The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-11

" "authcrzed 10 erpuv additional counsel" Il u s.
l8 SEC I'D But resolution OF .he Land Comnisscner,
snbcogh he be Of she members o. the Board, e.
pecHiy he Wac MT present aDd the Rw, - u does,
give: al me powers .S 70 The ,os 1tafy no
inert M all ny she Board Board and not ~ either
" IN ocio members and in 'ner dlanc aad separa'e
sspscEes And hoe could private counee sbs empoyed
without the GnO HleJse Of tue Attorney Gscera', add
without nfcynspg him Of Tho ex sience 81 ths suit Do
salo 10 be "counsei additional IN hump me resolution
ref ,red 30 VAS therefore, nudity, and remains nu
lily not sthst1ndpe the action OF the Alto ney General
ON abe Sh Of June aa hs poet noftem letter Of that
dase ccpseDGDg that the action be c0aiialed the
OF the peopie cannot resusccaAe dead proceed.
ing, and which never had any VITALITY. All the n,-
pc,taDt siepe The sut-the cOInpls o. he nunctoa
ths receiver the parts .ral the Judgment ne
toD, sne ch pror The dste OF tnss
oonsent, aud we're, therefore, al illegal snd VOID ~
sea MS both ihe city and the Sate, and II nos
eonpeteDs 10 the Attorney GenerA, by any posi-
faeto vni,icD on his part " prevent their bsipg
from inei hvaIiahy. Ibey were void-nos vo'dAbIs.
1nere was no power 10 she lAtn Board pcspactveiy 10
dispense ~,n the Attorney General and no power h. tne
As'oEsy General rctToepeutiyev 10 dispense vito nu,
SET TIE consen. OF toe Attorney General on tae $50 o.
June that te OF course, 81 far as aoy
thpg after date done-ad0I1 he Continued
sss uaao u toe people, was doubt ufosent
sx1g any subee4 pruceectrgs Bat hs "desre &C
esIpsDypg ii ths. 30 ossotion based upoa the aesa-
ton Of any Of authority 20 prosecute SAID sc,foo Ia
the name OF TIE pope as piaiDt fs should prevail
although entitled 70 the moot respectful consideration rs
meter Of coorteey, car have no retroactive esct a.
Of law The law Of the land and t1e rights OK
ssperr ske 10 &. ''dcse So "csnse0ts'
diapnse VITA tbs nor divert interfere with the
Other
Conrse have cited section Of the act In relation to the
efce o; Attorney General q r. 1871, 10 which IN Incl
dental aus0n 20 actions Of eectment drought by
the Attorney General by the direc ion OF tho Comns
sopeis VI the Land Office DO iucongrity wever
IN allowing the Commissioners 10 certain cases 70 drect
Salts and al the Fame time another sectlon, providing
this. sach SUITS when 80 dreced by the Commssioaers,
eha be "prosecused" by the Attorney General, 0y
him Alone unless he, ana not the Commissioners shall
ht, by resson OF the press Of o.ner oAcal dutes 10
plcy Traditional counsel" II this view OF the law
correctand zee to doubt lit the app,ntaent
BY the Commissioners Of private counsel $50 take charge
Of the interests Of the Sac in this scion,
sight and gave authority 10 the ttpRushed appontee,
bey0pd what be received from his individual clients The
PEOPLE, consequently, as matter Of law, not repre-
sent 10 SUIT and incurred no and aclu.e.
ed rights either from the order question from the
Rpdefepded judgment that folio we'd upon IL.
But the Commissioners had authority 70 direct"
action the present matter by whom conducted.
"yhe general care aud supcrinsepdence of all lanas
belonging 10 The Sate Il S. 1887 interpreted by the
application 10 the bed OF the Huissn river II means
hands IN tie common acceptato Of that termiands Wild
q improved, Of which the State the original owner,
or 70 which had become entitled by foreclosure, pur
chase, escheat gift surely coud have been
contemplated that by the and by the force Ut
these general expressions the Commissioners the Land
Oh, we're survey" s'selW grant" or "lease'
The bed Of the Hucson or the promotion Of the settlement
thereof taking care to observe tie Injunction Dot to
cell more than twenty thousand at auction
End TO "expoEe to fale each lot separately q r. g., 20O
that they direct eectment quits preserve
they we're TO from obstr action by granting
leases to private individuals with liberty by implication
~ hl up and build on themselves to build the
kliirg aGesoy done ut tie expense Of the city.
