New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-17
Law .INT,ELLIG.ENCE.
the PAYMENT OF THE NEW POLICE.
ANOTHER ACT OF FACTI0US RESIST
ANCE BY FERNANDO WOOD.

CDttRT OE COMMON PLEAS-SPEciAL TERM-JuLY 10
Before judge IsGRAHAN.
Jehn Fi,zpe.rct behalf Of himself and all others similarly
ntetd M &ls,@9 Flag Gsn,,0s, Of The CITY saG
OF York Andrew v. Stout, Ch.mber.n Of the City OF
Bowen JACOB choiwsH and JAIME. s r stanasa, Coln
Of Police q the Metropolitan Police District Of
the stsie Of Ne~York
Yesterday morning, Mr.. Z. Jennings, counsel Tor
John Fitzpatrick, applied to Judge Ingraham of the
Cour, Of Common Pleas for injunction restraining
the defendants from drawing, countersgning or pay
ing any warrant upon the account of or agaln-t the
Police Fund of this city, the same 10 be placed to the
credit of any State officer for the payment OF the
METROPOLITAN Police except so far as any sums may
be from time to time paid into the Treasury on ac'
cosnt Of the Police Fund. The injunction was granted
and is returnable the Doth inst.
John Fitzpatrick of No. l35 East Thirty sixth street.
Terence Farley of Fifty fourth street, between Lexing
ton Fourth avenues, and John +. Broderick of No.
&c East Twenty ninth street. became the suretieS upon
the undertaking in tie SUN OF SiO,OOO
The following are copies of the complaint and ill.,
junction:
COMPLAINT.
John Fitzpatrick plaintiff in this action, complain.
ing in his own behalf well the behalf of all
others similarly interested who may come In and con,
tribute toward the expense Of this action complains OF
Azariah c. Flagg Controller of The City and County
of New-York Fernando Wood, Mayor of tue City OF
New.YUk David 4. Vantine, Clerk OF the Common
Council of the City of New-lork. Andrew V. Stout,
Chamberlain of the City and County OF New, YORK.
and Simeon Draper, James w. Nye, James Bowen,
Jacob Cholwe aud James y. L. Strdnahan, C0nms-
soneIs of Police of the Metropolitan Police District OF
the State of NewYoIk defendants, and respectfully
states to this Court,
That this plaintiff is taxpayer and cOrporator OF
the City Of New.York residing therein that SAID de-
PENDANT, Azsriah c. Flagg, is the Controller OF the
CITY and County Of New-IOrk, and as such IS the
proper officer 10 draw all warrants upon the CITY
Chamberlain; that the said defendant, Fernando
Wood is the Mayor Of the City of New-I0rk aud
David r. Valentine is the Clerk of the Common COun-
Gil OF the City of NewYork and sucn it is their
official duty to countersgn, and they coanerssn all
warrants drawn by the Controller OF the City and
the said city and county that 1t is provided
by sec. q of an sct of the Legislature of the
State of New York, entitled, " An act TO
" establish Metropolitan Police District, and To
"provide for the government thereof passed April
Is 1857 that the sum Of money styled the Police
Fund, collected by the City of New'York for the pur-
poses of police therein during the years 500 and 1887,
and not expended in the Treasury OF the SAID city,
shall immediately upon the organization OF the Board
Of Police and after due notice to that effect served
upon the Controller of the City and County OF New
York be paid into the State Treasury as part OF the
Police Fund. And the Board of Police of the said
"the metropolitan Police District, have not on or
before the = day of june 1851 apportione1 any
sum or of money requisite ana ncediul to be
raised by said CITY county, Tor any one or more
years as the plaintiff has been informed and believes
nor have the Board Of Supervisors Of the said city
and county raised or collected by tax any SUN or
sums OF money within said city for the Board OF
Police within the said Metropolitan Police District
for any or more years; Dor IS there any sum or
sums of money collected by the said City of New
Yoik and unexpended in the Treasury OF the sad city
for the purposes of police therein, during the years
1856 and 1857 to be paid into the State Treasury as
part Of the police fund referred 20 in said act
