The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-28
The Art Onion Stan n Trouble-' Lottery .
Greater Puzzle than ever.

oreater fuxLle imam ever
Contrary to our intimatons and hopes, the in
junction on the Art Union has been continued by |
Judge Duer, win appear by the report OF the legal
before himyesterday, inserted elsewhere
in our columns No distribution of the splendid paint
ngs Of this concern viii take place the day desig-
mated in their last bulletin, nor is it possible to tell
acty what will take place, if anything will take
place Judge Duer seems to be more puzzled than
on the constitution position and character of the Art
Union and the great features Of its past history
that Of revived species Of lottery gambling, mo-
nopozed by them under the charter granted by the
Legislature.
As far as we can understand the report of the
legal proceedings, it would appear that Judge Duer
had made up his mind to dissolve the injunction,
without touching the question Of lottery gambling
at all, in respect to its constutionality; but this
lottery business is such puzzle that it throws the
best balanced intellect into confusion and disorder
The Judge could not enter on the question of the
constitutionality of the Art Union lottery without
hearing more argument, and therefore postponed his
decision, re-affrmed the injunction, and leaves
the matter for future adjudication. In the mean
time, Mr.. Blunt, the District Attorney, steps into
the foreground the principal performer, and will
bring the whole question othe lottery and its const
tuionality before the appropriate Judge on next Sa
turday Indeed, we do not see very clearly why
the District Attorney did not bring up the question
on this motion yesterday. before Judge Roosevelt,
without increasing the delay, or keeping the mana
gers of the Art Union tenter-hooks; particu-
larly the ladies, who want the drawing either TO
take place, not to take place. We do not want,
plaintiff in this case, to oficiate any longer as
A Corf sfr andy
should like to see the regularly elected District
Attorney boldly step up, take the business out Of
our hands, and carry it through according to the
constitution, and according to the Revised Statutes
at large.
In the meantime the Art Union, and especially
the great question of the day, sis lottery lottery
or is lottery not lottery 2" are beginning to at
tract the attention of all the journals, far and
The most of our country cotemporarcs who have
thus far spoken the subject, seem to think that we
have queer judges and very queer lawyers in this
great mighty metropolis, if they cannot read sim
ply and plainly the provisions Of the constitution,
and apply them simply and plainly to to the pract-
cal affairs of life. Many of our country cotempora-
ries will, doubt, attribute all this mystery and
puzzle about the lottery gambling Art Union, to the
influence Of Wall street the perceptions of judi
cia minds others will think that it is impossible for
the judge of any court in New York to come to a
rational decision on any subject, when there are
many omnibuses running, so much noise in
Broadway, ssch number of cheap theatres, and
particularly such multitudinous quantity of
grogshops as we have in this city. Well we
must acknowledge the effect of all these an
noyances on the clear and rapid process of mind,
either on the bench, in the bar, elsewhere
in this mighty and populous city. In Judge Days
famous extra judicial opinion on the constitu-
tionality and legality of lottery gambling, there
was, indeed, NANTES. want Of historical
knowledge on the subject and more particular
ly still, of legal knowledge even to the his
tory of similar institutions in England. But the
errors and forgctfulness of Judge DAY. in his voun
teer opinion on the legality of lottery gambling,
may he attributed to the noise and confusion, and
terrible work that we always have in New York, and
net to the natural clearness of such mind as he
possesses, were he drinking daily from the clear
springs Of country life. As to the other opinion
Of Judge Jones, il amounts in appearance to
certificate for some new medicine than to an mpor-
tant legal opinion the constiuionality of lottery
gambling. The venerable Judge referred to no de-
cisions, quoted clause of the constitution spoke
of statutes, seemed to know nothing about the
subject but merely pronounced an opinion as is an
opinion-such n would do on the qualities
of root beer, or Brandreth's pzls-such as Jack
Bunsby does in the play of " Dombey & Son, when
performed at Burton's Theatre, -entrauce fee fifty
cents.
Is lottery lottery, or is lottery not a lot
tery!' This is still the great question of the day,
and has yet to be decided by the civil judges. 1t is
true principal criminal Judge, Recorder Til
lou, whose opinion has yet been untouched by any
other authority worthy Of moments notice, stands
alone, as giving distinct, clear, and unequiyocal
perception of what alottery is, and how far it ought
to be tolerated under our constitution and laws
The other judges yet in the fog. We shall have
to carry it up to the Court of Appeals, for final
and conclusive judgment-and there we shall find
no difficulty in asecrtaining that lottery is lot
terry, and nothing else.
The FORREST MYsTEmEs.-In a newspaper some
what known in the community, called the HERALD.
we find the following queer notice.
Cos'E LAsr.-In justice to Mr. Andrew Stevens
desire to that lis manuscript on the FORFEIT mys
tories reached last night 1t had been misdrected TO
No 100 White street instead of to 49, and had lain
the wrong place for six days Unfortunately to
hand too late for my paper Of this week and too late
also, 10 protect my mind from impression. Of
Mr. stevens actions, 1t is my duty to say that he
has faithfully kept his promise and that the statement
viii appear next week GEORGE WILKES
Editor National Police Gazette.
In other words, Mr. Forrest is requested ''to call
and settle" If ever these mysteries are pub
Gshed, we doubt whether they will not make many
startling disclosures We doubt whether they will
give any information OF the Astor Place riot We
doubt whether "Rone will how'll" and we doubt
whether Mr.. Forrest will call and settle.
-
The VIRGINIA DEMOCRATIC CoYvESTIoN.---It
appears that the young foges" stole march up
on the ''old fogies" at the Virginia Democratic
State Convention, by moving little in advance of
the true time, and putting one of their men in
the chair. According to the secret history of the
Baltimore Convention Of 1874, as we are informed.
The denticnl rnme Of takinn hu hn farn.