The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-10
CUMMING OF THE Art UNION NDIcrHMf'


lid
NpaorMKrr QUAsHEp-JUpiciAL pAcisioS On the
ILLr0ALrrY OF THE ART UNION.
49, % tn. above named members Of the Court
49,. ..on the motion to quash this indictment was
rvucd last term having taken their seats this morning
80 Recorder delivered the following
OPINION.
The indictment in this for libel alleged to have
b.eu printed and published by Mr.. Bennett, in the NEw
,ncsninc twcntyone persons (who arr sevsray named
in the ndctmcntl and their acts and doings
ee Of Management and Directors OF the American Ant
Union The alleged libel l. averred to be entitled The
Art Union Lottery Distribution Postponed" and
tanning in part matters IN substance and to the effect
following
ing. indefinitely postponed We not at all surprised
@ ,s sS Is
their y to the &".sys and
aud the commercial dsresse Of the country This statement
And in another part matters in substance and to the
effect following
5s s4 sssy are ss
f s s, Are they Of The
ss and 81 1r nS Sa sss S
as applied daily ssotoo
purpose Of the institution perhaps this the
% IL al mi but ri. rs
the many why the public confidence particularly
Why will h finally unless new board Of directors
DC elected and an entire revolution effected in its
Introductory the statement of the libel are averments
Of extrnc matter in substance three the
legislature by which the institution became and is BODY
orrors.c by which it is enacted that the business OF
the institution should be conducted by u Committee of
Management consist Of twenty members pro
;cson artists to be chosen at the annual meeting
ter the passing the first act to DE divided into classes &c.
snd by which acts power given to the commit
fee 10 make slSh constitution bylaws and regulations
they should judge proper among ether things for the
election Of officers the admission OF new members ana Tor
regulating the annual Of contribution towards the
fund and they direct that the distribution OF the works
Of rrt belonging to the association provided for In the
contribution thereof shall be made the Friday pre-
ceding the 25 Of December in each year The introduce
tory avermeuts further among other things in sub
stance that a Committee Managers. of twenty-one
members pursuant the acts chosen and that the
committee. Dec a. 1877 made constitution and tho
bylaw by which constitution declared that every
subscriber Of five dollars per ani'un should be
member ard after payment thereof should he entitled to
s the privileges of membership for the residue of the
lcnar year that the net funds Of the institution should
be appied-drs to the purchase or production Of fine
epgravngs other works Of American art, annually
for each year pecvcy and second to the purchase
production OF works OF American art principally paint
ings to be distributed publicly at the annual meeting
smone al the members for the by lot each member
having share for every five dollars paid by him That
after the passage Of the aws and the choice Of the
nec ard after the constitution and by laws made
the twentyone persons they all nane) concerning
whom the LIBEL ia alleged TO hare been made chosen.
Of the Of the publication were the Committee OF
Managers who chose Of their number presdent and
another .essurSr and five others the executive commit
tee; that they the said twentyone persons became AMI
were then the directors and that there then
other directors That Mr.. Bennett, in printing and
publishing the alleged libel by the terms The Di-
rtctor meeDt and intended the said twcnty-on per-
sons (who named severay in the indctment), and
intended should be understood by the members Of
before the printing and publication very many persons
became and for the year 1851 subscribers and
ber ad paid five dollars each TO the fund for that year
and such members entitled to all the privileges
membership for that year pursuant to the acts Of the
Legislature the constitution and bylaws that among
other things. they entitled each to Gstributve
shSrc Of other OF American art
and TO distribution bye,, Of other American works Of
art principally paintings; that by tho subscriptions
and y1nens Fifty thousand dollars and rising came in
70 the hands OF the treasurer under the direction regu
ation and control OF the same persons-hc
committee OF mnnagement-for the benefit Of the in
stitutior. 20 be disburse1 should be directed by
that committee and the executive committee to be ap
piled anoDg other things to the purchase of fine
cravings and paintings, to be distributed at the an
nuai meeting OF the association. for the year 1851
among oil the members Of thet year az before stated
After the peennent Of the introductory matter, the
Two parts of the alleged libel with various nnuerdoes
printed published by the licensed of and concerning
the said twt mtg one persons named ii The indictment
SET forth AD application in behalf OF the defendant
is made 10 quss the Indictment for defects appearing
it, face. gh, is application. though not usually
granted unice in cicar and for material defects
yet, which rests IN Ao discretion Of the court (The
People rcfCrd Cowcn 535 Ey the Indictment, ].
