The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-26

sors OF the county CT New YORK Is u determine how
many shall be appointed quota OF the patrol force
be paid for by said county the Common Council of
Nn how many shalt be appointed quota he paid by
that city the Supervisors Of the towns of Kings except
those Of Brooklyn, how many shall be appointed as
quota be paid for by those towns and the Supervisors
Of Richmond and We'tcbester, respectively, how many
shall be appointed as quota for those Countless and be
paid by them respectively. But the whole control
or the whole police force, the designation of per
TO act in any part of the district, and OF
the number a;t, the times ana places when is
under the control of the DO of Police and Of their Sd
perinendent and other officers appointed by it. Sec G.
The district Is 10 he divide into precincts without regard
TO county or ward boundaries and inspector captain
OF police and four sergeants 70 be assigned 10 such
precinct Sec 10. They may be assigned from day -
day from month month; they are not appointed for
par tcuar precinct they ilke military ouicers)
signed to part ular station remain there only so long
as The head OF the department may it, Each county
ID 10 furnish Its quota OF the fund necessary to pay the
body Of police but is not to for any particular
part Of that body but all into the treasury or tho
state and is thence TO be discussed for the general pur
poses OF the act Sec ~. IL that the duties 10 be
performed by this police force have heretofore beea
formed through county, town cor ward officers. Bat
there is nothing in the constitution which prevents the 10
gislaure in its sound discretion from transferring tue per-
Torrance Of those particular duties from class of
officers to another At common Law, and at the
time Of the adoption of this constituen 10 mos, not all
the counties, the Sheriff in sense, head of the
police and was bis special dut to preserve the peace
HeSs officer who recognized by the constitution, and
whose election is there specially provided for, yet that
part OF his duties could PROFESSIONALLY be taken from him
and be by others by The Mayor Of city, or
the head Of police Nor does the tuon declare
necessarily imply that duties sppertanng by the Law az
then stood to particular office, should always remain
either appurenapt to that Office, to other office
Of equally limited local extent The Office Of Sheriff could
not be stripped of all s duties, and those duties be all
transferred to another officer but this implied prohbiten
applies well TO officer within the county
officer whose power should extend over several
counties. In neither could transfer be made Of all
the dutes and is much within the competency Of the
Les stature TO make partial transfer Of those duties to
officers who shall have control several countless
1t is to make 1t TO who shall be limited to q single
county The language Of the constitution was not adopted
as to the words they used is that call county officers
all city, town and village ofcers,' shall be elected
or appointed, BE- by the local authorities. s not that
all the duties heretofore performed by those officers shall
be thereafter performed by county officers But knowing
and intending that the Legislature should regulate the du
ties Of officers it should find expedent from
unrestrained that respect. might be that the
conductors Of railroads would become negligent Of the
safety OF passengers that fines and penalties would be-
come necessary to have public officer accompany each
train to that the neediu regulations observed.
would be 50 frequently stolen that would be expedient
TO have officer attend each freight train. If so, IL
would become the duty OF the Legislature 10 afford
that means Of protection TO the citizen and his proper
y and the most eGectual means Of ompltshng 1t
might be to organize police forcc 70 be appointed
by mmissopers with superintendent under them; and
it would be necessary appoint them not for single
COUNTY by the local authorities but by body Of
men who should have contr the whole route OF the
road as per the Erie road, great Central road or
the Hudson river road, the Har and Albany r0at
emilar necessity might arise canals River
Of New York ha ve long been complained of. They may
extend their dcpreda Ions and said that they havel
10 ,ne mel. noorng counties An ordinary oice orce Is
overcome them might be force Of appointed for
New York and It's neighboriDg cMntes, with one head
and equal power In every part Of the district The const
tuition shows DO design 10 cripple tn, Legislature VI its
power Of aording such remedy In all the
be- h osrs o MOI
ed for or by local authorities The poor at time
supported by towns the overseers elected or appointed
fOr hncA Tnat nsI..
