The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-13

and the ssic Earle IN me me msnasr having paid $500
Amer some preliminary argument ~ 70 the sdmis.i.
biluy Of the amended complaint Mr. Field sAd he woa
prefer going with tne argument As me case shen
NJ ocopor then D. oceeded 10 say thai the complaint
sets forth sres, njory 10 the Taxpayers TO which zoe
dsnur the hrst place, because they do
NOT stste whether they taxpayers or not and they
did they n have cAnse Of action they say that the
cor porson of The Brick Church up TO certain day were
w that they disposed OF their interest TO
jones' Wesley and Keep Fney also state soat oy some
the Sinking Fund they agreed 70 sen the property, by
which II struck of TO Jones, Wesley and Keep with
out any interest arising TO the city
% S bass su no Ss e saSy
70 release or Otherwise dispose the interest Of the
I as e By s
.a nsdnf he ous Ss rseas made os @
hoy would be conclusive against the CITY, yet the e1ecu
eoporste seal would cause great and
be ana ss oy 81 suit bs ns
power se they have their
cause the manaaement 10 ssvsr well nsnde has been
sscn as to msae n 70 % ons 81 the b uoes n
The OF the city in the asd IN ques on y an
meaning amended charter of 1853 and can only be
disposed Of according 70 The Oh mat Charter M ms
real estate within the meaning Of the sinking
Of the fuId hsa no right = Al 70 ds9oss O. ~
any kind or ~ @ al
estate and thus purvew the statutes is not
hs n % the
any Of q S W. e sea- T he ses
the rsht SO to sx only alter sac oy snenon ne Con-
ordnance OF with authority release in any man.
sr e e to an upon he The ordnance
not extend to property granted for cha en- nor 70 ths
commsoners Of The Sinking BY the
sd Of or Of any properly or interest Of
thus cry except upon sale by aucon OF me pec.ac pro
of 1914 did originally contain su h an authority j. was taken
s Of pSbne oSd Re made aason he
hsbes, The interest q the e. in The property 10
reid auction lie true but the interest Of the city
s1 ~ ~ s aDy re ~ 20 Ths
pncue esiabsh-o BY the amended charter OF lsos that
hnd ha BE sd ey o. public Of sale BY
IL consideration which II is proposed Insert a convey
other The payable into The city treasu
lien he has pes With; Otherwise has not been
reease by he city So NO How
No BY the sse BY auction for The DID Wa. go 40 ma
he band whatever hecggiog To he ely or 70 the
lake Is arbitrarily h.so al one fourth This palpabe
Of The law might as well be said that where The city
he whole esae be by auction md viii determine az
sci II Tits cor srucucn BE- correct then
always be evaded BY g.ung claim 70 ee aie 70 sncn o.
then surrendersng the Claimant by private sgree-
snch Is not FAR consirnc,,on Of 1853
he Of the council
the cond tons Of the grant void
not passed ny he Bosres IL the same political
reoubn sss not received the assent OF any ~
Your Common the political body: and tie
applies to legislation BY the Common council Us TO
legislation BY he Legislature of the SAFE by Congress
Resides If The resolution lawfully passed. did not
horze me CONVEYANCE in question. IL merely
hut such passed Tn the contrary,
when he Board before tbs sac lad
The liable. the ohsr Board chd up0n the sub
wards The plaintiffs corporaiors Of the city OF
New lsrk spd have the right b maintain hits
los u the city treasury, unauthorized
he nv mr. ~
Sab, 56.; Mathews vs. sharp, Baro sB)
Mr.. Field copteroed on the SIDE. tbs, the msa
poni we- Whistler me Corporation bsc passed valid
ordsrce And N 10 tue ant, breogn, by the
Afosrey General In the Superior Court he reAa the fol
lowing Correspondence -
DscExBrR ~. 1856.
Field presents bis compliments 10 Mr. Ju.lce Duer and
Mr. Justice toninan them inform nm
what point The ordered the Of the
People he Of the sinking und in the
matter al ne Brick church property = -.
The auestTn only question desired he
whether ordnance Of tbs Corporation
horzng he Commissioners. 70 set the property was
regulsrls psssed-m other words, was valid. Jso DrER
He Ihsn oToceeced a-gae that ordin to-
nvA I'd an worthless. and bad been acted upon Dy
ne Beard Aldermen In year, ana by the Board Of
Coupcmen In aDotber. TIE proptry had been sold TO
Wesley, Jones Keep for $z70 toC whist II wor n
Geo they mig ht believe Ia $3.50 900 bad
been ensred for H. In which half OF that sum, IN
sesd o. 100000 would go into the city treasury.
M 0Copor replied briefly, and The Court reserved It's
decision.