New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-23
THE INJUNCTION ON THE FINANCES


THE INJUNCTION ON THE FINANCES.
BROOKLYN SUPREME CoURT-sPEcrAL TrRa-aay q
City Of NewYork.
An injunction order was granted some weeks since
by this Court to restrain the Corporation of the City Of
NewYork from paying out any portion or the whole Of
the sum of $40 900 appropriated by the Corporation Of
New-York for the purpose Of prosecuting any suits
then pending or about to be brought against Simeon
Draper and others, acting Metropolitan Police Com
mssioners TO test the validity Of their acts, or the
oonstitutonality of the law known as the Metopci-
| tan Police Act
Yesterday morning, Richard Bnsteed esq., Corpo~
ration Counsel of New-York City, appeared before
the above Court and made application for msdi6cs
ton Of said Injunction order, that the CorporatOs
Of the City of New-iork might proceed and operate
with full force and power, such as was vested In Other
legislative bodies.
Richard s. Roberts in his complaint ION which the
said injunction granted, sets forth that he resides
in Kings County. and is an owner OF property and Q
taxpayer in the City Of NewYOrk; and alleges that
the law known as the Metropolitan Police law is the
law Of the land. That after the law took effect, and
with view TO obstruct and prevent the exeoutcs
and administration thereof, Fernando Wood com
menced an action in the character Of taxpayer OF
the City of New-York, in the Supreme Court of the
First Judicial District against Simeon Draper and
Others Metropolitan Police Commissioners, and at the
same tine procured an ipjuHtion restraining said
has since been discharged on cause shown.
That the Attorney General of the State on the petit
ton of Fernando Wood, has commenced another ac-
ton in the matter of quo wdrrdaio, IN said court,
against the said persons and procured from said court
an Injunction restraining them from performing their
sand duties under said act and that motion 10 dis
solve said injunction is now pending.
That the prosecution Of said actions IL attended with
large expense in counsel fees and otherwise which has
been and is incurred at the instance Of Wood but
that he is to be reimbursed out Of the City Treasury
That resolution was passed by the Councils OF
NewYork at the instance Of said Wood, and with his
procurement on the 18th Of April 1857, appropnating
$40 600 to prosecute this action and others about 70
be pending. That the resolution and appropriation are
contrary to law and the proceedings Of Wood factons
of evil example, tend to bring the law and exscs.
tive authority into contempt, tend TO the resistance OF
the police laws Of the State, and the disturbance Of
the public peace, and highly injurious TO the city and
the taxpayers Of the county. He files the complain
on his behalf and that of other taxpayers OF the county,
and axis order Of Injunction restraining the Mayor
Aldermen pnd COnmOnalty Of the City Of New'f YORK
from paying the whole any part thereof on account
of part the whole Of any OF the purposes conien'
plated in the resolution
Van Colt & Cady, attorneys for plaintiff, appended
in the affidavit Of Richard 3. Roberts, certifyingw
the truth Of the complaint.
The answer put in by Richard Busted, esq, Cor
poration counsel sets forth that he has no Information
belief that the applicant il taxpayer i the county
Of New-YOrk or owns property subject 10 taAauon'
He admits that the Legislature passed me act IN ques
ton; but that it !. in violation Of the Constitution OF
the Stale He admits the commencement OF the suit
frst spoken Of and the dismissal Of the injunction
Also, that the Att.mey-General Of the State com.
Inenced the action Of quO arroHo, but denies that
Was an the Instance Of Fernando Wood, but
brought BY the Attorney General in his capacity az
aw officer Of the State. and with view 10 test The
copsttutonaliiy OF the law and also that the action
il still pending.
He admits the large expense attending the prosecs
ton Of these suits but denies that the said Wood
poets be paid back rcmunerated out Of the city
reasury. Also denies that Wood procured the pas
age Of the resolution aud also denies that the Coz
roller has paid any sum toward the prosecution OF
these suits. He denies that the appropriation q lle
gal, or was intended for any unlawful purposes also
hat the money was for the private benefit Of WOOD
but TO be used in the prosecution Of official suits
and submitted TO the Court which reserved its deei
sion.