Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-11
SUPREME COURT DECISION.
UNANIMOUS OPINION

being "to establish and carry on the
business Of providing for and giving pub
lie entertainments, In the State Of Nevada,
| Of Q 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 ct such times a. may be de-
termined by . Board Of Managers to DO
selected for that purpose by the Board OF
Trustees OF this company" It 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 10 be used only for such
charitable and benevolent purposes a. 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 approved March 0, 1881, de-
clares that ait shall be lawful for the Ne.
| yads Benevolent Association OF the State
Of Nevada to give not exceeding five public
entertainments or concerts; TO sell tickets
Of admission TO the same to 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
scter." (Stat. 1881, l66, Sec. ~
The information filed by the Attorney
General alleges that respondents, as Trus-
tees Of said association, are, without war
rant OF law, advertising, printing,
circulating and selling tickets for public
entertainments y 4 a." and that they
base their rights TO 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 aud
other valuable things" upon tho Act OF
tho Legislature above referred TO.
Tho facts set forth In the information
are admitted by respondents TO DO true.
Arc the acts Of respondents without war
rant Of law?
Is the Act Of the Legislature, approved
nbICu W 4ooip CUubbltutiuuci
First-Is tho scheme or enterprise In
which tho "NevsdA Benevolent Associa-
ton " is engaged . lotteryf
This question Is answered In the a6irms-
tive by tho decision Of this Court In er
parts Blanchard, 0 New, l0i. Is that de-
cision correctf 1t certainly is. 1t Is sus.
taired by every decision that has been
rendered by tho 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 =
lottery. Why notp What is Q lottery?
Every scheme for the distribution ofprizes
by chance is q lottery. Governors Of the
Almshouse OF New York W. American Art
Union. z N. ". $50; Dunn vs.. Tho Peo-
pie. Az Ills, 467 ; State VI. Shorts, 80 N.
j.; L., 40l handle vs.. State, AZ Tex,
585 /; Chayannah VI. State, 40 Ala. 800 ;
Commonwealth W.. Msndertield, y Phil,
459 I; United States VS.. Olney, l Abb, U.
g., 279.)
A lottery Is Q gamo OF hazard In which
small sums are yentured for tho chance Of
obtaining greater. tBell W.. State, 8
Snecd., 500.J
"A contrivanco for tho distribution OF
prizes by chance /; . reliance upon tho
results Of hazard Q decision Of the values
Of tho adventurer's investment OF the
favors OF fortune" 10 Q lottery. wooden
vs.. Shotwell, 4 Zab., 1867
"where . pecuniary consideration is
paid. and II is determined by lot or chance.
according to some scheme held out to tho
public what the party who pays the money
Is to have for II, or whether no Is TO have
anything. IL is q lottery" Estate W..
Clarke, 50 N. H.. ss5 Hull VS.. Ruggles,
SO N. Y, 427.)
1t makes no difference what name Is
given to the scheme.
When the element OF chance enters into
the distribution Of prizes 1t Is o lottery.
without reference to the name by which 1t
IL called.
"He may choose to call his business o
| gift SALE" said tho Court In Dunn vs.. PEG.
pie, supra, "but IL 10 mono tho less . lot.
terry. and wo cannot permit him to ovade
tho penalties OF the law by so transparent
q device ~ . mere change Of name. II II
differs from ordinary lotteries tho differ
ence lies chiefly In the fact that II is more
artfully contriyed to impose upon the ig-
norant and credulous, and H.. therefore,
more thoroughly dishonest and injurious
to society"
form Of the machinery used to accomplish
tho object arc not material, provided tho
substance OF the transaction IL o distribu.
tion or disposition Of property by lot"
Estate vs.. Clarke, supra.)
Courts will not inquire into the name,
but will determine the character OF the
scheme by tho nature OF the transaction
or business In which the parties are en-
gagged" (Rsndlo vs.. State, supra.)
"Tho character Of the scheme 10 in no
wise changed by the charitable purpose
expressed in Its title, nor by calling tho
drawings entertainments or gift con-
certs.'" (Ex psrte Blanchard, supra.)
"Tho fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of its character as q lottery"
Thomas vs.. People, 80 Ills, 1881
"Nor Is II material" said the Court Of
Appeals In tho American Art Union case,
I" to the question In hand that the prizes
were not known and designated when the
tickets or chances were subscribed and
/ poAd Ots ~ nshNLho ia thio ttsPcSt -
more Objectionable than q scheme In which
the prizes are previously fixed. because It
affords less security TO tho subscribers that
the chance purchased Is worth tho money
psid for It,"
We are Of opinion that tho facts stated
In tho articles Of Incorporation, In the
statutes, and In the information, show that
the scheme Is one whereby the Legislature
Of this State, In consideration Of the sun
Of $3.50, 600. to be placed in tho State
Treasury. 10 the credit Of the " Insane and
Charitable Fund.-" attempted to authorize
the managers OF tho Nevada Benevolent
Association " to enrich their own pockets,
at the expense Of the people Of this aud
other States, by holding out promises Of
the great and sudden gains that might DO
acquired by the ticket holders that
golden prizes would DO "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 10 say
that the managers Of this scheme are sim
= ~, Ioo1. - .k...kr .nI n,ro