The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-14

In ehe Conaptx0Alss's OMo-TAe koWber
Hubbub.
The sale OF the property Of the city to satisfy
an execution obtained by Robert W. Lowber,
in default Of payment by the Comptroller for
property bought Of him by the Corporation, did
not take place yesterday as was intended 1t
was postponed for q week, at the request of the
Corporation Counsel, In order to enable him to
procure mandamus compelling Mr.. Flsgg to
accept the deed Of sale and pay the money.
This is the latest phase in the history of tho
citys degradation; and heaven knows tor some
months past the varied features of that history
have been dark and ominous enough. Property
and life unprotected; all public improvements
arrested; laborers defrauded of their hire; public
officials tusse{ing in the arena, . melancholy
spectacle for the whole country, while rufiau
crime walks abroad In the streets unmolested.
And now the property of the city in the hands of
the Sheriff to satisfy creditor who alleges
that he sold his property on the good faith Of
the Corporation. ..
Although the case of the Lowber estate has
been making some excitement of late, very few
people understand what it all means; and 80 sick
and wearied have they become Of Law proceed
ipgs, in which public officials and claimants to
Office have been engaged in this city for months
past, that none but those interested will read
either the arguments of counsel or the decision
of judges. The proceedings in our courts of
law arising out OF the wicked legislation at
Albany last session have become great public
nuisance.
We will give in brief history of this Lowber
case, to save our readers the trouble Of wading
through mass of documents.
Az far back as 1858 it appears that some of
the residents between Houston aud Twenty third
streets, along the East river, petitioned the Com
the ground that they were compelled either to
purchase their produce from the retail dealers or
20 to Washington Market for their provisions
These petitions continued to be circulated until
at length, in August, 1856, under the pressure of
petitions and other means, the Council passed
resolution directing the Comptroller to advertise
for sealed proposals to sell to the city block
suitable for market, which be did, naming the
sixth of November as the day on which the bids
should be opened. On that day three bids were
submitted, namely, the block from Tenth to
Eleventh streets the block between Twenty
third and Twenty-fouth streets, avenue aud
First avenue, and the block between Sixteenth
and Seventeenth streets-Mr. Lowber' sproperty-
now at ifsue. 1t was found on investigation that
the first lot would cost when fit for the required
purpose, 1888, O0O-the second would cost at the
price asked, sl97 oil, with ten years leases on
O portion of it, which would have to be extin-
suished at considerable expense-Ae third
No action was taken on these proposals until
January, 1857, when the committee of the
Council reported in favor OF Lowber's pro-
posal This report was accompanied by a reso-
luton directing the Comptroller to purchase this
property on deeds being duly executed and the
title approved of by the Counsel for the Corpora
ton. The Board of Aldermen examined the pro-
rerty, and subsequently passed the report of the
Council committee by vote of sixteen to five.
Mr. Lowber then called on the Comptroller Mr..
Flagg, with the deed of sale and the Corporation
Counsels certificate Of title, and applied for pay
ment. Mr.. Flagg refused to pay the money, and
alleged, as one of his reasons, that the Corpora
ton were not entitled TO make the purchase He
relies for this opinion on the authority of the
10th section of the charter Of 1880, which de-
clares that
The Common Council shall have authority borrow
any Of ,ney Whatever on The credit Of the oorpo
raon excep In anticipation Of the revenue q NE year In
which such loan shan be made, unless authorzed By q
Q pecisl act OF the LegiaAture-
And as there is no money now at the disposal
Of the Common Council, IL would be necessary TO
raise loan in order TO purchase this property.
OF the eight millions of dollars 10 be raised by
taxation for the year 1857, six millions have al
ready been raised on loans and expended; while
there is yet due on the first of January next three
millions, chargeable to the Sinking Fund. I'm
der these circumstances Mr.. Flagg declares that
1t will require the closest economy to keep the
treasury with its head above water. Again: the
Comptroller argues that he is restrained from
paying money for the required purpose by the
second section Of the tax law, which prohibits the
Of any portion of the eight millions
levied for any purpose but those specifically laid
down in the law among which the purchase of
ground for market does not appear.
So much for Mr.. Flagg's view of the subject
But it appears that Mr. Busted thinks that the
Common Council have the right under the char
ter to raise loan without any act of the Legis-
lature, except under certain restrictions, which
do not apply to this case; and accordingly, when
applied to 10 defend the suit brought against the
city by Mr.. Lowber for $4,000, he declared that
no legitimate defence could be made aud that
unless the Comptroller consented;to pay the sum,
the suit would be lost, and an execution must
be put in force.
Mr.. Flagg, not content with this opinion, urged
the appointment Of another counsel, and Mr..
Evarts was selected. BY consent the matter was