New-York tribune., 1871-09-08

We ask one thing more besides asking that ne
claim shall be paid which has not been properly
| dited, and for which Q proper apportionment has
not been made, and for which there shall not be
gum of money remaining as surplus after the quota
of the State taxes and the principal and interest Of
the public debt have been deducted and we call at
tention TO the fact which is averred In BILL that
certain Of these defendants, who are the heads OF
departments in this city, are interested personally
violation Of law in certain st Tn,cS
here read from the seventh allegation OF the CON;
plant wherein these chargee are specifically madel
Tons dnrns the is%sS yesG s and
the claims still unpaid amount to 5000 goo more.
On these facts we ask an injunction to restrain the
sdSton on o anH hs other Tesf seek
have stated the facts fully in our bill as ls neces-
| sary at the present moment.
RELIEF URGENTLY DEMANDED.
feel greatly the responsibility Of this application
from the fact that represent not only the plaintiff
but large number of citizens Of known responsible
ty who are deeply interested in the results OF this
application. We have applied In open court in tho
usual manner, and to the only Judge in the State
| who could grant us the injunction we ask. We
could not apply, even II we desired, to any other
JudQe in any other district to any other Court
nor could we apply to any other Judge included In
this Court Yesterday we came here to make this
application, and we were grieved that your Honor
was unable through illness to be here. The matter
of the district, who informed that 1t would be
violation of the rules Of the district to apply 10 an
other Judge It Therefore & 70 me 5has
ity or ability to grant the relief we ask But we 90
not regret this: we come before your Honor fairly,
frankly and honestly to ask b our g a&@ on be
| half of the people who have been unmefcifully
robbed during the past few years; and ana
behalf Of ndaasa as to s1haRfy tafe hSso
and think may say that the spirit Of these people
at present says that they never never viii be pad
Roms in % her decadence think this is test Of the
judiciary Of this city which has been mnch mall
and feel that upon consideration OF the facts ~
the case we are entitled plainly at tho hands OF the
Judiciary to the relief we ask make this applica-
| tion fearlessly and in full confidence that your
Honor will examine our papers Witn care, ana II you
| find we are entitled to 1t you Will grant IL.
| PROVIDING FOB THE woRKINGMEN
Judge Barnard-In the sixth paragraph OF the
complaint, as I read it, it seems to look as though
the Court in granting the injunction, would stop all
the operations of the City Government; even the
men laborng in the streets would be prevented from
| receiving any money
| Ex-Judge Barrett-We have endeavored not to
place ourselves in such position; we must read
that sixth paragraph in connection with the aver
ment Of the complaint, that more money mas Deen
|
When the Controller comes here and says that ne mas
not enough to pay the ordinary current expenses TOT
sborng is time for thnss us to sxsSy Geeye Ws
have reason to believe that there ls enough OF tne
$50 600, COO left to pay the laborers The primary
sse of q bonds and to keep these
the limits of the laws and If your Honor THINKS tnat
that paragraph within the most straneo GOmstraC
ishment of the public laborers who earn their daily
bread by the sweat of their brows, shall be most
| happy to advise amendment OF it in such man
| ner as to Obviate that difficulty.
| THE INJUNCTION GRANTED.
| Ex-Judge Barrett here concluded, and Judge
| Barnard, after a moments hesitation, said:
you are entitled to his order, Sir; wiH grant The
irJuncton'
| Although all honest men were unanimous in the
opinion that the injunction should be granted the
public faith in the integrity of the judiciary was so
small that the audience were scarcely more pleased
than astonished at the action of the Court 1t had
been generally expected that the Judge would have
| taken time to consider, and perhaps to consult
| with the men who are intimately affected by
this decision to his course in the matter and the
| sudden announcement that temporary injunction
was granted, within few seconds after the counsel
concluded took all present by surprise, and caused
an unusual outburst of applause, which was equally
an expression of the publcs gratitude to Judge Bar
nard aud of admiration for the able and earnest yet
modest manner in which the application was urged.
OPINIONS ON THE INJUNCTION.
With the view of obtaining a free expression of
the opinions of ex-Judge Barrett upon the injunc-
ton and its results, TRIBUNE reporter called upon
him in the evening. In answer to inquiries the ex-
Judge freely made the following statement in sub
| stance:
I'm making this application was actuated solely
by desire to justice done to the people. and
felt that on the allegations of our complaint all
| prOperly sworn to- it could not make the slightest
difference to what Judge we applied, because on
such statement Of facts supported as 1t was by the
solemn oaths Of reputable persons and the absence
of contradictory statements no Judge could posi-;
bly, refuse to grant it, no matter what his political
| convictions or associations may be.
JUDGE BARNARD COMMENDED.
AS regards Judge Barnard I have no reason to
doubt that he did as believe he always does when
a suit is brought before him in which fraud is APP
| parent ON one side and outraged honesty on the
other-supported the right and struck down the
fraud. have practiced for some years
before Judge Barnard, and I am bound to
say that / never knew him to act otherwise
The suggestion which you say has been thrown out
that his action to-day was but blind, ana that o
| trap will finally be sprung upon u.s. mas, ia my
opinion, no foundation in fact We attended court
the day previous prepared to make the application,
ard on being Wnn 10 s1ss bs house at night but did
aSs asleep. Ss' hm fslt t ecnSden. that our aPpea,
whom it was brought and when the suggestion was
made to me, early this morning, that perhaps we
might find Judge Cardo.o on the bench sad 1t
made made to to- Judge barnard nor Judge Cardozo Suther-
land ingraham, nor indeed to any Judge, but simply
Judge Cardozo would have granted it as that Judge
Barnard would The simple reason why we applied
| to Barnard is that he was, as ! stated in
the law does not allow us to apply to the Judge of
any other district and the rule Of the Court requires
that in er pare motions application must be made to
| 49, i.-l. Hold NhaIno hnk aaid