The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-21
supervisor" In the county OF New York. and TO the
Board q Supervisors and Aldermen or the city Of Brsot

supervisor" in the county OF Ne~ York. and to the
Board q Supervisors and Aldermen or the city Of Brsot
!. and county OF Ktpgs respec lively
tons from the taSss has sssn done ATM this De-
fendant has heep Comptroller Of the city Of New York.
which he bs' been for four years and npwrts; ths 1t
would be 10 conduct the Business the finance
departm ent hout such oans in of
theevense and that the money paid into the from
tne and equivae for the proceeds Of the aud that
if the money already borrowed for the police fund IN ad
Of the sxes cannot be discussed for ht purpose
viii lie idle, while the city paying the on the
Loan Already obtAir ed. FIELD StUYTSR,
Attorneys for defend ant Flagg.
Guy and County Of Nev Pork, IS -Azsrah Flagg,
o the Defendants being sworn sa that the foregoing an
true Of his own knowledge, except as to matters
thereu stated TO be his belief and that
az 10 those matters he believes 1t to be true.
A.. F1.iGG
In addition to Mr.. Flaggs answer, his makes the fol-
lowing
The tax levy Of 1857 rs computed at eight millions. In
sn'icparon OF this levy we have borrowed 1--WE mil IONS
equal to &c eiRbths Of the levy Of 1857.
The police fund is entitled re eighth. OF the receipts
into the treasury mt of the levy Of 1857.
The appro orised for the police fund OF 1857 Ia
$S25 00, five eiRhhs of this is n little over 100000
At the close OF April there had been expended Of the
smoupt Of this fund thus brought into the treasury the sum
The Comptroller notified Of the organization Of tho
Metropolitan Police Commh, toner's on the 18th Of April
The Comptroller paid the whole or the old police force,
including the who haa joined the
shout $50 GOO from hi. fnd covering two pays TO the
Com lei ,ners This left In the treasury the arst OF
July available police fund Of SAT- COO When there
fore the Comptroller proposed 10 he Metropolitan
pay tina. rum into the treasury 10 enable them TO
pay the police force under their command and at the
he city treasury pay the and old force
disba.ded by the Mayor on the 81 Of July, there was
made % the new Police ''
The proposition by the Com reiler xasls To pay the
disbanded force The Commissioners assensed to the pro-
position In this fovm though they might have prevented
they bad objected 10 the pay or the old force The
warrants were ACCORDINGLY drawn for 500 600 and for
325 for the Of the first eight wards OF the dis
banded force and both warrants simultaneously pre-
scented to the May or to countersgn
New York O. mnnon Ptsas.-John Fitzpatrick u. Aartdh
Flaoo and Others -Azarah c. Flagg being duly sworu
deposcs and says that the foregoing 10 correct
Sworn to before me, July 20, 1857. a. j. cADT Com.
missioner Of Deeds.
ANSWER OF THE POLICE COMMISSIONERS.
The Police Commissioners, In their answer, say
l. That hey have knowledge information slHi.
cisnt TO form belief whether the plaintiff Ia is not
or Gorpers.or Of .ne Guy OF New orx, or resi-,
xpa residen these defendants deny that this court
has any right to entertain this action, any jurisdiction
the subject thereof over the defendants therein
That the Board OF Police Of the Metropolitan Police
district organized on the 9th day of April 1857 aud
notice of such organization the defea
dan Fagg the 2bth day Of said April by these defen
and and by said notice the said defendant Fagg,
required pay into the treasury, part of the
police fund the sums OF money coec ed and TO be collect
ed for The purposes Of the police Of the city of New York.
and remaining .here unexpended;
g. That the whole tax levy for the city Of New York for
the year 1897 about eight millions OF doar' OF which
sum there has been appropriated by oronsnces Of the
psmsnt for the said year ss2t ooo that the said levy
has been wholly collected, hat against the
usual way and by authority Of the Common Council, and
In anticipation OF such collections, the OF IS 900 0o0
which . appropriassi equally to ali APPROPRIATIONS made
by the Common Council thai the said defendant, Fsgg,
has eeaa esHtsded me sd Police a., ssn o about
eceny drawn for the pay OF the Municipal police bat
thai Including such drafs the Metropolitan Police Fund s
least the Of 5000 and these deendents In
formed and believe at least that II In the City
Treasury, applicable To thai purpose
g. That the defendants Is su ii Beard OF Police Cnm.
