Newspaper of The New York Herald, July 21, 1857, Page 1

Newspaper of The New York Herald dated July 21, 1857 Page 1
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TH whole no. 7628. ora mmciPAi, teoubiis. I tim> oTnrrr nnuuioAiniiro nnuTror inc. oincci uummiooiuncn ujniLoi, KET1I1G OF THE C0IUH01V COUNCIL. Special Message of Mayor Wood. kETTW FROM COMMISSIONER DEVLIN. Oonover Still lo Ptsuwlon of the Office, and Octlin Still In Eldrldge Street Jail* ANOTHER INJUNCTION. THI PiY OP THE !HETROP?LITAN POLICE. Injunction Against Comptroller Flagg's Paying the $109,000 into the.State Treasury. Motion to Show Cause Why the Injunction Should Not be Continued. MMPTROILER FLAGG'S ANSWER AND STATEMENT. CONDITION OF THE CITY. , Seal-Annual Report of Fire lila vulaul Rolrov THE SEVENTEENTH WARD RIOT INQUEST, &C*i &Oi| &Oi HJLBEAS CORPUS GRANTED FOR CHARLES DEVLIN. fading the argument before Hon. Judge In graham, on aetaionclon agataat Comptroller Flagg, the Corporation Oowwel, Richard Bueteed, Esq., came Into Court, pre, i a ted a petition and obtained a habeaa corpus for Charles Dmkn, returnable beforo Hon. Judge Ingrtbam, at 10 o'ekok to-day (Tuesday). The following a copy of the pettion, writ, kc PETITION OP MK. BUSreiD. T> the Hon. Damn. P. Isukahsm, ono of the Judges of the Court of Common Picas lor the City and County of Na York:?the petition of Richard Busteod shows that Okarlsa Devlin la now held In coatodv by the Sheriff or the Up end County of New York, In the .ail of aaid city, and that he la not committed or detained by virtue or auy pro eammued by any Court of the United States, or by any ereof, nor Is be committed or detained by virtue of the tioal judgment or decree of any oompelent trltaaal of civil or criminal Jurisdiction, or by virtue of any eaeeutlon Issued upon suoh judgment or decree; that the cause or pretence of such imprisonment, aomrdtng to the beet of the knowledge and oelief ef rear petitioner, is that the said Devlin la held In costan under a certain warrant lesuel bv the Hon. Chalet A I'on body, one or ihe Justices or the Supremo Ootrt of (be Suto or Now York, or which oopy l< annex ediacd your petitions r alleges. as he bat boon advised and betavcs, that rnch lmpriionment la Illegal, and each war rah waa Issued without any Jurisdiction or legal right on VlM part ot tbo (aid Justice; that the annexed copy pettton coniaina a true mau mem of the proceeding ta which taut Justice adjudicated that be had power la Kane aaid warrant, and made tbo order thtl lb mm tbould laaue, of which order a oopy !? omtalnrd la said copy petition; and your petitioner haa aB beta informed and believes, that when raid warrant an 4, the ?a.d Oerlin waa under an injunction duly granted by your Honor, whereof a Copy la also annexed; and tM the bonks and pa era in said warraut mentioned were laa room belonging to the Mayer, Aldermen and Oommm 3 of tha city of New York, and the said books papers belonged to eatil Mayor, Aldermen and ( om ssoahy, and the said Devlin had no other porsetslon of IB same than such aa was coaoeciel with and grew out oh is official character aa direct Hwnmtsriooer of the city New York. and yeir. jeb lnoer claims that for all tne aeons her?uibefore mentlcued said imprisonment is 11*Vberefo?e, be prays that a wrh of babes' corpus Issue, directed to the perron baring Ihe ouststy or control of the F raid Charles Iwvlio, or to the rberiif of the city and MBBly tf New York, oomman ling him lo have the body at eeid i har e* I>evi.n wltb the bin- on I oat.-e of his taprl'onmrbt nefure your Honor at your chamber* in the Oty Hail of in- c,11 of New York, f< rtbw. h RtJUlKJ BU^TEED. Paled Nsw Yoat, July 20, 1*57. Oty and "onn'y / .Vie Tmk, ri ?Richard D .steed be Wg duly rworn raltb that the facte set forth in the above position subscribed by him are trae. RICHARD BUSTY <0. Swrn hrforr me, Thomas Hoses, Cocsmlaslooer of Deeds, MB 20tb day of Juty, 1HI7. MOTICC Of APPLICATION fom II41K4H CORPUS The people of the Stale of New York, on the apul'retfon d Rich are Buster a aga'.net James C. Wlllet, Sheriff of the dtf and ooun y of Now York hm?Take notice, that a writ of habeas corpus hat been hewed, according in law, to th* Sheriff of ihe city and meaty of New York, to Inquire Into the cause of Bs detention of Charles Devlin by means of a o*r. ??wiaa <\Wtmmr?il hv Vftll ffftm thT linn HhArlod A. Peabody, a Jnatlce of Iho Hepremr Oaur?, oo Ki'tir lay laot, which 1* returnable on the 'Jlat day or .lulf, 1151, I 10 o'clock in Ibe roreonon, Bt tb? City H*11 of the olty of Now York, before bio Honor Dante! P In grab am, (I rat Jedre of the Or art of Common Plea* for the city and noun ly of Ntw York. Youra, Ac., RICHARD BtJ-ttlKJ, Applicant. m t Attorney for aald Deylin To fiAHiet D Oimtrna, K?q Dated Naw Yobk .(oly 20, 1MT. WRIT OK HARK** CORPI*. The People of the Plate of New York, to Jamee C. WTlet, A>q , the dberlir of the city end oounty of Sew York, MMI-fi' command you tbat you bare the body or Ghariee Derlin, by ?ou Imprleoned and detained, a? It 11 laid, together wUb the time and oauae of aune Imortaoomeo! and detenu n, by wbatroecar name be'hall beewtbd or flfearked. before the Rm Daniel P. Ingraham, flr?l Judge of tile fourl of Common Plea* for the city and county of Now York, at bin chambera In the Oty Hall of aaid altr, on the Sat day of Jalr, I AM. at 10 o'clock in the forenoon, to do and reeelre abet rta* I then and there be eooatdere.t ooo earning blue And bare you then and there tbla writ. Wltneaa the Boa Jainei J Raoeerrlt, Joattoe ofSipmme Oenrt, the 30th day of Jnly, one thmieaad eight bundred art fifty leren RICHARD B CONNOLLY, nark Rjoumo R'vntn, Attorney. AOowed July 30, 1MT. D P INQRAHAM, Pint Judge. tROfin INJCNCTION ON A RUPPLklltNTAL COMPLAINT. Prartoua to the rtalDg of the Oouit, Mr. Daniel F Slcklea apgaariil before J idge Ingrabaia, and rend a mpplemon Ml neaiplaiat to thai upon which the former Inpinottoa war granted, and applied fbr an additional Injunction reetrmln tag the defbndaata la Ibe following entitled action from re Mertrg,or earning to i>? rumored, the beoka, Ac., l"?lnngMf to Ibe -Rreat Oommlsetooer'i office. The folio*In* la a aopy of the autvrnon The Mayor, Aldermen and Commonalty of the dtr of New York re. Daniel D Ooeorer, Cbariee Dertln, Jamee C. Wlltett. Rberlff of the e.lty ant county of New Ycrk, John II Pkrringtoo, Henry Btwtholf, and Darld P. PleM. AMI reading ibe computet In UN action, auppiemental to rbe original mmpla'nt of the eamepuintltUagalnat the drat three tefendenu aborwnamed, together with the amdarlt of Richard Ruateed, duly vnrirylag Mi* ram*; uitna no Hon of Mr Huetred, attorney for the plat Ml fit H to nrdrred thai the mid plaintiff* bar* learn to flic and pronernte ibn wM aopplementai complaint agalaat the above nimM 4* Ihndaotii, and npne the raid com plaint and affidavit It t? further ordered that U?o oald defendant*, John R. Ferrlng!"*. Het ry Brrtholf and r^vid Field, ahow aano* at a rpfrlal term of tbia C>urt, to Ha bald at the aiy HaM (/ ?b# rby tf No* York, on tbo 331 day of Jnly IwrtaBt at icti o'clock la tho rnrooooq of that day, why tboy an teach of tbrm, tbolr attorrrya and aaoota, and all p?r*oaa aOltt-g for or under them, rbonld not ho mitral t o. i by the injunction eder of thtr Court from ro hittog or oauilnf to. bo rrtnored lb* Hooka, map*, re oordi. dtcniHik and other property and paper* in tbo onM >nppleme*tal complaint menliooe I or any or eitner 01 them, and from Interfering ntth the ?amc or any of them In any meaner or way wbaterer; an 1 un II the dccteloa ol aatd Court granting or refualng aucn ir unction In tn# pre taaa It le ordered that raid Farring-on, Bertholf and rtrnd be, and tbay are hareby. restrained *? aforeeaid ' Of IMURARAM. Ftrnt Jndge of Vow York Common Clean. BCENEH IN THE OFFICE, ooworwn rrrt,L in nwunaofoi* or it?abb qi"I?t. At an early honr yeeterda y morning Mr. Oonorer. wlih attandante and friend*, re tie down and took poaacoelon of Ifea Street Onmmtsatoner a office, whereupon conalahl* rWiiagtoa and the rqnad rf Metropolitan police, who bad kept charge of the otHoa from Saturday afternoon, with drew Quit* a crowd ehortly after gathered arouad the Unit of Recordr, and d I mooted the rnrlona phaaea of the dtfllonlty In regard to the Street Comminrone*'* offloo. Some of the crowd worn evidently abnulder