New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-06-15

Doeso VI hOec Oonpany NO. H. kno LDtac OohPa1y
No %. Concurred in
RssOINtiOas-Thst the pump in Cherryst, near Gin
ton, be repaired Adopted That DaAnest fron Broad.
way TO Centre he lighted with gas Adopted Tbs,
the pavement corner Of BIeecker and Car
minest, be relaid. Adopted
The Board adjourned 30 Tuesday afternoon
CIRCUIT Before Judge Ed
vsrds-AhnOn Far sgst he u S MIa Steamship CO.
This case was called on fe weeks since and patty
proct eded in but withdrawn for the term we believe
On account OF want oiime Iis brought by passenger
IN the Law Roberts line OF California steamers 70 re-
damage for alleged unnecessary de'enrion being
supplied with bad and insufficient quantity Of provi
stone, and deprived Of bis berth by reason Of Ezter
coming In, compelling him 70 sleep deck-in cOnse-
quence Of which he became III, and was obliged finally
10 return 70 NewYOrk
Mr. F{urchased steersge through ticke, for CsIifor
MA by way OF Chaes and Panama ia sailed in the Ohio
April g. 1880 which vessel stopped at Havana thence
ton Orleans and back 10 Havana where the passengers
wereuaDsteuee tOtne Georgia he complains that very
many passen gers (soOut 9OU were board this
vessel thsp should have been and that but about forty
could get At the table at time and that plaintiff, owing
70 his indspOsion aforesaid could get table
(being preceded by those healthy and srODg) till
nearly everything had been consumed and wnat was
left of character that could not he eaten, being
impure and un vholesone food, and that the steward
and other ofcers refused % give him any aherwsrd
saying thst he ought 20 have 10 the table before
Plaintiff charges, that be should have been conveyed
Immediately Chagres which is about , 800 miles from
New-iork, and would have occupied a steamer ABOUT
eight or ten days whereas he taken to Havana and
New ORLEANS previously and did not get to Chagres all
till the Goth day In connection with this point he says
that an expedition under Gen. Lopez had landed and
taken possession Of Cardenas Just before the arrival OF
the vessel at Ohio and that said ship was Vigorously
watched and placed under the guns Of the Moro Castle
and that plaintiff could not 90 on shore-lthis was de-
nied) He also charges that at Chagres he was com
pei ed to lard the vessel being three miles from
en- Dofcl nj "A rain
exposed to great danger and suffered, In addition, in
suit from those engaged in landisg him
Ii Is also alleged that the way ticket was worded
that the passage from Panama should be Ia the
Sec nd nip OF the steamer Columbus and that de'en-
dents knew that the Columbus could not (as she was
not be at Panama in time to receive then-taat they
were detained aud subjected to great exposure and dill
fculty. The damages are laid At $1,000
In defense the various points are denied IL Is said
THAI plsnt knew the passage TO Chagres was to be ~
the way of Havana and New Orleans Also. that good
navy raOns had been supplied and every thing done as
agreed for. The case is on.
SUPERIOR COURT Before Judge BOs-
worth-E SR Rich agt Joseph H. HHsson, implicated Nth
Rdrard Lyneh-Tnis case was tried before and YER
dict given for plaintiff bat trial allowed Plain
tfs furnished quantity OF copper stills and other sr
ces for dsery at Brooklyn, 10 hands OF Mr. Lynch.
They not paid for 1t is claimed that Mr. Has,on
who is a counsellor At law a partner with Mr..
Lynch in the d,tery, and action is brought against
him for the amount He denies having been partner.
The case is on.
Geo Cdpfeld sgt- John b. Diagledien-To recover
damaees-smOunt laid at S5,OOO-fOr injury Ia being
run over during collision OF two omni1uses belonging
tn Mr. D. being the sixty rstst and Fulton Ferry ne.
