New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-24
COURT PROCEEDINGS.

COURT PROCEEDINGS.
THE INJUNCTION OF THE ART-UNION. -
The argument of counsel for plaintiff was concluded
a little after IL O'Clock yesterday, in Chambers
Superior Court, before Judge Duer Mr. CHARLES
O'CoNoR rose to reply He said: II your Hoaor
plesses, this motion, and the several proceedings
foot against the Art Union, require the early
action of judicial authority, and shall take leave
to devote but very little time to the minor and formal
questions which have been presented on this occa-
sion and not make any technical or formal objection
to the motion now before you, which may have some
tendency to develop the substantial merits OF the
controversy. believe the judicial history OF this
matter il sufficiently set out in the afhdavts that
have been read and in the defense set out by coun-
sell Ii has been set cut that James Gordon Bennett,
having no interest in this Union, took occasion to
publish certain articles In relation TO 1t, which were
far deemed injurious to the character OF the So
ciety that the Grand Jury indicted him for libel
Some time ago this indictment was quashed, and by
a strange decision Of the Recorder, it was at the
the same time held that the Art-Unon was illeg al
While that motion under advisement and be-
fore decision had been made on the goth OF Fsorua
~ Bennett by way OF carrying the war more eiiectu-
ally into Africa, purchased IRON Richard M. Hoe his
ticket as one of the members OF the Union Hoe had
the power of selling, and Bennett, by thls placed
himself In the attitude Of being as offensive men,
Der OF this institution as he possibly could AMI 90
lot know that this purchase was made, James Cor.
don Bennett having any apprehension that his mo-
lion would be granted. He may be LED TO thiak so
from the ooserv atoms Of the Judge, wac gave his
opinion before the motion was made, as no seemed
Cetermned to go further, after getting fi1 OF tue H.
bel On the 9th of March, his motion 10 quasi the
Indictment was granted, and for reasons that must
be Satisfactory to every lawyer except as TO the
conclusion. l don't see, however, any warrant fog
the conclusion That opinion was announced TO the
tn lts nnh ma
of The Heraid. Tbs institution fouIshed and lived
in our very Djdst, with tae approval Of public law
Eminent citizens went there, and even some OF the
iates upon the Bench of that Judge were con-
necsed With ~ This very formidable opinion, nov
ever, gave rise Immediately 10 action, and the
Learned Disict Attorney fell II his duty to &C. I'M
del tie clause in the statute OF 1880, which subjects
offenders under such clause to forfeiture OF all
eoocs belonging to lotteries" and gives power TO
Tssiian ana prohibit them from
Comt-Has this Injunction, been quashed!
M OConor--NO, Sir. We therefore require your
opinion the more In This case say the Dissrict
Attorney, Mr. Blunt, although he had vefy recently
give very strong proof tina. he entertained no such
oplplon- for at the very last Distribution OF these
piizes, Mr. Nathaniel unit, under the supervision
OF the Mayors of New York and Brooky N, ofhciated
"a olst,lbu or of the prizes himself Loud lGnshtor1
That is the FIRST act, laughteI,l and the second Is
BeaItus embarkation upon the matters OF ii'isa-
non in this Court through the IS which ne gave
TO Hoe. lLaughteI.1 II this distribution wrong
|. ard unlawful, 1t is time that 1t should be
| prevented. Ii not wroDg, and Ii 10 snoTn
that 1t exercises as 1t was designed for benign IN
y, MED by James GORDON Bennett through his share
purchased from Hoe. tLaughterl No, ous on the
contrary IL should be permitted to proceed II APP
| meals by the papers that Inc oistfioulon oil me
| rclets BY the Art Union has been suspended until
| m, sOth inst. l shall eoDhue my remarks and my
object is TO have the Advantage OIL your honofs
| o,lnlop before Saturday next. IL extremely dc
siiaole that We should have 1t, because Know 40
luGlcla character the county IN the present case
ina. could have greater weight Issy this irrsspec-
tive of ycuT personal and JUDICIAL charscssi oat 10
reference to what are informed In the history OF
| The psst. You happened 10 be among the gentlemen
esepsipg the councils OF this STATE In 1871 wnen
| tbete lotteries were gGroted lLaugn'crl io1'
With Chancellor Keat, Chef Jusnce Spencer, Col
| Young and others both knoTn In equity, In common
| Law ard politics. You, among tho most powerful
| \, d able men ofthat day, were present
When ,hey found elves opposed and met, they
combsttec and successfully defeated most fOrDiia
ole aiisy that opposed 20 them ana tnis having
| occurred in the ccuncus o! tbs slate, Win winch
| yorT Honor had connection, no man can SesoI I'm.
