The New York Herald Newspaper, March 23, 1852, Page 6

————— THE ART UNION INJUNCTION. James Gordon Bennett vs. The American Art Union. SUPERIOR COURT—SPECIAL TERM. Before Judge Duer. This was an application to make the temporary injunction granted by Judge Oakley, restraining the managers and officers of the Art Union from dis- posing of the works of art and other property of the institution, permanent. Mr. Sandford, counsel for the plaintiff, read the following COMPLAINT. SUPERIOR COURT OF THE CITY OF NEW YORK. James Gordon Bennett, who sues as well on beha'f of himself as of all others, members or creditors of, or subscribers to, or shareholders in, the Apollo Asso- ciation, or the American Art Union, ig agarnst the American Art Union, and . Ridner, William J. Hoppin, Abraham M. Cozzens, Marshall O. Roberts, Frederick A. Coe, Charles P. Daly, Nathaniel Jarvis the younger, Robert Kelly, Andrew Warner, Benjamin H. Jarvis, John H. Austen, William H. Appleton, Evart A. Duye- kenk, George Tredwell, George W. Austen, Wil- tiam A. Butler, Henry J. Raymond, Erastus C. ned William B. Deen, George Curtis, Charles Hi. Russell, defendants. Tothe above-named defendants:— You are hereby summoned and required to an- swer the complaint in this aetion, which will be tiled in the office of the clerk of the Superior Court of the city of New York, in the City Fall in said city, and of which a eopy is herewith served upon you, and to serve a copy of your answer to the said complaint on the subscriber, attorney for the plaintiff, at_his_ office, No. 127 Fulton street, in the city of New York, within twenty days after the Service hereof, exclusive of the day of such service; and if you fail to answer the said complaint within the time aforesaid, the plaintiff in this action will apply to the eourt for the relief demanded in the compiaint. BENJAMIN GALBRAITH, Plaintiff's Attorney, 127 Fulton street. Dated March 13, 1852. In the Superior Cour _ of the City of New York.— -fames Gordon Bennett, who sues as well on behalf of humself as of all others, members or creditors of, or subscribers to, or shareholders in, the Apollo Associa- tion or the American Art Union, plaintiff, agarst the American Art Union and Robert Kelly, Abra- ham M. Cozzens, Andrew Warner, Marshall O. Roberts, Benjamin H. Jarvis, Frederick A. Coe, John H. Austen, Charles P. Daly, William H. A; pleton, Wilkam J. Hoppin, Evert A. Duyckink, Erastus C, Benedict, Henry J. Raymond, William B. Deen, George W. Austen, George Curtis, Wil- fam A. Butler, Charles H. Rae George Tred- well, Jolm P. Ridner, and Nathaniel Jarvis, the younger, defendants.--Place of trial, the city of New York.—The said plaintiff, James Gordon Bennett, by Benjamin Galbraith, his attorney, complains aga’ the defondants above named, and on his information and beliof says, that by an act of the Legislature of the State of New York, passed at a session of the Legislature held at Albany, in the State of New York, in thesyear 1840, entitled “‘ An act to incor- porate the Apollo Association, for the promotion of the fine arts,” itwas enacted that John W. Francis, dames Herring, John H. Gourlie, George Bruce, Au- ‘uatus Guell, John P. Ridner, John P. Nesmith, homas N. Campbell, Prosper M. Wetmore, and such other persons as then were, or might there- after from time to time become, associated with them, were thereby constituted a body corporate by the name of the Apollo Association, for the pur- of the promotion of the fine arts within the Bnitea States. That the corporation thereby created wight acquire, hold, a d purchase real and personal estate, but the whole income of such real and per- estate should not exceed $10,000. That the said association should have power to make, from time to time, sueh a constitution, by-laws, and re- gulations, as they should judge proper for the elec- tion of officers, for the prescribing their respective functions and the mode of Clnchacg ing the same, for the admission of new members into the said associ tion, for the government of the members and officers thereof, for regulating the annual rate of contribu- tions towards the funds thereof, appointing the times and places of meeting for managing the affairs of Said association, and for suspending or expelling such officers and members as should neglect or re- fuse to comply with the constitution, by-laws, and regulations thereof. That the officers of the said association should consist of a president, a correspond- ing secretary, a recording secretary, @ treasurer, a eommittce of management consisting of fifteen mem- bers who were not professional artists, and such other officers as the said association might deem necessary; who should be annually chosen by a plu- rality of votes, on the third Monday in December ; and if the annual election should not be holden on that day, then it should be lawful to make such election on any other day, on due notice Pete given to the members, of the intention to hold such election, and there being present, at the time and place desig- nated, fifty members of the association ; and in case a vacancy should take place between the annual meetings. then it should be lawful for such vacancy to be filled by the officers and committee of m nagement, at any regular meeting of said committee and the person or persons 80 chosen should continue in office until the next annual election, or until others wore chosen in their places. That that act should continue in force for the period of twenty-one years, subject, however, to amendments, moiific tions, or repeal, by the Legislature. That the said corporation should possess the general powers, and be subject to the restrictions and liabilities prescribed in the third title of the eighteenth chapter of the first part of the Revised Statutes. That soon after the passing of the said act of incorporation, the indi- viduais in the said act named, or some of them, made a constitution, by-laws, and regulations, for the purposes in the said act named ; and afterwards, and on or about the twenty-third day of December. 1543, amended the said constitution ; constitution, and the amendments thereto, then adopted, and continued in force thene¢ and w orth, hat by is no at il the 20th day of December, 1847. { incorporating said company, there ¥ or power whatever conferred upon the iation, nor upon the committee of management eof, to make any distribution of the funds or ty of said corporation. That in and by the said constitution, it was, among other things, pro- vided as follows :-— rt Every subscriber of five de or more. f this as ion, per annum shall be a member ci ivileges of member: -hall be entitled to the of Management shall ision and manag. 3 —The Committee e the general supe: f nterests and a! of t they sh urchase such works of art, ar e United States, or by A 1s they may think worthy of selection, of the treasury shall warrant. xe fund raised by annual snbseriptions thall be appropriated u rection of the ‘ommitiee of Management; an n by them legated by the executive committee to detrayi ary expenses of the as n, to the the publi g of the works of ig and to defray the expens an engraving for distribution 1.