The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-23
MORNING EDTTION-SATURDAY, MAY 3d. 1857.
The Brooklyn injunction Against New York.
SUPREME COURT, KINGS COUNTY, SPECIAL TERM

The Brooklyn injunction Against New York.
SUPREME COURT, KINGS COUNTY, SPECIAL TERM.
ZEE METROPOLITAN PouCs mII-AY1IcAroH TO MODIFY THE
INJUNCTION REsTRAISING CORPORATION or NEW YORK
IRON PAYING THAT $40, 000-RClARD 3 RoRKRH AaAISsr
rHH MAYOR, ALDERAEN AND ooMAoNAITy or uis CRY on
YORK.
Before Judge B,rdseye.
Richard Bisteed, ESQ Corporation Counsel OF New
York. appeared before the yesterday morning in
the application made TO render the injunction re
srainipg Corporation Of the city Of New York from
paying out any portion of the Of thousand dol
which resolved to be appropriated towards pay
ing expenses OF the suits against the Metropolitan po
lice Con mssioners, perpetual.
Mr. Busted moved that the injunction be modified
10 leave the Corporation Of New York at liberty 70 apply
much Of the money they might find necessary to OBJ
tain legal opinions AFFECTING the consuonay Of the laws
passed by the legislature which related to the city Of
New York.
The following Is the complaint and
Richard s Roberts d9airs; the Mayor Aldermen and
Cbmnonaky Of TIE Oty @ Neao York.-The paintif shows
the Court that he resides In Kings county, and that he
real estate in the city and county of New York which
tate years last past and has paid thereon up
this date That tho Legislature Of tho State OF New
York the last session thereof passed an act entitled
Gan act 10 establish Metropolitan Police district and TO
provide for the government hereof which the plaintiff
advised believes and charges the Of tho land
lnIOTm0u D6hcVeS
act took effect, and with view to obstruct and prevent
the execution and administration thereof Fernando Wood,
the May Of the city Of New York; commenced an action
In the character Of tax payer Of said city In the Supreme
Court Of the First Judicial district against Simeon Draper
James Bowen, James W. Nye, Jacob Choweu and James
Sranahan the persons comprising the Board of Police
Commissioners appointed by the Governor by and with
the adv ice and consent Of the Senate Of the State
of New York, under and pursuant 70 said act,
perform the administrative duties in said act prescribed
to said Board, and at the imo procured njunc
said action restraining the Board from performing
the said duties which Injunction the plaintiff has been
informed and believes, has since been dissolved upon
shown. That ~ the plaintiff has been informed
and believes w. eha;ess inc attorney General o. the
the said Fernando Wood, has commenced another action
In the nature OF quo drrdo in the said court and dis
tric against the said persons appointed Beard Of
Police Commissioners under and pursuant TO said act
and procured from said court In sad action another in
against the SAID persons composing SAID Board
the said act and that motion to dissolve the said IN
junction Is now pending and undetermined That az the
plaintiff is informed and believes the prosecution Of the
said actions is attended with large expense in COUNSEL
fees and otherwise, which has been and Is being incur
red at the instance of the said Wood, but with the
taton that the would DO reimbursed out Of the
treasury and nvountarily by the taxpayers Of the
said city That the plaintiff believes at the ms auce and
by the procurement of the. said Wood the municipal
Councils Of the said city, in both Boards thereof have by
resolutions about the 9th and 18th days Of
April 1857 appropriated the of $40 900 to be applied
TO the expenses Of the said actions in the employment of
counsel and Otherwise, and in the prosecution Of other
actions contemplated by the sad Wood 70 obstruct the
said CITY, passed by the said Legislature nj the last session
thereof and which the plaintiff Is advised and believes
and charges the laws OF the land which resolutions
the plaintiff believes and charges have gone through the
usual forms of local legislation and have become effective,
so far as the law permits resolutions passed for such Illegal
purposes take effect And the plaintiff further says that
he believes and no charges that unless this honorable
Court shall interfere by injunction TO prevent the same,
paid ous Of the treasury Of the said city for The said unsw
full purposes and TO the great and injury ofthe
plaintiff and other taxpayers Of the city OF New York That
he and
and appropriation OF sad sum Of money by the said NUM-
cipal are councils contrary, to law, add that the
the said appropriation made actious OF evil
ample. tend bring the law and the executive authorities
into contempt tend TO the resistance OF the police laws OF
the State and the dstu bance the public peace and
highly injurious to the citizens and axpay Of the
city Of New York The plaintiff nes this complaint on be,
city of New York who may come In and contribute or
otherwise become parties TO be affected by this action
and prays that order in the nature OF injunction
be made by this honorable Court restraining the said
Mayor, Aldermen and Commonalty of the city OF New
York. and the officers and agents Of the said Corporation
respectively from paying the whole any part Of the
said OF money for account OF any of the pur
PASSED by The Board Of Coupcmen April a. 1857 and by
The Board Of Aldermen the 2sth day of April iss7ho
said Boards composing the legislative officers Of the said
municipal oorporaiion-and that the Court will grant the
plaintiff and others whose behalf he proeecutes
aforesaid such further such other further relief 10
the Court shall seem ca together with The costs ID this
action.
