The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-24

within the meaning and intent Of Tho aes q Paransus
m na. r onro 'e sscs for .ns g.n ne
nfallble and nnd that this mot the opinion en-
ssrsned y the judges lawyers, and esinaiors mr.
which is anaet to indemnify art unions against certain
penalties This shows that deemed much safer TO
than on the opinion Of Sir Edward sugdsn They went
to legislate again and extended the indemnify by aot
existing affairs ans in the 9th 10th vict they passed
fer legazng this mode of distrbution no that the
Court that in England docs not appear that
this opinion Sir Edward Sugden received any sanction
The learned Judge then concludes that he feels assured
Art Union upon deliberate examination by tho enlightened
judiciary Of the Satc 1t would from this that he
considers was the unenlshtened part of the judiciary,
in the court Of which the learned Judge is member
that to the decision that this Art Union lot
terry But it subject which might be referred to the
ordinary intelligence Of any man whether the distrbu
ton of the property Of the Art Union constitutes that
association lottery or not Counsel therefore, sub
mtcd that there was this cause enough to stamp Il
as being lottery The American Art Union sells tickets
TO raise money to procure works Of art Of unequal values
fewer number than the purchasers OF tickets for
the express purpose Of distributing these works by lot 10
few at the expense Of the many The fund raised by
many individuals The parties raising the pro-
preto Of it. Tickets issued to represent the chance
and interest which the proprieors have and the money
invested in pictures and works Of constituting
prizes OF unequal proportions As to the property the
Art Union the purchasers Of tickets have simply pur-
chased the chance Of drawing of these prizes 1t
operation or effect in the slightest degree that the profit
the other part of their money does not go to the
ISOLATION and that the investment in another shape Is to
DO themselves They have illegal right all the
profits their unite funds produce The definition offs
gambler who plays for stakes In this the
thousands play for pictures each bets five dollars
that the number Of his ticket will be drawn from tho
wheel at the same time that ticket for prize will be
contingency will happen and if 80 he takes work of
art II not he takes nothing-that is the game Burke,
in one Of his splendid outburss of oratoy remarks that
Ayaricc itself does not calculate strictly when games
Men will purchase with millions Of chances against them
II principle inherent in human nature and belongs
to us all Counsel then proceeded to argue upon the
right which each member enjoyed in this well in all
other corporate associations to sell and dispose Of his
rights OF membership and that his assignee legally and
morally entitled to all the privileges and powers of the
| original member
Mr. oConor responded on behalf of the Art Union He
would devote very little time to the minor questions in
vocd in this matter and would not make any technical
objections to the proceedings except far would DO
necessary TO show their true nature The history Of
the case was pretty well set out in the afdavt in the
cause and the statement Of plaintiffs counsel. lie ad
yertod to the origin Of this arising of the action
for libel brought against Mr. Bennett by the managers of
the Art Union and to the fact of Mr.. BENEFITS pur-
him to commence these proceedings and carry the
into Africa. One Of the questions here would be- how
much power did the purchase of this ticket of member
ship invest Mr. Bennett with The opinion given by the
Recorder on the motion to quash the indictment
was published in tho HERALD; and this very form-
datle opinion was commented on and the immoral
tendencies Of the institution held up to the public,
which necessarily gave rise to action. The District
Attorney lit to be his duty to obey the statute Of $780,
and show his respect for the opinion Of the Recorder and
accordingly notice Of motion to restrain tho dis
ulbucn Tor the purpose OF having the property of the
Art Union confscatod The District Attorney pursued
This course from Of subordnatson to the higher
authorities. although his opinion of the legality Of
the ns uon was Ut variance with that Of the Recorder
If this distribution is wrong of it should be pro-
vented but lift is not unlawful and tho society
by benign purpose il ought not to be nterfered with
by the apprehension Of Mr. Recorder Tilou make
the five dollar speculation Of Mr. Bennett profitable
Counsel ccmpmented the acute legal knowledge Of
Judge Duer and stated that his decision desi
ralic on this subject namuch he member of the
convention Of ls which denounced lotteries as immoral
