New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-12
PEFLIy MEETINGS.
BOARD or CCuNcE&EN.

dn,,or, :, r,y bSs for carriage hire Of Members Of
tbe Comm N cuncil for .be yesrs 1910 and is' ia
in Tho d.rhsysc Of their OF sl dues, provided iba'
he sid bils 70 TO. eyeeed. in the ssS:ese 9T esaa
N, mber tho som Of 500 pc, year YES :sia DrT,
offered the subjo preamble and resolutions:
wA.a The Ae Of Toe Pr2eiry hoy {, ihe s 81 lie
s:sic 2 Ri'SS ,a'y51s . .ayssl .sl a..,
hGse, The e'ncln.on II he ..l s,.s G. ~ ff1 Is
,he Msyo Ndernsn sd Commonly Of :ac ~ o, , -'e
Yoa or witch Gaze ct e. v Roosevelt ss'' he A'y'''
s,.!red That the Cop,ror Be- directed :, sises f'rss'
Ala mar, or Mao Iiouse 70 b. er>cssl "a ssd rp
and Is: r. ,crd .nch r'n' when rcp'red to TIC c'non
Council fjT further s-,iSl thereon: 49,:
NJ. FRaykLIy was eIceed;p, .y anxious 70 hsvc tins
.nbiect thoroughly Investigated by the Cori.tee on
Markets lie had implicit: confidence IN me a:cgn;y
AMI ability OF The gentlemen composing ma. ConimI
tee AID he hoped hat he natter would be reieire.
20 ;hcm. II HE mctcn prevailed, ne wona Insa
gentlemen and give lucid statement OF al the pess'
irrs Of the Gsnsevoort property. lhe MOTION wa
s.eor,ualy referred 70 the Committee OF Asi tssH
NJ OTr.gso. wished 70 make An aidlflonfsf SE'
ErantI;ns resoution and after reducing his eugges,
tor TO writing submitted il I, the President 1t READ
Rap's That tho Controller directed 10 advertise the
I5omp a. The For: 0an.eyoor psopryto he et os
term years . he hshes: ei!fr ,0 ,' 20 be q
Ing pubic market thhc.eon that me $40 Con-,
n .sTs c6p" ,ss fn' ''"''''''''A e -
R.Ge-rcdI 10 the Committee on Markets.
s.i.ur Of The CTR cGccts on the Loc5r lHGS N
The following Communication was received nolp Con-
troller Flsgg:
FIS.NcE DErAHTnENT, CoN1xotLth " ,o,
New-ieIk, Avg. ~, ls5f. y
t. ruE CogMoy CousciL: Al ths personal prep
srty Of the Corporation Of the City OF Ncw-iork mas
been levied on by the Sheriff CT the county, and is
subiec. % be sold for the payment OF ludgme Lof
the sum Of about $soo,oc IN favor oil "eo'' w.
IOwbcr.
The oirgln of Dir. Iowber's clam on the city. aud
The considerations which influence the Csmnsl Gun
ell in giving their sanction to IT, may De loe 80
10 the Common Council than TO the Controller pes
the pecrar condition of the Treasury, aud me press
nq lsins on it, funds, and the emOaira shent luci
dent 10 sudden call for the payment OF 10 a.
.um without any act OF The Legs azure au'nol zS:
stock 20 be issued, TAX TO be leyied 10 PROVIDE
the me ans cannot lie fully appreciated Witsou, par
ticl1ar knowledge OF the resources ard wants OF 'Ae
Finance Department.
. resolution directing The Controller TO purchase
plot Of ground at the foot Of Sixteenth aud Seven
etnh streets and etermcoiiie between thp.e s.ee'
on the Es. River, and to Pay for the same the s'm o.
sIg6OUO Thi. the Controller declined TO DO fer rcs-
son, assigned in Il communication TO the Comn"s
Council on the 93d of April last as follows:
Lowbf5 wf. 1 Il. I heart If e.a s1ecas
..n. SS bag. Been ee BY +.
o ,Ss ~ pS. nnls.. an appropriation been pT.1
ousy made covering such expenses ssd ina, wtnoa, ~ ao
e.J he controlcr could not s?e eject e III.
