New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-05-26
ouiuiou of the Hon. John uckeon.
ne ADVISES THE RE-opENrNe OF The CASE
Corporation-COnDSel Busted Refuses.

McKeon for investigation and advice. 4 few DAYS
sincc Mr.. McKeon made the lolowiE Z reply:
NEw-YoRK May II. 1859.
The Hon r. T HAYES Controller Of the City Of New York
In obedience 10 Your request, have examined the
case Of Robert w. Lowber against The Mayor, Alder
men and COmmOnaly, and beg leave 10 presentto You
the following statement:
The Boards of Aldermen and ConDcllmen adopted
Revolutions directing the Controller 10 ascertain az
what amount properly for block OF ground tor II
market between Tenth and Tweny-ourth streets,
could be puI based. One was approved by the Mayor
Wood on tie Ilth day of August, 1896. The other
the 10th day Of August 800 Ie t%nrEer 0n
Council in reply to the following Resolutions;
Re,oItd Thai the Coltror be and ]. hereby, aree,ee 70
Ti,y the property extending from Twenty 20 Twenty
G 5,ncbs and also the sum demanded for the entire block %
avenue and report the same to the Common Ooone " MS
Prposals from several persons including one from
Robert W. Lowber, were submitted By the Controller
IN The Board. a-.
reported TO the Common Council, III obedience 10 the
Re.oted Thai lie Controller BE- and he BY auth3r13d
and dee d IS IS & Of 5 et 'front.' each with
tshpe o ,,.s Zenith and Tweuy. nh streets on the
on Ri s Tho n,e sDo purpose Of market he
% he same Common Council within thirty days from
he pa.ssge oi the resolution, for further action
Ia his report he that he has received but two
proposslsone from Robert w. Lowber, aud the other
FROM the Dry Dock Bank.
These communications were referred 10 Inc mmhcl
Committee Of The Board OF COuncilnen.
On the Sd day Of December 1856, the Committee re-
ported in favor Of purchasing from Nj. Lowber.
:'Tbey are III the language Of the report 60 OF the
asLed by Mr.. Lowber, and vii be for the interest
of the City TO purchase the same
They recon mcnded the passage Of resolution re-
ported by them in Folio Of Document No. J.; The
report is signed by Gideon Clifton, j. w. L. Van
Ripper Ephraim Reed and Ledyard Avery.
The resolution adopted by vote OF 81 in favor,
and II in the negative.
On the 18th OF December they were referred TO the
Committee OF Markets OF the Board OF Aldermen.
o., the Doth of December the Committee repOredi IN
favor Of purchasing the property OF Mr. Lowber, ana
cOIcu!rDg with the Board Of Councllnien. TINS re.
port was sipHed by Hiram Corwin j. III. Briggs and
Bafih. IIeay.
On the 29th of December 1885, the question on con-
curing with the Board of Councimen came up before
the Board of Aldermen and il was lost for want Of
constitutional majority, II votes 10 the Affirmative aud
lin the negative. A reconsideration moved and
carried by vote of t. Affirmative 10 SDegative. The
resolution laid the table, and the Board ad-
OurDed next day siAe die.
On the 7th day Of January 1851, The report OF the
late Committee of the Board Of COuncilmen was re-
ferIed to the Committee Markets of said Board.
On the 18th January, 1851, they reported in favor Of
purchasing from Mr.. Lowber his property at sl960o0.
This report is signed by II. W. Coyer, w. II. Crane
G.. p. Blckiord, J. n. Reynolds, Charles Doty.
The resolutions of purchase We're adopted by The
Board Of Co'menen by vote Of III in the affirmative
AZ: sSa'' ID TIE ''''' ." tue '''' '"' u January
The IssoluirOns Of purchase we're refered to the
g. mnilise Markets Of the Board Of Aldermen on
Jar. y, 1887.