ma coulI hat
ter understand under what influence this statute
enacted and what is the real meaning of lottery The
came before his Honor by lot and verified the
truth OF the poets remark that all chance is direction"
II this came before Judge to whose mind the cir
cust;ncos Of it would be novel, there would be much
aicuity IN arriving at proper conclusion as Judge Til
lou even in arriving at the decision which he
did He then proceeded to review Of the questons-rst
as to not holding the election Of the committee the
poratc day This objection had not been commented
on the other side Secondly misappication Of funds
alleged This charge IL in the first place of vague
and indefinite form, and admits of in the
second place it is not confirmed by any shadow Of proof
whatever; and in the third place expressly denied by
affidavit He would despatch almost summariy the
other point He insisted that Mr.. Bennett procured
privilege intercft in the society by purchasing
Mr. Hoes certificate Institutions societies like the
Art Union constitute class quite distinct from those
formed for trading ether corporate purposes; and if
there law in regard the latter il its
existence TO habits of trade and society and is
founded on the relations which shareholders in snch in
suons toeach other So. also there is like
mon law in respect TO this and all similar organizations In
literary occtes here in Europe Is it supposed that
special casc and where special provision is made therefor
such right has been sanctioned tolerated Mr.
Bennett probably imagined that he might purchase
tain right Of property but he could possibly think that
be could buy the privileges Of member To illustrate this
position he referred TO the Bible Societies into which who
ever tenders himself and pays the sum demanded for life
membership is generally not to be refused but at the
same tine it just certain that if notorious bad cha
ractcr fresh from the State prsono preacher of Atheism
and infdolity presented himself as member he would
not be admtodso that such societies had the power to
exercise discretion in admitting members Counsel read
the charter Of the Art Union referring to the admission
of nbers which is placed under the control Of the
mee II true with respect to this institution as
well to the Bible Society, that it is very free and
restricted in its admitting members but yet the fact
which duty however mug seldom arise. II il quite clear
he contenced. that no person could become member |
without paying his subscription to the officer Of the asso
citation. and his privileges are not transmissibe.
Court-Wo uid the rights of property extend to mans
executors?
Mr. OConor--I contend they would not A man |
might appoint twelve executors and they could have
right 10 vote in the society All the privileges
sry personal and would not pass TO executors to
signces In word he maintained that this business of
association is undertoodto he purely personal matter
and attaches to and dies with the member.
Court-Whatis the clause relating to the general dis
rbuon Of the property in ease Of the dissolution OF the
institute?
Mr. O'Conor read the clause relating thereto. The pro-
perty is TO be distributed among those who then
members. in proportion 10 the amount heretofore paid
lie clacd therefore considering all the attendant cir
of this that the act Of bringing these
proceedings should meet with the sapprobation Of the
court and the costs thereof should be imposed the
plaintiff Mr. Blunt u nj present proceeding in this same
in the Supreme Court. but he (counse) thought
Dir b. would not feel himself justified in calling to his
support the paid counsel Of Mr.. Bennett but he con-
sdcrcd that the decision Of his honor would be final
at least direct that Of the Supreme Court in this matter
lie then proceeded to contend that the distribution Of
the property Of the Art Union by lottery did not
within the inhibition Of the State constitution. The |
statutes designed to suppress gaming in all its
forms while the constitution only directed against
particular form Of lottery which at the time attend
ed with evil consequences lie commended then that the
Art Union did not come within the meaning OF the
statutes. and soquony not within the constitutions;
and in support of this argument referred to the various
clauses bearing the subject Of gambling and lotteries
lie that there shadow Of foundation for
oil that has been said against them, in the aspect which
seeks to charge them with being gambling institutions,
for the purpose Of promoting the private interests OF the
members Counsel reviewed all the legal authorities on the
subject both in Great Britain and this state. and
tinu,dM hat degree Of authority have IN support