The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-28
The Vacant Police Justices Seat.
TO The EDITOR OF THE HaRALD.

VACANCY IN THE OFFICE OF POLICE JUsrcE IN rH5 crY-HAs
THE GOVERNOR OF THE STATE POWER TO FILL Tf
Section Of article 10 Of the constitution reads fol
Tbs Legislature shall provide for nlllng vAcan
ces In oBce, and In Of elective Off :srs, persen
DO ha ~. Of
the political year next succeeding the nrs annual cleo
ton after the Ia opening Of the vsoAuey."
In pursuance Of this provision the LssislAtu1s OF lel9
ss chapter 2s Of the laws Of sAts passed ct the
seventy second session enacted the follow law
"whenever sh. OCCUR in any Of the Office, Of
this State where provi don Ia made BY las Tor f
Ing tho same the Governor shall appoint suitable
person who may be eligible 70 the otnoe vAosn to
msnt tho political year next usosedng the
hrst annual eecton after the happening Of the
st which sucn officer couio DO BY Law elected and the
person appointed to Oil such vacancy shA posssss al the
rights and powers" So, 30.
Law passed ia ls4s providing for ths election Of
loving provision Of the g. sea 49,
Al Judicial ooosrs Of cities and vlages and al such ju
eicsl officers may created therein By law ID %
elected 1t such times and In suoh manner the Lsgis
lature may direct" Bat In preparing this law and In
it's consideration and passage BY both the Assembly and
those whom the people authorised to select by bal
let for the nst term leaving ~ consequence that with
the ,ss o. toe 10. sns as
together; and not only this but there entire
omission OF authority to al BY election Any that
might ooeor (psrhsps In the nrst year, ana which vas
only partially supplied By ths Aot above rsotsi Of the
following ssdon ~ II provides for the filing only until
the next election And the Lsgsaturs under the ohi
Sss W sA1o -AoS, wv Wv ."~voV oSufo ""
nothing more; that vaossoy occurring the Governor
could appoint oAy until the next eIscoon whom there
being authority elect the balance Of that tsrm
for any sucoeedpg term, the period OF the ess de-
pended tor is duration accident ct least upon
the length Of one tsrm - most
To remedy this itatso things the legislature Of 1882
passed the following so the hrst part Of which, although
It does not until the neat election supply Justice In the
stead Of the late incum bent Of the 10 nevsrthe
In the language Of the constituton or the 6pg
Of vscArces and Ia nearly Of character and oompo
siton Offering In fact except BY whom the vacancy
,ha no filed the people or the Governor vita the cot Of
lS49 to raise serious doubts whether the authority OF
the executive to appoint to this particular Office
not superseded and the vacancy must not remain until
the next election be filed By whomsosver the electors
Of the district mlJ proper to choose know very
well that this not tho intenttop Of the Legislature;
MI IL II the end unavoidable sfsot OF the
laS reads follovs,-Chap "a Of the Session LAWS
u 1sS2, 1-Whepevsr any vacancy shall cxist
the Office OF Justice Of Justices Court Police Jus
tics, In the city Of New York, sush Vacancy shalt
be Allied q the ensuing election In the city Of New
York for the pred term commencing With the po
cal year next after said eseton and the Pooe Jastoss
elected In said city 1t the annual election held tas 9Th
day Of Novembsr 1851 shall snsr upon the performances
u tn duties ct time, and hold their on for
the term, snd their shall DO elected In
the Same manner f" 60, 30
l have, Mr.. Editor without iotsndiug to express apy
opinion rsid his much upon the subject to sA the A.
tion Of the Governor others Interested the mat
ter whils It d yet time to avoid and prevent that
dideaty that must BY person attempting to dis
charge the functions Of criminal mAgist,sts under
vtid and Illegal appointment CONSTRUCTION.