New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-10-23
THE FOLEY INJUNCTION.

MR.. TWEED WANTS 1T MoDIFIED-NEEDs OF THE
CROTON EXPERIMENTATION BARNARD EX-
PLAINS.
The Foley case came up again on Saturday,
before Judge Barnard in the Supreme Court Chamber
on motion to modify the Injunction IA to Permit the
Department Of Public Works to issue bonds to raise
funds for the expenses Of the Croon Water Department.
w. o. Bartlett appeared for the motion and A. r Law
renee In opposition Mr. Bartlett said the modification
they asked was one which ordered to be made In
the Injunction as 1t stands, but which was accidentally
left out 1t was merely asked that the Department
may do that which s required by law and that the funds
might be provided which authorized by the statute
Mr. Lawrence read the following affidavit in opposition
and Coan Of FsvYO.t -Ared Gr.Ie1 CHIEF Engineer
Of b. lat, CrOtOn Aqusd1ci Department IRON July w 1S De re-
Ggped 4eog NAY M ..sa that Sn oS bs S
Sf. SeS e Of IL croon s River
pIo.eeu.ed daring weather and ssns. prohibited S express
" inch So o ssr'? s S the e'
.ies u. valley River gull. .,,S: snDS.g
:aS5sa esr.siy:
present b. Be-. sIgo. tsr ,e!. ys. that
ss: no S : 70 b ssSs a s9 d.
2: iPd'p;ss1, Hia p Nj r :1 s: s. than s GA,
1:Isss y:. .S: in s regard s III. : s1: Il
l. l.. 1 Sp s. ssS q :tSa 9n
az 9.a being S laid q. c .S Ssd supply
them q eonyenenc. and not Of 1.c..y that no mo-. or:
ns %ns % Ss ne S BEEN
M also the ease s gsd e WOO. SSan' Of sa Hs
the sQsdpt between NinsArd and or and SS a.
The city arising ron h, eaa.. but to remove
ss % .Sa.u ' 9'saS s's that H. Of
more likely nPsDd The Gov Of water Tor 20
81 S' ~ !: a Gs. ~ in
dua Department Sworn &c. A. W. CRAVEN
Mr. Lawrence said It seemed to him that the appnca-
ton granted, virtually dissolution OF the injuno-
ton II it were to be cut away piecemeal they might
I'D n1yA
1t entirely Unless there was some controlling necessity
shown which rendered the expenditure Of this vast
amount of money imperative at this particular time the
Court ought not to grant the modification proposed
Judge Barnard Qnterrupting)-In regard to that. OF
course at present TcannOt tell what the necessity may
be until such to the examination, not only
the strength of the two adsvte but also Of the law
and as you mot present at the time and may MT
an Iey ssss 70 yoa that is Object
stance OF TO save the money OF the people ana
on in MI the future BY directing attention first to
oesy OF change In the Board Of Audit 30 that some one
the ronaesoe of the New.York public; and that for the
time being has been accomplished in my Judgment.
Then " S YEAR drawn By men Who never pre-.
tend to come to Court House except at the end Of the
psyment q bogus and advertising and print
Ing bills that have been contracted without sutdor
lars II not million, and it was to prevent the exPendi
ture Of another aGar on NH sTcS tme as the
nity would become satisfied that 1t would be expended
and the Courthouse completed with ecouomy ana re.
form Also to prevent the Issue OF any bonds without
the authority Of law 1t was not intended however tnat
the abOrers who earning an honest living or poor
men depending entirely their salaries SHOULD 10 oe
prved OF employment and thrown out OF oGcSpatiPn IN
Of any irreguarty that might nave Deen
Committed by any officers Of the City Government Whe-
her this modification necessary am not aDe 10 answer
at present II there public necessity Tor the CON
limitation OF these works OF for their competionoi couse
ehould not give permission to continue them put II IL
should appear that the injunction was operating narshy
preyepted the people from getting the supply OF WAFER
that was necessary the Board OF Health from preVen
ING residence or plague from coming here or tne Rht
Ing Of the streets with gas which prevents ana
mErdera and all sorts OF crimes which nourlsn IN the
darkness then win modify the injunction TO thas
extent As to gang Of men being employed that thels
ia no necessity for will not give permission JOE tnat
In granting this injunction intend 20 estsDhsn tn
docfrne that where remedy exists at Jaw court vi
e0uty y the virtue inherent in iself possesses lne
riet TO step in and invent remedy whether the aphse
was the sauandering Of public funds or other
yiOr of ocas the Supreme Court had the power W CUT
rect the evil. ., , A,,ouo ho0 stood for ooo
years. ,oo.. lamar m the bench
and intend it shall stand that length OF ulne. 1900,
MI Bartlett-We only ask for a modlncauon accoru'
kT' Iawrence-we only ask your Honor to carry out
that principle. ,,.,