New-York daily tribune., 1857-04-27
THE POLICE CONTEST
NEW INJUNCTION.
WRIT OF QUO wARRANTo.

Powell
as arranged Q; the close Of the argument on Fnds,
evening the ooupsei on both sides attended b~fo,
Judge DaV"-, al 10 O'Clock this morning, for the pv
pose of having the temporary Injunction 90 modified
70 cOnhne rs operson to the City and County of N.-
York. There was very large attendance OF person,
feeling an interest in the development Of this s.,usy.
between the municipality Of the metropolis and IN.
legislature Of the State.
Mr. Eyayts opened the proceedings BY -urve~,,,x
the following as the form IN which the modi6c.sess
should be made:
On hearing counsel for the plaintiff and defendant.
ordered that the motion Of the plaintiff nlunct
in this action in puuance Of the order 20 show cA.
heretofore given herein, be denied except 80 q, :,
relates to the Police OF the City OF New-York and "a
the property of said city connected therewih sra A.
to that the decision of the Court u reserved ani R,
the mean time the pending injunction ~ g. con.
tnued
Mr'O Conor, for the plaintiff, opposed the ncases.
ton of the Injunction in any respect Tie undsrssccd
that his Honor would give them an opportunity this
morning Of seeing how far il was practicable to vor
any modification in the in nixnction, and be Mr
O'Conor on looking over the act was persuaded thai
il WAS impossible deal with II otherwise than s "a
entirety These Commissioners were not to exercise
ony physical functions at all, strictly speaking sy
were only 10 of legislative controlling az.
thoriiy and therefore they could not perform an sd
any of the counties of this great Metropolitan d.
they gave an order il would be general order under
their general authority. The Commissioners were d.
rectcd To disregard county hnes. Altogether the thing
was made so con petely unit that h. thought ".
not at all possible 10 limit this restraint In such away
as to preserve any particular county or precinct from
the effect Of this act. The Court might as well andcr.
take to erjon the Department Of War from detendss
a particular point and 10 say, nevertheless tha.
should be at liberty to defend the whole country eI'
cept that point while the surrender Of that would Be
the surrender Of the whole. His Honor would see, BY
the 4th and 5h sections Of this act that the whole see
ject wac treated thing; and, therefore, II the
act 10 be enoined at all 1t was TO be enoined as
an entirety. In addition 90 that objection 10 modh
ca;ion-whch appeared to him 10 be unanswersble-
there were other objections. The proposition vas 10
save the City Of New-York by means ot an eaceP.
ton. But perhaps he should say nothing IN rrgsd
10 that as the modification of the injunction 4
made would be in conformity with some sugses-
tons which his Honor had reduced TO writing
Himself ard associates were all OF the decided
conviction that il was not possible TO RESTRAIN
the Board Of Commissioners IN reference 10 local
limits Besidc@ he did not understand the motive ct
this oppressive haste. IL seemed 10 be IN harmony
with tie organizing Of the Board two orthree days ago
at the Egyptian 1ombs. Ii was manifest from the
provisions of the act, that no modhcaton OF the in-
junction necessary except for the purpose oil gam
ing some end altogether disconnected from any regard
TO the public interests. Even suppose the Mayor we're
dehroned from his control over the poce, thal iorcs
would continue to perform it, duties under the control
of the Chief of Police. As TO Staten Island, West
chester and Kings Counties nobody would pretend to
say tha; they could suffer any injury by allowing this
affair to remain in its present Poeition Tor mona
The argument was that before allowing these Commss
sioners 10 organize in the Egyptian Tombs, he the
judge might have iuterered by injunction; but thst
not having done So and having allowed them toorgan.
ze, they had, pso tacto, entered ON The exercise ot
their authority. But now they wanted the Court 10 90
further and virtually destroy its own injunction by al
lowing the Commissioners to act outside OF the bound
aries Of New-York City and County As to himself
and associates, they took no interest in the case .;
Kings Counties. Still they did not believe it 70 be
practicable for his Honor to draw up The injunction II
such a way as to except the City of New-York from
the ope Sation Of the law and yet leave II IN frse a.
against fhe remainder Of the district.
Mr.. Edm0nds followed on the same side. lie urged
that the counsel for the Commissioners had shown no
reason why the ucton should not be continued; the
oply basis Of this motion what they regarded ~
oonceeson OF eounsei that the injunction relates only
to property This he denied. He admitted that Il
had been the practice Of courts 10 conine njunctons
to property, but it was only habit Is many cases
show. There reason why any part OF me W.
junction should be modified. When the Gaze vast hrst
preeeted il was distinctly upon the 3lst section 70
prevent this organization which has been authorized
by the Court. They the counsel for plantifil moved
promptly in the matter, because It was expected a.
the Commissioners were at that time taking the oath
of Office in Albany, they would within twenty'iom
hours be prepared to take possession OF the police de-
paitmen whether political power, corporate pn'iege
or corporate property. ,.s
Mr.. Edmonds was proceeding with the history OF
the Injunction when he directed by the Court TO
address himself TO this great question, whether tho
defendants could lay their finger any specific incon
venence 10 result frum delay OF action ia The adJa-
cent counties for few days. He argued that M in
conv, nience could result from letting the matter rest
II the Court granted tho modification proposed The
Commissioners could meet in Brook within an hour
and appoint 200 policemen To swarm over the whole
district including this city; and these would be sure
to come in conflict with what was now the legal force
conflict would thus be inevitable.
Judge Davies interruptingl said ne had been bok-
inc TO what could be Immediately done by ihs
Board in these different counties. lie apprehended
that they could do nothing until the Board OF super
y~ors had net and he thought would BE- better iof
all parties Ia let the matter stand precisely as was
until be should render his decision.
Mr.. OConor remarked that that was precisely
what he wanted.
Mr Field objected TO that, and when the opponu'
nty offered he desired to speak ON that point. :.
Mr Evarts followed the part of the Commission
en-. He said wotld pres mt, very briefly the reasons
for asking this modification. Upon The presep"uon
OF this compainta general junction stayed the enure
proc. eGings of these officers appointed py s.e,
on die ground Of that statutes uncon-u'u.'onay :.
Necessary modification for the purpose oi " nii
the Board was granted, and me oiga'lHu ar Ia"
awaited pa:iepdy the decision OF the Court me OPP
pose counsel seemed 10 concede Una. 'ne P'ops'V
aut st!on alone was within the scope oi tnn
Eut 60 far as respected the action OF the Board aside
''o H., lie property Of NewYork the Mayor Of
NowY VI rad no power 20 interfere. But 1t was said
~ 49, oauld not separate what legal from thai
xb;cb Wa iHegal To this he would snswer-f yoa
oannot frsple an injunction for legal object without
II. reachinc to an iaegal extent, then It must fail
They were called upon to give reasons why an anlsw
ful Injunction should moi be stayed until the awiI
mart Of il could be decided
The Court Interrupted, with suggestions that there
was now no reetrant o. relates the other counties,
and l,opo-ed TO add To the first modification, "snd
from entering upon the duties Of Commissioners OF
Police"