The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-28

Il
TnE Arr UrioN An - PsoRsrlr DEsriSY.-
Several inquiries have been put 70 u lately from
various quarters. ny numerous subscribers Of the
American Ar, Union, a. 10 the destiny Of that ia
sttuticn and tho fate which viii oycr,akc is large
I accumulation II funds-an accumulation amount
\ ing to hundred and fny thousand dollars. We
have heard little of late sending 10 give usany idea
or foretase Of the decision OF the Supreme Court Of
this city in respect 70 the consttutoualty Of The
Al, Union; but VIC understand that tho judges have
made up their minds the subject, and that their
| decision will be pronounced o.morrow. Whatever
this decision may be, coming from the supreme
/ Court, is not Of 20 much consequence, except il
should concur with the decision Of the Recorder, and
affirm his judgment as 20 the uncons,itutiolality
and illegslity Of the institution il has been con-
Quoted. II the Supreme Court should decide In H.
favor, the question will then be carried u a higher
court-the Court Of Appeals; and, Judging from the
independence, the strong American good sense, and
the sound legal principles which that high tribunal
has displayed in it's late decision agans, the great
legislative canal juggle Of this State, We cannot
doubt but they will decide against the small Art
Union juggle; for both acts seem 70 have been
passed by the Legislature through Ignorance, pre-
sumption and regardlcs.ncss Of the fundamental law
Of the State.
But another important question viii .til remain,
and that is the disposition Of the property Of the
| Art Union. According to the decision Of Judge
Ducr-whO studiously abstaincd from touching the
constitutional qucs.on-it seems that the property
Of the institution does not belong 10 tho subscribers
at all. Whether the charter Of the association was
right wrong, Judge Duer was positive Ia hs
opinion that the subscribers had no rights deci-
/ - -. -. -
that the subscribers in banking, insurance ar rail-
road companies had, by the very fact Of their taking
stock and paying money for shares, deprived them
selves Of all right title in the property Of those
associations. Such the strange and illogical de-
cision Of Judge Duer, on tina. branch Of the case
presented to him; and if it had been given by any
other than the same sensible man who made the
sound speech before the insane jewellers al the Kos
suth festival in thi. city. should have believed
that the person so deciding had been visiting the
Rochester knockers, and had received intimation
from the spirit Of some deceased Franklin Bacon,
that such the proper legal view o the Art Union
question.
SO that, whatever may be decided tomorrow by
the Supreme Court in respect to the constitutional
ity of the Art Union it will have to be further de-
cded what is TO become Of all the property Of the
association, who the Of it. il has any
owners at all. The truth Of the matter l., if the
practices OF the Art Union in drawing lotteries had
been charged and proven against Tom. Dick or
Harry, OF the Five Points, instead of against the
Hon. John Smith and others-bankers, lawyers POI
liticians and other great men-there would have
been no difficulty in deciding, long since, on the
case, and Tom, Dick or Harry, Of the Five Points,
would, before this time have served out their term
Of imprisonment in the pententiary for the offence
Of being engaged in lotteries contrary to law.