Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-08

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1881, articles OF incorporation Of the "Ne.
ysda Benevolent Association' were Aled
In the oface OF the County Clerk Of Storey
county. The object Of the corporation
being ITO 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. 10
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 a. may DO do.
termined BY . Board Of Managers to DO
selected for that purpose by tho Board OF
Trustees Of this company" 1t 10 pro.
vided that 90 much Of the proceeds Of said
entertainments 'ss may be- 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
state Of Nevada 10 DO used only for such
charitable and benevolent purposes - may
Be determined By the Legislature Of the
State Of Nevada"
The "Aot to Aid the Nsvads Benevolent
Association In aiding In providing means
for the care and maintenance Of the In.
zane Of Nevada. and for other charitable
purpose approved March Q, 1881, de-
clares that 'it shall be 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 70 the same ; ~ distribute
among the holders Of such tickets personal
property, real estate, things In action, de-
msnds or other valuables, and TO regulate
the distribution Of all such property or
gifts by rafie or other schemes Of like char.
acter." tStat. 1881, i6G, Sec. ~
The information fled by tho 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 10 advertise. print, cir.
culats 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 referred to.
The facts set forth In the information
are admitted by respondents To be true.
Are the acts Of respondents without war
rant Of law2
L. the Act Of the Legislature, approved
March 0, 1881, constitutional2
First-ls tho scheme or enterprise In
which tho "Nevada Benevolent Associa.
ton " Is engaged . lottery2
Thia 0uaatinn In anavarad IN thu aAlrma.
tive by the decision Of this Court In &c
parts Blanchard, 8 New, l0i. Is that de-
cision corroct2 II certainly Is. It 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 IL o lottery2
Every scheme for the distribution Of prizes
by chance 10 = lottery. Governors Of the
Almshouse Of New York W.. American Art
Union. z N. Y.., 2S9 Dunn W. Tho Poo
pie, 40 Ills, 467 State vs.. Shorts, 80 N.
J.; L., 40l handle vs.. State. A Tex.
685 ; Chavannah VI. State, 40 Ala. 500
Commonwealth vs.. Manderield, 8 Phil,
Ao9 ; United States vs.. olney, l Abb, U.
A lottery Is . game OF hazard In which
small sums are ventured for the chance OF
obtaining greater. (Bell vs.. State, 8
Sneed., 609.)
"a continuance for tho distribution OF
prizes by chance ; . reliance upon tho
results Of hazard Q decision Of tho values
Of the adventurer's investment OF tho
favors OF fortune" 10 . lottery. Wooden
VI. 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
public what the party who pays the money
10 to have for II, or whether he 10 10 have
anything, 10 10 . lottery" Estate vs..
Clarke, 50 N. H., SS5 Hull VS.. Ruggles,
Sc N. Y, 427.)
It makes no difference what name 10
given TO the scheme.
When the element Of chance enters into
the distribution Of prizes II Is . lottery.
without reference to tho name by which IL
10 called.
"Ho may choose 10 call his business .
gift SALE" said tho Court In Dunn vs.. Peo-
pie, supra, "but IL Is none the less . lot
terry, and we cannot permit him to evado
tho penalties Of tho law by 90 transparent
. device % . nero change Of name. II IL
differs from ordinary lotteries tho differ.
ence lies chiefly In tho fact that IL b more
artfully eontrived 10 impose upon tho ig-
norant and credulous, and 10, therefore,
more thoroughly dishonest and injurious
TO society,""
"The name given TO the process and the
form Of the machinery used 10 accomplish
the object are not material, provided tho
substance Of the Transaction Ii Q distribu.
ton or disposition Of property by lot"
(8tate vs. Clarke. supra.)
Courts will not inquire into tho nsme,
but will determine tho character OF tho
scheme by the nature Of tho transaction
or business in which the parties are en-
gagged" (RsndIe VI. State, supra.)
"The character Of the scheme 10 In no
wise changed by the charitable purpose
expressed In Its title, nor by calling the
drawings entertainments or gift con.
certs.'" (Ex parte Blanchard, supra.)
"Tho fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of Its character a Q lottery"
Thomas VS.. People. 80 Ills, 1881
"Nor 10 Il material" said the Court Of
Appeals 10 the American Art Union case,
the question In hand that the 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 are previously fixed. because II
Affords less security to tho subscribers that
tho chance purchased 10 worth tho money
psid for It,"
We are Of opinion that the facts stated
In the articles Of incorporation, In the
statutes, and In the information, show that
the scheme 10 one whereby the Legislature
Of this State. In consideration OF the sum
Of $250. 900, to be placed In the State
Treasury, to the credit OF the "lnsane and
Charitable Fund.-" attempted to authorize
the managers Of the "Novads 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 10
acquired by the ticket holders; that
prizes would DO the lure TO In.