—At the annual meeting of the Sociat in December, the w of art pu chased during the year shall become by lot y licly determined the property of individual mem- bers. en ber bei ntitled to one chance shar ribution for each five dollar bim bserihed and paid. That, under the ten’ article of said constitution, the mode, of distri- bution adopted by the committee of management Was this: the works of art purchased and intended to be distributed by Jot were severally nuinbered, end tickets with numbers representing them were placed in « portable box or wheel; the names of the mem ers of said association, or the numbers on the ticket® given to the several members at the time of their subseription, and which were also attached to their names on the booke of the association who had aid their subsoriptions, were put upon similar t in another box or wheel; each member being entitled fo one chance for each five dollars subscribed and paid. Two persons were designated to manage the drawings, one of whom would draw a ticket from the box or wheel of members corresponding with the nombers on the paintings or works of art to be Gistributed, and the other person would, at the same n- dime, draw « ticket from the box or whe! cont ing the subscribers’ names, or the numbers of t tickets, and place opposite to their names in the books of suid association, and the subseribers whose Dames or numbers were so drawn from the box or Wheel containing the names or numbers of the sub- Beribers, were severally declared to be the owners of the work of art which was marked by the num- ber designated on said ticket as a prize, which was drawn from said box or wheel at the saine time that his or ber name or number was drawn from the other box or wheel, and said work of art was afterwards Gelivered to such person, as his or hor private pro- perty. This ae was bie ed by drawing « dioket from the box or wheel of tickets containing the numbers of said works of art, and a name from the box of names or numbers of the eubseribers, and dhe results declared, until the tickets wore all drawn from gaid box or wheel which contained the tickets with numbers thereon of the works of arts to be distributed. That by Rhese moans a few of the subseribers to Raid association obtained all the works of art so distributed, and the large re gehg of said subseri- bers were thereby attempted to be deprived of all their right and interest therein. That such consti- tution and the proceedings so had under the same, Were in express violation of the statute against Yafiling and lotteries, and were wholly unauthorized Dy said act of incorporation. That by another act wl (he Legislature of the State of New York, passed Bia eeoion of the sald Legislature, Weld ah Alpary. motion of the fine arts,” was enacted that the name of the Apollo A: ion, for the promotion of the fue arts in the United the in the state of Now York, in the year 1844, by a two-third vote, “An act to amend the act, to incorporate the Aj Association for the pro I May 7th, 4 asooia- tates, was thereby changed to the American Art Union, and that the aimteitetion of the works of art | next after const cers should be held on the Friday to the said association, provided for in tho on thereof, and the annual election of offi- Denoacg S38 25th day of December in cach year, instead of the timo Stated in the fourth section of the act thereby amended, and that that act should take effect imme- diately. The plaintiff shows to the court, upon in- formation and belief, that the constitution of said association, which was in existenge at the date of the passage of said act, was the conStitution above men- Lonel, and that the mode of distribution provided for and practised under said constitution, was by lottery, and conducted in the manner herein before set forth in that behalf. That said constitution was not exhibited to the Legislature, nor was it in any manner communicated to them, before, or at the time of passing said act, that the mode of distribu- tion, as well as an actual distribution of works of art belonging to said association which were covertly sought to be authorized or sanctioned by said last mentioned act, were to be by lottery, or by means of lot or chance among a few of the members of the said association, at the expense of the large majo- rity of said members. That, as plaintiff is informod anil believes, so much of said last mentioned act as pear les that the distribution of works of art be- jonging to said association, peel for in the con- stitution thereof, should be had on the Friday pre- ceding the 25th day of December in cach year, was inoperative and void for uncertainty. That if said ion might be operative, by moans of its refe- to, and its adoption of the mode of distrib tion provided in said constitution, then such provi- sion was void, because the constitution of the State of New York, then in force, in the eleventh section of the seventh article thereof, expressly prohibited the Legislature from author- izing any lottery in this State, and the act so passed, taken in connection with the constitution of said jution, therein referred to, was an attempt by lature to authorize a lottery of works of tate. That by another act of tho lature of the State of New York, passed at a session of the Legislature held at Albany, in the State of New York, in the year 1847, entitled “An Act further to amend the act to incorporate the Apollo Aszociation for the promotion of the fine arts,” passed May 7, 1840, it was enacted that tho second section of the act entitled an act to incorporate the Apollo Association for the promotion of the fine arts, passed May 7, 1340, was thereby amendod s0 as to read as follows:—‘‘Soction 2.—The corporation hore- by created may acquire, hold, purchase, mortgage, and sell real and personal estate, but the whole income of such real and personal estate shall not exceed $10,000.” That the third section of the said act was thereby amended ¢o as to read as follows: ‘Section 3.—The business of the said corporation shall be condueted by a Committee of Management, to consist of twenty-one members, who aro not pro- fessional artists, who shall be chosen at theJannual meeting of the association, as follows—At the next annual meeting there shall be chosen twenty-one members of such committee, who shall be imme- diately divided by lot into three equal classes, and the first s shall hold one year, the second class two years. and the third cliss three years; and thereafter seven shall be chosen annually, to hold for three yeurs, and till others are chosen to fill their places. ‘Lhe committee of management shall have power to make, from time to time, such a con- stitution, bye laws, and regulations, as thoy shall judge proper for the election of officers, for preserib: ing their respective functions and the mode of dis- charging the same, for the admission of new mem- bers into the said association, for the government of the officers and members thereof, for regulating the apnual rate of contributions towards the funds thereof, for appointing the times and places of meet- ing of said associatien, and of the committee of management, and for suspending and expelling such officers and members as shall neglect or refuse to comply with the constitution, bye laws, and regula- tions.” That the fourth section of the said act was thereby amended éo as to read as follo ‘Section 4.