The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-17

If the complaint strictly legal but finally cou
ccded that it was. He however suggested that. as
beth parties profossed wish to have the question of
the legality Of the Art Union decided by tho cor
Of last resort, it would be better to prepare an ac-
tion to bring before the general term Of the Supreme,
Court, in May, for the decision of which an appeal
could be taken-a privilege which could not be al
lowed il the decision given i'll the special term.
To this the counsel on both sides agreed. The Dis
trict Attorney intimatcd that if they should in tho
interim distribute their pictures, the penalties might
be sure.
o, procra .tinators now you are in tight fix, /,
Why did you not distribute while you might have .
done under the mastery INDIGESTION cf Judge
Duer You might have got your gems of art all
boxed up and sent oil everywhere before Saturday
at ten o'clock that when the Commissioners Of !.
the Aims House wont to grab them, they should bo I
nowhere. But what is now before you delay :
until some time time in May and them if you get n
some other month. In the meantime. how comes !
on your subscription? Do your faithful supporters,
who have such unlimited confidence in you, ''rcss
ter their names," and fork over their nycst- .
ments p
But what shall we infer from this appa rent Dis /
position among Judges to elnde the duty Of decia- .
ing this case! This-thut they unwilling to in
Hict the penalties of The law upon men who have {
violated it, not from the usual motive OF making :
money, but from the proiessed motive of promotn.
the fine arts. First, Judge DAILY, extra udicialy,
writes an elaborate argument TO make the Art.
Union appear not illegal; next, eX-Judge JOnesa
solennly gives his excxtra judicial opinion to tn.
same effect; then Judge Duer, declaring he had
opinion, declined giving it to the legality, and.
decided merely that the plaintiff was partieipators
in the crime, if the proceedings criminal, and
therefore not entitled to the relief he sought anI
if these are not criminal, then he had no ground ori
complaint. Aftcr all this narrowing delay, thaer
dstresses and paray2es the souls and business ofs
the managers, it was hoped that the Supremeea
Court would terminate the dreadful suspense butts
Judge Edwards did not wish TO stigmatne the mat
nagers criminals, and render them liable to payt
the debts of the concern, amounting to thireenS
thousand dollars or more. 5
1t was evident that Judge Duer was disposed to !.
the utmost lenity; and that it was his plain dutyr
to remove not the injunction alone, but the stigm@e
Of majesty, that utterly prostrates the business Off
the concern, if he, as he declared, had dccideds
opinion and that opinion was that the concern wa 4
legal: it is equally evident that Judge Edwards wal
bound to dismiss the complaint on the ground that
the Art Union is not illegal if he could do 50, and
not TO keep the managers in suspense, and underA
heavy expenses, for two months, without any I'M
come at all, so that if few dollars in, They've
may be lost to those who contribute them Wal
say deliberately ard seriously, that if these two
judges had decided opinion, and that opinion were
favorable to the managers, il their duty to de-
clare it, and to them from tho decision OF ohcrs
courts, that possibly might saddle them with the
debts of bankrupt corporation, and as many suitss
at law as the disappointed subscribers might choose.
to bring for the recovery Of their five dollars. AndS
this duty they evidently not unwilling to perA
form; and their shifting il upon Others IS proof
that they wished it to be showed along, until somes
judge should get hold of it who would settle it inn
favor of the managers
Messeurs Bunsby & Co, we will give yon an OPS
MON as is an opinon:-H set Of scheniers, to sck
their own wares by this method, had been broughts
before you, you would have put them under bonds
for twenty thousand EACH and had them put througH
in half the time you have spent already with these
gentlemen az they call themselves, who receive
no compensation" but purely for the love q
domineering and making themselves conspieuoust
and forcing their way to fat Offices and the socictE
of wealthy tobacconists and soap-boers. They mush
be Lei Off if possible,