Mttera, ready to pitch In tf there war any mora, but a* the aun grew Mgfier. and tbo day warmer, there being no proape-l of a row, thny quietly dltperttd. In the Interior of the office there wae a nen*taa rowing and going, and an earneet oeoau'.lntloa between parti** grouped together In Uttle knot*. Mr. Oworer Ml I Ik priynto pfflpy of U? groat EN F. Commlsalmer. with Sergeant Coulter, of the Twenty recood ward, by whom be la hold In arreat, uoder the Tol follow dig warrant, laauod by Judge Weiab on Sattirda*:? Saw Yokr, July 18, 1?67. To tnn Wahdkn ok Tua Pity Prisom .?Keoeiv? and *#ep for enamln&iion the body of D U. Oonover, chargad he fore mi with mUilem. anor J. H. WEL9H, Police Juatice Offl'er Pai?i*k OAinanm, Deputy Hupertn endent or Ptilioo Mr. Corover, on Saturday, heerli g that there would be an attempt to arrest him, went before Juatlo- Welahaod dodvertd hlnuclt' up; whereupon the above warrant was lagued for this disposition of him until hi* examination Officer Carpenter handed the warrant ever to Sergeant Coulter, in whoso charge Mr. I Conover baa since remained lie will not t>e carried to toe city prison et all upon this warrant, but will, on the return 01 Justice Welsh to the city, be talceu berore blm for ex atniuatlon. This move wu designedly mtde by llr Con > ver, to keep himself In the personal cccupaocy of the Street Cor nDissti ner's office ; tiro to prevent himself from fallirg into the band* ol' his opponents by means of an ar rest. In the afternoon the occupants of theofBce became very cheerful and merry. rbere were tone dozen or twenty of them, who enjoyed themselves freely on account of their triumph. TUev sat coziiv talking together; not ipi iTcrm&n was in the betiding; there was the freest Ingress and egress, yet all wu entirely quiet and peaceful. No Important public business war transacted, n >r were any contracts given out. beoaute the Injunction of Judge lograham debars Mr Conusor from the use of the books an 1 capers appertaining to the office. The decision upon that Ir junction was expected to be given to day, hut Mr Conover was nut willing to wail the action of the courts in regard to the bonks, so he has alrea >y ordered other booki, to enable him to proceed at once with the bust nets of the Hi reel Cttn mine loner's office Several parties who auawered Mr. Devlin's advertisements for scaled proposals fur cleaniug the streets, which proposals the Comptroller has refused to open, owing to the dispute as to the legal Incumbent of the office, went belore Mr. Qjnovt r yesterday to Inquire what would now be done with their proposals?whether ho will accept them or not? The responses were generally such as to give the parties applying no satlsfacilonjor hope One of Brio's sons, after vainly trvli.y to vat a nromtse to secant his hid. turned to Oeoree T Rogers, the Deputy Su rerlnteadent, and laid?'11 would a huo ired per ceot aoooer see Mr. Turner In that seat man you I bare not the least hesitation to ex, reea my p-eferenpo, whatever other people may bare " The Deputy Superintendent gravely replied?Everybody baa bin preference. At four o'clock P. M. Mr. Oonever and attendant* left the Street CommWsloner's office, which waa again taken In cbargo by constable Farrington with a squad of Metropolitan polite. THE CLERK TO THE BOARD OF COUNCILMEN. The following bote was received yesterday TO THK EDITOR OP TUB HERALD. Orricn CuntK Board or Oorxciunn, > No. 6 Crrr Ball, Nsw York, July 'JO, 1867. j Sir?I beg to draw your attention to the annexed extract from your paper (the Herald,) ol' the 20thInst, rejecting upon my official Integrity ? TKEAl'MKKY 1.1 Till ROARP or COORCII.WFX The ordinance which ahould transfer the hooka ai"l papers of the Sreet Oummlaal' ncr'R office to the 'ounael of the Corporation choud have un-sed laat week There wa< no quorum of the Board for Thursday nlfbt when it ahould hare met by pedal call. The 1r charged upon ihe Clerk of the loard who designedly embezzled the no.leea after they had been drawn up and on their way even, It M a'ated. The entire article bears the Impress of bias, and without further comment from me, I trust you will be kind enough to make an unqualified retraction of the charge therein contained, which I emphatically amort was made without the slightest shadow of foundation In truth Your ob't servant, C. T. MoJLEVACHAM Tho ataUmcnt of the Hebai.d in regard to the notices ras baa a/1 nrw.n thn f/ilInmlna fuotd A Atnilmt Kv If* Deviln and other*:? 'ih? notice* had been nude and were in charge of the mesn-cger, Mr Ureen. Mr. Devlin, sixtoua that the reso in ton of the Board or Aldermen in regard to the booh* and paper* of the Street Commissioner's office, tho?ll be acted upon by the Beard of Couretlmen, called to aioerlaln whether the notice* had been r erred. Be leer net from the nil e*onger that they had not been sent out. He then volunteered bl* own services, as ho bad a number of borsea at hie service to send round with meeeengere. Thia arrangement was e?*ented to. and was about to bo put in operation by tho despatch of the notice*, wbicD Mr Devlin got Into hii po**etaion. Mr. Mc Ctenncban, hewever, entered and Interfered with tht* orrecgemt id. learning tbU Mr Devlin had the eotleea for delivery, he aditreeeedThat geeUemta, saying he bat got tome ' paper* belonging to this oOce " Mr Devlin said he h.tl the notice*, which he Intended to see dndverrd Mr Mcricnechan asked for them, and h? y were banded to him. Be then opened a drawer and locktd tht m there Mr Devlin et pustulated, indicating tse kbort Ume to elapse before tho meeting, noli del to take place on l!)o morrow. It was late In the afternoon Mr. MrClencchen had said to Mr. Devlin, on locking no the notice*, "You bad better atleod to your oillco and I will take care of mice." Mr Devlin's efforts to put the notice* lo better train for deltrory only resulted in an alter oation with the clerk, Mr. Devlin protesting against the obvious design in retaining thr notices, and callleg the attention rf those preeenl to the fact, adding that the inevitable result would be seen the neil evening, when no quorum would bo present. MR. DEPUTY SHERIFF VULTEE AND MR DEVLIN. Mr Vultee, the Deputy Sheriff who arrested Mr. DevUn, called on that gentlemau yesterday evening Besides the eipression of cordial feeling, Ma , Mr. Vultee alluded among other th'ngs, to the remark* of the HKKat.nl* regard to the hurried manntr of the arrest and the little oooelder* Mob shown la it to anything else than the quickest possible despatch or the matter of burr)lag Mr Devlin to the Jail Wbltot Mr. Vultee protested his kindly reeling Tor Mr Devlin, be tnoughl be bad not deterred the rejections on him In the Hkiuld. In a dialogue upon the subject, the feci* were, however, agreed upon flrtt. tbat tbe Itaue of the warrant and lie almost mutant execution atbUited extra ordinary despatch, and allowed Mr Devlin not even tbe privilege of p'rklug ?p bia private papera, or of returning back when ko bad got balf way down alalr*. for tome Ion portent matter of bla personal internet, which he deaired to give a mormnt'r attention to. Mr. Devlin remark"! that be wouid have anticipate 1, from tbe friendly rrgsrd existing between bimaelf and Mr Vnltee, that tho commit oourtery which waa allowed In all oaeea of arrest might have been exvnued to hlan- Mr Vultee indicated e?. bit excuse tbe nature of bin warrant and* lit verbiage, which read aa to the arreet and laprteoomi nt, tbat It be made "forthwith'* He atao raid tbat bad be not compiled with thia pwrrmptory ? te, be would have been prneectited, and be laOmated .net threat* of this nature had mured bla despatch. In regard to the state meat of the Hmuio, tbai Mr. Devlin bed bad no convey anoe, but ?u taken on foot te the jell, It e neared that an oiler to take a carriage wee ma le by Mr Vultee, bet tbU was to make the mora haate, sad Mr Devlin declined it. so be waa In hooee of meeting some friend or perron of hla acquaintance, that Information might be sent of hie poet i on to hia tamllv and bis frirnds, an wen as measure* taken to meet bt* io*ee and baelneat exigencies which, taken suddenly on Meturday, at noon, made It a very unexpected embarrassment or oourea. THE PAY OP THE POLICE. COMMON ri.PAK?gPWUL TlhM. atore Hon. jcog* myranam Jrkm hMtrntr-rk m drntr iaM C. ru& and otAcrr?Tb* motion to ?how nut why tha injunction ngn nat Compirol er VIicc Iba Polio* < ommtMlonara, to prarant Lb* payment <4 1100,000 to tha Itat* Trananrar for lh* Metro prditan PoMca ahouM not b* cootlnuad, wm argued y?