Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-30
SUPREME COURT DECISION.
UNANIMOUS oprs,os.l

On the 18th day OF February, A. D.
1881, articles OF incorporation Of the "Ne-
vada Benevolent Association" were fled
In the Office OF the County Clerk OF Storey
county. The object Of the corporation
being Ito establish and carry on the
business Of providing for and giving pub.
lilo entertainments, In the State Of Nevada,
Of musical and scientific character, TO
sell tickes Of admission 10 such entertain.
ments, and 70 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 be dc.
tsrmined by . Board Of Managers to be
selected for that purpose by the Board Of
Trustees Of this company" II IL pro.
vided that 20 much Of the proceeds Of said
entertainments ga may DO deemed proper
BY the Board Of Trustees, but not less than
$4,000 from each entertainment, are 10
be placed In the State Treasury Of the
6taIe Of Nevada 70 be used only for such
charitable and benevolent purposes - may
BE- determined BY the Legislature Of the
State Of Nevada"
The "Aot to Aid the Nevada Benevolent
Association In aiding In providing means
for the care and maintenance Of the In.
ssne Of Nevada. and for other charitable
purposes" approved March Q, 1881, de-
clares that ''it shall be lawful for the Ne.
vsda Benevolent Association Of the State
Of Nevada 10 give not exceeding Ave public
entertainments or concerts; 10 sell tickets
- .Inntaatnn a. Aka a.-. A.. Atatrih,xt "a
among the holders Of such tickets personal
property. real estate. things In action, de-
mands or other valusbles, and TO regulate
the distribution Of all such property OF
gifts BY rafie or other schemes Of like char
soter." tBtat. 1881, l66, Bee. ~
The information filed 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 10 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 oil
the Legislature above referred 10.
The facts set forth In the information
are admitted by respondents TO DO true.
Are the acts Of respondents without war.
rant Of law?
Is the Act Of the Legislature, approved
March 0, 1881, constitutional2
First-Is the scheme or enterprise In
which the "Nevsda Benevolent Associa.
ton 10 engaged . lottery2
This question Ii answered In the afirma.
tive by the decision Of this Court In ca
parts Blanchard, Q New, l0A. Is that do.
cision correctf 1t certainly IL. 1t IL 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 tho musical
entertainment which the Nevada Benevo-
lent Association proposes To give Is not q
lottery. Why not2 What 10 . lottery 2
Every scheme for the distribution OF prizes
by chance IL . lottery. Governors Of the
Almshouse Of New York W. American Art
Union. z N. w.. $50; Dunn vs.. The PEG.
pie, 40 Ills, 467 State vs.. Shorts, 80 N.
j.; L., 40l /; Randlo vs.. State, A Tex.
685 Chavannah vs.. State, 40 Ala. 500
Commonwealth Va. Msnderield, 8 Phil,
$50 ; United States vs.. 0lney, l Abb, U.
B., 279.)
A lottery Is . game Of hazard In which
small sums arc ventured for the chance Of
obtaining greater. BELL VI. State, 8
Sneed., 609.l
"a contrivsnce for the distribution Of
prizes by chance ; . reliance upon the
results Of hazard ; . decision Of the values
Of the adventurer's investment Of the
favors OF fortune" Is . lottery. Wooden
VI. Shotwell, 4 Zab., 1851
"Where . ~pecuniary consideration 10
paid, and II il determined by lot or chance.
according 10 some scheme held out 10 the
public what the party who pays the money
Is to have for II, or whether ho 10 10 have
anything. Il IL . lottery" (Stato vs..
Clarke, IS N. H., 3s5 Hull vs.. Ruggles.
Sc N. Y, 427.) 4
It makes no difference what name Ia
given 10 the scheme.
When the element Of chance enters into
the distribution Of prizes It 10 Q lottery.
without reference 10 the name by which II
10 called.
"He may choose TO call his business q
gift salo," said tho Court In Dunn W.. Peo.
pie, supra, "but IL IL none tho less Q lot
terry, and We cannot permit him to ovado
the penalties Of tho law by 30 transparent
. device Is . nero change Of name. II II
differs from ordinary lotteries the differ.
ence lies chiefly In the fact that II Is moro
artfully contrived to impose upon the ig.
norant and credulous, and is,. therefore,
more thoroughly dishonest and injurious
10 society,""
"The name given To tho process and tho
form Of the machinery used to accomplish
tho object are not material, provided the
substance Of the transaction IL o distribu.
tion or disposition Of property by lot"
(State 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 on
gagged" (Randlo vs.. State. supra.)
"The character Of the scheme 10 In no
wise changed by the charitable purpose
expressed In It's title, nor by calling the
drawings entertainments or gift con.
ocrts.'" (Ex parto Blanchard. supra.)
"The fact that no plan Of distribution has
boon determined upon does not relieve the
scheme Of Its character as . lottery"
Thomas vs.. People. so Ills, 1881
"Nor Is It 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 IL
moro Questionable than Q scheme In which
the prizes are previously fxed. because It
affords less security 10 the subscribers that
tho chance purchased is worth the money
paid for It,"
We are Of opinion that tho facts stated
In the articles Of incorporation, In tho
statutes, and in the information. show that
the scheme 10 n whereby tho Legislature
Of this State, In consideration Of the sun
Of $250. 900, TO DO placed In the State
Treasury, 70 the credit Of the "Insane and
Charitable Fund.-" attempted TO authorize
the managers Of the "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 be tho lure 10 In.
cite the credulous and unsuspecting into