cases shifted from the 2arate to~ns TO the whole
county As We. IL has not been extended further a
general rule Can IL be that should become expedieut
In Instances constitute so or more counties into
one district for the of those counties and have the
could not be done n he power nav Se erercsea IN any
OF these cases, then oicersfor districts losing
several countesAthoogh perfor ming duties formerly
performed by officers OF counties and towns, care ocers
whose Offices created after the adoption OF the cous
tnop within the aiming OF that instrument, and they
be eecsed by the people appointed the Iegisla
ture may direct Then In this case Also there being
officers Tor districts not before known, although perform
ing duties formerly performed by ,nty officers
may also be appointed the Legislature has directed
The Illustrations that have been produced land
might be arc referred 10 in The defend
ants points In acts already sed show that there
good reasons why this power should have been allowed
to the leg ature and that Is thus either the probable
intent Of the consuuion-and the power within the
express and liberal words OF tho constutiouwhch ap
plies TO all offices therein created, and this office there
after created II follows that the letter OF the constitution
concur In sustaining the law under consideration.
The Journal Of the convention which framed the present
constitution and The address made by the members OF that
body, have been referred to- TO prove that car
dinal object Of that instrument Is "to reduce and
decentral lie the pat ronage Of the executive
governm ,nt" and that accordingly In the language
Of that address, the important State officers
made elective by the people OF the State and most OF the
officers Of ces towns and counties are made elective by
the voters of the locality they serve" The address thus
speaks Of tue constitution Is, and refers to Il TO show
in what instances this principle carried ouaud speaks
OF II as limited, not an unlimited, prt ciple-it ap
plauds the constitution, for any implied restraint
which II contained on tho power OF tho Losisa
tgrc TO erect new officers and to control The mode
OF their appointment, whether by the Governor and
Senate, or by districts or locaties-but for the
clear and unambiguous provisions by which IL was ex'
pressy declared that certain officers who namci in
the constitution should be elected appointed by the
local authorities, Is referred 70 those thus named, and
called on the people for appreciation OF their abors be
cause those special DIVISIONS made and not under
the idea that having provided for Of decen
ualzaon they had thereby infused into the constitution
distinguish ard In the clause last quoted speak OF all,
but Of most Of the county tom and city Offices, and Of
specifying the instances TO which this principle ap
Piled acted on the wc aud contrary rule OF changing the
elemental Law in particular cases, the effect OF which vas
plain TO their perceptionot on some broad theoretical
idea whore extent with ia sequences and results must
be left 10 time chance IN discover. The appointment
OF officers for districts smaller than towns larger
than counties they lc at large TO tho Legislature,
in the confidence that In republic the people
may rely, with safety upon legislature one part Of
own hands at succeeding ecton. II Is said that the
law attempts to transfer the police property belonging 10
Pofce( Scc. 1b) If IL din, that would avoid the
whole act. The section (ls,h) IN which this supposed
transfer is made distinct aud separate one, aud may be
rejected, and yet the rect OF the act be eecua The
OF Warren We. The City OF Charestown q Gray, 1917
states sensible rule, which Is, substantially, that when
the parts OF act blended together that the
stuonal part cannot be struck without thereby leaving
the act in such condition that Il would defeat the intention
OF the Legislature, when the unconstitutional part
manesty the very object OF the Law, there the whale
must fall together. So IL would follow here that n all this
law DC but the part repeating statutes in
consientwth it-that repeating clause must fall also.
But the section a. TO property IL paratvely unim
portant part OF the act Its great object evidently Is
obtain new and efficient organization OF police for the
new district The 18th section, however, expressly de.
cares that the ownership OF the property referred and
The use Of the shall be according the ordinances Of
the common councils OF the two cities respectively.
that property Is held by those cities under obligation
rust TO allow them TO be used for police purposes may
wen De that any police force at may be acting for the
benefit oilthoee cities may be entitled " such OF
them.
The Judgment Of the special term In favor Of the de
PENDANTS should he affirmed with costs 70 DO paid by the
rclatOY.