The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-26

called for was pAan that il cond be seed before the
take care Of their merry republicans He did not mean
pojcai republicans, but democrats, wings, ana men OF
Mr.. fYeld--You do not mean black rspublScansp sl
Mr. O,tbnor--Wen even black republicans. lie had no
doubt that before the 4th OF July they would De enabled
court and SO have put the cam0r Of the plaintiff
or the false pretences of the defendants.
Judge Davies made the following order in the easel
is ordered that the injunction heretofore made In this
is hereby amended, to be read al foowsin the
meantime, and until said motion be decided do hereby
order restrain and enjoin the above named defendants,
and each and all Of them from entering upon The duties Of
the ofce Of Commissioner o Police, the said du
ties relate affect the city o New York as mentioned
in the act entitled act " establish Metropolitan Police
District and provide for the government thereof passed
AprIl5 1857 from assuming any control over police
force Of the city and county os New York; tron entering
upon taking possession Of any teeeaphc apparatus,
pubic police property, books records and
in the possession Of the Police department. and power
in respect 10 the pohce cf the city and county Of
New York, any Of it, offices records or property
Arm %, 1857. n HENRY e. ,DAvUS
NEW PROCEEDINGS ny TIE ATTORNEY GENERAL
ABSOLUTE fsyuscTfos AGAINST rRR coMass-
sIoNERs.
As Mr. o,CoDor, In his argument, had animated would
Mr.. Cushing Attorney General of the stale, who is
counsel for Mayor Wood susd out writ Of quo
UaTrdo and Judge Roosevelt granted absolute njunc
ton restraining the defendants from interfering in any
way whatever with the duties Of thu Office Of Police Ocm
missioner. r..I
The injunction is as follows .l
TIC paepe Of Me Ssae Of New FORK in the ,eLlsson Of
Eyncado Wood, Acyor " Tie city Of N,,o York, Si's
Draper, dc. II ''.Y."I.
Whereas the complaint in this notion demands Judgment
against the above named defendants that they he oied
from the Offices hereinafter mentioned and restrained
from exercising, pretended board of the
establish metropolitan police district and 10 provide for
the government thereof or otherwise, the respective
offices of Police Commissioners in the city of New York
and heads OF the respective police departments OF the cities
OF New FORK and Brooklyn, respectively, fom exor-
csing all or any part Of the powers aud
thority which, before the passage of the said
of the Legislature were conferred nv law upon the
Board OF Commissioners Of Police of the cay OF New
York or upon the Mayor Recorder and City Judge Of the
cities Of New York and Brooklyn, respectively, as the
heads therein OF the respective police departments therein
and which relate 10 or connected with the police
government police appointments police discipline within
either OF said cities or within the counties e Kings or
New York; and whereas appears, by said complaint
that the plaintiffs are entitled TO the relief demanded and
that The continuance by the defendants In tho exercise of
any OF the Aforesaid Offices any of the aforesaid power
authority, would b. violation Of the right the PEG
pie Of the State of New York respecting the subject Of the
action, TO tend IN render posiponement unaffected and
whereas II appears satisfactorily by the affidavit Of Fer
nando Wood, presented behalf Of tho plaintiff, that
fore, on motion Of the Attorney General, IN, behalf
of the people OF the State, and on hearing Mr.
Of the motonr IL is ordered that the above nam
cd defendants and each of them he and they here.
by are commanded and enoined wholly desist and
refrain from exercising either OF such pretended board or
otherwise the offices aforesaid any Of them or the Sail
power and authority aforesaid. any part thereof until
the further order Of this court IN the premises se
NV YORK. April %, 1857 ~
The subjoined papers copies Of The summons and
complaint Of the Attorney General and the affidavit Of
Mayor Wcod, On which the absolute injunction WAS is
sucd,-
srpreue Court Oa,nty IF iNae r@t-Ihe people Of the
STATE Of New York the relation OF Fernando Wood vs.
simeon Draper, James Bowen, James W. Nye, Jacob
Cholwe and James s. T. Stsnahan. To the defendants:
asa ~. 100 . ana ssaass. 70 the
served upon you and serve copy OF your
at the office Of the Theodore edgwck No a. Wall street.
IN the city OF New York. within twenty days after the
vice hereof exclusive OF the day Of such service Sand you
fan to the complaint aforesaid, the phin,n will
apply to the Court for the relief demanded il the com
plant LIB. CUSHING,
A,,'y General of tho People Of the STATE Of 4 Y.
