New-York daily tribune., 1857-04-27
par4 thereof until the further order Of this Coar

| N tie vIcnlses. J. 81. hOoSsYELr.
The fuLj"rrd papcrp are copies Of the summons
and con air of The Attorney Gaueral and tn. a.ia
vi Of Mayor p0d, on which the absolute Injunction
Wa issued.
Syr-rne Cclv. Coy-ty ot Ne,-- Y,rI tn. people
C he State 81 NewYck on the relation Of Fernando
WOOD aet Simeon Draper, james Bowen, james w.
Nvr Jacob ChOlwrii aud .jamr. 7. Stranahan To
tie ccf.Gdunts. You are hereby summoned and r.
quifed Ia answer the complaint In this action, cf which
q cory L. herewith served upon you and serve copy
Cf youy answer On me ~ the Office of Theodore
SCewick No. H Wall street in the city 90 NV
Iok within twenty days alter the service hereof,
sXclu-i- Of dsy of such seryicc. ald II You fail
10 tie couplnn, aforesaid. the plaintiff will
alFly 10 the Court for the relief demanded in the
tCnl laint ). B. CUSHING,
At,.rn., C;encrsl Or 'bo People Of TIE state sfS T.
Nor IOrk. April - 1877
same os,. .>cme.-The people Of the State Of New
YCik Plaintiff, ca the relation Of Fernando Wool
Mayorof the City If New-York. by Stephen Is. Cu-h-
ing the AtiC,nc yacnera of said people, complain Of
Simeon Draper, james Bowen. james w. Nye, Jacob
Caldwell BLd james & 7. Suauahan defendants in
this action ana show that al the time Of tbs passage
of a certain pretended act Of the Legislature Of tns
State OF New-iork. entitled An act 70 establish
Metropolitan Police District, and To provide for the
'gOycrrmCut thereof on or about the 10Th day Of
Anil 1851 the Office of Police Commissioners and
member of the Board of Commissioners Of Poics of
the City Of NewfCrk was, and ever since hath been
ard o;i is public civil office of said city the said
Police Commissioners Of right comprising such Board
being three in numberthat Is to say the Mayor, R,
eOrdcr and City Judge Of the said City o. SewYork.
and at the time the office Of Head of the Police
DEPARTMENT Of the City Of New-iork and
since hath been and It'll is public civil Office IN said
city OF right belonging and appertaining to The oice
of Mayor Of said city ard at the time the oce OF
head Of hc Police Department in the City of Brooklyn
was ard since has been and still IL public civil
said City of brooklyn. of right belonging aud
appcrtGinrg 10 the Office OF Mayor Of the sad City
Of Brooklyn and the said plaintiffs further say
that after that time. the 22d day Of April,
tI,. (i,v nd cf Npw- York Simeon
Diaper, James Bowen. James W. Nyc, Jacob Chol-
well and James S T. Sranahan. pretended Board
of Police under said pretended act without any legal
warrant, act grant whatsoever, ntruded into and
usurTed the said several offices of Police Commission
els ard heads of the Police Department III the City of
New-York and head Of the Police Department in the
City of Brooklyn and then and from thcncoorth hish
ero that Is to ssy for the space Of three days have
unlawfuly held and exercised the SAID offices OF Po-
lice Commissioners aud head Of the Police Depart
meL OF the City Of NewYork and head Of the Police
Department of The City of Brooklyn, and also ali the
power and authority which before the passage of said
pretended Of the Legislature Of tho STATE of New
York conferred by Jaw upon the Board Of Com
nissOners of Police Of the City of New. York,
upon the said Mayor Recorder and City Judge Of the
City If New-iork, or upon the Mayors OF the said
Cities of Ncw-York aud Brooklyn respectively, the
head therein. and which relate to or are in any way
connected with the police government, police appoint
ments police discipline within either of said cities
or within the counties Of Kings York, and still
DO so unlawfuiy usurP hold and exercise the said
aforesad and all the power and authority aforesaid,
in contempt Of the people of the State OF Newfork
and in violation Of the Constitution and laws of the
said State aud TO .he prejudice of the said people.
Wherefore the said plaintiffs pray that the said Simeon
Draper James Bowen, james W. Nye, Jacob Chol-
well and james S. T. Strmhhsn may answer and show
by what warrant they and each Of them claim TO hold
use or enjoy the aforesaid respective offices of Police
Commissioners and heads of Police Department, and
all or any part Of the power and authority Aforesaid
md the said plaintiffs demand judgment against the
said Simeon Draper, James Bowen, James w. Nyc,
Jacob Cholwel and james >. 1. Stranahan. that they
and each of them be Ousted fOm the said Office from
and all the said power and authority aforesaid, and
every part thereof and that the said reator be de-
clarcd 10 hold use exercise ana ENJOY al the powers
right and privileges of the said offices Of Police Com
missioners and said Board of POhce Commissioners.
and head Of the Police Department in the City of
New-York he Of right ough: to have, hold exercise
and enjoy the same under the Laws Of the State of
New-I ok cxting and in force at the time first above
mentioned and that the said defendants pay hc costs
Of this action, and that the said plaintiff may have
such other further relief the premises both as
NAV be- granted. S B. CUSHING. Attorney y-tienerdi.
S0mcGgf. SGmc.-CHydn County of Acw- tors, -
-Fernando Wood the relator abcye named, beins
dulv sworn. says that he Is now legally and actually
the Mayor Of the City Of NcwfOrk, and that as such,
bv virtue of varous acts Of the State Of New-iork,
il now and for long time past has been, the head and
chief Executive If the Police Department Of the City
Of New-IOk and such has the possession, custody
M control of q large amount aud number Ot Station
Houses situated in the City Ot New York. telegraph
spparatus accoutrements books and other property,
real and per.onal all Of which is exclusively used for
the usc Of the sad Police Department vi the City of
New-York and also the charge direction and govern
uent Of TIE Police force corps Of tne said Depart
ment, being body Of about twelve hundred men, and
this deponeut further says that he has read the com
paint In this cause and that the facts therein stated
are true of his own knowledge And this deponent
further states that the defendants above named have
proceeded to organize us a Metropolitan Police Com
mission under and by virtue of an uct entitled /" An
"act to establish Metropolitan Police District and
10 provide for the government thereof. passed on
or about the fifteenth day OF April, in the year lSJ';
that this deponent has taken competent cga! advice
in the premises "a he has been able to procure, and
that be advised that the act aforesaid is unconsttu
tona ard wholly yod nnd this deponent further saith
tha he has been instructed by both branches ot tho
Common Council of the City of Sewfork to resist all
action of the said Police Commissioners under the said
net, ard that an ordinance has been duly passed by
the said Common Council to that effect, Of which q
copy is hereto annexed. And this dcponent further
.ays that Unlers the said Metropolitan Police COmmls-
ri, ncrs are enjoped from proceeding under the said
act, and from doing any act to assert any power Or
authority the said police force or the property oi
The said Police Department. the most serious cOnsc-
Ouences NAV TO the peace and tranquility OF the
city and that it is necessary TO the rights of this
deponent, and, above all, to the good order and
government Of the city, that the said Commison,rs be
erjoiued aforesaid until decision can be had in
this suit FTRSASDo WooD.
Sworn before this April %, 1857. j. j. RoosE-
Wit, Justice Of Supreme Court.
-.
ETpES