New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-08-03
FORT GANSETOORT.


Siaes after the abandonment OF the Fort formerly loo ,el
on hat portion OF sGd property which sto ID abrvo the
ysisr line which property sold 10 private Judi Ia as
"a 1852 Gnd OF which is understood that the Aghori-
g. are in treaty for the portion under water nov
,ela By Joseph Il. vsrnun. We gave some weeks since
IN account Of the sale OF said property in l-j2 based
rpo. statements made 10 which We believed fall und
accurate but which further invest gator has satsfe ia
aei incomplete and calculated to convey erroneous m.
rTe.ions. Briefy-we led to believe that said sale
Of 1859 made by the Commissioners OF the Sinking
Fund on their motion-and 90 Illegal because
made without Advertising when it appears To have been
made Ly Clprcss direction of lie Common Council,
prored ~ ne Mayor. Such direction Of course an
advertisement that the property was in market; and
propositions were actually made for il by several parties
the best bid by being that Of the parties to whom
tie property was sold under which sale it is now held
or couc this does not prove that the Common Council
cr the Commissioners did their whole duty in the premises
nor tho, the property sold for all it worth nor that it
wsald would be wise in the Corporation to buy it
b.ek ct the price now asked but it does proves as we
think that the sale il valid and the title in Mr..
y.pum iudisputable But LET recapuia'o the facts:
The property in question a1d under water, and at
m. time The Sinking Fund ordinance passed in ls14,
the upland owned by the United States that its dis
,o.tion by the Commissioners Of the Sinking Furd
controlled by the regulations affecting grants Of land under
water the proempye owner which, for this property
was sl4 per running foot Subsequently in 1885, the Cor
postou purchased the upland and thus united the pro-
emp,ve right to their former title; but this acquisi
tor was not subject the pledge OF the Sinking Fund
which covered only property held by the Corporation at
be time the passage Of the ordinance The only equit
able or other claims them of the creditors of the City in
relation 10 this property tina, when sold the amount of
s per running foot on its exterior line should 90 into the
Sinking Fund to which it pledged in 1874
is5a the Common Council passed resolution its sao
TO any applicant and referring it to the Commissioners Of
tho Sinking Fund to fix the terms and price upon the sale
tins ordered. This resolution duly approved by the
Msyor and published in the Corporation papers and in
pusuanc of the reference 10 them, the Commissioners OF
the Sinking Fund fixed the price at 100000 payable 95
per cent ash and the balance to be secured by bond
and mortgage payable five years, with per cent, inter
est Upon these terms, and for this price Mr. Narnum
beenmo the purchaser and madc the cash payment and
eIuted the bond add mortgage required upon receiving
the deed from the Corporation properly executed.
Now have heard ii minated that any per-
con offered larger for the property than r. Varnun
paid, and the City fixed the price at which they
wiling TO sell and without any influence procurement
on the part Of Mr. Fsrnum it If difficult to how his
rights as purchaser from the Corporation differ a. all
from the rights of purchaser from any other owner.
Ta the Corporation have right to sell their real estate
and that purchaser deal with them a. with any
other owner for the best bargain he make ndis
pensabe propositions, and TO cOntrOvert them would
shake the title of amounts of real estate held upon
such transactions with the Corporation. Tue objection to
the validity of this sale to Mr. Varnum be found in
sore supposed rregulary illegay in the Of
concluding the contract completing the conveyance.
Accordingly find the alleged defect in the fact that the
sale was not made by the Commissioners of the Sinking
Fund at gJc auction and after term Of advertisement,
tins securing public competition.
Now i; s one thing hold the opinion which most OF
would incline TO, that public auction is the judcicus
mode of selling Cooperation property and quite other to
inysldate sale for the that II was u made at
auction The notion that the Corp0raoR before the law
Of 1883 could not sell its real estate by good title except
BY sale at public auction viii venture 10 say
occurred to Conveyapcer. The Commissioners Of the
Sinking Fund by virtue of the powers conferred on the
in the ordinance of 1874 il true cannot originate effect
sales of The Corporations property except in conformity
with tie restrictions upon their exercise of that power i'm
pted by that ordinance. Their powers as agents or unc
tonariCs appointed by the City Government limited
and they bind the City except in conformity tosuch
limited powers Section Il of title w. of the Ordinance OF
The Sinking Fund authorizes the Commissioners to sell the
real esutc OF the Corporation such times and such
terms as they sec fit provided they sell at auction after
twenty dey = advertisement, and at a not below pre-
yious apprasement but there is nothing in the ordinance
which, expressly or by implication STRIPS the Corporation
of the right 10 sell its property by the act OF its Common
Council when and it sees fit Now we apprehend that
the misunderstanding about this sale has arisen from
looking the fact that like hundreds of others since the
passage the Ordinance of the Sinking Fund 1t was made
by the Common Council By 0rnaiJeSo,on, aud not by
the Commissioners OF the Sinking Fund Indeed il ep-
pears from the Controllers Report that portion of this
very GansevoOrt property sold "by the Common
Council or Commissioners of the Sinking Fund 10 W. b.
Aston in ls52" Yet this sale though not at auction,
after advertisement, has been complained of or
questioned in respect to validity. The Commissioners
referred TO by the Common Council az competent
and suitable persons being familiar with the value OF the
Corporation property to fix the price, but the determine
ton and act of sale were by the City Government undcrts
general power.
From the Controllers Report it would seem that when
the Commissioners Of the Sinking Fund took up the dis
charge of the duty referred to them viz: to fix fair
price for the property the sale ordered by the Corpora
ZION one OF the members OF the Board fell into the error Of
considering the proceeding sale made dy The C0mmis
,iseys under tie ordinance and accordingly proposed
that il should be by auction, and after advertisement
in ,uck rae would have been necessary But the other
members Of the Board that they were acting, not
the ordinance the sellers OF the property by
virtue of it, but simply under the resolution OF the Com
man Council which had referred it them TO ascertain
. fair value of the property and fix the terms of pay
ment of the purchase-msney They therefore confined
Il em.eves TO THE duty fixed the price and terms OF sale
and had no further agency in or responsibility for the pro
ceeding.
Now the City Government find that their predecessors
too hasy selling this property that the growth oil
the City even in the two years since elapsed requires Its
possession for public use and that they have nothing to
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