* terrtay morning? M***r*. Collar and lannlnfa appaariof for Iba plaintiff, and Mcaara D. D. m*M and Wm c. Noy?* for tba dalondtntn. Defendant!' ooua**l pot la and raad lh# anawar of Ormpttrdler Flag* and a atatamant app*ad*d. aiao Um aarwer of lb* 1'oUr* OommlMlonara and tb? ordlaaac* of lh? l otnmoo Council, making appropriation* fur lb* y*ar. n*. Ft Aou'd iNnwaa. John ftUftrkk i*. >Vr?i*??di) Wuwd at <U ?A?*rtah C flifl, U>mptroilar, of lb* city of N*w York, aaawor* to lb# complaint? Itt. That tbia defendant hat no know lady# or Jnfhrma lion anflVlant to form a brllef whatbar tha p aln'IlT laorM i ot a miot or corporator of tho city of Now York, or reeldejl Uiareln; but whether ha la or not a.-rh corporator, 'ar payer or reaideat, thta itofandant deniaa that tbtt Court ha* any right to antartain thta actio* or any jnrtatint on orar ilia auojant tharaof, or orar thla defendant thorrln Jd That tha Board of the Matrnpnlran Pollna illatrlrt waa miaoued u* tba 23d day of April, 1S67, and that tbia dalaadant waa on be 2Mb day of tba eald April tarred with notlca fiom tha aatd Hoard of Pnllca that they had *o oryanlrad, and rr?|tilrli>g him to pay laid tba Mala traanu ry, an a part n( tha pnhoa fund, tba an ma of money coltriad, and to h* rolleo?ed, nnd not expended, fbr tha pur Bfturi nf i i.tip? ftf ?hi* nilv tti Xt*m Ynnk dd That the whole'aYleyr fbr the city of New York for the year IbM la about *?,000,C<K?, of which mm there hae been apprnpriated by ordiou/r of ibmmo# Uouactl of the raid raty. 'or the uae of the Police department for the ?a<d rear, $??>,ooo that the raid lerr hm not yet been f-ollected from the latpayrya, but that afalnat the aaid amount thia defendant bte borrowed In the ueunl way and by ibe authority of the Common Council, and in cnnrtpatton of aticb cotleetlone, Iho aura of M,000,000, wblcb le at pllcaole equally to all the appropriation# made by the C ronton Council; that be hM already expended of tbeaaid ponce fr.nd about noO, not Inciudley four drum, amounting In all to about Mo,000. recently drawn for pay of the Nnnlclptl Police, but that including inch dra'U the Metropolitan Polite rnnd la entitled out of the money borrowed a* aroreaald to at ea>t the anm of ttCO.OOO, an l at UMt that aunt le now to the city treati'y appltdabla to tBto purpoee 4>h That the Board of Poftoa for the Metropolitan Poltee rietrlot of the (halt of New York, did, in the alter part of the month of May, I*ft7. appotloo the ?,.m o" money re n> if lie Mil needful to be roteed by the ctty and nouaty of New York and by the city of Mrooklyn. 'or one year, for the pnrroeee of the aal to eata iitak a Metropolitan Poltre Tbetrtot. and \o prcxl le fbr the aoreryment thereof, paaaed April 1A. 1857. and dtl by inch apportionment (It and de termlne opxn the anm of 11,078 085, and requlaite and aeedfnl to ke ralaed by the rky and ooonty of New York; and did, m thia defendant la Informed and betterea, forth with fir* Mdcw of inch apportionment to Uw Beard pf WTO MORNING EDITION?TUE H>ipervi?or? In the county or New York, and to the Jom Board ut Supervisor* and Vdermcn of the city of Breot 1.. n and county of King* reapec tvely Mb That tbo borrowing In anticipation of 'ho collection* from ibe tax** baa been alwav* dooea'n e tbla defondant baa been Comptroller of the city of New York, which he bar been for four year* and upw ir i?; thai It would be 'tnpondble to conduct the h-inlnew o' the finance cepartonent?lthont recourse to rich lotus m aadcipatnrn of the revenue. and that the mon>y paid Into the treasury irom such Ictus Is and has alwsvg been regarded a< Ibe subs 1 tuts and eqnlval' it for the proceeds of the lax-w; and that if the monei a ready borrowed lor the police lend 10 advance of the tsxea cannot he disbursed for th t purpose, It trill lie idle, while the city Is |>avtnr the Ints'esl on the b an already obtained Fltl-fl fc Sf.U YTSR, Attorneys for dolend tnt Klagg. Cuy and County of f/rut York,.? ? Aitrlah C. Flagg, ono 't the defendsuta, being sworn, sa s that the forefoirg an swer Is true ol' bis own knowledge, except as to matters then it stsied to be on bis information or belief, an J that as to those matters he btlleves It to lie true A. C FI.AQ3 Sworn before me July 20, 1867. A S Caiiv, Co minis stoner of Deeds In addition to llr. Flagg's answer, ha makes the following 8TATKM1NT. The lax levy of 1867 la compute 1 at eight millions. In nMcpahoo of this lew we have borrowod live mil ions? ?<l<<a) to B <e eisbtbs of the levy of 1857 The police fund is entitled to live eighths of the receipts into the treasury on acco <nt or the levy of 1867. The snm appro iriated for the police fund of 1867 Is $825 (XX ; Ave eighths of this is a little over >600,000 At tbi rinse of April there bad been expended of the amount of ibis fund thus brought Into the treasury the sum of $2- 1 PtO 05 The Comptroller was nolifto 1 of the organization of the Met'opoli'an Police Commit mod era on the 26th of April. The Comptroller paid to the whole of the old police force, includlrg the men who bau joined Ihe new Oramiseionur.s, about Sod,000 from this fuml, covering two pays, to the 23d o' May This was done with the assent of the ne * ComTiisi mere. This left In the treasury on the Brst of >uly in ?t?ti?uio (fuiio iuuu ui rtixtvuu n uou, wore fore, tbe Comptroller proposed to 'he Metropolitan Commissioners to draw a warrant fir <100,000 to pay that rum Into Ibe treasury to enable tbem to pay the police force under their command, and at tho rame time proposed to draw warrants on the p lice fund In '.be ctty treasury to pay the new and old force who were dtsbasded by the Mayor on the 31 of July, there was a balance la the treasury belonging to raid fund of <10(1,090, made to Ue new Police Commbslonera. The propoaliion by the film trailer nan ?let. To pay the disbanded force The Commi?alonont assented to tbe pro petition In tbla form, though they might bare orevented It If they had objected to tbe payment of tbe old forco The warrants were a.-cnrdlngly drawn far <100,000 and far <".1,000 for the piyment or the first eigl t war Is or the disbanded force, and both warrants are simultaneously pre aented to the Mayor tc rounteralgn. A'ew York C< mmon Pleat.?John F\Upatrick st AtariaK C fUtgg and Others ? Azartah C. Flagg being duly sworn, deposes and says th?t the foregoing statement Is oorrect. A. C FLAGG. 8worn to before me, July 20, 1867. A. J. Cady, Com missloner of Deeds. answkb op tiib police commissioner*. The Police Commissioners, in their answer, say :? 1. That they have no knowledge or information sufficient to form a belief whether tbe plaintiff is or is nit a taxpayer or corporator of the city of New York, ir res! dent therein; but whether he Is or la not such oorporator, taipai er or resident, these defendants deny that this court has any right to entertain thin ac ion, or any jurisdiction over the subject thereof, or over the defendants therein. 2. That the Board of Police of the Metropolitan Police dlstriot wan organized on tbe 2rth day of April, 1867, and tba< notice of auch organization was served on the dt-fea Uant, Flagg, on the 26th day of said April, by these ilefon dants, and in and by said notice the said defendant, Fligg, was required to pay into tbedtate treasury, as a part of tbe police fund, the sums of money collcced and to be cellooted for the purposes of tbe police cf the City of New York, and remaining ibere unexpended. 