Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-04-01
SUPREME COURT DECISION.
UNANIMOUS oprs,ox.l

On the 18th day OF February, A. D.
1881, articles OF incorporation Of the "Ne-
ysds Benevolent Association" were fled
In the Office OF the County Clerk Of Storey
county. The 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 Q musical and scientific character, 70
sell tickets Of admission to such entertain
ments, and 10 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 at such times - may DO de-
| termined by . Board Of Managers to be
selected for that purpose BY tho Board OF
Trustees Of this company" Il 10 pro-
vided that 10 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 70
be placed In the 6tats Treasury OF the
state Of Nevada 70 30 used only for suoh
| charitable and bsnevolsnt purposes - may
be determined BY the Legislature Of tho
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 o. 1881, de-
clares that '.it shall be lawful for the Ne.
vada Benevolent Association Of the State
Of Nevada 10 give not exceeding fve public
entertainments or concerts; 70 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 10 regulate
the distribution Of all such property or
gifts by rafis or other schemes Of like char
acter." tStat. 1881, 166, Bee. ~
The information flod 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 = . a." and that they
" base their rights to advertise, print, cir.
culate and sell tickets for the said public
exhibitions or entertainments, and 70 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 10.
The facts set forth In the information
are admitted by respondents 10 be true.
Arc the acts Of respondents without war
rant Of lsw2
L. the Act Of the Legislature, approved
March 0. 1881, constitutional
First-Is tho scheme or enterprise In
| which the "NevadA Benevolent Associa-
ton Is engaged . lotteryf
This question 10 answered In the afirma-
tive by the decision Of this Court In er
parts blanchard, 0 New, l04. Is that de-
cision oorrect2 1t certainly Is. It Is sus-
taired BY every decision that has been
rendered by tho 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 TO give Is not .
lottery. Why notp What 10 . lottery?
Every scheme for the distribution Of prizes
by chance Is . lottery. Governors Of tho
Almshouse Of New York W. American Art
Union, z N. w.. $50; Dunn W. The Poo
pie, 40 Ills, 467 ; State W. Shorts, 81 N.
j.; L., 40l |; handle VI. State, ~ Tex.
685 ; Chavannsh VI. State, 40 Ala, 500
Commonwealth Va. MAnderAeld, 8 Phil,
$50 ; United States VS.. 0lnsy, 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., 609.l
"a continuance for tho distribution Of
prizes by chance ; . reliance upon the
results Of hazard ; . decision Of the values
Of tho adventurer's investment Of tho
favors OF fortune" is Q lottery. wooden
W. Shotwell, 4 Zab., 1851
"Where . pecuniary consideration 10
paid, and II 10 determined by lot or chance.
according TO some scheme held ont 10 the
public what the party who pays the money
10 TO have for II, or whether ho 10 to have
anything, 1t is . lottery" (State vs..
Clarke. IS N. H., 1856 Hull VI. Ruggles,
Sc N. Y, 427.) <**%%
It makes no difference what name is
given TO the scheme.
When the element Of chance enters into
the distribution Of prizes II 10 . lottery.
without reference TO the nams by which II
IL called.
"He may choose 10 call his business o
gift sale" said the Court In Dunn VI. Peo-
pie, supra, "but Is 10 mona the iess . lot
terry, and We cannot permit him to ovae
the penalties OF tho Law by 30 transparent
. device % Q moro change OF name. II IL
enco lies chiefly In the fact that 10 10 more
artfully contrived to impose upon the ig-
norant and credulous. and Is, therefore,
more thoroughly dishonest and Injurious
to society"
"Tho name given To tho process and tho
form Of the machinery used TO accomplish
the object arc not material, provided tho
substance Of the transaction II q distribu.
ton or disposition Of property by lot"
Estate W.. Clarke. supra.)
"Courts will not inquire into tho name,
but will determine tho character Of tho
scheme by the nature Of tho transaction
or business In which the parties are en-.
gagged" tRando vs.. State, supra.)
"Tho character Of tho scheme Is In no
wise changed by tho charitable purpose
expressed in Its title, nor by calling tho
drawings entertainments or gift con-
certs.'" (Ex parto Blanchard. supra.)
"The fact that no plan OF distribution has
been determined upon does not relieve the
scheme Of Its character as Q lottery"
Thomas ". People. 80 Ills. 1881
"Nor is Il material" said the Court Of
Appeals In tho 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. The scheme In this respect 10
more Objectionable than . scheme In which
the prizes are previously fixed, because II
affords less security to the subscribers that
the chance purchased is worth the money
psid for IT,"
We are Of opinion that the facts stated
In the articles Of incorporation. In the
statutes, and In the information, show that
the scheme IL one whereby the Legislature
Of this State, In consideration Of the sum
Of $250, 900, to be placed In tho State
Treasury, to the credit Of tho "Inssne and
Charitable Fund.-" attempted TO authorize
the managers Of tho "Nevsds 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
oafdop privaa .outd Ia % tha lnro IN In.