The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-04

long postponed decision Of Judge
Duer in the Art Union case, was given yesterday, |
and win be found in law reports this morning.
II leaves still unsphynxed the riddle, sis lottery
a lottery, or is lottery not LOTTERY Judge
Duer distrustful, it would seem, of his ability to
render proper solution of this knotty question,
shrunk from the task Of doing so, and took refuge
under one Of those many lodges and bubbles of tho
law which make that venerable institution such
fine field for parties lawyers, and judges, indulging
in game of hide and seek. So, the learned func
tonary who tried this cause, and listened with SO
much commendable patience to the long-winded
and ponderous arguments with which counsel on
either side bult up his position, walked up at length
from his somnolency, yawned rubbed his eyes,
and after the expiration Of fortnight, discovered
at length that there was cause of action before
him, and that the learned arguments of thelawyers
was so much breath fruitlessly expended
Well, this case Of the Art Union seems destined
TO exhibit the admirable features of the laws, law
yers and Judges Of this State in the most ludcrous
points of view. It enables to have a clearer per-
ccption than we ever had before of the beautiful
working Of the codes, new and old, and of the
prehcnsive ntellects of those who charged with
expoundipg them to the people and carrying out
their provisions Judge Duer has virtually acknow-
lodged his distrust of his ability to decide the
grave question on its real merits; but we are yet
to have the piercing rays of another judicial intel
lect brought TO bear on it. The District Attorney,
who, his side, has been also illustrating the
beauty of "the laws delays" will take up the
question next week in the Supreme Court, on a mo-
tion TO confscate the property Of the Art Union to
the people of this State: and, perhaps may have
chance Of learning, on the authority Of ono of the
judges of that court, what we have been SO long
waiting to have legally Observation-Disclosures !" lottery
is lottery, or is not lottery
In the absence of all ordinary light proceeding
from knowledge Of law common sense our judiciary
ought perhaps to have to the spirits One of
their brethren, in the country, and who has be-
come somewhat celebrated for the progress be has
made in spiritual science would, of COURSE if soi-
cited put himself in communication with the spirits,
and might prevail even on the ghost Of Q1dipus to
put his old riddle-soving abilities into operation
once more for our benefit, and to save the reputa-
ton of our wise men learned in the law. Or, if their
brother is churlsh, and wishes to keep to himself
the benefit Of spiritual communications the judiciary
might wait in body on the Misses Fish or the
Misses Fox, and enlist their sympathes and services
to get them out Of their present fix.
In the mean time, the temporary injunction re-
straning the Art Union from the distribution Of
their pictures, is dissolved and they at full
liberty to hold their lottery provided for in their
constitution. They ought to make the most Of this
opportunity, satisfy their subscribers by carrying
out their original design, and aroid the interrupt
tons Of the law, which, in some of its eccentric
freaks, may soon put the ban on their operations
again.
WHAT ARE THE LEGISLATURE DoING?-They have
been very busy, for the last week, doing nothing.
They have been trying to pass the Maine Liquor law,
and trying to do many other things. The only
thing they have succeeded in doing, is to
the plunderngs of the canal lettings. But even in
that they have been only partially successful, and
exhibit at this moment, the rather ludicrous posi-
ton the ostrich hiding its head in the sand the
bush, and imagining that it is not seen by its pur-
suers while the rest Of its body is exposed to vcw
and presents huge md easy mark for the arrow or
| the spear Of the hunter.