New-York daily tribune., 1857-04-23
THE NEW POLICE COMMISSION
MAYOR WOOD REBELS.
HE GETS OUT AN INJUNCTION.
NEW BOARD ORGANIZED.
THE MAYOR AND THE CAPTAINS.
INJUNCTION UPON THE POLICE CoNMIs-


ChofssI, James Bowen James 3 7. siraHshaH and sam
uel ;. Powell
Last evening Judge Davies, upon the application o'
Mayor Wood, granted an injunction restraining the
new Police Commissioners from exercising the func-
tions of the Office into which they have just been
sworn until Saturday next at II O'Clock and an order
to showcause why i; should continue in accordance
with the prayer Of the complaint. Mayor Woods
counsel are Judge Edmonds, Chas o Conor aud Theo.
Sedgwck; Brown, Hall & vanderpoel appear as at
torneys for the defendants. The following are copies
Of the injunction, the undertaking thereon and the
complaint IsJUScTIos.
Application having been made to the undersigned,
a Justice ofthe Supreme Court, by tie above-nameo
plaintiff on a complaint and affidavit for an inlunc-
iion against the above-named defendants restraining
them az in -aid complaint mentioned.
| do order and direct that the SAID defendants 40
show cause before me- the 2Jth day Of April neit,
at IL a. m., why injunction should not be granted
according TO the prayer OF the said complaint
In the time, and until said motion be decided,
/ do hereby order restrain and enloln the above
named defendants and each and all Of them, from en-
teinc upon the duties Of the Office of Commissioners
ef Police as mentioned in the ect entitled " An act
" 10 establish Metropolitan Police District, and TO
provide for the government thereof" passed April
-. 1867, from forming any board of Police, from
,umng any control the police force of the City
and Comfy Of New-iork, from entering upon or TAX
ing possession Of any telegraph apparatus, public
proptrty book records and accoutrements in the
possesson OF the Police Department of said city and
county, or from exercising any authority or power
over or in respect TO the police of the City and County
of New-York any of its Offices, records property.
AMI q, 1857. (Signed) HENRY L. DAVIES.
UNDERTAKING on INJUSCTIos.
Whereas the above-named plaintiff applied TO the
Hon. Henry +. Davies, Justice of the Supreme
Court for IN Injunction in the above-entitled suit
against the defendants restraining them az in the COM
plant in said sut and In sad order Oi injunction ~
mentioned and ret forth;
Now therefore in consideration thereof l. Fernando
Wood the above named plaintiff of the City of New
York do undertake that will pay TO the above named
defendants such damages, not exceeding SU,OOO, as
thev NAV sustain by Of the said injunction, II
tLeCouit shall finally decide that de said plaintiff
not entitled thereto.
In witness whereof, have hereto set my hand this
oIst day of April 1857. FERNANDO WOOD.
In the presence of j. W. Edmonds.
C, and Cov,tv Of Ne,- York .-Fernando Wood said
Ghy y osa dpr % ssy. that he is househodc and free
holder in ;S city and w. the ' FERsSpo s9rS Woob zoo
'"O'N ~ henry Z. DAVIES.
2t dsy Of april le57 Fernando Wood well kno.n per-
onay appeared before duly tina: he
sed the oeS, fGasd ' ENRY e. pAEs
C1vond Couniy of Ner- York ss.-Fernandc Wood.
plaintiff in this suit, complains of James w. Nye,
Simeon Draper, Jacob Cholwel, James Bowen and
-. i.
PENDANTS in this uit.
|. For that the said plaintiff 10 now the Mayor Of
the City OF New-iork he having been duly elected
to said Office and having duly qualified and entered
upon the discharge Of the said office prior TO the pass'
are Of the act of the Legislature hereinafter men,
toned and is corporator and taxpayer ia said city
y That by virtue of said Office he i. by law the
head of the Police of the City and Comfy of New
and is clothed BY the Constitution and laws OF this
Stat. and the Charter OF ead city, with the power
directing, governing and controlling the police Of said
city ana county.
The Board of Police Commissioners. and Chairman oi
said Board established under and by virtue Of AIT
q; the legislature entitled act in relation 10 the
Police Department oi the City and County of New
York passed April l3, lSt| and rs such Is clothed
with the power Of trying the oiiiccr- policemen and
doo.mcu ci said Police department, and Of appointing
And be is also under ne ordinance. Of said city,
co,hed aud vested with the power to prescribe rules
and regulations for the government oi the police OF
said city and county.
3 That a. the said plaintiff i, informed and be.
cves at the time of the adoption of the present Con
stuton of this State in 1917, the police establishment
and power in the City and County OF heW.1oik were
by law local matter confined and vested in the ter
litorial limits OF the City and County Of New-fdk, 30
far as It's appointments 10 and removals from Office,
and its compensation and specific duties were con-
ceIned. And all ofcer connected with SAID police IN
snid CITY and county either county officers
CITY ofcer and not State district officers or other
officers whose election or appointment was net pro-
,ided for by said Constitution.
And that the same 30 continued, and was local
matter a. aforesaid until the passage OF the at here
after mentioned. .
/. That bv section of Article 10 of the Constitu.
ton Of this State it is provided that all county Off
Gers whose election appointment Is not provided
for bv said Constitution, shall be elected by the ele
tors Of the respective counties or appointed by the
Boards of Supervisors. other county authorities
The Legislature shall direct. And that all city Off
cen, whose election or appointment Is not provided
for by said Constitution, sall be elected by the cleo
tors Of such cities or 81 some u'rlon lheeoi or ap-
ponted by such authorities thereof a. The Legislature
Shall ssnate t9T that purpose.
: Tb, naiutir avers aud charges that, pursuant to
th nractce preyaing at and long prior To the adop
ton Of said Constitution III 1871 any c"nnssonersor
officers then existing, or thereafter 20 De creaed or
appointed who weTe 10 be vested OF charged win ue
iaer n, appontng 10 removing from Office any OF
the Police OF the CITY aud County OF New York and
of REGULATING aud governing said Police IN said city
and county were necessarily under me sda pro'isono OF
the n-tiiuiion either conniy OF ei' oncel au not
otherwise and 10 derive their office nom an electl-n
or an an,ointmcnf a, aforementioned, and NOT other
i. TIL. plaintiff further shows that The legislature
-. ,be sat- ,f N.w-lOTk. III violation oi sald pro
visions of the Constitution "i . Sae, D! sn act en-
filled An ac: 10 establish Metropolitan Pohce Dis
N,;, and tn proVide for the government thereof
na>.ra April - 1856. copy WHEREOF l. To this com
paipt annexed have authorized me appointment by
ihc Coyruor. with the consent OF he Senate Of seven
Ccnmisones of Police TeC Sia W. hr fIeI nn, psrr,
irI lard to consist of the counties of New
Yo1t KIN. Westche ,ter and Richmond. and by said
act haN, conferred upon said Commissioners all the
owers over and duties u resPec' 10 ne roce III the
,'i,,, ,,, Comfy of New-York. now and heretofore
,o,,,,,'d and ;.xenised by the local authorities OF
iai c,,, ,nS cornty: aud 10y ,ad aet have provided
that Hicrty OF said Cealni'sioners 'hall be resi-
dent, of >ad city oil New-i"TA ana tat inc greater
pocr srr :" called in .ad act; shall be borne and paid
by the City of New-io ORR. - -,