The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-30
THR NEW POLICE C0lnuSsIONERs.



suprsaAs Court-specasl Term.
Before Hon. Judge Davies.
A-r ea.-Fhromdo Wood rs Simecr Drupr and otAes
Motion for q preliminary injunction. J.-This
molten has been argued with ability commensurate
with its Importance, and with the high standing at the
bar Of the distinguished counsel employed In the
The plaintiff Giles his complaint In this cause, al
texing therein thai he Is tax payer In the city Of
New York, and one or the corporatos thereof; and
prsys that the defendants may be restrained from the
execution Of statute which he alleges 10 be
stitucas, and void. The relief demanded in the com
pin which IL is competent for this Court grant In
proper case is perpetual injunction, restraining the de-
SendAnts from the execution Of the The authority for
this Court 70 interfere by way Of preliminary in
Junction Is acquired by section 2le Of the Code.
u authorizes the Court, when Il shall appear 10 II
BY the complaint that the plaintiff Is entitled TO
the relief demanded and such relief or any part
thereof consists restraining the commission of any
oct, the commission Of which during the litigation,
would produce Injury 70 the plaintiff, or where, dur
ing the litigation, 1t shall appear that the defendant
Il doing 90 about TO do, some act In violation OF the
psinrs rights, and tendiag 10 render the judgment in
ecaa temporary INJUNCTION may be granted to restrain
sS % rs Snss ~ s as
seood before The Code the plaintiff had right to the
sealef ssaght IN suit In his own name he has now none,
- We sec0n docs mot profess 10 extend the relief which
tho plaintiff might claim In such suit II the only final
xeasef which he demands is q Judgment for
sSe law - stood before, he was entitled to tina.
relief (Chemica Bank against The Mayor, &C., IL How.
Pr Rep as well SETTLED SETTLED in h, Court that. when
tual injunction, he may also have temporary injunction,
Yendae e, provided il Is necessary to protect him from
Injury. Corning Troy Iron and Nail Factory, Pr
Rep The first question, therefore, TO be disposed Of
ls has the plaintiff such standing in this Court entities
him to the relief claimed in the complaint The
plaintiff alleges, and il is not denied that he is
taxpayer in the city Of New York and a corpora
men. are that he contributes TO the taxes raised in this
CITY, and is member Of the corporation thereof, and
such interested in the corporate property BY being
taxpayer he has contributed TO the taxes already raised
and collected therein and liable to be assessed and pay
bis siqu part by way Of taxation, 70 hqudate and dis
upcn the taxpayers Of said city As corporstor he Is
part owner Of all property real and personal owned by
ss ana mas risnl 70 be heard any aspS
Che act Of the Legislature Of this State, passed
April 6, 1857, entitled :" an act TO establish
metrcrotan police district, and 70 provide for the
government thereof" This act organizes the coun-
6es Of New York. Kings, weschester and Richmond
The State Of New York." and directs the appointment of
i've commissioners by the Governor and Senate who,
with the Mayors OF the cities Of New York and BROOK
n ccso are 10 form board OF police commissioners.
