Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-09-16

New YORK, Sept. 15.-Fiveof the nine bonds
men of Postmaster Jones met Yesterday and
resolved to adhere TO their previous determina-
ton OF paying the government the amount of
Norton's Indebtedness. NOrton's bondsmen,
Samuel N. Smith, secretary OF the Empire in
surance company, and Mr.. ChildS of the Cont.
mental insurance company, have been officially
informed of the delalcaton Each is liable for
$4,000 Postmaster Jones yesterday tee-
graphed for Mrs. Jones, his wife, in order that
he might place all his property in the hands of
his bondsmen, so that if Noron'S property
should prove insufficient, the bondsmen might
reimburse themselves from the pOstmaster's
property. The rumor that the bonds in differ
ent departments of the New York post office have
been suspended is false.
A smaller attendance than on any previous
day at the bearing of the argument on the in
Junction OF Foley against the city officials. This
morning Bartlett, Tweed's counsel, said, 81 am
here to show cause why the Injunction can
not be continued. would be safe in submitting
the case on the aflidavitS without argument
Our answer is not put in yet, but we have met
all the points generally by separate affdavits
Your Honor enloins my client to perform certain
duties; he answers, he has faithfully and fully
performed them, and is c0rroborated under oath
by the mayor of the city. The law saws that an
INJUNCTION against a corporation cannot be
granted except on eight days notice; here an
injunction is granted cX parte without notice.
and is therefore void as regards the supervisors
fatal difficulty for plaintiff Under the decision
your honor, the plaintiff has no legal standing
here as against the corporation of New York or
Mayor Hall as an individual. 1t is an action
which nobody can compel us to do what we are
doing. The counsel threatened to hold plaintiff
responsible for bringing false charges against
his client and denounced the persons who
prompted the injunction suit as being band of
Catalina conspirators without Catalina, and hay
ing sworn to libels. He asked that the injunc-
ton be Immediately dissolved SO far as his client
was concerned. The very form of government
under winch the acts charged IN the complaint
were done has passed away, and the legislature
has ordered the payment Of claims.
Mr.. Barrett reviewed the acts of Mayor Hall,
and charged him with making paltry excuses.
lie then proceeded to the case of Connolly,
whose affidavit, he said, was the bOldest and
least tricky document before the court and
which proves the falsty Of Halls answer. He
argued that Tweed's and ConnOllys answers
contradicted each other
MIR. Beach, inGerrupting, charged Barrett with
grossly garbling COnnoy's affidavit.
Alter brlet, sharp controversy between coun-
sci about the manner of conducting the case the
court took a recess.
Barrett quoted the affidavits of Connolly and
Tweed, 10 show discrepancies declared thar the
atfidavitS were cunning devices to misead that
they were cOntradictcd by portions Of Tweed's
and Connolly'S own minutes. lie argued that
the supervisors, by comnglintO court and pray
ng Tor Judgment on pleadings, were estOpped
from making the objection that the plaintiff has
no standing in court Mr.. Barrett proceeded at
length IN an exposure of the errors and misrep-
reservations Of the defendants affidavitS, and
concluded his argument with the calculation
that the city government had, after paying the
state tax and public debt, over twelve million
dollars for current expenses and appealed to
Judge Barnard not to send the public, who came
trlDuOnI wit
ceiving it.
Judge Barnard then, amid profound silence,
delivered his opinion, granting the motion TO
make the injunction permanent. He said with
regard to the point raised that the two per cent
act was unconstitutional, he would not declare
the act to be so unless il was very clear case.
and he had no such clcarness, and he would not
take the responsibility, and would prefer that il
should be heard more maturely in the general
term. The plaintiff, hayinga clear right to sue.
brings action against your defendants, officers
of the city government, asking, among other
things:
First, that the supervisors be enioned from
raising taxes in 1871, until certain things shall
have been done.
Second, that the defendants be ordered to
meet as board of apportionment, and do GER
tain things.
Third, that the board of supervisors be re-
strained from paying claims until the board
audit, meet and set them apart
Fourth, that the mayor, aldermen and COM
monaty be restrained from paying any ex-
penses, except such as the board audit and set
apart.
Fifth, that the comptroller be restrained from
paying claims in excess of the amount set apart
by the board of apportoumeht, and from pay
ing any debts incurred to the New York print
ing company, the New York Transcript and
Leader associations, and the Stationers COM
pany, or any of them, and that he be restrained
from raising, on behalf Of the city and county
of New York and the board of supervisors, for
paying any expenses OF the government Of the
city and county for 1871.
The complainant also charges conspiracy on
the part OF three OF the defendants, by combna-
ton collision and fraud, TO obtain PAYMENT of
dishonest claims on the city and county treas
ury, and that they did other acts of wrong and
fraud; that the allegation, made con the in
formation and belief of three defendants, deny
them. Defendant Tweed denies that there IS