The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-23
Hoard 81 Al. eymsu.

Hoard 81 Al evmsn.
vARu DEBATE ON rux LowBsR sLATn-rHn cnspo
RATION COUNSEL MAxks a LING EXPLANATION
AND II AUTHokIzFD TO ooMPRL rBS CON 'rHyLLsa
TO PAY THE MONEY.
About O'Clock rhsr.day ane- noenlhere beiox
x the members Of the Board presentaiderman Ciancr
e1k the ,hsr and said ye meeting aad oonvensd in
PURSUANCE CT tn, foiio sing call
To rHn Hon THE MAYOR or THE Cry or New YORK;
We the Undersigned, members of the s'aTd Of Alder
respectfully reqce.t your Houor 10 o"n enc the said
Beard Thursday tho 20,h inst IN take snch ton
the matter OF the judgment which has been recovered
again he city by Robert Lnahcr, a. MAJ nc noaa.
ssry ana prepay and IN prevent " poss'he the sale By
the Sheriff OF the city property 10 satisfy said Judgment
John Cancv, Potter Mon gnan,
J II Valentine, Morgan 1. Harris
James /. Steers, VIM Wilson
B. BantA, u hctinneli,
Pete rulImer, Henry doumirs,
Thomas hcspedon, James Gri!i,hs
The reading OF the minutes being, molten o.
Alderman WILSON suspendcd Alderman HUNT offered 10"
fol owing
Where's, Robert W. Lo~bev has obtsised judgment
In the Superior Court o. us State aaan.t tho Mayor,
ALDERMEN and CommoBalty cf the CITY for me rum or
The 5rt perty of the OFT ievies upon
And whereas, II IL fully believed that the city hs,
nod and proper 6efepos N make against he call oslm
court
Ard Whereas Ric- ard Bustccd tao Ounsrl tn tho Or
porstou retipg n take measures 10 re ieve the c
from he said Judgment, Mrssrs Whiting aud 'srx nave
obtained an order staying the proc-ed'uxs OF the said
i
O stroller ard intend the FIR RELIEF
In ihs premsee-Sow, 10 order n any embsr
mept that Nse from ary oscion that may b. u,ads
tht the eais Whiting and clark nos beinY the al
councillors this Co poraop therefore net authorized
by 10" to app,r on behalf or the CITY The efore,
Resolved, That the raid Whiting and Clark bo and
hereby authorized and empowered IN Ia tho said
case for The defendants, and to represent tho Mayor
dermen and Common Council In tho said ,u AID y, take
soch and all steps IN said set aside said
prosecution and Judgment, and be let into defence
any other sep that they nay deem Dc and proper
md ttA
nha nation In that or any appellate curt provided
the fsme Ia no expense TO the city
Alder man MOSPEDos sad iha he objected 70 the resolu
tons Tie contract had been made aud the co-rs had
oecded and the Fly question vas should the CITY aiu
their contract. or allow ia pro-er 70 bs sed IN execu
iorP He moved to Law the resolutions on the table
The motion being seek nded, was put and carried BY
vote OF ten to three.
COMMUNICATION FROM TIE CORPORATION COUNSEL on THE
LowBsR
The CDnmis then announced Iost . communication hat
been received from the Corporation Counsel which the
reader pr c. eJed 10 read:
Alderman WILSON moved that the communication bs
recei ed, and Ave tpous ,ud copies bs prnted He
wanted the docu mept TO 60 through tue oiy
Alderman " CKxR ohjeoed ~ printing ~ many copies
There war pothiug n the document tha. worth
not worth the paper II printed on Hs denied
that the Comptroller 81 used any such language had
been Attributed 70 MN in speaking or the comm1n Qua
Gil The question riercly one OF veracity bet sesn
the Counsel TO the Corporation aud tGo Comptroller and
It wout be ~a.ie Of pager 70 printh He wa In favor
Of printing the ususl number, but Hould prefer givins
$500 have the whole scheme exp,sed he demo inced
the contrast as n s~ndle from beginning tn end.
that the I've bous and copies OF Mr. Biseeis uinioA
mens which bad been made In some quarters with respect
| to the Common Council.
