The New York herald., 1867-02-07
the LAW on LOTTERIES.

Illegal. 49t
We publish to-day the opnion Of the Court Of Appeah
IN the case Of the Tsn 'Govsrnsn q the Almshouse
aganss the Managers Of The American Ar Union for the
SSss smss the value q picture disriDaisd bs os y
the defendanta Como months ego Ne puolished such
.Ss 6 sn :, y: y 81 but s:
;sS es VIM 'i q s.. 'ss y
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trbution Of The pictures BY lot Or chance is lottery
within The meaning Of the constitution and the laws Of
cover $500 from the dessdants for the dsposa Of the
picture named but involves the recovery OF three times
Sm. msunsr. what sTsmesdsus sun tha. viii amount
toi How win the coder Of the almshouse swell with
the procssdsi II wi inot require any assistance fron
the city government or years and the unfortunate tax
hon E The oppressive burdens which are SowinS iSsm
This opinien settles the question forever whether
lottery ID lottery Or Y not lottery II settles the
Affirmative and the highest tnbunsl Of the sate deter
mines that the distribution OF the PICTURES Of the Art
Union By wheels OF fortune Il lottery end illegal; that
II b also immoral tending depfave and corrupt the
which was the very object o the pronibsry elscse In
the constitution also establishes another fact, and
that n that the NEW YORK HERALD right from be-
ginning TO end Mr.. Bennett was right when In De-
csmbsr 1851 he declared that the charter Of The Ar
Union was unconstitutional and the practices of its
managers Illegal and immoral and their disposal of the
moneys Of the subscribers vasteful misappicatou OF
the funds Of the institution An indictment was lev
slisd q rs for this; but that indictment was
quashed BY Recorder Nlou, who showed his sound legal
knowledge and the frat judicial authority y sustain
our views, while such Judge Jones, Judge Ed
Dues sad Charles pro
the representative Of one Of the subscribers sought
By injunction to restrain the disposal OF the property
till the courts Of Law determined what ought 70 be done
With IL though Judge Duer refused the injunction The
District Attorney knew We were right for after We had
Art Union in the name Of the people and the Amshouss
Governors but strange enough he forgot 70 apply for
an injunction, and allowed the managers 70 sen the.
property by auction and 70 retain the proceeds which
Just - Illegal Is the distribution by lottery.
The'course pursued by Mr.. Chatded, the Attorney
lawyer MI Gabraith addressed him letter dated Jan.
2 1852 calling his attention to the violation Of
the law by the managers Of the Art Union, ana outing
the sections OF the constitution and Of the laws violated
but the Attorney General took notice Of the appica
on nor instituted any proceeding to maintain the laws
against The niscton o. the rich though be is here nov
man. He was then either ignorant Of the law, or,
knowing II, was unwilling TO do his duty. In either
pies.
The section on which the Court Of Appeals has A.
frmed ths judgment OF the Supreme Court 10 IS
ssc y 70 person shan Sc. mp Or propose any
paid or con.feed pay any valuable for he
s S {: @
=: % Il. q 70 5. q ss
and he Of the oversse Of the poor Of the
Of the Institution from the Apollo Association 70
that Of the American Art Union had repealed this law
that wss hs meaning Of The act would be imperative
for the constitution prohibits MI lotteries and the Legs
laure has power 70 relax or modify any law 70 as to
give them liberation, In any shape or FORM Yet Judge
Dasr was clear that the copstutiona prohibition 1d
not apply IN the case Of the Ara Union.
delayed. was vorth waiting for Il Oomprsss both
clear and lucid exposition Of the laws against lotteries
ssd q the ns tine ni:sey q q q snsss SsS,ns spscu
paper and We particularly commend to the attention
Of the managers Of the Art Union. How much better
vsre IN error ti they now nnd themselves 10 very
serious predicsment Tho question Of their liability for
@ Un
the property 70 be disposed off And another: Does
the seclcn quoted IN this article exhaust al pains and
penalties the subectr These questions We may
discuss at another time Sufcient unto the day the
evil thereof &A
DecIsien Of tho Court Or Appeals, October
, AhFvHa Terms, 1852.
Tie Governors ef ts AsssAossc ef ne City aad Cbssty
Of My York vs Ms Amersosn At Ussan.-kueeIes,
York. claim to from the defendants penalty OF
bcred 70, and entitled ''The Huguenots Going to wor
ship in Charleston Habor" together with the further
Claimed clair Us is IN these words" Section a. No per.
son shall set up or propose any money goods, chat
tells or things in action, 10 be rafed for or 70 be
distributed by lot or chance, to any person who shall
have paid contracted pay any valuable consideration
for the chance Of obtaining any such money goods
Un shall II mss the Of or
value Of the articles set np together witt the OF
dollars TO be recovered BY and in the name OF the
oversee Of the poor OF the town where the offence was
committsd.n Tho picture above mentioned together
with three hundred and inine Others about TO be
distributed by lot or chance Of tho const
md hU- Law m
Union, and were by public advertisement announced
and offered TO be distributed by lot aforesaid among
thirteen thousand members and subscribers This took
place Immediately previous TO the commencement OF the
legal proceeding the penalty In question The
NO y T &
tribute them by lot or chance among lis sub
scribers. Each subscriber had paid Ave dollars,
which mado him q member or the corporation, and
entitled hun TO chance in such distribution OF Oh
tanning the picture In question as q prize. The
scheme Of the Art Union, and the proposition dis
trbuie the pictures by lot is Therefore violation OF the
statute above reced unless this association has
special authority which exempts from lie operations
tho act TO incorporate the Apollo Association for the
promotion Of the fine srts, passed May T. 1640-Iaws
81 ss sus
aud far respects the American Art Union.
The American Art Union was originally incorporated by
the Of the Apollo Association, with power, among
other things Of making such constitution, by laws and
regulations they should Judge proper for certain emu
merasd purposes The fourth section OF the directed
the annual election Of officers 20 be held on the third
Monday Of December but the act did not give or pur
port give the corporation the power OF distributing
pictures other property by lot or Of regulating such
distribution by their constitution or bylaws. The
pcraon made and adopted constitution the 23d
OF December 1s43 and by It's tenth section 1t
provided that the annual meetings of the association
in December the works Of art purchasrd during the
year should become by lot publcly determined, the
property Of individual members, each member being
entitled chance share in such distribution for
each Ave dollars by him subscribed and paid. BY the
first section Of the OF January o. 1874 the OF
the Apollo ASSOCIATION changed 10 "The American
Art Union y The second section s as followg-'The
distribution Of the works OF belonging the assoca
on provided for In the constitution thereof and tho
annual election of officers shall be he'd on the Friday
preceding the 26th day of December, in each year
stead of the time stated in the fourth section OF the
act hereby amended" The defendants insist that
this statute recognizes thck distribution by lot OF the
works Of art belonging to the corporation lawful
act and therefore repcais the statute against rafting
and lotteries, first above quoted, tar would other
wise have made such distribution Illegal But II the
scheme OF the association for the purchase and dstr
button Of its works Of art by lot chance is lottery
within the meaning Of the state constitution OF 1921,
which In force at the time OF the passing OF the
statute above mentioned the Legislature had no POWER
TO authorize or sanction ~ and the second section OF the
act OF 1874 s therefore Imperative either gaot Of
power q recognition Of such grant This brings u.s.