New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-05-06
CIVIL COURTS.
SUPREME COURT - CHNnrns 90 MAY A-Beforo
Justice BARNARD.

octnn commenced by Mr. Pullman aud which II IS now
it,S fr Mr. Wood that Mr. Pdllman having ceased 10
he Councilman, can longer maintain Both suits gre
brought prevent the executor oI inc le"sc % It 3oU
~ te nrcnscs Nos. is ana III NassauSt 10 te COiui
alton for years at an annual rem Oh s'Co le Pco
yiptiOn than that Of MI Pullman The following arc
The papers In the suit . - mi, ,ta.ig, 10
tC above action complain Of the defendants therein
For that at the dime hereinafter stated and for several
wears prior thereto, the defendant Wood was or chea
10 be- the in possession OF certain building or
certain buildings in the CITY OF New-York known as Nos
TO the passing Of the resolution 9er mentioned ana Tor
three years prior thereto the snns ne , % S U
ant at the annual rental following that is 10 say Tor GER
a6 offices pnrportng TO the occupation and use OF
thn Ion Counsel the rent Of S0O0per annum for
certain offices used and occupied by the Corporation At
o sd and occupied by the PUBLIC Adminstra
tor the rent of $1,000 per annu making 'Ora amman
That the rent SO paid TO the defendant Wood for said
offices during the continuance OF sad lease Wis gtta'
great measure necdlessy and uSelessy contracted i9r
Inc offices in the building nomlnauy leased Tor the
Sornoration Counsel being altogether unfit for the pur
nose aud never having been occupied used by SAID
That said lease expired the 1st day of May 1866 and
in contemplation of such expiration and shortly before
men of said city were about also to expire corrupt anu
fraudulent bargain was negotiated ana ehtcea mo DC
tween the defendant Wood and certain persons then ebg
Mayor of the said city, aud members OF sad copoon'
forming majority in both chambers OF slu ,b @
hut whose the plaintiff Is unable TO state WIN c
curacy and whose respective terms OF ONCE a. ~
and members as aforesaid nave since e. m be
SseaDt Wood of $1,000 as bride or perquisto to said
Mayor ana QUIT ba Vote Of majority Of the Boards
of Aldermen aud COuncmen OF the SAID city, ana tsn1
several Offices Tor the alleged and purposes for
Of ten years to comnence on ah9 tr0i hc s. iS,
and plaintiffs show and charge that sad sum OF
O4 was d at The same was corrupy received by,
or came into the hands Of the SAID mayor ana mepes'
respectivey or the hands Of some OF them as con
sdfraon Tor their votes in the passing of said resouoh
| and the signing thereof by the said Mayor 49,. -.
gain and in o t GI ' sSa sm of 81 oo
said defendant Woo c OF ar sSt S S aforesaid
resolution was on the day of December 1862 passed
and adopted by majority OF the members Of the Board
of Aldermen at meeting of said Board OF Aldermen
| held on that day, TO the effect following namely: -.
Resorcd That the Controller be and he is hereby n-
thorzed and directed to renew the leases now m
premises for the use OF the Law DeparIen' FTs t
aud III Nassaust for period OF ten o years ~ me JOE
lowing rates viz for Offices of Corporation Counsel $500
P PSG a fap be Office Of Public Administrator 5000"
And said resolution was. on l4th December 1862 also
cmen and on the same day signed by the said Mayor
That id resolution was so adopted anu hors of
the corporation who voted Tor ~ ana ot oS s
sreed to he paid 10 the said defendant Wood for said
Offices was greatly Of their actual value but
porston Counsel We're n for the purpose and had not
been during the preG xisng lease athongh pau TOT pS
the n6IS Gy SS5se and M WITH the full notice hat
were wholly unfit for the purpose ana coud hot ana
never would be used for that purpose anu tat az t
time the said resolution, authorzlg tease Oh salu Oees
aforesaid II was notorious 10 all the members OF said
coTpcration that new building had long been and was
Tor the ~ the CIV which would render
unnecessary the city to lease private ohVcs' at
That, So notorious was tie fraud contemplated
by "I The said resolution. that on tho presenta-
ton Of the lease thereby contcnipI ne Noyy,b T
| e. Brennan, who was then the Controller OF the
sad city, for execution the said Brennan refused to
execute the same, and no lease fot slu premises paseu
on the terms stated in sad resolution has ever been
That the term Of Office Of the said Matthew T. Brennan
as such Controller, expired on the Sl day OF DecSn3cT
1 @ d1lV elected thereto at an election for the
sad Office held IN the City Of NcwIork on the first
troicr Of the City Of New-York and plaintiffs are apprc
hensive that the said Connolly WILDE by me lnIehce o.
