Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-04
SUPREME COURT DECISION.
UNANIMOUS OPINION

DeluB W ebtapllbn nnd carry on tuo
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 tho holders Of such tickots
personal property, real estate, chooses In
action and other valuable thirgs, upon
such terms and conditions and In such
manner and ct such times as may DO do
termined by o Board Of Managers to DO
selected for that purpose by tho Board OF
Trustees Of this company" II Is pro.
vided that 30 much Of the proceeds OF said
entertainments "as may DO deemed proper
by the Board Of Trustees, but not less than
$50. 900, from each entertainment, are to
DO placed In the State Treasury OF the
STATE Of Nevada to be used only for such
charitable and benevolent purposes - may
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 ., 1881, de-
clares that at shall be lawful for the Ne.
| vada Benevolent Association Of the State
Of Nevada 10 give not exceeding I've public
entertainments or concerts; to sell tickets
Of admission to the same ; ~ distribute
among tho 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 or
gifts by rafle or other schemes Of like char
acter." (Stat. 1881, l66, Sec. ~
The information 1led 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 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.
porty, 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.
Are the acts Of respondents without war
rant Of lsw2
Is the Act Of tho Legislature, approved
March 0, 1881, con~stitutionsl2
Fhst-Is the scheme or enterprise In
which the "Nevada Benevolent Assooia.
ton Z" is engaged q lottery2
This question Ia answered In tho aflrma-
tive by tho decision Of this Court In er
parte Blanchard. 0 New, l0i. Is that do.
cision corroctp 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 Bensvo-
lent Association proposes to give 10 not Q
lottery. Why not? What IL . lottery ?
Every scheme for the distribution OF prizes
by chance 10 q lottery. tGovernor's Of the
Almshouse OF New York W. American Art
Union. z N. ", 239; Dunn vs.. The PEG.
pie, Az Ills, 467 ; State vs.. Shorts, 81 N.
j.; L., 40l |; handle vs.. State, A Tex.
585 ; C%havannah vs.. State, 40 Ala. 3y6 /;
Commonwealth vs.. Manderfeld, 8 Phil,
459 United States VI. Olney, l Abb, U.
g., 279.)
A lottery Is . game OF hazard In which
small sums are ventured for the chance Of
obtaining greater. BELL vs.. State, 8
Sneed., 509.l
"a continuance for the distribution Of
prizes by chance q reliance upon the
results OF hazard |; Q decision Of tho values
Of tho adventurer's investment OF the
favors OF fortune" Is Q lottery. Wooden
vs.. Shotwell, 4 Zab., 1861
"Where o ~pecuniary consideration Is
paid. and II is determined by lot or chance.
according to some scheme held out ~ the
public what tho party who pays the money
Is to have for it. or whether lie IL to have
anything, II Is . lottery" Estate vs..
Clarke, SO N. H., 3s5 Hull vs.. Ruggles,
SO N. Y, 427.) =
1t makes no difference what nsmo 10
given to tho scheme.
When the element Of chance enters into
tho distribution Of prizes 1t IL . lottery,
without reference 10 the namo by which 1t
10 called.
"He may choose TO call his business 0
gift SALE" said tho Court In Dunn vs.. PEG.
pie, supra, "but II IL none the less o lot.
terry, aud wo cannot permit him to evade
tho penalties Of the law by so transparent
. device as q mere change Of name. II IL
differs from ordinary lotteries tho differ.
ence lies chiefly in the fact that IL 10 moro
artfully contrived to impose upon the ig-
n0rant and credulous. and 10, therefore,
more thoroughly dishonest and injurious
10 society"
1.-THE name given to tho process and tho
form Of the machinery used TO accomplish
the object are not material, provided tho
substance Of the transaction Il Q distribu.
ton or disposition Of property by lot"
(State W. Clarke, supra.)
Courts will not inquire into tho name,
but will determine tho character Of the
scheme by tho nature Of tho transaction
or business in which tho parties are en-.
gagged" (Randle W. State, supra.)
"The character Of tho scheme 10 in no
wise changed by tho charitable purpose
expressed in its title, nor by calling the
drawings entertainments or gift con.
certs.'" (Ex psrte Blanchard, supra.)
"Thc fact that no plan OF distribution has
been determined upon does not relieve the
scheme Of Its character as lottery"
Thomas vs.. People, 90 Ills, 1881
"Nor Is IL MATERIAL" said tho Court Of
Appeals In the American Art Union case,
"to tho question In hand that the prizes
we're not known and designated when the
tickets or chances wero subscribed and
paid for. Tho scheme in this respect Is
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
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 one whereby the Legislature
OF this State, In consideration Of the sum
Of S250. 900. to DO placed in tho State
Treasury, to the credit Of tho "Insane and
Charitable Fund.-" attempted to authorize
tho managers OF the Nevada Benevolent
Association " to 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 be
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 tho facts that have
been presented 1t would be absurd to say
that tho managers Of this scheme are sim.
plv promptod hv JaaJ. ~ n ritv and pura