New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-24

I
law could alter an association IN tue civilized world
any association encouraging particular art. or
fostering particular science or atvaactngs par
uculaI religion, particularly with vie y To a1vance
the refinement and cultivation OF the human family
ask have not all such institutions the night to axe
sale OF their own property as they chDose-wnere
they have property ana great deai OF property In
special cases, allowed BY the State or by their
bylaws, TO protect these Institutions, there may
arse some questions as to night or ownership, out
as to night TO acquire the privilege Of membership
no such power provision exists IN relation to any
such society; James Gordon Bennett mas Rol man
aged and could not 50 manage as TO acquire right
Of membership for all his night is superseded, and
1t Is impossible that he could. My learned friend
has attempted to argue IN support OF such authority
asTefers TO sale properly He has sought 20 establish
common Law of that kind. because ne finds that
some charters have not as full provisions others,
the common law, which Is contended for. We fnf
the total absence Of legislation upon at all times
cord, OF our judicial Proceedings OF any kind, where
we ind any instance OF man enceavoring to make
himself a member contrary to the established rules
and laws of such societies.
Courf-Read any provision in this law prescribing
members
Mr.. OConor-I can point your attention to the Bi.
BILE Societies, where some become members for
twelve months and some for life II he presents him
self and forces TO become life member. he is re-
sisted at once BY the proper officer. | speak how.
ever OF the general fact and | would ask your
Honor, suppose notorious coun.erfeiter came down
from the State Prison add wanted get In in this
way, would he be allowed to come in and exercise
all the privileges OF membership IN common with the
other members connected with such society 1t
could not be for moment contended for. Now this
Society has large number OF female members, so
that the names OF all those ladies ars published far
and near. Suppose woman, notorious Tor hiso i'm,
nOralities, was to the Secretary ans wanted
to get in, and he snOuid refuse-and am informed
that there have been some Tefusals-what po yer
could get her In know lot why soma persons of
a class OF this kind should go to \ B.ole Society,
and endeavor to become oftheir class, by giving
money, and attaching themselves 10 this way. Mr..
O'C. here called the attention OF his Honor to the
amended Charter Of the Society, and that section
empOw eYiDg the Secretary to Call meetings, which
he read at length. He also read the different
amended sections, and showed the analogy OF the
provisions of the Constitution to Bible Societies par
ticulaily in relation to the admission OF members.
The officers had authority In these admissions
to exercise sound observation-disclosures were
no restrictions placed upon them, or that
was to prevent him from setting up his
power against those who would disturb the
peace OF their society They ensrust these duties
to the proper officer, with power and authority TO
refuse admission for II most rarely indeed happens
that any gentleman would intrude himself In any
society, when his designs are to ihJure and not TO
promote the objects OF such society. Nov, we find
that man can subscribe without the assent OF the
officer and when an individual does subscribe he
becomes member, and his privileges are such as
belong to the membership of scientific association
Are his heirs by the Dozen or his executors, TO be
allowed TO exercise the privileges Of membership
If his dozen executors attended meeting, would
they all, consequence have the privilege to exer
else the right of votng'
Cout-Could proceedings against these parties be
transferred to a receiverl
leges that are given must belong TO members. II
can't pass to bankruptcy. ILaughIer] The seaerai
interest of probably so or 100 Is involved.
Mr.. Sandford-There were not many subscribers
at that time.
Mr.. OConor-That has nothing to do withh The
constitution and bylaws are understood to be the
principal governing power BY which we ind that
this is purely personal matter shall not dwell,
however. any longer on this point
Court-How 10 IL in relation to the clause the in
sttulion wae broken upl
Mr.. OCenor-There Is none.
Mr.. Sandtord-There is Article in the present
Constitution.
Co,~t-If the subscription had not been paid, then
a party ceases TO be member.
mfr. OConor-The distinction is not, II Hoe had
not been q member, BY not having paid the last year.
MI orc here called the attention Of the Court TO the
fact that Mr. Blunt had another proceeding In this
case pending before the Supreme Court-a proceed
Ing which he was carrying on against MS osn opia.
ION TOO, but which he was called upon to take by
Judge Tillou. Arguing agaiDs. his own opinion
Of right he can't be very potent advocate for Ben
nss sies Of .ns 81 caing 70 Ss
aid Benefits counsel. fRenewed iaughser1 Inc
case, however, is to go TO the Special Term and
may consider myself also arguing MI Biunts case
here as well as my own, and this brings me to the
question. Is the Art Union lottery In the full den.
Eiuon of the term gaming and IN all It's force ana
M plca alton under the State Constitution sup
pose 1t Is IN the State Constitution because the
State Constitution prohibits, and Is intended TO pro-
hibt, the we'll known vice Of gaming. Is draws ths
distinction In reference only 20 this vice, which IS
pt inlcions To the community. MI OC. here referred
TO Acts of 1871 1888 anu 1870 pointing the attention
of the Court TO such sections therein rs were appii
cable to his argument and concerning that they mad
reference to public gambling and by no means could
apply to auch institution as was intended to pro-
mote Science and the Arts He then took cursoy
view OF the origin and early history OF gambling,
citing variety Of authorities IN support OF his po-
siuon. Gambling was introduced In England 50
far back as 1867, and was Iesula;sd oy
tuIy and IN the reign Of Anne, III 1909 1t was
projected subsequently with q new 10 derive froa
il tax for the support OF Government, and Tor loo
years up to 1891 V was recognized IN this state IL
was before this got up for purposes OF local or per-
soual character, ana those who kept 1t In operation
drew men to II through the slitsenns prizes taas
they saw beneath The system was particularly
dtmoIaizing and degrading in its character, and
particularly to our legislators as well az our Lac.
gslatures. 1t was then abolished, but they aid not
single act had been passed save IN reference 70 THIS
public oiense OF gaming, and in 1884 England asoi-
| ished IL. and France subsequently. England fol-
lowed US in 1920, and In this the phrase Muscular
sociss. IN point of construction 10 good
Mr. orc took occasion next TO refer 10 great
variety OF cases from authorities In South Carolina
in Virginia, and other parts OF the Union sne sins
the Distinction be,weea the statutes In relation to
| gambling all the present constitution Of the Ar
Union, and WELT to say, that such an institution
vas in operation in London-countenanced oy such
| men as Lord Morpeth and other eminent English
men That distins uished Irish Juris.s Lords Plum
kett Burke, Black, Curan Judge Pennefashsr, risot
| OCobnsi, Smith and others, had all coaateaanced
this institution, as coptadisnn guished from gam
bling An act was passed, however, in lsi6, pro-
hlbiiins hs by the British PsIliament some opinions
| being opposed 10 its eXisteEce-the principal one
| beng Sergeant TafouId. He next referred to tbs
Revised Statutes, where samoiins aud railID are
| defined. IL the Art Union wished to le! out their
| windows from their establishment on some day
| OF public procession, and that the best seat
| vas secured by lot, the purchaser, having
| acquired what the Law calls usufructuaIy,
interest," he has power 10 dispose OF thai for the time
being but then he could no. claim membership.
| Mir. OConor went on TO illustrate his argument by
the introduction Of several very appropriate refer
ences to Law authorities. and would ask the opposite
side # such principle as they had commended for
were the recognized law. How could family pic,