The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-06-19

anceS and the circumS 81 anceS surrounds
Ing their execution. clearly indicate that
the parties regarded and treated the spe-
oifica tions OF the number of acres in
each OF the said deeds as repres enta-
ton by the owner to the purchaser that
the land conveyed contained the number
of acres stated In each of the said deeds,
subject to be modified by small excssses
or DEFICIENCIES attributable to variations
OF instruments Of surveyors and the
like, and that said representation as to
quantity was OF the essence OF The con-
trsct. and influenced the price agreed
to be paid for each Of said pa: cels OF land
and the contamination of the sale and
purchase.
This view Is confirmed by the subse-
quent conduct of one of the parties from
which the purchase was made. namely,
the North Norfolk Company, which has
acknowledged its liability for deflcien-
cy in the number of acres conveyed by
it. and refunded four thousand dollars
for said deficiency, but not to the city
of Norfolk, the party entitled to the
same, but to some one else, to your COM
mittee unknown.
The deficiency in this parcel, your
committee Is informed, Is four and one
half acres, which multiplied by the price
paid pr acre for II and 3-16 acres en-
titles the city to an batemer.t Gf the
We recommend such steps taken as may
be necessary to recover this amount. II
the survey thereafter advised establishes
such deficiency.
We are advised that the several deeds
for THE parcels of land conveyed by
them constitute the best evidence of the
number of acres intended 70 be conveyed
by,eaoh of them, and OF the final contract
OF the parties, and that the desd for each
OF said parcels of land distinguished any
prior contract which existed between
the parties as to the land conveyed, \
claim for any deficiency or excess must
exist under and by virtue of the said
deeds.
1t seems to us that an official survey
and plat made by the efficient City En-.
Elneer of each OF thes.. ahree separate
parcels OF land. showing the exact acre.
age of each, and the quantity of high
land and the quantity of marsh land
and land covered by water, acquired by
the city under each ftths Sc SAID deeds
are necessary and should be In the pos
session of the city. Without these 1t
cantnot be accurately asceTtained what
quantity of land the city acquired from
each of the grantors In the several deeds
and the extent OF the liability under the
provisions thereof,
What is said as TO the conclusiveness
of the deeds isTupon the assumption that
the transaction was perfectly fair and
honest. untainted with fraud, deceit, or
dishonesty and unfair dealing pIuctiCed
upon the city either In the procuring or
acceptance of thr original proposition of
sale. or of the deeds, afterwards made.
thsn we are advised that court Of
equity upon proper proof of such fraud
would set aside and annul the sale and
restore to the city the money thus fraud
ulently obtainedpfrom her treasurer.
We have taken the advice of counsel
upon the question: as to how far this
committee can go ilScompelling witnesses
to testify and produce testimony relat-
ing to the matter directed by the rssolu-
ton of investigation, under which the
committee was created, and is acting,
and repor. as follows.
The subject matter of investigation Is
the purchase of land by the city for u
park In the summer of 1892. The sale
was made privately by certain parties,
and its investigation involves necessarily
looking into the private business mat
ters of the parties by whom the sale was
negotfa and consumated. While we
cannot conceive why any man or set OF
men. who have had a fair and upright
transaction with the city, should conceal
or suppress facts OF circumstances con-
nected with such u transaction or OBJ
iect ito its evnry ddtail being known, we
are advised that there is no warrant OF
authority in the Jaw for he Councils
and. of course their creature this com
mittee) compelling the parties 10 testify.
The Councils are a l. legislative not a ju-
dicial body. They can do only such
things astthe charter confers upon them
the right to do. and ito judiciaily inves-
tigate the business transactions of pii-
vate individuals although i IT involves
a contract or agreement with the city, is
not one of this powers conferred by he
charter upon the City Councils.
If wrong and injustice have been done
the city through the corruption and
faithlessness of her agents and repre-
sentaives, combining and confed: rating
with others, the relief is to be found
under the law in the courts, and such
matters cAnibe prosecuted both crimi-
nally and civily.
Not having the power to compel wit
resses to testify il seems useless 10 con-
tinue- this investigation. and. therefore,
ask to be discharged With the further
consideration of thca matter referred by
the resolution aforesaid.
y w. A. WALKER.
WILLOUGHBY 4. COOKE,
G. w. CAMP,
a. b. BROUGHTON,
Committee.
Mr.. Briggs moved that the report be
r.oDiup1