Ciiy and County az Nee York ss-Richsrd s Roberts,
plapt In the above entitled action, being duly sworn
says-Thal read the foregoing complaint
the contents thereo and that the OF his
knowledge exceps 70 the matters therein stated in
formation and belief and that a. 70 these matters he be-
Sworn before me this 3oth day OF April. ls57.-Cos-
SnIus r. DisoswAS, Commissioner Of Deeds
AsswBR.
TIE Mayor and Obmmonahy efhe CSy Of Nco York a,
ne Suit Of Richard s. Roberts.-The defendants IN tho
above entitled action, for 10 the complaint herein
They have no knowledge or information sufficient
Anlanf .Aathn ,la.
the city OF New York which " subject 70 taNion
whether he has owned such real estate for several years
last past and has paid taxes thcrcupon up the time al
legged in the complaint up TO any time, and they leave
the plaintiff TO make such proof thereof a. he may be ad
ystd Is material or necessary. They admit that the
Legislature Of the State Of New York at it's last session,
passed act entitled "An act TO establish Metropolitan
Police DISTRICT and TO provide for the government there
off, but these defendants say that they are advised
believe and upon their alton and belief say the
act not the law OF the land but Is In violation of the
constitution of the State Of New York. They admit tho
allegations OF the complaint respecting The commencement
by the Mayor Of New York bis capacity OF taxpayer Of
the suit In the complaint mentioned, TO present the
execution and administration OF the said law, and
that the injunction granted therein was dp.
solved. They admit that the Attorney General OF the
State, the relation Of Fernando Wood, commenced the
action in the nature OF quo drTanlo referred In c
said complaint and procured In the said suit the other
Injunction referred 70 In the complaint but upon be-
lief they deny that the said h mentioned suit brought
by the said Attorney General the intasoe Of the said
Fernando Wood nj the instance OF other person. but
they alege that was brought by the Attorney Gen.
discharge Of what he oonsdered the duty appranng 10
his Office And these defendants further say that tho said
action 90 brought aforesaid by the Attorney General
brought by him 10 c the question OF the constutonaty
ofbe sad act entitled aforesaid, and hahe said action
IL still pending and un determined. These defendants upon
their information and belief admit that the prosecution OF
the said suits will be attended with large expenses for
counsel and other fees, but they deny information
knowledge sufficient 10 form belief whether the said
Wood eapec that the expenses thereof will be paid gu, OF
the city treasury and 80 nyolunarily by the tar payers
OF the cay Of New York. And these defendants
deny that at the instance and by the procure
ment or the said Wood the municipal
cs Of the said city both Boards thereof have by
lutons passed about the 9th and 18th days OF
April, 1851, or al any time, Appropriated the sum Of
slo"o or any sum, TO be applied TO thc expenses OF inc
aforesaid actions In the employment d counsel and other
wise and they deny that the said municipal councils have
appropriated the SUM OF $1,000 any sum, IN be ap-
Piled towards the prosecution of any action
iempated 10 be prosecuted by the said Wood,
In his private capacity, or In his capacity of
Mayor, except under the advice and control, and
with the consent OF the Counsel OF the Corporation ~ the
city Of New York. 10 obstruct the execution and admins
other OF the said Legislature, passed the