The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-03
important 10 tho City-The WALL Stree
Ferry Csse-o4l, 600 Involved.
SUPREME OOURr-CH AnBuRa

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Important 10 tho City-Ths wan strss4
Ferry Csse-e4l, 600 Involvsa.
SUPREME oouRr-CHAnssas.
Before Don. Judge rngraham.
Nov. 1-Jdcob Sharp tie Mayor, Aldeywen and Obn.
Sssaly Of the city ef New Yox-In this case Judgment
recovered against the defendants for damages m
sequence OF defect Of title TO certain portions OF the air
now used for the Wall street ferry, amounting I,
slos6s s. The Comptroller Of the city now moves for an
order 70 open and review the jusnent under the prov
sons Of the statute passed ~ last session Of The Iez
Msure Inc present motion n preliminary oue asking
Tor an order OF reference furnish statement ana
showing the proceedings before him the reference N,
this action The PLANTING desendants by their o,r
sell object 70 the authority Of the Comptroller 70 make ,h
application on these papers. This objection invoice.
construction Of the statute under which the Application NJ
mace ~ 'ns statute Claws Of 1852 sec. s, p LIED II isl
provideo % Whenever the Comptroller Of the
sad Guy snsl nave reason 70 believe that any j.dgmens
now Of record against the Mayor &C., Of New YORK; al
which may hereafter be obtained against thsm sha havs
been obtained by collusion or founded n framd 10 I.
hereby authorized and required % take all proper and
nrst oplecon taken to this motion is that the act d nm
CONSTITUTIONAL because contains matters not embraced
30, 70 raise money by tax.n The second section pro
yides or raising money 70 pay Judgments then exstnr:
mepts bsreaerp e Se TOT ra1s money 70 pay
making such provisions 70 enable the proper ocers of
ne CITY TO guard against the application q such moneys al
legally charge against the city. The mode adone Sos
that purpose was mmaterial Whether the ConurolIce
Judgments wore properly recovered before as
was necessary incident TO the previous provisions {o
tner payment and was intended to confirm such pay.
menus 70 Judgments fairly recovered against the city,
Il was not q different subject, but & provision bv
which the city authorities before paying the moneys
to be raised by tax should have tho means Of ascer
tanning that the Judgments 90 paid were really due IL
was no more violation Of the constitutional provision on
mat to provide for asceraning before payment
mat the Judgment was valid Judgment, than was to
insert provision that the moneys 20 to be raised by
should not be expended for any other purposes Both
ens Of the tar TO the objects for which he moneys were
intended TO be raised q Seldom PAID is also objected
show case emitting him to employ other counsel n an
the Counsel for the Corporation. The affidavit on which,
this motion Is founded % made by the Comptroller anal
states the recovery Of the Judgment the report Of he
referees that consent given the references that
the Corporation Counsel has declined 70 make case
view tho decision Of the referee; that ho be,sves
the claim which the action based was unfuunded audi
fraudulent and that good defence exists thereto He
Their states that the recovery judgment requires
action Of the Comptroller uader that statute &C. Thc
right to make this application and to employ special coun
Comptroller has 70 believe that any judgment has
been obtained " colluson or founded IN fraud What
caused such belief is not required % be stated nor
to authorize him TO act, what the operation Of hi
mind in arriving at such conclusion what acts part
cularly led him to such conclusip. The words used
indefinite almost amount 70 authority 70 the
Comptroller to act on his own Judgment in any case.
Whether is necessary him 70 show by afavit tha
fraud is hardly necessary 70 be decided BuA oons
6erng that the Comptroller s sworn officer Of the city,
the treasury against fraud, and only reaches judg
ments obtained by collusion or fraud, in my ndg1i
Application Of he Comptroller under such crcum
stances, even without an express charge Of colu !
sion fraud, should be considered sufficient evidenced
that he has reason to believe that the case which bid
makes the motion comes within the provisions Of the ia
tnte In the case, however, the afadAvit a the Comp
roller elbows armatively that be has reason 70 beev
that the claim s founded IN fraud because be says in the
a1davt "that deponent believer that the ciaam upcg
which the action was based Is unSeunded and ftandu
lent Such statement y amply aufcisnt TO enabaa HIND
to take the necessary steps 70 move The Court =
vided for in the statute The object Of this motion ID
ceedngs before him, and TO furnish copies a he plead
nRs papers &C. used IN the cause, or 70 compel the
es to Furnish such copies am not satisfied that such
case could properly be made for such purpose. Ih4
statute has provided way in which the resree cad
BE- compelled 70 give evidence Of any mater 1911, Win
riy) by compelling him 70 appear betors
Judge Of the Conrt or referee, and submit 70 q
examination under oath For the purpose q motion q,
tain his testimonya statement made BY ham MOI unde
cath could hardly be proper 70 be used as evidence
considered as rendered under the cath he took = re
Nor do think the papers show waTranHn
096lDeI COPIES
apers No application sppears 70 have been made 70 tn
corporation Counsel for such papers They public docu
ments most, # not all Of them, properly belonging th
annot suppose that the Corporation Counsel would for
moment refuse copies Of such papers 70 the Comproe
& be applied therefor is apparent from the correspond
ence which wss read on this notion that there was
ierepce Of opinion between these ocers TO the
Use mode in which the Comptroller should proceed, and
rm an unwingnees on the part Of the counsel 70 allow
another officer Of the city government to control him
the management Of what peculiarly belonged TO hi
vided for by law As that point has now been adudl
Gated by the Court should be unwilling to believe tina
officer would refuse an application on behalf Of the Comp
roller, for such papers, but the contrary,
the motion that be Will furnish 70 the counsel all such
papers application therefor Tho plaintiffs counse
IN one Of his letters addressed 70 the Ccrporaon Counsel
in which he stated that he did not know Of any facts going
70 establish coluson Or fraud and urged that as reason
in that objection that such letter was written
In July last. What other facts have come 70 h1 know
ledge since are not but when ne states n rnSs5
am bonnd to suppose that snce, writing that letter.
has obtained information Justify ing him IN making tina
are-First that the statu,e does not require that th
Comptroller should show by affidavit the ground
On wnon 1 Spn was a "a ee hs one
benefit Of the public, and intended % prevent fraud
should be literally construed. Third that The making
Of the city, should be considered sufficient evidence
itself that he has 70 believe that the existed
which The statute required TO warrant biz action nav
avoided the expression Of any opinion on the merits
this motion, because the same was mot argued before me
and such opinion moro properly belongs TO the Judge DO
fore whom the motion shall be brought \ think, how
ever, much Of tho motion asked for posponenen
Of the argument upon the merits until the necessary e
dence from the referee be obtained should be grant
ed TO enable the counsel for tho Comptroller TO obta
such evidence the other motion should be directed %
heard on the 18th Of November next at ~ A. H. Cope
o. ell edavs and papers 70 be used thereon, IN addition
to those already served to be served plaintiffs acr
ney four days prior thereto No costs granted ON thi
motion.
Commissioners or Emigration.
The Emigration Commissioners held their weekly meet
ing yesterday President vsrplank Ia the chair.