The New York herald., 1871-10-12
Docs MOI Sec II, and PITTS in "Ear' 10 The
Demand Through Able Men,
bsn Of The Bar
ARGUMENT OF COUNSEL, PRO AND CON-
The Case To BE Resumed This
Morning.


curiosity. ana The court room Was CROWDED yester-
aay.
Judge lNGRAnAx inquired whether the connscl
were ready To prorcei, aud SIR. Fullerton said that
~ make the proceeding completely regular he
would present all or'ler 10 snow cause. ietutnable
forthwith why This proceeding should pot be DIS
saisscd. THIS seemed 10 nun the only way 10 secure
20 the defendants, and 10 tie plainuds. too their
Slghls vi appeal
Judge INGRAitAM SAID ne hai already refused
slsIs order, and II not in accordance win his
p'aclice.
Mi. fullerton pressed his notion and Judge In
graham finally conceded that the order shan DC
considered as made.
Mr. Root tacn read the examination OF Mr.
O'Gorman. win the aninavits Of MIR. loang anu Mr.
l!ar,iy, which have already been published
General Barlow read affidavit Of Judge Bar
gett, That the Board or Supervisors composed OF
t'e Board of Aldermen ana tue Mayor and Re.
ccrdcr anu that the warrants complauea OF were
ansiicd by thai Board and that he has mol heard Of
any EFFORT 10 recover back these fraudulent sums on
behaif o. The Corporation the Board OF Super-
visors or even 10 investigate them except the ap.
continent OF the Committee OF Fifteen who have
been virtually denied the right 10 seld for books
and papers.
ARGUMENT FOR iNGERSoJJ.
After the reaaiag N the alidavIt Nj. Fullerton
addressed The Court rs ioows:-
May II please Your Honor, suppose ,hat the
numerous learned co1ise on the other side ~ in noI
pretend that their client has any legal slaudng in
shls Court unless they claim ~ virtue OF the act Of
1864 TO This act VII IN tue first instance cal, Your
Aonors attention too, Claiming, as wiil prove TO
ale satisfaction Of the Cour, that il rs unconstitu-
uonal ANA void anu consequently gives the piainnn
mo nght whatever as prosecutor. If his proposi.
hoD can be maintained 4 viii be, nf course, end
~ these proceedings. The Court mnst take 1t Tor
granted, whatever lrautls may have been committed
against the cat, ana county OF New ork Counsel
on The other side nis proceed in their prosecution
~ lawful and colstitu3!oual procedure. binding
upon every cltncn. 70 show that counsel have
failed lii this respect cali attention 10 the third see.
uon OF The Laws ot 1864, me PROVISIONS OF wnich
are 10 be found on page oio:-
The Common Council the city of New York and slso
she Supervisors OF said county OF New York The
members thereof are nerey declared ustees the prop
FAR such property, fumes may be con
@ .S and 10 any p a1
s.red 10 De % 9 trust in espae to Is he ers2y & pros s
ery funds and effects resrecvey and aay cotustee
n regsTd e saSn and effects. 20 al the rights
trust 10 prosecute and action prevent waste
sSch 20 are any n b aaas sa S s1 IL me- ned u
sesponsihte nposed by iaw on trustees, aud such
Ia. Gie trust aforesaid.
il Is not necessary 10 cali Your Honor's attention
~ tiic idct tudt DN Inc Otler SIDE Is
m nfracuon OF the constitutional laws OF ihc state
and cannot be accepted in su5tainment or their
case
RErERRING TO THE INJUNCTION CASE
Judge INGEAnAA-Has 1t not already been decided
Oy Judge Barnard that The rlaintif has power TO
Mr.. FuLLEGToN-Tnc point was not raised nor
vas me injunction granted On the provisions Of the
Mr.. BARLow-Counsel Is wrong. Judge Barnard
folemnty decided artcr fun consideration OF all Iae
points raised against the proposition oil counsel for
The defendant Mr.. OGOruian, CORPORATION Attor-
ney. raised the question aud argued with great
a6ihty, stating the Practice Of this Court IN similar
cases Alter hearing That argument Judge BARNARD
s:apressy neld tnat the paperS werp N Court AL the
Mr. RoOr--Judge Barnard's DECISION di not ae.
eide that question, hut nc Court pnrposcg retained
declae as to It's con;Iit1ronaiy or oiherwise ~
Mr.. FuLLERToN-But II las already been decided
IN this very Court at General Term. =. II
Mr.. DARRErT-It has been decided In the 'inunc.
il0n case by Judge Barnard.
Mr.. FULLERToN-l beg your pardon. There has
been no decision upon the point now raise.
Judge lNGRAuAa-lf tbs case has been already
decided on the same state OF facts wish counseijo
understand that sha.i consult Judge Barnard as To
what he has decided, ana snail not reverse his de.
eison here. That must bc decided by General
Term.
MI. FULLERToS-I have yet that case to present
70 foui Honor The Court VIII remember that, some
time since, Mr.. Pullman commenced an action
against the city and county OF New YORK Tor The
purpose OF restraining the execution OF lease for
premises Ia Nassau street. aud lie appcacd TO the
Court ior an INJUNCTION terein by the thlrd section
OF the act quoted. There was a demurrer inter
pObeu 10 complaint III TIC ACT III tHlt
Judge Sutheriald after extensive argument sns
tained The demurrer. From ali have learned IN
connection WIN the subsequent decision claimed
20 have been given by judge Barnard ! believe that
am warranted IN charging that JUICE Barnard IN
thc case referred 10 gave avery contrary DECISION
Mr.. BARRETr tcXciedl i-Thal is the very decls.
son Mr.. O'GoifnansIlstanlally relies on in he Foley
injunction case, aa1 who was patiently listened 10
for two Gays oi argumeni ami the Question ihe1
arose Whether that decision had nor been oyerrnleI
NJ a General Iei M of fhIs Cpurt ana suhsanuanyv
nv lie ConTt OF Apretls aul a, .o wbNtnor tn ac r
ferrei 10 mad NOT teen cnactcd IN auolher ;orn, ami
vhcn Ju,pe Sutherland Io1 ma nifes ~ ,orin, 90, %
Ai.cr "A l.1l, ana sa,tr1ie disci,sstnn ~ ynesa
points Juate Esruari came Ia mr. ,icel.Ion 1l,,t
Jdge sntr .r,sn ,"l oVsriooced IN, r1',,'., n -,
s,ongf nf snness ann Inig. Il mari go ~ - 0 ~
sision IN ie In,,Wrf,sn ,ssc areni,rg5sy o,a,,,i ~
anu Judge theyeau a,,t,,5on m ,na ~ a s
ur Pm, tyTux I'M. re r;ctte1,,l ~ tha~s a. saa5
declsiOu lei - see n ana MOI i,e fntt ~ mo ,rti
mai ieases Inuye's nns.,ts f>,yicn, ,,,,'