NEw YorK, April 70. 1857.
Same same.-The people of the State OF New York
plaintiffs on the relation Of Fernando Wood Mayor of the
city OF Now York, by Stephen b. Cushing, The Attorney
General OF said people, complain of Simeon Draper James
Bowen James W Nye, Jacob Cholwel II and James = r.
stranahan, defendants in this action and show thar the
time OF te pas ago OF certain pretended act OF The L.
establish Metropolitan Police district aud provide for
the government thereof" ON about tho 18th
missoners and member Of the Board OF Commissioners
OF Police 81 the CITY OF New York wa and ever since
hath been and sill IS public civil Office or ssd city, tho
said Police Commissioners a. right comprising such board
being three IN numborthai Is 10 say the Mayor Ecordcr
aud City Judge OF the said city of New York and The
same time the once OF head c the Police pplrtnent of
the city OF New York Twas and hath h.,n and
still - public civil Office in said city, or right belonging
aud arpcrsnng 10 the Office of Mayor of said city, and at
the bmc the Office of head of the Police Department
In the city OF Brooklyn ami ever since has been and
stu Is public civil ofc. in said city o.. Brooklyn, Of right
said city Of BROOKLYN and tho said plaintiffs further say
that after that time the twenty second day of April,
1867, NJ the city and county Of New York simen Draper
james Bowen james W. Nye, jacob CbOlwe and James
y 7 SfaDaan pretended Board Of Police, under sad
pretended act without any legal warrant, grant,
what oevcr niruded into and usurped the ad yeyera OF
oes of Police Commissioners and heads Of the Police I
parfnen ia the city 81 New York; and head OF ihe Police
Department in The city of Brooklyn, aud then and
from thenceiorth hitherto, that IS 10 say, for
the space Of three dsys have unawfey held exercised
the said offices of Police Commissioners aud hend OF tho
Police department in ihc city of New York and head c tho
Police pesrtnen II the city Of Rroosy and also OIL the
power and authority which before the pasan of said pro
tended act o he Deilurc Of The Sale Of Now York
conferred by law upon the Board VI Coulss Of po
Ice or The city Il Scw York or uIon the sd Mayor r.
corder and CITY Judge q the city Of Nc,v or upon
rectively the head therein and which relate 70 or
In any way connected with the polca government
police appointments, police discipline within either II
said cites, or within the counties of Kings New YORK
and still do so unswfniy usurp, hold and exercise Tho
said tcveral Offices Of Police Commissioners aud hea 81
police aforesaid and all The power and authority Aforesaid,
in conlenlpt OF hc peop" 81 the state of New York,
and IN violation Of the constitution and Lawn q the
said STATE, and 10 the prejudice Of ihe sad people.
Wherefore the said plaintiffs pray that The said simeon
1rapcr James Bowen, James W Nyc Jacob Cholwc and
james :. T. Siranahan may and show by what
warrant they aud each ri tor claim 10 hold,
10Y the Aforesaid respective Offices OF lce Commissioner
and heads Of Police Department and all any Tart of the
power and authority aforesaid; and the said pantfs Dc.
rnsnd Judgment against The said Simeon nrslrr James
Bowen, James ". Nyc, Jacob Cholwel aud lanes : T.
that hey and zach of them bc ous,ed from thc
said Office, from and al the said power and authority afore
said and every part thereof and that the sd retor be
declared entitled N hold, use, exercise and enjoy al
ue rowers, rights and privileges og Tie sad cfc.s
q foloc Commissioners AMI said Board OF Police
Commissioners, ard head OF tha Polcc department
the city n New York, he d RICH ought a.
have hold, exercise and enjoy The same under the
laws q The State Of New York existing snd In force AZ
The time hrf above mentioned and that tho said def ndant
lsy hc costs Of uis action, and that The sad plaintiff may
have such other or further relief the premises c4h
A. may be granted =. n CUS1IlNNs Aioruey Gcnrcal
Sogc ts. S0ne-tSy ard County Of Nssc FORK es-lcr.
rsndo Nori ue rsaor above named, being duly sworu
says that he now legally and actually the Mayor or Tie
city ct New YORK. and Mat such, BY vrtao q various
sct q The STATE Of New York now and for onc time
pat has been, the head and chief executive of the Tnce