The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-26

nM&ute Injunction issued on Complaint OF
the Mtorwy General


Ars 2- As arranged at The close Of The argument OH
UsaaAy evening, the counsel both sides attended
oeGsre Judge Davies, at 10 O'Clock this morning for
- purpose Of having the temporary injunction so
HsdA&ed 70 confine It's operation 10 the city ant.
ssuny ri New York. There very large attend
" persons, feeling interest IN the DEVELOPMENT Oh
- struggle between the homeopathic of The metropolis
andshe Legislature Of the State.
n Evarts opened the proceedings by suggesting the
Mu0wing the form which tbe modification should DO
nade-
On hearing counsel for the plaintiff and defendants,
06sfed that the motion al the plaintiff injunction in
eeacon pursuance Of the order TO show cause
Age given herein, he denied except far relates N tho
Dcc Of the city OF New York. the property OF said
sAy connected herewith and 70 that the decision OF the
esurt IS reserved, and in the meantime the pending
Mr. Ooouor for the plaintiff opposed The modification of
khe injunction IN any respect He understood tina, hts
ssrnr how far il was pracrcsSs to work any sodsc,,on
n NE njanctiou, and he Ar. OConor) looking over
- act persuaded that impossible TO deal with
osherwise than entirety These Commissioners were
- TO exercise any physical functions at ALL strictly speak
Sg They were only 70 exert sort q legislative control
- authority, and therefore they could perform an
- IN any Of the counties Of this great Metropolitan
Alsuhct which might not in way afest this city
uihey gave an order woud be "A general order under
She4r general authority The Commissioners were di
yc<ted 10 disregard county hines. Altogether the thing
made completely unit that he thought IT not
~ AL possible 70 limit this restraint In such
pveserye any particular county precinct from the
n his act The Court might well undertake epioin
NE Department OF War from defending particular point
asd say, nevertheless that should be liberty 70 de-
nd the whole country except that point while the
render OF that would be the surrender Of the whole HIS
amor would zee, by the 4tb and 9Th sections of th,
nat The Whole subject was treated thing; and
0erfore If the act were TO be cnloinod al all IL IN be
ontcned entirety, In addition that objection 10
Standardization appeared 10 him be
-shere were other Objections. The proposition was 10
ve the city OF New York by means Of an exceu,ion
rhatts he in yard tba
ne modification of the injunction, II made, would be
" conformity with some suggestions which his Honor
hSd reduced 10 writing. Himself and associates
81 the decided conviction that it was not possible 10
sran the Board OF Commissioners In reference 10 local
nAats Besides, ho did not understand the motive OF this
oppressive haste II seemed 70 be in harmony with the
organizing OF the Board three days ago at the
1k,paan Tombs. 1t manifest from the provisions of
the act, that no modification of the injunction
say, except for the purpose Of gaining alto
ssser disconnected from any regard 10 the public
u tcnrof 6vor The police thai force would contnoe 20
pform IL duties under the control OF the Chief Of Police
A. TO Staten Iland wesHhcser and Kings counties NO
body would pretend TO say that they could suffer any
ty by allowing this affair remain present po-
200 FOR month The argument that before allowing
shc commissioners 70 organize in the Egyptian Tombs he
hc Judgc) might have inerered by injunction; but that
no having done 20, and having allowed them organize
Thy had e oo entered on the exercise Of their suthor
w. But they wanted the Court 10 10 further, virtu
ally destroy lis injunction By allowing the Cotnuis
10 outside Of the boundaries OF New York city
and county. "A ~ bis himself and associates they took
interest In the counsel for tho people of West
sls- ter Richmond and Kings counties. Sll they did
beneyc il 20 be- practicable for his Honor 10 draw up the
injunction In such way TO except the city OF New York
from the operation Of the law and yet leave Ia force
against the remainder OF the district
Mr.. Fdmonds followed the side H. urged that
m counsel for the Commissioners had shown reason
Why the injunction should be continued the only basis
81 counsel that the Injunction relates only 20 property.
rhs he denied He admitted that Il had been The pFac
se Of courts 10 oon1oe njncons 10 property, but
was only a habit as many cases show. There
why any part 81 be injunction should he modified
When the ease WAS trst presented distinctly upon
he 3lst section 10 prevent this organization, which 'has
been authorized by the Court They he counsl for plain
al moved promptly in the matter, because IL OK.