did, In tue Latter part OF the year 1857 Appor
zion me sums o. money ssaIse aua needs DC s.%
Brook In the 1857. for the poses OF the act
iablishng Metropolitan Police District and % provide for
the government thereof passed April u.s. 1857 did by
such apportop hx and determine upon the or
81 o1s 035 requisite and needfu TO be raised by the
lice OF appor,onment Board Supervisors in
the county OF New York. and the nt boads Of suporv
cOun respec,veiy, which .pporon men, did not escesi
the necessary TO MAINTAIN police accommodations and
the police force used and employed within the city and
county OF New Yok according 10 the action Of the Bard
OF Supervisors OF said county.
8 That the borrowing In anticipation Of the collections
from the has been Ways done since the defendant
Fase been Comptroller Of the city and county OF
New York, which has been for four and upwards
that would be impossible to conduct the business OF tue
depar imens without recourse loans,
iicipanon Of the revenues and that the money paid into
the treasury from such loans and has always becu
garded the sub tue and equiv for the OF
the tnce and the deb, thus ed made Charge upon
the taxes and that the already borrowed for the
for that purpose will liz ile while tho cy paying tho
Interest on the loan already sbtaioed -
FIELD sLUYTER,
Attorneys for defendants Draper and others
Guy and County # Neno Fork, n-Jsmes b Sen, one OF
ihs above named defendants says that the fegosg M
aver true OF bis koo sledge, except ~ TO those mat
which therein stated TO tue Information aut
belief Of the said Defendants and that as 70 those matters
sworn, july 20 1851, before me- II. n Joss, Com.
mi, soner or Deeds.
Mr. Jepnipss opened bis argument by reading the 27h
section Of the Metropolitan Police act; and the plaintiffs
complain, being taken read said that he appesrea
sst the illegal attempt OF In high office TO violate the
drs.nsor the G. n,psnt alleged an ibs moneys col
ced for 1856 had been pended aud for the year 1857
moneys have been collected nor will be until tbs mid
die Of seember That the said section provides for the
pay ment Of money account Of The Police Fund, only
when cslecied that the statement or defendant fiags
that anticipation OF - 900 900 I, be collected IS 600
bad upon bonds aed that the 20
lice Fund entitled 70 eighth OF H. and that
ana os,ess 20 deceive ss sss, ps Of 4.
complaint which alleges funds In the Cry Treasury
nc, only tue but that the treasury actually overdra~n
10 the extent OF $500 000 that art OF the s. 00
600 borrowed has been placed the credit OF the Police
Fund specially, but .s placed in general
II h the dcere and OF Comptroller Flag, without
authori of law therefor, 20 extract $500 900 rim
baused treasury and place the In the hands NJ tho
treasurer OF the Bard Of Police Commissioners. II the
fsc,l agents Of the city win forget their duty-w
FAR disregard their oath Of Office, and the int
reek OF lhcsc whom IL Ia their duty 70 protect
II becomes the peculiar duty Of We ooura W protect
the interests OF the mrpsyers and 70 restrain those
hsca agents, by injunction, from uniawfuy dsporins
Of usng ctv funds IL, perhaps, 70 bc regretted that
the necessity exists for 70 compel these Officials folio
the plain path Of duty this manner but their vii
hnepeer and evident dcsre accommodate the Board OF
Police Commissioner with 900 without, the
suthory Of the sw therefor makes u incu nbcnt upon
ek relief applied for In this complaint, and
the defendants be restrained Ia the meantime
Mr. Field addressed the Court behalf OF the defend
ants, and submitted the following points
POINTS FOR THg DEFENDANTS.
F1rst-Ths court has Jurisdiction becsusea taxpayer
hetc IN of act nv