The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-12
The Catholic Orphan Accumulation for an
Injunction on the City Grant Denied.
SUPREME CoURr-sPECIAL TERN.
Before Hon. Judge Davies

Before Hon. Judge Davies.
DEC u.-OrTin Terry u.s. The Mayor, Aldermen and Com
mondty Of Neto York. A. C. Fla0g, Comptroller, 6c-This
application for injunction made by Mr.. Jos.
Blunt, the complaint Of the plaintiff payer who
set forth
he sy " and
sdsraton Of dollar and without real consideration.
a. q New York piece q Land fronting ne
sas to Fy second 's street. and c1enas back from
ssid avenue four hundred and fifty feet that on
e as hs sqS's sss
for the yearly Of dollar re.ervins however
The right IT Ina s s lease time By
q r hui and y
passed sy The Board q Coans directing the Comp
ys,a yearly rent Of one dollar which said resolution
sy mayor The october comp slnsn
that the resolution said was
corporation of the said city that passing resolution
legal authority and in violation Of their powers duties
hs DSmP sn9 % 'G q s h sd
corporate capacity. vlziheen million dollars upward
p
Aldermen and Comonay have no authority to e sr
yy or lease for nominal consideration any part thereof
anssd e make The y corrupt motives yoiaCn
p q; a his q 6ou a 5hs @
said C9mprolIsr Azarah Fagg, from executing said
ne said lease Mayor Aldermen and Common.
Of
wi,so, an adequate and proper therefor the
ther renofin the premises to shall seem meet
The answer of Dimes Caroln sets forth
s nss he ssfa q s
1882 70 1886 that the asylum was instituted for the purpose Of
spa
um for orphans At the Of Prince and Mo streets IN
ana Una, 9r e asl SIX years hsy have Maintained
FIRST and Fifty second streets and fronting ffh svenns
building al an expense Of aSo Sc that ssose nssu'ons
are supported principally by voluntary contributions TO-
children thus maintained and educated by the institution
upon the public treasury, and the public thereby nte
% ss s sn are hinder s Sns,ss q he
N are more than could be expected
gnicpsi sosern@enihe total number Of orphan. and
half SSrPsnSs Of both sIe. in these int on he @
port, was CSC being nearly Sneionr,h Of the whole
state Of New Yorkhe average annual expense for each
CT ss % ~ 81 81 me $
cost for each inmate In the department Rsndas
made he dans Ss
pleasure q The Common Council but IN Of such
thereon and that the spring Of 1857 the Common Council
rogs,ed. s's"' WYNN - Nv" ''"s"''' '' NJ
Mr. r. Bustccd Corporation Counsel, appeared for tho
defendants, and submitted the following points
No injunction should issue against the city Corpora
ion the Comptroller because FIRST If the lease directed
10 be given 10 the asylum would be void the plaintiff,
In substance alleges there necessity proprey in
enjoning s execution delivery An injunction does
not issue 70 prevent act absolutely void, and which
cannot njure any (see fourth paragraph OF Comp
troller city Of New York vs. Mapcs J. G n, 20: Mayor
OF Brooklyn Mcrscrcau, 2dwend 1872 wggn Va May.
or Of New York, . Paige, l6)
has by s ancient charters which in this respect remain
IN FUN force the absolute right TO demise grant lease,
set assign and dispose of It's lands nj its will
and pleasure" Montgomery charter, II; 23d
authorizes the erection OF amshouses City charter and
kenis notes page "a and page 2ss.
This aower has frequently been exercised FOR chart
table and other public purposes lease given for
nominal rent Of the land on which the Crystal Palace was
erected No rent Is charged 10 the Fire Department for
engine houses, although that Corporation Is entirely sepa
rate from the City Corporation.
Tho Corporation " not limited in making grants or
leases peeunary consideration for the conveyance
demise and In the present instance gives the Of
piece ~ land 10 be occupied in the maintenance Of certain
orphans who but for this provision might and in all pro-
babilny would become charge upon the city.
g. The allegation Of fraud and corrupt motives 10 max
ing the lease made against the Corporation. s~l-h
charge deserves notice but is In fact false and sian
derous The motive for the corporate act in question
Of the highest character and fact warrantng sssp
TO the contrary has been be adducod Amere
allegation o corruption does not overcome the presump
acted honestly the discharge Of their duties. Besides,
no new thing for the guilty himself 70 Join IN the huc
and cry The appropriate answer 70 THIS allegation 10
Messrs. OConor, Brady and Glover appeared for the
Catholic Orphan Asylum; but without hearing those gen
uemen,
Judge Davies ssid-rf the amended charter Of 1867,
section IL applies this case the lease, when granted
will be absolutely void n that section does not apply
the lease within the power Of the Corporation and per-
fecty valid So whichever way the point raised by the
complainant should be decided, the injunction must be
denied. II the lease will be absolutely void u can do
harm and injunction Is unnecessary II the lease will
be valid Injunction ought not n be granted The pledge
n the property the city the public creditors by the
sinking fund ordinance creates necessity for nfunc
ton The lease will be subject TO the rights Of the credit
81 the city and the improvement Of the property by
the lessees instead Of diminishing ther security will In
crease u, Motion denied, with costs.
The case seemed 10 create very great interest.