The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-11
The People OF the state OF New Ysrk aQAlnse
tAc Managers Of che Art UnloM.
sUPKkhB CsvRT.--sPEcIAL TERM.

sUPkEMB CsvRT.--sPKcIAL TERM
Before Judge Edwards
Usxs-kr Ilpnt District Attorney stated that he sp
10 make aPphcutisn behalf Of The people He
read ,he sompan on which he application WAS founded
tribute by lot certain number OF paintings and works
Of art Of The value Of over twenty thoand doar In vio
alton Of The statute The plaintiffs therefore applied for
INJUNCTION to prevent such dirtrbutien and order
to cndsoste for their benefit the property Illegally
verified for disposition Mr. Blunt read tho anSdayt Of
Loheu w Bowyer describing the mode in which the dis
tribIton made ON former occasions.
MI 0Coror appeared behalf Of the defendants, and
briefly counted the history of the incorporation Of the
Art Union and the provisions Of its constitution and bye
laws In The action just bad in this In the Superior
Court the peader had set up that the Legislature wh-n
they pf the ct Of incorporation In 1874 had not any
knowledge Of s constitution Mr. 0Conor in answer TO
that a,ih.nt read tho affidavit OF Mr. r. sandiord who
bar end officers Of the institution explanatory Of its ope
raons since lite establishment and Of John X Williams
erE1avcr stating that the engraving annually given to
trsL mbtr of the Art Union than the value
Of their yearly subscription and fcvel other adavits
which had produced in the other in the spe
sia term Of The Superior Courclso the article which up
peartd in tho last Bulletin of the Art Union the Ms
tory plan and condition of the institution
The District Attorney then proceeded to state the
why the perty Of the Art Union forfeited
10 ,hc state He free to acknowledge that the in
rIaeabiy. and las numbered among its members chan
ce!srs, aud judges and legislators. lie had himself,
on one the honor Of being appointed judge at
ofthe distributions
Mr. oConor--.Iust after your election by the people
10 the Office Of District Attorney
Mr. Blnnt-Yes but before had taken the oath Of
Office greet many had been mislei. and induced in
perfect good faith to enter into this association they
did not consider it violation Of this Fundamental
Of THE State and Of the statutes passed In aid Of that
fu dam ntal law. lie would call his HOnor's attention
nr to the act Of the Session Laws Of 1874 page which
wac TN net 10 amend that of the incorporation Of the
Apollo Society On the 18th Of May 1S40 the association
FOR the promotion Of fine arts incorporated under
Maine Of the Apollo Associaton In that act there ia
nothing whatever pointing out any mode manner in
which of the property Of the society should be dis
trluted IN 1894 an act OF three sections was passed
by the Legislature altering the title Of this society to
that If the American Art Union The first section
provide the alteration Of the and the second
section which these defendants rely almost cxciu-
svely for authority to distribute these works Of art by
lot Il ia there words The distribution of the works
o. belonging the association provided for in the
constitution thereof and the annual election Of officers
shall be held on the Friday preceding the 18th Of Deeen
Der in every year instead of at the time stated in the
stand under that second section of the act Of 1884, Is
claimed the part Of these defendants that they possess
constitution, authority to distribute their works
Of art fy lot will call your Honors attention to
the constitution of the State established in 1921 The
fcycnh article section II. eaye-"Eo lottery shall
hereafter be authorized in this State and the Legislature
sIequired to laws to prevent the sale Of all lottery
tickets within this State except In lotteries already pro-
vdd for by law 1t is unnecessary to say that that
provision has been incorporated into the present sonstu
fe,Ted the court to the Revised Statutes page es6
article fourth, entitled "Of Railing aad Lotteries"
Section ~ Irovdef- No person shalt Sc, up propose
any money goods cbattels things in action, to Ike
ralsd for distributed by lot chance any person
who .ha have paid or contracted to pay, ny valuable
consideration for the chance Of obtaining such goods
things in action The second sentence of this section
provides that amy person offending shall forfeit three
times the Of money value Of the article together
with the Of ten dollars penalty &c be recovered by
and in the Of the Overseer of the Poor The first
ienence nains abs olutc prohibition the part Of
the Legislature against any person setting up or pro-
posing money goods or chattels to be rallied for
distributed ty lot or chance Section 26 Of the
Article is in these words Every lottery game or de-
vice Of chance in the nature of lottery by Whatever
time IL may be called other than such have been
authorized by law. shall be deemed unlawful and
a public nuisance Section 80. Of the same article is
in these words NO person unauthorized by special law
for that purpose. existing. shall offer for sale dis.
