The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-12-18

The Art Union Lottery.
TO TIE EDITOR OF I'VE HERAL D

TIE EDITOR OF
he time is approaching when the property of
this Incorporation, consisting Of engravings and oil
paintings, in costly frames which have been pur-
chased by them, are to be distributed among the
subscribers by lottery-a chances and that the wheel
OF fortune Is to be put upon stage or platform Gas
Was formerly done by the managers of lotteries in
the Park, and the numbers put therein by two
parties called "scrutnizers, under scheme devised
as to what drawing numbers should be entitled to
the highest prizes When the tickets, or numbers,
thus deposited In the Wheel the drawing Is to be
presided over by the Mayors Of the cities Of New
York and Brooklyn, and the prizes distributed by
two distinguished and wealthy citizens. This lot
tery is to take place in the presence Of what are
called subscribers, who hold each q certif safe,
ticket, duly numbered, and who will assemble I'M
der oil the excitement and esgerness Of hope and
fear, which at all times characterize all gambling
transactions.
There is, no doubt, large majority of our oit.
reDs who, from the imposing array OF names,
comprising our most respectable and influential
members Of the community, including, also,
some Of our high officials, are under the
impression that this annual distribution-by
Art Unisn, is not lottery, and that L is con-
Quoted under authority Of Law, and does not conflict
with the constitution and statute laws Of the State
and hence they purchase annually, under the
specious garb Of subscribers shares tickets,
which offered for sale at the various depou or
agencies Of tho Incorporation IL is needless to add
that the iDducement to do this is net so much the
encouragement Of the fine arts as 1t is the hope Of
the number Of their ticket may come out Of the
wheel Of fortune, and enttle them to valuable oil
painting, with gorgeous frame-which they could
cell for from $500 TO t1,000-which was offered
for or two, which was thus drawn BY o for
tunse share holder at Of their recent drawings
Our citizens are also under the impress that
the charter Of the Art Union authorizes this distr-
button by lottery-an opinion which has been indus
triously circulated and generally believed. Now
although Il is true that our laws are net like those
Of Calgula-placed so nigh that the people could
not read them-yet most Of them, from the neces
sty Of the case, are unacquainted with mass Of the
laws Of the State, which do not Immediately affect
or conflict with their interests or pursuits II Is
only necessary, therefore, to show law-abiding
people that not only this scheme oflottery adopted
by the managers OF the Art Union, openly and
clearly violates the constitution Of this State and
the statutory pro visions passed in pursuance thereof
bat that they have forfeited their charter and sub
ected themselves TO the penalties and action Of the
constituted authorities
BY the consultation Of ISL, and the present one
Of 1876, all lotteries forever prohibited in this
state At the adoption Of the first named, there
were several lottery grants which could not be In
erfered with until tho period for which thos, grants
we're given had cxpired but no new grants could be
made, Of any kind These statutory provisions viii
be found In the first and succeeding editions OF our
Revised Statutes, under the head Of 4" Railing and
Lotteries" Section % OF article provides that ono
person shall set up or propose any money, goods
cbatels or things In action, to DO raed for, or to
nc distributed BY lot or chance, to any person who
shall have paid contracted 10 pay, any valuable
consideration for the chance ~ obtaining such
money, goods, or things, in action
SEQ. 2.-No person shall rsfie for any sum Of
money, goods, or things in action or become inte
rested in TIC distribution Of any money, goods
things in action, by lot or chance.
sec H-Makes all contracts, agreements and
securities made or executed for or on account Of
any rattle or distribution Of money, goods, or things
| IN action, 60, in consideration Of a chance in
suchraie or disirib uton, for the delivery Of any
mtney, goods, 60, to DO rallied for or TO be distr
buted, utterly void.
sec. 2j-Provid,s that any person who shall have
paid any money, goods, SO, FOR chance or interest
such radls or distribution, may sue for and 10
cover the same
Hence every subscriber who has paid o. for a
nance In the Art Union lottery, can recover the
.piDe back from the Incorporation.
SEQ 25-Proyidos that any lottery, game, or
iovce Of chsnoe in tho nature Of lottery, by what
,vcr name IL may be called, shall DO deemed unlaw
ul, ard a common and public nuisance.
Sec. H-No person. &c shall, within this state
oien, Get On foot carry %, promote, or draw pub