3. That the whole tax levy for the city of New York for the year 1867 la about eight millions of do)lar>,of which Rtint ihpra* hu twain Annrnnriaijwl hv flrnitiAnrpj nf thA Common Council of Mid city for the one of the Police lie pertinent for tbe Mid ytar, $8126,000; that the Mid levy hu not yet been wholly collected, out that againft the mid amount, the defendant, Flarg, baa borrowed la tbe umal way and by authority of the Common Council, and In anticipation of aucb oollectlona, the ion of $6,000,000, an there oefendanta hare been informed and belie re. which tr appropriated equally to all appropriation made by the Common Council, that the Mid defendant, nagg, bu alieady eiptcdtd of the raid Police fend about $362,000, not InciodlDK f>ur drafla of about 190,000 in all, i ecculy drawn for the pay of the Municipal police, hut that Including auch drafla, tbe Metropolitan Police Fund la entitled est or the money borrowed aa aioreeald, to at lraat tbe aum of $100,000, and aa theee derendema are Informed and bellete, at leaat that anm la now In the City Treasury, applicable U> ttial purpose 4 That tbe defendants, aa an*.h B^ard of Police Com murloner* did, In the latter part of tbe year 1967, appor tlon tbe iudi of money requisite aod needful to be retrod by tba city and county of New York and by the cl -y of Rrorkly n In tbe j ear 1867. for the p 'r poeet of the act ea labll?biog a Metropolitan Police dlatrlct, and to prorice far tbe yorrrnmrnl thereof, paaaed ApM 16, 1857. nut did by aact apportionment fl* and determine upou toe sum of $1 078 036 aa rrqnirlte and needful to be ralaed by tne city and county of New York, aod did forthwith glee no ttoe of aucb apportionment to tbe Boarl of 5> i|>e'vnora in tbe connly of New York, end tbe j dot hoar da of ifuperri torn and Aldermen of the city of Brotkltn and King* c>un y respectively, which apportion nent did not exceei the mm oecearary to maiolaln i>olife ancntnmodetlnow and the police force tired and emptor ed wtibln tbe city and county of New Yo> k according to the action of the Board of Purrrnrore of raid county. That tbe borrowin f m anticipation of the oUecUoae from tbe Usee baa been al vayi done atoce tbe deiendant I egg baa been Comptroller of the city and county of New York, which ha* been for four tmiw and upwtrde; (hat It would be lmroeetble to conduct tbe bunintea of two finance department without recourae to aucb loaon. In au lictpaticn >f tbe revtnie; and ibat tbe money iwtd Into the treaanry from anch loans is, and hart always been, re yarded aa the eubrtitnte and equivalent for the prooee teof ihe lixae, and the debt thn* ore ?ted made a charge upon the laxee and that tr tbe money already borrowed fbr the Poller* Fund, in advance of tbe taxre, cannot be dlib iraed for that purpoee, It will lie I let while tho city ir payingtbo iiucrtti i>d tne loan airnaoy eniainen FIKL.0 ft *1 UYTER, Attorneys for d?feodanta Draper and others Ctly and IVuft/y < / dm Fork, u ?Ura^ Biren, one of lb* above named cvfrndanta, u;i that the firegoieg an war la Irne of bla owd knowledge, except aa to tbove mat lore which are therein stated to ie on tie Information ant belief of ibe tald defendants, and that at to ?bo?e maters be bet evea U 10 be troa JAME* B"*KN. Bworn, Jaiy 20. 1167, before me. M. N. Jn.vaa, Com mliatoner of Deede. Mr .leaning* opened hta argument by readlny the 27th eectioo of the Metropolitan I'olleoaet, and the plaintiTa complaint being taken aa read, tald that be appeared t j re ttrI the Illegal attempt of men In high office to violate the law, by drawing >100,1*0 from a trnaanry already over drawn?for. aa tbe oi mplatnt alleged, all tbe moeeye col leeted for l?>6rt bad been expended, and foe the year 1857 no moneya have been collected, nor will be until tba mid die of September That tbe aald aectmn peorldea for tbe pa; meet of moeey on aooounl of tbe Police Fund, only wben or llecled; that tbe rtalemrai of defendant. Klagg, that tn anUcipatjo] of >\000 000 t? be oollened. >5,000,000 bad been borrowed upon revenue bonds. and that tbe I'd Hoe Fund waa entitled to one elf btb of it. and that over >100,COO ibould now be In tba olty treaeury, waa oafblr, aad Intended in deceive Am tbat part of tbe plaintiff's complaint, which alleges no fundi in the CVy treaeury aat net only true, but that tbe treaeury la actually overdrawn lo tba * xteal of over >500 000; tbat ao ; art of the >5,000, 000 borrowed baa bean placed lo the credit of the Police Fund apecialty, bat wan placed In a general fund, ant baa all been drawn far and vwwi It la now the Jem re and mm of Comptroller Flag*, without author! y of law therefor, to extract >100 000 fr >m an ex bneated treaeury, aad place tbe name to tie hand a of tbe rreeenrer of tbe Board of Police Oommlwionern If tba flee I agents nf tbe city will aa forget their duty?will o far dtaregerd their oath of office, and the lataraala of lh> ae whom It la their duty to protect? It Irecomra the peculiar duty of Ibo oouria lo protect the interest* of tbe taxpayera, and to real rain titna# tleral agents, by Injunction, from unlawfully dlapnrlng of or Being cttv funds It la, porhapa, to be regretted that tbo Dtcovalty txlvte for ua to compel three ofllntala to folio e Ibe plain path of tbair duty ta tbla manner, but their wll lingerer and evident de?lre to trmmnirliM the Board of follce Oinmbwioiiera with 9100,000 wlthont th< tanetton or authority of the law therefor, taakea It Incu wheat a poo ue to ark the relief applied for la thla oomplalnt, and th?t Uir defendant* he re?tralneit la the meantime Mr. Field adrtrrarrd the Court oa behalf of the defend aala, aad ruhmltud the following polata roitrf ton th? on run i> a nrs. F1r?t-Thla orrart haa no jurltillnttoa,heoaoeea taipayer cat,not ??e hetc to ren^ala the performance of an act by reaaoa of lit alleged ellect upon the corporate treaaury. The Supreme Conn In thlt dtrtrlct, It ta true, haa once arwerted the right of a tat payer to aue Tor no Injunction to pre rent an act which waa raid to la'ireaee the public burdena, or leaeea (he pnh He taeanr? (IS Barb , 9f.;, Clirt?Utpher again*! the Mayor of New York ) But ihla dretnlon haa nerer beea mender! to anr ca?e where tha corporation waa not a party, aar haa beea repudiated by the Superior Coon?(9 [mer, 9OT ftarlr agl the Mayer)?weakened hi the Bo prente (Part I rrlf, (Arkenhurgh agt the Mayor, &n ,) and overthrown. It la aup|n?ed. hy the Oontl of Apoealn In the ca?e of the Attorney Central agt the Corporation decided In Ikcrmbor laet Second?Thin oonrt baa do Jnrtedletloa, beoaiure the corporation la a neceaeary jwrty, without whoee preaenoe hal (u>de, ree 122); and If tin norporatlon were bromfht li, IkM tkr wort would bare no jurledimno, booau oil bee not Jurtadicilen of an union ayainet e corporation for hi injunction (('ode, roo 33, tub S) third?Tblr court baa no j jrladle .Ion, beeeuee the po eer to enjoin ntBcera, inch w> the Police Commteetnner*. eiliti omy in the Supreme Oourt, to bo exerclaed by tbe (JonoraJ 7etm rf that Cam, after notice to the oppoaiM part; (low* of 1**1 chap 4*8. t Knurlh?If tbe Orom had J ledletton, the Injunction could not be if netod, Iwcanre there la no poaltlre affluent on bleb to treat It tbe affidavit anneted to the com plaint la made merely on infurmat'on and belief, whi^h hae alwaja been deemed inaofflnent to auaain an laJnno tion. Kiftb?If there dlfflmltlea were out of the way, the to junction no -Id net ba aopported, heoanee here are ao rncrita in the appHrai.ee Tbe queaitnn la 'Imply thie Tbe U7th eeitlon or the I'dllee act declare# that the eoma of m-wto* col tented by the reaprffllve rltlea afttrewaid, (few York tad Brook it a) for the pnrpcrea of poltee Wiereto dminf the year* 1Mb aad 1367, and net expended la the rea RK _B 1SDAY, JULY 21, 1857. pecUve treasuries or the raid cltlee," shall b? pout nut of the SU'e treamry ax a jiarl of tbe pollco fund. Tbe turn collected for lt-54 was exhausted before the passage of the act Nothing by law, be colUcted from tbe taxpayers for 1857 till the Hit of September. But It has beeu the Invariable practice, to borrow in anUctpaitoQ of the taxes, so soon aa th> tax levy baa paaret tbe lx>xi?la.ure. Ibe tax levy for 7861 Is upwards of $8,000,000, of which more than $800 / 00 are Tor the police. In autlcipa.ioe, aa usual, the whole machinery of the city (overnment during tbe year has been carried on by means of loans? tt, 100,0C0 having been borrowed; of wh.ch a proportional part, oyer $500 / 00, are applicable to purposes of polioe. O' this sum. only $62,000 have been expended Tbe balance remains In tbe city treasury. Must it there remain unuod wbl'elbf city la paving interest for it, and the policemen be put off till tbe collection fron taxes in September and alter wardrf The Ooroptrollar and "cllce Gummisslnnera submit tbat such Is not the true construction of the acta 1. Ttie act aas passed ou ine torn 01 *p-|l. it req .iron the policemen to bo pa.J tnim'.taly (?oo. 23). The Ui law makes i be collection" of taxes to begin on the tlrtt of Sop lember (Laws of I860, cnap 120) It was plainly not the. intention ol the Legislature that the mm should v,-ait til! September or October lor their monthly pay U in. tuoro

