New-York daily tribune., 1857-04-24
THE POLICE CONTEST.
ARGUMENT UPON THE INJUNCTION.


SUPREME COURT-SrEcIAL TERn-ArnL 2l-Beioro
Judge DAVIES.
Fernando Wood agt. James w Nye. Simeon Draper Jacob
Cholwell. James Bowen. James $. 4. stranaian snd
Samuel \. Pswep
The hearing upon the order 20 show cause why the
Injunction upon the Police Commission should
not be continued, took place this afternoon at clock
in tho General Term ROOM which was well filled with
members of tho Bar and others. Several of the new
Police Commissioners were present, and Mayor Wood
occupied conspicuous situation near his counsel
Corporation Counsel Busteed also present looking
wisely ator the interests of his metropolitan client
The plaintiff was represented by Judge Edmonds,
Charles Conor and Theodore Scdgwick the dcfcnd-
ants by A. Oakley Hall, Vim. NJ. Evarts, d. y. Field
and Vim. Curtis Noyes.
Judge Davies suggested that the hearing in the first
instance be at the General Term. which would be in
session very soon, and Judge Edmonds professed him
self willing to wait but Mr.. Evats said no, unless
the preliminary injunction frst dissolved. The
Commissioners, whom he represented, could not ac-
cede to an adjournment upon any other condition than
that. After good deal Of informal discussion, Judg,
Davies concluded hear the for few hours and
then adjourn it
After Judge Edmonds had read the complaint and
Mr. Evarts the affidavit ON which the injunction
granted both of which wcn published in this morn
ings TRIBuNEl, and another affidavit embodyng the
fact Of the meeting of the now Board, and what was
don. there, the hearing fairly commenced
ARGUMENT on BEHALF or THE MAYOR
Judge Edmonds proceeded with the argument
Mayor Wood according to his oOunsers statement
took th. action in order to protect the peace and
good order of the community, and to avoid collision
between the new Board and the Common Council
TO which the action of the latter tending
Upon the papers the question distinctly presented
whether the Metropolitan Police act was in contra
vention of the law of the land. Tho delicate
| authority which Judge, single man. is
asked 10 exercise-to inerposc between the Legis-
ture and the people, had been often exercised by
the Courts, that il had become familiar under the
Constitutions both ofthe United States and the several
| States. In support of this position the following
| authorities are referred to- Kent, 453 Hill li4
3 Selden % and SO, 100, ll9; l Story, C. A.
Herman, 800; 3 Herman, $50. These cases showed
the length to which Courts felt constrained to
90 10 restrain the unwarsntsble usurpstions Of the
Legislature.
Ii this case calling for the discharge of this duty
Does the statute in question violate the scope and
general purpor Of the Constitution conflict with
any clause thereof The second section of the tenth
article of the Constitution is that upon which rely
1t is a. folows:
SECTION All county officers whose election appoint
nen not provided for by this Constitution shall be elected
by the electors Of the respective counties appointed by the
Bosrdsof Supervisors other county authorities the Leg
auTe shall direct All city, town and village officers
election appointment provided BY this Consttu
shall be eected by the cities towns
villages Of division thereof appointed by such
hortes thereof the Legislature designate that pu
provided for BY this Constitution and all officers whose oocs
hereafter created by law shall be elected BY the people,
or appointed IS the legislature may direct"
This shows the operation of general principle
which pervades the Constitution. and particular ap
pcation of that principle to county and town officers
That principle conforms To the general purpose and
scope of the Constitution under which we live. Those
who framed il aimed TO decentraze the power of this
State II was their great object
Before the Constitution OF 1870, the power
greatly centralized. Not even 8 Coroner derived his
power from any other than the central powcr-the
Governor In that Constitution the reform was begun
In 1876 the same idea governed the Convention
which took another great step IN the same direction
the Senatorial and Assembly Districts were increased
in number legislative powers were Withdrawn In .
great MEASURE from Albany and scattered among the
people at large Even the judiciary felt the influence
OF this decentralizDg movement instead OF one cen
| ,ral Supreme Court We now have Q number Of pro-
yncal Courts, and the Court OF Appeals receives
iresh blood from the provinces every year.
ls not this act Of the Legislature an EVASION or a
VIOLATION OF the decentrdzing principief whence
comes This law Are tho local authorities incomPe
tent TO perform these duties Why this sggregauoa
OF tnc four Counties Would it not be as easy Tor
The Counties to act separstely a. together Whstne-
cessity 70 depart Homthe principle OF te Constitution
Was " competent foT the Legislature TO pass such q
aw Whst power has The Legislature to get round
be plan Prc''Sos Fthis Constitution. that coansies