contained in the resolution ara that he had no ,:a sathy
10 Obtain Tie means psy Mr. Low ber Within few days
rbcr commenced legal pEocesrS' I'll. ODE, ser wI ,c5
pay cr the land tie Ct sIgsco subject to BOX taro
| n.e.,ments, &c. ,,... s,
Tire ehsres is alluded 10 which limits tie power u the Con
troler in regard ncurrins debts against hs Cooperation
Sas. 70 s Hf IN rs az. I" h f
q 1880 u be seen that tas coTro, Cows %
.sL provision. 70: d.ch'rsins these Liabilities tn'' 'c"''
"Tb. Common couu, .hsl rot have sthor;y TO borCv
any .., money whstsyet or the credit Of the .oIpae
loan shsl made, authorized ~ special sct ct tho
The Counsel 10 the Corporation expressed an orin.
ron that the city had valid defense to the CLAIM OF
| Mr. Lorber. The Controller however, insisted that
the proy.ors Of the Chatter prohibiting him from in
| ertasirg any liability without previous appropna
ton enabling him to pay, and prohibiting the Com
mon Council from borrowing on the credit OF the Cor
poration except in anticipation or the revenues OF the
year in which The loan IS made, iuInsnc1 Pe,'cc'
| defense. ard that if the Common Council could IN
eur l6ssl debt by resolution, and judgment
could be obtained this claim, and the city property
be acriiecd to pay the Judgment the lrohintl?ns on
| lie Common Council and the Departmental IN the
| CHARTER were 1t nullity: and urged upon HIM tbe
great importance OF having this question settled oy
the full bench Of the Supreme Court, II not oy the
| Cont Of Appeals ard that if the prohibitions in the
Charter did rot apply TO the creation Of debt cou-
bnson of d sperate jObbeIs mig Ce possession oi
the Common Council ard bankrupt the city 10 single
| year. -,
in the hands OF Daniel l.. Sichles, Esq es referee.
As the Counsel TO the Cooperation held opinions in
ayor Of the claimant suggested the propriey Of &C.
| leCrg additional counsel. This he consented TO-,
| and Mr. Eyarts was accordingly retained, who made
an ar ume Mt before the referee, and my understand
rg was Il at in the report OF the referee was in
favor If the claimant AIr. Busted would appeal the
case ard atf)id Mr.. Evars an opportunity 70 srgue
The case at length before the full Bench OF the Sd
prone COmt
Irsted under this expectation until about the 10th
or 10Th OF July, when the transcript OF Judgment in
favor Of Mr.. Lovber for $9s, 000 was handed to me
BY Mr.. Diksman, who received it from Mr.. Stratton.
Mr. Busted was out the city, and or his return
he wa. urged 10 appeal the case, but OF examination
II sppeard that the right TO appeal was lost BY spse
oftime The counsel suggested that to get Al appeal
| or stay If the Judgment it would be necessary fer
ne 10 liocme bail TO the amount Of $500 600. Ipre-
pared paper, (which copyis annexed, marked A,
and signed il myself for $50 Gro, aud placed n the
hands Of Alderman Tucker but il about IS hour. tse
sheriff presented execution for se6, o0o and as.
.ured that any tfoIt to get an appeal, was labor
| lost.
Il now appears That Judgment was entered on the
I:h of June yet this important TACT was not csnnu
hsed to the Controller until after the expiration Of
the 20 DAYS fer apps olng although he was expected
to provide the means for paying the s?Oooe0 without
any law authorizing him TO get tae money by loan OF
isJ. The property embraced in the resolution have
had surveyed ard a map Of the premises made.
Ii stay OF cccoings on the execution cannot b,
Rad until Legislative authority can be obtained 10 pro-
cure the iectrsdiy leans W iay NJ. LoNDer' NOW
the Controller 10 get along with his duties az the Law
| low stands In regard to that large portion Of the
revenue of the city appropriated 10 the ordinary ex
pen.cs OF the Goyon nent, and which is represented
by the tax levy Of ,sOcU000 The ID section Of the
| tax law declares that:
"No portion Of the sail respective ua ii
shall Dc expended sppcd TO any other purposes object.
b.n so objects srd purposes resp cyely which the Beard
Of spcIysors # tsG City County New Yo.k az. here
iDbro!e empowered TO ssc he same aforesaid
Under this secton which is part Of the Tax law
il elf can the Controller legally draw his warrant on
any portion OF the tax levy of ISL and apply it TO pay