The New York herald., 1851-09-30

Election OF Police Justice1-A Question or
A question has lately arisen, which tends to af
feet, TO certain degree, the arrangements of the
politicians in regard to the election this fall We
refer to the law relating the election of six Police
Justices Of this city.
The law, as i. now exists, is construed by many
to provide for the election of Police Justices at
the general election in November next--by
others, however, that the election cannot be held
until the next general election Of 1852 /; and
still by others, that election for crminsl Justices
can take place until further legislation has been
had on the subject In order, therefore, that our
readers may understand the whole matter, and
take such action as their own judgment may die
tate to them, consistent with the rights Of all,
we publish the various sections of the law on the
subject matter now under dispute, so that the peo-
pie may learn whether or not they are called upon
to elect the said Justices this fall.
The legal opinion Of some of our eminent Judges
and lawyers, on this subject, has been given, and
disagreement appears to exist as to the legality of
calling an election for Police Justices this fall.
The Justices now in power were elected under an
act Of the Legislature passed in lSiS in pursuance
of the following provisions, and were sworn into
Office on the second Tuesday Of May Of that year.
See l. The city Of New York shall be divided into six
Judicial districts In each of which there Is hereby es
tabished court TO be called the Justices Court OF the
city of New York.
Sec 2 In each Of the said districts hereby created
there shall be elected by the electors thereof having the
usual required of voter Justice to hold
the courts in said districts
annual charter election to be held ia the city Of New
York. and in every four years thereafter at the annual
charter election they shall hold their respective ooes
for year, and shall enter upon their dutes the
second Tuetdsy .f May, after their election.
Sec There tha also be eiscted each OF the said
Police Justice for the city of New York who shall
held their Offices for four years, and shall enter upon
their duties the second Tuesday Of May next after
Sec 10 All the provisions of Law in relation to charter
elections in the city II New ork and the notices there
Of shall apply the officers whose election is hereby
provided for and the said officers shall be voted for
ballet to be endored justices" and which shall be
deposited in separate box to provided for that pur
pore by the Common Council OF ead city This act
thall take eject Immediately.
The city amended charter, adopted and carried
into effect, June lst, 1919, provides as follows
See The election for charter officers shau be held
the day Of the State election when all charter
officers who shall be elected shall be into o6ice
the fret Monday Of January thereof and the laws Of
the State regulating elections shall apply TO election Of
Sec 81 All provisions Of and Of charter which are
inconsistent With this act, hereby repealed.
The above sections are the law, as far as we have
been able to ascertain, pointing out the mode of
election for Police Justices Of this city, and we
should suppose that both political parties, under
the provisions thus set forth, could 60 under its
clauses, make their nominations and elec. their
candidates At the coming election, but could not
swear them into Office until the expired term Of
the present incumbents.
1t will be seen, by the fifth section, that the
election shall be held every four years, and such
election to be held at the annual charter election
preceding Of course, the expiration Of the term Of
Office. Now, as the amended city charter carries
the spring elections over TO the general State
elections, in November, 1t appears consistent to
elect the Justices at the coming election. The
Assistant Secretary Of Stae and Corporation Coun-
sci have decided the election 70 be legal, and the
Clerk Of the Common Council WILL therefore, in
accordance with that decision, publish the call this
week Authorizing the election.