Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-07
SUPREME COURT DECISION.
UNANIMOUS OPINION,

oUr uEuss 0oUht UeGtoIUUs
UNANIMOUS oPrSIoS.l
On the 10th day OF February, A. d.
1881, articles Of incorporation Of the "Ne.
vsda Benevolent Association" were filed
In the ofice 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.
lio entertainments, in the State Of Nevada,
Of musical and scientific character, 10
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
sction and other valuable things, upon
such terms and conditions and In such
manner and Ut such times a may DO de.
termined by . Board OF Managers to be
selected for that purpose by the Board Of
Trustees Of this company" Il 10 pro.
vided that 50 much Of the proceeds Of said
entertainments ''as may be 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
6tate Of Nevada 70 DO used only for such
charitable and benevolent purposes - may
bs determined by the Legislature Of the
State Of Nevada
The "Aet to Aid the Nevada Benevolent
Association In aiding In providing means
for the care and maintenance OF tho In.
sane Of Nevada. and for other charitable
purposes" approved March o. 1881, do.
| clares that '.it shall be lawful for the Ne.
vads Benevolent ASSOCIATION OF the State
Of Nevada 10 give not exceeding Ave public
entertainments or concerts; 10 sell tickets
Of admission TO the anne ; to distribute
among the holders Of such tickets personal
property, real estate, things In action, do.
msnds or other valuables, and to regulate
the distribution Of all such property OF
gifts by raHie or other schemes Of like char.
scter." (Stat. 1881, l66, Sec. ~
The information fled 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
T" base their rights TO advertise, print, cir
culste and sell tickets for the said public
exhibitions or entertainments, and 10 pur.
chase, uso, hold and distribute amongst
the holders Of such tickets personal pro
perty, real estate, chooses In action and
other valuable things" upon the Act ol
the Legislature above referred 10.
Tho facts set forth In the information
are admitted by respondents 10 DO true.
Are the acts Of respondents without war
rant Of law2
Is the Act OF the Legislature, approved
March 8, 1881, CONSTITUTIONAL
First-Is the scheme or enterprise In
which the "Nevada benevolent Assooia'
ton " is engaged . lottery1
This question Is answered In tho afirma.
tive by the decision Of this Court In sI
parts Blanchard, 0 New, l04. Is that do.
cision corroct2 1t certainly Is. It Is sus'
taiped 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 the musical
entertainment which the Nevada Benevo-
lent Association proposes 10 give 10 not q
lottery. Why not2 What 10 . lottery !
Every scheme for the distribution Of prizes
by chance 10 . lottery. Governors Of the
Almshouse Of New York vs. American Art
Union. z N. Y.., 239; Dunn vs.. The Peo-
pie, 40 Ills. 467 State vs.. Shorts, % N.
j.; L., 40l handle vs.. State, AZ Tex.
685 ; Chavannah VI. State, 40 Ala. 396
Commonwealth vs.. Manderield, . Phil,
459 ; United States vs.. olney, l Abb, U.
g., 279.)
A lottery is . gamo Of hazard in which
small sums arc ventured for the chance Of
obtaining greater. BELL VS.. State, 0
Bneed., 609.j
"a eontrivanco for tho distribution Of
prizes by chance . reliance upon tho
results Of hazard; Q decision Of the values
Of the adventurer's investment OF the
favors OF fortune" 10 . lottery. (Wcodon
W. Shotwell, 4 Zab., 1851
"Whero . pecuniary consideration 10
paid, and IL Is determined by lot or chance.
according 10 some scheme held out to the
public what the party who pays tho money
is 10 have for II, or whether he IL to have
anything, IL Is Q lottery" (Stato ".
Clarke. 3s N. H.. S35; Hull vs.. Ruggles.
Sc N. Y, 427.) =
It makes no difference what name 10
given TO the scheme.
When tho element OF chance enters Into
the distribution Of prizes 1t Is . lottery.
without reference 10 the name by which II
10 called.
HE may choose to call his business q
gift sale." said the Court In Dunn W. Poo.
ple, supra, "but II 10 one the less . lot
terry, and we cannot permit him to evado
the penalties OF the law by so transparent
. device as o mere change OF name. II II
differs from ordinary lotteries tho differ.
ence lies chiefly In the fact that 1t Is moro
artfully contrived TO impose upon the ig-
norant and credulous, and 10, therefore,
more thoroughly dishonest and injurious
TO society"
"The nsme given TO tho process and the
form Of the machinery used to accomplish
the object are not material, provided the
substance Of the transaction Is . distribu.
ton or disposition Of property by lot"
Estate W. Clarke, supra.)
Courts will not inquire into tho namo,
but will determine the character Of tho
scheme by the nature Of the transaction
or business In which tho parties are on.
gagged" (Handle vs.. State, supra.)
"The character OF tho scheme is In no
wise changed by the charitable purpose
expressed In Its title, nor by calling the
drawings entertainments or gift con-
oerts.'" (Ex parte Blanchard, supra.)
"The fact that no plan Of distribution has
been determined upon does not relieve the
scheme Of its character as . lottery"
Thomas W. People. 80 Ills, 1851
"Nor IL 10 material" said tho Court OF
Appeals Ia 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
moro Objectionable than Q scheme In which
the prizes are previously fixed. because 1t
affords less security to the subscribers that
the chance purchased 10 worth the money
psid for It,"
We are Of opinion that the facts stated
In the articles Of incorporation, In tho
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 the State
Treasury. TO tho credit Of the I" Insane and
Charitable Fund" attempted TO authorize
the managers Of the Nevada Benevolent
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