fore, to be presumed that the Legislature intended toe payments to be made as usual out ot the funds raised in anticipation of I be lax collections. Too whole act Is to bo construed together, and ail parts are to have effect, If pan stble 2 The eourse which he Comptro ler is about to pursue is the one which hs\ always been purtuod in respect to the city expenditures. The legislature is to be auppoe d to have known this usage and to have acted in reference to it In conformity with it the old police has been paid; the Mayor fca? been paid-, the other city officers dive been paid; tbe Judges have recetvel thulr salaries, and it would be hard and Invidious indeed if the new policemen are not to have the bene lit of the same constriction. 3 Toe money is in the city treasury. The city must have tbe light to pay it away for the satisfaction of Its debt*. 4. If the money In the treasury be not monoy "collected" for tbe purposes of police, it is money receive! in lieu of the money so to be collected, and received under sa ordinance passed by the Common OouncU, pursuant to which tbe tax levy act was passed, (laws of I86i,cb fl?,) one which the Legislature had bafore tt when it >v*a.as,si lh* Maui r*hnmfsas> tho thlelir thllfi MPilAll Of tfhirh authorized the loan. 6 But money Borrowed i* menejr collected, within the meaning 01 the 27th eectioo of the charter. The language ? not ''collected from taxes," hat collected foi theptrpnseeof police It la In the sense of the act oollocted when it la got in trom lender*. In anticipation of the taxes 9xLb? For each and all of tbe foregoing retains the injunction ought to bo ret used, and tbe men upon who ji our daily protection depend* ihould be paid without further delay. Mr. N'oyes followed, brlttly arguing that the podce law required the policemen to be paid monthly acl tint thereby a debt waa Incurred whlob the city won booed to discbarge, and which it could do with any m?uey ,u Its hand*, to be repacei by ful-ira oolletiiuca, aa waa utual with all the city .pay men a. If this were not to, the city could be aued at tbo clnae bf each month by every policeman, and merest and coat* accumulated. That aa the city bad the power to bor row money, it could lawfully anticipate the collection of tbe police appropriation*, and that, even if the injunction were a mutter of discretion, It ought not to be continued, aa no lDjury cruld reiult by in payment, but great loan and injury would reault. not only to the policemen, but to tbe city, by preventing iu being made MK. CLTLKK'8 RKPI.y. Mr. P. Y. Cutler replied on h? half of tbe plaintiff? After reviewing the poll t? on lb*other tide, he contended, V rat, that the tilth ae Hloo of tbe Metropolitan Police act Provided for tbe payment of the polloe out of tbe I'ollc Fund, to be collected by tax, aa provided In tho 20th section, and the S7ib section apeciOcally referred to thai inn when collected. Its terms being ?" Such several cum* of money rrovided for by tbe preceding section, when ool looted, shall be paid 1st) tbe treasury of tbe said reaped tive cine*, and shall be styled the Police h ,nd." Tbere Is no sutborlty conferred by any act of the legislature to dr*w money for the payment of the Metropolitan police, and the raising of money by such means la by implication inhibited by Ibe 27th section of tbe police act Second. To raise money by a fund, it woa'd be neoaaaa rv to insert a new section in tbe aei, ansc'OcsUy autn Prizing the mode ef creating the fund. Tblrd. Tbe rund, tf collected and paid Into the Slate treasury, could never be paid out agmtn, because tbere la so enabling eause making a distinct application of tbo money ; and by analogy to the rule which prevails In rata tion to Stale appropriations, and whish is contained tn sac 8. a>t 7 or the constitution of 1840, the Comptroller wool! not oeem himself authorized to draw any warrant for Its payment. Utat lection provide* that "no money shall ever or paid out 01 uir lessors o" uib -ww ur mv ui w fun?s. or any fundi under it* management ?ioept la pur nance of ippreprlalu.il bp i?w - ? and every tucb law (ball dlsttnctlr specify the sum auproprleted, and tbe object 'o which It is to be app-oprtated; anditibail not be sufficient for lucti law lo refer to aay other law to Dx such mm " Nor can the Metropolitan i'lline bill be deemed an an.iropnation old. In aay ?ea*e of tba term, for if ao. It would be uDTODKtllutlonal Art. 1, aec. 9 reqmrea the aaaeat or two tbirdi of toe member* elected In evch branch of toe legislature to every bill appropriating public mooeya or property fbr local or private purpoeee Wbntber, thereforr. th<v be oonvtdered aa a Stale fond, applicable to the pi) merit of Sute officerv, or a -bate fond, for the payment of local "tit*. It la equally Inefficient to place tbe money la tbe band* of tbe Metropolitan police. Tbe bill nettner metre# a d atlact approp'ia too, aor waa U passed by teo tblrda of tbe Mat ire laatlr, upon every rrourd of public policy the paymeol or money by pabPa oflteeva ibould be required to be made alrtctly in accordance with tbe law. A vloUtleo of tbe statute leada to a looee management of fiscal afTa ra, which lend* to encourage d? fabaiinne; and Tor iboac defaloat on* at all time* excuaea, aa appreciable at thine urged on the preevnt occavim, may be prenentsd by tngenivjn oounvel. it ta Mid. continued Mr. Cutler, that tbe rood ! to pay a meritorious claat of persona 11? m udous tbu they should be paid a* the oounvel can possibly be; hot their payment iho i'd not be made aa apology for violating the specific statutes of tbe State recta on rat erred until to day .luaaday 1. THF. TROUBLES OF THE METROPOLITAN COMMISSIONERS. Hoy. Klsg arrived hare In vipreaa baata from Albany, having started on Saturday night, immediately after Hie resignation of Police Commissioner Draper bad been received. Yesterday morning be bold bin levee at tbe Astor House, and was visited by a busy throng of the black republicans, all la tba most anxloua state u regard w 'an aiuwj i ??i? tumiiiPiaa aww, RenMee Ihe arrtv.tl of Hot King, Thurlow Weerl *n| a lumber of other* of (ho black republican ana Know Sitting pnlttctan* of the tlhaoy regency arrived hero a Inn, In bet ban to, In regard to tbo him matwr?the rmlg natif n of OaanlMtonnr Draper. Weed him*eir proceeded to White *tr*et, where the four remaining Cnmmimtnanra were in iet*loo Cholwetl bad been voted to the chair and noise trifling topic* touched upon, among which wa< the reading and meant to the fallowing revolution* ? Whnrnee, the Mavor of the Sty of Sew Tort haa re' , **d the no*ini rr of the.niee of the late ''htef of I'ollee to tn* H er* of foilrr t'ommW.itien, and ab?rea?. the piih'le I* terrtl# rvu tire the ratabltehaant of the vleetrtatelegruph faith WilB; h're'ore, fUnolvnd, 1 hat the atati-m bo one onrapted tig the rtomiai* itne*r* ta Fraehttn oireet he d?teg OP aa the Depute Boperln 'eedeet .1 tianer-. aad that the eteeuoe te egraph belonging to the Pol tee Department he removed to dial hniMI ig Rranleeit. That the (lee or at ? nperiatendeat he directed to eattae pey-pealm ad' pteil to ha*? the'aa to regnrd to >*grao *i?d rtrret b"gging rrWtj enforced tarotigbm t the tarerai rr>-ploe?a of Sea tork aad Br<okl;n. That portion of thene rmolatloo* which beniw apoa the removal of the telegraph to Chpontn Carpenter'* Fifth ward nation bonne ;-re mate a fh<* c.haractevletie of the manner in wh eh the Police Onmrntamon hm dealt with the city at thornier. The Ma) or of the dig hae net heen aaked, In any nhnpe, for the telegraph, nee aa* there from the Irnt any purpoae to make *ooh a demand Meeert Carpenter and Draper called on the premleee and demanded poetee nloo of the late Chief'* oft'tne. Upon finding that theee nenn co*Id net he A> procured, n mm lama* am lbr>*1 reed, nntll Mr laaper't reeignatton Ihe nolicr an- th?n i hanged A policeman am *ent to the celiac* of the City Hall ard upon drmandtng the leWgrapb <>llloe, w?a rarer red to the Mayor The potto#man did not *ee fit to make ibe den and of the Mayor, but brought to the. While *treet Hoard the ameer of the Clerk of the Dog round again Upon thin the above renolutton am pa*-<ed. Up to yeeterday afternoon It aa# underabol that no ap I rtacb had been made to a netllement of the matter a# to Mr Ivai-er * re?t#n*itna Unmtn waa hu*v with the naenee i f vnrioue candidate* to fll> the taoeoev, ud all ?h? nW romoetltorn of Draper bete beea eibumed and eut on iha c/uirre ol e? more 1 lobar t T lie wee. Jmm KwMy en I ntben wore talked of a# In the aati Draper Internet, whllet (itnrral Mall waa aald tj have pledged for him more at lenrt Iban toe rota la the Hoard There la elan a g-v?d deal ?