New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-20
OFFICIAL HISTORY OF THE BARGAIN.

OFFICIAL HISTORY Of ThE bAhdAAN'
very clear understanding Of the equity Of this
Affair msy be gathered from the following official COM
municstion cent TO the Common Council by the Con-
troer, with the documents accompanying.
Az We cannot print the map will state "a plainly
as possible what it shows The block is between Six
teenth and Seventeenth s1eets, east Of Avenue e. IL
1874 feet front on the avenue 93 feet on Sixteenth
street. ISL on Seventeenth street, and 2O1 along the
river. Bot directly through the block, at an angle OF
about sixty degrees, runs the buikhead hne Along
Tompkins street. 90 that 57S feet Of the s3 on SiE'
teepth street, and 697i of the ISL on Seventeenth
street. is outside of the line Of private ownership, and
Except the width of the street. belongs, it believed,
| eIcusiveS to the State.
| The CONTROLLER TO THE COMMON COUNCIL.
| FNAscE DEPARTMENT, CoSTRoLLERs OFFICE,
NEw-YoRK, Aug. III, 1857.
To The Cosxos CoUsclL: All the personal prop
ery OF the COOPERATION OF the City Ut New FORK mas
been levied Oh by ,be Sheriff If tue County, and Is
subject to be sold for the payment Of Judgment for
| tfe sum VI about S2OO 900, in favor Vi Robert w.
LOwb.r.
The origin Of Mr. Lowbsrs claim on the city, and
the considerations whicb,t f.eLced he Co nnon Coun-
Gil in giving their sanction may be familiar
to the Comm,n Council hsn ~ tie Controller; but
the peculiar condition u the Treasury and the prees
ing claims Oh lie uDds, and the embarrassment incl
dent 10 = sudden call for the payment of 80 large
cum, Without any act If the Leg lsstare Authorizing
stock IA be issued, tax ~ be levied, TO provide
the ears, OF be fully appreciated without par
ticuar kLCwe OF the and wants Ut the
FmsLce Department.
On the "a OF March last the Common Council passed
| It,ou'ion oir cirg the Controller 10 purchase u
pot II rIOuId II the loot Uf Sixteenth and Seven
teeth int. eCiate between those rtreets
'D he Eat River, and To- pay for the the sun vi
$3.50 Co This the e. nirOler declined to do Tor fea-
SOILS as.igte al III a Communicating 10 TIE common
Council Il th. .3i Of April last. as follows:
M II her, %
eIpre.- roLoL applicable 70 the hs.d OF each executive
Of the ,Ipno,ure .a have ben ordered BY Common
Council riot ufle.s spprC pr aOn sh. have been pre-
Of Authorizing loan TO be- mad. tax to DO
levied ntro-r could eject TO the apr ation
contained resolution sud thst be had DO legal authority
TO Obtain T.. TO mr Loweer Within icw days
Lowt d. the oI ;s si 1t T .Ds
pay for the lard tie Of tS subject 10 back taxes as
In the preceding part this communication that portion Of
the etsefs aroed 20 vet limits 20 power ct the Con
when no tta e,s AZ @ g .seop S Of s cS.s,.
of 1880 it will the Con1n.on Council is itself pro
hb.d from ste, uLie. there eAists at HE time
legal prov.,n oci these liabilities That section
The ComInon Council hall have authority borrow
any sums Of money eoet the Corporaon
except in tue ,e.r Which such
loan she'll be Unless .sthVrled by special act Of she
The Coupse 70 the Corporation expressed en- opin-
ion that the city had valid defense Ia the clam OF
Nr. Lowb r. The Controler however, insisted that
creasipg apy liability without previous approPria-
| ton Ell abns hun to pay ana prohibiting the Com-
mon Council from borrowing on The credit of The Cor
poraion except in anticipation Of the revenues OF the
wear in which the loan is made, furnished perfect
| defense; and that if the Common Council could incur
| legal debt by mere resolution, and IT Judgment
could be obtained this claim, and the city properly
be sacrificed to pay the Judgment, the prohibitions on
| the Common Council and the Departments, IN the
| Charter, were a nullity; and | urged upon him the
great importance Of having this question settled by
| the ull bench of the Supreme Court II not by the
Court Of Appeals and that if the prohibitions in the
Charter did not apply to the creation OF debt com,
biua, Of desperse jobbers might get possession OF
the Common Council and bankrupt the city in single
| year.
In the progress Of the suit the matter placed in
the hands of Daniel L. Sickles, esq.,, a. referee
As the Counsel to the Corporation held opinions in
favor Of the claimant suggested the proprety Oh Sc
Letting additional council This he consented to, and
| Mr. EvaIts accordingly retained who made al
argument before the referee, and my understanding
that in case the report OF the referee was In favor
Of the claimant Mr. Busted would appeal the case,
| and afford Mr. Evarts opportunity TO argue the
case at length before the full bench Of the Supreme
| Court. . oo.,
rested under this expectation until about the Goth
or 25th Of July, when the transcript Of judgment IN
favor of Mr.. Lowber for $l99 600 was handed to me
by Mr.. Dkemap, who received it from Dir. Stratton.
| Mr. Busted out Of the City, and on his return
he urged to appeal the case, but on examination
appeared that the right TO appeal was lost by lapse
of Tine The counsel suggested that to get an appeal
| u
to procure bail TO the amount Of 100000. pre-
| pared paper of which copy is annexed marked A,
al signed it nyfelf for 10000 and placed it in the
hands If Alderman Tucker but in about 4S hours the
Sheriff presented an execution for $4,000, and as.
cured me that any effort to get an appeal was labor
| lost.
| II now appears that judgment wss entered on the
10Th Of June; yet this important fact was not conmu
Heated TO the Controller until after the eIprs ion Of
the 80 days for appealing although be was expected
TO provide the Of paying the $500 ono without
any law authorizing him TO get the motley by loan or
The properly t aha IN s ma nave
If etsy Of proceedings the execution cannot be
had until legislative authority can be obtained to pro-
cure the necessary means TO pay Mr. Lowber, how 10
the Controller to get along with bic duties the law
low stands In regard to that large portion OF the
revenue Of the city ropiiated to the ordinary ex-
De Lses Of the Government and which is represented
BY the tax levy Of $SOOOO0O the second section Of
| the tax law declares that:
.ha applied to other purposes or objects
Than ' objects nd .sa coasy NJ an. .e
hereinbeere empowered to raise the aforesaid"
| Ut6er this section which is part of the Tax
law Itself can the Controller Legally draw III. warrant
| pay the claim Of Dir Lowoer The Controller has
recently borrowed 500 co., provided BY Oh act oil
the Legislature fer the purpose OF paying Tor the
the Cettrs Park The third seetisn OF the act for the
,ale of the Arsenal provides that the Of $4,000
~ all be paid into State Treasury, If the city elects
| TO purchase the propsrty which has been done. Can
III. C,rtroJlrr properly draw upon this uad to pay -e
claim of Mr. 10 sberf The effect Of such opera
ton would be to defeat the purchase of the Arsenal lot
ard eobp.l the Commissioners Of the Land Office to
selit We then turn TO the Sinking Fund for the pay
| ment Ct the City Debt
In regard to this fund if we had act of the Legs
Istute Authorizing tax 10 be levied, or stock 10 Ice
issued. temporary loan might be made from this
find 10 be reimbursed from the proceeds OF the tax
.to,k But this il IT the case, and more than this,
Ills fund s chargeable with debt Of OOJ UOO which
rs,sb:e on the let Of January This lis one Of the