Such board Is authorized u appoint various officers 10
I'D them In preserving order and performing the duties
perinieRdent Of police, and two deputy supernten-
dents; i've surgeons OF police and many inspectors
q police exceed hundred and fifty and so many
police patrolmen may be determined by the Super
sad conty and many pa,romen for city Of Brook
and for county Of Kings included in said city and for
The counes Of Westminster and Richmond the Common
Council Of the said city and Boards of Supervisors sad
Counties shall determine. Until otherwise provided the
existing police force in the cities Of New York and
Brooklyn viii continue 70 be the police force Of the
counties Of New York and Kings By section IA Of said
act Is provided that the Common Councils Of New York
and Brooklyn at the expense Of said cities respectively
Sha dcitic
Tor the station houses required by the Board Of Police for
The accommodation OF such police for the lodging OF
arrested for OssOss Is also made the duty q said
Common Councils to furnish The same suitably and
In case te said Common CounciL OF either Of thru,
shall refuse TO make such provisions, having been
made lawful for said Board to make their own provisions
IN the premises and the expense thereof shall become
proper charge and debt upon the city 20 negectng
fasing BY section 26 Of said act s provided that the
Board Of supervisors OF the county Of New York shall
annually raise by upon the real AID personal property
Of Police before the first Monday OF June in esch
year, shall apportion as requisite and neeuul to be
sS s s sa ,s %'S Ponce for %
purposes a ss.d act Such apportonment no, to
be binding. II IL shall exceed the sum necessary TO
the police force IN said counties respectively
unless the shall be approved by majority vote Of
an Auditing Committee, composed Of the Presidents Of the
by the Comprolers ohe cities OF New York and Brook
n such moneys TO be raised TO ba paid into the
sey paid into the treasury Of the STATE, and to be drawn
fhercom by the said Board OF Police for the purposes Of
said police And by the said section iii further provided,
that AL the moneys collected by the said cities for police
purposes, surong the years 1856 and 1851 and
pended, shall, Immediately on the organ zation Of the
Comproers Of said cities be paid INTO lie STATE treasury,
be dibnrstd by the aid Board OF Police. By Sec Is OF
sad ect declared that all teicpaphc apparatus pub
Nc police property books, rccorcs and accoutremnts in
The Secession OF the Police Departmental the city Of New
York are thereby given for the use (snd not 20 be 70
nl
q poloe created by said act but the ownership OF the
same, and the thereof, shall be according the ord
naEcee which the Common Council Of the city In
which such property Is situated, may enact Is thus
that the sad Board q Police have the authority
~ AKA upon s s or, ssS nO, G s ss Pa5
Council OF said city docs not surrender 10 them the station
houses, kc, now used BY the police Of said city, aud re
The expense q sad city, take out Of the city treasury
FOR the purposes OF said Board any unexpended moneys
1887 Il tho date Of the organization Of Board and
apply and the for the purposes Of said Board
and 70 take possession q al Geographic Apparatus,
lion of the cy Of New York and the property Of said OR
Irsuon and the thereof by this act given b said
sc szes be levied, those already collected and
10 die city treasury, c0rporator in said pro
krd e decisions of this Court In several cases be has
interest, and such this Court Is bound TO pro
tt sha see that the same are " be Illegally invaded
The rst 10 which the aid Of this Court invoked
by Axpayev prevent misappbcaton OF moneys raised
by tsxsoo IN The possession q the Corporation
sa of Advance the Mayor, reported LIST Barb, Ia
In that the plaintiff died his bl setting forth thai he
the q real estate In this city, and taxpayer
lie charged that, among other misappropraous by the
Ommoa Council, they had directed the payment u mo
neys Do authorized by law and the complainant prayed
Perpetual injunction, restraining the Corporation from
paying those The bin was taken confessed by
the defendant The Court though entertaining doubts q
~ Jurisdiction, granted the injunction, ~ prayed for
The next In 1sip ~ Kirby and others taxpayers
against the Desperation and certain Committees Of the Com
mon Covnc fof an injunction restraining them from pur
rhang certain Island IN the East river, called Berizns
Island, Tor q cemetery. The injunction In this
granted ard sustained The next case which called
fos ue Judgment o. this Court, AMI settled this
principle, usai Of Christopher Tilton agt the
Mayor cf New York and others, Cl3 Barb, 5s7) In
ehb case AZ injuniiou had been granted on the
app&o~uco ~ the planti vho claimed the intervention
q thc Court on the ground that they payers and
necooaders In The city q New York On their complain,
intunc1aon Vas isued restraining the Corporation the
CompxuAcr, and the Comm soner Of Repairs and supplies
frc@ sAkng and executing any contract with John Il
Corcs, In pursuance ~ resolution OF the Boart OF Al
desmea, fos rebuilding Washington sarka, and re-
ssrsinEG Me said Cori.es In case any such conuaa
I.~i lse-nn x4sxf from tt,a