New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-02-10

al den snds provided hs,
u. ,.l,..d lh. n. n.yo Assnsa an.
h. h." sasi, ,ois and q 70 ,s,ei
s"s Snis.n'd have acsa ,s Ai sS s''
Wines Peter swseny. GEO W REID
When tbs " o. done the Controller gave Rdss d Reid
letter. rating that they would be entitled TO warrant on
tie Treasury for the sum Of t3ooeo soon as the annual
appropriation was MADE
proper be adopted respectfully suggested thai the
atrsnftmsnt for paving Chstham-t 81. and the bowsry
fLcud be preceded by thorough examination OF the obi
cations OF the Harlem and other railroads in regard to me
pawn Of those In OF the agreements with
The Harlem Railroad that Company il obligated to pave
the streets in and about the rail- in satisfactory 10 amer
and the width Of 20 feet OF said paving including the
rail-. in good repair ct all times The extent of this obi
cation should be aseertened, and also whether tne II ~
l. Company will pay the cost Of putting down the Una
Of pavement decided on by the Common Council Inc
Second ard Third sv Railroads also to keep in good
dion portion of the pavement in part OF the same
boToughfsre ard the nature and extent OF ali these oo
cations should be Gscerained and the mode Of eafryns
The out ,Loud he arranged before the extent OF con
act paving Chatham It and the Bowery can be oesea
such specific ard detailed statements az are required
by the 9TH section Of the Charter Of 1879
| CONTRACT OF wx Il. RIrSoLDs FOR REMOVING DEAD
AHMaLs, OFTAI, &c.
Payment suspended on this contract in May last
On the 10th Of July the Common Council passed resoiu
ten rssrming The validity Of the contract made by their
direction and passed resolution directing the Controller
to pay VIM B Reynolds the of sllo5l 81, claimed
/
that tie contract Illegally made that it had not been
fully performed &c Mr. Reynolds then applied to Judge
ECmond. at special term in September, for mandamus
10 compel the Controller 10 draw warrant on the Irea
Jury which the Judge decided in favor Of the contractor
Tie matter was then brou before three Of the Judges
and two of them Edmonds and Morri., gave the judg
| mt mt If the Court in favor of Reynolds.
The Controller proposed to Mr. Reynolds to arrange tho
matter in the same manner done in the case of
! D<;d shA In he
tue ection Of The Common Council and receive his pay
for the weTk done to the prese time. But the objection
ace TO this by Mr. Reynolds and those interested
with BIN in the contract is that they have large nyes
men which would be of no value TO them severed from
this contract And they therefore decline to surrender the
! contract. - .,
Before refusing payment the contract, the Controller
was furnished with the opinion of the District Attorney
who had exsmned the subject with care and who was 10
possesson Of such facts acquired in the discharge OF bis
iccl duiies induce him to give his opinion that
the city ought to the contract Tue counsei 70
tic corporation made thoroue OF inc case
and has full confidence that the positions taken By nun
are right and could hardly fail of being sustained by the
Court Of Appeals. My own opinion is decidedly IN favor
of car, il the the Court Of Appeals although
decision of the points introduced h not as neces
sary since The adoption Of the new Charter a. before
Mr. Reynolds curing the last summer presented claim
of $1,000 for damages done TO his boat by mob
which the Common Council resolved to pay and ne eeeiv
| ed the money
In the original arrangement for accommodating the oal
boats near thirty fourth st East River bulkhead be
Lre to he City, set apart for this service Mr.
