The New York herald., 1867-02-07

PEoCcoueu Will II OuCo anu y uociSSOa "AAAsee
at without delay. II the verdict should b.
"guilty," a. there appears no doubt 1t must
be, they will elect successor in sccordanoc
with the constitution, and that succeaos win
in all probability bs General Grant No rsdL
cal squabbling can prevent this result
i. ------------t 1saN1e~
Lotteries and Gin Enterprises.
In the remarks which we made tho other
day on this subject we took merely cursory
view Of it, and that in the desire to favor -
much as possible the interests OF our public
charities. The observations Of Judge Ingra-
ham, in his charge TO the Grand jury IN the
Court Of Oyer and Terminer on Tuesday Last,
have induced us to look more closely into the
matter, and we are now satisfied that the opin-
ions to which we gave expression are not con-
sistent with strict Interpretation Of the law.
Curiously enough we were ourselves tho
means Of eliciting the decision in the case OF
the Art Union, on which Judge IngIaham's re-
marks are based, though having been In
Europe at the time it was pronounced 1t did
not occur to our recollection. We give In our
issue Of to-day the judgment itself, in order
that all doubt on the subject may be set a.
rest A brief statement Of the proceedings
antecedent to it is, however, necessary, in order
that our readers may have a clear understand
ing OF the points raised. F 2
In December, 1861, an article appeared in
the NEW YORK BERALD declaring the charter
of the Art Union unconstitutional, the prac-
tees Of its managers immoral and their di-
&c 10 No (xnun hair
objects to abolition purposes illegal On this
an indictment for libel was preferred against
us in the Cour. Of General Sessions, and on
motion made 10 quash 1t Recorder Tilion do
livered an elaborate judgment, in which hs
set aside the indictment on the ground that the
provision in the constitution Of the association
for the distribution Of works Of art by lottery
was contrary to law, and that consequently
the complainanis had no legal standing. We
then commenced suit in the Superior Court
against the managers Of the association a. .
shareholder in ticket assigned to u for the
purpose, praying tha: the managers might be
/ 'enjoined from distributing the property by
lottery, and that they should be compelled t.
divide it equally among the contributors
Judge Duer refused the permanent injunction
asked, on theg ground that IL the distribution oe
the pictures on the plan arranged was not .
lottery q point which had not been raised be-
fore him and on which he was not called upon
to pronounce an opinion) then the agreement
between the association and the subscriber3
was lawful and valid and furnished them no
ground of complaint II, on the other hand, the
annual distribution was lottery, then the
agreement was Illegal and void; but this lilo
gality, though II might enable the subscribers
to reclaim the money they had paid, did NOT
render them the owners as tenants in common
Of the works Of art that the association might
have purchased, nor authorize court Of Justice
TO seizo and conAscste the property tor their
benefit If 1t could bc held to be lottery,
however, under the Revised Statutes, the pro-
perty became vested in the State, TO be by u
distributed for tho bene6t Of tho poor. TIE
matter thsu passed idto the hands Of the Dis
trict Attorney, who commenced proceedings On
behalf Of the State for the possession Of tho
prizes. A decision was given in bis favor and
the case was then carried up to the Court q
Appeals. Chief Justice Rugglss, In giving
Judgment, declared that II was the intention u
the trainers Of the statute TO prohibit every
species Of lottery (whatevsr is object) that
was calculated to promote taste for gambling.
The constitution it says, atook away IRON
the Legislature the power Of determining
whether this or any other lottery was Of gsod
or evil tendency, and certainly did not intend
to confer that power ON the judicial tribunals.
II II were to be admitted that the scheme 10
entirely harmless in its consequences ii would
form no ground for making 1t by judicial con-
struction an exception to the general and alb
solute constitutional prohibition" The court,
therefore, affirmed the decision transferring the
property to the State.
Nothing can be clearer or moro absolute In
| its terms than this decision. Il ia surprising
| that those who have conscientious scruples
against lotteries should not have availed them
selves of ii to defeat the schemes that have
| recently been before the public. Some Of them,
we are afraid, while protesting charitable OBJ
jects, have been got up principally in tho
interest of individuals. We have heard
Of enormous percentages being paid TO
agents, which swallowed up large
portion Of the receipts. However this may
be, the whole system must at once be put
an end to. Now that the police are in
structed as TO the posiuveness OF the law on
the subject IL becomes their duty 10 arrest
every one selling lottery tickets, whether II be-
for the benefit Of individuals or Of public instr
tutions. We must have no evssions Of Tho
statute under the Jesuitical plea that the end
justiies the IN cans. Charity Is said 10 cover =
multitude Of sins; but the axiom becomes dan
gerous when II Is employed 70 defeat the objects
Of q legislation based on such sound moral
principles.
CASUALLY IN 1Ai Tlm0AE.
I've Men Crushed 60 Death and several In