The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-22

Atnnctson against the Mayor, OomPtroiles,
Sc., Restraining them from Paying SSr the
Glass Ballot Boass-Mayor Woods Answer


SUPREME 0OURT-N CHANEKs
Before Hon Judge Davies.
Nv l6-James Hcyner, citisen Of ne city y Ncss Iork,
sss a taxpayer thereof, behalf himseT and a" os@er
ssens and taxpayers Of the said city sho may come IN
md contribute the esenses Of this suit, o. Fernando
Wood Mayor Of the city Of No York; Be'vamsn Wood, Of
ssid city; Samues O. Jouis Asdriah O. Fdag, Comptroller
fMe Oiny of Ne,v York; Andrea v. Stout, Chamberlain
ssd County Treasurer Of tie said city, and The Board Of ST.
sisors Of ne city and county Of NesO Yok-rhe plaintiff
N this suit respectfully shows 10 this Court that he is
citizen Of the city New York and the owner of real
personal in the said city, which liable to taxation
therein, and which is and has been annually assessed
taxed the maintenance support Of the govern
II the said city. That he has always paid and means
hereafter TO pay his taxes so long he endure the
That he believes that in and by the Metropo
han Police BILL the Commissioners of Police of said city
were charged with the duty Of providing ballot boxes
police dstrict which district includes the counties OF New
York Westchester Richmond and Kings. That the said
Fernando Wood as Mayor of the city OF New York
and by the said act, by virtue of his Office made
Of the said police commissioners That the said Fernando
Wood the time Of the passage of the creating said
Police Districts and for long time thereafter
thc said law unconstitutional and void and refused
sognze the validity thereof and also declined and neglect
cd to act as OF the said commissioners until
about the twenty second day of July last when, the
plaintiff informed and believes he first made his appear
and claimed his at the Board of said commission
The plaintiff information, and information and
behef makes the following alegatons-That about
said Board Of Police Commissioners and the President
thereof submitted TO the said Board shat this meanng
that Board) having the act Of April H. 1857 creating
Me Metropolitan police district the duty Of furnishing all
ballot boxes within the limits Of said district imposed
% hem expedent 70 advertise Tor contracts Tor SAD
Hha best prevent attempted fraud at the elections
which adopted and passed. and Messrs. Draper Nye
and Cholwe three Of the commissioners were appointed
a committee TO examine such contracts. That no ad
vertisement published under said
solution to the knowledge or belief of said plaintiff.
shortly of the said resolution,
before the said Fernando Wood took his seat at said
Board and acted as one Of the said Police Commissioners
Abe said Simeon Draper resigned his Office of Commits
soner. That the tenth day Of August last at meet
ing Of the said Board Of Police Commissioners at which
he believes the said Fernando Wood present, the
of ballot boxes referred to the Committee
Station Houses, and the Mayors of New and Brooklyn
with power" That on the twelfth day OF August, the
said Fernando Wood, together with Messrs Nye and Chol
we'll the aforesaid committee entered into written
contract with the said Samuel c. Joe that the said Jol
Ne should furnish all Of the ballot boxes requisite
Metropolitan police district not to exceed four thousand,
IN which contract "the said Board OF Police Commission
agree that the price for each box shall be fifteen dol
ars,n by the said contract copy whereof, as this
plaintiff believes the 70 be- is hereunto annexed,
nay be taken as part Of this his complaint That the
fourteenth day Of September following james NJ Nye,
member of the said Board of Commissioners, and who,
hs plaintiff believes, one OF the members OF the
Committee Station Houses, reported to the Board that
the Committee Ballot Boxes had made contract with
Samuel O. Joie for supplying the requisite number OF
Them for the entire district not 10 exceed four thousand
at fifteen dollars a piece which report was accepted
Aando Wood 6ered resolution at legal meeting OF said
Board Of Police Commissioners as follows:-"Resoved,
this Board (meaning the said Board of Police Com
issoners) deems itself fully authorized to procure and
pay for all such supplies Materials articles OF what
Of the Metropolitan Police districts approved April 10,
1857 il incumbent upon this Board TO procure, which
resolution was adopted Mr.. Nye,. Mayors Wood and
Powell and Mr. Cholwell voting in the affirmative, and
Nessrs Bowen and stranahan in the negative That the
paper hereto annexed marked b. an abstract oil the
minutes of said Board Of Commissioners and which lie
