New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-03

IL
hip is declared not to he changed The offices Of the
present Chiefs Of Police Of New-York and Brooklyn
are abolished, UPON the appointment of the Superin-
tendens Of Police under the act The act runs into
preat detail but the foregoing outline will be sufti.
cent for the understanding Of the questions which are
10 be CONQUERED. All former laws inconsistent with
il are repealed The plaintiffs insist that the act in
conflict both with express provisions and with the
general and particular arrangements Of the Constitu
ton Much of the discussion at the bar has turned
upon the effect Of the second section Of the tenth
article, which is here given at length: All county
officers whose election or appostment is not pro.
yided for by this Constitution shall be elected by
the electors of the respective countless appointed
by the Boards of Supervisors or other county
t6ortes, the Legislature shall direct All city,
town and village officers whose election appoint
"men is not provided for by this Constitution shall be
"elected by the electors ofsuch Cities towns and viii
lagos or of some division thereof or appointed by
"such authorities thereof the Legislature shall
designste fer the purpose. All other officers whose
ELECTION or appointment is not provided for by
"tbis Constitution. and all officers whose offices
"may hereafter be created by law, shall be elected by
"the people or appointed IS the Legislature may
"cirect." The principal question which arises upon
tbi. provision is whether the terms county officers
Ard rlfy torn and rliage officers, limited to such
officers whose Offices existed at the time OF the adop-
ton of the Constitution, pursuant to the laws OF the
s, ate then in force; whether they are general
description of class OF officers whose functions TO
relate to the localities which are mentioned without
ard to the question whether tie offices then existed
by law might thereafter De instituted, anu mus
embracing both existing and future offices falling with
in that description. In determining this question, We
must keep in mind that the Constitution was not framed
for a people entering into political society for the
frst time but for community already organized aud
furnished with legal and political institutions adapted
to all or nearly oil the purposes OK civl govern
ment; and that it was not intended to abolish these
institutions except far as they were repugnant 10
the Constitution then framed Ii was declared that
ali the acts of the Legislature then in force. and not
repugpant to that Constitution, should continue the
law Of the State, subject to such alterations as tue
Legislature might make concerning the same: AT.
l. Sec III By force Of these acts, thus continued IN
force great number of offices had been created, ana
among them, and constituting numerically far tue
largett portion of all the functonaes of the State
were the county, city, town and village ohces, oy
which the local government was carried on. All the
existing general and local offices referred to in
the Constitution very much as they would De IN an
act of the Legislature For instance, in the provls
ion Immediately under consideration, the Boards OF
Supervisors are mentioned as known county nst-
tuition. Sheriffs and Clerks of Counties are re-
ferred to in the same manner in the fret sec'ion
of the tenth article. BY the eighth section OF the
fourteenth article the offices of Supreme Court
Commissioner, Masters in Chancery. and Examiners
in Chancery, which We're simply statute otces, are,
among others, abolished. The Convention must
therefore b.. considered to have had in contemplation
the existing official organization of the State and Is
to be understood as speaking OF these local oncers
whose future appointment they were providing lor
either existing legal functionares or in the general
descriptive sense referred to- according as the scope
of the whole provision shall require. With this un-
derstandine OF the in which the Constitution
speaks of offices and officers the construction OF the
provision is plain. When in this secton 1t speaks OF
county officers, and of city, torn and village 9cers,
whose election or appointment is not provided Tor oy
the Constitution and declares that they shall be
elected or Appointed by the Local rs avi''oa a
offices instituted and existing under the actuai
laws of the State So in the next member OF the SEN
tepce where call other officers whose election, Nc Is
- Al: ,t,t,n qDOK on
of, the reference is equally to existing Offices ms
becomes apparent by that which follows ~ ana az
officers whose offices may hereafter be created by
h be elected Gy the PsSYR Xxi, e
braces all Offices thereafter to be created, whether
their functions local or general BY giving 1t ths
its natural interpretation and considering the previous
clauses confined to existing Offices the provision IL
Ineligible and harmonious; but if these clsus's are
not 90 limited, there is inevitable repugnancy On
the opposite construction, we have mandate thst an
e,istibp local Offices and all offices which may be
thereafter instituted shall be filled by local consult
uency and at the same time direction that those
thereafter to be instituted shall be TILED az the Legis
lature shall direct. 1t will be perceived that iqlr
classes Of officers referred to in the section Fst
those whose election OF appointment IS provided
for by this Constitutions these are named
only to be excluded from the direction to be
given; second, existing local oHicers-the then
| present county city, town and village officers:
these are to be chosen by constituencies In thar re-
spective localities; third oil existing officers whose
election &C. is not provided for by this Constitution,
ard who are other than county, city, town aud VII
age officers and fourth, all officers OF every descrlp
ton local or general whose offices were to be there
after created by law These two classes are throxn
into one and the Legislature is left free to provide Tor
their election or appointment as it shall think most
suitable 1t follows from what has been said, that VI
the Offices mentioned in the Municipal Police bill have
been created since the adoption of the Constitution,
the fact that they filled by appointment by the
Governor and Senate.is not violation OF the portion
of that instrument which have been considering.
But is not enough to take the case out OF the proys
ions of this section, that the names OF offices existing
when the Constitution adopted are atterward
changed by an act of the Legislature OF their functions
colorably modified The Constitution regards sub
stance and not FORM Now there was, anterior to tue
adoption of the Constitution efexecutIve 0fcer OF
the police and large number OF captains assistsn
CAPTAINS and policemen all of whom, except the Chief
are declared TO possess the power Of marshals and
the chief was to possess the power OF Justice OF the
Police Court laws 1876, page 469, Article l., Secs
9 6; Article 2, sec. g. All these officials were, have
no doubt, public officers, and they were moreover city
officers within the meaning of the Constitution The
Superintendent Of Police, his captains sergeants and
patrolmen mentioned in the Metropolitan Police bill,
are officials of the same character possessing substan-
TALLY the same powers, and authorized 10 exercise luo
same functions those heretofore exstiIS un .h
somewhat different names, and if appointed Ior tue
CITY Of NewYork unconnected with the other terri
| tory annexed to it by this act, they should nave
been elected by the electors OF the Guy, vi y,
some division Of it, or aprP.Sa ~ sca,e o1."oy
Of the city The Police Commissioners, assuni.
| ing that they were themselves constitutionay
appointed, cannot be regarded as authorities Of the
city within the meaning of the Constitution. Hence
il follows that the provisions OF the statute had been
limited tetOrally to the City of New York. it would
have been in conflict with the section OF the Constu-
ton so often referred to. The duties of the police
force sought to be organized and governed was the
sole public object of the enactment. II the appoint
men of this force in the manner directed by the act