The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-01
The American Art Union f4ottery IntlIct ted
Its FMst Public DeRua citation.

1t has beer enormously conceived tina the pro-
,,edngs at present pending in the courts of law
End OF Justice too, this city, the first in
ri hich the immoral and illegal character of the Art
Union Lottery Association denounced. This,
il lwever, is MIR More than year ago it's de-
n ,ralfzng tsaancies and its unce Institutional ex-
stence we've officially III ne out by the grand jury
< enc of the caspties OF this State The American
Ar; Union is palpably al variaGcc with sound
moral principles and sta utory provisions, that one
might have tho,sst tbatt needed bat to be brought
under judicial c,y,sn5xaaN. to effect it's dissolution
and to enforce against It ae p, naliies provided for
the violation of the gambling and lottery laws.
But {. would seem that al. ,gal aeumen and
healthy intellect of SOME G Ia Vyers and judges
have bacome so obtuss that they cannot compre-
bend tho plain and simple fact VIII, IN placed before
them, and have not yet he,n ablel to solve that
great enigma" Is lottery a lester Y, or is lot
terry not a lottery"
But rs q somewhat remarkable co utrast to the
deficiency in legal acuteness and commol intelligence
NANTES ed hT our Bunsbys of the bench and bar,
point with pleasure and satisfaction to the lucid,
saanly, compress ensive, and common SEN V view of
The subject takes by the Grand Jury of IL e county
Of Rensselaer,, in this State, so long ago Febru-
airy, 1851. This body, struck with the fac Of the
great increase Of gambling and lottery asso Citations
within their jurisdiction, and which they say from
personal observation operating most perni-
ciously in the community, discussed the materi ses
sion. thoagh not fcially brought under heir
consideration The debate resulted in the adop lion
and publication of the following presentmen, VIII ch
we heartily recommend to the perusal and study OF
some of the members of the legal profession
this city, particularly to Mr.. O'Conor, who in the
month Of January was of opinion that the Art
Union was illegal but in March comes to the con-
clusion that it was both legal and constitutional
This is the document
The Grand Jury of the county of Rensselaer, before
closing their labors the session deem to be
their duty to make public prescntment of an evil of
great and growing magnitude. and which they are in
formed is practised in many parts OF the county to
alarming extent They alude to species of gambling
by lotteries the odum attached to which by both the law
and the moral attempted TO be palated by the
modern appelation of Art Union. Although COM
plant the subject has been formally made before the
Grand jury they are however informed that this species
gaming by setting up all kinds OF goods and property
be distributed by lot chance among the purchasers
of tickets. is daily and nightly practised in the city and
neghborng villages with holiness that makes ef
fort concealment disguise The Grand Jury arc not
unmndu that the paternity Of this evil may be traced
to the popular and extensive, but scarcely ess Oh
jectonabe organization which few years since in
coporaed by the Legislature. ostensby tor the purpose
of promoting the under the of the Apol-
Association and afterwards changed to that Of
the American Art Union but they can discover in
practice Of distributing prizes by lot do they believe
such have been the intention Of the Legislature 1t is
difficult discover any read difference between drawing
by lot paintings, encrayings or medals and drawing
money goods by the same method. Both are alike
perncous in example. deleerious In moral influence,
and prohibited by law The great evils which are the
result Of the former system OF moned lotteries in this
State signaly exempfed. and indeed are greatly
maenhcd in thee called Art Unions Spectators.
gamblers and traders in desperate circumstance find
thi. ready of relieving themselves. at cxorbtaut
prices Of merchandise and other property the real value
Which seldom inquired Whie the price Tor the
chance of obtaining il small The tendency OF these
devices is to cngendcr and encourage in the minds Of
their patrons the fascinating hope Of suddenly becoming
possessed Of fortunes at the cost OF little money and no
labor And the youth and unsupectinr are aiured by
the hope Of acquiring their livelihood and property by
other than honest toll and industry. Against Il
these devices Of raies lotteries aud Art Unions, by
whatever called laws already provide the
penalties, No person set up or propose carry
promote draw publicly or privately any lottery
or device &c chance whatever. for disposns Of any
property wh.iever. without being liable to ndlct-
mont and subject to fine of s2 800 or imprisonment
for two years - person be interested in any such
lottery or device or III any property set up thereby no
person pubsh any account thereof No person can
ANY such device chance without being guilty Of mis-
dcmcano and liable "a 5iie and imprisonment No per-
can hec@nc inteestee in the distribution by lot or
Glance q aaF money good ~ lining Ia action without
Being Halle to fine at the sntt OF the oyeIscer OF tn
j.ocr and all property Of cgc9 iecriP;oa dct%n or
ofiefcd 70 10 drawn III any sip; lottery "r device ~ de-
Clartd forfeited for ihe b,uoa' "a III poor
1lo Grand Jury recommend 20 her cot'ihu ~ 9"
- that tao grs III ,h sespcc arc 2. uorccl AL they
can anon an judicial o,ccss and over.c 20 Of the porto
discharge their respective duscs uudor III, -fi'"'. A'%
March ], 1851 JAMES H. JONES r. "e'nan
HENRY A. QLUM C9L my Oief'
D,Rrs AllrS. Cerl,
In this document the intelligent Grand my, I'M
onisscd by any personal motives but sway eo ny
heir desire to maintain the luws Of the STATE M
ioate. declare their conviction that tle great q. vi
Increasing spread of gambling operations through
mt the county was directly attributable 10 the in
Iuencc and bad example of the American Art
-nion, which they denounce as "perncious in .
Example, decterious in moral influence, and pro- j
libited by law" They examined the act charter J
ng the institution. and declared their belief that il
was never designed by the Legislature to counte-
nance or legalize its lottery and gambling features
To give such effect to this prescntment MS lay with
n tho scope Of their power, the Grand Jury !
appealed to their constituents to support and fur
her the enforcement Of the law, and directed their