entertainment, are 10
be placed In the State Treasury Of the
STATE Of Nevada TO be used only for suoh
charitable and benevolent purposes - may
30 determined By the Legislature Of the
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 Nevads, and for other charitable
purposes" approved March 8, 1881, do
clares that ait shall be lawful for the No.
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 10 regulate
the distribution Of oil such property or
| gifts by rattle or other schemes Of like char.
acter." (Stat. 1881, l66, Sec. ~
The information filed by the Attorney
General alleges that respondents, a. Trus-
tees Of said association. are, without war
rant Of law, advertising, printing,
| circulating and selling tickets for public
entertainments 4 y" 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 oil
the Legislature above referred to.
The facts set forth In the information
are admitted by respondents to DO true.
Are the acts Of respondents without war
rant Of law2
Is the Act Of the Legislature, approved
March Q, 1881, CONSTITUTIONAL
First-Is tho scheme or enterprise In
which the "NevadA Benevolent Associa'
ton " is engaged q lottery2
This question Is answered In the aflrma-
tive by the decision Of this Court In ex
parte blanchard, o New, l0i. Is that do.
cision correct? 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 arc now
earnestly asked to declare that tho musical
entertainment which the Nevada Benevo-
lent Association proposes to give 10 not q
lottery. Why not? What Is Q lottery I
Every scheme for the distribution Of prizes
by chance Is . lottery. Governors Of the
Almshouse OF New York W. American Art
Union. 2 N. w., $50 Dunn vs.. Tho Peo-
PAOp ~ 4AAusI IVt oboto Nos 5hStt ol cA AZ
j.; L., 40l /; Randlo vs.. State, AZ Tex.
685 Chavannsh W. State, 40 Ala. 396
Commonwealth W. Manderield, . Phil,
$50 United States W. 0lney, l Abb, U.
b., 279.)
A lottery Is Q gamo OF hazard In which
small sums arc 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 a~dvcnturer's investment OF the
fsvors OF fortune" Is . lottery. Wooden
W. Shotwell, 4 Zsb., 1851
"where . pecuniary consideration 10
paid, and IL IL determined by lot or chance.
according TO some scheme held out TO the
public what the party who pays the money
10 10 have for II, or whether he 10 TO have
anything. IL 10 0 lottery" Estate vs..
Clarke. IS N. H., 1856 Hull vs.. Ruggles,
SO N. Y, 427.)
It makes no difference what nam 10
given to tho scheme.
When the element Of chance enters into
the distribution Of prizes IL is Q lottery.
without reference TO the namo by which II
IL called.
"Ho may choose to call his business q
gift sale." said the Court In Dunn w. PEG.
pie, supra, "but II Is one the less . lot.
terry, and we cannot permit him to evade
tho penalties Of tho law by so transparent
o device as Q mere change OF namo. II II
differs from ordinary lotteries the differ
enoe lies chiefly In the fact that 1t Is more
artfully contrived to impose upon the ig-
norant and credulous, and 10, therefore,
more thoroughly dishonest and injurious
10 society"
Tho name given 10 tho process and the
form Of tho machinery used TO accomplish
the object are not material, provided tho
substance Of the transaction Is . distribu.
ton or disposition Of property by lot"
Estate VI. Clarke. supra.)
Courts will not inquire into tho namo,
but will determine tho character OF the
schome by the nature OF tho transaction
or business In which the parties aro en-.
gagged" (Randle vs.. State, supra.)
"The character Of the scheme Is In no
wise changed by the charitable purpose
expressed In its title, nor by calling tho
drawings entertainments or gift con-
oerts.'" (Ex parte Blanchard, supra.)
"The fact that no plan Of distribution has
been determined upon docs not relieve the
scheme OF Its character as Q lottery"
Thomas vs.. People. 80 Ills. 1881
"Nor IL IL material" said tho 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 . scheme In which
the prizes arc previously fixed, because II
Affords less security 10 tho subscribers that
the chance purchased 10 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 Is one whereby tho Legislature
Of this State, In consideration Of the sum
Of S250,0 600, to be placed In the State
Treasury, TO the credit Of the "Insane and
Charitable Fund.-" attempted TO authorize
the managers Of the Nevada Benevolent
A..act.ktoc % g. .o.f.l sk.t- go co.t1k.