New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-04-09
THECOURTS.
ting OVER MANHATTAN BEACH.

FIGHTING OVER MANHATTAN BEACH.
rpp ,ssos or Tur CONTEST BETw ZEN fHE MAN
L. pAyrAr BxAoH coMpAyY AND TgR TOWN OF
eRAvEsKND.
| The suit of the People against the New
| York and Manhattan Beach Railway Oomp""''
which has Just been passed upon ny the court VI mp
peals involves tie Title all the eastern end OF oenfy
| Isl.ra cammoulv known n Maubattan Beach Tue
rom paint upder which the action 10 recover TINS
pr,,,ertv was, btoughs charges that theso were
/ common l,uaa 10 the town o; Gravc>ena gfSHteu
| in 1915 by a charter OF the Dutch 6oVernmehe
confirmed By the English Colonial Govern
uep, 90 certain 1sehoers aud inhabsnts OF the town
and 10 their for the use OF the own ana ~
ella med that these sti the property OF voc
Town The complaint sets forth the msnuer In wh'ch
the Manhattan Beach Company obtained pcsses'on o.
these lands The company. 1t IL alleged seizen upon Use
property In 1872. claiming under indViduas VINO IN
turn claimed TO have acquired title TO 1t from various
sourccs Then in 1873 Alfred suny, one OF the directors
of the company. took large number oil the
the company 70 town meeting Of the town OF Graves
end Although Mr. snlly was not resident OF ln's
town nor were most OF the pen with him YET 'heJ "e'o
enabled by their votes 10 carry through reso'ui'"
which permitted the damages 10 be pau 10 tue Vo" "
the comnany to DO determined by arbitration STEPHEN
l. vorhirs who presided at the meeting ana NHo
declared the motion carried, was appointed one OF '"S
appra sers for the town by vote passed III tue so
manner. IL charged that hr Norhes ac'eu :"
connyance With Mr.. Sally. Afterward Mr. Norhies' !"
concurrence with James Armstrong who was enoseu III
appraiser for the company, agreed upon SLOW ~ 'Y
sum 10 be paid by the company for all tho right ue anu
interest Of the Gown OF GraveSehd III "nu W '"s ~
land.
This action brought by the Attorney Iene'~ uu
der Chapter 40 OF the Laws OF 1873 commonJ SpOAeh
OF rs the "Tweed actin This sc which IL sad 20 nave
been drawn by Samuel ]. Tilden passed lust AFTER
the people beaten demurrer In ther Actions
in behalf OF the city against Ingerso aud Tweed The
act gave the people right o; acton which previously
had existed only the municipatyor pecuatos e'c
on the part OF municipal officers Tns ~ tho hrs case
IN which 1t has construed by the Court oil Appeals
The company demurred TO the complaint con'ehuins
that the act did not apply TO real property Justce
Pratt az the Kings County Special Term overrued the
demurrer Tue General Term reversed this decision ana
the Court OF Appeals sustains the General Iern
There IA no opinion dissenting from that written By
| Judge Andrews In this opinion he says;
IT'S conceded that except for tie Act OF 1872 the
/ action could NOT be maintained. We are OF the
opinop that action to rrssver real property Is no,
money funds credits and properly converted ADD DIS
| posed OF, etc" The word property describes any
ersl sign acance inc udos anything capable OF owner
| ship Bui the meaning Of a saIuts 10 De Iouna on
oSsoriaed as il Is with the preceding words OF specific
DESCRIPTION is lie construed referring to properly
rated. The main oojeci OF the ACT - ~ tlaeu'I
give additional remedy Tor the a %
aunor,re me "a ate to rur.ne funds wrongfuy alb
sfracfed from nansts Of on ts
| or other persons VITO vrupglnly obtained OF NeS'eu
| fhctn But We think would require strained con
stuctiou Of the statute TO extend II TO tue Ieco'Sy
| OF real estate belonging 10 a muhelp1,nSs ta o
| poSsesson OF which has besu WrOngialy ae-
| ouIrea or ~ wronRlullO withheld. Inc
| interference OF the STATE IL invoked unoer coI ui
the Act of lS75 the town against An INJURY ~
sultipr from the msraTTtaRe OF the syetn OF Town meet
inYs agencies for the management aud conto u' 10
cal AIRS and interests We do not think sucn an MFR
! ference by the s. contemplated Inc
people IN town meetings act IN ther pr snu nS' ~
representative capacity The Act OF 1879 wac ma IN
tended 10 INT central authority jurisdiction 70
review or reVre the proceeding, Of town IN town not
pgs them ASIDE upon The aliegauoh thAl tho
action OF a town me~tng was produced oy cOifupon'
fnttnioafon or violence Tue sysietn OF town govern
uent DC sufficiently guarded. bnl lhc tehooy
| for defects not 10 be found in tue ACT OF 1870
b. g. Hi,chlngs appeared with Attorney General Ward
for the people Alfred C. Chaplin for tue oOmDaDy.