Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-05
SUPREME COURT DECISION.
UNANIMOUS op,s,oS.l

county. The 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,
off musical and scientific character, TO
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 at such times as may DO de-
termined by q Board Of Managers to DO
selected for that purpose by tho Board OF
Trustees OF this company" 1t 10 pro-
vided that so much Of the proceeds OF said
entertainments "ss may be deemed proper
BY the Board Of Trustees. but not less than
$500 0 from each entertainment, are TO
be placed In the State Treasury Of the
STATE Of Nevada 70 be used only for such
charitable and bsnsvolsnt a. may
Be determined b the Legislature OF the
The "Act 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 Q, 1881, do.
clares that ''it shall be lawful for the No.
yads benevolent Association Of tho 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 to regulate
the distribution Of all such property or
gifts by rattle or other schemes Of like char.
acter." (Stat. 1881, 1866, Seo. ~
The information fled by tho Attorney
General alleges that respondents, % Trus-
toes 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.
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
tho Legislature above referred to.
The facts set forth In the information
are admitted by respondents to DO true.
Arc the acts Of respondents without war.
rant Of law2
Is the Act Of the Legislature, approved
March 0. 1881, constitutional2
First-Is the scheme or enterprise In
which the "Nevada Benevolent Associa.
ton Is engaged . lottery2
This question Is answered In the aflrma-
tive by the decision Of this Court In &c
parts Blanchard, o New, l0i. Is that do
cision corroct2 II certainly Is. 1t IL 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 tho musical
entertainment which the Nevada Benevo-
lent Association proposes TO give Is not Q
Every scheme for tho distribution Of prizes
by chance Is . lottery. Governors Of tho
Almshouso OF New York vs.. American Art
Union. z N. w.. $50; Dunn vs.. Tho Peo-
pie, 40 Ills, 467 State vs.. Shorts, 50 N.
j.; L., 40l |; Randle vs.. State, "A Tex,
685 /; Chavannah vs.. State. 40 Ala. 800
Commonwealth vs.. Mapderfeld, 3 Phil,
459 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.l
"a continuance for the distribution Of
prizes by chance I; . reliance upon tho
results OF hazard /; Q decision OF the values
Of the adventurer's investment Of the
fsvors OF fortune" Is 0 lottery. wooden
VI. Shotwell, 4 Zab., 1857
"Where . ~pecuniary consideration. IL
paid, and II Is determined by lot or chance.
according 10 some scheme held out to the
public what the party who pays tho money
10 to have for 1t, or whether he 10 to have
anything. 1t 10 . lottery" Estate vs..
Clarke. 80 N. H., 1856 Hull W. Ruggles.
SO N. Y, 427.)
It makes no difference what name Is
givon to the scheme.
When the element Of chance enters into
the distribution Of prizes 1t il . lottery.
without reference to the name by which II
10 called.
"He may choose TO call his business q
gift SALE" said tho Court In Dunn W. PEG.
pie. supra, "but IL is none the less Q lot.
tory, and WI cannot permit him to evade
the penalties Of the law by so transparent
Q device ~ Q mere change Of name. II II
differs from ordinary lotteries the differ.
ence lies chiefly In the fact that 10 10 more
artfully eontriyed TO impose upon the 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 to accomplish
the object are not material, provided tho
substance Of the transaction IL . distribu.
ton or disposition Of property by lot"
(state W. Clarke. supra.)
Courts will not inquire into the name,
but will determine the character OF the
scheme by the nature Of tho transaction
or business In which tho parties are en-.
gagged" (Randle W. State, supra.)
1.-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, suprs.)
"Thc fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of Its character as 0 lottery"
Thomas VI. People. 80 Ills. 1881
"Nor Is II material" said the Court Of
Appeals In tho American Art Union case,
"to the question In hand that tho prizes
werc not known and designated when the
tickets or chances were subscribed and
paid for. The scheme In this respect 10
more Questionable than . scheme In which
the prizes arc previously fixed. because II
Affords less security 10 the subscribers that
thu chance purchased 10 worth the money
paid for IT,"
We arc Of opinion that the facts stated
In tho articles Of incorporation. In the
statutes, and In the information, show that
the scheme IL one whereby the Legislature
Of this State, In consideration OF tho sum
Of $25o. 900, to DO placed In tho State
Treasury, to tho credit Of tho "Insane and
Charitable Fund.-" attempted TO authorize
the managers Of tho Nevada Benevolent
Association " 10 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 the ticket holders; that
golden prizes would be the lure to In.
cite the credulous and unsuspecting into
this scheme"
In the light OF all tho facts that have
been presented IL would DO absurd to say
that the managers Of this scheme are sim
ply prompted by deeds Of charity and pure