New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-20

wv. On one Vi theee ocoa~snng ] replied thai =
usually paid the sum certified by the Counsel a ~
Corporation having reference y Messrs DIM -
Shepard. ! was not aware that Jonathan ssos -
bad been nsm.d as referee Ss'l The i.ct vas brossE
ard published in The Times, about the o0tb NJ I.S
When the euh was come enced had hoosA f.
the question would have been left 10 the decsion ~
the Judges Of the Supreme Court And ~. I~S;S,
opinion which Mr. Busted admits be ests,tsESSs
favor Of Mr.. Lowbers claim induced s,e 10 .r,~ss
that. IN selecting referee he had made cho;,.
who entertained views similar TO his own.
Under ,hese circumstances mmedistelv ..u.s -.
Nh Buste, de Office and, as he 20. in a H. -:
LETT a message for him with Mr. Wicoxson In ,~i
to the employment Of counsel to present to The rss,es
and TO the Court such ponts ~ might Do essential 70
nrot, ct the tax PAYERS from unlawful debt: and "a
Cty Treasury from embarrassment. In the eoarse Of
the same dsy Mr.. Busted called ct the sdice, In
company with Mr.. Sickles: After some Prslini-
nary conversation, the SELECTION OF Mr.. Evazs,
as counsel wa determined on IL appeared that .
hearing before the referee had been fixed upon r that
afternoon and Mr.. Sickes remarked that he woad Be
compelled 10 defer the matter until next week, the
meeting pass over a. he was to leave town me eez
MORT ing then replied thst the poetponsment for .
week would suit me. a. desired 10 present certain
Gocun cuts 10 Mr. EvaIts in relation 20 the conro-
very b. ween Mr. IO~ber and the city. MIR. Bus.
teed SAID tha, be would ak to Mr. Evars to attend
10 the euit.
A day or ,wo after this interview called on Mr..
Evsrts are learned from him that he Was noti6ed 10
attend ~ the argument OF tbs suit on the afternoon OF
tie day above alluded to- that he made his argoneas
before the referee, and would give his points ~ tho
ref. RE in due time
to the importance Of appealing he csse ana bring %
the ~huic subject beftr, the Sopreme Court 10 casa
tie report If The referee war III favor Of LOwbers
claim. He stated to NE tia: be would Do roady It
ary time 10 argue the Gaze before the Soprsma
Cont: bur in regard to occurring IN appeal, and
hesrrs b, fore the full bench every thing depended %
TIE Counsel t. the Corporation IS he was the attorney
SUBS. auently to this, wrced UPON H.. Bustecd ny
strung solicitude, in case OF an sdvere nPo,s .Sa
the Iefrte. to have the ~noio supJ.,t Drought De-
fore the Supreme Court, and to have the question q
TO toe night of the Common Council to create debt
without pi,existing reNeIues Tor It's paymn NJ pat
at rect he ssured that in sucb an event The case
shculd be app. al, d. ! rested on this assurance
until sope day after the Goth If July, when Mr. STRAIT.
ton hsrced 10 Mr.. ID kemSn tho copy Of record VI
judgment for $l99 OC6 in favor OF NJ Lowber l iu,"
medstely -eLt to the Counsel to the Corporation To
ascertain why thc case had not been appealed. Tho
Counsel was out and his rsgister was examined "
see whether the important Intelligence commaocatee
to the Fir anCe Department had also been Transmitted
10 the Ccurse 10 the Cooperation. There WAS M
eDtIy of judgment on the register of the COUNSEL
The register Of M. Lswbcrs attorney was examined
and DO entry OF the judgment was found there.
