The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-04
THE ART UNION LOTTERY.
Judge Duer's DcclsiOn the Application Co
make the Temporary Injunction Pcrma-
SUPERIOR couRr-sprcIAI. rrpn

ApgL 3.Iudgc Durr proceeded to give his decision i
Union; which, he said he intended TO write fully
<Io With the clerk oi the during the ensang
HeEould now however endeavor to state orally the
clus.on at which he had arrived and the grounds 0
which That conclusion rested satised for the rea
son whSh shall proceed to state that the plaintiff on tn
face of hS complaint has title whatever the relic
which he weeks and consequently, that the tcmporar,
Injunction Uust be daolved and the motion Il per
mantnt nju ucton denied II is true that counsel for Tia
d. fendnnt fc,Iing doubt, entire confidence ha
the prccet ding Of tho Art MON have been entirely
formal 10 the eenstuion aad the laws Of the State
and anticipating Shat such would be the Judgment Of thu
cosrt-has exprpfd s Willingness waive all objections
to the right OF the sct to maintain this suit but IL
my opinicn the obs~tions nrc not Of nnturc to be
waived by counsel or L.? rho parties, to Impose
the cott the duty Of e%ookng heir There many
in which the eyes a judge ut not to c closed
although thc parties De quite willing he should not
II the paiusif in this stra and bad
In, the Art Union aoug there could
would have Of sey before tho court ana
si les would he have any rirht for relief ~ le scce to
get rid Of the Consequences OF csnuct which he himself
claims and avcrato be unlawful fbc plaintiff fy ha
showing has beena sSaror in ts very violation Of this
law which he novchssycs the defendants What is ts
object OF the suit The painthf cs assignee OF
the original the Art Union and the
jsc Of the complaint tcrestrain tho distribution of 10
90 paintings and oscr KS Of art p ky tho so;ie
ty during the past wear Of the funds contributed by
the subscrbcs sr he requires that sad paintings and
works Of hall be- disposed Of under the direction tho
Court and the pr cccts thereof distributed among thu
shareholders according to their respective rights and
interests The ground which relief i, sought IL that
prop the conribucdby each cfthem tho true
the works of totc purchase Of which their
fundsvere applied and tnat w. such ownors they have
right 10 interfere to prevent tho distribution Of their
property IN expressly prohibited bJ the Consti
tuition and laws Of the state deem It quite needless
to inq whether the share nd interest which tho sub
scrbr:p the Art Union has arr not transferable;
but .hn assume for the pu"ss ef my opinion that the
rights privileges Of tho oruinal subscriber But if
this be il must also be admitted that he Is sub
ject MS Wen 10 all the responsibilities Of an original sub
.cri11 and in 10
frm whona lie purchased And if this complaint could
not be maintained by Mr. Hoe himelf cannot oJortoI,
be maintained by the present plaintiff. The question,
then i whether annual subscriber to the Art Union
has neay any right legal interest in the paintings
and works Of purchased Of the society with the funds
contributed by the subscribers 1t is BY
yersy true that individual corporations have any right
OF property or any interest whatever with property be-
longing to the corporntion On the contrary i IL gene
rally true that ts whole tito in the property IL legally
and squitnby vested in the corporation itself and if the
corporators have any right it II is right which
attach only when the corporation dissolved have
individual corporations right interest whatever in
he property Of the corporation except such may be
given 10 them by the terms Of the charter Of the
ttution bylaws which the society Is authorized to
udopt state this NJ general rule to which know OF
xc, ptonhat the rights and interests OF the
holders in corporation such only defined by
its charter by the constitution and by w5 which the
society may be authorized to adopt. For example |
supposes that the subscribers to Bible !
socie,y tract society charitable institution have
which their funds may have been applied. They |
give their money as donation to promote tho OBJ |
ers to the Art Uu'onand more cmphaticay the annual
subs criberhave other interest in property acquired
by The society than that which secured by tho terms
oi the contribution bylaws. Now. looking the
charter Of tlse socsty t.t TIN w general
Incorporates the institution. and gives the soe author
" to adopt by laws hut IT. contains provision what
I'm relation to the rights Of stockholders II autho
rizes the society. such To hold certain amount Of
property but must not bc thence inferred that ind vid
corporate intended to have amy interest
in the property. 1t Ia true Tint the corporntors Of
chartered for charitable or literary
hay n d of
securing the application Of the property to the objects for
which it intended and to that the trust which
have been repoed in the association is betrayed
but il Is not true that unless they have interest given
to them by the terms Of the charter, of tho consu
ticn they have any right to claim any portion Of the
property which may have been acquired by the fund.