Reg Lods preferred using the pier which was the property
Of the Farmers Loan and Trust Company, and An ex
| change was made. When the comp iaints were made
egalsi the boat last nuisance the Life and
ust Company presented bl against the City for tive
youis at 2C0 per cnLuu equal 800 when the
Controller paid knowing that Mr. Reynolds had used their
pier Subsequently this DR. White, the former City In
pector, called the Controller and informed him that
tie City under obligation to pay bs rent; the pier
having been used in exchange for the bukhead owned by
the City
TO have connection with this subject when the boats OF
Mr. Reynolcs driven away from the pier az the loot
! of Thirty fourth st the Committee on Pubic heah eA
fnne into the matter and made report IN favor Of paying
Mir and the Committee, or the Board OF Heath deemed
1t ex edient get another depot for Mr. on the Ei-t
River and fixed on the pier aud s1rehoue AZ me iot 81
Forty fifth st and on the 9Th Of July the Common Councl
passed resolution directing the Controller 10 purchase
lease Of raid pier and twenty one lots c3nnee ed there
WITH and 10 assign said loase to w m Is Reynolds ne
Cont oer visited the premises smined into Tue whole
matter and declined TO pay the bonus Of $1,000 for the
.ase The reasons of this determination given ~
rport made TO the Board of Assistants Aug J. 1893 me
.s sees mtdc assignment rendered 1t to the oeh
tToller, and demanded warrant on me treasury lS'
Geo. in addition the obligation to pay the annual rem
Of SlCCO reserved, with taxee &c. The tontroier re
fused TO Give warrant but offered to pay All charses
rcu,rCd hy them including $3.50 paid fOr he lease. ihis
wos declined and subsequently the essecs 0bdn9d
of mandamus, and served il on the Coniroer aAu On IN
sane day served him with copy Of resolution passed.
BY tie Common Council directing him TO piy tne oo
and in case he did not comply the resolution directed inc
Counsel 10 the Corporation 10 take legal measures 70 com
pei the Controller TO comply with the resolution 0l 'ae Gun
I ~ W
%, reported TO tie Board of Assistants on the l3h 81
September that he found the provisions OF the resolution
such that the Courts would not compel the Controller 10
execute IT, and hat therefore the prosecution would ran
The matter rested until The present month, during wnich
time the had paid rent TO the amount OF soou whh
they proposed to discontinue proceedings ana assign zoe
lease on receiving the amount paid soOOthe bonus pad
for the lease $3.50 repairs of dock grading ana V'her
expenses, amounting with the foregoing expenses 70
$3.50 This exceeds the proposition OF the ,onIrter
by $500 which is alleged to have been advanced oy
one Of the lessees and sacrificed in breaking up the pa
nofs in which they engaged The sum pad, ho"
ever sG35o LEES than the cum originally deandec aaa
bch the Common Council insisted should De laiu auu
| the Controller prosecuted if he did not pay.
Tie City constructed pier at the foot OF forhetn ~
North River OF expense of s2Css ana SCI apA. ?I
the exclusive ue Of Mr. Reynolds BY the terms OF MS
contract he il TO receive ss per day for carrying dea an
msls &c from this pier to Barren Island lie charge,
in his bill at this rate but the service was not
onripr tie last season The delay Of the boats al lhry
fourth e. until all the dead animals could be collected rom
The North River side ofhe City greatly me nu
snuce implanted of at loot ofThry fourth St II Only one
ncce of sh me nj as to be used Mr. Reynolds could nave
sfd er az Ferteth instead ofthat Thirty fourth
AZ Fast River and saved the City the rent OF ana me
necessity of giving bonus Of $1,000 Tor me pier al n-
foot OF Forty fthst East River where the owners 81
property i'll the vicinity are as much oppose' - e ue'
! US they at Thirty fourth st
The preliminary for appealing this case have
been taken The CO,Osr the Use
continuing the contrac; to the present common Ioah
Ihis he declined before stated lhe seci'ioh' OF me
Courts show that contracts made by one Oonloh
are not binding on their SUCCESSORS II s your province
therefore TO ,t the question, whether service Tor "hh
MT Roynods charges annually so5GOO can be Done LOT
as was offered TO be done al the tsne ihs eohac'
was made.
,,,rx,sc 1ur RECORD, rS.THE COUNTY OFFICES.
In November ls5o Committee of the Board OF super
iso,, made contract with Arthur Burne and Colia
BOVINE Co.. for ndexing the records in the oces OF u
County Clerk Register and Surrogate 1t was estimated
l. Il. contra am ~