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

In The CON Council IDB op0oo snos S~'~t 49,
,bs "a GOV remained h the treasury.
In The csee OF the execution paid 70 cenAan con
t,scor. az set rth in the last Annual Report OF 'ne
Controller, is shawn that these odsmeue ~e,c os
tsin on contracts originally based on assessments y,
the property benefited, which properly was eei s
tnken FOX the Central Park; aud it is worthy OF speci
remark that the drain from the Treasury to pay tnese
executions at this NONE ut constitutes portion VI ,no
on account of assessments, whch uas pre-
vented any cash payments for several months 10 con-
tractors fox work actually done assessment con-
tIscts. o,oo ,,p<c
peryisor resolved put into the tax levy TO improve
The Central Park, without any act OF the Legislature
authorizing il to be dore Mr.. Shepard applied To the
Supreme Court in his own name, as taxpayer, sna
obtained an Injunction from Judge Whiting, when
prevented the illegal proceeding and saved the Treas
ury from the overwhelming embarrassment when
might have follow the attempt TO add $2uoOo 70
the tax levy without the authority OF law.
Az far as can ascertain, the case OF Mr. LowDer
stands alcne, wthou. precedent and without
parallel. ,
N'' A. C. FLAGo. Controller
IAl NEw-YoRK, July 81, 1877.
On tie ID day Of March, 1857 uns Common CS S0
ell pr.s. resolution TO pay Robert Lowber 1896 900,
for block Of land on the East River, between oh-
te.rth and Seventeenth streets, and directed .he
Controller to purchase ard pay for the sane. iui'
the Coptoler declined TO do Tor tne iesson tna, W
provision had been u ade TO procure tno neooe'"i!
u, air by an act Of the Legislature
MIR. Lvber or the Counsel to the Corporation, then
mace stplcstion 10 the Legislature for az act 10
authorize loan for the purpose lne Lei'"'aioe 'u
Lot ass the act applied Tor.
Mr. Lowb.r then comm. need suit In the Supreme
Govt 10 recover 1856, coo from the CITY, uadsr me
the I, solution If TIE Common Council.
Ar the Controller believes the charter prohibits the
Common Council ir creating liabilities against tho
,ity except in anticipation of revenues exi'lng or
authorized by the IL gslsure, he desired the Counsel
To the CORPORATION 10 have the subject presented 10
the Judges Of the Court tor their cecISlon.
The counsel, however cobcurred with the COUNSEL
of Mr. Lowber IL referring the matter TO Daniel L.
Siehles, etQ.
On tie 9th inst, the transcript Of judgment wss
left at the Controller Office tor about s.oo'oOo'
which. it appears vas filed On the 18th OF june
The Controller applied to the counsel to have the
care appealed which he consents to have doho, pro.
yd, The Controller will furnish bonds to the amount
OF $4C0,tOO.
The object of this communication is to present TO
the tax payers Of this city the alternative Ut procur'
Ing bail ioi $4O0, OCO, or submit to gross wrong.
rBl No. 50 NASSAU ST., n. Y, Hsy ii, 1857.
1oA. G.. FLAGG, esq Controller, &c,-DeGr SIR
AS requested by you, have made survey OF the
lard above high-water mark bounded westerly ny
Avenue T., easteIly by the present bukhesd mortimer
y b, Seventeenth street, and souther.y by Sixteenth
street desClibed in the resolution adopted by The
Con mon Council directing you to purchase the same
at Robert w. LowbeT, fer the use and purpose ot .
usrket, and return herewith map Of the same,
dated this date and signed by me.
have originated on the n ap by pink co'or that
IoIton of the land lying westerly Of IomPkins street
as recognized by act Of the Legislature, passed Apl
10, 1896, and granted by the Mayor, &C., OF this
city to Hez.kiah Bradford and that portion lying east
ely Of the easteIly line of said Tompkins street by
brown color.
The dimensions, you will perceive, show that the
preset bukh.ad is four hundred and seyenty-fOur
feet three inches east of the easery side Of Ton pkns
street on the line of the nOrthery side OF Sixteenth
street, and five hundred and nlneyiour feet east OF
the same re of Tompkins street, on the lice OF the
sou;herly line Of Seventeenth street.
The resolution Of the Common Council referred to
above desigrates the property as "a block and part
" of block Of ground" ard in Dir. Lowber's offer
10 FELL the property as printed in the minutes OF the
Board of Councmen, under date Jan. l9, 1857, he
separates bis offers and bounds the property between
Sixteenth and Seventeeth streets by Avenue B but,
a. am not aware ofsny act Of the Legislature altering
the nap of that part OF the city since April u.s. 1870,
except one passed May H. 1885, which author lied
chsnge of the line of Tompkns street, certain con,
oitions. which have never been complied with; anu
Avenue d. between Sixteenth and Seventeenth streets,
never having been legally laid out to my knowledge,
have not shown II.
The present bulkhead on the easterly line of the
and to be conveyed, does not extend north as far
the center line Of Seventeenth street. continued, by
about Xix feet
In regard 10 the elevation of the filling on the prop
erty, most Of it s Of suitable hight for the erection Of
Blu ldngs but Sixteenth street Is not regulated to
sufficient hight for setting curb and gutter, and paw
pg and Seventeenth street is only partially filed for
a victh, on an average, Of about twenty-five feet
There lis gap in the bukhesd on a line Of Seven
tee nth street commencing about four hundred feet east
of Avenue {, and extending eastery about two humid
red feet through which high tides flow to about forty
feet souih Of Seventeenth street and the action of the
tides AID storms is, to wash out the filling behind the
gap.
The foregoing is, believe, an answer to your re-
quest but, il any further information 10 desired from
ne, it will be cheeriully and promptly given if within
the command Of Yours most respectfully,
JOHN j. SERRELL City Surveyor
APPENDIX.
After the foregoing communication was presented
10 the Board of CouI cilmen, and referred to the HI
bapce Committee that Committee was convened, and
tie Counsel TO the Corporation made sundry state
uents to the Committee which deem it not inappro
pirate to correct and explain in an appendix to that
communication.
Mr. Busted introduces a copy of letter to the