Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-13
SUPREME COURT DECISION.
UNANIMOUS op,s,oS.l

SS1hJ - SoINSt W tuO SSAH
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 at such times a. may DO de-
termined by . Board Of Managers to be
selected for that purpose by the Board Of
Trustees Of this company" II IL pro.
vided that 30 much Of the proceeds OF said
entertainments 'as may be deemed proper
by the Board OF Trustees, but not less than
$50. 900, from each entertainment, are TO
be placed In the State Treasury OF the
STATE Of Nevada TO be used only for such
charitable and benevolent purposes a. may
be determined By the Legislature OF the
State Of Nevada"
The "Act to Aid the Nevada Benevolent
Association In aiding In providing means
for the caro- and maintenance Of the in
sane Of Nevada. and for other charitable
purposes" (spproved March 8, 1881, de-
clares that ''it shall be lawful for tho Ne.
vada Benevolent Association Of the State
Of Nevada to give not exceeding five 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 TO regulate
the distribution Of all 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, - 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 10 advertise, print, cir.
culste 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
Is the Act OF the Legislature, approved
March o, 1881, CONSTITUTIONAL
First-Is the scheme or enterprise In
which tho "Novads Benevolent Associa.
ton Is engaged . lottery2
This question Is answered In the afirma-
tive by the decision OF this Court In &C
parts blanchard, o New, l0i. Is that de-
oision correct2 II certainly is. 1t Is sus.
taired by overy decision that has been
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact, wo are now
earnestly asked to declare that the musical
entertainment which the Nevada Benevo-
lent Association proposes to give IL not q
lottery. Why not? What Is . lottery 2
Every scheme for the distribution Of prizes
by chance IL . lottery. Governors Of the
Almshouse OF New York W. American Art
Union. Z N. ", 239; Dunn vs.. The PEG.
ple, 40 Ills, ACT State VI. Shorts, % N.
j.; L., 40l |; Randle vs.. State, A Tex,
585 ; Chavanmh vs.. State, 40 Ala. 39G ;
Commonwealth vs.. Msndertield, = Phil,
459 ; United States VI. 0lney. l Abb, U.
b., 279.)
A lottery IL Q game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL vs.. State, o
Sneed., 509.l
"a contrivanco for the distribution OF
prizes by chance . reliance upon the
results Of hazard |; . decision Of the values
Of tho adventurer's investment Of tho
favors Of fortune" 10 . lottery. (Wooden
vs.. Shotwell, 4 Zab., 1851
"Where 0 pecuniary consideration IL
paid, and IL Is determined by lot or chance.
according to some scheme held out to tho
public what the party who pays the money
10 to have for 1t, or whether no IL to have
anything. IL Is o lottery" Estate vs..
Clarke, 50 N. H.. 1886 4; Hull vs.. Ruggles,
Sc N. Y, A27.) \
1t makes NO difference what name Is
given to the scheme.
When the element OF chance enters into
tho distribution Of prizes IL is . lottery.
without reference to the namo by which II
is called.
"He may choose to call his business q
gift sale." said the Court In Dunn W. PEG.
pie, supra, "but IL Is none tho less . lot.
terry, aud we cannot permit him to evade
tho penalties Of the law by 80 transparent
0 device as . mere change Of namo. II IL
differs from ordinary lotteries the differ.
ence lies chiefly In the fact that IL Is more
artfully contrived TO impose upon the liz.
norant and credulous. and 10, therefore,
more thoroughly dishonest and injurious
to society"
1.-THE name given to the process and the
form Of tho machinery used to accomplish
tho object arc not material, provided tho
substance Of the transaction 10 Q distribu.
ton or disposition Of property by lot"
Estate 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 tho parties are en-.
gagged" (Randlo vs.. State, suprs.)
"The character Of tho 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.)
"Thc fact that no plan Of distribution has
been determined upon does not relieve the
scheme OF Its character as . lottery"
Thomas W. 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
were not known and designated when tho
tickets or chances were subscribed and
paid for. Tho scheme In this respect 10
more Objectionable than = scheme In which
the prizes are previously fixed. because It
affords less security 10 tho 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 the information, show that
the scheme Is ono whereby the Legislature
Of this State, in consideration Of the sun
OF $3.50, 600, to be placed In the State
Treasury, to the credit Of tho "Insane and
Charitable Fund.-" attempted to authorize
the managers Of the "Nevada Benevolent
Association 7" to enrich their own pockets,
Ut the expense Of the people Of this and
other States, by holding out promises OF
the great and sudden gains that might be
acquired by tho ticket holders that
golden prizes would BIO the lure TO in
cite the credulous and unsuspecting into
this scheme"
In the light Of all the facts that have
been presented Il would DO absurd to say
that the managers Of this scheme are sim