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What Injunctions May Effect

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What Injunctions may Effect.

Another injunction has been issued, namely, by Judge Birdseye, on application of Richard S. Roberts, of Brooklyn, restraining Comptroller Flagg from paying Mayor Wood's legal expenses.1 It is also said that the Governor will call an extra session of the Legislature if the new laws are pronounced unconstitutional.

Fernando Wood nullified the Police law by deposing that he feared its effect would be injurious to his property interests.2 If Tom, Dick or Harry may suspend the action of a law by swearing that they believe its operation will damage their property, why may not any grocery keeper serve an injunction on the License Commissioners; or any slave owner forever keep "Abolitionists" out of the Presidential chair, by applying to Chief Justice Taney, who would doubtless be willing to oblige him, according to the precedent set by Judge Davies.

If the legal point involved in the action of Wood vs. Draper,3 be decided in the Mayor's favor, the appointment of the Water Commissioners for Brooklyn, of the Washington Park Commissioners and several other enactments affecting the interests of this city, will be similarly rendered nugatory.


Notes:

1. Fernando Wood (1812–1881), a Democrat, was mayor of New York City from 1855–1857 and 1860–1861. He was widely regarded as corrupt. During his time at the Brooklyn Daily Times, Whitman penned numerous fiery articles against "King Fernando." [back]

2. The Metropolitan Police Act of April 1857 was passed by the New York State Legislature in order to dissolve New York City's Municipal Police and replace them with the State-controlled Metropolitan force, overseen by a board of commissioners. This new force covered the combined areas of Manhattan, Brooklyn, Staten Island, and Westchester County and was considered controversial in scope, with some parties arguing that the Act was unconstitutional. Embedded within the Act was a series of provisions that impacted both the sale of and access to alcohol. [back]

3. Simeon Draper (1806–1866) was elected to the Board of Police Commissioners on April 16, 1857, but he resigned before the end of his term due to what he perceived as the over-politicization of the force's appointments. [back]

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