The amendmen, to print the usual Der lost. and
the motion 10 receive tho communication and print dve
thousand copies carried.
Alderman McSPiDoS offered the following
| Whereas, Judgment was on he 12tn or Juno las,
rendered In the Supreme Court In favor OF Robert W
LOwber sgant the Mayor Aldermen and Commopalty OF
the CITY, upon which Judgment and ex Gu ion has been
| hr
Resolved That the Counsel 10 tho Corporation be, and
hereby directed TO institute such ,eedinss NAV be
necessary snd proper 10 enforce the Of the said
| judgment and execution by the Comptroller
Resolved, That the Counsel 10 The Corporation be and
hereby authorized and empowered In case he shall
deem the expedi,nt. to enter into sipula ion
agreement With The lsinn IN the said j1dgmen', hi,
attorney and tue Sheriff. for the release OF the sonal
property OF the city the levy already made which
might be made uron said judgment by virtue Of the
tit therein and for the levy Of the upon aud sale
the real state Of the Mayor, Aldermen and Com monaly
Res olved, That the Counsel 70 the Corporati appear
and defend the rights OF the Mayor, Aldermen ana Com
mopsliy Of the city Of New York in any action pro
ceediDg touching or arising from said Judgment
| ALDERMAN TUCKER RESOLUTION
Aldermen TucSKR spoke n, length in 81 port Of
the resolution suppoans 70 be the name offered by Mr.
Alderman Brrsr explained that this was . new resou
Alderman TUCKER proceeded at some hns.h to oppose
the resolution, and argue hat the claim Of Mr. Lowber
could not be co ected even upon execution, without tbs
co operation OF the Common Council as had predcs-d
contract and the thing had turned out he d. He OBJ
jected to the Common Council taking any action in The
matter, a. the movement more 70 protect tue int
| rests Of Mr.. Lowber than Of the city
Alderman CoUlrsR spoke In favor OF the resout He
had opposed the meare would appear by the record
bet nos that had passed ho Was In favor Of upholdinE
| the city . dignity.
Alderman TUCKER vehem, ntly asserted that II tho Oom
Cour Gil not 70 Interfere Mr. wbcr never
collect the money. Why could not the Board empower
counsel without expense 10 defend the CITY, ami
this spendruref He believed that since
Nessrs whiting erd Clark willing defend the city
without II worth while In order TO
| eipa 600 OF this In mense contract
Alderman kc.FBDoS spoke In favor OF the resolution,
He argued that M Flsgg the servant Of the ry and
| bound 70 carry out ip contracts instead OF impeding
| them, II the Comptroller would not ray no should
| TO do his duty The city had bought the Arsenal
| properly sinee this execution was issued apd Mr.
| flaeg had sgned the check for $3.50 900
Mr. Lowber had gacousy permitted tho city properly 10
BE- kept from the suctiopeers hammer for time snd the
question wss how could be permanently Ayoidedi rae
resolution would answer the ques ion for provided that
Mr. Fagg should be compelled by legal process TO do his
| duty.
Mr. BIrrr spoke briefly against the resolution sho wing
that II adopted expense would be Insured sgainst
the citys interest,"; while Messrs. Clark and Whiting
were allowed 70 defend The city, would Certainly coat
The question then taken on tho resolution aud
| they were adopted by vote OF eio3
Aid Blunt made dectua attempt 10 get his rssou
ton from the table aer which the Bosrd VI ourned
Additional from Mexico
OR yERA CarZ CORRESPONDENTS.
| vnt CsUz, August4, 1857.
Election Of Pr,nd>yv-Cbmcoyt. Onore1 aud "A, Ctiiiu
tcn-Th> spopish Inpus,oy-Snuo,lin on NE Pfvn.isT