The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-23

in the state Of New York, in the year 1874, BY
twcthird vote, entitled An act TO amend the act,
motion OF the fne arts" passed May 7th 1910. it
was enacted that the name Of the Apollo Associa-
tion for the promotion Of the fine arts in the United
States, was thereby changed to the American Art
Union and that the distribution of the works of art
belonging to the said association provided for in the
constitution thereof, and the annual election of OH
should be held on the Friday preceding the 18th
day Of December in each year, instead OF the timo
stated in the fourth section of the act thereby
amended and that that act should take effect imme-
dately. The plaintiff shows to the court upon in
formation and belief that the constitution OF said
association which was in existence at the date Of the
passage Of said act, was the constitution above
toned, and that the mode Of distribution provided
for and practised under said constitution, was by
lottery, and conducted in the manner herein before
set forth in that behalf. That said constitution was
not exhibited to the Legislature, nor was it in any
manner communicated to them, BEFORE or at the
time of passing said act. that the mode Of distrbu
ton, well as actual distribution of works of
art belonging to said association which were coverty
sought to be authorized sanctioned by said last
mentioned act, were to be by lottery, or by means
Of lot chance among few of the members Of the
said association, at the expense of the large majo-
rity of said members. That, plaintiff is informed
and believes much of said last mentioned act as
provides that the distribution of works of art be-
longing to said association, provided for in the
stitution thereof should be had on the Friday pre-
| cedng the 25th day Of December in each year,
imperative and void for uncertainty That if said
renee to- and its adoption of the mode of distrbu-
ton provided in said constitution, then such provi
| sion was void, because the constitution of
| the state of New York, then in force, in
the eleventh section of the seventh article thereof
| expressly prohibited the Legislature from author
izng any lottery in this State, and the act passed.
taken in connection with the constitution of said
association, therein referred to, was an attempt by
| the Legislature to authorize lottery of works Of
art within this State. That by another act of tho
Legislature, Of the State Of New York, passed at a
| session of the Legislature held at Albany in the
State Of New York, in the year 1877, entitled San
| Act further to amend the act to incorporate the
Apollo Association for the promotion ofthe fine arts
passed May Z. $780, it was enacted that the second
section OF the act entitled act to incorporate the
Apollo Association for the promotion Of the fine arts
passed May Z 1910, thereby amended so as to
read ADMINISTRATION 2.--The corporation here
| by created may acquire, hold, purchase mortgage
and sell real and personal estate, but the whole
income OF such real and personal estate shall not
exceed $40 000 That the third section of the said
act was thereby amended as to read rs follows:-
| Section 3.-The business of the said corporation
| shall be conducted by Committee Of Management.
to consist of twentyone members, who arc not pro-
fessional artists who shall be chosen at the annual
meeting OF the association, as follows-At the next
| annual meeting there shall be chosen twenty-onc
| members Of such committee who shall be inme-
diately divided by lot into three equal classes and
the first class shall hold one year, the second class
| two years and the third class three years. and
| thereafter shall be chosen annually to hold
for three yeurs, and till others are chosen to fill
| their places. The committee of management shall
have power to make, from time to time, such con-
stitution, bye laws, and regulations, they shall
judge proper for the election of officers, for prescrb
| ing their respective functions and the mode Of dis
| charging the same, for the admission of mem
bers into the said association for the government of
the officers and members thereof for regulating the
| annual rate of contributions towards the funds
thereof for appointing the times and places Of meet
| ing OF said association, and of the committee Of
management, and for suspending and expelling such
officers and members shall neglect or refuse 10
comply with the constitution, bye laws, and regula
tons: That the fourth section of the said act
thereby amended so as TO read as ADMINISTRATION
1.-The officers OF said association shall be Pre-
| sdent, Corresponding Secretary, Recording
/ Secretary. and Treasurer, who shall be chosen
| by and from the Committee of Management, an
| nually and such other officers and agents rs
| the Committee of Management may fit to APP
| point employ. and in case a vacancy in the Off
| GERS or Committee of Management shall take place
between the annual meetings, the same may be
| filed by the Committee of Management at any re-
gular meeting of said committee, and the person or
persons so chosen, shall continue in Office, until the
next annual election. or until Others are chosen in
their places, and that that act should take effect
| Immediately. That the said last mentioned act,
| has never been modified, amended, or repealed by
| the Legislature. and the from the time of the
passage thereof has always been and still is in full
orce and effect That after the passing of the said
last mentioned act, and at the next annual meeting
of the said associations held on the 10th day of De-
| oember, 1917, Committee of Management con-
Sisting of twenty-one members, who were not pro-
iessional artists, and whose to the plaintiff
unknown, were duly chosen, and the members of the
| SAID committee were Immediately divided by lot
INTO three equal classes. That the said committee
50 chosen last aforesaid, did, the said Goth day
OF December. 1871 make constitution for the pui-
poses in the said last mentioned act. That in and
! by the constitution made last aforesaid it was
and is provided and declared among other things to
| the tenor and effect following. that is to say:
| That every subscriber Of five dollars or more per
| annu,n. should be q member Of the said American
vi yfnn md.
entitled to all the privileges Of membership for the
residue Of the calendar year. and that there should be
= stated meeting of the members the Friday
evening next before Christmas at snch place as the
| Committee OF Management should direct. to be
called the annual meeting of the association. when
the distribution OF the works of art and the election
| OF the members OF the Committee OF Manager
| should take place, and that the Committee of
| Management then and there elected, should meet on
| the Monday evening next after such annual meeting,
| and then and there choose from their number the
| officers Of the said association for the wear then
next. and that the real and personal property OF the
association should be under the care of and subject
| to the disposal o! the Committee of Manae cement for
| the time being. and should be held BY .uch
| mittee for the benefit of the said association, and
| that TIE net funds of the said association
should be applied first to the purchase OF production
Of line englavings. OF other works Of American art
annually, which should be distributed equally TO all
the members for each year. respectively: and second
~. 10 the purchase or production of works of Ame
rcan art. principally paintings. TO be distributed
lupleiy NJ the amman meeting Of the said associ
alton. among the members for the current wear by
| lot-hat each member should have one share for
| every sum Of i've dollars paid by hal-and that the
| purchase. production. and time and mode of dstri
button OF the said works Of art, should be under the
| direction, regulation. and control Of the Committee
| Of Management for the time being-and that the
real and personal property OF the institution should
lie under tue care and subject 10 the disposal o the
committee OF Management, for the benefit Of the
institution, and any dissolution Of the institution
after paying All its debts, the whole remaining pro-
rerty should be distributed among the persons who
should be members at the tine OF such dissolution
| m proportion TO the amount Heretofore paid by
| them respectively to the finds Of the institution
That afterwards: and on the 22d day Of December
| 1913. an annual meeting Of the said association
held NJ the Tabernacle. in the city Of New York.
| which said meeting, certain seven pcrsons-whos
names to the plaintiff unknown. all Of the said
city OF New ork. and neither Of them being pro