oerst.rd the true provisions Of this law than your
Honor or can instruct better as to what was the tnns
called lottery and whst the thipg they call ioisery
AS far astse parties are concerned me case comes
b, TO- YOU purely BY entndeed II may DO SAID
that comes here by sort OF lotery, liausnterI-
under the chance Of direction. las fortunate, snere-
| one, that 1t has GENE before your Homo, even oy
ec,tept for 20 indyicua better inform US upon
he matter to be laid before you-tnst we have the
aist null hearing In this case before Court waco
must be deemed the highest authority. There ~ouio
|
or early period nt-is case II Il came before Joose
10 whom the p,incpes involved were hoveities-
VITO lad no stcfe OF information, no recotecsions
! o, study 10 guice MIN such maa may hbd sacn
cficu.iies as The Recorder IN arriving al conciu
| sion 1 trust, however, That ~e snail ana &c are
reht in this case, IN IL notNithstanoins me VI
sor ale the talent empose d against u.s. snat me Ai
lui,u Will flourish sOong Us, 81 that James rsfson
Bennett If he draws Prze, VIII not DC ehtitiee 20
| ops-not because OF its LEI atty but because ne VIII
ot re epiit ed TO il FROM MS act First AS 10 tao al
,s,d illegality N net hoicing tce election on the
4 ,rsular cav That has ROT been srgued Al me OPP
pos,e sce at all, BY the learned ccunsei. IhsIe rs
= tsrsysl statute upen this. Second. mat 'ae aQ-
! plca,,on of the fumes Is Illegal. Inc cnnse IN
4 Tins yttrtcy mace the most vague Sn1 me
! eo,,e form We cant tell Of ~has application tney
| complain, this charge Is 50 vague ana Ih.ensto
! Ia .yery respsct There is no thacow OF prvo' as
"a he fact that is ale sed, ard which IS AVER OF
! law sreN therefore dispatch this ana come ~ Ius
,hn6 point namely had no risntto Iarass
| n,mstlf into their Sccleiy as all he a;qnie1 u,
rsht 5y pay ing his IS 20 Hoe NOW, whas - ousfod
~ ,rpport of thisf That Bennett got an interest," on
snd because Hoe go. ~ irterest Now, taisS Heas-
nv II he sane a. Joint stock IN which corporation
s,Sek is ,restec as property, ana Sole rom nHHu W
b. nd THIS custom has become the CON mon ~"
nssspse IL 10 the natural understanding that SHARES,
/ uls,,y.r they may be can he disposed oil at plea
/ size Wei, 10 prove tina, TINS Is common .a",
| ,,ks Ibis csse TO be altogether naPpncse,e 70 .io
,s,,spt case. An iustieSon LIVE the ART Y hioa nss
/ c!sar title, disiinct from thai OF G 'fpofeNo1s-
Thex are fern, undsr circumstances wnicn teoes'
,.,iy uresuppose incivtdrai interest, disfinct IoN
nose s,r5er which 'fis Society 10 formed. l says
/ !. ss.rs IS common a~ authorize the fosns-
iion OF such ccIporsiiens. thss comnon a. ~ ~;,s.
| pss Al o,ber comToa laT, aDd owes ~ eAss-
| - ~. hxn,t. n, man. In relation 10 hrs cor