New-York daily tribune., 1857-04-27

~ any means tley got in hey should not do And
whet lad lie Jut,o forbidden Them To 70 He had
trliddcn ther to assume aHy coptr' Cyer The polio
iIcc oi The City and County of hcw-lork; 80 ent'r
iuo take possession of any tclegrophic apparatus
Iu lie police property books records o- accpuaimcnt,
in io,-s,oion of the Police Department oi saii
CITY RIO Cvctco my authority or power over or 10
I,lard tn tie poico &C the said Cily and County ~
N,wYoL or t1 any cf it, Office. record, or p-"pgTy'
But tie .Ju6yr had allowed them q enter on th'r
,Ece Thee Wa not a single word ~ "a" iiJunct'n
10 restrain them .n doing uny thing cl-e except theso
acts
.Judgc Davie. ~ understo"d il.
Mr. OConnr-Therc Is no d.ffcul'y in understand
ins It. ,...,;o,,so so
Mr. O( uLOr--Wc will see. 80
Nj F;,lG n, tbe Court,-He Mr. OCOnor does
rft want ycu 10 say so; that II I'll. d'ihcuItt'
Mr. q GoDor could perfectly wei understand that #
,o, u,ere allowed Ia draw up la" against treason,
he wcId make II strong enough to satisfy any ordinary
c,,,tiny and weak enough to pe,ait hn to escape
whcnevcr he fiji TO commit an act ot treason ~
h. objected 10 letting those gentlemen against whom
that Injunction was isaued dcterinine is terms He
MEYER would allow an offender to dIau ht the law by
which be was 10 be restrained. He would draw it
himself if he could because b. wished t. protect his
rg hts aud if hc were not peraittcd to do 90 in this
csse he would ask the impartial Judge who sat be-
tween them to draw Il ia his Judgment and wisdom,
and riding to his views of the force Of language,
and Of the construction which that language may
ccve when il comes up for investigation before the
been restrained from exercising any control the
police. What was the effect Of that Why, if they
did an act under the Metropolitan bill. Of general
character and according to the license and authority
therein given, that may affect the CITY Of New-fork,
il would be d breach Of this Injunction; and the con-
stqucLce that when they proceeded To- net in refer
crce D. Kircs County Richmond Westchester, they
must care fully cOnsu their orders aud acts so th It
they ha hold up their hands OF the City of Newfork
And Lad not the Court perceived that in order
DuLk hmt 1T Tor contempt, for dsObeyiug his nJunc
ton, they would have but TO come in with an order
and ray, here our order tO the policemen not To
act in the City of New-IOrk," sometaing generally
of that kind. They might ssy they had carefully
framed this order; that they had authorized nobody
to do anything and had -et engine in motion that
could affect the City Of New York, and they could not
be punished for contempt If the Commissioners
could act against the good peope of Westchester,
Kings, or Richmond, for If they acted at all, it
would be agaiut them, not for thcnl why in heavens
name, let them do 70, unless the judiciary should
choOee to prevent them. They wanted license t. 60
and do anything they might please TO do there, tontVm
edleat. But his Honor did not sit here to give them
any Commissioner. He sat here to consider the modi
fcation of an Injunction, and perhaps to adnonish
them 10 be very careful lest under the appearance Of
doing something which they might seem to have a
right TO do they should violate this Injunction This,
the Court would perceive but sensible rational
and perfectly practicable application of the Judges
power in the way of this injunction to the law of the
land. These gentlemen had already had all which
they said they wanted. They said that the law now
restrained them. The Judge had not restrained them.
But, said they, we want you to tell us in so many
words that you have not restrained us, aud Ne want
you to give leave to act in Kings County, notwith-
standing that YOU have only forbidden 10 act i'll the
City Of New York. We want you to draw itup just in
ruch u way. But said Mr.. o ConOr. if you tuck away
the City Of New-Yofk under an exception you will
stutfy yourself you will nulfy your injunction, and
render il Intellectual and void. II is that, and that
alone, which we object to- His learned friend Mr..
Field had asked how loug this state of things Is to
last and had talked about special term not setting
here till June next Now he Mr. o COnorj would tell
his learned friend just how long it would last unless
his Mr.. Fieldsj clients chose to play the game of
evading trial. lie tMr. OCono1 would engage to
file against them, before the went down. wit OF
quo Natyanto. He would engage TO assert nothing
against them rave that they were IN possession oi inc
cfice Of Commissioners. His Honor could hold special
term on Monday morning and he would submit TO his
Honor judgment, 40 matter what that might be. tie
would not ask 10 go to another Judge, but he would
ask the other sde to consent to notice OF tiai on an
appeal to general term, which was to sit next week,
aud the would be found TO be- before ten days, IN
position to 60 to the Court Of Appeals. Every law
yer knows that to be for there is no question o fact
involved. The act Of the Legislature and tine entry
into this ofce were oil the facts which needed to be
pleaded. In the month of June the Court of Appeals
would st ard his Honor might undertake to bay that
case Of such magnitude this involving the inter
ess of this great metropolis, and affecting great con-
stitutional question. would be first 10 be heard.
Mr.. Field-The Court is bound by law to hear it
first.
Judge Davies-Ycs; quo carronto has always the
preference.
Mr. O'ConOr not putting the on its legal
precedence, but the ground of It's importance The
Attorney General was of the counsel in the case,
and would file 9a0 r0rr0ntO immediately if that
were necessary and called for. II plain That II
could be settled before the fh of Julya very impOr
tant day have the police to take Of their merry
Republicans He did not mean political Republicans,
but Democrats Wings, and men of every party.
Mr. Feld-You do moi mean Black Republicans1
Mr.. O'Conor-Well, even Black Republicans. He
had uo doubt that before the 4th of July they would
be enabled to have the case pronounced on in that
great Constitutional Court and so have an end put to
the clamor the plaintiff the false pretences of the
defendants.
Judge Davies made the following order in the case:
II il ordered that the injunction heretofore made IN
this cause is hereby amended, to be read as follows:
In the meantime. and until said motion be decided,
do hereby order restrain aud enjOn the abOvenealed
defendants and each and oil Of them, from entering
upon the duties of the Office of Commissioner of PU-
hce far the said duties relate 10 or effect the City
Of New-lOrk, mentioned in the act entitled IN act
10 establish MetropOitan Police District, ,.Ad pro-
from assuming any control over the police force of the
City ard County of Newly ork. from entering upon or
taking possession of any teegraphic apparatus public
police property, books, records and accOutrements
now in he possession of the Police Department and
power in respect 10 the police Of the City and
County Of New York. any Of It's Offices records.or
property. . -
.4Yya 25 1851. HENRY T. DAVIES.
NEW PROCEEDINGS BY THE ATTORNBY-GENERAL
ABSOLUTE INJUNCTION AGAINST THE COM
MlsSIONERS.
As Mr. OConor, in his argument, had intmated
would be done