The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-08
appointed collector therefor To Committee on Assess

from Houston to Forty second street. be lighted with gas
where not already lighted. Adopted.
PROM BOARD on AIDRNux.
Report-In favor of establishing ferry from foot Of
Chambers street to Pavona avenue, New Jersey To Com
Report-In favor of fitting up an addition for the Office
Of the Clerk Of the Common Council To Committee on
ReporTo with the Board to direct the various
departments to report monthly the receipts and eIpend
lures OF their departments to the Common Council with
Concurred In.
ResolutiOn-wth estimate, appropriating $500 for ma
teras and carpenters work. and $3.50 for materials and
masons work in building house for Hook and Ladder Co.
No and awarding contracts to c. L. Purdey and J. Z.
Watson Concurred in by the following vote -
Anirmative-The President Messrs Brown, TAFT, Nab
natt O,brien, Maybee, Breaden Woodward Ring Wells,
Hunt Bouton MeGown Stewart whselan Barker, Rogers
Crawford, O'Keefe, and McConkey-2O.
Resouton-That sidewalk corner Of Washington square
and McDougal street be repaired. Concurred in:
Lafayette place and the Bowery be repaired Concurred
in.
Confirming, on communication of Commissioner of
Streets and Lamps contract to paint and glaze
lamps and 1000 oil lamps to Mannus Kelly COncurred in
ResoutonTo fit up places for holding the polls, and
appropriang So 900 therefor Concurred in by the fol-
Anirmative-The President Messrs. Brown TAFT, Nab.
Hunt Bouton, McGown, Stewart, wheelan Barker, Ro,
gers, Crawford, O'Keefe, and MConkey-20.
Resolution-That Wooster street. between Amity and
Blocker streets, be repaired. Concurred in.
Resoution-To place lamp in front of Mission Church.
Nos A and 40 Thompson street. Concurred in.
sion Church. No. SO Forsyth street. Concurred in.
ResolutionWith estimate and award of contract, to
furnish bell Of pounds for Macdouga street tower
Concurred in by the following vote -
Afirmative-The President Messrs. Brown, TAFT, Nab
Hunt Bouton McGown Stewart Wheelan Barker, Rogers
Crawford, o'Keefe and McConkey-2o.
To review First troop Washington Greys on Tuesday
18th inst, at o'clock. Accepted.
Crdinance-A communication of the Comptroller, to
p.,hl otO vnd mt tn n
five per cent redeemabe in 1873 pay OF the liabilities
agreeable to act Of the legislature Of the Late Public
School Society. To COMMITTEES on Finance.
The Board then adjourned to Monday afternoon, At 8
G. T. MoCLENACHAN, Clerk
Jones' Wood to be Opened as q Pork.
HIGHLY IMPORTANT COMMUNICATION FROM TIE COR
PORATION COUNCIL.
The following highly important communication respect
ing the opening of jones' Wood park received
last evening in the Board of Aldermen and great
excitement
OFFICE OF THE COUNSEL OF THE CORPORATION,
October g. 1858.
have received copy of the resolution of the Com
mon Council passed the 10th ut directing the Coun
sci to the Corporation to stay all proceedings for the
by the Common Council, and have given the
subject my most respectful consideration. The bill
ft the taking ths s Of Jones' Wood passed By the gs
be the duty of the Corporation Counsel of the city
OF New York. to application to the Supreme Court
for the appointment of Commissioners for the purpose of
taking the same" 1t requires that upon the conarma
ton of the report of the COMMISSIONERS the corporation
shall the amount to be reported or BIO liable to
suits for payment but to the corporation the
privilege of creating stock for its payment upon which
shall be paid annually towards its redemption
1t also directs that the of 00 be raised by taxa
ton fer hepurpose Of enclosing the park and every
year the of $40 900 reduction of debt also the
interest On the entire debt and $40 000 also for the
nual expense Of laying out regulating and protecting
the ground absolvss the real estate immediately
rounding the park in its vicinity from any
for the benefit it will derive from the location and crea
on Of the park and throws the entire cost of its esab
shment and subsequent protection upon the corporation
upon the taxable inhabitants of the city. This act
passed appears by your resolution in opposition
to the express dissent and remonsnee Of the corpora
ton.
1t cannot be denied that the corporation as SUCH has
direct interest in the proceedings under the act by
which it subjected to suits for the payment oand which
great municipal body representing the inhabitants OF
the city, it has right to be heard in the execution of
an act which will impose upon those inhabitants large
amount OF taxation for supposed benefit which their
representatives in the Common Council have rejected and
decred while at the time the property
the park freed from contribution In return for the
immense advantages which will undoubtedly accrue to it
from the establishment Of the park The question
arises whether tho Common Council can legally req ure
the Counsel the Corporation charged with the duty 70
conducting AL the law business Of the corpora to
withhold the execution of the act which the Legislature
has imposed upon him imperative duty In this
unpleasant conflict Of authority have examined the sub
ect with due consideration and anxousy desire carry
nevertheless constrained to say that considering the i'm
peratve language of the legislature cannot hesitate to
porstion established by the Legislature as part Of
the Executive government of the city and invested
by the same authority with its specific duties cannot
doubt that the same authority diminish increase
the duties OF the Office, and impose upon it oblga-
lions not originally intended by the charter Such the
nature of the act for taking Jones' Wood It imposes
upon this Office certain duties in addition to those hereto
fore imposed by law and having been passed by the
preme authority am peed and shall obey it. Never
fha1au hotn full
the corporation such has most important rights be
effected by the BILL and has, most undoubtedly the right
heretofore condded to me BY the Common Council retain
able and distinguished council to appear in behalf of the
corporation upon the application which the law requires
me to make for the appointment of Commissioners All
of which is respectfully submitted.
(signed) ROBERT J. DILLON.
DEBATE ON THE COMMUNICATION.
Alderman WARD expressed his surprise that the Counsel
to the should be presumptuous to favor
the Board with document of the character of the
just read There in 1t Neither law
The counsel talked Of his being bound to follow the direc
tion Of the legislature but he mr. wy ed that that
body had any right to order them the CounciD to de
plainly shown by the counsels communication and yet
he felt himself called upon to carry out its provisions and
that against the orders of the Common Council
The park project had been rushed through the egsa
ture by man, who with his family, alone to be
benefited by it. The law expressly provided that the
the whole expense should be borne by the city ut large
and that the fortunes OF Senator Beekman the father of
the measure his unces, cousins, brothers, nc, who
owned about all the property likely to be benefited in
the vicinity would be made This gentleman, because
the Common Council had opposed this measure, had
branded it set Of thieves but he (Ad W. would
ture the assertion that if there any sale about any
one body the members of the late Senate could be
bought about the cheapest Of any he knew Of He
(Ah. W. trusted the paper would be referred to the
Committee the law department, in order that the
counsel might be taught who his mas were. 1t was
high time the counsel was learned hs business.
Alderman TWEED suggested that papers had before been
referred to that committee which had the
light after being placed in their hands, and he thought 1t
than probable that this paper would meet the
fate. Az member Of the committee, he could speak ad
vsedly on the subject He therefore moved amend
ment, that the paper be referred to the Committee
Ordinances, of which Aldermen Ward q member
And this motion prevailed
Court Of General Sessions.
Before hi Honor Recorder Tllou.
TRIBUTE TO THE MEMORY OF JUDGE PAINE.
Der. 7. The greater portion Of the day spent in
dsposing Of the manssug adjourned from Thurs