Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-29
SUPREME couar DECISION.
UNANIMOUS OPINION

On the 18th day OF February, A. d.
1881, articles OF incorporation Of tho "Ne-
vads 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 the
business Of providing for and giving pub
lie entertainments, In the State Of Nevada,
OF . musical and scientific character. to
soil tickets Of admission 70 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 ct such times q may DO do
termined by . Board Of Managers to DO
selected for that purpose by the Board OF
Trustees Of this company" II 10 pro.
vided that 30 much Of the proceeds OF said
entertainments "ss may DO deemed proper
by the Board Of Trustees, but not less than
$50. 900, from each entertainment, are 70
be placed In the State Treasury OF the
Htste Of Nevada 10 b used only for such
charitable and benevolent purposes - may
b determined BY the Legislature OF the
State Of Nevada"
The "Aot 10 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, de-
clares that alt shall b lawful for the Ne.
ysds Benevolent Association Of the State
Of Nevada 10 give mot exceeding Ave public
entertainments or concerts; 10 sell tickets
Of admission 10 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 rafde or other schemes Of like char
scter." (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 o." and that they
Z" base their rights 10 advertise. print, cir.
culate and sell tickets for the said public
exhibitions or entertainments, and 10 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 10.
The facts set forth in the information
are admitted by respondents 10 DO true.
Are the acts Of respondents without war
rant Of law2
Il the Act Of the Legislature, approved
March 0, 1881, CONSTITUTIONAL
First-ls the scheme or enterprise In
which the "Nevsda Benevolent Associa-
ton " Is engaged . lottery2
This question Is answered In the afirms-
tive by the decision Of this Court In &C
parts blanchard, 0 New, l0i. Is that do
cision corroctf II certainly is. It Is s
taired by every decision that has been
rendered by the various courts In tho
United States upon this question.
Notwithstanding this fact, VI are now
earnestly asked 10 declare that the musical
entertainment which the Nevada Benevo-
lent Association proposes to give 10 not q
Why not2 What Is Q lottery2
Every scheme for the distribution Of prizes
by chance Is . lottery. Governors Of tho
Of New York W. American Art
Union. z N. w., $50; Dunn W.. The Poo.
pie, 40 Ills, 467 State W. Shorts, 80 N.
j.; L., 40l ; Randle vs.. State, ~ Tex.
685 ; Chavannah VI. State, 40 Ala. 800 ;
Commonwealth vs.. Manderfeld, 8 Phil,
409 I; United States vs.. 0lney, l Abb, U.
b., 279.)
A lottery Is Q gamo OF hazard In which
small sums arc ventured for tho chance OF
obtaining greater. bell vs.. State, o
$685.
"a contrivanco for the distribution OF
prizes by chance . reliance upon tho
Of hazard ; Q decision Of the values
Of the adventurer's investment Of tho
OF fortune" is . lottery. wooden
vs. Shotwell, 4 Zsb., 1851
"where . pecuniary consideration 10
paid, and II Is determined by lot or chance.
according TO some scheme held out TO the
what the party who pays the money
TO have for IL, or whether he Is to have
anything, II Is . lottery" (Stato vs..
50 N. H., SS5; Hull vs.. Ruggles.
IS N. Y, 427.) 80
It makes no difference what name 10
given to the scheme.
When the element OF chance enters into
the distribution Of prizes Il is . lottery,
without reference to the name by which II
10 called.
"He may choose 10 call his business 0
gift SALE" said the Court In Dunn W. PEG.
pie, supra, "but IL is none the less o lot.
terry. and we cannot permit him to evade
the penalties Of the law by 90 transparent
, device Is . mere change Of name. II II
differs from ordinary lotteries the differ.
ence lies chiefly In tho fact that IL Is more
contrived 10 impose upon tho ig.
norant and credulous. and 10, therefore,
more thoroughly dishonest and injurious
10 society,""
"Tho name given to the process and tho
form Of the machinery used to accomplish
the object arc not material, provided tho
Of the transaction Il o distribu.
lion or disposition Of property by lot"
(State vs.. Clarke. SUPRA
Courts will not inquire into tho name,
but will determine the character Of the
scheme by tho nature Of tho transaction
business In which tho parties arc on.
(Randlo VI. State, supra.)
"Tho 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.
,erts.'" (EI parte Blanchard. supra.)
"Tho fact that no plan Of distribution has
been determined upon docs not relieve the
scheme Of Its character a. Q lottery"
Thomas vs.. People. 80 Ills, 1881
"Nor is Il material" said the Court Of
In the American Art Union case,
: TO the question In hand that the prizes
not known and designated when the
ickets or chances were subscribed and
,aid for. The scheme In this respect 10
moro Objectionable than o scheme In which
he prizes are previously fixed. because II
Iffords less security to tho subscribers that
he chance purchased Is worth tho money
,sid for it,"
We are Of opinion that tho facts stated
n the articles Of incorporation. In the
and in the information. show that
he scheme Is one whereby tho Legislature
u this State. In consideration OF the sum
u S250. 600, TO DO placed In the State
Treasury, TO the credit Of tho "Insane and
charitable Fund.-" attempted to authorize
he managers Of the "Nevads Benevolent
" to enrich their own pockets, |
i the expense Of the people Of this and
,ther States. by holding out promises OF
he great and sudden gains that might DO
'cquired by the ticket holders that
,olden prizes would DO "tho lure to In.