In a few DAYS Mr. Busted returned 10 the city, and
called at the Controllers Office. When 1 urged on
bin the necessity Of sppeailng. or our opening ne
case getting stay OF th' Jn'gment, ne saIu mo
time for sliIs was Pass.d, expressed ny ~
tsnisbneDt that the report OF the referees anu tne
entry of the Judgment should have been kept pro-
found secret from unit the time OF app ins was
passed and called his attention to the fact thai there
was no entry on his register IN regard ~ the Judg
ment; be then asked his clerk who was with him
whether notice had been given at their office, the
clerk replied "now Mr.. Buoteed then said We are
entitled 10 notice. and If that has not been given,
there are s thirty days for appeal but you VIII be
required 10 get bail to the amount OF $iO0,0 0O
The he 1t day the attorney Of Hr Lowber called at
the Office and assured m. that notice had been given
and that there was no change to appeal; Gay on
two after that Deputy Sheriff Nulfee called with "a
execution for the amount claimed Dy Mr.. Lowber.
Ii appears by the map referred to sbove) prepared
by Mr. Ssne that than two thirds OF the plot OF
ground conveyed by Mr. Lowber TO the city AMI on
which be has obtained judgment of about 500 00O
lice Outsde Of ToDpkiDs street. which Is the exterior
line yoDd Tompkns street the land belongs to the
people the State Of New York and no conveyance
the city. All the lard included in Mr.. LOwbers con-
veysnce, for which grant has been given by the
city en- bractd in that portion of the map Of pink
color or west Uf TOnpkins street, consisting Of about
1--WE pty lots; and for these twenty lots Mr. LOwber
holds q udem tDt of about 100000 on which he Is
about " sell all the personal property OF the Corpors-
In the wear 1853 application was made to the Com
u;..oners of the Sinking Fund for grant of land un
Der water beyond east Of TOmpkins street. The
epp, oon was referred to the Controller " examine
Or he 5th March, 1853, the Controller made re-
port thereon which contains the following facts in
regard to the legal exterior Line, the grants Of tho
STA to end from the COpUI ahon and the resolutions
OF the Common Council respecting the exterior fns-
which mbrsces the land proposed 10 DO sold to the
city by Mr. Ii wber Amer discussing several other
points il relation to the application the report adds:
whether they will make giant beyond Tompkins street.
sny in. The fA Of n the grants
s. of 1895 10 in very dubious state In the memorial Of the
If
Tonphns street the eItror line the Ess. River be-
80 Th. m.moss. Llese that owing to the nat and low
ground the uncertainty Of the line the ndsnts
Grsnd and T~ eotJ third they have found impossible
70 D the regulation part the city the inns Of
TO mahe al exterior called Tompkns street. aud make
0 , s.s IN 70 Temp. and they s
msr me passed the act Of 1896 the second secsr
Bet enacted &c, That Tompkin' street. sioas The East
River shall b. the exterior street the East RIVER
srspt. by the ssd Corporation shall be
construed nsde to extend thereto aud that all the
provisions 81 the f e and the several acts smenstoy
thereof and in addition thereto shall be construed to apply
= In 1852 Benjamin Wright, who then Street Commits
soner, made report resolution foD he Board Of Asd
Which he hones the great quantity Of sas weh %oad s
required in extending the to Tompkins syenns which
he ssys thsn third mile the Of
the river He therefore recommended the adoption
nor ne and the se.DsOnrsnt Of Tomplns :yenae :. tho
and then following down Fourteenth street to romPsins
IoUpkins nGe. a. Twenfy-
third street at Eighees.h street il strikes Avenue g.
sixteenth street ID about thd Of the from
TO and then line is drawn So to strike Avenue 1t
Fourteenth street
"oh tn. 9Th Of February @ the Board of Aldermen adopted
the follow ing solution,
Rsotred That this Board with the Board Of Ass
ant AdiusD adopting the plan repted by tho street Com
is.ioDsr under date November IL S the Regulations
Of that q the island lying east of the Third avenue De-
tween Fourteenth and Twenty third streets define sted on
said por permanent plan Of regula
for the ground. specified HI. 'd port whenever the
parties bodilg the grants, otwc~n rhtcentn ana
Twenty third streets, shall enter INTO such eea cove
rsr,s in relation to 'urend.nns .nst pesent grants
new ou,s bo,Ldsd BY the line Low proposed 70 b.