( talk la regard to the prohehjlittaa ea to wbetbe ?i re-or BaretneyerJ an Judge Whiting, or tome other nmilar democrat might ant be nominated to the ofllee. Th* matter la, however, arranged no thnt It nhall ha naoer tamed flrnt that the party no nominated aa a democrat (ball not b? willing to terra. THE METROPOLITAN POLICE IN BROOK LYN. At n meeting of tba Common Council la?t evening the Mayor rubmtttnd Utn fbllowlig communication -n relation to derignatlng the number of patrolmwn fbr Brooklyn ? To tun llonoaamh inn Cow?-<n Corn'tt ? CtWTt nww?Allow me to call jour attention to the ract that tec A of the net entitle-! "An Act to aatablloh a Mrtro iinlltan Doltoe letrtct." Ac reared *nrli tft makea il oncnaaary thal'tha Ooasoo Uoonoit ahouM tfotnralM tha oatnbar of pnllr? patrolman In Oa ap(*nntn1 a* a quo* of tba pnlloo fbrno in bo paid bf tba city of Brnotlya f| ?? ma In ma b??hlf dortraii'a ihal Iba Onmmnn room?It rhomd taba prompt art loo to r atari In tha rorrant J oar, an that if H rbmiM ' a taama<i adrtaal'lo In rontlona tba praaant Bum ar of patrolman for lha ha lanraof ilia ?aar, tba daOntanoa hft wtlt a rim may n# inctndad la tba ' ndfat fhr tba year IW II ta aqaally la fl-thta thil tba Hoard a boa 11 at onna datarmloa npoa Iba antnl'sr of pairolaaat fbr lha ?aar UM R partfallf, SAMUEL? POWELL, Haft*. AMarman Tap ??r?rr ollbrad a ranohitlm to dntormlito tba nrmVr nf patrolman at IM AMr'ian Chuh moral to rafbr tba who la auhjart to lb? P?BW OowtMw, amt ?m gaftfaA [ERA BOARD OF ALDKRMBN. The Board of Aldermen met Iwt even.ok at 6 O'clock. Alderman McBped n, In the abteoce of the Preeiden'., tn the chaj. Tine orriftc or tiik lin <iii?k ok fouii. Alderman Wuson, or Uio oomm won 10 wnom was ro ferredtho reroludon (ogive tho apartments lately occupied by Chief Maine: I to the Deputy Superintendent of tho Metropolitan police, togelh tr with the fixtures and ajpa ratji nsed by him presented a report. With a few over v aliens, the committee state that without going farther into details upon the subject, theyeubmlt for adoption tbe following resolutions'? Keiolved, That tbe telegraphic apparatus and ether p lb j ic property now In tbe basement uf the City Hall be gt 'en or the uro of the Police commissioners, to be attached to iheir beaf quarters or such place as they may runt for a j geneial cWiue. Trholved, That the aeertments to the basement of the OHy Hah, formerly occupied by the Chief of tho M iclciI a. police, be assigned to the Superintendent of Repairs ami Pnppliee, nun such other bureau as tbe Coui nou leuncii may airoot Alderman Tt cjckh raid the committee made a report bat they were not authorised in tasking. The resolution appended to tho report gave the roens lately occupied by tbe Chief of Police to the Commissioner of Repairs and Supplies Who was tho (/ommtMiouor of Repair* and Sippliesf There was none He thought the Police Com mirsionrra should have ibut office, anu he would like to fee some gone rearm? ln )e|>endent of the report? why they rhenM not Kave It. The report did not relate to the subject which was r- 'erred to the committee on which to report. He *as pretty well satisfied that if that report were adopted, more Injunctions would be tbo result Tho late Chief's olllco was tho projair placo for tho Deputy Sc net intend cm of Police. The PRwunaMT wi'bed tbe gentleman from the Eighth, (Tucker.) to con doe himself U> tbo subject. Alderman Tt cki.k rnpl.ed that he was endeavoring to ehow why the report of the r'mcniltee was not in relation to the subject referr? tl to tHem. But be would move to refer tbe report back to '.ho committee. Tbe Ibtssii'tM pu tbe question Alderman Stksv hoped tbe motion would not pass. Tbe telegraphic appara u* could be :.tted up in ball' a day in any place tho Coraoils'i mors of Poll.se m'ght designate, and there was ro use fight tug about the Chiefs office; be sides it bad already been appropriated to the Stree. Commissioner's department. Alderman Mov*.ham tbiught the report of tbe commit tee was a proper one, sad he hoped it would not bo thus referred. Alderman Wiisom said the proper place for the Deputy UimMlntdml nnt ?aa at IKa tioarloiiasloas rtf (hit tmntlll. f toner*, and not In the haseimnt of the Olty Hall Alderman Rirnt favored too referenda, which being pat. *i" lost. The i|aeetion on the adoption of the report was then adrpteu. by a vote of 12 to tl. SLAT KM fOR INHIHMATION AT Tin STATION nOl'sV A rt solution by Alderman Adamm wan a tooted, direct tng the Htreet Commissioner to bavo a date, with the name of the City Inspector and Health Warden ol eacb ward placed In evert nation hnure in the city, for tbo In formation of the public, and for the purpoee or receiving ?uch complaints a* may be made In caae of Deflect on the part of the contracture for cleaning the sUcot* in perform iB| their work. thk cp Town post omn, A resolution ?ae presented by Alderman FViimsh and adopted, requesting hie Honor the Mayor to open a doom pondence with the 1'rcetdcnt of the United Htates and the Postmaster Oeoeral uioo the subject of locating a Tost office In the upper part of this city. mssi wicATio.tr fan* i ih honor run maths?st tTKMivr or MR I KAK' PS'. : IV. The following communication was received from bis Honor the Mayor, sccmpanylng which waa Iho mbjoiued statement from Mr. Devlin, who la now In Kldridgo street prison ? Maios's Ofv? b, Nsw York, July 20, 1H6T. To tiib Common Ooi aou ? Gkntlrnsn?1 transmit a communication from Mr. Charles Hev'in, the Arret CommiHtoner It detail* tbeciroum lances attending hie fc roible ejection from the office or the Arret Cemnilseloner whilst In the discharge of his official duties, his imprisonment, and the taking away of the hooks, t apers, Ac ?the properti of the Corporation Among tba many high handed and oppressive ants which have recently characterized the proceedings of those who represent and sympathise with the dtate government In Ha crusade upon the rights of the Corporation and the (wop's tf New York, this la probably the moat des >rrste and uo justifiable Without law or judicial authority emanating fr im any court M such, or the countenance of anv branch of tbe city goyernniont, legislative or executive, tbiit r?itt? less vtoleaoe and Indignity have i>e?n perpe'.-ated. Not contest with depriving tb? Mayor and Caramon t'cuncll of neatly all th? efhsctive power required la making laws and a Imluistering ibe municipal government, these proceedings evince a determination lo ins< It and degrade us <)n? of tbe prlo clpal vxtcutive officers of tbe city government, appointed by lbs Mayor and lioarJ of Alderman In puranance nf iht clear pr ivuloos of tbe IHih section of the charter of 1867, aba us placed in poraerslon of the office, Its book*, mat*, papers, Ac., by tbe Aldermen In jrr^ria per siii. who ha# for over a ranolh diacbarged Its duties without hin drsnce, la now thrown Into prison like a summon felon, denlrd ibe advice of ooor.sel or consultation with bl? friends, for no other reason tbau having faithfully executed (he trust Imposed upon blra by Ibe G rp.iration of New Vork. Ba< rag violated no law, cor nornm'tel any other otlebce, It seems that, beside me desire to ibrow contempt upon your authority, the authors or tbo movement adopted It as a strategy, by whicb to get blm out of tbe way, so as to gain pbts.cal poaiessloo of an oflloe to which tbe law and ibe courts would not give legal access (X course tbe assimpUoo of Cooover that he is mrost Commissioner does not entitle blot to the olloa nor make him A reel Ccmmtasloaer If a man fortes bimteif by tbe aid of bathes into tho seal of a member of iht i jam a < mioctl. It does not impart to him any official authority as a member this la Groover* position. The question ?f tltw to the office of Street Commissioner has not oeen raited No ac ton has been taken by Gonover to determine tbe ' ie?ai una tome orao". Mr