New-York tribune., 1903-05-07

this plaintiff prays it may be at liberty to in
sert herein with proper words to charge them az
parties defendants herein If they. or any or
them. have any interest in the subject matter
Of the lease hereinafter referred TO- and with
the SAID persons entered into and prosecuted q
conspiracy. illegally and under cover OF pre-
tended lease to deprive this plaintiff Of the said
bUlkhead between West Twenty-eIghth and
Twenty-ninth sts North River and 10 obtain
the same for the use OF the defendant Egan. IN
the last days OF the official term Of said Com
missioner OF Docks and prior to the date when
the participation OF the Commissioners OF the
Sinking Fund should make the procuring OF any
such lease impossible, and pursuant TO said
combination and conspiracy and not otherwise.
and collusively and under circumstances
amounting in law to a fraud and bad faith the
said Egan and said other persons did ana pro
cured 10 be done each Of the acts and things
hereinafter in this paragraph set forth, namely
On or about the Sth day OF November. ISVi'
the defendant Joseph Egan, above named. ap-
piled to the said Commissioners OF Docks Tor n
three years lease of the buIkhead on the North
River between West Twenty-seventh-st- pcr
north No. 81. and West Twenty-eighth-st- pi
north No. 6S, in the Borough OF Manhattan.
an annual rental Of $40, with the right 20 co..
Iect and retain all wharfage which might pecoWs
due thereon and that date the said j ser
Commissioners. acting as the Board of DOCKS.
passed a resolution providing for the making oc
the said lease. copy OF which resotution ~
hereto annexed and marked Exhibit a
THE MINUTES WERE ALTERED.
Thereafter the defendant Joseph Egan. or
some one of the other persons parties TO the
said conspiracy. by his procurement or FOR MS
benefit without authority. caused the minutes or
the said Commissioners Of Docks, acting as the
Board Of Docks. to be altered and changed 80
as falsely to state that on the said Sth day OF
November. 1901 a resolution was adopted 9,
the said COInris issfOners. acting as the Board Or
Docks. providing for lease OF the bulkhesd
between West Twenty-eighth-st. pier north Ne
IS and West Twenty -ninth-st pier north 80
SO North River. I'm the Borough OF Manhattan.
with the privilege of erecting and mainta aiming a
durpine board thereon for a term Of ten years
1SfH Of aTl10 Fs
OF $50 per annuTn with the privilege OF Two re-
newals Of ten years each. az an advanced rental
of , per cent for each renewal term. copy %
which substituted resolution IS hereto a1nexeH.
and marked Exhibit b whereas in Tact 10
such resolution adopted by said Board Or
Docks: and thereafter prior 70 the --'d uay "-
DeCeTu ber 1901 by means OF q false pretencf.
that such resolution authorizing me same had
been duly passed by the Board or DOCKS. pro-
cured Peter T. Meyer and J. Sergeant cram
two of the said Commissioners. 20 sign and de-
liver lease. behalf OF the Board o. Dochs
and this plaintiff. bearing date OF the Eth day
of December 1901 which was acknowledged ~
the defendant Joseph Egan. on that day a copy
of which lease is hereto annexed and marked
Exhibit &c" wherein and whereby the city or
New-York purported TO let to the defendan-"
cenber L 1901 with the privilege OF Two re-
newal terms Of ten years each. the said bulk
head between West Twenty-eishth-st ana
Twenty-ninth-st-. together with the privilege CT
erecting and maintaining thereon during ths
term OF the lease or any renewal tnereor a
dumping board at the yearly rental for the nrSc
term of ten years Of $3.50 at the yearly rental
for the second term Of ten years or Sl0iz 90 and
al the yearly rental for the third term OF ten
I-ears OF 81 37S L. and the defendant Egan. or
some one with his knowledge and consent aftsr
the execution Of the said lease and without tns
knowledge or consent OF the platntT. caused
the same to be altered by changing and reducing
the amount TO be paid yearly, during the nrss
term from 81 80 per annum 20 500 per annunns
and the defendant, Joseph Egan. has entered
into possession OF the said premises. ana nov
claims possession OF the same under the SAID
lease.
LEASE WORTH $4,000 A YEAR
On information and belief: The rent reserved
this plaintiff in the said lease vas. as. @ sna Is.
and prospective value for thirty years OF said
wharf property. the agreements 70 pay such
rents are merely nominal considerarions Tor tns
privileges therein contained and let 10 the de-
fendaut Joseph Egan. and such rental Is a
small part only OF what other persons vers
readv willing and abe to pay for the same, and
such lease not for the benent or the city or
Tev-Yors but greatly detrimental 70 its inter
ests and then constituted and now constitutes
a severe loss and damage TO this plaintiff. and
the privileges leased to the defendant. Joseph
S1SO 900 70 $4,000 per annun1- and the said de-
fendant Joseph Egan, and the parties 10 tbs
said conspiracy: then and there wen knew tnas
such the fact, and the said privileges ars
now worth at fair and reasonable valuation
the amount of $4,000 to $4,000 per annuTn. Or
The said lease. by reason OF the matters here
in stated was fraudulent and null and void. ana
OF no effect and the defendant. Joseph Egan.
interest in the said lands by virtue thereof
on information and belief The said lease -
void under the Greater NeW-1Ork charIer, ana
against public policy. in that the said Commis-
siOne-s Of Docks and Ferries. in entering into
the same. did act for the purposes OF the
CITY OF Neu-York then constituted. but only
for The purposes of the city Of NeW-YOrk "a
constituted by and under the said Greater New
York charter as amended by Chapter 465 oS the
laws OF 1901 and for which they had no power
20 act-
The leasing OF said wharf property vas in al
substantial respects not TO take effect until the
said Commissioners OF Docks should cease TO eN-
ist and the terms thereof were made 50 as n
hind and hamper this plaintiff in the control
and unaragement Of its wharf property for
many wears to come. and to anticipate the
Limitations described by the said provision Or
the charter which took away from the De-
uartu1ent OF Docks and Ferries the power 20
lease any wharf property. except when ap-
uroved in writing by the Commissioners Of the
Sinking Fund. and therefore the said lease
and Il against public policy. IN view OF the fact
that tt was 10 the said Commissioners Of Docks
on December D 1901 at the time OF executing
the same well known that after January 7.
1902 the said Commissioners OF Docks and the
said Board OF Docks would cease TO exist. BY
operation OF law. and the control and manage
raent Of all the wharf property OF this PLAINTIFF
would be vested in other Offices. under nmta-
tions which should secure the piaintiH against
the said lease being thereafter made
The Corporation Counsel demands Judgment
for the city. among other things. as follows
That defendant Egan be required 20