Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-10
SUPREME COURT DECISION.
~IuNAS1xous orIN1oN.l

On the 18th day OF February, A. d.
1881, articles Of incorporation Of the "Ne-
vada Benevolent Association" were filed
In the Office OF the County Clerk Of Storey
county. Tho object Of the corporation
being ITO 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 ct such times as may be de-
termined by . Board Of Managers to DO
selectedf for that purpose by tho Board OF
Trustees OF this company" II Ii pro.
vided that 80 much Of the proceeds OF said
entertainments "as may DO deemed proper
by the Board OF Trustees, but not less than
$4,000, 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 ~ may
b determined By the Legislature Of the
State Of Nevada"
4uo hSt w AiQ tue NoVbub oohsSSaoas
Association In aiding In providing means
for the care and maintenance Of the In
san Of Nevada, and for other charitable
purposes" approved March 9, 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; TO sell tickets
Of admir- sion to the same ; to 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.
acter." (Stat. 1881, l66, Sec. ~
The information filed by the Attorney
General alleges that respondents, a. Trus-
tees Of said association. are. without war
rant Of law, advertising, printing.
circulating and selling tickets for public
base their rights TO 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
the Legislature above referred to.
The facts set forth in the information
are admitted by respondents to DO true.
Are the acts Of respondents without war.
rant Of law2
Is the Act Of the Legislature, approved
March Q, 1881, constitutional2
First-ls the scheme or enterprise In
which the "Nevsda Benevolent Associa.
ton 10 engaged q lottery2
This question is answered In the aflrma-
tive by tho decision Of this Court In &c
parts Blanchard, 0 New, l04. Is that de.
cision corroctf It certainly Is. 1t 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 10 not Q
lottery. Why not2 What Is Q lottery2
Every scheme for the distribution Of prizes
by chance Ii Q lottery. Governors Of the
Almshouse Of New York W. American Art
Union. 2 N. ", 239; Dunn VI. Tho Poo.
pie, 40 Ills. ACT State vs. Shorts, 80 N.
j.; L., 40l Randlo vs.. State, a. Tex,
685 /; Chavannsh vs.. State, 40 Ala. 800 I;
Commonwealth vs.. Manderield, 8 Phil,
459 /; United States vs.. Olney, I Abb, U.
H., 279.)
A lottery Ia . game Of hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL VI. State, 8
Sneed., 509.j
"a contrivanco for the distribution OF
prizes by chance 4; . reliance upon the
results Of hazard ; q decision Of the values
Of the adventurer's investment Of the
fAvors OF fortune" 10 Q lottery. wooden
vs.. Shotwell, 4 Zab., 1857
"Where o ~pecuniary consideration Ia
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
Is to have for 1t, or whether ho IL 10 have
anything, 1t Is o lottery" (Stato vs..
Clarke. SO N. H., 1856 Hull vs.. Ruggles.
&c N. Y, 427.)
It makes no difference what name IL
given to tho scheme.
When the element OF chance enters into
the distribution Of prizes IL is . lottery.
without reference to tho namo by which 1t
10 called.
"He may choose to call his business o
gift SALE" said tho Court In Dunn vs.. PEG.
pic, supra, "but IL is none tho less Q lot
terry. and We cannot permit him to evado
the penalties Of tho law by so transparent
. device as o mere change OF name. II IL
differs from ordinary lotteries the differ.
ence lies chiefly In the fact that IL Is more
a~rtfully contrived TO impose upon tho IT,
norant aud 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
tho object are not material. provided the
substance OF the transaction Is o distribu.
tion or disposition Of property by lot"
Estate VI. Clarke, supra.)
Courts will not inquire into the name,
but will determine the character Of tho
scheme by the nature OF the transaction
or business In which tho parties are en-.
gagged" (RandIe Vi. State, supra.)
"The character Of tho scheme is In no
wise changed by the charitable purpose
expressed In Its title, nor by calling tho
drawings entertainments or gift con.
certs.'" (Ex parto Blanchard, supra.)
"Tho fact that mo plan Of distribution has
been determined upon does not relieve the
scheme Of Its character as O lottery"
Thomas vs.. People, SO Ills, 1881
"Nor 10 II MATERIAL" said tho Court Of
Appeals In tho American Art Union case,
"to the question In hand that the prizes
were not known and designated when the
tickets or chances wero subscribed and
paid for. The scheme In this respect Is
moro Objectionable than Q scheme In which
the prizes arc previously fixed, because Il
affords less security to the subscribers that
the chance purchased is 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 Is ono whereby the Legislature
OF this State, In consideration Of the sum
Of $3.50, 900, to DO placed In the State
Treasury, to the credit Of the Insane and
Charitable Fund.-" attempted TO authorize
the managers Of the Nevada Benevolent
Association " to enrich their " pockets.
at 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 the ticket holders; that
prizes would be the lure to In
cite the credulous and unsuspecting into
Alt. .,hao,aD