contributed ty m In this it is on the suppos
ton that the subscribers to the Art Union the
Of the property that this hill s founded IT, then the
subscribers have right OF property given TO them by
the charter in order to ascertain what does In reality
lelCng them must look to the terms of The const
tuition They provide in substance that every person
who ubscribcs the Of five dollars to the funds Of this
institute shall be cntitlcd-aA the practice Of the
society ito copy Of their monthly publication
bulletin to engraving. aud to chance in the dis
trbution Of the paintings ard works Of art that may
have right therefore, by these ters-ior the know
ledge Of which each suhscribcr Is chargeabeto chance
in this distribution. and nothing else hut they contract
for right interest in the property itself What IL
this in effect, 1t Is nothing less than
tract Letw,en the society corporation on the side
and the annual Subscribers, individuals the other
The society stipuatcs in liberation Of the to be
pal by the subscriber him those benefits which
have enumerated. and chance in the distribution of
the paintings at the close of the year. Now, this
tract is either lawful is rrohiDcd-asis alleged by
the plant-by the constitution and laws OF the state
II he distribution by lot is not lottery within the terms
within the intent and meaning Of the revised statutes
end constitution then the plaintiff the Subscribers
have no ground of complaint and right whatever
restrain the distribution Of the property but suppons
it to be lottery not only within the terms but within
the meaning Of the revised statutes such it would be
the duty Of the Court proper application 10 suppress
and refrain then who is that comes before the Court
plaintiff in this action, who has purchased the
ticket II an original subscribera man who himself is
prohibited hy Law from acquiring any interest IN the
he Court has himself been guilty Of that violation OF The
law which he charges the def ndans: II the contract
Il lawful be has grounds Of complaint if it Is unlawful
then he Il pEfcps criqins and has no title to relief
II il true that though, general rule party who has
paid money Illegal contract Ia precuded from
cove ring il. yet. in this particular case tho person
who PAYS money for the purchase Of a ticket in
lottery il entitled to get IL back but hia title is limited
"a the recovery Of the money and 1t was never supposed
that he has right to the property OF the association
IT. therefore there other grounds for rejecting
the present application should dsmis the bill on this
that on his showing the plaintiff in this case l. the
pure hnser ofa ticket ~ an unlawful lottery y hc lc
stated in the complaint. are true and admitting them
TO be 50 then the plonth seeks me a o. te court 70
g,i rid ofan unlawful contract ana ne can nave no claim
that aid without departing from the principles by
Fut another ground for this decision sup
tsing that am mistaken in the suppostion that sub
tcbcrs have interest watsy,r in the property belong
ng The corporation wb c may have been purchased
Iy their funds. ntmatod last saturday. that " the
distribution ~ these paintings by l1-as contemplated
the constitution If this society and which has already
adyorti od about to take place day past
-hu lottery within the meaning ot the Revised Statutes,
ti AIRY consequence that no: only the paintlH
has present title any portion of this property but
that even the fociciy has ceasd to he the VI
then stated and now repeat that statement. with
nrc confidence afcraE examination OF the case that
II the allegations 81 the plaintiff on thus subject arc to DO
taken ag ruc apI sound cxpositions OF the existing
Inv u utccssnry consequence that the title to thce
pa.infs instead Of being vested in the socety itseG
or In IL subcJibcrs is now vested solely IN the people
Of lila state ~ yrtue IL The Forfeiture. which tho
,trtutc has declared. There Ii distinction hts
,,li,d between the for.t created ~ law
und bat created iy statute. while the forfeiture
atcd hy common law - uncwhch follows the commission
II rtason felony IL IL nccesy before the forfeiture
rs hat The oerce If the party charged shall have
bo, proved and that he ha have been convcted and
uctiCn ~ the record j. uocosary IN OH sucb css ~
otttr ertatc thc Il fixture Nut Chief Justice Mar
fp lbs decided when forfeiture i,gytn BY statute the
tuics ~ law longer appcapl', aud tiie
thing ti.tcd may either nIedat,ly IN the per-
fmnnce of Ihr nct lrt hhilnd according Che viii of