New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-07-26
Communication from the Counsel 10 the Corr
poration In relation 10 the Proceedings of
the Commissioner for the extension Of Ca
nnl-et.


OFsicr of INA COUNSEL 100 TIRE CoRroR,roN,(
NEw-NORE, july lu, loij.
10 nc Hou me BOARD ef Assl.idnf Aidomop ef n'e Cny
The Counsel OF tho Corporation to whom was
referred hy your Honorable Board the Resolution
originally in and adopted 10y the Hon Board OF Alder
men, directing the Counsel OF the Corporation 90 stay
the proceedings IN the matter Of the extending Canal
A. and widening Walker 49, respectfully reports
That the Commissioners OF estimate and assessments
IN that csso Immediately upon their appointment being
made by the Supreme Court appointed WINS Hal
EsQ As their Attorney and Counsel and placed IN MS
hands the conduct Of the legal proceedings come ccd
with the discharge of their official duties
That the proceedings have since that time been con
Quoted by Mr. Hall the Attorney and Counsel OF the
Commissioners and ~ such be sull continues To act
Consequently the Counsel 10 the Corporation has no
authority control the proceedings in that case he
can neither delay nor expedite them.
The proceeding L. strictly in the supreme Court
and subject 90 its direction and control The statute
has pointed the modes OF suspeudns the proceed
ings. VIZ by resolution u the Common ,Ouncu, ana
by majority IN interest OF those affected by the
improvement making application tor a discontinuance
upon the presentation OF the Commissioners Report
tor confirm alton
Either OF these methods may be adopted tor the pur
pose Of disseminating the proceedings altogether but
AS the proceeding purely statutary and the discre
ton Of the Comm issioners complete, except when ai
oversight and control Of their vested IN the Su
preme Court it is not within the power OF any ibu
nal officer To RESTRAIN their proceedings unless suci
power IL fairly 10 be derived from the statutes.
As the does such authority it can
be exercised either by the Common Council or by
the Counsel Of the Corporation
The Commissioners are responsible for the faithful
execution Of the trust reposed in them, and It IL oI
them 10 Judge exclusively whether that trust viii be-
most faithfully discharged by delaying their proceed
ngs tor time pressing them TO an early deterini
nation.
Although not strictly within the province o. the Res
outon before II is proper 70 state that prior 70 the
passage OF the Resolution under which the Coininis
sioners are acting bond executed 20 the City by
several ge temen supposed 20 have interest IN the
Improvement referred %, by which the City was 10 be-
saved harmless from any expense that mgnt attend the
execution OF the Commission IN the event OF the failure
of the Supreme Court to conf rm the report upon pre-
.entation by the Commits s0uers very serious ques
ton arises under these circumstances whether should
the Common Council make Use OF the authority II pos
sesses to discontinue atog ether the further prosecution
OF the improvement, the condition Of the bond would
not be discharged and the o5lgors be released from
any responsibility.
Il may well admit of doubt whether any interference
vi the Common Council with the discharge OF the du
ties Of the Commisso would not discharge the ia
Dility OF the sureties 20 the bond
A such interference would be frutless, | would re
commend that the Re- solution be- non cOncurred in
/ am, with respect HENRY +. DAVIES.