New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-08-01
HENPSTE4D RESERVOIR DAM

ARGUMENT N REGARD TO THE BROOKLYN COMMON
CouNcm's RESOLUTION DIRECTING us COMPILE
TIoN.
Argument was heard before Justice Barnard,
n the spccla! Term OF the Supreme Court In Brooklyn
yesterday, on the order to show cause why nandamus
should NOT issue TO compel the Brooklyn Board Of
City Works complete the dam OF the Hampstead Res
eryoir. in accordance with a resolution adopted by
m, Common Council. Corporation Counsel DE Wit
list read the affdayts OF Mayor Schroeder and Gen.
~ocuu, the President Of the Board Of City Wcrbs-she
substance OF which has already appeared IN
TuE TRrBUSE-and also an affidavit by hin-
self stating tlat Kingsley & Keeney were suing the city
tor =, 900 work alleged to have been done and
material furnished under the reservoir eontract that
the work was done and material furnished II n all, after
The appropriation Of $I,lO0,0OO exhausted; that
me OF the main dcfcnscs Of the city to the above action
is that no recovery can 20 had under contract with
public officer in excess OF his power; that II the work
was done and material furnished In excess OF the appro-
pyiatiOn, Kiugsley x kceney should not recover ire
price. under the contract when labor aud material
we're Tar ghcr the contract having IN law ended before
the work was dome aud material furnished; that deend-
ant believes the city complete the facing under
lis general corporate powers.
Mr. De witt SAID thar he had another short affidavit by
the Mayor, but Gen Roger 4. Pryor, who appeared FOR
M,ssrs Fowler and Adams o. Tie Board Of Cit Works,
objected TO It's being read the ground That IL not
D
ID. witt proceeded with his argument He SAID the only
tSo qupsjIgls Wc!e-Irst, whether the ciy, oar o -
5fi the alt o. Isj9 iaa rgt through the Common
G. lnc 10 compel The completion OF the stone tclh- gi
ents and second the sought 10y tins proceeding
re within the duy % the Board 81 Ciiy Works tc-
scrhed 10y t.o act OF t. Is Managing SAID Wogs 50
To- obtain the objects Tor which they were co'farse;
and ci Keeping them m STATE OF cic.racy aud nall.
then the water revenue iml is made applicable d. ue
approximation Of the Common Council contained III
tae resolution upou |4cA ihs proceeding Is 'as'n'
M ,TI q ID Al MONS adj
.,rf.ius 10 thr objects ~ tl,-Ir jpasr,r even
o. IN charters were silent the subject. Corporations
d, saiu, possessed the incidental implied Trht 10
a.icus,o dispose OF the property real psga . %
tIe pOrsuOu of pr y-e nature. and saey ilSt mort
gage the samt ANA this covered The private crest ~
Brooklyn could not take char-e Of protect, and utilize
% reservoir n 10 should uot DO 50 II would be breach
oi du iur which tHe city would be liable ia damage 20
person uyhred ~ tlis neglect Hence the Board q
ri,, WORKS were bound 10 obey the resolution Of tJ
pups use Mr.. 30 Nit also stated that the plea ~ tho
Board Of Ciy Works. t!i there was no account lrgm
which they could esIy ara" ihr money t"tohricte TIE
reservoir was u,ccss, - ~ any event mo Ma-t4 hcNe-
/ ura fund must supply me money. ,,,
Cen Pa or sl0 that tao obeVu'us 10 the application
] were th,rc-iod:
fst Ilat yhre du,y upon these rclaog % 90 tao
Sod II ,bt,e uo incmter upllFhem sscl duty, Nc
duly srd 20 tsy possession OF or
troll o ne requisite means on funds TO cary % t-e N'A 10
3h: oousednS for argument that ne duty does .es uon
the D, ta.- and they are possession oi he requisite
iulf yha pain ans eTeoptoy provisions Of Jaw ioiha '"
| Ia perform That duty -
; lie c.i.afI HAT the Common Council bsi no authority
or jurisdiction over the matter as by the act OF INC
LEGISLATURE the work dcyoi ied upon the Board d. ty
Works II TN, not SO the moving papers dd ao'
oNEi' 4 that tlcie was any fnnd applicable TO He '.
plp,iOu OF the reservoir The Board 'Ci CITY h"iNs
cond Not maze Fald contract 10 com W ..s
without the iunds necessary 10 pay for IT, SUI supFs
iaE shat the Cuty incumbent upon the rtldtoH ~
that there Vas money In thc treasury, there VS. a'.i
iWCulty-Sl, 100000 had been expended N ne WI
upon tine reservoir, ana The act o. ltb II, 80 80
plainly that the work should not exceed mas .-Ao
The REALTORS beloved that the completion OK ''o -
| NOig necessary to the welfare ~ tho C!ty'
The decision WAS rcscrYod