this his complaint. That IN anu
by said contract the said boxes we're 10 be de-
nvered ON OF before the 26th day of October such
plare or places should directed by the said committee
That this plaintiff has not ascertaned what directions SAID
committee gave in relation thereto, nor where nor now
many OF said boxes have made and delivered that
there election held whereby II became necessary
any Of the said boxes between the time OF making
took place on third day of Noveheer instant that
James Steers the Supervisor of the Eleventh ward OF
yrors Of the city and county Of New York held the
18th day Of October last presented resolution oil whch
the following is copy-Resolved, that the Comptroller
be suthorized aud directed 10 his for such
sums Of money may be required TO pay for the ballot
boxes provided by the Metropolitan Police Commssioners
pursuant 10 twenty first section Of the act 10 establish
Metropolitan Police District and 10 provide for the gov
ernmen thereof That the presentation Of said resou
Non Blunt Supervisor Of the Fifteenth ward moved
Is reference 10 acommittee, which was lost on division,
NO voting the affirmative and fifteen in the negatvei
hat the said resolution then adopted on division OF
h. BEARD by vote Of fifteen In the affirmative and two
The negative. The thereupon directed 10 be
sent 10 the Mayor for approval That at the time
lion said boxes had been delivered and that after
wards by paper writing dated me 18th Gay 81 october
Me Jole gave notice that he had fully completed the
Of the glass ballot boxes named in he sad
contract OF the 18th August last and thereby rendered
The balance thereof not heretofore delivered and also,
that IN case the said ballot boxes were not received by
MEM that they would be stored their account and al
sasr ,.k anu expense a copy Of which notice annexed,
marked That the said Mayor, Fernando Wood on the
~ Se oompoler Of the cy refused 70 draw his warrant
N obedience 20 mandate of said resolution, whereuon
said Samuel Q. Joilc made an application 70 tne gu
uomc Court for a mandamus TO compel the sad hcIopo
Man Police obey the mandate Of said res
ou.,on That said motion agurment before one OF the
Justices of the Supreme Court was denied on the ground
mai the said Metropolitan Police Commissioners the
city Of New York. liable under The sad contract,
but that the same II recoverable, was county charge
and must audited by the Board Of supervisor That
appears by printed copy Of the proceedings OF the
pard Of Sunerysors that on the 9Th day Of November
es,ant Thanas Mcspedon tho supervisor Of the Nine
ecnth ward Of the city Of New York, presented, at
meeting OF the said Board Of supervisors rcsouson, OF
which the following IL copy
Resolved That the CITY Chamberlain be, and he Is here
by authorized empowered and directed y pay samuel z
Joe his representatives assigns order, on the pre-
rentaton Of oertned copy Of this resolution the amount
paid by the contract Of said Joe with the Board OF
Police for the metropolitan Police pS 10y INC r haa
which have been provided for SAID Board under
and by virtue Of section t~cny ono o. inc ac' OF tne ~
gilaure Of The Of New York entitled An Act to
establish Metropolitan Police District and TO provide Tor
The government thereof which, On act on ~ William
Wilson the supervisor Of the First ward referred 70
special committee. consisting Of the Supervisors ~ the
Frst Nineteenth and Eighth wards 81 the said city
xa.~rs wilson, NcSpodnn ard Tucker.
That as vet report has boon made by the said com
rt,ee uron the sad resolution. That he s ignorant Of
Ne number of ballot boxes required for the counties oi
Kings Richmond and westchcster, nor does he know
whether under the said act Is or s not the duty 81 The
Of the several counties under the direction of
the said Board of Police Commissioners to provide tho
necessary ballot boxes FOR their respective counesout
nc has been informed and believes 70 be true .hai there
are one hundred and seventy -four election districts IN the
CITY and county ~ New York FOR which II is necessary 70
provide ballot boxes, and allowing ten 70 each ward,
only ono thousand hundred and forty were neces
sary: less than half alleged ~ have been ordered
by under the said contract that the ballot boxes used
nj the last election this county Of the description
stated IN the said contract but by whom furnished and
delivered he cannot positively state, although he believes
they were delivered tho Of the said Joe. That
was given out pretended by the sad Jole the said
Fernando wood BENJAMIN Wood or by Of them. with
,be knowledge APPRECIATION Of the others and
49, IL. a.Ll