New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-01
A SHAMEFUL PROCEEDING.
sb-0fn IN, GhtraJO Tines
TIE COURTS.
THE EAST RIVER BRIDGE

TIE EAST RIVER BhlDdE.
AN IMPORTANT DECISION BY THE CORPORATION
COUNSEL IN REGARD TO THE CONVEYANCE OF
LAND UNDER WATER.
Corporation Counsel l.. Delafeld Smith has
sent to Controller Green an important in relation
the agreement made In 1871 by the Commissioners OF
the Sinking FInd to convey to the NewYOrk and Brook
Ign Bridge COMPANY at fixod valuation lands belOng
ing NeyYOrk lying under water on both Sides OF the
East River. He decided that the agreement Is binding
upon the city OF NewYork, and the Bridge Company
entitled deed OF conveyance, nOtwithstand
ng certain provisions OF law having for their object the
restriction of sales Of city property except at public
auction to the highest bidder. Mr. Smith says:
The Noy-York Bridge Company was incorporated for
the purpose Of constructing anu establishing bridge
ee Scuon OF Chapter 800 of tho laws of 1900 empowers
tho COMPANY TO Puress acquire ana Doa a. aS 5 hlon
an9 py Section IL OF the same act In case the COMPANY
shall % uhqgV " PC VA ampany nav take such
proceedings TO acquire mo Same as arc usual Hen pun
lie % are nado oy pTI e F'nS an
cOrdng uXcd the value OF the premises required
by tue bridge those belonging CITY OF EowYork
m Brooklyn being appraised at slGOOOa aud the
properly required IN NswYOrk bong value AZ $1,000.
T1e Commissioners OF the Sinking Fund then agreed
TO convey TO he Bridge Company payment OF those
amounts. AL the lands so required by hen; ana now,
pursuance Of That agreement, deed OF conveyance
tho property in question has been prepared anu
awaiting delivery AZ Jne Controllers office. An Official
the Commissioners Of the Sinking Fund or the Corpora
CITY the owners " the premises, am n
whether they enter into any agreement Tor the
sale OF real estate except by pubic auction IN the
relating TO such Commission. You further re-
quest my judgment whether the deed now
retained by you he lawfully delivered upon
payment OF the consideration agreed upon As the
agreement to convey was made IN 1871 II Is not neces
sary for TO consider whetnor s9Ch contract could
bo legally made at the present tmo IN view OF the pro-
visions section 01 OF tho charter OF 1913, as amended
provisions or the acts OF 1913 empower ihe ComniS-
soners the sinking Fuud To sell or lease for the
by sealed BIDS ana always attcr puDuc advertisements
and appraisal, under tho direction OF clio Board any
city property except wnaryes and piers and subject to
certain conditions relation to market property The
agreement which We are now considering having been
made several years ago the validity OF deed made IN
pursuance thereof cannot be affected by legislation sub
sequeut in pOns OF time 60 the making Oh such agree
According TO the legal boundaries of the city OF New
York. defined In several statutes and charters the
on both the Brooklyn aud NewYOrk sides OF the East
River, unduestonably belong TO this city, and
within tue purview OF the ordnance to which have
referred as adopted by the Common Council and re-
enacted by the Legislature The l6sh section Of the
the laws of ISL provides, First, That there shall
tinue to be, as Already provided aud rec
ognized by special laws aud ordinances Board
of commissioners Of the Sinking Fund, with all
the powers and duties assigned designated and ratl-
fed by existing laws ana ordinances Ana second Ihat
the BOARD above utOned snail have power 10 sell
lease for the highest marketable price or rental, at
public auction or by sealed BIDS ana 1iways after public
advertisement and appraisal under the direction OF said
Board any city property, Cousslaing these Two
Paragraphs together anu ti'iiE ~ "'."t
are bound do the legal rules OF construction, 1t IL
nv Judgment that the ordinance Of 1874, 3rmed by the
act of 1854 Is IN force reamed by the clause IN the acts
of 1870 and 1871 above cited aud marked FIRST and I'M
repealed by the marked Second In other words,
at the time the agreement In question was made aud
Drobaby aso even the enactment OF the charter
of 1873. the sale OF lands belonging to the city
1nder water WAS governed by the ordinance %
1874 and the act OF 1854, without the process OF
advertisement and auction. The premises which IN
1871 the Commissioners OF the Sinking Fnnd agreed 70
convey TO the Bridge Company appear, from tbs de-
scrpton in the proposed deed of conveyance, TO be
lands I'M der water within the meaning OF the ordinance
of 1s4 and assuming that the necessary steps were
taken Dy the company to acquire the lands IN accord
apce with section II OF the Incorporation, and
sumng Also that the terms Of the old ordinance were
complied WITH 10 IL iudg nent that without further
nrocecdings or delays, the deed should be delivered
upon receiving the considerations therein expressed,
and 10 will unquestiOnaby convey title to the company