—The officers ot said association shall be a Pre- s a e ing Secretary, a Recording Secretary, and a Treasurer, who shall be chosen by and ‘from the Committee of Management, an- nually, and such other officers and agents as the Committee of Management may sec fit to ap- point or employ, and in case a vacancy in the ofii- cers or Committee of Management shail take placo between the annual meetings, the same may be filled by the Committee of Management at any re- gular meeting of sxid committee, and the person or persons so chosen, shall continue in office, until the next annual election, or until others are chosen in their places,” and that that act should take effect immediately. That r ‘been iodified, amended, or repealed, hy the Legisluture, and the same from the time of the passage thereof. has always been and still is in full oree and effect. Th ér the passing of the said last the next annual meeting of the said association, held on the 20th day of L comber, 1847, 2 Committee of Management, con- ng of twenty-one membe: artists, and whose name were duly ch are to the plaintiff id committee were immediately divided by lot into three equal clas That the said i | so chosen as last afo: lid, on the of December, 1847, make a constitution for the pur may in the said last’ menti tin by the constitution so ma: ast afo} . it was and is provided and declared among other things, to the tenor and effect following, that is to That every subscriber of five dollars or mor annum, should be a Union, and after t to al residue of the calendar year, stated im ng of the members on the y evening next before Christmas, at snch place as the Commitice of Management she called the annual meeting of the ihe distribution of the works mein} take mber of the said Amer ship for the L be nd that there should s of the Committe ‘ e, and that the Committee of then and there elected, should meet on e year then riy of the ‘ t nent, for 1 com d should be held by sw nefit of the net funds of th pplied tirst to the pu © a ov other works of American art Which should be distributed equally t ers for each ye pectively; and Second- ly. to the purch art, ‘assoc! of the sai the current ud time and f art, should b control of the time bei under the rea} and y he under the Comm insti perty sho mong the persons W hould be 1 © of such dissolution i t theretofere paid by to the finds of the institution sand on the 22d day of December meeting of suid association in the city of New York, a —whos —woere 1 members iugemeut of the s ay then next, in lieu of the seven members of id cominiitee term of office then ex and the said ns elected as last aforesaid, ctively asseuted to such election. and consented » members of such committee, and they h of them thence became and were and acted f the Com- members of the said committee. That a meeting of {he Committee of Management of the said insti- tution was held on the 25th day of December, 1848, being the Monday after the ‘annual meeting last mentioned, when and where the said last mentioned committee ch from their number the officers of the suid Asso m for the y then next; but what officers in particular were ch n, or who were to the plaintif’ unknown. That on entieth day of December, eighteen hundred being the Friday next before Christmas, year last aforesaid, there was ng of the said weiation at | the city of New York: and lefendant, the said Ab ident of the the members associa the said of i iation, that the term of ffice of seven of thethen members asec Committee of Management of the said of t f the seven members whose term of etive expire sfovesaid, were named William J. Hoppin, Charle Daly, Abraham M. Cozzen. John |’. Ridner, Mar- chal! O. Roberta, Nathar arvis the younger, Frederick A. Coe lefendants in this action; and the said med seven persons were then and there re-elected members of the Com- ent of the said as ome and act as mem of the Commi agement of the said assoc ation, and they th th beomme and were, and acted, as embers of such committee; and they, together with the other defendants, Robert Kelly, Andrew Warner, Benjamin H. Jarvis, John Austin, Willivm LO Appleton, Byagh A, Dayekiak, peetively. cor the said last mentioned act, | who were not pro- | sen, and the members of the ) ‘of should be | production | ution, for | severally and res- | o | BDeen, George WA A. Wace Charice Troadwell, t of and id last named Committeo of Managemont, on tho 23d day of December, 1860, being the Monda: said last named annual Eneoting, held ® meeting, for the purpose of looting from among their number the officers of the said association for | said, duly and the then next year, and that at such moet said defondant, Abraham M. Cozzens, was president, the said Geo treasurer, and the said “chosen fendanta, Erastus C. Bene- dict, William J. Hoppins, Frederick A. Coe, Andrew | aforesaid, and in the full belief Warner, and Benjamin H. Jarvis, the Executive Committee of tho said association. That after the said annual meeting last named, it became and was | in a lawful manner executo the trusts and duties be- the duty of the said last named Committee of Ma- nagement, among other enlnigs 40 apply the net funds of the said association, first, tothe purchase of production of fine engravings or other works of American art, and, secondly, to the purchase or production of werks of American art, principally paintings, and to cause an annual meeting of the said association to be held on the 19th day of De- cember, 1851, being the Friday next before the Christmas of that year; that on the said 19th day of December, 1851, the term of office of seven of the individual defendants above named as members of the said Committee of Management, ceased, and they thenceforth ceased to be members of the said Committeo of Management, but which seven of | ment of all debts of the said association, to a distri- the members of the said Committeo is unknown to the plaintiff, save that is other seven than the seven clected on the twenty-first day of December, 1849; that on the 23d day of December, 1851, being | plaintiff furthor shows that all the matters abovo the Monday next after the Friday next before Christ- mas of that year, the term of office of the said offi- cors of the said association, elected on tho said 20th day of December, 1850, expired. That the said Ro- bert Kelly, Abraham M. Cozzens, Andrew Warner, Marshall 0. Roberts, Benjamin H. Austin, Freder- iok A. Coo, John H. Austin, Charles P. Daly, Wil- liam H. Appleton, William J. Hoppin, Evart A. Duyckink, Erastus C. Benedict, Henry J. Raymond, William B. Deen, George W. Austin, George Cur- tis, William A. Butler, Charles H. Russell, Geor ‘Tredwell, John P. Ridner, and Nathaniel Jarvis, the younger, while they were the Committee of Manage- mont of the said association, in disregard of their du- ty in that behalf, did not and would not cause an annual meeting of the said association to be held on the Friday next before the Christmas of the year 1851, and no annual meeting of the said association for the year 1851, has ever been heldor attempted to be held, and the hefore mentioned mombers of the said Committee of Management, whose term of of- fico expired on the said Friday next before Christ- mas, 1851, and the said officers