The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-18
THE DEPUTY GUARDIANSHIP.

a
igsssa-.. -, &c.,. ~. 49,
The Injunction Asked for Against Foley
ny Chsmborlsin Pnlmer-Comp lction
OF tho Arsument Before Judge Bar
bour-An Early Decision Promised.
There was continuation yesterday before Judge
Barbour OF the Superior Court OF the argument
upon the injunction asked for by Mr.. Palmer. CITY
Chamberlain, restraining John Foley from as
Stunning to act as Deputy Chamberlain under
his appointment by the Comptroller. Mr..
Francis A. Palmer, the Chamberlain, was
present, as also the rival contestants
for the once Of deputy under him-Francis B.
Palmer and John Foley. Each side was represented
by their respective counsel, Messrs. ex-Judge Ed
monds and Abraham r. Lawrence representing
Chamberlain Palmer, and Messrs. A. n. Dyett, John
Strahan and r. w. Townsend appearing for Mr..
Foley. A the continuation of the argument was
only an enlarged repetition Of the previous argu-
ment when Deputy Chamberlain Palmer was the
applicant for similar Injunction, and which was
fully reported at the time by the HERALD It is I'M
necessary to give more than tho salient points.
vs. PRELIMINARY POINTS.
Mr.. Strahan opened the renewal OF the argument
BY showing how, under the Statutes OF ls4s, the
Comptroller appointed the Deputy Tax Receivers
and how. under subsequent act, he appointed
the deputies In the Department OF Public Works
Judge Barbour remarked, that after going home
last evening he found in his private library gen.
eral statute providing for the appointment OF
deputies BY their principals, except in cases where
the Nh 2' q Xa b provided for
Mr.. Dyett now entered on hts argument. He
said that having In his previous argument ex-
the merits Of the case, he would be BRIEF and con-
nne himself mainly to the jurisdiction OF the Court
IN the matter. He insisted that the only way of
" fr1ln IN
lain. In this complaint the Cbapberaln as
right. to appoint . deputy He did not
ask the Court to settle the claims OF the rival con-
testants to the ONCE. but singled out Mr. Foley and
TO assume the functions OF Deputy Chamberlain.
He insisted that before the Chamberlain could have
to appoint deputy. The relief asked for was that
Mr.. Foley be restrained from acting as deputy.
the te%pcrary Injunction must b part Of the
Judge Barbour-Just what they ask for
Me-. Dyett-But they cannot get what they ask
once. There il another aspect Of the case-the
appointment OF Walter b. Palmer as Deputy Cham
beriain. D ir 4
Judge BaFbOur-The appointment OF Walter B.
Palmer as deputy has nothing to do with the
present case. The City Chamberlain, having mil
lions OF money In his possession. alleges that the
defendant, under color OF an appointments and
and NEEDLES with the business of the ONCE with
danger to his pecuniary interest In regard to the
Whether Mr. Fos Is an intruder or po oes y
does 60 there: 1t can be assumed that In the a6-
sence OF the Chamberlain he might draw nom the
banks all the millions OF city money on deposit The
question is whether the defendant Is entitled to 10
and do what he does In the Chamberain's ONCE or
should he not be restrained temporarily ana by
decree -~
Mr.. DYETT CONTINUES.
Mr.. Dyett answered this question by saying that
Mr.. Palmer had no right to bring this action except
ana ssd that the had ne re sGSg
except by quo ud7Tunto. The Chamberlain's of1ce,
he went on 70 say was the ONCE Of corporation
troIer was the chic. The whole struggle was
really between the Comptroller and the Chamber.
tween Judges Davis and CowIes as to which was
elected to the supreme Court bench, and how both
cpsa the sns s
history OF quo 1GTranto. In England the title to
ONCE lay with the 1 King and in this country i lay
for by Mr. Palmer, he was, he urged, without legal
remedy. He could not do anything in opposition
tempt OF court. He referred to various authori-
ties giving what he claimed to be decisions in
analogous cases =, showing that the Court had not
could not pass 1nal decree because OF tts ma.
bility to pass upon the right to the ONCE. It was
people Of the state. There was . power above the
Chamberlain This power was vested In the Mayor
and oo%mosnaIsy o. the city Is the rspressnta;
procure some authority showing the undoubted
Jurisdiction OF the Court, His Honor should hesi-
law could be looked to to sustain the grounds taken
by the opposing counsel A decree could not be
BE insisted, in conclusion that as in case party
applying Tor an Injunction to prevent infringement
Of . patent. the Court. would have to send the
cases come solely within the Jurisdiction Of those
courts, SO In this case ne must send It to the At
ARGUMENT OF JUDGE RDMONDs. Tta i
Judge Edmonds replied, occupying nearly two
iteration OF his former argument. In bis legal ex
pericnce, extending over half Q century he had
s &c 'ssn,s when 1sS a. annually Sfs S Ssa
through the lands Of the Chamberlain
this was net all He had threatened. II they kept
him from the once, to 60 into the tomptrollers
Of the a Chanberlans ONCE There was more than
this His counsel now sought to drive Mr.. Palmer
ont Of H. Is ne sa
Ing ing Of deputy as defined By Coke. Finish
ing this preliminary branch be traced the
the time that $500 used to be- the cSa%SerlsIns
salary up to the present time He then touched
se sa given s
same security from both, and claimed that for this
reason Foley was not entitled to the once
Judge Barbour-Thaps an Important point.
= Mr. Dyett-Your Deputy Palmer has only given
$20Oo0 security, or rather offered bonds IN. thus
Judge Edmonds-Mr walter b. Palmer has
nothing to do with this case
Mr. Dyett-But your argument Is very singular
one, as by your own showing Walter b. Palmer has
no fight TO act as Deputy Chamberlain. TI-' 37I
Judge Edmonds--I have recited the law, and APP
ply it to MIR. Foley That Is the law, certain.
Mr. Foley shook his head, as II implying mega
tive TO the counsels statement.
ssYou may shake your head" said Judge Ed
monds 'but there Is nothing IN It."
THAT is an old joke ofCurran's, hundred years
old at least,u said Mr.. Dyett.
al know 1t" said the ex-Judge, 'butts application
L. perfectly appropriate In the present case"
Judge Edmonds In his further remarks answered
the arguments Of the opposing counsel in the order
Linz had heeU ADVANCED. Commanded