The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-25

aCcuscu. TUT WHdt lHey proved, we REFER OUT
readers to the report of the proceedings Of the Court
of Sessions.
In addition to many columns Of advertisements,
our inside pages to-day contain full report of the
proceedings at the recent meeting Of the Ten Gov
errors, the Art-Union case, Coroners Inquests
Financial and Commercial Review &c.
The Art Union-Another Decision Of the Court
OF Appeals.
1t is said that misfortune seldom comes alone
and certain It's that calamities frequently come
in pairs This is the case with the managers of
the American Art Union. On Tuesday, we
published one judgment of the Court Of Ap-
peals against them, in which the Governors OF
the Almshouse were plaintiffs. To-day we
publish another still more terrible in its aspect
and ultimate bearing, though on technical
grounds it reverses the decision of the Supreme
Court. Whether by design or blunder, Dis
trict Attorney Blunt brought suit in the name
of the people against the managers, for the con-
fscation of the property under section of the
act which did not apply, while he blinked the
section that did apply; and the result was, a de
feat on this action, while the one brought in
the name of the overseers of the poor was sue
cessful. But it so happens that the defeat is
worse than triumph to the Art Union mana
gers, and they might well exclaim in the Ian
guage of an ancient general, Another such
victory and we are undone!"
The action was brought under the 30th Sec
ton, which was designed to catch branches or
agencies in connection with lotteries established
out Of the State or in the State, such branches
or agencies being dependent upon the drawings
of the principal lottery. This section was in
tended to defeat such evasions of the law:
but it so manifestly does not apply to
the case of the Art Union, that every man
on reading the Judgment, and the section
cited therein, will feel astonished how the
District Attorney could have thought of
maintaining the action under it, if, indeed, he
was at all serious in the matter. The section,
as the Court says, applies only to distributions
by lot or chance. dependent upon the drawing
Of some lottery over which the parties to the
distribution have no control, and which drawing
was not originally set on foot for the purpose Of
distributing the property claimed as forfeited
but for the purpose Of disposing of some other
property" The Court does not stop here, but
very significantly points to the section under
which the proceeding ought to have been
brought. That section is as follows
| Sec. 27--No person, unauthorized by special laws
for that purpose shall within this State Open set
foot, carry on. promote draw, publicly or private
y any lottery, game, or device of chance of any
ture or kind whatsoever or by whatever name it may
be called for the purpose Of exposing setting to SALE
or disposing OF any houses, lands tenements real
estate, or any money, goods things in action.
whoever ofends against this provision shall be deem
ed gully # misdemunor; and on conviction shall be
subject to fine equal to the amount ofthe whoe sum
or rate for ,chich such lottery game or derce ,ca,
/ made; and # such amount cannot be ascertQined
then to tine OF $500 or to Imprisonment not err
cesdang ftco gears, or to 6ot in the discretion of the
| Court.
|. Had the District Attorney proceeded under
this section, he would most undoubtedly have
convicted the defendants. He is not, how
ever, too late. The Court of Appeals have
dispersed the fog, and now the case is
clear There is not peg whereon to
hang doubt - and we trust that this time
he will include himself among the defend
ants, for there is abundant testimony that
be assisted at the revolutions of the lottery
wheels, upon at least one occasion. IF Mr.
Blunt has any delicacy in proceeding against
himself, then there is an excellent opportunity
for the Attorney General of the State to take
the matter up. He will make not only large
political capital out Of it, but legal renown
and at the same time recover large sums of
money, which will swell the public treasury,
and thus relieve the unfortunate taxpayers
Let him do this, instead Of wasting his time ia
prosecuting suits in this city, against single
individuals. 1t has been often charged against
the administration Of the laws, that to the pow.
erful and the rich they are like cobwebs which
they can break through at pleasure, while the
poor man and the weak are sure to be entancled
IN their meshes. Let Attorney General Chat
Held prove that this proverb does not apply
IN bis case. The eyes Of the people are
fixed upon him. Win he do his dptv
without fear, favor or Affection Heretofore lie
may have oyaded the responsibility attached to
his Office by pleading ignorance or die lottery
laws and tie laws Of the Art Union. Or iooo.
rance Of The offences committed under fbaso
laws by The Art Union though his official
attention was specially directed 10 the mat
ter. But he cannot do 80 now. The golemn
decision Of thc Court Of Appeals takes away
every eubtcriugc, and we now call on him
publicly 10 do lis duty. We ask him when
will The other suits be brought ia the name
Of Tie Governors 81 the Almshouse. To be-.
cover The penalties II three times The value
c, al 10 l.c.-.>@ III Ls,. G.srVsgs =.