money goods. articles things in action any interest
therein lobe determined by lot chance, which shall
be dependent the drawing Of any authorized
thoiz'd lottery within out of this State And the
ort provides for the forfeiture to the poor of the
state q al property soiliesal!y put for distribution
and the 1t will be observed. therefore,
that the statute itelf in the first place prohibited the
tctting up or proposing any property to be distributed
ly Let or Glance any who shall pay valuable
coIs.d ration fer the chance And the peculiar phrase
oopy Of h 3ls that all property so offered
,ae distribution or disposition against tn. provisions
Of w shall be forfeited to the people of this State
well before AZ after the determination of the chance
which the sane depended 1t will be observed then. by
ret Iencc to the constitution itself that it abolishes
rather prohibits the future creation Of any lottery in
this State and also declares that the Legislature shall
pace laws TO prohibit thereafter any lottery in this State
1t excerpts certain lotteries then existing and which were
this State pu, end to all the existing lotteries
from at time 20 the present Insist all lotteries
in this state illegal and in this instance. tho pro-
prty ojtd fer disposition, ii in violation Of this law
81 must be forfeited TO the people The main question
involved in this discussion is the character Of the pro-
pos.d distribution 1t will be observed by reference
The sch, dule attached TO the complaint that the derbu
tion Is 80 be by lot The in which these dstr
buttons have heretofore taken place Is popei ont in
the affidavit Of Hr Bowyor and IL also conceded the
The laws Of the provide the
ner in which the distribution is to take place slr Ben
40 i1Ia ne
mode a dis tibuton 1t is conceded he continued that
the distribution was to b. matter of chnnceto take
place 10y lot There chance out Of about forty
members Take three hundred and ten painting to be
distributed by lot and divied among thirteen thouand
members and you have about chance out Of every
foity The remaining thirty nine entitled to nothing
20 far AZ relates TO this distribution 1t ia insisted the
other side hat they have the hority expressly grant
cd by law thus TO distribute by lot. shalt contend in
the first place, that such authority granted
either expressly or by implication
Mr.. OConor-It is better for you to understand our
points. The firt is that 1t lottery in any
sensc and never needed sancton from the Legsla
,pre the tecond TINT by any possible conservation Of
these statutes II could be considered lottery the Legs
aturc have declared their pleasure that it liz not TO be
considered
Dir Blunt-I shall take the points In that order It's
coniended the part of the deendsntsfrst that the
Art UnieB Is not lottery within the meaning Of the
OF me legislature referred to and the second point H.
that it has been authorized by law, in other words
that the Legislature has declared by the ncorporat-
ing this nsuion their pleasure that this mode Of dis
tituton should not be considered lottery within the
meaning Of the constitution Now, let the out
s how far this is within the provision of the Revised
Statutes which mo person shall up propose
any money goods chattels things in action
trtuthd by lot or chance The words in refer
the proposed distribution orr by lot or
and how the Legislature could in this I'D section make
this declaration and that these defendants could
dNeitie to the wod that they intended distribute by
lot certain property acquired by tho subscriptions Of
different members. am at lose to conceive. But by
The Goth section to which have alluded il matters
ly what name the lottery may be called 1t declares that
every Lottery game device of chance In the of
lottery, by whatever name shall be deemed unlaw-
full Mr. blunt proceeded to state tho grounds on which
he coht,nded that this institution should be regarded a.
lottery within the meaning Of the statute referred to
several authorities bearing the point ISSUE traced
the origin Of lotteries to the times the Romans when
they were contrived during the rcgn OF cieogabalu
and introduce by him into Of their saurnalias with
vitw Of aordpg amusement TO the subjects reve
nue. to the treasury and followed Its history down the
reign of Queen Anne. when for the rt time they were
treated as public nusancee in Great Britain to
their hisory in this country where they established
for the promofornof learning but where their democrat
iying effects became apparent and led to their entire sup
preston by the 3st section Of the Revised Statutes
IL oua Ia.