New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-02-28
THE PROPOSED POLICE LAw--ITs IL.
LEGALITY.

|
Aside from the consideration shat the pro
posed Police Law is no improved alteration
of the present Police system, and isdepen'
dent of the fact that real Improvement in the
Department (such as the whole community de-
| sire and need) is not so much the aim Of those
who procured this act to be brought before
the Legislature, as the qualification Of the
personal vanity and the promotion Of che per-
sonal interest Of the present Chief, and the
advancement of political ends by certain set
of party demagogues who, in connection with
Mr. Matsell, are moving this bill-without
reference to these considerations il should be
enough TO stay the passage of the proposed
law, if We call the attention of the members
of the Legislature TO two or three among its
leading but Illegal propositions.
The I'd section provides (and which is the
secret and principal interest Of Mr. Matsell and
the school of favorite officers he has attached
to his Bureau) that
"SEc 3 The Chief OF Police shalt possess the power Of
Police Justice TO entertain complaints in all wha
crimes have been committed and 20 issue preccp for
the of the persons charged with having committed
crime and TO examine such person or persons In all
such he shall proceed in se same manner and be
governed by all laws relating Police Justices in Ike
cases except that the Mayor Of said City shall carefully
review the AFT davs made in the case and also the ex'
animation of the prisoner ana II shall appear that
there is probable TO believe that the offence stated
in said affidavit committed by said person per-
some the Mayor shall by mittimus, commit to the city
prison. or take bail for bis their appearance at the
next court having jurisdiction over the case"
r Il. E. a. 1f
Mr. Chicf.Policeman Matsel to the exercise
of judicial functions, the Constitution of the
State has word upon this subject and speaks
in Article VI, See. Il, as follows, viz:
IAN judicial officers Of cities and villages aud all such
judicial officers may be created therein by law shan
be ELECTED at such times and IN such manner as the
Legislature may direct"
BY this il viii be seen that a person not
elected" within the meaning of the above
provision, but appointed, as is tho Chief of
Police of our City, cannot exercise any judi
cial powers, and cannot possess the powers OF
a Police Justice" for any purpose whatever,
aud all laws comforting them would be void
and imperative. The disngenuous attempt
at fraud upon the organic law Of the State by
the introduction Of the Mayor-an elected Off
Ger and q Magistrate-as joint performer ia
the exercise of judicial authority with Head.
Policeman by himself appointed is not only in
sufficient to overreach the plain sense of the
Constitution, but the trick by which that end
is sought to be attained is offensive to pro-
priety and common honesty
Again, this proposed law provides that
"sec. 4. No member OF the Police Department no
Magistrate Clerk Of Police. any person authorized
by law TO 0rrest persons charged with criminal of
enscf, shall demand receive any present
ward tor seryices rendered, or to be rendered,
unless with the knowledge and appreciation OF
the Mayor; such appreciation 10 be given in writ.
ing, and TO be entered in book To be kept in tho
Mayors oihcei any such officer who shall demand
receive present reward in violation of this
ton, shail be guilty of a misdemeanor; and com.
plant being made TO the Mayor he shall forthwith sum
mon the accused together with the Witnesses estab
I'M the charge, to appear before him. and the charge
being established by the testimony of competent wit
nssses the Mayor shall Immediately the accused
from Office The testimony in each Of suspension
shall be reduced 10 writing and the same together
with the decision thereon shall be filed in the Office of
the Clerk OF the Common Council The Mayor and
Chief OF Police shall have power issue subposnas
require tho attendance Of witnesses the trial of such
cases end dsobedience thereof shall render parties
liable TO the penalties provided by law la courts Of
record. The Msyor or Chief Of Police, except la
Of charges against himself, shall examine Witnesses
der OATH or affirmation, upon the charges and in de-
iense and may for cause continue the suspension,
move the accused from office or restore him 10 duty
Now, for the information of the Mayor, but
more especially for the enlightenment of Mr..
il safer and more wise TO cOnfde 50 delicate
and important a power as that Of removing
Magistrates elected BY the people to Court
Of Law rather than to any single individual, and
least of all 10 Policeman even though he
be the Chief Of Police Department ofa city
or town appointed by the local authorities of
the place. Sec. 18th Of Article 9th of the
Constitution provides that
Justices # the Peace and Judges or Justices Of In
terror Courts not OF record and their Clerks may be
removed alter due notice, and opportunity Of being
heard IN their defense by such County Gun OF Sac
COuns a. may be prescribed by law tor causes 10 be
assigned 10 the order Of removal"
And the Legislature Of the State has al
ready, under this clause of the Constitution,
expressed its sense Of the Importance Of the
power TO remove Judicial officers of Courts not
Of record, (as well as Of Courts ofrecord, by
confiding that trust to the general term ofthe
Supreme Court Of the State. See. 25 of the
Judiciary Act provides that
justices Of the Peace and Judges and Justices Of in.
ieror Courts not Of record and their clerks may be re-
moved &c provided IN The Constitution 6y tie suprSae
Colri at any General Term thereof
Mr. Matsell asks to have this power taken
out OF the hands of the Supreme Court and
placed IN his. Enough that the Legislature
con do no such thing.
II would be an easy task were it necessary,
to show that whatever new features there
are In this pretended Police Reform, have
been engrafted upon the present almost
worthless) system with no other object or end