The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-26
e.ped crnca "a . wysr that You believe t act Is con

capd cnicn lawyer that you believe ,s act Is con
NJ Fssn ~ Mr. OCopul-I defy you 70 state on your
candid eson as lawyer that you believe you have the
yodge Uayss--Corssf wilpssss oondps themselves to
| the argument
| Mr. Esa proceeded 70 arges that the plaintiff had no
right 10 ASK that these defendants shouh be restrained
from acting In Wsstcfester Richmond Kings counties,
and Also that hs Caart had right grant an injunction
which would arect directly the interests OF the people Of
Mr. occpor in closing case on tbe part Of the plain
ut sad that his Honor hac shown very excellent
quality Judgethst he had decided anything,
because he had not yet hsrd all the arguments He, the
Judge, held Court Of Oyer and TernnAr and in this
ae had rot reversed ts order OF the t ny determining
nrr athearing afterwards He {Mr. 0Couor) denied that
anything at all had been conceded bis part,
| claimed by the osher tide n very eStraordnar
that the learned gentlemen should argue n. great length
and with multiplied repehtons that counsel for plaintiff
New York that the plaintiff had ground Of action
excrt as 10 property. They had conceded no such
| thing The injunction which they had applied Tor
tTred solely to the financial relons and public Interests
OF The city Of New York. Not single word had they
said about these other counties. Not ono single kne
word there in the injunction in regard TO them The in
Junction applied for formed roach them
was sheer afterthoughf, late conception, sort Of
Rrasping IN tho death furry despair Of the
for the defendan after the for the plaintiff
had closed their observations IL. tho 10 call on his
honor grant what they pleased 10 call moinca
Of the injunction q attempt by artitce
10 make his honor repea! and render ineceous the In
Junction which ne had granted SO much for all that mat
concessions, which certainly pure Surplus
age. His learned associate Mr. Edmonds) bad been pro-
oeedng argue this matter TO his honor this morning,
-r,errupted him, and said that the only point in this
whole that could possibly demand This kind of in
,erocntory intervention wss the point Of injury that
| might resuit for letting three days elaIse
before he Judge Daves) should decide the case
from his then decting that this act was Constitution
nal He, the Judge, had ssid and counsel acqui-
esced in IL, that not necessary 10 argue any
other than this specific auesnoghether any partcuLr
Inconvenience any Inconvenience likely 10
could possibly result IN tn. administration Of the law,
the preservation Of order, and the protection Of property
s
stand at present during tho short period that may
elIee before the Court decides He Che Judge) had call
ed counsel u lay their finger any specific inconve-
nenoe to result from delay for few days. He asked
them 10 address themselves 10 that specific, intelligent.
simple, plain inquryan inquiry which indeed presents
the only question at all calling for this extraordinary
gent action required from his Honor Had the learned
gentleman Or Fyart) said in the whole Of his
observations single word about ytng that rendered
this desirable in regard 20 the counties Of Kings
Richmond or Wcsches,srS No; he had attempted TO
DO lie had merely gone back the argument present
ed before on this general point that the act was OF
the Igsaturc valid act Of the Loeissture-snd that
any interference with il the part the judiciary was
Illegal He had talked about the desire OF his chents TO
enter on the prompt performance OF their duties but
the inconvenience that were 10 arise from delay of two
three days, counsel had laid his finger on single
Counsel the other side had been unable 10 point
out single disadvantage to arise from it, except far
Il would delay these commissioners In tho enjoyment OF
the emolu,nents and honors Of their Office. Had the
learned gentleman who followed him (sir. Feld) laid his
finger on any specific inconvenience? When be had go,
through of his remarks and the Judge had called his
attention to that specific point, what his repy9 Why
ule argument abstract rights, and about
the desire OF the Commissioners 10 erer on the perform
apce Of their duties, but NO, single, sober,
steady, apprecisble fact. The Court had not asked
counsel to 90 TO work and get proof Of this Iconve
nience lie had not put them to tho pain and
difficulty Of establishing II by legal Affirmative
proofs. Re hsd allowed them % resort 10 their own ina
gnaton say anything that plausible that wonid
lead his Honor 70 suppose, not merely in judicial way.
delay What had ihe Judge done by tho original inunc
ton He had restrained them from entering the duties
Of
The ehect Of that was, among other things ai though
general authorized by the statute He (tne Judgel
closed the power against them by the first injunction and
opened II by the second. He allowed them 70 in and
perform the primary and principal act which In the
FIRST forbidden and they thus by the removal Of
That part Of The Injunction placed All that part Of the in
junction, his Honor had said had further opcraon
and that manfestly the construction OF H.
