New-York daily tribune., 1857-09-29
.octholders. o. the ls- Expresses 1t. the c,., gr,

s-sitV A
b, t1afd the qass.ss Is t.kbs all the endeace 20
r,tber. On bot, sdes-What = the csc ors,ea,si
scd il l. q sufficient Magnitude ard put, iae,, ,rr
to wsrstt dePa:turs tom the o. iinl1y csqrse OF
judicial actienf
The exus dency OF establishing a great ms5t At Al,
the foot OF Seveaes nth street, the E,s, River WA.
matter purely Of legislative discretion Ia the eyer
else Of tis dis0ett a-alttoGga at the insanc, OF
certain petitioners whose names do no, appear In The
rapers before ms-the Comusn Council. on the l5h
OF Aucuit 1856 by resolution, authorized and d.
recied the Controller to sdverr. for proposals" for
block Of grouo. and to report the came it thirty
dsvs 10 the Ccmmon Council for its further a,ti.s
An onr the ptppOsas cent in Was the one dated Nov
C. 1886 from Mr. Lpwbef, for two blocks be-, veep
Sixte. nth AID Seveseelh sfreets, east Of Avenues
and D. including the b1lkhead the river for $685.
OOO "fre of al membranes except taxes" And
subsaoueutlv in February n the present year. re.o
hton Ms by Be ards but rsher approved n.r
so:G,ss eS II. syIa =. ssnf oi 20 SsS, to ps1
ertJ to conveyed b. good and sueient warranty ded
nee and clear Il a. sa. and ,oee. and
proysJ b, the Counsei the Corporsn Tho resolution
% 5. .msS Sd sySssd e
On the passage Of this resolution a. the ten Pays n
rS 20 I1aSef S ISs<r pp-S and sssStea
deed dated scktowedsd the oa Sf MSch and submit
sss ss."d H that Mr. Ba..sed a Is. ns on bed Of
sickness, In days neveheleSs- remarkable instance
,,nIy ofexpedon such natterss Enforcement pro-
enr,d certifying be had examined the title and approved
OF the same" -
v lP
p.s.sss Of the resolution Th. Common Council
contract. .ues required By law .ec g set Of
4o be made by the sPprep.se Se'ds ..
70 contTst and il without good he eS.ed they
m hoG:h the Court so%pe' him , Sy snd,@s 1su su
existed and Lsh'r Lovber Ior the city was bound
AID .e minsy considering bis in.ervsOon snd any du.ooL
daieues witch he might suggest such Tor intsnce " an
t% as s,.ns "a: 2 :. no
immediately the saIre day IS he says himself rendered
a. he .Smits in h complaint, both the Mayor and
Ter wholly refused 70 s:ept suca deed or in any way to
eh,.e demsDd. judgment tia. the Corporation
0S ss and nf The said s deed ., us
the Court may ,pproye and to Ssy the said s with IN
"iy to execute the aforesaid ccn1.o. Of sale"
On the statements in L'wbsr. complaint the title OBJ
effect by delvery without acceptance th- bs de-
livery endst merely P.s.' no title. The complaint admits
ton instead of assuming the 'h.pe Of sn equity suit for spe
cfc Performance would have been common suit tor money
outed a@d il shows es. in my oplnon ta,. nGac cSn
to urh co,rscs They must r settled BY cou:ata
officer and The party dsaseemsn Is 70 sae1 may snd
proposals but no binding ens,sement
The complaint for these aud o'her reasons
the Cour, in that form would think have dismissed
without requiring further demurrer however
But the objections being formal bat subsn going
TS.y s @ b. b. sad even after
and without demurrer Tho Code q l4s provide.
that the bectoa complaint des not state ots suf
fcept 10 copsute oause action" shall not be deemed to
have been waived By lite omission In both demurrer end
TIE which pat iuso far res, 70 matters OF
ise-oIfned the detnse to iew simple sbiect'ns Fest
CortroErr % make the purchase and protesting
the requisite snd SINCE there moucy.
fs i b. & no uSer aws TO
the same; ard seond that although the Common Council.
authority raise By loan the requisite funds that body hai sd
From the pie .dius. win seen ia eounetiou with ,d.
Wits to which sts presently advert thst there was st that
uncs BY c,rseut both partic. iupicdy prohibit,
epce in where the iuyesa.,on will r.qdre hs dec
specially chosen commissioned for that purpose tbs
proper person. to desI!.s such mater aat that there i,
o. them to the heavy expense o. cppo.nns Judicial 'au,.
both sides reference directed 70 Mr. Sickss 20 hear
hy 5 g.
80. the several fact. set foh n the complaint t viii be
stated and the facts so found BY ms concu. Of
G 6,s ,s t.d N legally sad so.b
bound to Second that the deandana IN like manner
"the said desd IRON him and to pay tie plaintiff tse
of ecco wah nte,e.. from 10Th March is1; and hi,d.
thst the plaintiff entitled toa judsment in hi, action for
the aid sum o. &c amounting 10 all SS ~ tose her
with bis costs Ic."
any Judge Of thCounone being required BY
.w ,aea ~ % S. so up 10 M s % G M
lots ss understand the facts and believe 20 be their legal
deed whCh bad been by him the M.yor C?q
rellef iCr IN. rseepsn9e an oni'gn the more
law suit but bill in equity tor the specific performance OF an
alleged eIecutOfy contract
the adsvs-tha the value Of the msrtet value
mean. and pot a. .ome OF the plaintiff. sihda'' express
m pu' u ,e Il. o the @ hs oS: bsors the Law
Term respects than tw thirds OF the properly had ID
It a.' uS %ls .@ss s' a Mr. :.a
the decision given by sin, YES Of dasreas op'non
taken" but he add. IN the document signed BY
him and his associates. Tho referred before the
when r.ndersd may throw further light upon the subject il
the Cout find to the question Strange
then recent ne.. Of ne head the Department the
pressure business upon hn and the con'quent necessity Of
relying upon clerks and ssssts-'his document
with notification have cited from H. submitted and
bears date few days before the certificate given The
peal too from Judge Hoffman was net ony pendiny but had
been eeo.teiy .aGeS and it was .uPpo'sa would shortly
ts @ " J{ "a sster S;s.r Ssap sst ShGh Sn the
subject" Il affirmed h-decon Of Mr. justice Hoffman, and
the as. s.tsS Sy Se s.pneS h. did
The decision of the General Tenn Of the ssrenor Court
t noths after the tide in this wa. passed AND
weeks AFTER the Judgment the present was
to the Cooperation Counsel at the tue, ofii'e su
cient uader tse the
ayibg any just view Of the subject alternative To
that the citizens such TO hazard moe tosn
halt million Of dollars the probable cost OF land and markell
a.d that there reef wocld be monstrons Tue proPo'
tOn shocks all notions OF law and Of Judtc,s pocedns
sue specially when er sched In court hases oy 'ne oOh
tuition. general jurisdiction IN isw ard elutty
matter of law the Counsel o the city IN ha second
point: deny that the Cotposton can be ordered by taa of
Gy Coa. to defetd suit Ths Council seems to forge;
that if the Corporation by which he means the Aldermen and
Other officers Of the cannot be ordered 70 deiena
suit the eooraofs may be perm td % 90 u Tor them sno
that tue C-ur cannot compel the Corporation TO resist an M
IA cam 10 -lnft
machinery for enforcing Il.
IA this no. Of what avail would legislative