New-York daily tribune., 1857-04-23
derpen Of the City and County of New-Yo'h have
atsed q Z snhi,inn In the Elln wing Nnrdn:

l pstsed resolution In ihs following wo'os:
nre lno.n The Pobce bill sfeonrtutio"d All '''
1.slted Th., III. Honor the N,yrr R.-rde .ad c.y
Judi BE- and are h.rsss drscsd % ,,t.n F.n 1
a stssn. to ID on osy s se Pcs
geo csIed IN sad a bu; 10 connas N the ssesIts OF th
psinuns them a. s.asmnl..sner- A,opsed
Aro that the Board II Councilme of said city have
passed, in committee Of the whole, resolutions in the
following words
Bhea, 1t represented that the ~ttnre Of th. State
@ during - pr.snt ,s..o1 Rs..sa various '' Eating par
Wheea, represented ha, many Of said arts are caicna
ted TO aud do impair interfere with ,h, Popy isn
hse privileges ard powers Of the COOPERATION Of the City Of
WAeea. The said act. were passed wi,hon, application
Rs,oisei That he Corporation be. .nd be i
lay what have been passed by said LesIiafe ~t'ins
Re,oirsd That necessary he .aid counsel BE-
authorized and empoweIed,o consult and dvr With ach other
.d -vers ar. and earh then. present, the Common
Council an opinion IN detail in r.ssrd ihsTs'o' -,
Rcoited That until said port and opinion .hl h. e-iy'd
the Mayor Aldermen and Gommonsliy Of the City Of New
Yors s officers. agent. and .-ryant viii wholly rr.n and
abstain from any ac"n ccusd,o to sdmit recognize OF .c
qu.s the ad Of act part Of an act which may
have passed by the said tueins the Prperiy
rights privileges. jurisdiction or franchises Of the sad
Mayor Adrrmn and Comuousy except such acts as may
LAY. s,Jo tar1n s and csm%ony and that in any
attempt shall be made y Pr-n 70 enforce or carry INTO 81
Corporsn counsel Immediately institute proper legal
drs prevent the and protect The sh'' o ne City
much thereof be necessary for this rTpo b. and
the hereby aPpropated 10 pay The chse' OF such .d
proper to with hf for The purpose aforesaid
10. And this plaintiff is apprehensive that If said
Poic. Commissioners named IN and appointed under
sad net of the Lcg laure, shall be- permitted 10 enter
upon the duties OF their pretended offices, and a.
sumo the control of the police force OF the City
Of Eew-York, and enter upon and take pos
,eesion of all telegraphc apparatus public police
urop-rty books, records and accOutrements now
in the possession Of the Police Department of
the City Of New York, there will thence arise con-
fict Of authority between said Commissioners and the
constituted authorities Of said city, which may mate
rally leopard The public peace and endanger the pub
lie authority; and that such conflict and al the evil
consequence flowing from il, as Well as the mschl.s
of haviDg the police power OF the sald city ADMINS,
tered by Board whose constitutional existence and
authority are liable 10 be constantly questioned can
be only by restraining said defendants from
ercising all power and authority said commissioners
under said act until its constutlonaty sha be deter
mined.
III. The said plaintiff, therefore, prays judgment
sgaint the said defendants, and that the said act OF
the Legislature, entitled aforesaid: AN Act TO
establish metropolitan police district and to pro
vide for the government thereof, passed Apri,
| 1857. may be declared unconstitutional and
void; and that the said defendants aud each of
them may be- perpetually restrained from e1,
ercisipg any power and authority under the raid
act. And that in the mean time, and until the final
Judgment Of the Court herein, the said det,adants
and each of them and their servants and agents may
be restI aimed by the injunction OF this Court from en-
t.rng upon the duties of raid Office OF Commissioners
of Police from forming any Board of Police, from
suming any control the police force OF the City
and County of New-York from entering upon or taxi
ng possession Of any telegraphic apparatus, public
now in the possession of the Police Department Of
sad city and from exercising any authority and power
over OF respect to the police OF the SAID City and
County of New-Yok, any OF IFS offices records or
property and that the plaintiff may have such other
and further relefn the premises shall be agreeable
~ equity and good conscience. - -
JDkT D. SHERWOOD, Attorneys, No Ill BroadwGy
Guy County Of Neo- York ''-fernando Wood the
heard foregoing complaint read and knows the contents
thereof aud the same !. true o. h' sw No except q. 70
belief and to those matters he beeys: to s be ns
s"0'" 0e'''' NV 'H'' HENRY T. DAVIES
A copy Of the Metropolitan Police Bill is annexed to
this complaint.
On "Wednesday afternoon the injunction modi-
fed 20 far as to allow the Board to be organized and
TO have the hearing on the 2h ut p M, instead of
The 9th at II a. N.
We append the order and affidavit to that effect
WHAT The OTHER
At CHAMBERS, April e. 1887.
Present the Hon. HLARy l.. DAWES, justice.
Cpn reading the atfdaMts of the defendants herein
ord, red that much of the injunction heretofore
granted which reStrains the defendants from entering
forming anv Board of Police, be and the hereby
is vscated and dissolved far il Restraints said de-
PENDANTS from organizing said Board, and that the
order y, retoorc granted herein, directing the above
named defendants TO show on the 18th day OF
April iinst.) at II In., why an injunction should not
be granted according TO the prayer OF the complaint
in this action be modified A. to direct He said de-
{, ndants 10 show cause before the Hon. Henry T..
Davis at a Special Term, the 23rd day of April,
at clock, p. of that day. why the aforesaid In
Injunction should no. be granted prayed for in the
complaint hkNkf L. DAVIES
Ayrh u, 1851
nor Jacob Cbopr. James Bowen Jsnes s. T. Strsnahan,
seyeray dspo-es and says that they were
each .eyeraly Commissioners OF Police for the Net
Police District on TuesdAy the 4ls DAY OF hpr INST
% have qualified according the act creating the said
Dis,r and which each defendant above named ss
Police That on this day. the "a INST thy
In ,h , as Mayor the City OF NewYork and al eIofco
m the Board OF Police, and upon one OF the dend
aut. Samuel Powell MAYOR Of the City Of brookyn aud
uoic, TO each said Mayors that at O'clock of tins
dv thes def ndauts would proed to orlajze Board VI
Police the Courtroom Of the Court VI General sessions
tb Pare The whereof las b. rendered to these defend
the Hon. NJ Smith junior one Of ne Judss 1 ns
the late commissioners OF roce
Tbs, def ndan's advised and br ed nsS IN. ensn
Gle, OF creating th. metropolitan Police District de-
immediate ORGANIZATION OF oi
Lh these members should be bad nasuuch
A. the sections Of the act sns said Board are now
these defendants that they are now prepares
10 meet argument upon th injunction which was served
SIMEON DRAPER,
JACOB CHOLWELL,
j. :. STRiNAHAN
JAMES BOWEN
.,r, sns b,ioie this 29d DAY Of April 1857
'"''' HENRY L. DAVIES
ORGANIZATION OF THE NEW BOARD OF