The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-22

III
valid and con without that p,loe the city
would be unpro eced-hat the men em 'loy~a thereon
are, many Of them II not all dep. ndent CD their psv 70.
copcIUse that the evils you'd follow from granting
the inu potion wud be much greater thsa those wh,ca
fought 70 be prevented oy invok ns tss sa ., M
upon which the PLAINTIFFS mo.ioa might hs
granted, yet J I'm not satisfied tat even
u the taxpayers them selves, the evils WHICH woNd
follow from ao~ing the injunction would not be fa great
Than could be sustained by he pay ment
It involved the lose OF all ths interest thereon the
Court bias always to exercise discretion In granting Or
that discretion should be 80 exercised that writ which,
under proper circu tance~ 10 q rsmedal measure Of
allowed for the protection OF the CITIZEN be turnsd ato
engine OF oppression and wrong not for every udiug
injury trivial departure from the provisons OF a~ that
medy by Injunction 'houd be resorted TO- and where
the use Of wit will greater public injury than
any follow frtm the sought TO be ruined
have hesitation In saving that ought not 70 be allow
ed Jh remedy by junction has already been extended
much further than IN judg ment desirable under tne
provsons Of The Code auo do not think the public inter.
ests viii be promoted b. ext neng II 70 every
violation Of law without ID to the consequences WHOM
would flow from it, allowance. The Aetropoh Police
law has been sustained by the courts tina necessity OF
syns moe .Do are MP @ ns or.nce o. ,oe quo
ployed and their families, but also for is efficiency, and
although from defect In the provsons OF he statute the
It'll there is no sucient reason Why the process II nuuc
ion should be reerted 10 for the prevention Of s
shich the public officers In whom the authority Is vested
eoecnon Of The tax si.noai iS.y 70 tbs pabc ins-esss
me result to which have arrived upon the examination
Of the merits Of this mott IN, renders unnecessary for
10 express opinion upon the question Of urisdic
don raised by the defendants COUNSEL ~ill, no ever
add that In Judgment the Corporation Of the city should
have been made party when the object Is 70 control
their sgs b In the disposition Of money solely under the
control of that body. The motion for continuance Of the
Injunction be denied and the temporary injunction
be dissolved.
The Metropolitan Police Commissioners.
THE RECEPTION OF COMMISSIONERS DsAPER's REsIG
NATIOE-SCENBS AND INCIDENTS IN AND AsOur
80 WHITE sTRBET-THE TKLEGRAPH wIRBs, ETC.
An unusually large number of persons assembled about
SO White street during the forenoon yestesday being
generally understood that number of examinations and
appointments would be made during the day. Al ten
O'Clock not less than Eve six hundred people were
congregatcd In and about the vicinity, all auxiousy walt
ing 10 hear their called but al In tais they
doomed to disappointment, for up TO twelve O'Clock
Of the Board had convened and but three Com
viz Meesrs Bowen Nye and Strapahan could
be found. These soon after ten O'Clock closeted
in their room from the crowd itside,
whose opportunities and clamors for appointment
for either themselves or their friends daily
grow more and ro1blecome TO the Com
mission, and at present comes very little, II any,
short OF the clsmorous rquabbe for office during the
pamiest days OF the old commission in 1855 Nor is Il
strange since person 10 be appointed or gain the a.
Of either Of the Commissioners Is compelled TO
muster all the outside political force he can possibly rake
II is even broadly asserted about ss White street that
there certain political favores driving brisk trade
in the commission way, &c, by soliciting appointments
from the Commission al much per head 70 be psd BY
the appoptee of his salary after his appointment,
some even charging Is high, in an Indirect manner, -
The three Commissioners above named having closeted
themselves n the ron Of the second floor
had
their notice. the most important Of which the
murder Of policeman Anderson, of the Fourteenth
~ 'us s BY the :s:
their regard for his fidelity, and sympathies with
the fsmly In their bereavement, In q suitable and
manner alss, for the board 4, attend his
fuperal . body. with their respective clerks.
While this subject was being discussed. the following
correspondence handel TO Mr. 30 by the ssen
ger, Who bad received from the postmAn the moment
Mr. DIAPERS Iy1rEE
ha. mis- ,pp,sh.n.,oa eIis.
s wns .S.
bali, VIZ Ny redgnau N, ~ one Of this Board Of Police
has been forwarded 70 the Governor Respectfully yoar
10 Tnr BOARD or PorIcy.
GOV. krSe's Aoc Nrx sa., Univ n 1877
nnAs snI beg leave e The rsss,U q your
Of Police. which ia hereby accepted Very
SIMEON DRAPER. ESQ.
The above letter Of Mr. Draper being the nrt ocal in
mAsion the Board had received from him OF his resgna
tiop little excitement manifested the par Of the
members present when II read. They all conceded
that they bad, from all the public reports,
suspected that Mr., Draper had sent . note
TO the Governor rendering his resignation OF the
Commission but then they had idea that done In
earnest and 30, that the Governor would accept IT,
, psq mule Al Something IN. md
between them In he Board but had idea hat Mr. ORA
per meant be In earnest about It, and thought that
he had had time to consic the subject he would
his determination 70 YepiRn back the
Board sgain Therefore, when his letter received
and read, the feeling Il dlsappontment and chagrn
the part Of Mesrs Bowen Nye and StranahAn may we'll
be conceived Mr. Bowen, who had been long and IA
niarly acquan ed with Mr. Draper did not serstand
Commission ths, should have deermined M Draper in
ruch . singular course and what puzzled him
more than all else was the fact that Mr.. Drs.
which he felt the Board least act OF cour.
tcsy the part OF Mr.. Draper Hc would ri all events
cali on him personally aud sec him about the matter.
General NyE took the matter rather phosophoay,
and thought II Mr. Draper had IL 10 get offended al
anything which had ranspred In the Board his
ousne;s and he or one should pay DO further attention
had n 70 WITHDRAW h services from the Board par
tculary a this time when his advice and counsel we're
could not call mind any thing which had pred In
the Board which Of sufficient importance In his csu-
nation 70 cause 90 singular step on The part o. the Presi
In any way 70 blan g. which had determined Mr. Ora
psr 10 take the s he ,ecdney sorry, and would
geniy make any apoloTy mai mifnt DC neccssery
10 eeabsh good feeling between himself and
Mr.. Draper between the Board and him. aud as Mr..
Draper had seen OF 70 resign, and that resignation had
been accepted by the Governor became the duty Of the
Com missouers 70 act accordingly, and proceed 70 n the
vacancy In order thai their business might 20 usual
and neP dice Department be filled up BE therefore WAS
In favor Of proceeding Immediately 70 Oil The vacancy
oordipg 70 law.
Mr. suannahan thought II could MOI be possible that Mr.
Draper had resigned In consequence Of any little misun
Demanding which they had had go he exceedingly
sorry, and would do anything In his p,wer that
sonabe honorable or just In order 70 bring around good
stale OF feeling once more True heehad taken action
towards re-organirn the Brooklyn police ye he did
not think the neceay OF the case urgently demanded
the present. but then he did think that Mr. Draper
could possibly have taken exception 10, and resigned In
consequence OF that; for he did nos remember
OF ever hearing the matter seriously talked
bet ,hcm and ~ for appointing any Of the old
police, who incompetent In any way 10 per-
form duty under the Board, he for much
opposed 70 II ~ Mr.. Draper He could see Why
Mr. Draper had taken the sudden resolve upon himself 10
resign his position Commissioner and President Of
the Board; bat since he had done So he thought u was
the duty Of the Board TO proceed at once and al the
H. 1917 80 -.