Actions Of cjectment brought by the direction Of the
Commissioners Of the Land Ofce means, necessarily,
which the Commissioners were authorized by law
10 direct the Attorney General 10 commence and
cute. This was not such action. IL not incident
70 the pnwer Of taking care Of the lands OF the Safe"
Lands under water the andg intended by the
general proviscns They provided for, have
peep specially In dstnct article, containing suthori
ty express or implied 70 direct ejecinen for what the
Law denouuaes nuisance or pui preature--a wrong
Ltrousy preudcia be redressed by the Legislature,
perhaps by the Grand Juryoertany not by the Land
Office
Ihe direction moreover, if given, direct violation
Of the spri, Of etatue Of champey and manrnaace
It's defect give effect the lease thar
ease the extent OF the term braced IN IT, the
sae by the pcooe their legislative senaves
but by executive Officers with defined limited powers
Of ga pretended right tite' TO lands or which the
Ersnsor WIS not "in possession" And hardly
presume tba, the Legislature. without language TO
that effect, nienoed TO authorize public officers 70 do an
essentially wrong in itself and az to which, by gene
ra ew they bud declared tina, ono person. should DO IT,
snd that every person" violating the commandment
should be "de med guilty OF a misdeneanor" (2Rss,
6gl.j
From wha, has been zaid, and from othor arguments
which will readily suggest themselves the following pro
positions may be dsducsd -
Ftrsrpa the lease granted by the Commissioners Of
The Land Oce in the name Of the people OF the State
LEGS than ne!enth Of the value Of the term
tsking bont Of indemnify agoinst coats and giving an
Inconsistent ooveneDt for quiet ecjoyuent confessed
-
spirit II not OF the letter, OF the ssaa'e o. caampery and
therefore void.
That although the people, through their repre-
sentaves in The Legislature, CAD make thai legal which
by the general law liz gal their executive func.i0nsres
entrusted with special limited duties have dis
penang power The unauthorized Use of the name OF the
people does not make tie deed the act Of The people.
ThirdTbe lease, hsd there been adverse poasesson
equally VOID a grant of land under water, ma
not for "the promotion Of ctmmerce, bu. Tor the mere
euoiun mt OF private individuals
Fourth--gba, II was void also grant OF land under
shan, tpr. rff no
cent lal6s.o
Fffth-Tas, the lease being VOID, the lessees had no
standing court TO call u questoa elher the title OF the
city mode OF management.
10 warrant the appo nnep, Of receiver before udg
ment the CoGe requires gee. 24t tha. the party sna
Establish apparent hat is, priutn tacie) right 20
the property which the subject OF the ACTION and which
ia the possession Of The adverse psrtg and also ihi
be sna establish, mater fact toat the property
It's rents aud profits Ia dagger OF being lost
tegiaiiy injured or impaired
Taylor and Brennan Gid neither.
No ipjury the sban;iee pretended, and X II had
been the injury wrong TO tue pautds Aud as 70
aoy Oss Of reots the metropolitan city Of che United States
beng responsible ior me value OF the use whether more
or less IMAM the acsua Ieccpts, the security, may be
presumed, not less ample than the Individual bond
for SO 600 OF private re ,eiver.
SNthfhe alleged conversations OF individual members
OF the city government (ereu not denied as they sab
e,sptiey pere) evcepce 10 law 10 determine
IL dlvest the Guys title estate Of which is
cnnfessedy in posseeson winch ia effect created by
tue city, and Of which the CITY to DO The owner in
fee.
ceedpgs upon IL nature OF colusiVe attain
pebt made by tenants to the prejudice and without the
consent Of their landlord and therefore void
Eighth That the defendants having made ont clear
CAGE Of merits their part well OF dement's The
part Of their soversates entitled on t5a ground TO
have the default ope cd a!d 20 be allowed 20 defend
Ninth--rhat the judgment entered against Nil the re-
epcctve occupants so1s for the aggregate rental OF
the whole premises Notwithstanding the implied admis
3iOns In the compliant instead Of judgment for costs in
favor Of NIL the deiepdaDts but against the pant
contrary TO law.
Even it the complaint did not admit the separate
pancy in distinct parcels, the aidaviis show fact in
usputaby ana that would be ee,abllshed the trial.
should real trial be bad.
TepthThat he default allowed by OF the defend
ants, while holding substitution in his hands, coliu
sion with the pantis fravu upon the other de.
tendants, and should. for that reason, there no
other, be opened and all tho proceedings founded on IL
SET ABIDE.
An order will accordingly be entered--s form TO be
first settled by tie Courl.-to the following ELECT
I. That the ordc; OF the I'd Of August, granting
ipiuncton and appointing a receiver, bo annulled
cats and the rents collected under accounted for be-