Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-28
SUPREME COURT DECISION.
UNANIMOUS OPINION

w sno ASsn uAy VI EeuEuhtyt 49,
1881. articles Of incorporation Of the '.Ne.
ysda Benevolent Association" wero filed
In the oface OF the County Clerk Of Storey
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,
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 ticketi
personal property, real estate, chooses IN
action and other valuable things, upon
such terms and conditions and In such
name and ct such times a may be de-
termined by . Board OF Managers TO be
selected for that purpose by the Board Of
Trustees Of this company" It Is pro.
vided that 30 much Of tho proceeds Of said
entertainments 'as may be deemed proper
BY the Board Of Trustees, but not less than
$4,000, from each entertainment, are 70
DO placed In the State Treasury OF the
state Of Nevada to DO used only for such
charitable and bsnevolsntpurposes - may
DO determined by the Legislature Of the
State Of Nevada."
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 o, 1881, do.
clares that ait 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 admission 10 the same ; to distribute
among the holders Of such tickets personal
property, real estate, things In action, do.
mands or other valuables, and to regulate
the distribution Of all such property OF
gifts BY rafie or other schemes Of like char
acter." tStat. 1881, l66, Bee. ~
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
entertainments = -" and that they
base their rights 10 advertise, print, cir
culAte and sell tickets for the said public
exhibitions or entertainments, and 70 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 oil
the Legislature above referred to.
The facts set forth In the information
are admitted by respondents 10 DO true.
Are the acts Of respondents without war
rant Of law?
Is the Act Of the Legislature, approved
March 8. 1881, constitutional
First-ls the scheme or enterprise In
which the "Nevads Benevolent Associa'
ton I" Is engaged . lottery2
| Thia nuaatian in anawaraI In thu aHirma.
tive by tho decision Of this Court In c.
parts Blanchard, 0 New, l04. Is that do.
cision correct2 It certainly Is. 1t Is sus.
tsired by every decision that has been
rendered by the various courts in the
United States upon this question.
Notwithstanding this fact, wo are now
earnestly asked 10 declare that tho musical
entertainment which the Nevada Benevo.
lent Association proposes to give ia not q
lottery. Why n0tp What Is 0 lottery :
Every scheme for the distribution Of prizes
by chance 10 Q lottery. Governors Of the
Almshouse Of New York W. American Art
Union, z N. w.. $50; Dunn vs.. Tho Peo.
pie, 40 Ills, 467 State vs.. Shorts, 81 N.
j.; L., 40l ; Randle vs.. State, AZ Tex,
585 C%havannRh W. State, 40 Ala, 396
Commonwealth W.. Manderheld, 8 Phil,
459 United States VS.. 0lney, / Abb, U.
g., 279.)
A lottery Is . game OF hazard In which
small sums are ventured for tho chance Of
obtaining greater. (Bell vs.. State, 8
Sneed., 509.l
"a continuance for the distribution Of
prizes by chance |; . reliance upon the
results Of hazard /; o decision Of the values
Of tho adventurer's investment Of tho
favors OF fortune" is . lottery. wooden
vs.. Shotwell, 4 Zab., 1851
"Where Q 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 tho money
Is to have for IL, or whether ho 10 10 have
anything. IL Is Q lottery" (Stato vs..
Clarke, SO N. H., 335 Hull vs.. Ruggles.
Sc N. Y, 427.) =
1t makes no difference what name IL
given TO tho scheme.
When tho element Of chance enters into
tho distribution Of prizes IL IL o lottery.
without reference to tho namo by which II
Is called.
He may choose 10 call his business q
gift salo." said the Court In Dunn VS.. PEG.
pie, supra, "but IL IL mono the less Q lot.
terry, and wo cannot permit him to ovado
the penalties Of the law by so transparent
. device a. q mere change Of name. II 10
differs from ordinary lotteries the differ
ence lies chiefly In the fact that 10 Is moro
artfully contrived to impose upon the ig-
norant and credulous, and Is. therefore,
more thoroughly dishonest and injurious
to society,""
"The name given 10 tho process and the
form Of the machinery used TO accomplish
tho object arc not material, provided the
substance Of tho transaction IL o distribu.
ton or disposition Of property by lot"
Estate vs.. Clarke. supra.)
"Courts will not inquire into the name,
but will determine tho character Of the
scheme by tho nature OF tho transaction
or business In which the parties arc en-
gagged" (Randlo VS.. State, supra.)
"The character Of the scheme Is In no
wise changed by the charitable purpose
expressed in Its title, nor by calling tho
drawings entertainments or gift con.
cerb.'" (Ex parto Blanchard, 'supra.)
"Tho fact that no plan Of redistribution has
been determined upon does not relieve the
scheme Of its character as . lottery"
tThomas vs.. People. SO Ills, 1881
"Nor Is II 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 the
tickets or chances were subscribed and
paid for. The scheme In this respect 10
more Objectionable than Q scheme In which
the prizes are previously fixed, because II
affords less security 10 the subscribers that
tho chance purchased is worth the money
psid for It,"
We arc Of opinion that tho facts stated
In the 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 sum
Of S250. 900, TO be placed In the State
Treasury. 70 the credit Of the "Insane and
Charitable Fund.-" attempted TO authorize
tho 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 DO the lure TO in
cite tho credulous and unsuspccting into