Devlin i* dlreet Comm'aalooer, ud the only per?.n | wtom j oa and myself can reoogmie u such, whether h? he ;r< arcr'?te?i in a dungeon or urate I In hi* chair o' oitlra, Tbla la my position, aad, aa far aa ( know, mat of ryrry otbar txtcullTO department and of the Common ooneil. fKKNANDo W"?00, Mayor. Er imirxM Stkmt ruiaw, July Id, 1W7. Ho*. Four AMMO Wood ? Pih? iicing moat anxious that an Impartial and conao-a ttvv account of all the circotr mane** atteadiDK my arraot to day. ami the forcible removal of the property of toe rerporatlrn from m* cualody, oonae<iuenl oo my Imprivon mat I, I anhmlt the following narrative of tbla moat extra ordinary proceeding ? About the boar of twflre o'clock to day the Deputy, Mr Tumor, and mytolf, ware buatly engaged In my effloe A man named Karrtaiton approached ma, aad, produnny a warrant, demanded poaaaanoa of the book*, papara and document* of the threat Commtaaloier'a office. t replied that i desired to aee mv tnuaaal, aad Immediately <?lreo?ed one of my clerks to the office of Mr B-edy. the stMoer re pit 4 that bla Instructions were to nroroo im mediate ohcdienoo 10 the warrant. Whereupon Mr. Carroll arnew and ?erved aa Injunction on Fermlugton, fo blddlna not nly bim to tako. but alao commanding ma to keop the >>onke, due* me Ota. An, belonging to my offlo* Tbla was disregarded by tbe officer, sa> lag It wan no I*ruaction, and thereupon commenced to re mere tbe booaa. Ac , aad be bdlag accompanied by a number of men. who aaelated with great prompttlode, remove! tbem rery quickly At tbte pciot tbe Sheriff made bla appearaare whh tbe warrant r>r my arrest I urged on htm alar to allow mo a few ml on ten delay, that I m'ghl nee my oouaael, but was again told that tbe order wan peremptory, and that I could not 'em*in lie u?a effected my arrest- I weet la hta ruat ?dy down atatru, aad shea on the mdewalk saw a man named t'erkham, wttb two or three otliem, carry leg lee books, An . towards the Oonrt Moure Mot he tog a Jo wed a >y <te ia? whaiertr I wan brorgbt to Eldrtdgo street jell, where 1 dow am I have been informed by eye witneeee* that In mae teenty mlnutaa after wiy departorv Daelel [> Oooo *e? came ioto my offtoe, 'omd my deputy, Mr. Tu'uer, in my eat (He ?ae Jlrerte I by me to remala ibeee It protect the rroutrtr i.f the corporation. I save the aanic Inalrur i one to Onur.< ilmen Bc!t*el of the Heroed ward } H?c*?? in my d< i k and fold. "I born bono declared .etree' C immn * louer. Hd here no we lo lake pnaeanalon of lha office " Mr Ti. roar repl'nd thai ha nnu I not recign'ea h'm an I fnil tni partnil him to take poneeaeton of the nlllcn Clearer thro lain hi? band* "0 aim, and woa told by Turner nut Pi do to While Ihla rboat nonrenal! on wan being hel I the t ffica hacatna dennH) crowded ?nib a large numhar nf the well kaotto bullion of tbte city, who inMaoily prneaed aronod the daek wkare Mr. Turnerflill rtmaioad A tint named Irrlay, and another named MatUtewe, came to the amiatanoa of Oooorar, and, aided by t there, atndal lout tioiita of (mt wlta him. draggel the lepitr. n a moot ontrttgeoue manner from the cbatr. and tbroet him rloeitlyoul of the oil, m. Oonorer then took hia raac and darlarrd hlmaelf utreet Ontnmleeioter. ttai>tain Ben nail, who bad prewloaelr anionocad bimaair a eberil'e officer, laid, In a M mine, ha won Id arraat any pemoa rlotatmg the peace ffle authority wan demtnded, be produced It, and tbrn arraetad Otoorer, at tba aim ilme calling on the ettlgena to aariet blm Ae the office ??? then crnwted with the friend* of (innorer only, an eminence wan or cmtkl be gle?n The captain than want nwny, lea? d( Conrreer In the < ffion ihla being n plain, truthful *tntem?nt of the manner In which tba property of the corporation antruffied u> me hnn barn forcibly carried away, the pnaamnlon of my rfflce ulolenlly obtained by a gang ?' armed 4-wperednee, led by rktaial D Cnnorfr, and flna ly, I,your officer hae* been v reeled while engaged In Ibe d If charge of fhelewf.it duttaa of lha Ureal fteiartmant, nrnr Whtcb I btra Mia hoo?r lo proeida tod u? which jroo, *tr. aa Mayor, nod the onrjwWlon, la the eiercteo of Re legitimate authority, *p pointed and cnoflrmed me Beiierinc that doty requtreo mo to arioont for the eotiara and rteleat remorei of the propertr of tho corpora Worn of whlth ! am the ruetodleo, I (remit theae re-la to your Honor * romlara'.loa that jroa may laati uto what >w yroorniinf* tho public internet* may demoad I am air, jour* moat roaneclfully, CHARIM ttKVI. N, SUart Ownmtaatmor Both dneuatenta warn road abra Alderman ?Taaa* mired to at the whole aabjeet hero forrod t? the Co nee I m the (Jnrporetttn AMermui Or *? mored that It be referred to a ep?rtol crmmltue. Alderman Trraaa hoped that It would not ho referred V> a committee, bat that it ha referred to the Jooaeel to the ' crporalton. He did not wiah to k?ep tlr Perbe auy Vcofor ta Ue ri lrH?# atreet prlaoo Ha would n < adm't, h .warer, that Mr Iter Ha waa put there hy bnlhee. aa Uie communication Mated He wo?M luahtia the motloa to LD. PRICE TWO CENTS. reler to lhe Counsel to ihe Corporation, lo order Uutl Mr. Devlin in'vbt be liberated aa noon an possible. The mot.on to no refer wan then carried WTiK Uoi'LaTiqa or riRSMtt. A rMolutlon presented by Alderman Aoama wai adopted. Hirof'Hru iha Clorli i if thu Diiar.l tn n?i. . ... a. i _ ? m. ..... ... ..... v.. i>ni.i in twnpn,ev lorm for tbe use of the firemen cf Iho city, "An art for the better regulation of the iivemen in the city of Now York," i acred Vfaich C'4, 1856; a so " Ad act to tmeo 1 an net eniili?<i ao net ror the better regulation of ih? tire me a in tho city of New York," passed Mvrrh 10, 1858. HKCaiPTH OK Til* <<OKKOIIATI<M ATTORNEY. A rommiiLi -ailon waa receive'! Irom (inorge H. Purser, Atto'in y lo the Corporation, atatlng that the amount of cone)a receive J in b 1* bureau fo.- the month of June for pcnalliea on suIIh waa $U3 h7. The communication was received an<! ordered on ale. HOI -E KOR ENl.INK COMPART *0. 14. A rofolirico waa a<lo|>le<! dlrte'iug Ihe Comptroller to hire Ihe premiees In Thirty ninth street, between Broadv.ay an<! hUlh avenue, for the use of Fugino Co<ni<*oy No. 14, fur the space of two y? urn, at a vearly rent of 4 UK). HILLS KOR M*I>I(SI. RKRVICM AT STATION HOI'-SN. A bill of [Jr. McDonnell, amounting to $124, for itervicM rrndered at various police station houses from Aug tut, 1815, to June, 1851, waa referred to tbo Committee oo Police. A report of the same committee. In flavor of paying tbo bill of John 8. Carter, M D . o' $19, for medical herviceo at tbe Ninth ward station house, wit, adopted. RElil'l.ATlON OK ?,1T STRKKf. Tbe report of ihe Committee on A<-"<?anoenta, in favor of concurring with the Board of Cotscllmen toooudrm the asreisiiiint iiat for regulating Molt street, between Cain) and Heiter s rsels, st< adopted UAH UUSKKOM* A communication waa received lr?ni the Comptroller, la nu*rr to a resolution directing but to "report to tbft Hoard the reason be refuses to pay the contractor for 'ornishlbg Iron lampposts for thu oltv " The Comptroller stales that he bus paid lo Jubn Koach, for fnrnUbingf thirty eight lampposts, Juno 13, 1857, Iho sum of $340 7fl> and lhat no other bill bas been presented for payment 'Hie communication <u referred to the Committee on tamps and lias. m.too to vrcmvi nm mayokh and common oocnciib op ST. IDl'lM AND CINCINNATI. A resolution by Alderman Drak* appropriating f 1,000 Tor the reception of the Mators and Oummon Councils of St touts and Cincinnati, toon to vlut the oity, was tail over under the rule COMMUNICATION KROM Mil OONOYKM. A communication was received from Mr Conrver, Street Commissioner, condrtning an apportionment of assrecmrnt Tor ttte Central Park Alderman McConnell moved that lha communication be laid od the able ? Alderman Srmw movod, as an amendment, thai it b? in closed In an envelope and returned to him, as be was not tbe Street Commit I loner, the Mayo> and Com no* Council having re tognlzed the appointment of Mr Devlin. Aldermtn Tcchkh moved that it be read, and thai It bs not sent bark. Tbe communication was not read, however, and was dually laid ou the table. thb bajtskn m?r?MHAKT. t memorial was received from ihe Itnsreee of tha Sa-teru Dispensary, asking the donation of a building vita at F.ftx nurket, on wldch to erect a suitable building