New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-02

4
IL Gestract 90 D. ocut.rR vote be falsely Ia
tr fssSi ,ssing It "a changing the bs'sot OF IA H.
t.rsie e,cicS hiGdeips ectOr on his way t. the
psfs, wing or od'rng To vote nore tiaa coce at a.
.Ie ten nay in nciy oasi cssee be deemed bat hi-
| ing ~ToDge. Lei. however tbcse instances be Nd
tis.5 he pubic Authorities neglect 90 rofsss -
n'iicN them officially, thai which is worss let pub
tess how rapid and dids.ive is the aenor..isine
nfaesee Gradually and Dperceptibiy the ., .adsr1
OF hcDer reduced, patriotism d~cines and the pea-
pie become Ter'ess outiceary, unit az Loo til
they ne p'Puesto be wiling instruments of any DEM
agogue ~bsee anbi mey ou1striy his virtue ~,
| race If popularity and poser
The true prs'.niye Of political dcscoe'scy trsa
sSch csuses ID art hs II pregrvss the beginning.
| The lest Grand jury performed pr,se -otthy per- N
that vork bat bsm ant OF tins. that bedy vas uns-
bic 10 oomPlSe II and whst vas ,hen left rndooe yea
are ow Dyi.s 70 perform Tue Iovesti yari.px which
have be- already nude deyelope stae If f,cf, ~hcA
leave no roo for cosh, hat the resell, Of the CT can
vs.s q, b,bi'ed by the hsctbcxs W. ave 20 cwr,se
ips. alton OF toe political seotent o. .he .lec.rx
am il formed bat testimony will be laid before vo.
de- pv impcstpg officials % various gedes and por-
,icuaiy mpuging the integrity and fidelity OF numerous
a enbeIs of i6e Po|ics Department Ii v not per-
nose of This ecmmupicsiob to submit, c,tshyue the
charges ~hch may be laid before you nor tSe evidence
on which they fourded; bat Il is proper that the
Court sboold sdvsc gu the law apple able o special
and unusuai cess. With re'rect to the liability Of
Policemen 10 ppnishmest by indictment for neglect Of
d.fy srec,a, ssjofRed ~ safs'e 10 the opsnou al
the Ceuft that dismissal iro@ Office by the Board q
Police CVmnlsSh rs Dot sucn otaef puuBumens
ss the statute creating the o,nse contemplated thas
statute declares nevlecis ct official Joiy TO be msd
and to he punishable accord aRy, saess some
Other punisl ment shall be provided BY law. IL V be-
hcyed that dian zeal from ,f6ce Suspension 10 not
~ uns thu cut" or penalty within tue weaoinS Of
that taute and that tie trial before the Police Com.
issioo. is not he trial contem plated by the Coust-
tuition, but is, rather, the means prviGed BY lASto
rid The tublc .umusrly Of a bad officer, leaving him
still sphjt To legal pun'shment foI the paoc wroag.
If guilty under TIE general statute, the officer sub
IA be pun shed in the discretion Of the Cout ke
,nfictioa not 70 rrcsed certain hnR. Now, il the
Police law bad prescribed fired pocaniary or per
sonel punishment-as $50 or thirty DAYS imprisonment
- for the same cftpse. that would have been other
Juuishu ept and The Court could not have inflicted
different one, ps discretion. under the general stat
ute. So, if the Pocc law had declared neglscts OF
duty to be fioRtss, the same result would have fo-
lowed because the legal punishment Tor hese must be
in the STATE Prisons whereas under the general stat
pie The pep is cor fined to Imprisonment In the
In this view Of the subject il complaints come rally
b. tore you against polio. for pos ect Of duties pre-
sc,itec BY Law, will be your duty TO entertain them,
aud hos to be excused for presenting 10 your minds
the eston that The Courts derive Their bxnes dg-
piy and infuer ce and inspre tho most profound re-
spcet by the impartial and certain administration OF tue
law.
