The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-01
WHOLE NO. 754s.
THE POLICE QUESTION.
III ~<$N~S~~~~<r>>r><.~~/>r~O l..
The Argument to Dissolve Judge Roose-
velt's Injunction.
4 NANDAMUS AGAINST THE CITY JUDGE.
NN(>~rN~N<N>>NONo><>NN<. 4
TINE VIEW ACTS IN the BOARD or ALDERMEN.
~~~~NN~~.>No~~>ON>N~J>r~
he Macs Indignation Meeting in Weaehester
County,
THE POLICE QUESTION.
4 HANDAMUs AGAINST THE CITY JUDGE
TINE VIEW ACTS IN the BOARD OF ALDERMEN.

ARGUMENT ON THE APPLIO ALTON TO Dis
SOLVE JUDGE ROOsEvELT's ABSOLUTE
INJUNCTION ON TIE QUO WARRANrO
PROCEEDINGS.
SUPREME CeUar-sPECIAL TERM.
Before Judge Peabody.
N ppoprB STATE op VIEW YORK; AT nR RELATION on
ynNAsDo WOOD MAYOR ~ THB CITY OF NEW YORK, Va
WpoN DRAPER, ETC.
AyRu 3o-Thc continuation Of the argument ON The sp-
vsson ~ dissolve the absolute injunction granted by
sdge cit against tho Commissioners Of Police
down for this morning at 10 O'Clock; but Mr..
r,h who present his view Of the case, behalf
6 the COMMISSIONER WAS engaged In another cause, tho
sysmen further postponed TIL O'Clock in the after
noon that hour the attendance In the court room was
sn4ts large.
lodge Edonds presented his views IN behalf of the pn-
n&G IN commencing the discharge Of the duty devoyed
sSpn him. be felt his first obligation to be 10 thank his Honor
~ having afforded him opportunity Of examining
"a question presented before the Court His familiarity
wHA the question had been sufficient and be had found
airy consult and precedonts He had beard
made reference to the and policy Of the
courts, which little examination had satisfied him were
snsey wrong Counsel for the people had been surround
ed from the beginning by excited and earnest individuals
Who wond yield instant for delberaton, but who
forward to their mark with which
might have been better exhibited in better cause Tbey
had been menaced here with the power OF the Execu
OF the State, aud told that thai would be brought
10 bear against them In their appeal TO the judiciary
a the land On hearing this menace he was re.
minded OF that incident when the eInancipated
rave spartacus, being in ooancil with bis oonfrss,
individual labering under some undue excitement
gashed 10 with the announcement, fhe egions OF Rome
upon p, and he remembered the for It's
Denity, (" Let them come We are armed" SO they had
Dad proclaimed here that the outdoor excitement the
public opinion OF the cy TO be brought bear the
subject and appeals had been made 10 the applause OF the
audience He, for one, could not then help asking himself
whence comes This alnslon In court OF justice Was
Tor the purpose Of lettering counseP No. Was It for
shs purpose Of Influencing public opinion as 70 affect
The Judge1 II directly to nfueace the Judges
umd9 They would see why these announcements had
Aeen made This had been spoken OF worthy only
81 judicial contempt Counsel for tho people were NOT here
volunteer They the feed counsel Of their clients
they not here surrounded by the excitement grow
ing out Of the disposition TO seize The prize before them
No, they were here In the condition OF counsel retained
counsel ordina lily and therefore they could afford
DO calm, moderate and discreet This proceeding tho
result o the united and deliberate Judgment Of the three
eonns' ENGAGED for the plaintiff They might not have
sained the position at the bar which their opponent ir
royes had attained bit even IF they had they did not
think themselves entitled 70 speak edeird Of
being worthy only OF judicial contempt They here
present questols a Constitutional law, and they would
R by the waysde 10 play AT the game which counsel
bad offered 10 them was game Of vituperation IN
which might well play pari, but counsel the
ccr side wei knew that they would not DO dragged into
game. The and the counsel had not only been
threatened with the vengeance of the mob and Of the
executive counsel had been denounced resisting the
power Of tho state wa that they clpo into soar
a sea to reist wha; they regarded most wanto
AMI usurpato; and now thew were here pIng
sss this question might be disposed of according the
INV Of the land. ResHtaHce 10 the Legislature ~ the
executive when they exceeded their authority, was-ln
tbs eolntr,--no crime, no cause Of rewcach. 10 far
from s beng matter Of reprHach 10 either COUNSEL
court. was Ia this land, at least VI ro cling Il
The bOunden duty OF the courts in such 10 inter
rose and he yet ~ learn that they who asking
tna inerpose 20 be met either with camo,
pr reproich They not disturbed however, by tn,
soris Of those who wished TO interfere With their
sescia duties they apprehensve OF the onec
% The olsInor as % The police regulations Of tho oy
They had the Supreme Court 60 resort TO- and they had the
chief magistrate OF the city depend upon. Before
single siep taken in regard TO asking the interpolation
of the courts, the subject carefully considered by the
Mayor and his counsel to whu would be the result OF
tnai step They found there authority In the Com.