should appear lhlt TIE alleged libel is malicious dcia
nstics ionde public ~ printing and public tending
bc,en tho reputation OF the persons Of and
ing whom the libel is alleged 10 have been published (,
expose them to public hatred, contempt. riicule
(Koot vs. King Cowen el3); mat It tends 10 breacl
of the pubic peace Gic 253); that it may reasonably
be considered US provoking 10 such breach (iolt. 2&
that il il reflection upon particular person per
Summer Buel IL Johnson Az; ard malice is
the essence of The offence (Wharton, 53i. If III libel
ious matter lie not dtct but only bolou by ausion
reference the fact understood must be stated by intro
duction, and must be pointed az by explanatory
fnnuepdoes When the statement Of ex;rinsic fact
is necessary 10 render the libel nte ibe show its
lbelous qualities such extrinsic fact must be averred
70 the nc part Of sns n h but where
thing which has preceded it. an inundo used (Whar
ton 54e Such allegations parts and qualities Of tho
Libel, and when stated II IL necessary to prove them
Iot 253) Tho Office Of the inuendo il to point to thu
Introductory matter and give the meaning deIivab
from the avcrments there made; but it neither sdc
TO CT enlarge the beyond what such averncnt!
viii warrant. Tyler agt. Iilotson bill, 6o1 ]
inc spp I - upon sevefi gIounds ono o. winct
to In the indictment taken in connection with the pro-
ceedngs bad under them, which evidenced the purpose
for which they obtained, and which material
parts Of the indictment for the sole purpose
timing object which unconstitutional and legs
and that this portion Of the indictment could
made 70 sustain any proceedings in court OF justice
ON referring TO these laws 1t appears that the first act.
n y sa9 Ssse page ~ q @ws o. .n"'
motion Of the Fine Arts The second act passed January
aMh ls4s lses page Of laws Of that year not only
the distribution Of the works Of belonging It PRO
rided or tie constitution thereof should be made day
in each year therein dcignated What constitution
thus briefly referred to- and in accordance with til,
provision Of which the distribution is directed b,
that Of December 90 isl7 IL stated in thndctraent
Passing the invalidity, for want Of roosonab,
certainty, ~ this portion II the statute Of 1874 it b.
presumed that the begnture in passing hat act cou
not have Mt 10 recognise any constitution of the
poration. except such as in al respects was lawful Tn
third act passed November 10Th, 1871 substituted !,
place Of the like sections II tie previous act the second
third ard fourth sections Of the list act and auth4zct
the association TO acquire bold purchae mortgage
sell real personal estate and provided for the conduct
Of its business by committee Of twentyone managers
and by certain officers to be chosen with powers and d.
ties stated IN the indie having been provided
~ the tycc dcs; the indictment crroneous!y alleging
that thee provisions were made o. ne three acts in
GLIDING that for the choice Of managers at the an
Drni meeting, neat gfie he fSt oct and the direction
only ire second for the disribution 81 works 81
art provided for in tho constitution Of the corporation
by the indictment il appears that December 20th
1917 alter The pasage OF the three laws above mentioned
constitution and the bylaws of the corporation were
made by Tic committee q management, previously
chosen IN conformity with the actsiy which con
sftution. sncrg other hnge II l. provided that The net
proceeds OF the institution shall be appbod-hrst to thu
Durchaee nrnhuctinn Of lne cnnnYinrA or al lnl