If It shall be found that your Legitimate powers are
in cient for the purposes of thorough investgai,n
or that your tine is limited, deem thus subject ono
of go great imp rtance the political Interests OF this
city 10 the csuso Of public morals, and the character
Of orr X, publican Institutions, that shall look with
col fdence the uext Legislature for the appointment
by law Of Commission clohed With ample and sum
mary authority 10 sit As Court OF Inquiry, and ot,ng
to The light of day. that The guilty msy be pun shed
and de-I sed the reasonable means by which 0,OOO
moro ballots in this city than the number Of
its voters will Justify upon any acknowledged s.ss Oh
electoral increase by which thousands OF uli'ecete
voters were deceived 10 the votes which they otst ana
BY which fictitious names found aplace on the Poi,ise
| Gentlemen, complaint Is made that tho Hudson
River Railroad Company has caused public nuisance
| ,betr nrto Al Etpy elth which
tween 1hirt, fret aud Fifty ninth Streets IN this CITY.
II is alleged that the Company occupies tnas LOCALITY
with go large number OF cars aud engines aod pro.
pes them with such velocity In their practical eicce
an IN. public right Of way, 10 constitute what the law
denominai,s per pe.tuTe, or exclusive sppr"Pria.
ton ftho street. Ithis complaint be wei founded inc
C,prapy is the auh or Of public nni. ,Dce aud hsc
incurred the Fan liability IN the criminal courts thas
| any Individual would do who should perleaste the
| same act. ~ ,e,
with the view OF establishing the truth Of that chsrge
| and will therefore submit few words oil Instructors
| ON the subject.
assume for all bo purposes Of your present action
that IL. aton has the sht under the provisions
az II. Charter a. tho ord If this city to ccou-
Nv he avenue ih it, and engines for tao objects
| Of its Organization. ~.
mos uselu irumIhs Of moocrn mechanical scieacs 70
snmhaie time aud space ond o. such, IL mas received
he sanction of lag. Tbis Corpcrafiop has TIE same
tight thai any mber of the public has TO occupy sad
use the Eleventh aveope but eDjoys no psrs,aeuat
or exolusiyo pr yege 10 that thorous hfere Neither
der It's charter uDoer the city ordinance can ie
claim any rvhs Inconsistent with fhoee Of the general
tubIic Tie law prtscnbes form Of carriage which
may be used on the aveLuo ana therefore ths C"ipo-
ration nav use its cars; the la dictates no prpciog
powtr and consequently tho Corporation may employ
lie .tesm er gines. am here abiding TO the generN
law; but We kew Of that the charter expressly
secuIes those rights TO The Corporation. The s1ose
and noise occasoned by tho moving trains not neo
Is aiiy rLisance. The right TO use steam for mo-
tive cw er implies the poss Of the hight to pro0uc
smoke and noise for without the latter Ia the pteseos
state of eebanca skill and scence the former ean-
| Lot be enjoyed. -. 49,.
| An thee privileges are, however, but sb,frsce
| ,pMs aid il BY 10 means follows that they eau DO
| exercised with ont limitation Underlying them
great primo pie TO which, in determining the exten' Of
beir nppl cation to given case they must DO ieefre1
and in ordination to which they mus! De ef)oye9
That prji cplc that every person might o. e'e hS
.yp Iroperty and rights hot TO violate the righs o.
oil o,s Tine place and surrounding circams'anccs
are conirol considerations in the application Ut this
| principle.
| liberation SUPPOSE this Railroad Company. In Tho
exerce Of its doubted right la drive is oars On ito
| tuck through the Eleventh avenue should form con-
| tjrmus Inc Of tails in both directions and proper
The by steam at the sped ct thirty miles 10 an h'sr
viii ont in,ermbson; soppese II sponld send Oh,
single train st hequent inter- oils hut with vtocy 'W
ex.teoirg tie Ia xul rate of speed supp se again.
tLa the Company St ould estabih the lr~toe Of oo'-
kctinp iis einos the in particular ocaltcs
sId theieby should load the atmosphere with dust and
smoke arc noise to degree that should render thu 20
| Jocsltss unhealthy or the sOourn m then aonoying
rteable can there be eLtertsinec rcao1sbie
doubt that in either VI thee such use OF the ave-
bee would amount to svrtusl exclusion OF the pa ono
FRI lis equal rgh 10 occupy ard "a Joy the Same LOCAL
| ititsl II So such wouid cOusncse public su-
| ,opce when could be sbaied BY Indictment
IA. M lot IL ink that Z, simple OF stssn -