The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-01
THE FoLEY.pALMER INJUNCTION

Discussion to the Form OF the Order
Pleasing Amenities OF Counscl-various
Forms to be Submitted and the Final
Order to be Settled To-Day or ON Mon
day.
The settlement OF the form Of the order in the
Foley-Palmer injunction case came up yesterday
in Supreme Court, Chambers, before Judge Bar
rett. Both Mr.. Foley and Mr.. Palmer were present,
as also their respective counsel, Messrs. Anthony
r Dyett, representing the former, and ex-Judge
Edmonds the latter. Mr.. L. Delafeld Smith. the
Corporation Counsel, put in likewise an appear
aAceon behalf of the city, while Mr.. John 8. strahan
who invariably represents the Comptroller in all
his varied litigatIons, was on hand to defend the
legal tights OF the last mentioned Official
FORM OF THE ORDER.
Mr.. Dyett submitted an order drawn by himself.
copies ofwhich he stated, had been served on all
the opposing counsel This order, as he expressed
it, was drawa up precisely in accordance with the
previous dccison OF the Court, which was so
modifying the lrevious injunction as to permit the
banks to pay to the Chamberlain out OF interest
moneys In their hands sufficient to enable him to
pay the salaries allowed by law then due, and
to clerks and assistants In the Chamberains office.
Mr.. Smith said he Desired to be heard upon the
point that interest money. like other public
moneys, should not be paid either by the Comp
troller or Chamberlain, except as fmperatively
demanded by law, upon checks countersigned by
der should so provide and that 1t would be setting
bad precedent for the Count even apparently to
sanction the payment OF the public money in any
Mr.. Strahan urged the same view of the case
and produced an affidavit OF the Comptroller stat
incumbents OF the Chamberlan's ONCE upon
proper vouchers, and that he had so Notified the
Chamberlain.
Judge Barrett said that a provision should be in.
corporated in the order that the public moneys
should only be paid In accordance with the suyges-
tons OF the Corporation Counsel and Mr.. StrahAn.
PERSONALITIES BETWEEN COUNSEL.
Judge Edmonds said that such a provision was
cnnningly devised for sinister purpose.
Mr.. Strahan-N0t at all. have been perfectly
fair open and candid In this matter.
Judge EJmonds docking daggers, but not using
theml-If you frank now 1t Is the first time you
have been so since the commencement OF this liti-
Mr.. strahan docking sternly savage,-I have
not been In this litigntian before.
Judge Edmonds with sardonic smile)-I mean
the nHht between the Comptroller and the Cham
pMr strahan growing irate Il refer to that, too.
And then turning TO the JudgeD The remarks Of
the gentleman are.unwarranted, and his gray hairs
Judge Barrett tbrinping down his gavel with
marked empnasis)-rhis Is quite enough Of this,
Mr.. Dyett tseriously)-As far as Mr.. Foley IL con-
cerned IN his position as taxpayer he has only to
question now raised by the Corporation Counsel
and Mr.. Strahan Affects only remotely the manner
Of payment. with wnich Mr.. Foley has no right to
interfere.
Judge BARRETT so understand IL, ana do not
see what night the Corporation or the Comptroller
have 70 interfere. They are merely parties to the
suit but Mr.. foiey has the right to vacate hts
Junction II he sees ne.
THE FINALE.
After some further remarks IL was finally agreed
that Mr.. Dyett's order be submitted to the Court,
together with orders by Mr.. Smith, Mr.. Strahan
and Judge Edmonds, with any memoranda OF law
authorities 20 which they may respectively wish
20 call the attention OF the Court The probability
=. THAT the order Will be settled either to-day or on
Monday.