The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-22

Mr. OConor opposed the hearing the injunction
until the motion pending against Daniel y. Oonove mover
reoolect that the order 10 shaw cause why the Jono
tin snoald not be continued, vas nr" maze 70,
the 24ih inst. The temporary injunction WAS served
on the parties and violated, aud within an hour or
40 Afer its violation sppli ,auon was made 70
Ss 70 e ns,s ds was soOs but he .c ta.. the
violation OF the INJUNCTION took olsce mmedasey pren
this appirscu aud thai the Court was nov a. .ne
tine aware OF violation gave him Iigut TO ask that
the order Saturday be vacated or modined and
The motion for attachment against the parties concerned In
the contem !, be first heard
Mr. FIKp hoped that the hearing Of mi mellon would
not be delayed II Q remarkable fact In this cate
the main ground on which the mi motion was o.
lined was certiovar had been issued out OF the
supreme Court which sta ed the proceedings and was
of the Judges OF hat Court would osobey it
That pjuncton kept until the certorasi was super
sec CO. used Intended to be used until
superredeas eo out 90 the 18th Judge Peabody
dcoea tina. The csrtiorah was stay OF sns
OF pdpg IT, when Judge Davies should superseie
hs oerdorsr the next day Now was that the
Of indirect proceedings 70 be sustained by this Cour
This Court was asked to do something In Ai
Of the Supreme Court These circumstances ne alluded
popemept The comfy OF courts required that this ipjanc
ton sho I'd not be confirmed longer than could be
brought for hearing before the Court
Mr. OConor replied, that any allegations or counsel TO
NAL practice In obtaining the ipuncuon were out OF place.
The Fin pie matter WAS tina. the injunction had been oh
tanned. served and violated Before could
be uade out to have the party for contempt
application made 70 hs the hearing OF the ipuoc
eOm0
TAX Of ospdor the learned counsel had told hn Honor
vhen applying for that order that that very had
been treated with utter contempt that they were doing
they as matter Of favor that the hearing be changed
to an early day. II they had made thu, candid sase
TONI Il 80, it certainty would Be showing q
meek and humble spirit, very commemorate
~ n o .o s WAS s a 70
sitting In court Of justice, issuing and exercising judicial
powers II would not become him 70 grant any fsvors or
ind Uha fhuoAA nsnaA nd
upon mis- authority and whose ba ads were red With he
marks Of his coutempuous violation Of the process OF the
Court He would add that they had no desire make the
Court decide the on for contempt until had heard the
argument the validity OF the Injunction but only that
heee hngs should be heard in their natural order and
sequence.
The Court said proper, after the remarks OF coun
sell TO that In eranog the injunction the certoran
had never entered into his Thoughts, and was ground
whatever for Injunction 10 Ear regarded the Su
preme Court the ION Of this Court not intended in
ssy way affect the action OF that The Urinary rule, In
NOT allowing . party appear who was In contempt ap-
Piled 70 parties when convicted of that con empt
c,s OF uo
for disconnuaDce Of the Injunction until the
ton for centempt first heard De would. thereto Q,
vacate his order changing the hearing OF the iDjIno
ton from the 2h to the 2.t unless counsel ready
70 90 and hear the motion for contempt.
Mr.. Field said he was ready, with the exception OF
drawing up adidavis, which would take about half an
hour
which time Mr. Field appeared and stated wouli be i'm
possible for hi to be ready before the morning. and as
the insel the 9th eide offered objection the
Was adjeu ned to IL O'Clock THE morning
The following the order issued by Judge ngrahsm TO
Mr. Conover to s, cause why he shouts not be attached
for contempt Of Court oxo
In he Court Of Common Pleas Cry and County Of Nes
men ana Cnsa %. .. me J
James c. wlett &c-Upon the complaint and affidavit
verifying the same and the Injunction issued In this &C
ton and the aidavis hereto red II 10 hereby
ordered that the defendant Daniel Conover show
before me- at special term Of this Court TO be held at the
Fall LA ~ krox~ Val Aava n
infant at 10 oclo in the forenoon of that day. why
should against him for contempt Of
This So, d0os's Ai ssrysd him
RcHAnD BUSTED. Attorney.
NEW YORK, July 20. 1857.
The adavits referred to In the foregoing order
by Jas T. Brady. Thomas Carroll, Charles Tar
ner Charles Oevnn Jr., j. W. Bennett Patrick Oevlin,
and Francis Byrne.
Sccuss In the Street Commissioners once.
Mr. Conover and attendants took possession Of the Street
Commissioner ONCE yesterday morning, at the usual
time for opening IT, whereuron Constable Harrington and
the squad Of Metropolitan police retired. Thsse parties
possession Of the office all day. in perfec, peaoe
There police in the building The freest ns
and egress was allowed TO every body
No important business that requed the use OF the books
and papers transacted, but preparations made
actively carrying the bu sinsss Of the Once. M
merous parties were n during the day. making inquiries
about various matters In regard the streets this
OF principal braBches OF business In the Office,
IL was fully attended 10 yesterday.
on Mr. Conover during the day. ahpg him 70 show
shy process should not be instituted against him for
Of court n the 70 hi. us@ Sy
There were no suspicious looking oharac ers standing
about the building yesterday Every one seemed willing
Al 4 O'Clock p n Mr. Oonover and attendants lei the
Office which again taken possession OF By the con
stable Harrington with squad Of Metropolitan police Mr.
Ccnover sun held under nominal arrest by Sergeant
Coulter but has not yet oeeu carried before Police Justice
wehh for examination
The 100000 for the Pay Of the mstropoli-
tan Policc-Temporsry Injunction Dsssolv-
ed, and Motion for Continuance Of Injunc-
ton Denied.
COURT OF COMMON PLEAS.
Before Hon. Judge Ingraham.
JutY 2l.-JoAn fitzpatrick rs. ne Mayor Cbwrtrotr,
dc Tho motion made In this ID for injunction
against the defendan restraining them from signing and
paying check for 500 900 the State treasury, for the
Of the Police Commissioners 10 paying the heropon
tan police Of the city Of New York The plaintiff, q
taxpayer for himself and others asks for this relief upon
the ground that such payment cannot be made until Acr
the amount 10 be raised BY for 1857 for police purposes
shall have been collected and paid into the city treasury.
That part OF the for the present year has yet been
collected from the taxpayers is conceded; but appears
by the answer Of the Comptroller that he ha,
raised by loan on temporary bonds q san OF
money, Of xhch there remains In the treasury SEQ 900,
u..a p, ss nav Of ss sns m n
remain In the treasury and be unproduc,ve, while the
city paying interest therefor The 9Th section Of the
poh provides for the payment Of tue moneys 70 be
raised for thai purpose 70 be paid when collected into th
city treasury and Immediately thereafter into the treasury
Of the ae and 10 be paid hereron 10 the treasurer OF
the Bnaro OF Police The meaning OF the term "eoleced
10 be eshs led from the 2eth section where II provid
ed that the Board Of Supervisors shall raise and cole By
tar such OF money ~ the Board Of Police shall ap
portion. There be but meaning applied 70 the
Term COLLECTED" and TIA, when the tar has been paid
by those whose property the tax has been levied
When collected 70 be paid over 10 the state essu
~ for these purposes Unil sush collection 10
made no mapdamm would lie against the Corpo-
ration 70 compel The payment and until 20
raid money could be drawn from the
se Treasury for the pay Of policemen The 23d section
q the provides for the Of the In monthly
pay and the FIRST meeting Of the Bard Of Police
The period at which their 20 and authority over the
police OF the city 70 commence street construio
lead The reault Athough the