The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-11-08
UNITED STATES CIRCUIT COURT.
THE METROPOLITAN FUND.

John A. walsh, VINO supplied the sincws
Of war, wants His Money Back, and
Invokcs Federal jurisdiction.
Anticipating the decision rendered yesterday
BY Judge Monroe, in the Third District Court,
Mr.. Henry O. Ely acts on the suggestions there
In contained. and asks for the appointment OF a
receiver for the distribution OF the Metropolitan
Police fund In the hands of the CITY Mr.. Ely is
the cats paw Of John A. Walsh. who loaned the
money that kept up for so long the show OF re.
sistance made TO the legal government by the
Packard rebellion. Walsh wants TO recover the
money he liz out on this bucoaneering specula-
| ton, 30 he introduces Mr.. II. G. Ely, who, az 4
resident Of Brooklyn, invokes the Federal jur g.
diction to assert the rights Of his friend as enc
further removed from partisan prajudices, and
therefore more likely to preserve the Judicial
temper.
The suit OF Henry o. Ely. of Brooklyn, N. Y,
against the city of New Orleans is for sl3 000 as
set forth below:
The plaintiff says he 10 the holder and owner
OF certain promissory note for the sum Of thir-
teen thousand dollars, signed by q. q. Antoine,
the president, and L. 7. Murdoch. the treasurer
OF the Metropolitan Board OF Police, dated New
Orleans, February Ia, 1877, payable ninety days
after date,
no THE ORDER or John A. WALSH,
and by him duly Endorsed specially to plaintiff
without recourse.
Plaintiff further says that said note was exc.
cuted and issued and negotiated to John A.
Walsh for money loaned by him 10 said Board Of
act Of the Legislature Of Louisiana, approved
the Oath Of March, 1876, being No. l6 Of the acts
of that year; that said board, by said act, was
fully authorized to borrow the said sum OF money
Plaintiff AYERS that, under the provisions Of
that and other laws OF the State. the city Of New
Orleans was charged with collecting q tax to pay
the expenses and OUTLAWS of said Board Of Metro.
poitan Police, and TO pay the same over to said
board from time to time.
Plaintiff says that the collection Of said taxes
was continued by said city, aud that there il now
in the possession Of said city
LARGE SUM OF MONEY COLLECTED
under the provisions Of law. Plaintiff says that
he does not know the exact amount, but that IL
is over $4,000, aud constantly increasing by the
collection Of said Metropolitan Police tax.
Plaintiff says that said board did hypothecate
and pledge for the security OF said note the whole
Of the tax levied by said CITY for the purpose Of
paying the apportionment made against said city
by the said board for the year 1877, as will be seen
by the terms of said note. Plaintiff says that the
Metropolitan Police Board has been abolished and
all other laws maintaining the Metropolitan Po-
lice have been repealed, and that
THE CITY HAS NO RIGHT TO RETAIN
the said sums OF money 30. ~ aforesaid collected
and said city holds said sums Of money in trust
for the benefit Of plaintiff AZ the holder and
owner of paid note, and refuses to pay the same.
Plaintiff further says that he has been in
formed that there are parties claiming to have
been employed as Metropolitan Policemen who
are demanding that the said city shall deliver to
them the said sums Of money now in its possess
sion rs aforesaid. for the purpose Of applying the
same TO such claims as they assert to exist in
their favor against said Board Of metropolitan Po-
lice.
Plaintiff says that he Ia informed that the par
ties SO claiming are +. NJ. Daunoy, II. F. Swett-
imam and A. Brtton, residing in New Orleans;
that the CITY is ready to pay out the said money
in any way that
WILL HOLD THE CITY HARMLESS.
Plaintiff asks that the city be condemned to pay
to him, or to receiver. should one be appointed,
any sum of money now in, or hereinafter to come
into its possession derived from the tax levied to
be paid over to the Board Of Metropolitan Police.
That plaintiff be decreed to have lien and
privilege on said fund, to be first paid therefrom,
etc.; that receiver be appointed to take posses
sion Of said fund, and to distribute the came
under the order Of this honorable court and that
the city be enioined from disposing Of said fund,
except under the order Of the court.