of the said associa- tion, whose term of office expired on the Monday next after tho Friday next before Christmas of the year 1851, have not, nor have either of them, been re-elected, nor have another or others been elected to fill the places of the said members of the said com- mittee, and the said officers, or any or either of them, and that ever since the said Friday next bo- fore Christmas of the year 1851, in violation of the charter and constitution of the said American Art Union, the Committee of Management of the said association has consisted, and still consists, of four- teen legal members and no more; and sinco the Monday next after the riday next before Christ- mas, 185], there have not been any officers, and are not now any officers of the said association legally qualified to act in_the affairs and concerns of the said association, That since the said Friday next before Christmas of 1851, the said seven members of the committee, whose term of office expired on that, day, notwithstanding their terms of office expired atthe time and as aforesaid, have continued and still continues to act as members of the Committee of Management of the said association, in like manner as though their term of office had not expired. That since the Monday next after tho Friday next of office expired at the time and as aforesaid, the said Abraham M. Cozzens has continued, and still con- tinues, to act asthe President of the said association, and the said Geo. W. Austin has continued, and still continues, to act as tho Treasurer of the said associ- ation. ‘That on, or soon after the 20th day of De- cember, 1850, the defendants, the said Robert Kelly, Abraham M. Cozaons, Andrew Warner, Marshall O. Roberts, Benjamin H. Jarvis, Fr ick A. Coe, John H. Austen, Charles P. Daly, William H. Appleton, William J. Hoppin, Evert A. Duyelink, Evastus Benedict, Henry J. Raymond, William B. Deen, y y William A. But- le Tredwell, John P. tidner, and Nathaniel Jarvis the younger, by virtue | and under color of their office, as the Committee of Management of the said association, possessed them- selves of real and personal property of the said Amer- ican Art Union, to the amount of several thonsand n particular the plaintiff That since the said 20th day of December, 1850, and until the 20th day of December, 1851, the said last named defendants, as such Com- | mittee of Management, collected and received from | the members and the subscribers to the tion, to be lied to the purpores of the ation, the sum of more than $50,000, and th: | the said 2 f December, 1851, the said | named defen have continued to collect and x ceive subseriptions for and on account of the associa- tion, to an amount of se 1 inandred dolls That uts have now in their rgement and control, ni and personal pro- ition, to the amount of since gement of the n Art Union, expended, and caused to be varius large stuns of money, for purposes not warrented by either the char stitution or bye laws of the said association, and {i ants still continue, and threaten expend the id in ste ie members and su Ato pay to them. tt ~uin of five do! sub oti seribed ibers, to the ha mod def d last named defence payment to he ch he debts d the promises by them 1 subscribers to the furti We tho cember in_ thic oeiation. nd in the month of D month of December, of gement of lawful power or 20 Lo de in the charter of m, and jn vio of the constitutio and of the at have put up mong the mem ed with the fands Ih ration, and that such lotteries hi publicly conducted under the direc on © a rs made in the manner sn} ‘ore. stated in that behalf That the subscribers whose names or numbers hap pened to be drawn out of one box or wheel, at tit same time that @ ticket was drawn out of the othe: picture or Work dito box or wheel. with the number of of art written upon it, were dec the picture or work so numbere prizes, the same were deli ‘ommitte2 of Management, or under their n, to th: ersons so favored hh prizes to he held aud enjc Separate U | indivie property. That the members of sail q | not whose names or numbers happenet have drawa | i 1 before Christmas, 1851, notwithstanding their terms titution and laws of this State, | | such rece! W. Austen was chosen daring rs ie sul the purpose last mentio1 the year WES and hn, dort ly charter, constitut bye laws, ‘tions of the said association,and has duly roe a apes year, iod last aforesaid, paid the sum of $5 ofsaid association, for the sole purpose of the integrity of the said several Committees of Mnnagement of the said association, and that they would faithfully and intot longing to thoir offices as members of such commit- teo, and would not waste or misapply the funds of the said association, or violate the constitution and laws of this State. That said Richard M. Hoo did, on the twenty-eighth day of Moy, 1851, pay and subscribe to the funds of the said association, the sum of 5. That the said last named Committee of Management, and the members thereof, did not faithfully and in a lawful manner execute tho trusts and duties belonging to their offices, as members of such committee, and have wasted and misapplied the funds of the said association, and so acted that the charter of the said association, or their personal representatives or assigns, are entitled, after pay- bution of the property, real and personal of the said association, according to the amount paid in by each member into the funds of the said association, Tho alleged are averred upon the information and belief ofthe plaintiff. That by an instrument in writing, under the hand and seal of the said Richard M. Hoe, dated the twentieth day of February, 1852, the said Richard M. Hoe assigned to the plaintiff all his right, title and interest, of, in, to, or against, the property and effects of the said association, or the said defen- dants, in respect of the payments by the said Richard M. Hoe, made to the funds of the said association. That the plaintiff is now the rightful holder and owner of the interests of the said Richard M. Hoe, which he had on the twentieth day of February, 1852, and is entitled to all the rights and privileges in re- | spect of the payee made to the funds of the said | association by the said Richard M. Hoe, in as full and beneficial a manner as the said Richard M- Hoe would or might have possessed the same, if the said assignment had not been made by him. The plaintiff further shows that under the provi- sions of the amended charter of said association | the subscribers thereto have no power to take the | property and effects of the said association out of the hands of the said Committee of Management. That if a meeting ef said subscribers and share- holders could be convened for that purpose, they | haye no power or authority to elect more than seven | members of said committee, and fourteen members | of the Committee of Management who have com- | mitted, and who have threatened to commit, the waste and misapplication of the funds and property of corporation, will remain in office under said charter, and will continue to be a majority of said committee; that said Committee of Manage- ment having direction of the affairs of said corporation, will not institute, nor suffer to be in- stituted, in the name of the said