Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-07
SUPREME COURT DECISION.
UNANIMOUS orrsIoy.]

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 "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 tho 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 DO do.
termined by . Board OF Managers to DO
selected for that purpose by tho Board OF
Trustees OF this company" II Ia 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 10
be placed In the State Treasury OF tho
STATE Of Nevada TO be used only for such
charitable and benevolent purposes - may
be dstsrminsd 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 Q, 1881, de-
clares that "tt shall be lawful for the No.
vadA Benevolent Association Of the State
Of Nevada to give not exceeding Ave public
entertainments or concerts; TO sell tickets
Of admission TO tho same ; ~ 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." tStat. 1881, 1866, Sec. ~
The information filed by tho Attorney
General alleges that respondents, a. Trus-
tees OF said association, arc. without war.
rant Of law, advertising, printing,
circulating aud selling tickets for public
entertainments r." aud that they
base their rights to advertise, print, cir.
exhibitions or entertainments, and to 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 tho information
are admitted by respondents to DO true.
Are tho acts Of respondents without war
rant OF law2
Is tho Act Of tho Legislature, approved
March 0, 1881, constitutional
First-Is the scheme or enterprise In
which the "Nevada Benevolent Associa.
ton " Is engaged . lottery2
This question 10 answered In the afirma-
tive ~ the decision OF this Court In er
parte blanchard, y New. lOa: Is that de-
,sirod bv cvsrv dsc;s;nn a.. ~. hann
rendered. bv ,La ysr;ons nonr,s n tLa
IYnI,sd &C.,, 80, ~. u ~ "'
o,w;,Ss,.ndimr ,hi. fao, ~ -. ,o,.
o.snos,i, ."SaS ivy III .S' W. aio non
ea,nsy asn.u ~ u ae sns. tne musicai
ian, as.ooIs,ier nenn sno No " atn. pene,o.
io,,srn Whr nd,S w.. "s',o 80 :
Every sobeme for Tho d%istribrtior NJ nr;.e.
by chance h a l~otterv' fgoycrnor'saf Ina
Almshouse Of New York Va, American Art
Union, 7 N. ", $50; Dunn ys. The Peo.
pie, Az Ills, 467 /; State vs.. Shorts, 80 n.
j.; L., 4Ol: handle Va. State. Al Tor.
5s5 Chavannah vs.. State, 40 Ala. 500 /;
Commonwealth vs.. Manderfeld. 8 Phil,
459 United States vs.. 0lney, / Abb, U.
B., 270.)
A lottery 10 o gamo Of hazard In which
small sums are yentured for the chance Of
obtaining greater. tDell vs.. State, 8
Sneed., 509.J
"a co~ntrivanco for the distribution Of
prizes by chance ; q reliance upon the
results Of hazard ; q decision VI the values
Of tho adventures investment OF the
favors Of fortune" Is . lottery. wooden
W. Shotwell, 4 Zab., 1851
"Whero A peounisrv confederation 4,
maid. and II Ia dsterminsd Inv iot mr. cb.ncc
according to some scheme held ont TO Mo
public what the party who paws the money
Is to have for 1t, or whether ie is 10 have
anything, IL is n lottery" State va.
Clarke, SO N. H., 3s5 Hull Va. Rugrles.
SO N. Y, 427.j ssssss
Il makes no difference what mama Ia
given 10 the scheme.
W., a.. .,.u..,u
,ha dis,r;hn,in -. VI ohI.cG en'sIs ln.o
,.;,hnn. ros".ou, VI p.l.es ~ ~ Iottery.
y, M u.,,as fs'e'en'e 10 'he name ny whieh II
oMs .. III
10. H9 u,sy gsoVse W csii MS business .
S,I' saao, sa'e 'n9 eouIt " Dunn w. fco'
PIE, supra, 'ou. !. Is none Tue less q lot.
the penalties Of tbe Law nv 40 ,r.nsr.rsut
a device as a nero cbanpo Of name. IN n
differs from ordinary lotteries tba aiser.
ence lies chiefly in lie fact that n Il moro
artfully contriyed IN imnosa mon tha ,o.
norant and crsdnlons snJ "a ,h..aso.o
more tboroushis dishona.t .nd in,nn,on,
to society"
.mS"
form i ~ , lame gwen 70 mo process and the
!orm OF lne machinery used to accomplish
'ne oolee' are not material provided the
suos.ahce OF Ine transaction Is distribu.
uon ol uisPosi1lon Oh properly by lot.'
'o.a,e vs. oIarko, supra!
court wilI not Inquire Into the name,
out VIII de1ermino tho character OF tho
scnenle py tne nature OF the transaction
OF business 10 Which tho parties are en-.
gagged (handIe vs.. State, supra.)
character OF the scheme Ia In no
wise changed by inc charitable purpose
expressed In is tue, nor by calling tho
orawings ,enerIainment or gilt con-
0e,u NJ. lIn Parso pianchard, SUPRA
isc. P.AI Vi distribution mas
oeen uo'e' INV uPou uoes no' reiievo tne