New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-10-11
erof. Gournud and DIR. Lardner.

within a week or two past pdrtc statements,
procssedlv edltorial,} of the obstacles which have
forced DR.. LARDNER to postpone hls intended lee
lures at the Tabernacle: and with remarkable
unanimitv Of purpose they strive to give the I'M
preston that DR.. LARDNER has been treated with
Injustice and been subjected to needless and
wrongful embarrassments by Prof. GoURAuD who
claims. by virtue Of contract with the owners
The exclusive right to exhibit Russell's Planetar-
, am which was advertised by DR.. Lardner these
statements are all erroneous and seem to us 10 10
great Injustice 10 Prof. GoURAup who wisely sug
rested, in note we recently publlshed' mat 'ie
whole matter be left in the hands oil the legai I'LL
bunals to which appeal has been taken. lie spoke
with manly repret of the unpleasant controversy
.,tb Dr Lardner, and avowcd his perfect conf
dcnce in the decisions of the Court. But his OPP
,,o,c,ts have carried the controversy INTO the
newspapers, and matter OF simple justice to
Prof Gouraud, and at his request we give place
to the contract by which he is bound with the
owners of the Planetarium and under which he
claims the exclusive right to its exhibition. He
is perfectly willing to abide by the terms of that
contract; and will cheerlully meet the issue which
mas been raised, as to whether he has violated
them or not. at the legal tribunal to which APP
peal has been made. Ii the decision is in his ia
yor he will avail himself oft; if against him he
will submit; but in neither case, neither before
nor after the decision, will he seek to prejudice the
public mind or invoke the public sympathy in his
behalf. If he is deprived of the instrument in vi
oaton of the contract, and DR.. LARDNER is al
lowed to exhibit it in the different cities of the
Union, it will of course be of no farther use to
him. The whole question is one of equity and
should be left entirely to the decision Of the proper
Court. The following is the contract under which
he claims the control Of the Panetarium
al Moses Jewett agent of Russel Plauearium hereby
contract with Prof Francis Fauvel Couraud, of Buffalo,
NewIo RENT TO the said Francis Faurel GOuraud
Russss Panetarum called for the purpose of exhibiting
aud featuring Astronomy in the cities Of Newly rk
Philadelphia, Baltimore New-Orleans, and Boston,
dtons as follows, VIZ:
Article ls The said Fauvel Gouaud shall continue to
lecture Astronomy, connected with the said Panetarium
the cities above mentioned long he shall judge pro-
per he shall hare the sole control Of tbs Machine and
shall direct the prudential concerns Of The same
Article ID, He shall pay out of the gross proceeds the
penes OF transportation and all other necessary contingent
expenses which the welfare of the may require
the from the lectures
trouoy shall be subsequently divided in equal parts between
the company meaning the said owner and the said Fauve
Gourlud
Article Sd The division the said not, proceeds between
the said Fauve Gouraud and the said company of
said Panetarum shall take place every Saturday the week.
oener if convenient and the part belonging the said
company shall be placed the hands of the agent
pany any other person designated by the said agent
SPECIAL LETTER.
Article 4th The said Fauyel Gouraud shall construct
without any charge to the Company or the gross proceeds
of
other appendages be used in the lectures with the
Panearium, not exceeding the sum Of screntyre dollars
and which shall be furnished by the agent of the
piny and the SAID transparences shall be and remain the
absolute property of the said agent after the termination Of
the present contract.
Article 9TH And the said Gouraud shall have two wood
made for showbills and another for hand-blls
according the places and design he iH Judge most suit
able for the purpose and the Of the said wood.cuts
shall be paid of the gross proceeds and the woodcuts
shall be and remain the property OF the Company.
Article 6th-li any more tauspareicies wood-cuts
dian above mentioned necessary the said Fauve Gou
raud for illustrating his Lectures he shall procure them
and all such things others procured thus
his enpence, shall belong him full property.
Article 7th-A the repairs occasionsd the Panetar
um by accident Of transportation, shall be paid Of the
rough proceeds But damages occasloned by fire loss
cGsioncd from the careeSsneSs Of those employed in the
transportation by the .fsen haring charge of the Pio
netarium, by power of the Company, specified para
graph 9th shall be sustained by the Company their
costs aud also all additional Complementary pieces of
machinery mechanism other that may be added to shall
be at the costs of the Company
Article sthThe said Fauve Gouraud shall take posses
Of the Panetarium, wherever be- soon after
hc signing Of the by both parties circumstance,
Will admit aud all the APPENDICES which the Company have
belonging the Planetarum shall be subject the
aud of the said Gouraud III his Lectures Astronomy.
Article 9h.-The Company shall procure the services Of
Capt. John kaver slime other COMPETENT HAND uho is
faith u aud competent take down the machine and put
up, and also collector the door, and to do all
such necessary business may be required 5 the sGd
Go"ra"d the same being reasonable equisitons And the
Company further agree to pay for the of the
SAID haver, Other person III his stead together with
his board and travelling expenses out Of their share Of the
prohts and further understood that the travel
Ing boarding and other personal expenses Of the said Gou
raud shall also be paid by him OF his share of
proceeds and that no other expenses except those concerning
specially and directly the Planearum shall any crcum
stances be charged 10 the gross proceeds.
Article 0thAud If the said Gouaud requires another
person e him along with Capt Kaver the person i'll
the stead of The said kaver further agreed the said
help person shall be engaged al The said Goraud pr
expenses aud the expense of the Company of
the proceeds But however understood that labor
ing helps such Porers commissioners runners, &c shall
be paid Of the rough proceeds when employed for the
Of the Pianeatum either By the SAID karer Gouraud
Article llth And is further agreed that the said Gou
raud shall have the programme Of his Lectures printed or
t-eoypd for such purposes may indicate suggest the
best interest of the that either for distr
button Lecture Room, &c. but that the composition OF
such printing stereotype wi not any circumstances
be at the expense Of The Company nor Shahey be paid
for out ot the gross proceeds
Article l2th-.4nd IL is also agreed that the said Eau
VEL GoURAUD shall in behalf of the Company
OUT or HIS OWN PECUSARY RESOURCES, PRELrM-
MARY EXPENSES ALL NATURES, which be required
for starting the and that Of HoN-sUccEss
IN The undertaking. the expenses thus ady anced the Com
pany SHALL De ABSOLUTELY by the SAID
FACvEI. GoURAUp
Article l3th-And the said Fauyel Gouraud shall weekly
make communicative TO the principal Agent of the Com
paay al Columbus Of such money has been received dur
ing the week and of all of proceedings attending to or
connected with the concern.
arcl. iithAnd ii Is finally understood that as soon a,
present contract and the copy bearing his signature TO
the Agent OF the Company II shah from thence and there.
eyer De edt'd and IN Jul force ruLriLMESr
OF ALL HE OBJECTS HEREIN CONTEMPLATED.
Dated at Columbus this sixteenth Of Nov. A. D. 1872
SLr.- nrrr,