corporation, against themselves or any of them, any action to | compel the said committee, or any members thereof, to account for, and make satisfaction to the mem- bers of said association, for the funds and pprsty thereof wrongfully, and unauthorisedly, and know- ingly, and wilfully wasted or misappropriated, nor for the abuses of the rights and privileges ef the shareholders therein; nor to prevent the said com- mittee from making the distribution, by means of a lottery, of the large part of the property of said cor- poration, which thoy threaten to make on the said thirtieth day of March, 1852; that the persons who constituted the Committee of Management, and who are defendants heroin, have the control of said corporation; and that no action to correct or to pre- vent the waste or misapplication of the corporate property or funds can be brought in the name of | said corporation; and that the wrongs done, and threatened to be done, can bo redressed only by an action by the shareholders in, or members ot, said corporation. The plaintiff further shows that he is greatly apprehensive that the said Committee of Management of said association will make such illegal and unauthorized distribution of the print- ings and works of art belonging to said association, by lot, or by means of a lottery, on the said thirteenth day of March, 1852, or at some time during the pen- dancy of the action, unless they shall be restrained from so doing by the prelimin injunction order of this court. The plaintilf,- therefore, prays judgment that an account may be taken of all monies recieved by John TP. Ridner, William J. Hoppin, Abraham 'M. Cozzens, Marshall 0, Roberts, Frederick A. Coe, Charles P. Daly, Na- haniel Jarvis, Jr., Robert. Kelly, Andrew Warmer, Benjamin H. Jarvis, John H. Austen, William H. Appleton, Evert yekink, George Tredwell, George W. Austen, . Butler, Henry Raymond, Erastus C. Benedict, William B. Deen, George Curti H. Russell, or any of them, or by nts ap] pointed by them, or appo for suid association during | the time the parties named have constituted | or acted as the Committee o! igement thereof, | for the use of the said corporation or association or which, but for their wilful default might have been received, and of all expenditures or appropriations made thereot. or of any part the That an ac- count of the losses and ¢ ned or incur- ved by the fund or property of said_ corporation by, h, or in consequence of any imy or wi zed and illegal dealings or transactions of the pdants ov fthem in the name of said jon, or otherw th the moneys, lands and . B es } muniment | tion. Pthe said be taken, nda them, as ; ike good the same, may be Viable to. make good’ the same. may be ively ed to pay the amount the: y be taken of all the property de ts ofthe said corporation, and that a suth- eof the sa cient part of said property may applied in which have t «| liquidatiy the debts and existing habilities Aces UPON . | of said corporation, and the residne secured ims ag. r its benefit, so as to protect the just righis aid debts the | and interests of the shareho in. ‘That themselves unable to sub- | for this appointed scribers ember Ifands for that | to take ; purpose, and hay ind requested the | property and that the defendants ahove named, hoof them, may be ordered by the court to di r the proper », and all book nd that the said de j order fre way or nanner to be np in tor chance ietUPes, V property 1 said American Art under the nt from making dis the thirtieth of March, 1852, as an- v published, until the furtiv ft the That it may be further adja poses tor which the sai 1¢ failed through duct of the defendants, and the debts and liabilities pun ants on behalf of the poration, the property ef said corpor may be disposed of under the direction of the « mnd its proceeds div he shareholders of tive rights and inter that the defendants 1 pay the ¢ ov that the plainti!’ may have further relief as the case may entitle hin to the court shall seem proper. Bensavin Ga Minn, Plif’s Att'y Cityond Couniyof Nav York, James Gordon | Bennett. of the said city, being duly sworn, says, that he has read the foregoing complaint, and kn the contents the aud that the same is true, of | } his own k pwledge. except as to the matters which are therein stated to be on information and belief; and as to those matters he believes it to be true James G. Bexserr Sworn before me this 15th day of ch, ‘oner of Deeds. Court--Do you seek an order for the dissolution ofthe corporation in this bill? If you de. I doubt sac O. Barker, Commi | whether the Court has any jurisdiction. | to be drawn out of the wheel or box | which contained the names or numbers of member at the same time ckets were drawn out of th» | wheel or box e¢ ¢ the tickets, with »umbers | | of works of art marked upon them, were declared to | have drawn or taken nothing upon saiddistribution, to have thereby forfe st in the property of drawings of said | Committee of Management of said as tion, com- sed of the said last named defene have pub- icly announced that itis their intention, and the ntiff, on his information and belief, alleges that itention, of the last named defendants, un- ined by the order of this honorable Court 1e personal property of the said associa- ed all right to and inte: jon put npat the vely. That the tion, now in the possession, or under the management | and contvel ef the said defendants, or the principal art thereof be distyibuted by lot or chance. and manner tery or game of chance, and in the tbstantially as above deseribed, among the subsertbers of the said associatio wh day | who are equally entitled thereto; that the members or aubseribers, or by whatever name the persons who have contributed to the funds of (he association, and who are now entitled to partic i therein, may be called, oxceed in number ton thousaud, and that it would by imporsibly to make Chow all partion to Whig Mr. Sandford—We suppose that that ix not a ques tion to he disposed of here. ‘The obje sent proceedings is to prevent. this distribution ad- of the pre- vertised to take place on the 30th of March. The further sdiee to he sought for will be tere of future consideration, and what extent of relief can be granted to shareholders, if the facts alleged in this | complaint ard proved to be true. Mr. Sandford next vead the affidavit of braith, several papers a Union, di bing the mode of distributing the works of arth y. a handbill issued by the institution. = ri advertising the distribution to of March, 1852. and affidayi Which preceeding distri Mr. O' Conor, cow for the defcndant« suppose that it is necessary for me to read afidavits in anewer to this application Oth | of March, 1852: that notice of said in- Court—There is a temporary injanction in this | tention is posted at the xooms of vocation, case. and 9 copy thereof is hereto annex ning apart Mr. O'Conor--There is: and (he motion to-day is | hereof. ‘That if the said defendants into effect to show cause why the injunction order should ‘hot such their intention, the whole of th sonal | be made perpetual, ‘ property of the sa ion, 01 er part Mr. O'Conor then read an affidavit ef John P | thereof, amounting in value to thousand | Redmond, on y of the institution, giving a short dollars, will, be