The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-07-30
The Staten Island Quarantine Incesslia-
rfGm.
FOR A. MANDAMUs AGAINST THE srrsI
vIsORs OF RICHMOND COUNTY DENIED.
SUPREME COURT-CHAMBERa
Parora Hon Tudoa Tpor at,ap,

vIsORs OF RICHMOND COUNTY DENIED.
SUPREME coURr-cHAABERs
Before Hon Judge Ingrahan.
The People al tie Relation of the Of Emi,a
ton the Supervisors Of Richmond Co,mtyThs was an
application made by the Commissioners Of Emigration to
compel the Board Of Supervisors to deliver the Coms
bonds payment the destruction Of the public
property at Quarantine in pursuance Of the Of April
49, 1860. The application refused weeks since
at which time it published in the HERALD.
Judge Ingraam has since then delivered the following
opnion:-fter stating the object of the application he
saysThe act Of 1S47 chap 49, vested in the Commis
soners Of Emigration the Hospital the Fast shore Of Sta
ten Island and the land adjoining belonging 10 the statc
known the Marine Hospital and all the buildings aud
improvements thereon 10 be held by them IN trust for
the people This act amended by act Of 1919, cfap
650 and vested in the Commissioners the Marine Hospital
and all lands and buildings thereon, and all lands ana
buildings thereafter to be purchased OF designated for
hospital or lands and buildings used for quarantine pur
poses trust for the people. The act OF 1860 prov ed
FOR ascertanns the damages caused by the destruction Of
the Marine Hospital and Quarantine buildings. Under
this act commits soners appointed whose duty il
10 ascertain the value Of the buildings and ether pro
periy held by Commissioners of Emigration trust
for the people and the damage sustained by their desgu
ton; and Also upon request of any person who had
properly injured or DESTROYED at that time to ascertain the
value such property and what damage had been sustain
cd The commissioners were certify the value Of the hos
pitfalls and other buildings and Of other property held by the
Commissioners and tho damages sustained by them trns
tees otherwise and the damages sustained by the people
Of the State, aud the damages sustained by other
ervisos to issue bonds for the amount certified 70 be
due the Commissioners Of Emigration and the people Of
the State to be paid in ten equal annual psalnents
And il was then PROV ided as follows :-iWhch boude
when so issued the Treasurer of the State is authorized
10 receive bonds to the amount so certified in favor OF the
people Of the State by the said Commissioners and the
Commissioners OF Emigration shall receive the said bonds
to the extent Of the amount certified IN their favor"
II appears from the afidavts that the Commissioners
awarded that the value Of the Marine Hospital and other
buildings and property within the Quarantine enclosure,
and hcld by the Commissioners of Emigration in trust
{ry Tho was
to the same was with interest, $l0I PSI ~, and the
award was to the Commissioners Of Emigration ~
trustees for the people Of the State Of New York This
amount or the bonds therefor, demanded by
the Commissioners of Emigration from the SUPERVISORS
which demand was not complied with. The Board OF
Supervisors show cause that they Issued the bonds for
the amount in pursuance Of the award payable TO the
been delivered and accepted by the Treasurer OF the
State the proper person to receive the same and
therefore they cannot comply with tho requirements OF
the REALTORS The single question: therefore, arises In this
case whether the Treasurer Of the State the Commits
of Emigration should receive and hold these bonds
The before referred to provides for the delivery
OF some bonds to the Treasurer and to the Commits
souers The bonds to be received by the Treasurer are
for the amount awarded to the people Of the STATE
ers are for the amount certified in their favor. IL
does not appear that any award was made or contem
plated by the people except what might be awarded for
buildings upon the public properly; and the award 81
made, although nominally to the Comqssiouers Of Emi
grafton stated to be to them trustees for the people
Of the State cannot avoid the conclusion that the in
tent Of the statute to direct the Commissioners "
award to the people tho damage LOT DuldngS, &c o 10
the Commissioners Of Emigration any claim for damages
whch,hey might sustain for the loss Of furniture or the
property placed by them upon and in the premises under
their charge The statute has been substantially eomp
eiwth by delivering these bonds to the Treasurer OF the
state II the intent to place these bonds with the
Commissioners Emigration and IN their charge the L.
gisa,ure viii be enabled at their next session to vote
drcst There would be a serious difficulty arts
ing from new issue of bonds. If those nov in
the hands OF The Treasurer legally issued. Such
new bonds would of ooursel be invalid, as the
Board Of Supervisors have not authority to issue,
xa dad and hn h.rhe
could not be obtained from the Treasurer without
authority Of the Legislature The granting Of this suit is
matter Of discretion and should not be ordered in case
Of doubt where the issuing of II wond give rise 10
grcatcr difficulties than woald arise from its refusal.
There can be doubt that the bonds perfectly safe III
The hands OF the Treasurer Of the STATE The interest ~
the same whether the bonds placed in his custody or
that Of the Commissioners of Emgraon In either case
they must held for the of the people. aud under
such circumstances think IL better to refuse the anpca
ton leaving the Legislature 20 make such disposition
Of them as IN their Judgment shall be deemed best rather
than BY y;eipg technical objection to place the Board
of Supervisors of Richmond county in the scrous diem
ma of having issued double the amount Of bonds anth0rz
"a, nv Inv Motion for a mandamus denied with costs.