The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-03


The Court Of Appeals yesterday forenoon pro-
nounced s Judgment the question Of the legality
Of the Metropolitan Police act. Annexed Is the
recosd:-
IN FAVOR rHu Acr.
Eu-res Residence, Poltscs.
Hiram DEMO, Chief Justice Utica Old line dem.
Alsr 6 Johnson Albany. Free soil dem.
Ssmi seiden. Rochester Pre- soil dem,
Alonro Paige ....... Schenectady Old line dem.
VIM ii. Shank Apd. Syracuse. Free soil dem.
Levit b"wen'''''' .Lookpor.. Republican
Geo Comssock. ....... Syracuse American
Geo W Brown. Ne Hburg. Old line dem
The opinion of the Court, which Was delivered by
the Chief Justice, examines the points as to the
creation of the Metropolitan Police district, and the
method Of the appointments provided for in the
bill, and declares that there Is nothing adverse to
the letter of the constitution In either. There ia
nothing in the constitution prohibiting the abolition
of the local police arrangements Of the city by the
Legislature nor the remodeling Of the force In any
manner that the Legislature sees fit. Judge Shank
land delivered an opinion the affirmative side Of
the question In which the merits of the case wsre
fully discussed, to show the necessity of some
reform In the police arrangements of the
city, thus jusfyng the passage Of the bill by the
Legislature. Judges Brown and Comstock dissent
from the declaration recognizing the alteration or
modification OF the divisions Of cities and counties
g. ia the instance of the formation Of the Metropo
tan district. On the whole, the Metropolitan Police
act appears TO be very successful evasion of the
terms OF the constitution. The people will now
adsp. the suggestion Of Judge DEMO, viz.:-"The
true remedy for unwise legislation is provided for
in tee constitution by the frequent renewal Of Le
gsaturesr The ballot box II the court OF last rcsort
The decision Of the Court was altogether unexpected
Yesterday when the news was telegraphed to town.
Il was understood that the Judges had fixed upon
this morning as TIE time for Its delivery, but owing
to some suggestions In regard TO the Fourth Of July
and ia PRONUNCIATION here on that day, 1t was
thought expedient by the Court to deliver
yesterday. Its effect at White Street
v,s quite electifying, and Metropolitan police
warrants went up considerably above par be-
fore aight variety Of displays of flags with some
llumlrstions were made by the different Metropoli
tan station houses. The Commissioners were sere-
naAed ut midnight by full band, attended by large
delegations Of the Metropolitan police, who were
treated with due hospitality, champagne and FIRE
works, at the residences Of the different Commits
sioners.
The steamer Cyclops, detailed by the British 60
verpmsnt TO make soundings along the route of the
proposed submarine cable across the Atlantic, ar.
rived at St. Johns, Newfoundland, on Wednesday.
Lieut. DaymaA, her commander, confirms in every
material particular tho seuadings made by Lieut.
Berry man, thus placing this important matter be-
yond further cavil from any quarter.
We pubtsh elsewhere q very interesting communi-
cation from the Superintendent Of Castle Garden TO
the Commissioners Of Emigration. giving q very
comprehensive and useful table Of the number Of
vessels snd emigrAnts arriving at this port for each
month since the LIST OF January, 1885, From this
Communication IL appears that the United States
are far behind England In the number Of her stea
vessels engaged in the emigrant trade, for while
England has had thirty FIVE steamers q. this port
durirg that tine with emgrants, the United States
have had but two. The arrivals ut Castle Garden
on Wednesday and Thursday were very large,
amounting 10 over $500 each day.
Our raiders are not perhaps aware that until re
Gently the difficulties attending The recovery of pro-
pesty left by deceased Americans In Cuba were 20
great as In many instances 10 amount 10 ts virtual
cor Csc alton by the government. This state Of
things caused great discomfort amongst the foreign
residents: bat II was not until DR.. Edward worrell,
late United States Consul at Matsnzas. took the
matter In hand that steps were taken TO remedy IL.
That gentleman succeeded In drawing General Con-
chas attention 10 the subject and law has been re-
Gently passed which has eectualy settled the rights
Of the legitimate heirs, and removed the obstacles
which had existed 10 the establishment OF their
claims In another column win be found letter
addressed TO DR.. wouel by Mr.. Hewett, Of Havana,
acknowledging the services rendered by him In OBJ
tanning the passage Of the new law. We willingly
give insertion a. Just tribute to the merits Of
geni!emsn who has always distinguished himself by
his readiness 70 promote the interests Of his ooun.
rymen In Cuba.
We pubush elsewhere an official despatch Of Com
modore Psulding, Of the Wabash, TO the Navy De
psrnent, In reference TO the Ncarseu Hlibusters
recently landed on our shores Many OF the facts
mentioned by the Commodore have already been
made public. He says-" II became necessary, not
only 10 give protection 70 our misguided country
meu, but TO reconcile the interests Of con.euaing
parties belonging 10 the United States and Costa
Rics not always 70 be comprebsnded nor disposed
ofby an ordinary standard"
A train on the Marietta and Cincinnati railroad
vS en- wednesday precipitsted down an embank.
nest q distance Of fftythree feet, mashing the
carat fragments. Three persons we're killed, eight
injured probably beyond recovery. and dozen
Others more or less msneled. We give list of the
names OF the sufferers, far asoertained, under
the telegraph head.
We give elscwhere full account OF the present
condition Of the hospital buildings In process Of
erection at Seguines Point The recent visit 10 the
new Quarantine by the committee Of the Emigration
Commissioners, and Their dcnunciation Of the nature
sad extent the hospital and other accommodation
proposed 70 he furnished have had the effect 10 wake
up the Quarantine Commisrsaners 10 increased &C.
tivfty.
The Chamber Of Commerce held quarterly meet
ing o. Clinton Han last evening. The COMMITTEES
on Observatory reported that they had prepared a
memorial to the Common Council, asking for ,be
grant OF an appropriate site on the Battery. A de
bate took place on the long standing subject of a
permanent location for the Chamber, when Prosper
y. wetnore, ESQ., rather walked up the members By