The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-09-30
The Scales Of Justice in Judge
Barnard's Hands.
CounSel's Views as to the Injunction and
How It Should Be Applied.
the TWO PER CENT TAX REVIEWED.
The Whole Question Of the Injunction Ia
Be Settled This Morning.

The Whole Question Of the Injunction To
Be Settled This Morning.
Judge Bardsrd's decision in the late great injunc
ton case, which has attracted 30 much attention
and absorbed 20 large share Of public interest," was
TO the legal papers essential to bringing It to full
and complete termination, and as TO the lawyers
talk nseparabe from any involving either public
or private interests or public or private moneys AS
both legal ana efectual wind-up Of the whole
business there still remained what Is known
In the language Of the Courts as the settlement
OF the order-that Ia, q declaration, over the
judicial signature OF Judge Barnard Of the purport
and extent Of his decision Or in other words, whom
he enjoined ana as to what he enjoined them. IN
sophisticated persons the majority are in this
catalogue as to the way Of doing business In the
Courts-micht suppose that the judges would write
out their own orders, the suppositlon that they
would best know what they wished to order. 1t Is no
such thing Lawyers, In the majesty Of their self.
supposed superior wisdom, seek to relieve the
Judge OF all this trouble Yesterday was set down for
the final settlement Of the order In the Injunction
case against the city. The result was that tho Su
preme Court. Chambers where Judge Barnard Is OF
present sitting, was filled at the opening Of the
Court with the Same motley crowd as attended with
such untrlng regularity the several days argument
In the case. The array OF counsel who have ap-
peared all along put in a prompt appearance, Mr..
Richard O'Gorman, Counsel to the Corporation, re.
presenting the interests OF the city In It's corporate
capacity Moses Il. Beach representing the Comp
troller Mr.. John 81. Strahau the Deputy Comptroller
Mr. Bartlett VIM. NJ Tweed, Mr.. vanderpool Mayor
Hall and Mr.. Barlow, eX.Judge Barrett and Mr. A. r.
Lawrence appearing for Mr.. John Foley, the plain
OPENING OF THE PHocEEDrNas
Mr. OGORMAN said he was ready TO submit an
order drawn IN conformity with the recent decision
Of His Honor in the suit brought by John Foley for
Mr. BARLOW stated that he had lately been brought
Into the case, and would like little delay.
1 Mr. OGoRMAN answered that he came here to at
tend 10 his part Of the business rs to the settlement
Of the order IN question II was certainly the duty
had failed to do so he would take the inita.
tory steps himself He would not consent to any
lives the ses
pended on the settlement OF this embarrassment in
.ns Sy Inaaces we're TOO II to admit Of
a., in his view. was In conformity with the law.
AS for General Barlow, that gentleman might sub
saw no necessity for delay. and did not wish any
Tor the purpose Of preliminary service OF a copy
orders proposed to be submitted should be with ali
possible haste handed to the Court, that His Honor
might speedily do In the matter what the law re-
quired.
ArPExLs TO THE COURT.
= Mr.. BARLOW hoped that the Court would not be
Influenced by such appeals as had been made to 1t
here and elsewhere
Mr. O'GoRMAN wished to know to what General
Barlow referred No appeal had been made by
himself counsel for the city other tnan proper
for him to make or the Court to listen 10.
Mr.. BARLOW said he did not intend his remarks to
apply to anything said by the Counsel for the Cor
porauon, but outside appeals. the appeals IN the
too serious matter to be hurried through precipi-
lately, bnt was one requiring most careful delbera-
non. He then urged that the act OF 1871, better
THE TWO FER CENT ACT,
could not be Interpreted as repeating the acts OF the
last session authorizing the issue OF ccnsOls In pay
ment of City and county bonds coming due In 1871.
Mr.. O'GoKMAN said that when he had the honor
Court he Warned HIS Honor that he accepted the
Views urged gpo him o. eehpll p 1ks PsipIg ag4
rassment. Events had shown that he was 2 true
TO convince the counsel for the plaintiff that his
own views Of the interpretation Of these
that the Two Per Cent act did not repeal tine Consos
act acts ana he was now happy to perceive that
his present e,, learned opponent General Barlow
could be no difilculty IN His Honor's adopting the
form OF order he submitted In that order he had
Issued IN accordance with legislative enactmcnts
s sfUa'd ss oe app n 70 ne OF bonds here
THE ISSUE OF BONDS.
Mr.. STRAHAS said that in his order he had pro-
vided for the issue Of 900 900 consolidated bonds.
Mr.. BEACH insisted that II the issue OF SIS, 900 COZ
for that purpose was admitted to BIO legal, the
ISSUE OF the amounts necessary for the payment OF
such bonds would also he legal.
Mr.. OGoRMoN stated that the issue Of these con-
soils to meet liabilities for the payment OF bonds
be understood from the plaintiffs complaint
amounted to $4,000, OOo would supply the city with
about as much funds as were necessary for lis cur
rent expenses. He had understood MIR. Strahan TO
say that s14, 000, 600 was necessary.
Mr.. BARTLETT said that the name OF
WM. N. TWEED
had been stricken out OF Mr.. Strahan's order.
Mr.. STRAHAN explained, as the reason OF this,
that they did not seek any war against the Board OF
Mr. BARLOW SAID that he hoped the Court woula
not be inundated by the
THREATS OF RIOT
put forth in some OF the newspapers He considered
such inilmatiops IN the public priuts as highly Co
!econable and that they should be discounIenanced
nr. 0GoRMoN agreed with tue general views OF
.ne gentleman as sS sSpresed Rg soaS not sa see
dc hs9. Observed that the whole machinery OF inc
financial department OF the city government w9uld
Il had p been. It was his ain, and desire to set
1t IN motion again. and any suggestions looking
70 this end he considered pertinent 70 t1e subject
paper indictments TO riot seemed 10 him-and ne
spoke, OF course In strictly legal sense-as highly
asspsa as each coun rs s sab
10 the Court. Judge Barnard, being Intimately &C,
qusaea Win me yarSls points OF the case could
Mr.. BARLOW acquiesed In this view. He felt conf.
dent that His Honor would settle The order with the
TnE COURT AcrNo ON ITS own HOOK.
Judge BARNARD said that he should not probably
MN but would probably make an entirely new on e. e.
There were some matters he had Rot previously
assq into i Ss sa az sne o me
new order, and II not able TO draw 1t up Today would
certainly nnisn II tomorrow.