for tbe dispensary. It was referred to the Coomtttee cn Finance. Tilt <lAN6r''OOS? IROI'KRTY. The r pedal (r^tnttduee t> which ?u referred tbe resolution lel.Ttlvc i^b" puichsroof tbe (linscvoort property, presented a rej^v 'n favor of app amine a pecial committee of live to confer 'viih the owners of ihe property between (lanm-vi nri and Twelfth sirccu, K wd river and tha North river, known aj tbe Uanrevuort property, Tor lbs purpore of ascerain og and re orting on what terms and condition tbeHtiiie can be purchased by the Corporation Tbe report was ordered to be prtuted, and made tha special order for the second M nday in August. ciTi.stioN or alhamy srutrrr A memorial wat received from Mr N Vf West re'ailvoto Ibc mention of Albany street It was ordered to ba primed and referred to a special ommlUee. THB NIC st ciiy call Tbe following Rouiintinl alien waa received from iho Commtrrlnnera on a new CUy Hal) ? The udiW rrtgned C immtralcncra for Iho erection of a new Oly Hal', would rcepe <-ifuliy call tbe attention or lb? Mayor, Aldermen and Cnayoiaity of ihe city or New Turk to a ccmmurucaflrm which t.iey had iho honor to make to iho Hoard, of Alder mea nud Councilman reepcctlvely, on or about tno 1Kb of Way hut, and upon whlcb do actloa baa aa yei boon taken to their kuowlodge. They bey leare to rei-eat their dealre, exprerted Id that commumcatloo, to enter upon the actlre performance of thrlr dutlee, with the oecewary co-operation of the municipal government of the city; alao to ra. new their rrouoet that a committee, with whom they may confer od thla subject, may bt appointed by the Osmiu m Council. R KMMET, R. M Hl.ATCHFORD, K I' MOR'IAS, HKSRY tVg-WON, 1 Xrw Yotrc, .July 14, 1867. ?. A (A1N0VM. The communication waa laid on the table, and tbt Board adjourned till the drat Monday In AugiuL TO TBI MATOR, COMMON COUNCIL, AND POLICE JT-V TICKS OP THS CITT AND COUNT? OP HIST TORE. In the ptWent aemi annual r?turo yon will dad a oorrect ttau ane'it of all the ttrea and tire alartne, with the orbit n or earb aa far ae ascertained, which hare oor.urred ta tbia city du-tng the ?ts montha ending ou the .1U day of May last:?Among tbe rariooa rauaea of lire enumerated there are tome to which 1 particularly deaire to draw your atteation. It ta commonly supposed that during tbe eumee?r moo ru tnrre i? a oonaoirraide diminution ) toe mi noer or flrrn. Such a not the cim. The only mtt?r:tl tJldrrro-e .a n Ibe ra .? m whence ?u< b axoJente arine la viator, Orea are to be litecl to tar dm ol' tanperfectly cooatructed lUea, furnace heeler*, and atore pipe*, u4 10 <?rrle-?ne?i la regard to |M light*, luctrrr mete he* and red hot cinder*. lo mamer, in* tiae of charcoal furnace*, and lh? leering of win doe open, with ga? jeta burning near window corte.a*, are on prolific or accident*. S> *u>e a* a warm mgbl occur*, to euro may ire alarme be co'ioiwl upua. eo that the difference la tbe actual numl-er nf fire* and aJarme between the teo 'aaone ia reared? notlorable. la tbe rhararb r of tbe Brr? themrel vo* there to, howevtr, a marked distinction. Owing to the try an i viabumble elate of lie wood work of hoaete, during lb* bob ei'oroa.aad the rapidity wtlb which Urn apree a wh*5 11 la in that condition, many ar -.i b nte of tbie catura, whictn in wmtar might b? eaeiiy raporc,H?d, are at name attended with the moet dleoatroiia reaulia. Among tbe caoaea of Are, though apparently harmtoea lo itaelf, and therefore not 'unfiled by peroiua cmp.o/iPk It, la the u?e of aawdtiel lor vm alng, or cjverlng Mourn. Thua, eawdiiflt and oil wboo ibruao bigetber ia a body will Infallibly pro-lie. ! la H ;l reoeoily that an ml warebouae waa near bo:ng le?tr.ye<A from tbe occidental combination ot Ibme euhaiaocee rno workman bad need rewdnei lo collect aad dry up tbe oil rpill on ibe Door, and tbey bat depwtted tbe aeeoptngw, tbnn eel a rated In a common barrel then they left II landing for nevera) oaj 'hi lh? day prior to the Arm brraking owt, they perceive 1 an anuanal ?m?ll, llkw that of anmeibmg amooldenng Toe premier* warm carrfally ntaminad, hot no noe thought of ?tpfcdrg tbe oonlenln of tbe barrel now noaht perron* ignoraat ol tbo Chemical ?. uoo nf certata aubaianrri won brought la Roetari, nuppnee far a tmroee* lb a' Uie rfliiN or which it bod bero men* the depuMtory Could bare aria la a ted fir*? To their MiaMMM, hoe err, ft morning the barret *tt l wot ornrly coiitafl, Uio hulidikf itonf la f ?mee ?o1 but for tbo prompt DM* toil enetf y of lb# Bremeu ibc wnrehoiao, which noo tol?rd large *to?k of otto and tail ht, would bore bweo burned to the |rouo<1 rill* la onijr one of ou; na tinx of tbo ? ?? nort ?k> b occur dortug the tear I would, theraforo, inprwo r pen tbo owner* of Ml warehtniM* no I atom*, la wttleb oil* obit tallow or* kept, to be corwfol bow ther par mil tbo ore of m* duat, hoy nc atrow for tbe ci?oa ia( of tbotr noora. or, wbera that to uDartoiaMe, bow they ?ul?r tbo employe to be depne'ted eitbta bo premlaea (Jomaaoo rand la Ibc only ?otwi ura bleb raa be an'rlv ueed for orb purpcoca >n thnae eatahii<bmcota. aed, no my kugitol'oe, ?omo of tbo Iron tog dr iggtn aad warebooaetooa hate adopted It. It ig, of <v?or*r mf??*ible in far J at Ml time* againat the eareiea*nee? aao ignorance of worh* mm, but ibo publication <4 ibo fart> T hi re joat (toted will trod, I bore no donat. In diwmltb the number of accident* artalag from the letter of tb?re cauaea St<aktrg nf the onre ne?. o'w.,ft men, there In nn?tbrr frattful roorre ol arc >nt* whi.*b II ottld bo well to tobe O'Hice of la raadle maon tenor toa aod lo wort?bope. la wblrb, 0 r *. <.o..mr take, gat la bet oaod, II k a common b .hit wtlb the peraooa rrfeployod to ?tl?k cattle* id ail po'ta of (he bonding where 'o?7 ra?y n?|ipfn v> wmii 4 ngat, HOI MM in?m to huradown and Hi* U)? premtann. An etuwlrn raidle fartnry la the Firm arenue ? < recently destroyed rr>ni thin rum, intolxof a loan of nearly half a aiiboa ot dollar*. u<n am niutiw The dargem remitting rrom tne o?e of hot air fnroaeee for *?rn tig batldthga bar* latterly elicited a gooil deaf (4 dl?cu??ina. Notnitnuian ting the interest that many pereooa hare In coot noing that .yairm of b?atlti?, ibo nam'ar of Ore* wbirh are mntiiually occurring from lie i tnplue meat wll' anon hi ing ooarlrthin ban* h? the pub Ho mind. Worn I barn entered M(w?o the dutlee of rnr pr??eol rlflce, I ham bet on oppnrtut Hy of pointing oal tn?? nereaalty ??f an egtearl e mod Ideation lo, if not the tola) dtguno of thi* ryaiem Hot air f.iruao mar ha main aaf? enough, bat the? rarely <rr erer are From inetperteoce.. r rareleeanem in th"l' ri>n?troriioo, they art render*! ihe rnort daogerotir feature ef a naoly boilt dveitiag or warehouie t'r'taa, therefere, meae'iren ran he adiptet 'o enforrea bettr r tnode of rooatrncloa, thle plan >4 bant log ahould be d?oe a ?ay with altogether Tn enter more ?i rr.tdcellf Into the >> i"cboe* which I entertain lo tlie uee of Ihe hct air furnace. I haee to rule that the "tiea foe earning off the ?m-?e and h?at are of ffl.-int.t t ?.> Fb. a 'aiiiilaied for an ( n'r.ary ?iu?a arc km u a ant tha rmrrnuptirna M. that tb? liManra heal ( 'naratad by Ihrae fnfti*<. a la thread ttun nnataot with tit* nra?r?t rlnrma of mipHuallon. a? I a wal'afra'toa of Ibo bml \<rt ten tablf lake* t. a-? Ao.lb- r tblaa *Bkh taorto to It rrmil la tba uaa of md wnrt cm* to tbo II ;aa a?4 rryulalora II amid ia>D a* if to* bm'da? frit mood to -*o ftt) itrng that r^? null? ran aurrrat to aooply lb* l?rrr>< lary rirman mtb n|dwirti'i?IW?a fm a, rradlaf ttaolf. . Tho ml rb'ef? raa>ntlr>f (mm thla dl? ara on?, bowe?ar, aia at* a'lrt rotabla to tbo 'tail at tba buiktaa. Tat It rant? of pm* ?? arr tbrm*?l?M a/mrol M rta<)tin?rtiy to Mama Tata '?r trrlanra tV caaa of a oa'ahouoa h.,t!? arllhoat ra^raiH a a> >ha am air fnraarr *rran{?>noai ,ao t barley aaly a rnrcai' Una Tba raanital itvnka UM>p*r* tneomplrlo n'ih.mt Urn Ik* air f.-rtaea and ai iat baaa It at all ri k* Tha fn-bara bnlMar nroordt i|ly cream ono or mota ammitot to ilia ataa of tha t? iikltny, ?tt ha? no olh?r aitaromtT# Hit to ln?art Uve fr.rav tmnko ptpo Into <ba tloa a'rra ty fined la ib? p-rm?r? Tba f mm nay ?f tba liar r? la att'tkfad ui'aofly ayaliM lha (lnaa taae'ng only about font or bra of maooo work to protoot lha wood. Tba lataaaa b?at geaoratad anib n to tmai a aoapaaa too*