said Wood induced to sign and execute the SAID lease as
STJn trined and epoined thererom by judicial
uness ht aoH1R no lease has been formally
executed by Controller OF said city, In the terms OF
said resolution otherwise yet that possession OF come
of said rooms has held since the LIST day OF May
1866 and st held by the city under the terms OF the
former lease thereof and the Defendant ood claims tha
held under the terms Of sad resolution ana
not otherwise and that the plahHs arc hape 10 LII lot
and eXOrtOnate set forth IN SAID rcsolullOn ana
that said resolution is binding contract which cannot
he annuled by subsequent vote OF me common O9uh
ell; but that the same operates 10 lease OF sad premises
defendant claiming that he has duly acceded to the terms
Of the said resolution and in oil respects compiled there
10 time. demanded payment o. me said rent nieI me
trocr and threatens TO proceed at law FOR the purpose
az enforcing rs against the City OF Newly Ork payment OF
the rent claimed TO be due and TO be accrung due under
Painfs therefore clam that said resolution was pro
cured 10 be, and was passed 10y bribery corruption and
fraud and ought be set aside aud declared void, and Of
10 eject and they pray 4fggent mat NE same De 80
declared by the decree OF ti Court ana H 'he defend
ant Richard T. Connolly, Controller Of the City Of New
the lease or renewal thereof directed by said rcsou
tOn to be made and renewed aud from paying out Of tie
moneys Of the SAID City oil Newf York any rent sum- or
sums money ia pursuance of said resolution, other
wise, IN any manner proceeding or 9ctg upon or giving
such further other relief in the premises as may
EicRard o'Gorman Counsel to the Corporation; l. r.
Williams, Of Counsel.
Cify and County Of Nes Torh. s. s.. David J. Dean
day OF December, 1866 c. Godfrey Gunther the then
Mayor OF said city, wrote and addressed letter 70
Matthew T. Bronnan the Controller Of said city, In the
words following that ia to say:
mo 1916 East FOCRIEENIH.sT, Dec. 10, 1868.
"Hon MATTHEW I. BRENNAN.
"MY DEAR sm: Amid the great hurry Of business yes
tcIday at the Mayors Office impouned to sign scv-
era resolutions, among which was one renewing the
AZ have since the same in print and cxamlna-
ton AIN convinced that the same is fraud against the
Iii the resolution has been sent to your Office may
ask that you return the 70 tomorrow mOrning7
81 shah DO at the City Hon by o'clock Very truly
That on the 80 day Of December aforesaid the said
Richard OGorman esq tho Corporation Counsel elect,
! IN the words and figures following;
| "CGII OF NEw-YOBR DEPARTMENT or FINANCE, !
an. CoN.1TRoLIER's OFFICE Dec. lG, lsC5.
my DEAR SIR; iuclOse You copies OF the two com
municatons received from his Honor Mayor Gunther in
regard to the proposed lease OF the premises Nos
for the OF the Law Department Of the city You will
that examination Of the resolution subsequent 10 APP
proving it, he IS " convinced that the is fraud
against the city, and asks that the resolution may be
returned TO him immediately on receiving tho resOlu
ton and on the 18th inst, returned TO his Honor for
for further consideration On the 18th INST. received
the second communication which he concludes by stating
and TO recommend 10 execute the lease Mayor Gun,
Their places his hnal conclusion IN favor Of carrying the