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

department or sesrs' eVes .ssnss ~, .a. ,be Dc. |
sh nor ' :sr ilS 81
,it ION bees ise when uri.ea The two 20: tAe KS
y he purposes Of govern nsnt, 10 ore ., 20 s,,a NJ
seT,S , , q Kin. - gin ed and WS:hs.sr
sy Or oo3.t-1-tion esis % o0nseE xhs.
"a. b. d9IS epSyS 70 3rns;e he cae. 5asa heir
ca,ion to toe ofosr.r ,ience .. ,he slns vh,s ".
was framed &c Dseet. Such would be
srd iip~rs interpret and I'D ed guide w.ud
ssi he objects when he ts&ms II 1h 70 stan; When
smooy the terms county, C,y, tom ana village ohicei
peak. them sna ,pes e tsqa ssne;, a.. d Ecu"
ior intending to inerde ther hoe sens a. u. hns
hs Il was int.aasd .h electors and su.ho
2. s.s i III :. A. and 's9:; 'Sfs
Il the Legislature. 70 trye ,hn OF the .sno rah
,ros.ion woad be o d< Under color Of creating sew
pces with similar functions those N being 81 'se TAME HsH
De ec,ss Of S IL o1es ha All cu.y cee whose
eects appointment not provided for ~ tn
ties or appointed BY tie Bosrd- Of sugfvisors OF otnsf
cosnt, sasoes ~ he Les's:ure .hs dir,ct Al city
"o pr sSss 10 by rs coH:sn shall b n.
such se town: or y.ss s By 0ns e, eT s..
atrf. anal desa.te for ths, papos." This |, the only
pro,ac' in Ir:Rrs 10 TINS no. posd for BY the Con
:Gn ..i 81 'P The whole State !; ms snd up
10 10 ' s.ve pe esecdi1ded for purpose: Of in
erpal government and administrators mp eou Ii nsb
sns purpose sss admits Of .S inter
probation but and that manifest intention 70 .vps
'f and the night Of Il ssa saho The pro-
Ssop" Of the Metropoan Police bin conflict with ti'
right It is sought to be aPhed upon two grounds .s
;sSi tss ;s q oheS G os whose
provided for by the Consituon ana ~ s
by the people Of appointed the Legislature may direct
M the seeond branch last qao;edtha, IN respect
which il thou ght to contain authority for the Meop Po
ice while to nOee that the P,ecsa Of
officers, declares that the election shs DO MADE Dy n
Whit the passage last quoted respect 70 officers whose offices
might thereafter created by law, declares they are 70 o.
IN tho coynes cities towns villages the electors who are
elect limited to the electors Of the respective locss
Offices might be created By lay are to Be
elected abby the people without ao1 material In
the one there express limitation to locality In the other
o be BY the people Of the locality which and for
which their be performed by the people OF
@ % so' .da
general and local The manifest distinction between
those who are to elect in the other not unmeanins and
accidental but significant and Intentions. is the whole iaa
it, isnsusse wherever employ. 9. term the people,"
!, thu wn0s a5a mot aSDn 81 ,no the People
of the State Of York grateful to Amshty God fer our
s,tution" So in Section TO- Article mo law shall be
sbrsns The sh Of f. he people Pssce.Sy . to o
State in Their night Of sovereignty are &c a
Section 4 Of Article the ensns clause Of s 20 ss IN ,ts
b. Submitted to 1.-THE people Section r. Article And ceI'
n cCr.t,atona ss 10 De- 81 T TO- .na s s
encos sufficiently indicate who ia intended BY the term the
who are to elect the officers referred to in the concluding
of the I'd section and that their functions are not local
but general and in which the whole people have common
Il 10 sound rule Of legal construction, well Of literary
criticism, that part nay, word IT statute or
written instrument SHALL Il possible 6ove effect 0nc p,r
statute u be 80 construed By ,nIssr sa' .he rn9s
Get set Com So The principle Of ss d. . G5.t sa r
sonsbe rule the of appointment, there asserted
exclusion Of the of appointment and election by the
claimed the Legislature under the concluding clause OF sec
2s destructive Of the power given to the electors and auth9
the counties cities and towns by the two preceding
clauses the section. Both cannot stand and have effect
tSsh IT, ~ the o ts .. raI
which the Offices Of Canal Auditor and Superintendent OF the
and int will uer vioence effect will be given
every csuse contained the section the rights Of the local
nantsiued strength and integrity. Warner The PEG
pie p5G az j. in nccr RS ahs Les
@ re VI E ds ss. Of s Ss 2. ie eY na eSy i
by The city. Both the Supreme Court the
Mr. justice Bronson said I'll the Office may be divided and
he duties be assigned to two officers both must be chosen BY
The censuon mn The GhanceOf in the Court Of Erro also
he .sb.a Of he G na
1T TO another who he appointed in different aud
provided by the Contribution IT i. legitimate exercise
she night TO regulate the duties no umen Of the Office but
Tn second round upon which the Metropolitan Police bill
thought valid Is the literal adherence TO the words Of
tie clauses of the I'd section Of the 10Th Article Iii
~ town nor village Office. that they district offices
within the meaning Of the section We have already seen thst
depye Of rights derived the law BY
changing designation Of locality civil division deprive its
inhabitants of the night of local government What cannot be
done respect county city, cannot be done to two
ne. TIE sane law Of Interpretation by wIci we ascertain
that the Lsatsle cannot devove III, power to make laws
other Couit' Of Appeal ami other Supreme Courts tells
that cannot institute and conduct soveTnn ent by districts
inuting ana conducting It by COUNTIES cities and vii
lagos Epre..io H5a' e't .ea'io al.,g Any other con-
ogspc law enc psces the form and structure Of the Govern
reted upon the argument BY the learned counsel
m the defendants TO series Of sets in which it thought toe
IN controversy in this seton They are laws crcatus commits.
ion. to con.,s; bridge. public building, aud TSa' snd to
snsogy to the act under exsnraio They give power to
BESIDES n.ructns roads and bridges. and erecting
pubic buildings laying out and nns parks and public
s mo; rsro bat Ihsy ,f not ws
rights duties public private Goa has also been made
District T. period. and t ccrtsa specified
purposes These divisions exist not for decentralization bat to
Tie act under ia, ration creates Potr District 70 be
and Richmond need not give the Of its
'0 from G T. y Of spd ba ~ 81 70 s1 ss
lyn the power EJECT or by their authti' g appoint.
any par, Of the Police force Of ehc city vs. this power
In Copi.ion Of members, ave of whom To
pointed BY the Governor and Senate The other two ere the
Mby0fs.
the time tire passed beth cities had large Organized
Police force holding their Offices oT tc Gicga authorities
vhe the rural towns Kings and te counties Westcheter
Richmond had the customary Police. Composed Of Consta
bes Ind Sheriff. si dpnies The act effects change in the
Police q hose counties rural towns unless their Boards
Supervisors shall otherwise elect Until such election the Con-
stables chosen BY tie people Of Wesche.et Rchnond and
the country towns OF Kings 10 posses the authority
eed upontLc paomon Of the Police force The effect Of the
act upon the two urban communities Is quite different Tue
the excl control Of he etile Police force TIE moneys
def the Of tie city Police force BE- raised By
pom the real aud personal property therein collected and