Plaintiff alleges that about O'Clock on 29th Nay,
1851 as be returning from his work IN SlNy-sec-
copds ct, 10 his home in Avenue A, near Elsventnst,
be observed a stage OF defendant and was about
getting on the top Of IL, when another stage came
came up, struck sgrnst that on which pltlnnff was.
threw him between the two, and the hind wheels OF
each ran him, causing TO him very severe Injury
The defense il that Is stages bad been hired OF de-
PENDANTS 10 convey (4nd return regiment OF military
TO Yorkville-hst coming back, two Of them tel be-
bind and the others stopped to walt for them-tdt
plaintiff then, withou, permission, attempted to climb
up on one although IL filled, and one OF the others
coming up, accidentally struck against it-and that
plaintiff was injured it bis fault in attempting
to get on the omnibus, &c. To be continued
SUPREME General Term-De-
CT ions-The following some of the principal
points 10 the decisions published on saturday.
The PEOPLE sgt The AmeTicGH Art UHtoH.-The object
of the Institution, shown by its Constitution, was THAI
the Managers from the proceeds OF subscription sn0ud
purchase such works Of Art executed by artists In tue
United States or American artists abroad, they might
think worthy OF selection and asthe state Ot the tressu
~ should waTrauttO procure, Tor each member, An
original engraving from American paintng, together
with other similar work of Artesch member also
receive copy annually OF Magazine called fhsb M
lain Of The d1saoaH AT Jhi0stne Gallery Oi the AS
m,
be xbibiteo all srit-ble tmes open 10 the pub
Ic-the works of Arr, OF paintings, purchased during
the year, should become, by lot publicly determined tue
~ Opefy Of individual members. Inc SUBSCRIPTION was
IS wear and the object encourage arts anc ARTISAN
the States the receiving, independent OF the
paintings distributed by lot an equivalent for the 50 IN
the engraving, magazine, &c. Judge Edwards, alter
ststrg At length these facts, considered that the nsu
ton analogy 10 lottery intended u be rscroed
by the Constitution the latter being nNed sums stated AZ
prizes bearing eat disprOporton 20 the money paid
tfv a tnfi and
large from the proceeds avo@edy reserved by the
managers neither does II within the Law entitled
"Of Rafting ana Louenes,' which was intended, no
doubt 10 refer 20 rallies matter totally different from
THE where the party receives what IA set up or nothing
He also showed that Constitution itself provided for
drawiIg by lot in the length OF term dnde the Con.
stuiion If 1871 for which Senators should al first I'D
Office and asoin the Constitution of 1910 in regardto
The fret tenn of Judges of the Supreme Court IL Is al
60 a mode adopted In the Partition OF estates, &c,
showing that distribution by lot Ia certain cases
IL not necessarily analogous 10 the lotteries contempa
ted by the Constitution The Judge after referring
these and other points considered that the Art Union,
by the mode of distribution Of its paintings, violated
principle Of the Constitution tRe law, and that judg
ment should be IN is favor.
Judge Mitchell Judge Roosevelt cOncurring in opn-
ion with bn) considered that II was analogous to lot
ery az the institution prOposed 40 part OF the induce
ent 10 the payment for share that each sh are should
entfle its holder 10 chance of obtaining Of
Der of valuable paintings which should be- distributed By
lot" The lottery |. no less evil because a large
proportion Of the pohts are a. Do apphed 10 good par
pose II this diet lbutiOn by the ArtUniOn Il Conu
tlional church might be- built by lOlery, Nth 1900
shareholders OF g each each u whom should receive
some religious book but " e the Psws, amounting To
sot 200 800 could be- distributed ~ lot among some
200 or 800 persons Who would have the luck Of draw
ing the przrs Charitable In stituOus could be found
CO. and academies and colleges on the same principle
Ia the fret Gaze the more lucky parties having the
elusive privilege Of sending their needy friends
ceive The benefit Of the charity and the latter the for
tunaie drawers OF prizes having the privilege VI sending
scholars to be taught aud supported vtnout charge.
Partitions Of estate, &c do not come within the rule,
there the parties already ewn, and there must be
mode Of division the mode OF distributing the paint
ings comes within the law to railing AMI lotteries
which not only forbds any money, goods, chaaels or
things In action being up be rallied for, bu. also
iorbids pers0ns setting them up, or proposing them
be distributed by lot chance any pc who shall
have PAID any valuable consideration for the chance Of
obtsnir such money" &c. III this unlawful object
Of distribution by chance Of the considerations