The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-24

THE ART UNION LOTTERY IN CouRr.-The suss-
tion of the constitutionality Of the Art Union
lottery win soon be determined. 1t is now before
the courts in two actions, in two separate causes
one brought by private individual and subscriber,
and the other by the District Attorney on the part
Of the State.
Whih this question is pending, it might have
been expected that men in authority would try to
withhold their opinions and avoid an expression
that would prejudice the final decision We see that
this is not the case. We perceive that one Of the
| Judges who had been manager Of the Art Union
himself, in declining to continue his management,
takes the opportunity Of delivering and publishing
long extra-judical opinion the consttutionality
of the Art Union, without the case being brought
before him, or his hearing the arguments on either
side To say the least, think there is an extreme
improperly in any person who occupies such posi-
ton. pronouncing judgment extra.judicial upon
| question which is now before the court, and has
| been before it for some days.
We do not wish to enter into analysis of this
extra,judcial opionion, though it is open to crit-
| csm. Tn strength of tho Q ion rests some
decisions by nglish Judges Whatever may be
the value Of such opinions an CT decisions across
| the water they can have little bearing matters
| this side the Atlantic where we have q State
constitution, cleary snl expressly forbdding the
Legislature to authorize lottery under any pretext,
or for any purpose whatever.
| Even one of our contempt ies-the ErGning
Post--cannot wait patiently for proper decision OF
the constitutional it of the question, but gratui
tously considers the Art Union lottery perfectly
constitutional, because juries are sometimes drawn
by lot, and the terms # the Offices of judges are
decided by the same means. The cases are by no
means parallel Judges and juries arc not lotteries
whereas the Art Union is essentially lottery, and
its drawings are clearly gambling operations.
A man stakes five dollars for his chance
of prize with the adverse chance of blank. If
his number in the wheel Ct fortune turns up
prize, he WINS if it does not, he loses This is
nothing more nor less than gambling for pictures,
SO that there is analog in the cases referred to
in the Post and it is perfectly idle and ridiculous to
quote them 1t is very curious to find this journal
expressing such an opinion in favor of the eonstu-
tionalty of lottery with the distinct provisions of
the constitution against it staring the editor in the
face. particularly when he is such stckler on the
point of the unconstitutonaty of the canal certif-
cates, in relation to which the constitution is by no
means SO clear and decided as it is in relation to
NuelucI NC AT OulOu5 or OtQer gam
bling concerns.
: The question, however, will soon be determined
by the proper court, and the public will wait fol
that decision and be satisfied with it when it comes
THE LATE EPHRAIM HoLBRooK.-Some particu
lars of the life Of Ephraim Holbrook, who died al
his residence in this city, few days ago, may be
interesting to our read rs. Mr.. Holbrook was born
at Albany. Some thirty Yeas ago he came to this
city. where he first became partner and principal
manager Of the New York branch o. the house OF
Parish, Holbrook s Co., a Charleston. He was
afterwards in this city. He retirel from business
and went to live at Eyde Park. He became tired
of the country an roAab lahore under that
feeling Of e7,nui viii ii usually tends merchants
who retire from the active pursuits Of business He
came back to the city, and occupied cottage in
Fourth avenue and employed his leisure in financial
operations in Wall street, by which he made the
principal par Ct the $780, 900 which he left behind
him at hi. death. He had no children, but adopted
little girl as daughter, who married Mr.. Lee,
and went with hin to the West Lee died, and
Mrs. Lee vent to Connecticut 10 live She had
son, to whom Mr.. Holbrook bequeathed 10000 oil
$4,000. He left iointure to his wife, and tao
balance-leing a out three-fourths Of the whole
500, 000-he has bequeathed to charitable and rel
gious in titutions-tha Billie Soci,ty, the Trac,
Sotiety, and several others.
Thus, the lions share of large sum Of money
accumulated "by rising early sitting up late, ant
eating the bread Of carefulness'' is devoted to tn,
service Of rcligi0n--a manner Of bcqueathing pro
perry which has become very fashionable of late
, both in Protestant and Catholic churches. Nc
doubt the testators by paying so large an amour,
a ferry money across the dark stygian river viii
have saic and easy passage to 9 that undiscovered
; country from whose bourne no traveller returns"
-Four Days Latcr from Mexico.
We have received files OF FL Sigo Ell Mentor Rep,S
cono and FL Universal published in the city Mexico