New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-03-14

c0nfo1TPd VImmI77T0nNTs
Fund. twas proper Is guide their discretion and to DO
followed by them Int no. essential port Of the gren Of
power the pS~e o. ss might .. wei Sne
toned by The security for the purchase money might not IN
title four Of tho ordnance either as to time Of payment OF
rate of interest,
prejldea might perhaps complain and ask that the Sc
cury be made 70 conform 70 the ordnance or the sale va
cated this relief sought within ressonale time but
the case Of sale made without authority without sub.
stantel compliance with the terms AID conditions q Pees
power The principal object Of tie ordnance ceaiins lk
ing fund and providing for its Ma 70 ,ecnre re
city against the improyiden dispOion Of tie public
roPey and at the same time to secure the payment Of INC
public dept b IopeI ped;o 81 Guy PoP h ,eT e
ence to this principle and obvious purpose nscny 70 s
public creditor the design and purpose Of the Act OF 1872
giving pormanency and the force OF legislative act 70 he ord
Of 1874 The substantial end 10 DO secompshcd We
the establishment Of fund for the redemption oil the pub
debt by and 'PPoPs S,S of s oPdnsnce
which merely modal in their character having
the procedure by tie Commissioners regulating the
details of their duties may necessarily be regarded as OF
tie essence Of the grant power urdctiOna as s6io
lately 10 Ss az Which here nv be a. h de-
parture from the provisions Of the ordnance which may DC re-
f this part Of the ordinance directory precise comp
essential 20 the validity OF the act g. o,u
II r., 276 If By any departure Tom !ne
Of the Sinking Fund" the city, creditor OF the city
a SS5 ssst ueb pproVidn OK irregular sale alad
unistrson Of the fund and substantial compliance "lsh
reedne by those having pecunGry interest 20 protect bu
II by no follows that tie acts OF the Con ihes o
void or that they may be questioned and avoided al any d
lance Of time by those interested at any time e9ary
by those having interest 20 protect and who te no
ordnsuco nav I've waived any benefit arising ont Of contract
conferred by statute If even by the Constitution may
legally and ipeeunigy init PtGvons
That 1t has been % waived y IN % @ % ~, bay
WbSer the sale oud have been set aside for this variation
In he
ordinance had remedy been earlier sought by the proper
parties what particular relief would have been granted
The only parties who could have objected to the validity Of
the sale upon his ground have waived their objections as
Another objection Is that Mr. Draper at the time one Of he
in the purchase nds from the city in 1852 Mr. Draper
being within The prohibition o. eapeI ieI OF ine Laws oil
property from ne city osevelt ag Draper % r., 3lS
The Coud Of Appeals in the case cited intimate tho opin
ion that If the sale made to Mr. Draper he grant vas
,oiaahe but suggested ntimsted BY the Court
that the grant would be for that reason void u was volda
bic only. capable Of confirmation by the partis, at
whose instance might be avoided and remsns valid aid op
eIaiive until revoked and annued by proper authority An
omission for long time take to avoid tho grant
with other circumstance operates 70 coufrm the die under
it, 1t would be evidence Of scqgieseenee upon which the
rely. Tie prohibition Of an act or even the legislative
declaration that certain acts shall be void does not necessarily
and ia all cases render The aets prohibited absolutely invalid
but they may be vsdabe only tho instance Of the party for
whose 6ene the prohibion declaration enacted The
taking Of usuTy prohibited and usurous contracts arc de
carcd law to DO vcd but the word used IN the stat
ute construed voidsbc aud the like construction has
repeatedly been given 10 other like statutes.
But In any view OF the law is effect up.n sale made In
violation Of s provisions person disqualified by H. It only
ment or a sse in which he l. Interested a, the time.
