Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-25
SUPREME COURT DECISION.
UNANIMOUS OPINION

SseS
On the 10th day OF February. A. D.
1881, articles Of incorporation OF the "Ne.
vsda 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 Nevads,
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 ut such times Is may DO do.
termined by . Board Of Managers TO bo
selected for that purpose by the Board OF
Trustees OF this company" II 10 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. zoo. from each entertainment, are 70
DO placed In the State Treasury Of the
gtate OF Nevada 70 be used only for such
charitable and bsnsyolsntpurposes - 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
sane Of Nevada. and for other charitable
purposes" approved March 9, 1881, de-
| clsres that ''it 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
/ ~ aIOntaaiOn IN thu a.nna . S.. Aiatrihtt IN
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 rafie or other schemes Of like char
acter." tStat. 1881, 166, Sec. ~
The information filed by the Attorney.
General alleges that respondents. IS Truss
toes 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.
oulste and sell tickets for the said public
exhibitions or entertainments, and ~ 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 tho acts Of respondents without war
rant Of law2
Is the Act Of the Legislature, approved
March 0, 1881, CONSTITUTIONAL
First-Is the scheme or enterprise In
which the Nevada Benevolent Associa.
ton " Is engaged . lottery2
This question is answered In the afirms-
tive by the decision Of this Court In CT
parts blanchard, 0 New, l0i. Is that de-
cision correctf 1t certainly is. 1t Is sus.
taiped by every decision that has been
rendered by the various courts In the
United States upon this question.
Notwithstanding this fact, wo are now
earnestly asked to declare that the musical
entertainment which the Nevada Benevo-
lent Association proposes 10 give 10 not q
lottery. Why notp What Is o lottery 2
Every scheme for the distribution Of prizes
by chance Is 0 lottery. Governors Of the
Almshouse Of New York W. American Art
Union, 2 N. ", $50; Dunn vs.. The Poo.
pie, 40 Ills, ACT State vs.. Shorts, 81 N.
J.; L., 40l /; Randle vs.. State, "a Tex,
685 Chavannah vs.. State, 40 Ala, 800 ;
Commonwealth W.. Manderield, 3 Phil,
459 United States VI. 0lney, l Abb, U.
g., 279.)
A lottery Is . game Of hazard In which
small sums are vontured for the chance Of
obtaining greater. BELL vs.. State, b
Sneed., 509.l
"a contrivanco for the distribution Of
prizes by chance |; Q reliance upon the
results Of hazard /; . decision Of the values
Of the adveuturer's investment Of tho
favors OF fortune" IL . lottery. wooden
vs.. Shotwell, 4 Zab., 1861
"whero . pecunisry consideration is
paid, and II is determined by lot or chance.
according 10 some scheme hold out to the
| public what the party who pays the money
Is to have for 1t. or whether he Is TO have
anything, II is Q lottery" Estate vs..
Clarke, SO N. H., 1856 ; Hull vs.. Ruggles,
So N. Y, 427.)
1t makes no difference what name Is
given to the scheme.
When the element OF chance enters into
the distribution Of prizes 1t IL . lottery.
without reference to the name by which IL
Ia called.
"He may choose TO call his business q
gift SALE" said the Court In Dunn W. PEG.
plo, supra, "but IL ID none the less Q lot.
terry. and we cannot permit him to ovado
the penalties OF the law by 80 transparent
. device as 0 mere change OF name. II IL
differs from ordinary lotteries tho differ.
ence lies chiefly In the fact that IL 10 more
artfully contriyed to impose upon tho ig-
norant and credulous. and 10. therefore,
moro thoroughly dishonest and injurious
70 society"
"The name given TO the process and tho
form Of tho machinery used TO accomplish
the object are not material, provided tho
substance Of the transaction IL o distribu.
ton or disposition Of property by lot"
Estate vs.. Clarke. supra.)
"Courts will not inquire into tho name,
but will determine the character Of the
scheme by the nature Of tho transaction
or business In which tho parties arc en-.
gagged" (Randlo vs.. State, supra.)
"The character Of the scheme is In no
wise changed by the charitable purpose
expressed In Its title, nor by calling tho
drawings entertainments or gift con.
corts.'" (Ex parto Blanchard, supra.)
1.-THE fact thatn no plan Of distribution has
been determined upon does not relieve the
scheme Of Its character as . lottery"
Thomas vs.. People. SO Ills. 1881
"Nor Is II material" said the Court OF
Appeals 10 the American Art Union case,
"to the question In hand that tho prizes
were not known and designated when the
tickets or chances were subscribed and
paid for. Tho scheme In this respect Is
moro Objectionable than . scheme In which
the prizes arc previously fixed. because II
affords less security TO the subscribers that
the chance purchased is worth tho money
psid 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 $250, 900, TO be placed In the State
Treasury. TO tho credit Of tho Insane and
Charitable Fund" attempted to authorize
the managers OF tho Nevada Benevolent
Association +" to enrich their own pockets,
ct 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 DO the lure to in
cite the %crodulous and unsuspecting into
this scheme"