peste as The Commissioners were at thai time taking The
ssAh Of Office in Albany, they would within twenty four
hours b. prepared 10 take possession &C the police depart
nsnt whether political power corporate privilege OF
Mr.. Edmopds vas proceeding with the history of The
injunction, whom he directed by Tho Court ~ address
himself TO this great question, whether the defendant.
could lay their finger any specific Inconvenience re-
sun from delay Of action in the adjacent counties for
lev days He argued that no Inconvenience could
from leng the matter rest II the Court granted the
dDcation proposed the Commissioners could meet Ia
Brooklyn within an boar, and spro twelve hundred 20
hcemsn ~ swarm over ue whole district including tis
city; and these would be 10 IN conflict with
VIA; was nov uo legal force conflict would thu b.
nryitabls
Nee what could be Immediately done by This lbard n these
Gherent counties. He apprehcndod thai they could do
nuAaing until tho Board Of Supervisors had mt, and h.
ccueh would be better for all parties Tie matter
aAnd pccsey ~ was rntl he should rcnieT his dec
Mr.. oConor remarked ttsi that precisely what h.
wanted.
NJ. Field objected that when The opportunity o.
efed be desired TO sI-ssk on that point
Mr.. warts followed on the part of the Commission
lie sa,d be would present. very br,cay, tho rea.
seus for asking this modification f'pon tho prcenua
Ion a this complaint general injunction stayed the en-
tire proceedings of these officers APPOINTED by s,sl.e on
The ground Of that statutes unoonstitutousliy ncces
~as graued and the organized Board awaited patenty
VI decision o The Court The oppose counsel recrnod "
sce q III nnction hut 20 far as rered d. s,ac
NE Beard aside from The Police property Of New York
.e Mayor Of New YORK had no power rghi 70 .Gerf
Bat said that they could separate What was 10
raj fronlha which Illegal 10 this he would an er
AZ you cannot franc injunction for legal object with
eut Us Preaching 10 An Illegal extnn,, uen f.
Tncy were called uon give rca ons why an unlsv lu
inunction should moi be stayed Will The lawful pam us
ecuh be decided.
The Court Interrupted with suggestions thai u,erc wa.
upv restraint relates 20 the ssher oo1niia and pro
rscd TO add to The frr modification, and from eoeing
arm the duties of Commissioner OF Police "
To this Mr. 0ccnor sirenucusy cb,e,sed and ser -sne
discussion, Mr.. warts proceeded with his argument e
Nprson tia, should 30, BE- larger than the rights 81
he plaintiff and The evils he complains ~. II plain
Mat Il there were a rgh W impugn and arrest law,
ss,e WA 30 RICH, Of u panua 10 srreti where Il DID
iry interfere with him. hut sad INA, the Coart
could separate The loyal part " the injunction from the
Y~ral " tbs wss use whole injunction would fan "a
10 u,e Of private contract The Court sees that u
illegal, and yet they met with argument Ct
pSsce and told that no harm could arise from keeping the
positive right thcir side tbe- not 70 - driv,n
Ne question a convenience.
Mr. r,d followed the same side Nohoiy eaid
there was a rariclc 81 right ~ RESTRAIN those Onunia
sSoners from acting Isrs Of the crrnry octlde Of
New York. Tie uiunctiou should Dot he permitted
Tor a the other Counties was not ekcd
~ favor but demanded y right he alluded " tie
singular anomaly Of counsel APPLYING 10 tnp The operation
~a hv which they confessed tbcr dld ns endc1n nnd
Sodge Edmopds dened having made any such sdnis
ct0n.
Nv. reid proceeded Mayor Wood, neither Is sayvr
nov az tax payer Of Now York had right 70 inter
with The authorities OF Rookiyn. me safety Of the
nnarane 81 all these three counties On our bvrders, d.
Yesced upon the police whue Management bad ben ep
S,asfed by law 70 tbesc Com mIssoncrs
fnsy might tust wei sst Cor nlnDslon 70 pyvTens
oe secretary o. Ws from carrying any Of his duties
prcsnsc IN some way, he Infringing uToo ue right
EftAts cfhssn ns 70 ask fof irjuDcton W cytnd
v~ meee hyee counties The compliant Of the Mayor
~ tcrt They could hot have Judgment In The case
~ snse ~ seast es would not be decided In the Court
Apyeas bs<ese Otobcf nd they seriously propose
Scmsntsssooers ebcuh be restrained uDtil next au.
ca ne cctnpssips " Mayor WOOD from psrforms
NfW dulles her nf.c.o