New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-21
purpose II will lie idle while the city is paying tho
interest on the loan siready obtained.

c ac md S.I Sss Worn . .s s. g:s
On Iro belief that :: q tSs.s a..isS
ho believes Il to be tIgs A C. FLA00.
| A. S. CADY. Commissioner Of Deeds
| Appended to Mr.. Flsgg's answer was the following
FINANCIAL STATEMENT.
The tax levy Of 1857 is computed at eight miioas.
| In anticipation Of this levy we have borrowed i've
ndlons-equa TO fve-eghths Of the levy Of 1851.
The Police Fund is entitled TO fve-eighths Of ths
| 1851.
The sum appropriated for tho Police Fund Of 1857
is $S25,c00i hve-eghths Of this is little $780,
| eco.
At the close Of April there had been expended AZ
tie amount Of this fund thus brought into tho Tross-
uy the sum OF $29l 900 05.
| The Controller was notified Of the organization Of
| the metropolitan Police Commissioners the 2Jth
| April.
The Controller paid to the whole of the old police
force, including the men who had joined the new Com
pays to the 23d of May. This done with the
| ssnt If the new Commissioners. This left in the
Treasury on the first Of July, available Police Pund
to the metropolitan Commissioners to draw q warrant
for $lC0OOO 10 pay that sum into the Treasury TO
able them to pay the police force under their coaa-
mand and at the same time proposed to draw warrants
on the Police Fund in the City Treasury to pay he
| new and old force who were dsbanded by the Mayer
on the Sd OF july there balance in the Trestury
belonging to said fund Of 900, made TO the ssv
The proposition by the Controller was let, 70 PEP
| the oisbanded force. The Commissioners assentsd
TO the proposition in this form, though they migh
havs prevented if they had objected the payment u
the old force. The warrants were accordingly draws
for SlOO 0OO and for $4,000 for the payment OF the
first eight Wards of the disbanded iorce and both
warrants were simultaneously presented to the Aaysx
counterign.
Flag and others
Az,ah Flag being duly sworn depose' and gay, shs. Ne
gfaf mi IA a..
A. ). CADY Commissioner Of Deeds.
Mr. Field then proceeded 10 read the answer OF tie
Police Commissioners. II contained the recitas
and expended was the jurat Of James Bowen, Who
testified as one Of the five defendants named IL The
snswer that the answer was true Of his own knowt-
edge except those matters stated to be on iafog~
nation and belief and that to those matters no ~
lieyed the answer to be true.
Mir. Jennings then opened the case in behalf Of -
plaintiff in brief argument. lie was followed ~
Mr. Field who argued the following points in behalf
of the Controller and Street Comit soners against the
motion to make the injunction perpetual;
l. This Court has no jurisdiction, because sax-
payer cannot here TO restrain the performance a.
an act by Of its alleged effect upon the Corpc-
rate Treasury. The Supreme Court, in this district =
is true has asserted the right Of tax-Psyerce
for an Injunction to prevent an act which was 49,
to increase the public burdens, lessen the public
means, l3 Barb So, Christopher agt. The Mayor -
New-York But this decision has never beea ar
tended to any case where the Corporation was NOS .
".
y Duer ga, DAVIS agt. The Mayorl weakened By
the Supreme Court ITSELF (Arkenburgh agt. The
Mayor SEc.) and overthrow, it is supposed, BY the
Court Of Appeals IN the Gaze o. Inc ba
H. This Court has jurisdiction, because the Coz
pOraton is necessary party, without whose presence
complete dete rminaton Of the controversy cannot be
had, Code, Sec. 1872 and it the Corporation wore
brought in then the Court would have no urisdicton
because it has not jurisdiction Of an action against
corporation for injunction Code Sec: IS, sub. -
Iii. This Court has jurisdiction, because tho
power to epoin officers, such the Police Commits
sioners exists only in the Supreme Court to be exex-
csed by the General Term Of that Court, after notice
" OPPTiS s d psnyh had the nasss
could lot be granted, because there is no positive an
davt on which grant it. The affidavit annexed -
the complaint is made merely on information and be-
ef which has always been deemed insufficient to sus-
tain an injunction.
VII these difficulties out Of the way, tho in
junction could not be supported because there are No
The 9th sec,o Of the Police act declares that ths
'sums Il money collected by the respective cities
AZORES aid New York and Brooklyn for the purpose.
'of police therein during the years 1856 and 1851 and
mot expended in retrospective treasures OF the saa
Cities, shal be paid into the state treasury ~ pss&
# the police fund
The sum collected for 1856 was exhausted befors
he passage OF the act Nothing can by law, DO COL
ected from the taxpayers for 1857, till the first e
september. But, it has been the iuvarisbe practice
borrow in anticipation Of the taxes, so soon ~ the
|
$50 is upward Of - ZOO, Of which moro than
$500 Go for the police. In anticipation a. usual
the whole machine Of the city government during Tie
year has been carried on by means Of loans$5 OvO0o
having been borrowed; Of which proportional part
($5O0,OOO applicable to purposes Of police.
OF this sum, only $751; 90 have been expended Ths
balance remains IN the city treasury
Must it there remain unused while the city Is pay
ing interest it, and the policemen DO put of till The
Collection from taxes in September and afterwards
The Controller and Police Commissioners submit thse
such is not tho true construction Of the acts.
l. The act was passed on the 10th OF April. II re-
quired the policemen to be paid monthly (sec. ~.
The tax law makes the collections Of taxes to begin
On the LIST Of September Laws Of 1850, chap. l21.
Ii paDy not the intention Of the Legislature ths
the men Should wait till September or October for
their monthly pay Is is, therefore, to DO presumed
that the Legislature intended the payments t0 be
made usual out of the funds raised In anticipation Of
the tax collection The whole act to be construct
together and all parts to have effect, if possible.
q The which the Controller is about to pur-
sue is the which has always been pursued IN re-
Spect to the city expenditures. The Legislature 10 -
be suppOs ed to have known this usage and to have
acted in ference to it, In conformity with il tho old
police has been paid the Mayor has been paid; the
other city officers have been paid the Judges have
received their salaries and II would be hard aud H.
vicious indeed if the policemen are not 70 have
the benefit of the same construction.
3. The money Is in the city treasury. The city
must have the right to pay it away for the satisfscss
Of its debts.
A. If the money in the treasury be not money "ose-
lected for the purposes of police is money received
in lieu Of the money to be collected, and receives
under ordinance passed by the Common C0vncus
Of 1851 cb Co., and which the Legislature had before
it when it passed the new Charter the thirtythisd
section Of which authorized the loan.
s. But money borT0rcd Is money collected, within
the meaning OF the 9th section OF the Charter. TnS
apeuage is collected ron. tares, but collected leg
The puIpO es Of police. Ii is in the Of the 90