That the said defendant, Azariah Z. F!agg, as Con
troer of the City ana County Of York, purposes,
contemplaes and intends, notwithstanding tnat there
are no funds in the Treasury of the CITY OF Nsw-fOrk,
10 the credit of the Police Fund to draw his warrant
CT the City Treasury for the sun of 500 oO0 to be
paid to the Controller of the State OF New-ioIk, OF
some other officer of the State, for the use OF the Com
msioners of Police of the Metropolitan Police District
of the State Of York, and to have tue same coun-
tersigned by Fernando Wood as Mayor oil the Cty OF
New York, aud David Valentine, Clerk OF the Com,
mon Council of the said CITY, ana paia oy ine saa
Ap0rew V. Stout, Chamberlain OF the SAID CITY, aud
unless restrained by the order OF this Honorable Court
as this plaintiff has been informed and believes, ana
on such information and belief states that tue sad Con-
troer Of the City and County of ew'lork VIII draw
su n warrant and that the same will be co1ntersgned
by the Mayor OF the City of New York and the Clerk
OF the Common Council of the said City, and accepted
aud paid by the said City chamberlain ana ihls P,an.
tiff and ali other persons similarly Interested WILL oy
the copsumma alton of such acts be injured reparaoy
the said statute in it's terms and its spirit be Violated
and the credit Of the City be impaired
That the said Controller, Mayor and City Chamber
lair were, the plaintiff is informed ana believes,
urged 10 take the unauthorized measure above ind
Gated by the Commissioners OF Police OF the Nero
poiap Police District Of the State of New-fork, who
have already, the plaintiff has been Informed aud
believes Undue I'd the said Controller to draw his war
rant on the said City Chamberlain and to sign the
sane requiring the said City Chamberlain to pay the
sum of 800 600 TO his order to be placed 10 the
credit Of the Treasurer OF the metropolitan Ponce,
and such has been presented to the Mayor TO De
and has been returned by hun
on the ground that il Is not authorized by law IN tue
form as now drawn, and to be altered or changed IN
form: that the Corporation of the City OF New-lork,
for long time past, has been, and now Is, raising
money upon revenue bonds and paying Tor tue use
thereof inter at the rate OF per cent per annu;
that the said defendant Azarah g. Flagg, Controller
oftbe City and County of should SO draw ms
warrant for the saio sum of $lOO, OOO and have the
same countersigned by Fernando Wood, Mayor OF the
CITY of New-York and David L. Valentine as Clerk
of the Common Council of the said city, the same
would be PAID by the Chamberlain OF the City OF
New-York, as County Treasurer OF the County
of New-York, from moneys borrowed by toe said
city for its said use, or from money which the
Corporation of TIE City of New-York will be COM
pel,ed TO- or will borrow at an interest OF per cent
per annum upon revenue bonds, thereDy suoJeotihs
The Corporation Of the City and County of NewYork
and the taxpayers and Corporation thereof to the loss
of the interest of 500 600 from the time that the said
warrant SO drawn aforesaid shall be PAID ny the
City Chamberlain until the same shall be hereafter
collected and paid into the City Treasury. wherefore
The plaintiff prays final Judgment, and that the said de-
PENDANTS may be restrained by an injunction order OF
this Court from drawing, counersgnng or paying any
warrant upon account of, or against the Police Fund
of the City and County of Ne@.York TO be paid to
the Controller of the State of New York other State
officer or TO be paid TO the credit of the Treasurer o.
the Metropolitan Police, until the same or some par,
thereof shall have been collected and from drawing,
counteIsigIing or paying any warrant for such pur-
pose for any greater amount than shall or may
hon tune TO time be coll ected paid into the Treas
ury Of the City CoRnty of New-York account of
fne Police Fund of the said City or County OF New
York. +. Jennings, r., Plaintiff Attorney,