sxi1nr rs until they had organized under tho Slst section
OF the law; and therefore they had taken steps guard
against their organization. There but two acrua
sIyes One was that t4e Mayor should surrender his c4n
troll over the police the cnef servant OF tho people Of
chs city; be must arrest tnese Commissioners before
they clothed with power TO act, Thoy obtained an
ncauon Of the injunction, hers could not have been
any conflict until the question should DO disposed OF
That the aspect IN which the question presented
30 The Mayor, when he FIRST took action and but for tho
surrcpuOusy obtained modification OF tho injunction,
there would have been 10 dscuiy In tho matter The
Mayor was not only charged with this oourse by hs own
sense Of bis duty, by WA devolyed upon him by the
resolutions Of the Common Council How that duty 70
be pcrfoimed7 Here he found law passed by the legs
iure which virtually destroyed tho powers Of tho chief
magistrate u this city Like como Of The kings Of old tho
Mayor Of this cylfthis law went into operatopnsiaad Of
being clothed with authority protect and defend the city
would have other duty " prform Than TO sit upon da
and be Ted out d golden bowl on mead He found the
power Of the Mayoray virtually annued by this law
that the police fund Of 81 $50 900 be from the
city and placed in the hands Of state officers that he
t2coc coo, and that property belonging 10 tho city
taken oui Of the control Of the city authorities. The
Mayor therefore instructed 70 such tsonsroul
ugurpaion and he appealed 10 the courts Of the land
rodres the wrong DONE not 10 him. but 70 those In whose
ocer This was The whole head and front q her oacpca
hey asked the interpretation Of the Court III the consttu
"a tribunal Of the land hsy ssSeS a. 20 pssvsnI sho
Airefu results which might follow. AL these
% equitable jurisdiction, and u was 10 the equitable
1ursdicton Of this Court that they appealed. They
had made every offer 70 facilitate and expedite The
DIAL decision. Ne would respect that oGer. He would
gage have this decided by the Court Of Appeals
ishn sixty days They had had opportunity
6 taking further proceedings on Judge Davies decision Tor
% ssy hc uSS SSo %
uh law I'll It's oonsutuuonay could be tested before the
Court q Appeals There were two erca. questions in.
Ason and the othor question Of practice IN the
bere had been four different counsel the other side
-uly one Of them bad vep,ured dtscus tho oonstu.
snahy Of tho law. Again and again had they prevented
ahre question OF oonstitutonaniy 70 Tho other s.do,
p,s Il was evaded by them. Wore they 20 under
sand by this that tbero was oonccssiou here
Aai NC R, IN soro Va. mo o,er sie
Asoce and be might infer from that point which
sbey did not want 10 bring into Tho issue, and
tai they conceded that this law rotten In
~ constitutional elements. There no one OF The
cuunee on the other side 30 poor "a ~ do reverence,
and 70 defend lie constiuuonaty But sl would be no
sary for him 70 present the point TO hs Honor The du
ts Of courts Of justice IN reference 70 constitutional law
were well described as the most delicate and important
that could DO brought 10 the confederation Of tho
Tie charges made here that they interfering with
w Of the legislature which he surprised 70
tcar because that charge which muet always
be brought when tho oonssitutonalty Of n law u
brought before a court The duties Of the Cour
m reference 10 constitutional questions summed up
u,o@t carefully In kepts Commentaries Counsel read
extracts from si Kent, i4s from The opaion OF the
In The Of Fletcher and Peek Cranch referred
~ Collar art Bull nalas $685. and Marbury agt Madison
LAT Canch 8T They had heard from the counsel the
other side read with decided APPRECIATION expression
~ old forym from Bench showing the attachment o.
oae Of the Chanceors Of England 10 precedent In the
tine Of Lord Hardwioke-oyer 100 years aso-hat might
have been rood but he not 20 be told Ia this
country Of revolution and improvements, OF The propriey
az standing still where their fathers sood hundred years
ago hundred years ago the idea Of attempting 70 dis.
tnrb statute account o. iss unconsttutonaiy would