The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-23

THE ART UNIoN-IMPoRTANT DECISION OF THE
CoURr OF APPEALs We have received intelligence
from Albany, giving us summary of the long
expected decision of the Court of Appeals upon the
constitutionality of the Art Union brought before
that tribunal in consequence of suit instituted by
Mr. Attorney Blunt, demanding a confscation of
the property of the association to the public nssi
tutons of this city, on the ground of its being a
lottery, and illegal. The opinion of the Court of
Appeals is very elaborate, and very remarkable. 1t
sustains the sound opinion pronounced by Recorder
Tillou, in the Court of Sessions, in every respect,
both legal and moral. But it negatives and sets
aside the legal notions of Mr.. Attorney Blunt,
upon which he brought his action for the confsca-
ton of the Art Union, and by which he sought to
deprive the innocent subscribers of that which
rghtfully belonged to them. Another remarkable
feature in this decision, as far understand
it, is, that the Court of Appeals have sustained the
legal moral and philosophical views expressed on
this subject from the first to the last, in the columns
of the New YORK HERALD.
Let us come to particulars. According to this
decision Of the Court of Appeals, the original
charter is pronounced legal and constitu-
tional. This, we always commended, was correct
and proper but the constitution drawn up by
Of the first managers Of the institution and az
forwards inadvertently smuggled through the Legs
lature-this constitution, under which the lottery
set up, is declared to be all wrong and contrary
to the laws and the constitution Of the State.
Again The property ia pictures, and the property
collected from subscribers during the last year,
amounting to upwards Of $50 900, and the pre-
yiously accumulated property, amounting to $i0,-
0O0--making in all 500 000-is declared to belong
to the subscribers, who are innocent of any at
tempt to violate the constitution, and therefore
the suit is set aside, as unfounded and untsnablc,
and contrary to reason and law.
We shall publish the decree Of the Court of Ap-
peals at length, as soon as we obtain copy nclud-
irg, Perhaps some of the opinions of the separate
Judges 1t forever settles in this STATE the impor-
tant question that has puzzled Judge Duer, Judge
Edmonds and the District Attorney, for many years
past. II settles the question whether lottery is
lottery, and nothing else. 1t is also decided by the
same high authority, that the property collected in
the last yer to the amount of $50 O0O and also the
back propd4y accumula led to the amount of go
600, belongs to the subscribers, who are all pro
rata proprietors. In this condition of things.
what ia best to be done z What is the proper
course to be pursued We advise the proprietors
to call meeting, to organize for the reform Of the
institution, and for the protection Of 80 vast an
amount of valuable property from such destiny as
attended the Hungarian fund, the Irish slievegam-
mon fund, and every other fund that has disap-
peared by the highest decision in this State IL is
determined that the present managers and some of
their predecessors, have violated the law. They
ought not, therefore, to be trusted by the sub.
scribers Of the Art Union. On the contrary. imme-
date measures ought to be taken to put them out
Of Office, and to put others in their places who will
make the institution efficient, legal, moral, and
constitutional principles, to the great advantage Of
art and srtis.s and the satisfaction Of the general
public.