IN fa,Cr Of purchasing from MIR. Robert w. LOwber
This report is sigi ed by Barth. tieay, James X
Steers Hiram Corw in. The resolutions there
upon referred to the Committee VI the Whole
On the 9th Of February, 1885,, Mr. ID. Pal ier, Pres-
dent Of the Dry Dock Company, pr sened petition
~ the Common Council, in when 1t was proposed to
cell piece Of land fit for market purposes, ~ the
can G neighb.Ihuod with Mr.. L"wber'-, for $iIo,UW
This petition referred I" the Market COMMITTEE of
the buaId Of Aldermen and report was male against
cad peI,"n ON the 9Th day Of February, 1891 ANS
report il signed by Bath. iealy, IlraW Nuslu,
Jsuss X. S'eers.
On the 18th day of February, 1857, Mr.. Palmer pre-
sented another petition cympainng that the Market
Committee had reported against his petition without
giving him hearing an opportunity to explain h,s
application lie desiredthat he nlgtt be- heard before
tie Comm tee. This petitonwas referred TO the Com.
mittee Make The Committee ON the 10th day 81
February, 1857, reported that they had heard Mr.,
Palmer and his counsel ON the subject matter of his
petition. The report is elaborate paper, conclu ling
with resolution that Mr.. Planners petition be laid on
the table and that the Board with the Board of
Ccuncimeb i'll the purchase Of LOwber's property.
On the 18th day of February, 1857 the resolutions
adj pied by vote Of l6 in the affirmative against
5 la the negative.
On the same day, in accordance with the provisions
Of IN. statute the resolutions presented the
Mayer foI his approval; that the Mayer Fernando
Ms.d) did no, return the said rcs"lutioss TO the
Bear in which the same originated within the time
limited by statute. He did not sign and thereby
approve the resolutions of purchase but permitted the
san 10 axe effect by lapse Of time.
On the 10Th day Of March, 1857, Mr.. Lowber
pre- enttd his deed, certified and approved by X.
bus,..d, esQ., Cmpmation Counsel aud 10 the
Controller tMr. Flagg ami requested the Controller
t. receive the aid pay hia 900 appropriated
for that purpose; that the Controller deciued the
ground that there no money III the City Treasury
AM In he pip of a
On the 18th Of March, resolution adopted by
both h. ards, and approved by the i,or on the
day, dir ctg application to be- made to the Legisla.
tuss for authority to he gwen issue stock for the
enm ,f 1851 OO To- be applied to the pay ment Of Mar
ket site~, purchased by the Corporation aud the
ton Of Markets. In pursuance of this resolution, sp
pliesiion msde but not granted by the Lrgis
lainre.
On the 23d March, 1857. Mr. Lowber filed his CON.
plaiLt against the Corporation to cmpel" HE Mayor,
" AIDE men and COmm0nohy ~ The ChyCt Nor PO'k,
accept and rece're he SAID deed, or such
e AID premises qtoresoid as he Court may 05prore
sa,d to pay the said plant II the said OF $Y6 900,
a -, w.. "st thereon from March 10, 1857, and in
ali thu gs speciheA - execute tue AFORESAID con-
"fract OF sale.
An apso err was put in by the Counsel Of the Corpo
y,,,ou and on tie 25th of April by consent of thu
rr~pe, tive attorneys u the parties, the cause was re-
ferr,d Mr.. Daniel Sickes was selected a. reieree
The cause was heard before the rcereeo on the Isl day
ofNsy 1851. Mr. Conor appearing for tie plaintiff,
and MIR VIM Al. Evai:S anu MIR. NlcoX-on appear
IN, t,r the defendants MIR. Evarts having been Sc
ke,ed Ms council by Mr. Flagg
ON the 10Th day Of june 1857, Mr. Sickles reporter
N favor Of Mr. Iowher givi, Judgment in his favor
f,s 1853 a., together with costs and usourse-
psents, ana judgment was, on the sad lTn dHy W
June 1857 dvckeed foI the sum ct sl9!9iO IL.
On the 18th of June written notice Of the entry Of
the judgment served the defendant attorney,
and appeal taken within thirty days thercsiter
Execution was issued on the 9th of August and the