The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-12
GIT Y NJ E w S I.
THE An ERICAN ART UNION
Declared Illegal and Unconstitutional.
supreme Court-Generai Term.

~ Ihe AnaiCdn -4Yt Uni0n-1hc Governors Of
hs Ahnshoasc =. The SdmC.-Edwards, Justice
The parties in each Of the above entitled
suits have agreed upon state of facts, which
they have embodied in case, made in ac-
cordance with the provisions Of the Code OF
Procedure, for the purpose of obtaining adudi-
cation Of the question, whether the association,
kr own as the American Art Union, has violated any
OF The laws, or incurred any Of the foreitures I'M
posed by the statutes Of this state. The material
facts which are contained in the case are that m
the year 1859 voluntary association, called the
Apollo Association, was formed IN the city 81 New
York for the promotion Of the fine arts IN the United
Rtates ON the seventh day OF May, 1910, this as
socation incorporated by act Of the legisla
trrc of the state of New FORK, which provided that
the persons therein named and such other persons
there were, or might thereafter become, asso-
eiatsd with them. were constituted body corporate
by She name otthe Apollo Association, for the pur-
pose Of the promotion Of the fine arts within the
United States. The act further provided that the
association should have power to make, from time
10 time. such a constitution. and such bylaws
and regulations. as they should judge proper for
the election Of officers for prescribing their respec
tive functions, and the mode Of discharging Thorn
for the government Of the officers and members
thereof; aud for regulating the annualrate OF
tibuuons towards the funds thereof IL also pro-
fioed thai thc ohcers 81 the association should
sist. amongst others, 81 Committee of Management
81 hittth atnbgls, not professional artists Suisse
qucrty 70 tle passage If this and Ill pursuance
oats provisions, tho association framed i constitt-
mon. winch declared thui tile Committee OF Mana
nert SHOULD have ID charge the general supervision
ahc, management II the interests and affairs OF the
sscclailau, aud IL Mas provide Tint they should
nFchhsc sucL works Of mt executed by artists III
We nitca states, or ~ American Artists abroad,
=. hey might ihirk worthy ~ selection, aud
az tho fta'c ~ the treasury should warrant.
The constitution also provided that the flad
'aued " annual subscription should be appropro tea
orotf lEc injection Of the Committee cf Manage.
mont io deilatiug the necessary exSenses &C the s
'oeaiion to The purchasing Of the works Of art md
~ "cht! ing 'he expense OF publishing annually IN
.
was iur'h,r provided that every subscrit r - Gyo
more per annum, shout - n,an,barnf
sbe association. any sloul. % entitled 10 tie pri.
yiegs Il membylship, and thai al the annual meet
ing Of the assqe!a ION. The works Of art purchased
during the year should become. 10y lot, p oily de
teTmiucd the property of individual mep RS. each
msmher being entitled 70 chance i"
such distribution for each five dollars b
scrilcd and paid, The association also
code ~ bylaws which amongst other
for the management OF the affairs of tn ol,
contained provision to the manneI iol the
works OF art shoull be distributed. On DE twenty
ninth duy Of january, 1874, an amended act was
passed ~ which the name Of the Apollo Assoc
c,ation for the Promotion or the Fine Arts in
the lnitcd states, was changed to the American
Ait Union; and 1t enacted that the distribution
OF works q nrt belonging TO the associations pro-
ydCd Tor "A the constitution thereof should be held
OF the Friday preceding the twenty-Gfth day OF
December N each year, instead Of the time
stated al the fourth section Of the original act
These are the provisions of the act of incorpo.
ration, ana Of The constitution and bylaws, which
il i essential 10 allude to for the purpose OF
considering the questions which are presented to
ns tyr adjudication. Amongst the admitted
Rcts IT the ease, il appears that each member
cf the association i entitled To receive an orgi-
nal engraving nom an American painting. 70
getber with some other similar works OF arr,
aud j. also entitled 10 receive the numbers or
the buHain n he Anoicaa Iii Inio,t, which
- journal published under the direction Of
tkc ASSOCIATION II further appears that the gale
ries oithc association are M all suitable times open
g. the public: aud II l. admitted that the members
Of the association have ~ an times profcssed 10 ~
Actuattd Il, a laudable desire IL promote ana en.
courage he the arts in making their subsor,psioas
and Ill paiteilaiiur In the operatioDs ana in the
eN,rl Ifislll 90 II the Usso.sutuu including the
bauces IT drawn i pictures hy lot m Tie annual
sis'rhutiors !, i also admitted that i las been
the understanding IT the association that persons
drawing picture, Ht sGcl distribution, intended
keep them for tie onioymeut and instruction OF
th,ust Nes and their families bat that there never
has been any rule, regulation contract, establish
"a or made ~ TIE o5iat.on, restraining the
or deposition ~ thc picture, drawn, prevent
he dlstrihu ion from orclatii to vest the pictures
the sole aud absolute property OF the members
Iawiug tbcm. Upo, this STATE OF facts three qucs
lions alc Irescnttd: iirst-ls the mode of dis,rbu-
mon thowu by he case. . lottery within the meaning
81 the constitution Of 1921 Second If not lot
terry within the meaning and intent OF the constitu
ton, i the mode Of distribution a violation Of the
general law entitled . OF Rafting and Lotteries"
Art :, Jltlc >, Clap. ~, Fart ~ the Revised
statutes, " or u any Of the sections thercof!'
Third, u within tie latter, and not within the for
mer, arr the defendants authorized, by any special
OF other aw for that purpose. 70 distribute property
m the manner pointed out in the case The consti-
tuition ~ ISL provides that " No lottery shall here
alter - authoIzrd IL this state; and the Legisa-
tlfc shall Iaas laws t. prevent the sale 81 Al ote-
ny tickets within the state. except in lotteries
aheady DIVIDED Tor ny law -tConst. 1871, Art
Z, : II II VIII he seen. BY reference 70 the sta
tutes Mbh existed previous 70 The adoption Of the
constitution. that the Legislature had passed gene
other