New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-09-22
THE LORBER BARGAIN-ITS PRLSh"1
POSITION

heard except by c0nrft % 'he c""n''' - '"' UP"
ration. The authority obtained 10y him from the At
,os,4y-GeneraI to use the name OF the People IN
s.,e T. not allowed rs enti;ling the Controller TO Be
heard. L. order TO appeal, and procure a xsy Of tie
execution II is necessary for the City 20 give bail in
500, GO0--doube the amount Of the Judgment.
MI Whiting, who has ably defended the city in this
eaee under direction of the Controller is excluded;
and in order to have the case opened, or to git
ay Of the execution it il necessary that the Common
Council adop, resolution TO that effect aud authorize
The name Of The Mayor, Aldermen and Conmonaiy"
10 b. used fair hearing in regard to the question Of
the title Of the mud hole sought TO be forced upon the
tsxpayers cannot BE- had until such action is taken.
II is important that of the kind be adopted
immediately for il neglected the execution will have
TO be satisfied if it requires the sale OF the City
Hall and Park, which possibly it may. Action must
therefore be- speedy to b. Of any service The execu-
ton if pressed now be paid only by the sale Of
Corporation property, for appropriation has been
, mode Ia meet the LQwbtr demand.
There If no revenue which the Common Council can
anticipate. The Controller has authority to Dor
row, to issue stocks bonds, az the charter ex-
essy SAYS the Common Council shall not borrow any
money on credit Of the Corporation, except in antic
patton OF the revenue Of the year in which the loan IL
made The tax ordinance for raising s. 600, 900 for
the year 1855 appropates every dollar TO specific OBJ
jccts and declares that portion shall be used for
purposes other than which it was raised
Tse Controller to I.ovbers demand for payment
few day since showed him the lave whereby he could
not pay dollar of the sum. Lowber astonished
" find that the Common Council prohibited from
borrowing but seemed determined have the 500 900
out of the city shortly. The Controller pointed out
the only way TO have the demand satisfied and that
was to sell the Park and City Hall. The Controller
has done his utmost against this outrage on the tax
payers and all that remains for him to do is to hope
that the Common Council will authorize the name Of
the Mayor, Aldermen and Colnmonalty to reopen the
ease
The future action Of the Counsel TO the Corporation
IL looked for with considerable anxiety in this case.
The Controller has acted for the City opposed by the
Counsel to the Corporation, well the Common
Council. The latter with Mr.. Buseed instead of de-
Tending the rights OF the Taxpayers have openly taken
the part of Lowber in s sale of land, large portion
ofwbch is believed to be the property of the State
In connection with this subject it is not out of place
10 State that up to 1851 ordnaoce existed providing
that, when necessary, the Controller might employ
counsel TO assist the Counsel to the Corporation by
consent Of the Mayor but when the ordinances were
being revised under the new charter last Fall, that
section was stricken ont and he sole power vested in
the Corporation Counsel to employ other counsel.
The result of taking 90 necessary aprvilege from
the Controller is in the Iowber case.
Mr. Bu-teed is also Counsel for the Supervisors, al
a salary "a allowed in the State law, not to exceed
o. 600 year. In that law, Mr.. Sickles saw the i'm
portance when it was being framed, of having Mr.
Busted provided for. Mr. Sicles could judge Of the
arduous duties OF the Counsel to the Corporation, hav
ing city cases to attend to for him when in Albany
For attending these cases Mr.. Sckles got out OF the
City Treasury $1,000 good turn deserving another
The following is the Controllers communication to
the Mayor ON the subject. The Mayor has laid it
before the Common Council, and the Finance Com
mttee are expected to report at the next meeting;
... DEPARTMENT FINANCE. CONTROLLERS OFFICE.
DANIEL =. TiEMASS, Mayor of the Cry OF Sew.iors:
DEAR SIR; BY decision rendered by Mr.. Justice
Incraham at n Special Term of the Supreme Court ON
the 18th inst. the motion to dismiss the complaint in
the case Of The People and Azariah {. Flagg agt.
Robert W. LOwber and the Mayor, &C., OF New-lork,
was granted and il may be that the Judgment for
$l96,O00, and interest which was entered mp on the
i2th day of june 1857, against the Corporation of
this city, in favor of Mr.. Lowber, has thereby been
restored to full force.
For more than year past, with the aid of james
X. Whiting, esq, have endeayored To prevent the
collection of the execution in the hands OF the Sheriff
TO satisfy the claim of Mr.. Lowber, believing that the
land he proposed To sell not worth the sum which
the Corporation were TO pay for it, and also believing
that Mr. Lowber had not good title to the major part
Of IT, and in all the proceedings in Court relating to
from August, 1881, until last week, have been SO far
sustained by the Justices of the Supreme Court that
they allow cd my standing Controller or a. Copo-
raor and taxpayer 10 maintain an action TO test the
regularity of the proceedings IN relation TO the pur
chase from Mr.. Lowber and also the suiciency of the
title which he proposed TO deliver.
Dir. Justice Roosevelt on the 18th September, 1857,
made an order setting aside aad vacatlng the judg-
mcnt and execution obtained by Mr.. Lowber and pro-
yiding icr trial ON the merits of the case From
this order Mr.. Lowber appealed TO the Judges holding
The General Term of the Supreme Court, who on the
9Th December, 1857, with Justices Mitchell Cerke and
Peabody present, modified bat substantially affirmed
the decision of Mr.. Justice Roosevelt, and ordered
trial certain conditions which complied with
by me Nh LOwber aiterward moved to dissolve the
Induction, and the argued at full length be-
fore Mr. Justice Davies. who decided that the inuuc-
ton order should restrain any further proceedings ia
the suit instituted by Mr.. Lowber until the final deter
mnation Of the sui allowed by the order of the Gem
era Term.
In June last argument was had before Mr.. Justice
Ingrahum ut Special Term. by Jas. Il. Whiting, esd,
on nay behalf, and Messrs. N0yes, BuSteed, Barbour
and Cowlos on behalf of Mr.. Lowbcr and Mr.. Whiting
endeayored TO have the tried on It's merits, in
cOrdance with the order of the General Term. The
.opporing counsel moved and argued To dismiss the
complaint the ground that since the General Term
had made the order allowing me as taxpayer or COR
porator, or otherwise, 10 maintain the action, another
decision had been made 10y another General Term, at
which Justices Bacom, Clerkc and Sutherland pre-
sided that taxpayer could maintain such an action;
aud Mr.. Justice lDgraham, in his decision on the lth
instant states tLat under that decision he would lie
bound 10 dismiss the complaints and after long ar
gunent on the subject of fraud by the Common Coun-
ell not being charged in my compant and emitting 10
pass upon the important ayermeut made by me tina;
Mr. Lowber had no title to the land lie proposed 10
convey he does grant the motion to dismiss the COM
plant.
81 49, who have aided nd