The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-02
MUNICIPAL AFFAIRS.

Commissioner OF the Sinking Fund.
The Commissioners ofthe Sinking Fund met late
yesterday afternoon in the Comptroller's ONCE.
There were present Mayor Havemeyer, Comp
troler Green, Chamberlain Lane, Recorder
Hackett and Alderman Van Schaick-all the men,
bers.
communication was received from William @.
Traphagen, in which he stated that the contract
entered into between MIN and the Sinking Fund
Commissioners, few years ago. to recover land
held adversely TO the city, for which he was to re-
ceive one-haif Of the value Of land so recovered,
was legal contract and binding. The law did not
allow dissatisfied person to dissolve an agree
ment without the consent OF all parties Interested.
The contract alluded TO was entered into IN good
faith, and as party interested he was unwilling
After the reading OF this protest Comptroller
Green called up the resolution laid over at the last
session OF the commission, which rescinded and
annulled Mr. Traphagen's contract, and moved
that the same be amended by leaving out that part
OF the resolution which related to notifying Mr..
Trapnagen OF the action OF the commission in the
matter. He said that the object OF the amendment
was Tor the purpose OF not rec ognizlng the con-
most wasteul, moDstrous and Illegal contract ana
10 annul II, he thought, was duty winch the men,
bers ought TO perform.
Recorder HackeGt replied that the record OF the
contract In the minutes or the Board showed that
itwas not a pretended contract, as the Comptroller
had stated. IL was a legal agreement between the
city on one hand and a citizen on the other, and
whether Ii was void or not the courts could only
decide. The UOmptrullers opinion was not q legal
one nor was he the legal adviser to the commis-
SION. The members should not act on the opinion
OF the Comptroller. The Counsel to the Corpora
ton was the legal adviser to the city officials
There was no doubt out what a large amount OF
property is and has been held adversely to the CITY,
the title to winch could and should be recovered.
The Comptroller replied to the remarks OF the
Recorder by saying that If there was any property
held by adverse title to the loss OF the city it's
recovery should be had through proper city on
GERS, and not by private citizen and at great
expense
Alderman Van Schack moved that the Mayor
be empowered TO consult with counsel and aScer-
tain il the sinking Fund Commission has power TO
rescind the contract, which was lost.
Chamberlain Lane said Ia some instances Il was
admitted that the commission had made grants
OF land under water, and then had empowered
person to recover said grants, paying one-half
OF the value OF he same to the q gent
The Mayor incidentally remarked that he did not
believe that 1t was III the power OF the commission
to recover land once granted.
Comptroller Green again spoke OF the uDjustnesS
OF the agreement to recover adverse titles held
by private parties to the loss of the city. He con-
tended That the agreement was illegal for more
tnan the reasons he mad already advanced. He
simply ACTED as he did for himself only, and he
thought he was doing right and for the interest OF
the city. He did not desire his remarks 10 De
construed into legal opinion.
some further discussion, OF no importance, now
ever, ensued, alter which o vote was taken On The
resolution TO annu the contract OF Iraphagen. Tho
Mayor, Comptroller and Chamberlain voteu ior ana
the Recorder ana Alderman Van Schalck against re-
scndng the agreement The contract Is thereDy
abrugated.