The Judge had gone into no detail had restrained par
their becoming fully clothed with the Office That first
injunction had been modified 90 allow be
cotLcd-to asamc the priesthood in this temple OF
Justice They had done and there the matter stood
But the injunction had gone further In addition for
bidding them 10 enter the Office the Judge had gone
specify particular things which in that ofcef by any
means they got in-thcy should not do. And what had
the Judge forbidden them do? He had forbidden them
any control the police force OF the city and
county Of New York. Ia enter into take possession OF
Geographic apparatus public police property books
records or ACCOMPLISHMENTS IN possession OF the Police
Department Of said city, any authority or
power in regard TO the police Of the said city and
pTof.y. BIZ, tho Judge had allowed them 10 enter on
their oiice There was not single word In be infInc
ton 20 RESTRAIN them IRON doing anything else except these
acts.
Judge rayics 70 understood 81.
mr. o'Cpnor--Thcrc is difficulty in understanding It,
Mr.. Neld--Then there Is objection to saying So
klr oCcnot--Wc viii 80.
Mr. Held 10 the ComD--nc mir. oConor) docs no,
want you 10 say 20; that Is the dniculy.
Mr. ooonor could perfectly vel understand that n a
traitor allowed W DRAW zip law against treason he
would make II strong snongh 90 s8se any ordinary scru-
tiny and weak enough " permit him escape whenever
h. ut IN commit bct a treason. 70 no objected 10
lciina those gentlemen against whom that injunction
Issued determine ~ terms. He would allow Of
fender " drargi the law BY which he be restrained
lie would draw himself Il he could, because h. wished
10 protect his rights and hc Dot permitted TO do
ilis ease he would impartial Judge who sat
tween ucm - draw II 20 he irdgment aud whdon, and
construction which iha, language may rsreiys when
NJ for lnvostsOn before the tribunal OF last
sort In. Commissioners Then had been restrsncd from
Exercising any control the Jocc What the effect
OF thas Why, II thcy did act unjcr uie Metropolitan
bin q general character, and according 20 u hcer-e
New yofk, ~onh be breach of chs Injunction and the
consequence that when they rrooceded 70 In
ference 20 Kings cputy lichtncnd Wctcheser. they
carefully th.r orders and srts 20 uas
they shall hold Up their hands or the city Of New York
Aud had nos the Ccu perceived that, in order eyade
punishment for ocn,mri, Tor disobeying his INJUNCTION
they would have bat Ia In with order and say
hare was our order 20 the Policemen no, "a In the
atty of New YORK" e. something generally a that knd
They might s9 y had carefully framed this order that
they had authorized nobody 10 do anything, and had get
engine IL motion usai ccud affect The city New York
and they oo-i moi b. ranssned for contempt 81 the
Commissioners could act agsnt the good people West
chesicr kirgs Kchpond (for tboy scicd at ALL II
would he agsiii them, fcs hsIn) Why in hsavens
nrue, iet them DO -, unless TIE Judiciary should choose
70 prevent them They wanted bcense and do any
thing they might please " do there. dn.s oslea pu
bis honor did FL here them any sioner
He sat here 20 cr4e.der the modification Of uiune
ton, and perhaps 60 sdncnish them 10 be WY care
nl lest, under tdc appearance Of doing something
which they might IN have right % do they
should vicsse this Injunction 1fs the Court would per.
oeive, but sensble rational perfectly pracucs
bic application a. thc Judges power IN The way Of this in.
Junction IA uc law ~ The t.n These Gentlemen had al
ready had AL which they sad they wanted. They sid
that the Law allowed uc 10 act In these counties
hes the Judge restrained them. Tie Judge had no,
strained them But, said they, you to tel
so many words that you have restrained W. aud
want you " give - leave ~ act IN Kings county mt
vshstadng thai yo1 hare ony forbidden sct IN the
CITY a Nev YORK We want you 10 draw N ur Just IN
such way Bat, add Mr.. oConor. n you buck away
the city VI Nes sut under exception yon vii