The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-18
SUPREME eouaT- SPECIAL TERM.

THE Crusade w. the .sRing',-InJunciion Order
Restraining the Mayor and Corporation
from Renewing the Lease Of Fernando
Woods Premises Cooperation Onnces,
before Judge g. g. Barnard
P~liman os. the Mayor. 6c-An order OF injunction
Soybddng and permanently restraining the Mayor, the
Board Of Aldermen, the Common Council, Matthew +.
Brennan, Comptroller Of the city OF New York, their
successors and Fernando Wood from continuing or re-
nswing the lease Of the premises Nos ll5 and III Mas
street. and OF which tho Inst named defendant Is the
leSsor was granted yesterday by Judge Barnard ON
complaint OF Christopher Pullman through Jos r. DAILY
Of counsel. The following copos Of the afhdavi,s
upon which the complaint drawn and Of the order
Oa Injunction
AFFIDAVIT FOR SJuscrIos
Guy and Co,nty If New York, &---chrstophsr Pull
man. being duly sworn rays that he is the plaintiff
We above entitled actlon; that the deiondant-the
Mayor, Aldermen and Conmoralty OF tho city OF New
York-a municipal corporation Of limited powers Cd.
tanisbed aud limited by several charters granted and
acts passed BY tho people OF the state Of New York.
represented in Senate and Assembly this 80 al
she times hereinafter stated; that and at the times
Hereinafter stated tho defendant the Common Council
Of tho city OF New York, is and was invested by
said charter with the legislative power, so far
a. as such power was conferred, OF said munici.
pal corporation, and Ia and and the members
thereof and were trustees Of the property, funds
and effects OF said corporation, so far as the same
committed 10 their management and control. That
pow and at che times hereinafter ment the said
Common Council ~ and was composed Of two separate
Aldermen and the Board Of Counclmen, whose concur
rent action Is necessary TO the adoption OF any ordinance
or resolution That the plaintiff s member Of the said
Common Council having been duly elected member OF
she sad Hoard OF Couneincn from the LIST day
Of January 1860, uhtil the LIST day OF January
1897, aud in right thereof is q co.trustee with the
elmer members Of the said Common Council Of the
aosesa property funds and effects Of said corporation
and boand N law and equity to protect and preserve
ssch property funds and ELECTS for and 10 the citizens
Of the city OF New York, who are the benencaries OF
said rst That the defendant Matthew T. brennan
and The chief or head Of q department thereof
ssahlshed by the Aforesaid charter, and called the
tinance Department, and as such said defendant Is
called the Comptroller Of the city Of New York That
The dcfendant tho Common Council OF said city,
general charge of providing oces for the depar
nrn's bureaus and officers Of said municipal corpora
ton aud when any leases directed TO be executed
~ tho Comptroller OF said city upon the hiring OF such
sncer the same are TO he 10 executed by the CONN
poler aforesaid, behar OF the Mayor Aldermen and
Ccmmonaty ~ the CITY or Now York That from the
let day OF May 1862 until the Isl day Of May 1885, the
raid municipal corporation had leased from defendant
Fernando Wood rooms on the second and third
1ocu OF the buildings Nos l15 IL. Nassau street. In
Corporation ounsel the Corporation Attorney and tho
pub Administrator OF said city, who were then and are
officers OF said municipal corporat,on that durinr
she last mcntoned term lhe said corpora,om nss6 -
r~nia for said leased the So 200 per an
gum together or goo per aunum FOR The Corporation
Gounses Office, 900 per annum Tor the Corporation
Attorneys ONCE, ana 81 900 per annum for the Public
Admnsstsa,ors ocs. That FOR period Of three years.
sr the whole OF the term FOR which they were So leased
Aforesaid the Corporation Counsel aforesaid refused
- occupy the said rooms any portion thereof
fov ofcis any other purposes, and did not during
enid term occupy tbs said rooms or any OF them hui
bird other Offices In another building No. 81 Nassau
street where he has ever since May !, 1853, kept his
smce Of Corporation Counsel, and where no now Keeps
sLo aud remains and Tor which other Offices
~ No 81 Nassau street the of el 900 rental FOR
said three has been paid out of the public treasury
Of sAd city by the defendants the Mayor Aldermen and
fcBmonalty OF the city of Now York. That the Com
n"n Council Of said city, well knowing ali the matters
sbovo stated nj the times OF the happening there
o. vet With intent TO commit fraud upon the people
~ which thefolovtng IA py:"Rcsolve cd, That the
Comptroller be and he Is hereby authorized and directed
" ren"w the leases about expiring of premises Tor
W. use of he Law Depart menl, Nos 115 and III Nas.
sau street for period Of ten years. NJ the following
pshs yAFor the Offices OF the Corporation coun sel
fsouo p.r annEm for tho Office Of the Corporation At
fernfy 10 600 per annu aud for Offices the Pub
" Administration, 10000" That ths resolution was
adopted ny the said board Of Aldermen ON the 9th day
81 Dcoeroe 1906 and by the said Beard Of Counc
tho ftn nav Decernber lsd5 and was sproyed nv
sac hasor ~ SAID city on the lAth day of December
Nte ihAt IN aud nv snid resolution tho said C0fnnoa
Scnncn Designed and intended blud the sad corpora
tuo 20 pay for the aforesaid rooms which tho aid srpo
vanon ounesl refused 10 crrupv and ah,n,loned ana
which nov and Tor three wears rass have rensncd
vsant aforesaid, the Of a. 600 Der year for ten
years $50 900, Tor which not and cannot no
end pybeby never VIII be sppea 70 the which said
Common tonnri pretended 10 hire them for a. The a
soDon Council and the members thereof II the time OF
soptng resolution well knew Tint Al. saia vo,s
ordered BE- hired ny said resolution Tor the I'VE Of
ne Corporation Counsel are not worth more than the
hired for rho ~ The sad Come
p~hon Attorney Public Admns,faior are together
wesh Than 81 500 annun and that the ssd
so"mcn Council and by snid resolution, designed and
ksenaee " sspena salo term 81 zen yeJs therein