The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-05-31
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and b, tte oics q ihe ca szstiousvh cores frou
oEcrep e,t!etee v,'orr -, liberty (Gssat ar ,auac
Wien, u last tbia courtry ,hA sit At tie fe. o. III
Geni1s OF ilseLy as men sora Esd OF the dsvi sh,
a. ttke'a. = Cnzst, tAen, iasaairks that ,ine an
heve eene Trsdictec &c hs ar~ipsues-prscea % ,ss
Apocjfpss-bat sat'r shall se oe;zed and taun sa1
e.st INTO the pit ior thoussit ysars GOD speed
Mr.. Becker retired smid ,ert applause, asa tt.
irg a. loss o'clo.k r II t,pGa,e1 wf.A eheerr
and voeteralicns
The Blic,S Chlz cA Property--nat,on for In
junction.
sCPtsME COURT
May 3t--df,t1largh, Earle and O-;s ". tn. Mayor
tsrPfolsT ds-This was motion for tD;uuo1ion as
to she conveyance Of lie Btck Church rroper v The
ccrrse hsvrg osea engaged in other ceusae tarengh
out the day. and the importance of this case 0emsadox
immediate action, Judge Roosevelt conse,cd to- hear the
argumsnt at his private residence. Aocrcugly, the
parties met at eis h'nor house last eycciaS at s;.
CLOCK Tor the purpcss Of proceeding with eae csas
- IL contended fxt the C,missioners OF inc ,inkinr
labd aotsd without authority r. M tue Con
ard that the Trust sold their In trest 10 va 4.
a cuAs In opposition to The proposal ia the
sas with the CORPORATION and that they sss-cpy pss,
ny Hnohins in opening the for ne pla,nea4,
su M T ma N .1e yssr lso deed was mace conveying to
n bait hAsra s,F.~
the property In quest for the sole pa p,se
church therein, and uing the sojs ent plot for :
veyed to the Eik Pfesb church. and the trustees
subsequently mmenced negota foG It's sGls to ths
authority to se the question and rsese tbs
conoitions > the lease, without ordnance having
same The conciu was created by tho Common Can.
ci aching In their capacity, ard 1t can only
30 ismSyed BY lie came po rhs arrAsgemsn. made
tees OF the Buck church. b. which tbs city was be Ia
tre.ted Q the eztent Of and to receive fourth
aud the church TO be interested to the and to
receive three ourths Of The proceeds of tie propsey
WA mace vi h,at any lawful authority and renders
Ct tue city pIiAta sae. Secondly, it ten ed to e
vent composition 81 the raie--.ho purchaser DO.
not 1t was encountered with q long ltla s,, q.
Tho only power of sale the constituted ga ahorites aad
guardians OF the pubic interest have tLs city pro-
perry Is to FELL The amc at bic auction tts hgn ssg
bcder, after due notice Of the time and place snd
the sae must &c the sn,ire interest Of the city thersn
interest o. the 0tsefs therein at the same sale. Mr.
Hutchins then proceeded 10 comment on these pAnts
nd TO contend that te interests Of tho city uld b
materially effected II csntrary course we're so vsd
Thesae Of the Bck church. priva eecle previ Gus t
the sale at auction, was violation of tae egresneut
upon which the sale vos to bs made ana fsaud, and
should there void he sae He also cont4Sed tn It
the Commissioners Of the Sinking uad have no wer to
dispose OF apy portion o. the real estate OF ,s city
use fer or reserved for public purposes This can only
be done BY order Of the Comm IN Council
Mr. Hu-thns also sabmitted tea. the esrangsmeut
made private Y by ihe ca y ard the church b. which
tey agreed that the interest Of the city soc be taxeo
at cnsfouI,h the w,c was psipa ole eyga:on of ,hs
amended charter fisc& II su ,h an evasion can soc
eed 1t viii be t, nuy THAT provision oil the oosx
not the subject of exact calculation Iu Argorg tbs
points for the plaintss Me- Hutchins said tnst such
sale ~ this cou not te upheld and that was viru
putting the city completely in the po xcr Of any
Joint tenants VINO own property in that wsy. IL
such thing as this can be toera ed there will BE-
OF tie Sinkns Fund, and there Will % no office for
whch there viii bo- such competition, kEer so ne
further srgamen. COUNSEL oontentet taat the ton
tt the oted OF tho property that they oould
not nfet for any private secular purposes Ia
the cMe OF Mo w. dHrdner street urch 7th PAIGE
He submitted 'hs. the property should put up for ssis
sgan snd b., NO injury cu!d sccrue to a0y Of ,he
Mr. oCotor sd n. 9Th contending that the sale
Iurcfase were made and effected in go,d ith-thas
the property is M, worth than they gave for It.
though they are Wiling TO admit That they got bagan
TIE Jueee Inquired NJ appeared in ~ the papers
that Il Q plaintiffs had bid at the auction9
Mr. oConor ssidhat they had bid as high ss $3.50 0c0
This the plaintiff. derisd.
MIR. Dudley D. Ee,d behalf OF the PLAINTIFF said ~
II was now ten o'clock a. night and he had besn
all Gay In m important suit in the Superior Court And
up 10 the present hour bad not dined he hs ped the
Judge would not compel him to close the arg smsn for
II g plaintiff.
Mr.. 0Conor eaid he similarly situated and there
upon ths Judge adjourned the till this Saturday,
morning st tho Supreme Court.