1t does not prohibit the officers named from purchasing
lands from the grantee vendee Of the city Is purchase
from the city that is asnst public policy and therefore pro
hbed by law the city has made valid contract or the
BILE Of being specifically enforced against the city
why who could not purchase from the city might not
become tho assignee Of that contract and CLAIM performance
from the city
Of sale and which may be reached By hi. creditors and
there Is no law prohibiting OF ths, interest to any
member Of the CSp9ston OF other yeson There !, no DIFF
contract r tho sac Of Land, by the city and the purchase OF
land, sIE,sd By The ETY. directly from d ID
Of the City Government would be prime faea evidence Of
would S on the grantee wieneer
be Necessary support the te for other purpose
@ ssi iAi n a. s Dp s RS s
might BE- sustained this ys especially irving the tIsn:
sy b. f s Ssh' or Sn~ L. viii
be he'd lAwa unit, Il !, ,hSwn e ,. nnswiu m Is'oI
Of the land. Mr. Lovejoy and tho grant 20 Nj Diaper
% BE- ED . Isds !" and ' to pps tho
A,ter taking tho iran, directly from tho ctys he mos. con.
"a :s,:ssi y M b: sSl & S 9.
connected with the Transaction after The puchA'e had
been made by Mr. Lovcoy and that hs had no connection
with OF interest In H. and did not kno" MI L0'e'I uh 'c
But sT s Ps ss al az .l.v. and paper. befor.
the ts , ever St vt.s in hin wa FOR bff period
time in view tho disabling act OF 1872 and to avoid al
appearance Of conHyenns It's pfoyons ne was relieved
rom all connection with the ,ransacon ard M Nsfnnm Wa
bsu,ed lis In interest but tho successor
Counssioner. Of the sinking Fund. Whether the gran,
III, Draper eyer delivered G lin 70 not very ~. mater
Comptroller Office differ in tier reooleoon If II wa. not
delivered then no tito ever vested IN M p.per and the
agency Of Mr. Draper II delivered NJ Draper could
only be dyo'ed Of the title bya formal d,od Of Conveyance
,lor
Bv h. change ws Effected and thu, In formal manner
and the ntere, the parties popebe and reasonable effect
should be -ver to a. i putshe hs. immediately after
The execution Of he paper, and almost before Ie ps
is no, material. Mr. Draper determined for yey proper res,
sons withdraw from the efer and to this the city and oil
Tie grant 70 him wa. nkedby the Comptroller csneeed
new bn, made by the city to Mr. Vanum and his bond
Draper and tho latter refunded his $1,000 by Mr. Var.
nun, The convenient eh9d Of eim6grnS him the
withou, some little delay and trouble be Withdrawn
Mr. Draper 70 give fall effect TO TINS change o. efen ana
deed to Nj Nsnu. The form of the Transaction Is not I'M
potAht the substance Of was " substitute Nh vspnin q,
properly accomplished and Mr Draper wa, as ,aeenay OUT
Of he transaction and disconnected H' ana ,e s a.
tile from the city through Mr. Na,nnn and not through DIT
Draper Tho desd Of The later S Scls 70 ls S my
him, which appeared upon the record OIL grants ID ns lump
There 4. no evidence tho, Mr. Draper had any connection
The purchase from the Commissioners OF tie sinking fund
nd n des eYpictIy that he'd that the whole alleged
ersy s made upon the grant 70 him In respect 70
hat II ucient that II tie grant we.vod as claimed
then mo in passed by and the grant 10 MI Nnrnum vested
Tho title in him If tie grant to Dir Draper wa, merely void
,h tho same result folows for IL avoided and
% made 10 one capable OF taking by The united action of
tho parcs in interest and the city authorities That the city
assented TO the change and substitution Of GRANTEES
and Is evident not only from the Of the Comp
oer and the legal presumption that be acted under Proper
ard long acqulcscence Of the Common Council
mi Mao from lilo resolution for the purchase Of the lands. IN
when the lands orc In terms designated conveyed 10 Joseph
" Vsrnun nv the Mayor Aldermen and Commonsty OF tho