The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-12

artists. The works OF art which are purchased are
exhibited III gallery, which is open, not only 10
the subscribers but to tho public for the graiiiea-
ton and improvement Of the public taste. Each
member is entitled TO an engraving, and 20 the
numbers of the journal Of the association,
which are admitted 10 he an equivalent for the
amount Of the annual scrption Thus far there Is
certainly nothing Objectionable either in the acts or
objects Of the association. But, as the purpose OF
the association continued promotion of the arts
there must be new purchases, and. as necessary
consequence, there must be some periodical DISPOSE
ton made of the works which have been already
purchased; and the question arises what DISPOSE.
ion is best, having reference solely to the object
and end OF the association-the promotion Of the
fine arts ! The very which give rise 10 the
association show that works Of art do not possess .
fixed pecuniary value, which renders them -alesblc
as an article of merchau disc and il seems 20 that
there can be little doubt that the best way OF I'M
proving the public taste. and in this respect promo
ting the fine arts, is by distributing the works Of art
owned by the association amongst those who, from
lsye Of art, have been induced to contribute TO
their purchase. We think that it may be asserted,
from this statement, that every step which Is taken
from the original purchase TO the final distribution,
has reference solely to the avowcd object of the
association. There is undoubtedly, aad must
necessarily be, an inequality in the distribution,
and that inequality is the result Of lot Or chance
But can it be said that the object 81 those who
founded OF who now administer the affairs Of tho
association, or Of these who have become its mem
bers, s 70 gain reeUuiary adyantages II j clear
~ not the sole OBJECT. The interest which each
member has in the distribution. may have more o.
less Influence upon tie subscription; hut although
II may he Of tho inducements, i cannot ~ said
70 be one which makes any strong appeal % The
cupi5.ty If the pablic. Neither can Tie contingent
advantage Vi possessing Hora Ut art, which j. not
capable of being estimated hy any liked p-,uaary
standard and which i. is contempac Cd vii, be,
and, IN most instances il KEEP as an object OF In te
exercise any very corrupt IL influence upon public
morals Let Il BE- admitted. then, that ono 81 tie
dement's contemplated 10y each member III the
TINE of ms subscription, Is the chance which
he VIII Lave upon the FINAL distribution, does
y follow that this result. which is an inci-
don't rather than o priucinal object, would
der an associations in ali other respects, meri.
toroGs in its influences and PURPOSES lottery
within the snirit ana meaning Of the c5nstitufonl
Tho member who NAYS his substitution en- lose
nofbipr ii Il admitted Tint no racei1as ~ o,;,.,
leut for his money The officers AM memo .i,rs
e association cain nothine and NJ VIM NJ, ~
! Il ony demor l1f1iner ta,n,tottn !. II 80
IApos'u - - - '"'4'- - Il 80
1 ~. va" -1l'i is e"S y" os w. =" '..a'
N''i9 WIN" 'ne Vu' '~i'' ""e =, ~ -. Ill.
Fel' "g u'' eNisl ply l"s t' SUI tu"I tnc u.attl
- ~ - " !, =, ~ - I'LL,
ot's i l0lteTS "lthh we l.sI, ~ ny
Ni,AiA the slhAt 81 Tue constitution. mere 'ne
thlnS 20 be prevented = particularly aescrioed,
cases may allse Wnch Nltho4 gh tney me not Wltlm
the spirit, arc within the letter Of the law Bat
Where the question arises. rs IN TINS case,
ulon single word, which Is undehned N the
instrument ~ Wmeh u y used, the spirt, a,
IN other words, the meaning anu the letter,
must be the same. But il is said that
should take the definition II photographers.
That would rot be very safe rule To adop. IN nil
cases. The definition of the word usury, given
III the standard dictionaries i, money paid for
the use Of money" but il would not be c0ntendcJ
tLat such is the meaning which would be attached
10 il il used in legal sense. At the time that the
constitution was established. art unions we're un-
known in this country. They were introduced for
the sole object 81 encouraging art--they have been
administered and counenanced in the most civilized
and enlightened portions Of he world, by men emf
rcnt in their social position aud distinguished for
the purity OF their liyes-they have never rs far a.
we are aware either exercised or been supposed to
exercise corruptng influence xpon public morals:
they were lot devised for the PURPOSE nor rita the
intent 81 violating either the letter OF spirit OF any
lottery or gaming act and rs we think tncy have
meme ofth6se essential elements 81 mischief which
led t. the provision contained in the constitution;
and, when conducted upon the principles upon
which it is admitted that the American IN: Union
has been conducted. they are not lotteries within
tie spirit and meaning, nor within the lester If
the constitution, or If ans statute u this state
Dut il said that this association has violate hat
provision 81 the statute winch declares that IL
person shall sct up propose any money, goods.
chatcs. Of things IN action, T. BE- rallied lr t.
We distributed ~ ot ~ chan'c. - any person who
shall have phid, ~ Contracted - pay. auy valuable
Consideration 1ol thc chance 81 ob,ainmg slcl mo-
hey. goods. Or Things - action, - It j : 90,
sec * ms PROVISION q The stasute Wa cyl eu'iy
ltt'heu 70 WI y ~ I'M species ~ sRming which -
hAt0'i- 80 'ii'iS - ~ INi'h'4 VIZ ''4Sls
NoleS or cDates - De dstributed by ~. o. chance
amongst persons VINO pay Tor me chance 81 obtain
lhs NE speclhc sum q money " the spsciLe chtt-
teis WAich az oaeicd, lhcIe must DC sum u mo.
ncy, chaitei or thng ~ action, set ~ Or proposed
by one OF more persons 10 oihcr persons who, the
words VI INC statute. shali nave pad or contracted
70 pay valuable CONSIDERATION ilr The cnance 81 OBJ
tanning such money, &e. IN the case before u,
the Wprhs u mt winch afe 70 be Distributed were
not proposed or set up NJ the time that the menbers
pad Their subscription. - that time they could
not pc proposed or sct up V was then matter 81
uncertainty a. 10 Nna' "outa' ~ any event. PC dis
.roI'cd. me conclusion 70 wnlen "e nave arrived
=: un1 'hc ahSllcai' Az hion' ~ " alhla US
ulnulon " "oIAs ~ Ut, 4oes ny Nioi'e eitner inc
coIsti'n'lon y lNMs - thls 9tdte, ana lnas Jug
l'ht shouu De given lor the dcieha'hts IN o9tn "
4 'he suns
p, ~, ToI", 81 ~. d6o t,imr,,7" ~ I"t,d-
* -" ~ X nn -'fHS l'n"s , . y, Saae
.0Acll Nv, ~ u'loi y 'le Att
Niyn' "ooi,'u ~ si, ~ tno socic'! W y
iuleh"Se ~ nph9 = az DC lDl $50 Z, ~ tied
suib "ouiu "nIf"n'; "il'n. y inc 1nnual nlcctlns
~ pe'.lIoti VIZ - pctohic, w ~, l4S property