The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-07-28


THE APPLICATION FOR AN INJUNCTION.
The following Is the complaint Of Levi 8. Chatned,
application for Injunction restraining the Mayor Comp
troler aud Commonaty Of the city Of New York from
paying any the bills the entertainment Of the Japa
nese,-
Levi s. ChatHcld OF the city Of New York plaintiff in
this action, who brings this action well In his be-
half behalf Of all the taxable inhabitants Of said city
of New York who may come in and be made parties,
plaintiff therein complains of the Mayor, Aldermen and
Commentary OF the sad city of New York. and Robert I.
Haws Comptroller Of said city, Defendants and alleges
cause OF action
Frst--That This plaintiff Is a citizen Of the United
residing within the u It's OF the Corporation Of city,
TO witat No. Ill Lexington avenue that he has re-
sided ut aid NO III Tor the period OF last
past aud has during all that time been for tho
house ana lot No Ill, Aforesaid and is liable pay
thereon for the year 1860 that said taxes have been
constantly on the increase, although the valuation OF
his SAID house and lot has not increased during said
PERIOD that according 10 his best recollection
Wed upon said premises exclusive Of the Coton tax
for the 1854 s4 ,hercsbouts the tax 30
levied Tor the year 1863 was upwards Of $751; being
increase of over 200 per cent within period Of two
years, ana that much OF SAID have opinion
and belief Of this plaintiff been imposed unworthy OBJ
jects and have grown Of q corrupt mprovdept and
wastcul administration OF the the affairs
of fad cily the plaintiff alleges and charges thai said
taxation u 10 large extent unnecessary for good go
yernmert and welfare OF said city, onerous aud op
/ prcssiyc upon the taxpayers thereof
Secondhand the plantl fun ther saith that heretofore
resolution or ordinance was adopted by the Board Of
Aldermen, which was concurroa in aud adop,ed by
iard 81 CouncIimcn of said city, aud approved by
the Mayor thereof the 9th day OF June $780, which
resolution Of the money of the people OF the city
81 New fofH, and being derived, 20 be- derived from
the txcs assessed aud levied upon taxable property
Of The ad cify were appropriated Ia deay the expenses
o RECEIVING ana entertaining tue Embassy accredited by
the Emperor or government Of japan 10 the government
81 the United States Of America
1Lrd-And the plaintiff further says that, as he has
been Informed agd believes, Committee Of Reception Of
said tmbassy was appointed by the Roard Aldermen
or 10y the Common Council Of said city, that said
coLniiiec prJeced and directed that bah be given
the Metropolitan Hotel and Nblos Garden the city Of
New York ON tie 10Th day OF June last past at the ex
Iensc ~ said city New YORK; plaintiff az rs that
In pursuance Of said scheme q giving pube bail tb
said committee caused % be Issued tickets admission
10 said ball. distributed SAID tickets in suc n.nner
and gave or sold the such persons lid com.
mice chose to DIES gnaie select and SAYS
lac has been informed and believes that sal sommi,iee
and some Of The members Of tho Common Council soId
large number Of said uckcs, prices ranging from ten
To ODE hundred dollars each, and Appropriated the pro.
eeeas 81 sslid saics ." their own use.
fourth-And complainant further saith that said ball
was given nnd held tie metropolitan Hotel the even
ng Of The SAID 10th Jay 81 June, 1SoO and that all per-
sons nnd residents Of the city of New York "a well Tar
payers as other persons OF said city, excuds from
SAID ball and from the which the same was
hell, WHO aid not possess and could not present
one Of sd tickets OF admission TO the persons who acted
as at said ball, and that the money Of
city OF New and Of the taxpayers thereof was used
or sought TO be used b. said committee and by the
Common Council Of SAID city In the giving Of balls and
entertainments, from which said taxpayers were ex-
cludod, without any legal authority therefor
And the plAnua further saith that, although only
$50, oc0 appropriated 10y said Common CoapcI 10
dciray the exnsca Of receiving and Entertaining said
Embassy. h. has been informed aud believes and 40
charges the TACT To- be- thai bills have been preeuld IN
All amount exceeding hundred and twenty thousand
dollars. and that the have been audited allowed
by Tic Common Council, or b. committee thereof TO
The amount Of hundred aud thoufand dollars for
reception ana entertainment OF said Embassy and that
The said committee audited end allowed the bills Of
Mosrs leland the pToproiors u the Metropolitan Hotel
10 the amount Of ninety ,horsand dollars which bi
Of said oands contained the charges made for the
pcrsc OF said ball
And the paintn says, Information and belief that
the whole expense U SAID Ic,ands connected with said
aha VIII s.a oali ga not exceed the sum OF
,cn houSand dolars and that before said bill
audited and allowed nt nine'yo5e Thousand dollars, II
wss understood and agreed by and between sad Leiands
ard said Common Council, certain members thereof,
that said Common Camel, portion thereof,
should receive Of the bail audited allowed or 10 be
audited and allowed, the fun of thirty three and
third per cent Thereof: aud af.er making cor
rup and fcandaous agreement, TIE said OIL Of said Le-
lands audited and sowtd said sum of ninety ono
thousand dollars thcrcabou's and tho plaintiff saws
That u n the intention ard design OF SAID Common
Council 20 procure said bills and said enms ,s be imred
and upon the axable property Of said city and
VI be levied end colo cd from the taxable
.hercoi, ana that u - the intention Of tho said Comp
roler 10 place insert the the tax levy DR. LIST
" me ensuing year and W pfocaTc the came " be levied
arc collected a. fuch taxes.
And the plaintiff ssys that the Mayor, Aldermen and
Commonalty OF the said city possess power au-
hority To impose levy and collect taxes from the
able Inhabitants 81 sad city 10 be expended In giving
balls and cntcralnmonis in receiving and IMPORTING
quests OF strangers 81 any grade cast nation have
10 rFnt OF power ocvy aud collect taxes from tho peo
pc u The city 70 give or donate " the members Of
Common Council of SAID city. any Of them or 10 nay
uron or 70 carry into eject the corrupt and fraudulent
agreement above set forth
The plaintin therefore demands Judgment that tho
raid Mayor, Aldermen and Ccmmonslty be perpctualy
and forever restrained and cujoncd from any manner
lcvyng the said hundred and 1ve thousand dollars
upon the taxable property Of said city Of Nv York. or
the property Of The taxable inhabitants thereof
rom collecting part of said money for said
rify, and that the Comptroller Of said city be forever
rroincd and restrained from paying tho same or any
W
Dr persons whatever.
/. $. cHATrrnD, plaintiff in person.