New-York tribune., 1873-08-01
an ExORB1TANp ARM0RY LEASE.

Il
MORE MONEY PAID FOR TIE FOURTH FLOOR THAN
THE WHOLE BUILDING COULD HAVE YIELDED
THE CONTROLLER REVIEWS TIE EX-CHAMBER-
I-AIN's RECORD.
Controller Green has called the attention OF
Mayor Havemeyer to the conditions of the lease OF
one of the regimental drill-rooms, and in an
elaborate letter. in which the former City Chamber
lans connection with the transaction is carefully
delineaed expresses the intention of contesting the
payments under the instrument which he contends
should be Cancelled at once The letter will be found
below:
THE CONTROLLERS LETTER.
To the Hon. WILLIAM F. HAvEMEYER, Mayor.
SIR: deem it my duty TO ask your attention to GER
tain resolutions adopted by the Board Of Supervisors
Oct 81 1872. one Of which directs the Controller to pay
the rent under the lease by Charles Johnson, George
Shepherd and Francis A. Palmer Of the fourth floor Of
the building the southwest corner of Mnthave and
Twenty Cup 10 Nov l. 1872. upon receiving
from the lessons of said lease full discharge TO said
city and county of any liability for the remaining term
OF said lease" The other authorizes and directs the
Clerk of the Board of Supervisors its behalf to
cute a lease from Charles johnson and George
Shepherd Of the same premises for
term Of twelve years and six months from Nov.
l. 1872 at an annual rent of $4,000 1t is claimed that
the clerk the Board Of Supervisors did on Oct 81
1872 execute new lease with Messrs. Johnson and
Shepherd but il he took such action it was not author
lied by the resolutions TO which have referred until
proper discharge Of the liability Of the city under the
previous lease and was therefore, for this and other
reasons void In this alleged lease it is specified that
the premises are be used and occupied only las
es 80 that during the next years they should not
be required for a1mOres and drrooms, they could be
used for no other purpose, and would be vaucess TO
the city, and the lease cannot by its terms he as
signed without the consent Of the essors they would be
able to get back their premises on very advantageous
terms. BY the terms Of the resolutions their
whole effect depended upon discharge Of the city
and county from any liability for the remaining term Of
the existing lease and the payment OF the rent in
rears II the original lease in force of course the
owners Of the building could not make new one. Be
fore that action was taken il necessary that their
discharge should be perfected. That this view is
rect will be seen by reference to other facts. In the
report Of the Committee Armories and Drrooms,
recommending the adoption Of the said resolutions, is
distinctly stated that these who leased the premises
the Board of Supervisors "have agreed to cancel
the said lease the payment to them by
the county Of the sum due TO them TO Nov
l. 1s72 and make a new lease Of the premises"
The same statement is repeated in affidavit by Mr..
Johnson on June TO- 1873, the basis Of an application
for a mandamus to compel TO pay the rent. There
can be no dispute therefore, to the fact that the
lease was to made upon the payment Of the rent in
arrears and the canceng Of the old lease By the
affidavit appears that the pretended new lease bears
date and was acknowledged Oct 81 1872, while 1t is
stated the discharge from the old lease which TO
precede it bears date and acknowledgment Nov. l,
1872 This discharge have not been able to nd after
making inquiries the office of the Board Of supervi
sors and after thorough search through the records OF
this department.
must here refer TO another fact OF very singular
character. Charles johnson, George Shepherd, and
Francis A. Palmer the original lessons. It's stated
in Mr. Johnsons affidavit that Mr.. Palmer on May j,
1871 assigned his interest to Sidney p. Nichols The
resolution OF the Board Of Supervisors directs new
lease 70 be made with Messrs. johnson and Shepherd,
and the pretended new lease Of oct 81, 1872,
ecuted by them only. The alleged discharge OF the
county from the old lease was 1t is claimed executed
by Mr. Nichols with them; and tho three In July, 1873,
unite in the application for mandamus First,
Mr. Palmer appears, then Mr. Nichols then neither,
and finally Mr.. Nichols again. Such changes
somemes indicate fraud in minor transactions but
unusual those relating to real estate II Mr. Nichols
really became the possessor OF Mr. Putnams interest on
NAV l. 1871 the fact was known to his c0-ess0rs when
The resolutions of oct 81 1872, were adopted by the
BOARD of Supervisors and lie should have been named
M one OF the persons 20 execute the new lease But
whether the interest was In fact owned by Mr faer
or Mr.. Nichols Messrs johnson Shepherd do not
appcar 70 own the whole interest and If they could
not lease the premises 70 tho County Of New-York
IL will be my duty 10 resist by all the means In my
power the payment Of any rent under the new lease not
only because il has not in my opinion been legally
made but because IL partakes OF the Objectionable
character which shall show attaches in hagrant de-
ree 20 the original lease. Under the first lease the rent
for the fourth hoo7 Of the building is $4,000 year
have caused r. g. Hatfield, whose experience and capa"
city are well known TO visit the premises and make an
estimate of the proper proportion OF tho rental value OF
the fourth floor (the uppermost one IN the buidng 10
that Of the whole building His report estimates 1t to be
ls per cent. ] have also caused inquiries TO DO
made Of other competent persons, and not one
OF them estimates the rental value OF the
fourth floor of building high as s per cent OF the
whole rent. / adopt Mr. Hdt6elds estimate because 1t
is the most favorable to the lessons IL the renta!
value Of the fourth floor be Is per cent OF that OF the
whole building, rent OF $4,000 for that hoor would be
equal to rent Of 100000 for the whole building The
Assessurs valuation for the ground and building IN the
year 1870 when the lease made, $4,000 THIS
was increased In 1871 to 50O0 and In 1872 TO $4,000
We have therefore the Astounding fAst that The Board OF