and hecome forfeited, and will be | sketch of its history; that of Edward Sandford, who | | wholly and irretrievably lost to the great majority of | swears that, in I843 and 1X4, he was a mombor ef the members and subscribers of the seid asagciation, | the Assembly for the State of New York, and in 1847 a member of the Senate--that he remembered the application of the American Art Union for @ charter, and that it was well undorstood at that time by the members of the Legislature that the dis- tribution of pnintings by lot was part of the plan of Vue institute; Want of Josep Mouk, clerk ia the sec- Mr. R. M. Hoe, from whom his certificate of membership, in which Hoo stated that ho did not ex) to draw a prize ashe never had any luck. Mr. O’Conor also read, by consent of the opposite counsel, from the Art, Union Bulletin, of April, 1861, a paper purporting to be a history of the plan and position of the Art Union, written by Mr. Erastus C. Benedict, who has been connected with it as @ er since ite{foundation, and the facts set forth in which would be verified by the affidavit of Mr. Benedict. Mr. Sandford, on behalf of the plaintiff, then went on with his ent. The question he sub- mitted was whether the distribution by lot, which was announced as intended to bo made by the American Art Union, is 9 violation of tho laws of this State, and whether as such it ought to be pre- vented, and whether the putting of property for dis- tribution by lot or gamo of chance, comes within the prohibition of such laws. He should endeavor to prove that such was a violation of the laws, and that the apologies attempted to be urged on the other side were fallacious, and entirely inefficacious to take it out of the.operation thereof. In support of his argument, he referred firat to the provision of the Revised Statutes of 1880, page 666. The 22d section provides that ‘no person shall set up or pro- pose any money or goods to be rated for to any persons who shall have paid, or contracted to pay, any valuable consideration for the chance of such money or goods.” Now, have the Art Union held out to any person that there was to be a chance of Shisining @ portion of property in this way as a reason forthe money to be so paid. If so they have taken the first stop towards consti- tuting it alottory. The agreement with their sub- scribers is “if you pay $5 this year you shall have a chance, by means of public lottery, ef receiving a work of art which may be of the value of a thousand or may be of the value of only a few dollars; but you have a chance of receiving value far beyond the price you pay.” Section 26 provides that every lot- tery, game, or device of chance, in the nature of a lottery by whatever name it may be called other than those which have been authorized by law, will be deomed unlawful. The 27th section provides that no person unauthorized shall set on foot, promote, or deal in any lottery, game, or device of chance, of any nature or kind whatsoever, forthe purpose of selling or disposing of any lands, tenements, houses, orreal estate, or money, goods, or things in action; and on conviction thereof, the person £0 ea shall be subject to a fine equal to the amount of the whole sum or valuo so set_up, or to a fine of $2,500, or to imprisonment. Thus the law renders illegal anything in the nature of a lottery hy whatevername it may be called, other than such as have been, not such asshall be, deemed lawful. And the question here is whether this is not a lottery game or device of chance, by tickets on the face of which inducements are hold out for persons to become interested in the asso- ciation ; whether there is not held out as an inducement the chance of obtaining part of the poyuer ys greater in value than the amount contri- puted by each individual, and which greater value is to be contributed by the funds of others. Is not this ® part of the inducements in the machinery, by hich this institution professes to carry out its ob- jects? However benign, praiseworthy, and patriotic its objects may be, if it is invading the laws in the prosecution of these eae it is violating the public policy of the Statin holding out inducements of a gainbling nature; and however it may have been hitherto sanctioned by judges, counsellors, clergy- men and ladies—the highest authority—to a very great extent; and if public attention is for a time attracted to this species of gambling, and the illegal as well as immoral consequences involved in it are pointed out, and that the law be properly vindicated, there is no reason to doubt that the evil itself shall cease. If this institution can be carried on lawfully 1 co-operate with it as cordially as any othor citizen; but if it is carried on for the purpose of getting contributions, and holding out induce- ments to speculate in chance—which inducement, as experience has proved, consists in the over estimate which mankind always form in respect to the pro- babilities of their attaining some particular end at the expense of others less fortunate than themselves— and if it requires that element to carry on the work, let that work cease. If the enlightened public spirit will not lead citizens to TALS such small con- tributions as this institution solicits, without gamb- ling, then I say let the institution perish. It is better that it should perish than that public policy— £0. strongly marked in this State, that it has been established as part of our fundamental laws—should be subverted. Mr. Sandford then reviewed and com- batted the arguments ingeniously put forward in the paper read from the ‘Art Bulletin” April, 1851. All bis arguments rest on this fallacy—that there is no mode of giving parties who have & common proper- 3 hich is indivisible, their respective interests herein except by having recourse to lotteries. Court—Suppose the whole 12,000 subscribors, when assembled on the day fixed for the distribu- ion, agreed that the property should be disposed of by lot, would that be legal ? Mr. Sandford--Certainly not. They are prohi- hited by law. It would not be competent to put up the property to he determined by lot, because the law prohibits that mode of distribution. But Tsay besides that, the property is acquired for this pu pose, and the distribution is but part of the entire scheme ; and that parties are drawn in by the idea of its being a gambling a ietion, in which they have a chance of gain heyond that of the mon which they put to hazard. But to suppose e the case of parties who hold land in common, and ¢ e together on a particular day and sa. “We have each of us a fourteenth part of this house, and let us set up the whole to be won by lot one of Now, that is against the law: and the more it up to be disposed of in such a way ol aequired for that purpose, is neith # moral mode, any more than sitting -no matter whether by -e, or dhawing names, or playing cards. is exactly the same. The Art Union, ‘y scheme for the distribution of Y selling lickets which will be evidences of puttiy t hough n certain rights well as of a chance which is made part the inducement to buy the ticket. Richardson, in his dictionary, says that * lot™ is applied to anything used to’ decide or de- termine to bring to light a thing unknown ; and the word © | ry used