The New York herald., 1863-02-18
The Fort Gansevoort Case.
NOTION FOR MANDAMUS TO COMPEL TIE CONTROL
LER TO PAY HALF A MILLION or DOLLARS IN FUR
sUANCE OF RESOLUTIONS OF THE COMMON COUNCIL
Before Hon. Judge Barnard.

LER TO PAY HALF A MILLION OF DOLLARS IN FUR
SUANCE OF RESOLUTIONS or THE COMMON COUNCIL.
suPRExE oouxr-srRCiAL TERN
Before Hon Judge Barnard
FEB 1.-THE People at ne Relation Of James B. 7ayl0y
Aath~o r. Brennan, Comptroier.-This appli-
cation for mandamus 70 compel the Comptroller 70 pay
S5I34 Is 70 the that being the pur
chase money for the Fort property sold the
city and sanctioned by resolutions Of tho Common
Gil over the veto OF Mayor Opdyke.
Mr. Taylor was represented bv James T. Brady, and
H. johnson and the Comptroller by the Corporation Coun
sci, J. +. Deven and his assistant, Mr.. Hackett. d.
D. Field in attendance TO watch the proceedings
behalf Of the Mayor.
Mr.. johnson read adavts and documents show that
the rcator-Mr Tayior--oifered TO sell the city the
property described as the Fort Csnsevoort property
that the otter accepted the sale effected and that
mand was made the Comptroller for payment OF the
OF s5l3 433 49, that Mr. Brennan replied he hhd
funds FOR tina purpose and could not issue city bonds for
the forth In his communication 10 the Common
Council not that he believed the value Of the property
estimated but because he did not consider the
title good and refused 10 pay the until Judi
cal determination was had the validity and legality Of
the sale.
Brennan aud series OF the actions Of the Common
ell far back Iecember 1852 also the pro
oecdngs of the present boards when the resolution
purchase tho property adopted by two thirds vote
over the veto o. the Mayor
Mr. Z. pcycln, Corporation Counsel, put 10 a deed
!
deed of j. X fok, President Of the United States, TO Mr.
VI. l.. Atb-rDn for portion Of this property deed ~
october IL 1850, also conveying portion OF hese pre-
mses deed Of simeon Draper TO Joseph y. Varnun Ia
1852 deed Of varnum 70 Coleman aud varnum and Cole
10 Joseph u. Taylor the present rclator and
gage from Taylor 70 Varnum for S36 1874
Judge Barnard asked the Corporation Counsel 4 he ap
pearei for the city.
Mr.. Develn said he represented the Comptroller who
was an officer of the city government.
Mr. Brady remarked that he Mr.. Field present and
al y rel
Mr. Field said he there at the request OF the May
or but he should not take any part IN the to tho
Mr. Brady had objection 70 tho Mayor being repre-.
scntcd, but he was not made party In this case.
Judge Barnard said that the Court had objection.
The Mayor had power 10 employ counsel 10 ap
pear this case than has Mr. Valentine the Clerk Of tho
Common Council.
Mr. Brady remarked that il any attempt should be made
right oi Mr. Taylor 90 this property upon any
groundsmorli, legal or oherwise-thcy were prepared
10 meet IL.
Judge arnard-The objection the interference Of tho
Mayor II made BY tho Court
Mr. Field did not wish 70 be misundersood he desired
10 say that he did not appear there 70 take any in
this case be merely present al the request of the
Mayor but n the other side propose al any time 10 take
out a mandamus against the Mayor this matter, he
(Mr. fiedl would thou appear az bis counsel.
Nr. Brady said he would merely state the outline of
Mr. Tylors claim and afterwards reply 70 the arguments
0f the CORPORATION Counsel
Mr. Deyn taised several objections the legality OF
the action of the Common Council, and Will submit his
points the Court In the morning He submitted that
the resolution was passed by the Aldermen the
NayorN veto on w. same day That u passed by tho
Doard " Coancinen, violation Of the charter, which
states that II could not be done without unanimous
cent and the Cour, would see by tho proceeding which
had been read that there three dissenting members
tho Board o Aldermen 20 the passage Of that resolu
ton lie contendsd that the relator had legal
right OF title 70 the property, and succinctly
reviewed tho history n the title and various convey.
naces the city not In condition TO convey 10 Mr.
Drapor ami draper being al tina, time head of a Dc.
partmcnt could not convey NJ the statute says that
city Official shall not be interested In any purchase any
city property Mr. Deyelin submitted that the issue II
nandaInas woulds save ava, because the Comptroller
would back that be had power Issue bonds
for tho payment
Adjourned 10 II O'Clock of this day.