The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-19

ages we're to be elected by the people Or appointed
~ The local authorities. The Governor and Leglsla
ture were stripped Of all power over these appoint
ments BY An act of the late Legislature they usurp
Cd this power and majority Of the Court of Appeals
ratify this usurpation, sweep away the reforms o.
hall century, revolutionixe oU government and re
establish the principles Of monarchy. To show by
what process OF reasoning the court reached this
tra0rdlnary result, We extract from the opinion o.
Chief Justice DEMO the following splendid specimen
Of Judicial quibbliDg Referring to the officers ap
pointed under the new act, he says
AL theeo officials were have DO doubt public officers
and they ere, moreover city officers wthio the nneanns
or the constitution. The supeTinenden OF Police hts Cap
tuns sergean.s and paironen mentioned in the keropo
Titan police bill are officials CT the character pogsoss
Ing Substantially the powers and horiz god TO exer
cke the same functions those heretofore sting under
New York anoonneced With the other territory annexed
70 By this act, they should have elected by the
electors OF the city, or Of soe divisions Of IT, appointed
BY some ~ therty o. The city The Pclice Commissioners
Nsuming tina. thsy themselves constit aonaly ap
pointed, cannot DO regarded authorities OF she city with
In the meaning Of the constitution Eense I. follows that,
II The provisions Of the s.atate bad been limited
70 the city Of New York would have boon IN conflict
with the section o. the constitution often referred TO-
The dGtes OF the police force sought 10 30 organized and
govcrna was the solo pubic obect Of the
the Appointment OF this force 10 the manner directed by
the ACT Is corsut!oDay impossible, the whoo scheme q
frustrated tho pubic duties with which the act charges
the Commissioners canlci DC performed by them consist
emily with the constitution, their appointment cannot
be upheld Tor public ocers without the ability TO per.
form public functions would be a5surdty Il tho case
stopped hero should be compelled 10 hold that the
commissioners were not entitled to ,cute the Official
functions which the previous Laws committed to the Mayor
Recoi der and City Judge.
And why should the case not stop there? In the
very first sentence quoted, he xoressy admits that
these new officials were city officers within tho
ferent names, and he admits that as such they
should be elected or appointed as directed by the
constitution. But the Chief Justice does not stop
tbele Although he has just before told us that
I'm 0nr1 tfr,tr III.
he suddenly wheels about, and by some judicial e.
gerdemaD, transforms these officers whom he had
just pronounced city officers, within the meaning
OF the constitution, into district officers, who are
act was not terrisorially limited to the city an l
county OF New York. Therefore, by enlarging its
upconstiiutonality, the act, and the appointments
under by the Governor were all strictly constieu
tonal. Such is the contemplate bubble which over
throws our constitution, and takes from the people
and gses TO the Governor and Legislature the whole
power to appoint our county city, town and village
officers. Fortified by this decision, what is to pre-
together to convert our eight Judicial districts into
eight police dstricA, and by the mere substitution
OF the word district for county, by legislative magic
transform all our county, city and town officers
Anrers sherfs, constabes, mayors, aldermen, coun.
cilmen and police offcers-into district Of
hcers, TINS throwing the whole patronage of the
State into the hands Of the Governor AMI Legisla-
constitution, and establishing scentra government
to send its agents TO every county in the State TO
appoint these district ofcers2 Notwithstanding this
decision, the Chief Justice is compelled to admit
that
The counties and cities nss no, only be preserved but
the legislature must DO nothing respecting then vi ich
viii render them ess suitable for the purposes for VT ,eb
hey Hrs recognized By the constitution.
And that
1t oanno, be denied that ar SC, OF the Legislature which
IN hc.
arrangements of the constitution.
The Legislature, i. g true cannot abolish the coup
ties without the aid of earthquake but according
to the Chief Justice, IL can, by fraudulent contr.
vance destroy the constitutional organization Of the
counties and siranchise tue people; and majority
OF the Court Of Appeals voluntarily make themselves
parties to the fraud BY giving an absurd and forced
construction to the act, making it paramount TO the
constitution. The Chief Justice implicitly apollo.
eizes for the character of the act he sustans and
consoles the people by the intmston tina, they can
choose more honest legislators to pot an end 10 this
unwaraDtsble central interference with our local
institutions, authorities and rights. The Chief JUS
which he will probably feel the full force Of in due
time. They will never again elevate TO the highest
judicial ONCE any man, who, when great and fun.
damentsl question presents itself for his decsona
question involving the organic law of the State and
the peace, welfare and rights Of the people--wil
permit pettitogging legislative contrivance 10 ride
over and destroy the Constitution they will elevate
no man who, when contest arises between the
Governor and the Legislature on the one hand, and
popular sovereignty and the Consultation on the
other will not, even If any real doubt exists give the
benefit Of that doubt 70 the cause OF constitutional
liberty. When that time arrives we are much mis-
taken il the people do no, remember with gratitude
those faithful and vigilant guards Of The Constitl
ton, judges Brown and Comstock, the former Of
whom was q member Of the convention Of 1896 and
appreciate the binding obya.ons Of is provisions.