in the sense as the w and Webster s sume thin This is not, therefore, an “allotment”? which gives a share and portion to each individual concerted: but when the mode of distribution is to give the whole to a few, and nothing to the many, that isg lottery. And we . therefore, that th proposéd distiibution isa deviee of chance and a tery, and plainly illegal. Counsel, in. con of his aygument. ¢ case of the Stur Wendell ne the » » Ch nio, 312; Vs. Paine: the people © contended iso that they re. When ehar- tering th aware of the no@ of dist Court lently it 1 the diovd=-Perhaps not. The Court will » ina) charter contuined no v d been no election of officers last December. on account of the postponement ef the drawing, to show that there could not be a sufficient number of members got to- iq through the excitement in witnessing ie gambling operation, which was the great in- ducement to becoming members. He submitted that the act of I844 didnot imply any sanction of that mode of distribution. The language of the act only veferred to the time of distribut But sup- pose the Legislature did mean all that itis said they did, was it within the power of the Legislature to pass such ay ? Counsel adverted to the fact that ihe SJnternational Art Union, established on the sane principle of distributing works of art by lot- tery, were deterred from carrying out their design on becoming aware of its iegality. and contended that the American Art Union was ina similar posi- tion: and that this lottery business was by no means essential to the support of the fine avt might he sold like other property ceeds divided among the sbarehol argued that the transfer from My, Hoe to the plain- tiff of the Art Union certificate rendered the latter. to all intents and purposes, a member of the assecia- tion. Judge Duer, at this stage of the proceedings. in- timated that it being now near 3 o'clock, at whieh hour he had arranged to hear another cause, Mr Sandford should conclusion of his argu ment Ul} 100% with the gravel ty Saturday. was severely handled, it vers present at the time of neer Jumped from the engine, ground than he was struck with a Limdown, He was agaia struck with » shovel, causing 9 revere yaeh on the «de of his head. and lett insensensible dlongride of a fence, A friend Gnding him in this situa- tion, wishing to put him out of sight and away from the reach of the enraged laborers, pushed hin through the AANA AAA ‘The Rev. Dr, Bacon's Lecture on the Eia- phrates, Tigris, and Nineveh, A lecture was delivered on Friday evening, at the fe} bermacle, by the Rev. Dr. Bacon, on tho rivers Kuphrates and Tigris, and the ancient city of Nineveh, aud the ad- jacent countries. ‘The lecturer, after referring to maps of Asia Minor, aald that they would observe tho locality of the cities of Babylon, Tyre, and Antioch (the capital of tho Assyrian empire, when under Alexander the Groat, aud woll known iu the Scriptures and in ancient history). Christianity, three hundred years after its commencement, became the religion of the Roman Empire, and obtained s lodg- ment beyond the Euphrates through the medium of the scattered Jews. Tho Christian religion, from the begim- ning, had atendency to corruption—not in respect to the religion itsclf, but in reference to its professors. Their ambitious desires rendered that corruption inevitable. ‘Thus many of the early Christian churches, while they confirmed the divinity of their origin, exhibited corrup- tion. About six hundred years after the introduction of Christianity, Mahomedanism commenced ita rapid carcer within the radii of the neighboring countrica; and tho Saracens established a new empire and religion. They were conquered by the Turks, a barbarous race. ‘Thus there had been produced a new race of destroyers; and barbarism bad made the richest of countries doso- late, and they were not now reckoned as belonging to the civilized world. The Arabic and Turkish languages had each its sphere. The sacred lan; of the Maho- medans was the Arabic; and Turkish was spoken by the high officers of government, and generally in all the more northern and western portionsof the empire. At the period of the division of the Koman empire by the Emperor Con- stantine, the eastern portion, with Constantinople for its capital. became the seat of the Greek church of tho resent day, Which numbered about seven millions; and 3 the western portion, with Rome for its ceutre, was founded the Roman Catholic church, The Dr, then al- luded to the various sects of Christians which existed. Tho Nestorians were reckoned at about 300,000; but the principal body was the Armeniana. They held the me- ryosophite doctrine in regard to the person of Christ, in opposition to the Nestorians, who held the doctrine of the divine and Liman person of Christ. They wore the remains of an ancient people, once an inde- pendent Christian nation. They were dispersed, like the Jews, and numbered a million and a half, Arme- nian merchants might be found from Vienna to Cal- cutta, The Greek church was deficient ine moral- ity; and the Roman Catholic church in Italy, Franoe, and Germany, surpassed it in learning and influence. He embarked at Beyrout in company with some mia- sionaries and their families, and ‘in their voyage along the northeastern coust of the Mediterancan they pussed the ancient city in Syria, now called Tripoli, and Selucia, now called Swabia, to the mouth of the rivee Orentes—the port from whence Paul and Barnabas sailed when they went as missionaries to the church of Antioch; and ‘in the distant view was Tarsus, the birth place of the former apostle; they entered the harbor of Scandaloon, and arrived at Alexandretta, called after its founder, Alexander the Great, not a vestige of which now remained. They pursued theic route ulong the same path that Darius did after his re- markable defeat by Alexander, which was known in ancient history, as the Gate of Syria. Under any tolerable go- verpment, those countries could not fail to rise, but under the government of the Kurdistans every man was 6 robber. They next arrived at Aleppo. a city inore ancient than Antioch, being the one mentioned by Kzeikel as tribu- tary to ‘Tyre, ‘and which contained a population of 20,000. Around the adjoining country there had been many vine- yards, which had been all destroyed by the Mahomedans, as their Koran contained a ‘ Maine law." At present, it was one of the chief cities inthe Turkish empire. The grand emporium of Northern Syria was Damascus, but Aleppo was far superior in appearance. The beauty of Damascus consisted in its beautiful gardens, and its bazaars abounded with every variety of elegance and wealth, The arrangements in tho interior of the dwell- ings of the higher classes were exquisite. Aleppo stood out on a vast plain, but was well supplied with water, and was commanded by an adjacent hill, on which was erected a castle. The buildings, although in the Oriental style, were substantial. About a year and a half ago, there was an insurrection in Aleppo, caused by the conscription, the effects of which were atill vi- sible in the streets. These insurrections were always at the commencement disastrous to Christians, but after an investigation, the Mahomedans generally suffered. He saw in