Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-23
SUPREME COURT DECISION.
UNANIMOUS orrxroS.l

VI tno lstu Gay OF February, a. W
1881, articles OF incorporation Of the "Ne-
vsds Benevolent Association" were fled
In the ofice 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 . musical and scientific character, to
sell tickets OF admission to such entertain.
ments, and 10 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 at such times % may be de-
termined by . Board Of Managers to DO
selected for that purpose by the Board OF
Trustees OF this company" 1t 10 pro.
vided that 10 much Of tho proceeds OF said
entertainments "as may DO deemed proper
by the Board Of Trustees, but not less than
$50. 600, from each entertainment, are to
be placed In the State Treasury Of the
6tate Of Nevada 70 be used only for such
charitable and benevolent - may
Be 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 Nevada. and for other charitable
purposes" (spproved March Q, 1881, de-
clares that at shall DO lawful for the No.
vada 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 all such property or
gifts by rattle or other schemes OF like char.
aeter." (Stat. 1881. 166, SEQ. ~
The information fled 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 . = a." and that they
" base their rights TO advertise, print, cir.
culste and sell tickets for tho said public
exhibitions or entertainments, and 10 pur-
chase, use, hold and distribute amongst
tho 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 the information
are admitted by respondents to be true.
Are the acts Of respondents without war.
rant Of law?
L. the Act OF the Legislature, approved
March 0, 1881, constitutional
First-Is the scheme or enterprise In
which the "Nevsda Benevolent Associs-
ton 10 engaged . lottery2
This question IL answered In the afhrma-
Atwa ~, Nha Iaatatnn ~ Nlta 0Anrk In -
parts Blanchard, 0 New, l04. Is that de-
cision corroct2 1t certainly Is. 1t Is sus-
taired by every decision that has boen
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact, wo are now
earnestly asked TO declare that tho musical
entertainment which the Nevada Benevo-
lent Association proposes TO give 10 not Q
lottery. Why notp What Is . lottery
Every scheme for the distribution Of prizes
by chance Is . lottery. Governors Of the
Almshouse Of New York W. American Art
Union. 7 N. w., 239; Dunn vs.. The Peo-
pie, 40 Ills, 467 =; State vs.. Shorts, 81 N.
j.; L., 40l ; Randlo W.. Stats, AZ Tex,
585 /; ChAvannah W. State, 40 Ala. 800;
Commonwealth vs.. Manderfeld, 8 Phil,
$50 United States vs.. olney, l Abb, U.
b., 279.)
A lottery Is 0 game OF hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL W. State, 8
Sneed., 509.)
"a contrivance for the distribution Of
prizes by chance ; 9 reliance upon tho
results Of hazard ; . decision Of the values
Of the a%dventurer's investment Of the
fAvors OF fortune" Is . lottery. Wooden
". Shotwell, 4 Zab., 1851
"Where . ~pecuniary consideration 10
paid. and IL 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 IL, or whether he is 10 have
anything. II Ia . lottery" (Stato vs..
Clarke, IS N. H., 335 Hull vs.. Ruggles.
sc N. Y, 427.)
1t makes no difference what namo Is
given to the scheme.
When tho element OF chance enters into
the distribution Of prizes IL 10 o lottery.
without reference 70 the name by which 1t
IL called.
"Ho may choose TO call his business .
gift sale." said the Court In Dunn W. Peo-
pie, supra, "but II 10 none the less Q lot
terry, and we cannot permit him to evsde
the penalties Of the law by SO transparent
. device as . nero change Of name. II IL
differs from ordinary lotteries the differ
ence lies chiefly In the fact that IL Is more
artfully contrived TO impose upon the ig-
norant and credulous, and 10, therefore,
more thoroughly dishonest aud injurious
10 society"
"The name given 10 the process and the
form Of the machinery used TO accomplish
tho object are not material, provided tho
substance Of the transaction IL 0 distribu.
ton or disposition Of property by lot"
(State W. Clarke, supra.)
"Courts will not inquire into the name,
but will determine tho character Of tho
scheme by tho nature Of tho transaction
or business In which the parties are 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 the
drawings entertainments or gift con-
certs.'" (Ex parte Blanchard, supra.)
"Tho fact that no plan OF distribution has
boon determined upon does not relieve the
scheme Of its character a. . lottery"
Thomas vs.. People. SO Ills, 1881
MOI 10 ~ MATERIAL, Baid tho Court OF
Appeals In the American Art Union case,
"to the question In hand that the prizes
were not known and designated when the
tickets or chances were subscribed and
paid for. Tho scheme In this respect IL
more Objectionable than q scheme In which
the prizes are previously fixed. because Il
affords less security to the subscribers that
tho chance purchased 10 worth the money
paid for It,"
We are Of opinion that tho facts stated
In the articles Of incorporation, In tho
statutes, and In the information. show that
the scheme Is one whereby the Legislature
OF this State, In consideration Of the sum
Of S250, 900, TO DO placed In tho State
Treasury. to tho credit OF the "Insane and
Charitable Fund.-" attempted to authorize
tho managers Of tho 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 tho ticket holders that
golden prizes would DO I" the lure TO in
cite tho crcdulous and unsuspecting into
this scheme"