New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-09-16
TAMMANY DEFEATED.
JUDGE BARNARD MAKES THE FOLEY IN.
JUNCTION PERMANENT.

JUDGE BARNARD MAKES THE FOLEY IN.
JUNCTION PERMANENT.
CONNOLLY DOOMED-A CHANGE MUST BE MADE
IN THE BOARD OF APPORTIONMENT-
SPEECHES BY MR.. BARTLETT AND EX-JUDGE
BARRETT-JUDGE BARNARD's DECISION.
The legal battle against Tammany, which
has been waged during the week before Judge Bar
nard closed yesterday with victory for the people 80
sudden as to be Q surprise to the most sanguine. Mr.
Bartlett opened the day with brief and by no means
effective defense Of Mr.. Tweed. When he con-
cluded, 1t Is not too much to say that feel
Ing Of relief spread itself among the audience
and whenever Judge Barrett TO reply thrill ofef
ultant expectation ran through the courtroom The
incredulous smile which almost amounted to sneer
when Mr. Bartlett spoke of his client one TO be trusted
by the people, and who not afraid to trust him
sell to their decision at the polls and the indignant
denial which flashed from every countenance when
he charged that the complaint was brought to
further the political interests Of tho plaintiffs
counsel suddenly changed look Of honest satisfsc
ton at the able argument Of the gentleman who has
assumed the championship Of the people In this case
Mr. Barrett spoke almost without interruption for fully
three hours but not did the interest manifested in
the outset flag, while he frequently appauded during
his speech, the Court Offering remonsrance against
the natural and spontaneous tokens Of approval When
Mr. Barrett concluded Judge Barnard the surprise Of
nearly every present. proceeded deliver his decision
in favor Of the plaintiff and sustaining the injunction
He was interrupted by frequent applause, which
particularly enthusiastic when he concluded The fol-
lowing interview between Judge Barnard and TRrB-
reporter who met him after the decision
clearly shows what the people have thereby
gained in the fight with the Ring:
Reporter-what will be the effect Judge Of your deci
sion this afternoon
Barnard-Everything for time must to . stand
STILL There must be remedy applied to the past state
OF things Tho men now in control OF our municipal
affairs rearrange things and insure ecOnOmi
cal government 1t Is impossible for US to allow high
way robbery in civic government.
Reporter-Judge what impeued you to your decision
Barnard-My duty clear that could not escape
It. The responsibility Of my decision-afectng as %
seriously does the government Of citys with tho
who have stolen the money Of the taxpayers; 1t
does not rest the administrators of the law. They
have no alternative do what they believe to be
their sworn duty.
RepOrter-Do you think that there s any apprehension
Of disturbance trouble In consequence VI your de-
cisioni
BarnardIt is very possible. STILL the authorities are,
Of course competent to preserve the peace Of the city
RepOrter-On whom does the responsibility VI the
present crisis principally rest.
Barnard-The theory that Mr. Connolly is only partly
responsible is absurd The tchoe responsibility for the
signing Of the odrrants falls upon him. The Mayor
tanly countersigned them but do not believe that the
Mayor by any exercise Of human endurance mental
vigilance, sustain anything like thorough superv
sion Of the Controllers accounts more than Pres
dent Grant exercise thorough supervision the
accounts Of the National Treasury The Executive must
give certain allowance Of rope to is subordinates
Reporter-Can this perpetual injunction be in any way
dissolyedi
Barnard-It cam but not till the General Term Of the
Supreme Court in December But, practically, the
people have already got every remedy which the law
grant.
ReporerIs there any possible escape for the City
thorites from the legal effects of this injunction
Barnard-NOne whatever. 1t is impossible No the
people, nnVasA tho Law ""nrts have "n--ri~~-Ay
stopped any possibility Of further steangs When the
present crisis is passed. the City Government viii
as usual, but it will have been purified
RepOrter-What is the exact bearing Of your de-
cisioni
Barnard-That the injunction shall continue in force
pending a revision Of the Board Of Apportionment.
Reporter-But they may resolve Of mastery
inactiOn.
Barnard-They cannot. My decision compels them to
60 to work at once.
Reporter-Docs your decision bear Immediately the
Controller, any other member OF the BOrd VI APP
pOrtionmenti
"AH!" the only reply Of the Judge
There is little doubt that the injunction, confirmed
is aimed directly Connolly and will be used to compel
his resignation.
following the substance of Mr. Bartlett remarks
in defense of WIN. N. Tweed:
ARGUMENT OF w. O. BARTLETT.
In action Of John Foley against several defendants
including Vim. NJ Tweed, who is my client. order OF
injunction granted by your Honor, parte without
notice, several days ago. pretty broad in its terms
piled to several Of the defendants, and really msnda
mus under the Of injunction, not OF much im
portance except its effect upon public opinion against
my client, Mr. Tweed. am here upon an order to show
cause why that injunction should not be continued
think that my client Is concerned, should be
quite submitting the case to your Honor without
any argument at all upon the afhdayits which have
been read in the case We are not here to
yet and the has Just begun To lapse within which
we are allowed by law to ne our answer ,, BIZ! we
charges any importance contained in the complaint
in this action We have met for the purpose OF this mo-
tiOn all OF the points, by separate affidavit which
pertinent to the mandamus granted against my client.
He enjoned by your honor TO perform certain official
duties. lie answers that he has performed them faith
fully and fully before he enjOned-before he
ssa hp sT 1ap Sa be- S" "
performed them faithfully and fy, aud he 80 answers
csrly and fully under oath Sy the Mayor q this City.
We are here with the oath OF VIM. N. Tweed, VINO is
known to the citizens Of NewYOrk for quarter Of
century that he has done all that he has been COM
manded by your Honor to do this mandamus;
here with the oath OF A. Oakley Hail. who Is also known
TO the citizens York. that Mr.. Tweed has done all
that has been commanded to do Against that, Is the
simple oath OF the plaintiff in this and shall show
our Honor proceed that he has sworn sO untruly,
so reckessy, and falsely In this action that the
ma OF the law, Jdsus in fdlsus ~ omnibus, may
well be applied him. and that he s not to be believed
at all.
This action entitled John Foley against the Board of
Supervisor The Mayor, Aldermen, and COmmepalty