Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-17
SUPREME COURT DECISION.
I~uSAs1xous oprS1os.l


1881, articles Of incorporation Of the "Ne-
vsda Benevolent Association" were fled
In the Office OF the County Clerk Of Storey
county. Tho object Of tho 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 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 % may DO do.
termined by . Board Of Managers TO be
selected for that purpose by the Board OF
Trustees OF this company" II Is 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 70
be placed In the State Treasury OF the
STATE Of Nevada 70 be used only for such
charitable and benevolent purposes a. may
be 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 tho In.
ane OF Nevada, and for other charitable
purposes approved March 8, 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 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 ratio or other schemes OF like char.
acter." (Stst. 1881, l68, SEQ. ~
The information filed by the Attorney
General alleges that respondents, Is Trus-
tees Of said association, are, without war.
rant Of law. advertising. printing,
circulating and selling tickets for public
entertainments q" 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.
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 0. 1881. constitutional
First-ls the scheme or Enterprise In
which the "Nevada Benevolent Associa-
tion" IL engaged o lottery2
This question 10 answered In the aHirma-
tive by the decision Of this Court In er
parte Blanchard, 0 New, l04. Ii that de-
cision corroctP 1t certainly Is. II Is sus.
taired by every decision that has been
rendered BY the various courts In tho
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 10 not 9
lottery. Why not? What is . lottery 2
Every scheme for the distribution Of prizes
by chance Ii lottery. Governors Of the
Almshouse Of New York W. American Art
Union, z N. ", $50 Dunn vs.. Tho Peo-
Pile, 40 Ills, 467 State W. Shorts, 81 N.
J.; L., 40l handle vs.. State, ~ Tex.
585 ; Chavannah vs.. State, ~ Ala. 800 ;
Commonwealth vs.. Manderfeld, y Phil,
459 ; United States vs.. Olney, l Abb, U.
b., 279.)
A lottery Is . game Of hazard in which
small sums are ventured for the chance OF
obtaining greater. BELL VS.. State, 8
Sneed., $685.
"a continuance for the distribution Of
prizes by chance ; . reliance upon the
results Of hazard ; . decision Of the values
Of the adventurer's investment Of tho
favors OF fortune" 10 . lottery. Wooden
vs.. shotwell, 4 Zab., 1852
"Where . p~ecuniary consideration 10
paid, and II 10 determined by lot OF chance,
according to some scheme held out TO tho
public what the party who pays the money
IL to have for 1t, or whether no IL to have
anything, II IL Q lottery" (Stato vs.
Clarke, 50 N. H., 335 Hull vs.. Ruggles,
SO N. Y, 427.) %***
1t makes no difference what name Is
given TO the scheme.
When tho element Of chance enters into
the distribution Of prizes 1t Is Q lottery.
without reference 10 the namo by which II
10 called.
"Ho may choose to call his business .
gift sale." said tho Court In Dunn vs.. PEG.
pie, supra, "but 10 10 zone the less . lot.
terry, and we cannot permit him to evado
the penalties Of the law by 80 transparent
. device as . nero change Of name. II IL
differs from ordinary lotteries the differ.
ence lies chiefly In the fact that II Is more
artfully contrived 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 the
substance Of the transaction IL Q distribu.
ton or disposition Of property by lot"
Estate W. Clarke, supra.)
Courts will not inquire into tho name,
but will determine the character Of tho
scheme by the nature Of the transaction
or business In which the parties are en-
gagged" (Randle vs.. State, supra.)
"The 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.
ccrts.'" (EI 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 10 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 tho
tickets or chances were subscribed and
paid for. The scheme In this respect IL
more Objectionable than . scheme In which
the prizes are previously fixed. because 1t
affords less security 10 the subscribers that
the chance purchased Is worth the 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 $3.50. 900, to be placed In tho State
Treasury. TO the credit Of the "Insane and
Charitable Fund.-" attempted to authorize
the 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 be the lure TO in
cite the credulous and unsuspecting into
this scheme"
Tn tina liobt nj ali the fanta that haye