New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-11-12
TIL RIOTS AND TIE POLICE.
III. ~ I'll, n Y. Tribnnr /.

q. "A, rSifor Of The N y. T''bvne'
s,,. The riots and other illegal proceedings which
rsced our city on the late election day. have stimu-
Ltd the public mind to institute an examination OF the
,o,,cr, afd duties Of the Board Of Police Comm's-
,mers. aud the liabilities OF policemen for neglect oil
official duty. ...,or,,,
This spirit Of inquiry is, at this time, parlcua,F
n.efu in view of the radical reforms in the foDc'
,ar,meri so loudly demanded by our ieilo" GU. n3
and so indispensable to the preservation oi '"' 9VN
order Of our city. c..;.s,rc,s
L. roC.r,roe :, ,bc BOARD Of Police Commissioners
,bc question has been raised whether 'hc h0oOi
and CIV Judpc. who with the Mayor oo''''.', '''
-, 49, nower 10 receive complaints against po-
~. .nd 10 convene the Board fortnais' OF whether
o. - e,s are by law vested IN the Mayor.
mi reading Of the act OF Apnl -, 1913,
n con, ipce any mind acquainted with the rules o.
i,el Interpretation, and accustomed to the "o"r OF
,l anal, ZIG and comparison, that the great concern
- ,be dasman of that statute was TO preserve the
oropiro,encc of the Mayor over the Department, on
a, subsc.F except the appointment tna' suspension,
- aismsssl of policemen. A few other changes IN
a. law are made by this statute but the former have
~ relation to present inquiry, and 1t woud be use
,ss 10 mention them BY the law, as 1t existed prior
:. the revision of April 10 1888, the whole power OF
ceivipg complains, and of trials. suspensions and
Smis.ais vas vested in the Mayor, or in his absence
no Chief of Police, and tie OBJ ec;on raised against
,bs sw was that it clothed the he al Of the Depart
ent with irresponsible and absolute control po-
Ec,men made the tenure Of their offices dependent on
him alone thus rendering their action in too frequent
instances srbsecvient 10 his Will, and destroying their
efficiency officers to whom the public must look for
sbe protection of person and property
was principally to remove this evil that the law OF
Arrl 49, 1853 was enacted, and the remedy provided
was the creation Of the prestn Board OF Ponce Com
ussoners BY the Sd article OF that statue the Re
I,,lo ata1t ha Law
for the appointment trial. suspension and d'missal OF
roc,n,n In these particulars only is the former Ia "
Changed or The powers OF the Mayor abridged fe.'
tons snd certificates of applicants for appolhtmeh.
.he Office of Policemen must still be eD'ed not 20
the Recorder or City Judge, but as formerly 70 us
Manor TART. 3. y. After tuch present mene mas
been made the applicant must establish Isl 20 IN .ai
satisfaction of the CoMNIssIoNERs that he can read
with ease" &c. The Commissioners arc not ~ tnls
section charged with any duty until certificate mas
been presented to the Mayor by some applicant That
.Acer gives notice TO the other Commissioners, and
then their duty 10 me ct and consider the appca-
lion By section Judges aud justices may suspendpo-
IcemeD detailed at tier courts; bur those 0nGerS s
roty the Mayor Chez u Poftce not inc RECORDER
or CIV Judge of such suspension. " The Mayor may
also receive from anV person. beside justices and
iudgee complaints for cause against ,lcemen, ana
when complaints thus received, "he Board 81
Commissioner shall examine witnesses uuder oath or
"atliDatiOn upon the charges and IN defense. Here
soain we zee that the Recorder and City Judge are
vested with power nor are they charged with any
duty until complaints have been lodged with the
Mayer. 1t is expressly provided, o" ne same sect'oH
that either Commissioner shall have power to issue
"subpenas to require the attendance of witnesses on
'ihe tIia; thus showing, By the very language OF
tie section well by the general scope Of the whole
statute. that the Legislature Intended to make diff
ference in the powers If the individual members of the
Commission. The Mayor has all the powers which are
conferred the Recorder and City Judge, and, In adj
diticn those which in express terms vested in hun
self BY his name of office.
10 Doc nd Citv Ju1Oa heinO o1ipers
cated with the Mayor for sp cat purposes, and those
purposes berg xpressly declared in the Law creating
the Commission with certain powers conferred on
them respectively, to accomplish the intended object,
they cannot Individually can they Court eXer
else any other powers than those thus specified. If the
powers granted are lot sufficiently ample, the Courts
have authority TO supply the deficit; the remedy
must be provided bv tine Legislature. Courts aud Oil.
GERS of limited jurisdiction take nothing by impi
cation, but must show the power which they presume
to exercise given to them iii every case The 8ssump-
ton of doubtful power might CRAFTY the feelings Of an
excited PcPulace in particllar emergency, and the
individual who should exercise It might, as re-
ward for his r0shnoss, be crowned hero but
when the fergor that wOve the chaplet passed
away and the public mind became trIoqui
and reflective, fancy that the ca o.ivang garland
popular applause would prove but Oftn0rns, and
the hero OF the hour be regarded by all wise and patriotic
citizens ne an unfatu public servant 1t is the sale,
and the only wise course for ntelor jurisdiction To
withhold action in all cases in which the existence OF
the power to act is involved in donbt The contrary
doctrine is fraugb with consequences Destructive 70 III
diydual rights and subversvc Of just government. II
The law is defectve-f fails to secure the object of Its
Enactment amend the law; but until the evl lie thus
removed let the law as it is be executed ~ hts integrity
That our police law is detective that it invests the
Nayor with too much power, and renders all the subor
dnates too subsevent to his wi and that the earliest
opportunity t. amend it should be embraced, ave truths
which no Intelligent citizen will deny; but while 1t re-
mains as il now is must be excused for acting within
the powers expressly and clearly granted to me-.
f. 5. CAPRON, City Judge.