New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-25

ofhe Recorder, DeIs proce ed 70 read the remxks
Of Hon. Thor as Wise. (of Waterford. Ireland, J
ron published pant hlet OF debates had 10 TIE
Hitsh farlisment, 10 support OF his sis ss ant
coIt,ncse that wher. the most s.rIngeat laws I'd
been parsed so TAR back 1926. by which the gen
efai policy adopted was TO discontinue them alto
ee.nsr ana where this vi" tse vel established
oprlcu OF the most mncpt and respectable Judicial
an.ncrlrts IN England, Scotland. and ireland, ss
vel as leading and distinguished lawyers and
Juoets here, J, could not be coptenced that
the All Union, II Illegal would be allowed to erlst
upto me present time, IN the face OF Legis alive co.
ec'mebts or that they would receive the approval
OF me highest and most eminent in every stage Of
socitty Indeed. in Nes England he proved that
even mere ArtUnons received every encourage
Den', where society was always regulated bv a
csutohs, chasfe morality. He cons 1ered that the
case IN all Its aspects presented itself very strongly
IN theif favor. TIE common law, IL should be I'M
ceTstoco- was the common consent az TO the wisdom
snc opinion among our people. Its weight and an
tbof'y vas as great II il had origin ed 100 years
ago. aso to cay. His learned friend had talked
about the machinery employed in the operation in
turning wheel to cast these lots, but he might
wen TAX OF knife as an instrument by which muir
der Is often committed. Indeed, this very kind OF
wheel - often used, and every day to select twelve
men on Jury. who are to decide UPON the life and
liberty of citizens and they must have got it from
he county Clerks Obce. Laughter
Mr. Sanford briefly replied to the arguments of
MT oConor, upon which the case was fully sub
nltteo TO the Judges decision.
The Court intimated that he would not be able to
decide on the by the 3O.h inst, and Of course
the injunction was to continue until the decision
should be announced.
AMERICAN ARr-UNIoS.-The Recorder
of this City having in his decision in the recent case
Of The People, DC. against James Gordon Bennett! ex-
pressed the opinion that the distribution of works
Of art BY the American Art Union was q violation
of the provisions of the constitution and the
statutes of this State respecting lotteries and the
question OF its legality having been made the ground
Of much discussion in the newspapers and of legal
proceedings, the Committee Of Management have
submitted the subject to Hon. Samuel Jones, for
his examination and opinion As many of the sub
scribers Of the Art Union have felt apprehensions
with regard to the legality of the institution and
its future operations, in vie Of its present cireum
stances and DESTROYS OF correctly understanding
It's position take the earliest opportunity Of CON-
municstng to them the opinion furnished to me last
evening" of this eminent Jurist, who was for several
years chancellor Of this State, afterward and for
nineteen years Chief Justice Of the Superior Court,
where he remained until elected Justice OF the
Supreme Court, sitting in the Court Of Appeals,
during a portion of his term, and who, after a
judicial career OF twenty five years. retired from
the Bench and resumed his practice at the Bar in
this City. These facts though familiar TO citizens
of this State, may be less familiar TO subscribers in
other States and will enable the properly to APP
preciate the views and conclusions stated in Judge
Jones' opinion
Itake this method OF stating, in behalf ofthe Com
mittee OF Management that the argument before
His Honor Jsdgs Duer In the injunction proceedings
instituted by James Gordon Bennett against the Art
Union, WAS concluded this Gay. Inc decision OF
the Court reserved but may probably be soon
announced. Unit this decision, any further action
on the part of the Committee of Management with
reference to the Distribution Is OF course suspended
the injunction beng yet in force In the event OF
a favorable decision and the dissolution OF the In
Junction. the day of distribution will be forthwith
announced A. NJ. CozzENs, President
NsH- York, March "a, 1852.
Opinion Of Hon. Samuel. Jones -Ihave examined
the original Constitution OF the Apollo Association,
made IN 1889. providing for distribution Of works
OF art by loi among the owners the ACT ineorporai
ing said Association passed May TIN, 1910 the Con-
stituiion and Bylaws made in pursuance thereof
the Act changing ITS name to I" The American Art
Union, pasred January ~, 1874 the Constitution
and By Laws m de in pursuance thereof the Act OF
November, ls47, and the Constitution and By Laws
made in pursuance thereof the PROVISIONS 10 the
State Constitutions OF 1921 and 1896 prohibiting Lot
teTies the Revised Statutes agalns Railing and Lot
tefies. and the Act against Gambling. passed July
TO- 1881, ard am of opinion that the American Art
Union is not q Lottery within the meaning OF the
Constitution and Laws OF this state that the dis.
tbutOn by lot provided for IN the Constitution and
Bylaws OF the Institution is not lottery within
he me anips of that term a. used in the Consttu.
ton. but 10 proceeding which the Legislature had
full power to authorize ard has authorized, by the
In my opinion neither the Institution, norths pur-
poses OF it, arc illegal but that the same, and Its
Constitution and Bylaws, and the distribution in
pursuance thereof, are authorised by Law
NJ. Cozzxrs, ESQ President American Art. U MON.
Nssp- York March %, 1852