Damascus an American cotton gin, invented by Ely Whitney, in full action; it was the only one to be found in all Asia Minor, and waa imported by one of the missionaries, at his own exponse. The manufacturers at Damascus spun their cotton by means of instruments quite unknown in Manchester or Lowell. Damascus, a few centuries ago, was in advance of Belguim, France, Italy, and England in design and manufacture of fabrics, but at the present day there was nothing of the art to be found. Turning northward they next came to the city of Hein Tabb; this city was little known, and had never before been visited by an American, other than a missionary. The inhabitants of these cities wore in a state of poverty and degradation, and there was aconsiderable hatred towards Christian strangers. Two days journey brought them to the Kuphratea—upon which the lecturer passed a eulogy for its antiquity and connection with sacred and profane history. The silent and turbid stream had divided two regions where no republican government had ever been organized—a river upon which cities were built long before Cecrops aud Romulus respectively founded Athens and Rome. They crossed the Euphrates at Beerheizee. a city which rose to a considerable height, and was commanded by a castle and fortress. and where the river was about the width of the Connecticut at Hartford; their boat was of the clumsiest construction, and the passage, in many respects, disagree. able. The Euphrates was navigable as far aa Bussora for vesvels of fifty tons. and for a small steamer all the way from the Persian river, Tigris, and was navigable for vessels of twenty tons as far as Bag- dad. The country between the rivers was the Mesopo- tamia of Scripture and ancient history. This was where the Garden of Eden was placed, and the Paradise of our first parents. ‘This country wasan extended plain, broken by undulations; there was a general resemblance to our prairies. and at that season it was covered with herbage. This territory bad never been subjected by the Romans, Augustus declared in his will that the Euphrates should be the boundary of the Roman eipire.and enjoined the ob- servance of that policyon his successor. IHissuccessors made temporary eonquests. and when a province of the upper part of Messapotamia was added tothe permanent Roman empire, that was the only exception to the remark that the Euphrates was the boundary of the Roman empire ; but it made no permaxent conquests. Selucia, inthe southern ¥ was built under the dominion of the great Assyrian monarchy, as the successor of Babylon, and near to it. ‘There was something approaching municipal freedom in that city. The population of these districts were wat dering tribes, with here and there a permanent vill it compri Turkomans. Kourts. Arabs. and some nants of the ancient races. The whole country was in- ferted by robbers, and travelling was extremely dan- gerous, Having passed thi near the tract cf county known in Seripture the Ur of the Chaldees,” to Diarbekir, which pre- ®, With its minarets and together with its irregular features, apd the East, with’ their adjacent gar- 1 the interior of which dixap- pointed after a dist view, there was not a‘little gran. deur in the interior ‘There were somo extraordinary specimens of Saraeenic architecture, ‘There were fifteen thousand houses and sixty thousand inhabitants now descended to Mosul on rafts. The Tigris was a andrushing river. The rafts on which they ended (and this was the only way in which the river ited) were made of poles attached to inflated similar to a life preserver. After once going down the y there wae no getting back—no turning round. The banks of the ‘Tigris were most picturesque. There were high chalky cliffs, upon the sides ef which t and inaccessible tombs, and long (ill preserved) were cut in the soli moeques epowy mountains in t dens, Unlike most ‘They goatskine. | Which must bave sw any of the bridges ebanks the N nt and magnif In one of th Europ, had veh They now alighted remains of city of Nineveh, Assyria and = Nineveh a to have been di- Yided into two great eras, remote from each other, Nothing hed beeu known of Nineveh since the year 2500 BOC. until the present ti west of the Euphrates was mark: ‘There were to be found vast may the remains of magnificent stra banks of th ‘The country ar features t nd marble, ‘This part of the un vis Was marked by many mounds, having the appeormnee of natural elevations. — ‘They wore supe pored. by Xenophon. who saw them wien he w: t- ing the famous “retreat of the ten thousand,” (401 B.C.) to be the remains of ans these mounds within a ¢ ianpossible to explore the «i nd plundering There were four of rty-eight miles. {t was nsequence of the fanati- opensities of the Arab tribes. Mr. yard hac partly excavated one of them. and was aided by Mr Potte r. the Fren Consul in Mosul, but was unabie toobtain any assistance from the British governm Some of the sculptured ruins had been placed in the Lou in Paris. and the Museum in London, ‘There were found th remains of two palaces, which furnished proot that they had been destroyed by fire: and it was remarkable that it hac been secertained that one of those palaces had been con- l partly with the remains of another and more ancient one—thus proving two distinct epochs. ‘There haw been two Ninevehs—the ancient and the modern. e by tide, ‘The mounds opposite Movul were the remains ci the city of the lattor age, and the mounds at Korsobat aud Koninehee, of the former, — He (the lecturer) found himeelf surveying the remains of a calcined palace, which existed when Rome was bat (wo hundred years old,—the dwellings, probably, of Sanacharih and” Sardanapalus There he observed the human-headed bulls and lion- headed human figures, and the representations of battles. ‘Those images were symbolical, and of majestic mein, and indicative of all that was powerful, and were capable of awakening strong religions feelings, ‘They were not like the Hindoo carvings or the Greek and Roman statues which were mere human figures. — Notwithstanding the effects of fire, ey ace Was preserved. It was apparent thet these cities had been suddenly destroyed, and in that history was confirmed “much that yet remained to he ex lorations wore slowly time must hore’ (Tenn.,) Demo- similay to the cold plague broke of the Rey, Win. Reed, of Washington hich three of his children died within » few hours after they were atincked. A fourth child was at (neked With this mysterious disease. while returning from the funeral ard died shortly afterwards, Medical rome. dios appear to have no effect atdown # hill to nereck. ‘The action and regaining his feet, he prc to crora the creck on the tee, te was dicovered hy a orers, ond they instantly «et off in pursuit of him, but while crossing ‘the creek the ice gave way under them, aud they were unable to continue the chase. The engineer reached the house of a friend, pro- ‘ sen & horse, oud came up to Uroenbush —Alany vlan, Tie Ones PErrkerionters, of the Circular of the Oncida Comy be understood henceforth that ‘and all associations con ~The last number inity saye—" Lt may Oneida Association, its ae frou nnd formally es. ality of the world, nibmaitting MALCOS AMA oak ciotions Of neciet ye IAW Om (fale oytyeot