The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-22

And this is the practical conclusion at which
we arrive-that the admission of Kansas as a free
State is sure thing. and that this solution OF
the controversy will enter into the successful is
sues of the next Presidential election.
The Low Der Observation-Disclosures Fight
Between the Common Council, Comptrollsr
and Corporation Council.
We published on Thursday copies of the afida-
Wits of Mr.. Comptroller Fiagg, ex-Jadge Whiting
and Surveyor Serrell on which Judge Peabody
granted a stay OF proceedings on an execution
at the suit of Mr. Robert ". Lovber, levied
upon the goods and ohattels Of the city.
The property seized to satisfy this execution
was to have been sold yesterday, but by
virtue of the order of Judge Peabody the
city is relieved from the disgrace aud loss
which would have attended this sale Of its
property, and Mr.. Lowber is ordered to show
cause on the eth Of September at the special term
of the Supreme Court, why the judgment aud
execution obtained BY him against the city should
moi be set aside, and why the action on which he
obtained judgment should not be reopened.
There are three parties arraigned before the
public in relation to this complicated matter.
First, there are Mr.. Lowber and the Common
Council a. one party-the allegation against
them being that the passage of the ordinance d.
recting the purchase Of this property, which is the
subject of the whole difficulty, was obtained by
fraud; OF, if not 30 obtained, that at least the
Common Council was not justified in passing it.
Then there comes in Mr.. Busted, Counsel to the
Corporation, who is arraigned by TIE Comptroller
for favoring the cause Of Mr. Lowbcr, permitting
Judgment and execution TO be obtained against
the city without notification to the Comptroller,
and for net having awaited himself Of the right
of appeal within the time allowed by law. And
lastly, Mr.. Flagy himself is arraigned before the
public, charged with a crotchety and unjustifa-
BILE meddling with the matter, with lbelling the
fair fame of the Conmon Council, getting the
city into improper litigation, and bling alto
gether q most unmanageable official.
The history Of the case is briefly related in one
of the afiaavits which we rublished on Thu rsday
| II appears that come time IN February, 1876, a
petition was presented to the Board of Council
men purporting to be signed by many up town
residents, praying for the establishment OF a
market at some place on the East river and nea,
Fourteenth street This movement, after various
references reports and communications, ended in
the passage, about the 18th Of February, 1867, OF
the following resolutions
Resolved That be Comptroller be, ana he Ia hereby, d.
reced purchase without delay, for the use and purpose
VI Market the property OF Rooer W. LoWber, comprs-
ng q tock and par & block OF ground |, ing and DO
.,x In the Ella heenth wAyd and bounded by sxveentc
.Seet. avenue and the Fart river, together with
N~ILh In
o.Sevenconlh street. and ,hs vsser front oetseen toe
lines OF said streets - contained Tor the sam OF one
hundred and npey tpousand dollars (tip6 0ool, the
O. porauon assuming The and asscssmenn un paid
III ,eon accordance wsh tho propo i'on suomised 70
tbs Comptroller by Robcy W, Iowoor, under date OF NO
We ubor g. 1885, iAs property - be conveyed by good
Anc sufficient decd, FREQ and clear OF all sns
snS o N ,hs ,.s beng Approved BY the Gsunse
10 i Corporation and The OF Slst OcO herooy ap
proraco t the puIpote aioresAd and ne s.a
Anal 1 Of exceed the sum Of s2,bco .
ReA lyed That the said premise. when purchased shall
be a. ssvN the control and supervision o inc Oomms
sionei Of me sikbg Fund.
IT. ,se resolutions not having been vetoed by
the syor. nor returned with his approval, be
came operative. Mr.. Lowber applied to the
Conn doller for bis warrant for the cash, ofer'
inc hi N In return deed Of the property. The
Comm roller refused to draw bis warrant for the
money and declined to accept the deed. Mr.
Lowbei brought an action against the city fo
the 10000. The Comptroller employed
counsel TO defend the suit. A reference wa
agreed o. Mr.. Daniel T. Sckles was the sol
referee. The matter was argued before him Mr.
Eyarts appeared and argued the case for III
Com,trc der. The referee on the ith OF June las
rcported in favor Of Lowbcr; and on the sam
dsv iud- nent wa entered Tor sl99,Sj3 -.
curious circumstance in the case il that tn
Comptroll er, according 10 his statement unde
oath. kne, nothing Of the entering OF judgmen
or Of The i, ue of execution, until the Esd Of July
when The IL Wy was made, and when the perio
allowed bv1 aw for appealing from the judgmer
had elanssd Who Ia TO be blamed here?--th
Corporation counsel. the special counsel or M
Flagg himself for his own remiSsness ana negi
rence in tbet natter?
MFR. Busted , in q communication presented o
Thursday even ing to the Common Council, defend
and iusti6es hi ,own course, while Mr. Flsgg in
like communica ton presented at the same time II
CLIMATES The Co ansel, tries 10 shield himsen, al
attemn,s IN sbo, that Mr.. Lovber had no tit
whatever to two thirds Of the property which
undertake 20 sell In this, as well as in 9th
matters Of fact and Of opinion, Busted al
Flagg are direct " at Issue BUSTED gave
certificate Of title and in that only endorsed u
opipion of Messrs OConor Noyes and othcl
In reference 20 tb, selection Of referee, too, Z
question of relat we veracity arises pe'"e
them. Mr.. Bust sed' In hh communicate
says: =
Out OF a list Of hafa doren persons wncse names y
gested the Comptroller ssec'cu psnlea ooAo -.
snd stsgped a. reaso i.os =. .ua s Y, ~,
with Corporai N affairs eroNnk ou, W "o o"Os' 'o~
which nc formerly susts neo "'oe o'V'
How docs this ia Wy with Mr. Flsgg's ass
ton p
=, ol.,,u ~ Tho o,ho, remarks Mr. Bas,eed's spoc
+, ~ -. r., ~ 800 w. iSois a. referee .
80 ~ I.e. 90. - . p-l-ed had selec