New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-21
THE PAYMENT OF THE POLICE.

ARGUMENT ON THE INJUNC1ION.
During last week Judge Ingraham, of the Court Of
Common Pleas, was applied to for an Injunction re-
training Azarah c. Flagg, Fernando Wood, David
Il. Valentine, A. V. Stout, the Controller, Mayor,
Clerk of the Common Council and Chamberlain of
bis city, and Simeon Draper, Jacob Cholwel, James
w. Nye. James Bowen, James s. Il. Stranahsn, 'he
Police Commissioners of the Metropolitan Police Dis
ict, from drawing approving countersignng, or pay.
ing any moneys of the police fund of this city to any
State officers for the purpose of paying the Meropoi-
tan Police of this city.
The suit was brought at the instance of John Fitz
patrick, in his right as resident and taxpayer, both
Of which he alleged he was. A temporary injunction
as granted and the defendants ordered to show
cause yesterday morning why the injunction should not
be made permanent.
At 10 o'clock Judge Ingraham took his seat in
Chambers MIR. Il. jennings jr., and Peter Y. Cutler
appeared in behalf Of Mr. Fitzpatrick. MIR. Flagg
sId the Police Commissioners were represented by
David Dudley Field and WIN. Curtis NOyes.
MI Jennings moved the cause. lie read the
complaint upon which the Junction was grsnted-a
COPY of which was published 10 The TRIBUNE OF last
week.
Mir. Field then read
MR.. FLAGG's ANSWER.
John Fitzpatrick agt. Fernando Wood ct ai.0Aza'
riah G. Flagg, Controller OF the City OF NeW-Iork,
answers to the complaint
F;rst That this defendant has no knowledge or in
formation sufficient to form belief whether the plain
tiff is or lot taxpayer or corporaor OF tne C Of
NewYOrk or resident therein but whether he Is or Is
not such corpOratO taxpayer or RESIDENT this defend
ant denies that this Court has any night to entertain this
action Or any jurisdiction the subject thereof or
over this defendant therein.
District was organized the I'D day Of April, 1857,
and that this defendant was on the 18th day Of the
said April served with notice from the said Board OF
Police that they had so organized, and requiring nun
..-to tbaS tafaf a. n
fund the of money collected aud to be collected
and lot expended for the purposes OF Police OF the
City of New-YOrk, .,.
third: That the whole tax levy for the City Of
New.York for the year 1857 is about s. 0O0, OOO Of
which sum there has been appropriated ny ORDINANCE
Of the Common Council Of the said city for the use OF
the Police department for the said year, $S2o, wv;
tta the said levy has not YET been collected rom the
PENDANT has borrowed in the usual way and by the
authority of the Common Council, and in anticipation
of such collections, the sum Of g. 600 which Is
applicable equally to all the appropriations made by
the Common Council; that he has already expended
of the said police fund about 1882, OOO not including
four drafts amounting in all to about so O0o recently
drawn for pay Of the Municipal Police, but that incud'
ng such drafts the Metropolitan Police Fund Is entI-
tied out of the money bono1 we'd as aforesaid to at
least the OF 100000 and at least that Sum Is now
in the City Treasury applicable TO that purpose.
Fourfh: That the Board OF Police for the Metro
politan Police District Of the State OF New-fork did,
H.
the sum of morey requisite and needful to be raised
by the City and c. uny Of NewYork, and by the City
OF Brooklyn tor year for the purposes OF the act
TO e-tabish Metropolitan Police District and to pro-
vice tor the government thereof passed April H. 1897
and did by such apportionment Tx and determine upon
the sum Of O7SO35, requisite and needful to be
raised by the City AID County Of New York ana dd,
as this defendant is Informed and believes totn~'h
give notice Of such the Board super
Sisors in the County Of New-York, and to the joint
Board Of Supervisors and Aldermen Of the City Of
Bict klyn and County Of Kings, respectively.
FIFTH: That the borrowing in anticipation Of the
collection from the taxes has been always done since
the defendant has been Controller Of the City OF New
York which he has been for four years and upws.u,
that would be impossible to conduct the business
Of the Finance Department without recourse 70 sssa
loans in anticipation Of the revenue, and una. .a
money paid into the Treasury from such osnS ~
has Away been regarded a. the substi :us st IL
sient for the proceeds Of the sxes. ana ~ !. ~.
money already borrowed for the police 'nS ~ ~.
] ysnce Of the taxes cannot be dssas'e~ ""