The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-08

.srmer d,sbauded. poice force Il was u this state Of
pcrplexiy and im eed ~ sense Of duty growing GU,
Of t. that the majority of old Commissioners TOOK the
courss they did hey feit thai the right to mAintaa
local police Of the corporate rights OF our CITY
that the Corporation OF the lily had accepted II OIL the
terms the State had proposed that IL tho cb.tcr Of
the city worth anything under the guarantees OF
The Constitution. The LEGISLATURE cooid not destroy or de-
.sckh IL arbitrarily or cApricioosiy they considered
that their powers held in truss that they
bond defend them sganst and not 10 surrender them
suspend them deerrpg to what they b.leved TO DO
and " ere reliably advised void Law. They kept up
the organization under the old law, 10 ready 70
perform is functions should the new law, with
is repeal og ihe Old, be found 70 be uncoo-
stituuonai by the court OF Last resort There
x D Of $ j. s an
Of the Legislature contrary provision Of the
copsttiop cannot possess the force OF az" not
from the oomnencement-ffom the beginning II can
not poesess the force Of law and public odacer
III there rs sn.) 10 In answering the question
to who shall Judge Of the obligation or binding
every description those who sworn to enforce and
sdmDister the laws 70 them to be executed-there
ought 70 Do NO difficulty No pubic officer Ought to oe ex
pected required to execute public law as 10 the
con, ttu,ionaiy Of which there IL fair reasonable
doubt, ana % TO the upcons,ituiOpalty OF which
he Is so firmly satisfied bimsef TO believe s enio'ce
ment would conflict IT'D violate his official OATH Snail
he law hch he honestly believes Is not Law
which he convinced be has right executor shall
be suffer one 70 go unexccused or unenorced
officer claiming 10 exit under another and questionable
law ,hp h he has no right to enforce M Who is TO Judge
between the two2 As Judge Of this Court IL Is my pro-
viSce and duty to ds eide the cons,uonay or un
oonstituoDany Of every statute submitted to me in that
capacity should err dec lions can DO reviewed by
the appellate uibunas That hls right appertans 70 me
in my judicial character, sitting In the exercise Of my Judi
the new "e police law did no. come before me
q court but II before me ss one
bad to answer IN the pe ence of my const and I'M
der nv cath Of Office, sas whether when was perfectly
convinced mat violated the oonstt tion OF our staie
and accordingly imperative should surrender, IN
obedience 70 s mandates OF the most important fran
cbses rights apper aiming to our city government For
the purpose Of presenting the question Of the ,nsluton
Aly Of the Police Law competent court had not
the former Commb sopers right-nay, we're they not
usee Of Or determine with view to their official con-
drct whether the law which created them sul existed or
no,f Why .hould they yield to the new Commissioners
. principle, that the law last Issuing from the
Legislature Sgues itself to be the hw-.he only
valid law there constitutional teets by which
Is 10 be ris DINO constitutional ordeal through which
10 to be passeaf There two principles which enter
emanates from the Legislature in OF law
necessarily Otherwise the Lgsature instead Of being
~Ss'a DC s ~n0e un
cent mkjudgwent on the part of public officer,
the scope extent of his duty crime He must
necessarily weld large discretion and YET II every error
into which may betray him, matter how correct his
intentions may have bten were to be made the basis Of
ftarlessness Of our public servants2-s most mpor.
tant qualification and exenal element IN their
are no judicial decisions upon 70 direct, and the public
interests involved, and the course be pursued has
be resolved upon al once, there begins the greatest
sponsbiy OF public servant; he has TO assume IT, but
not If mistaken at the rink of criminal judgment. The
civil liabilities be ncurs form entirely distinct consider
views III denied So~evsr tSss II. scson he
Legislature 70 sot 70 be lightly viewed, and that as
valid and binding The law supposes that leg islauve
enactment constitutional until its unconsttutonaliy is
:5ea no be- Sss1 BY sos s,
TO be unconstitutional, une. 1t manifesty
and uneauisScsiy IN ocnnc. Win me Constitution SI :.
yield refuse obedience TO the laws, according they
had decided In their own minds whether they were valid
not, In the great Of where the public
inter ess Affected, would such thing be proper Blu,
when 70 acquesce in questionable Law, involves the dis
possibly hey ond The power OF termination should that
law be rejected discarded by the tribunal that pass
denniuvey upon It's validity, Is commended that opposi
ton such law, II 1t only deensble exception, Is
very necessary exception TO the general rule The
OF Appeals, nothing remains but 70 obsy o. To
this Judgment, as : public ollcer and . citizen,
vert to matter which very frequently brought 10 the
OF the Court by ramor, and into the truth or which
is right the Grand Jury should nqii allude to the
abuse thai prevail when Criminals parties accused OF
crime frst arrested committed prison, In the
fo cling upon them Of counsel who In many Instances
quepuy are very upai for The responsibilities they assume
and the de ences they undertake TO manage There
be doubt but What agreements exist between persons
connected In subordinate capacity with the adm.nAra
ton Of criminal Jusnce and certain COUNSEL whereby
in confederation Of the forced employ ment or the
lions OF the grossest character are pracused and
the proceeds divided between the parties TO the
agree nent Some conce otion Of the lncompa,blliy
Of .uch relations with The dignity Of the legal pro-
essioD may be formed when Il Is considered that one
time was held that councillor could not maintain an
action 81 law 10 recover bis fees, and that Whatever he did
receive was mere gratuy which he could not demand
without dong ~rorg his reputation The system
uop bringing them !uto close contact with the parties in
CUSTODY, and Who by various arts well a. by calumu
repr, sentg to the deuded prisoners that those whs
er nand ghi respect h the Courts the
only ones who can serve them successfully relieve them
from their difficulty succeed In winning their confidence
aud creduy. The fAvvrte coun e being introduced, tho
prisoner stripped by assignment or otherwise OF all MS
property and snecf, and not abandoned 10 his fate
might well be; for where offences manfestly
txbi and might With little trouble be established, II is
evoeni be has been sacrificed to the ignorance and neg
ect of hi. m en- en- counsel Tbs system with its con
comaD evils should be broken up By the ecgon OF your
body. u uid be wen 10 look especially INTO this bust
Of snmen, for thu gh the property which forms
the subject Of ne particular charge against the criminal
may DO, DC thus assigned there can be little DOUBT bu;
na property acquired BY other crimes and which those
who receive morally kno~ felonousy acquired
thus tran sierred from the possesssoa Of the fcon
Se oSe,v ts:.oss Io Oo,ss t,o
either With actual or inevitable knowedge thai 4
or must bave been soleu, an assumed counsel as well
~ By another With the intention CT approprising or
converting aRan't the real owner, amoonts = feon
rec, ving The ere Of the law The right to ap
peaIsnce and defence py counsel, in criminal cases.
prcsb secured By the CONSTITUTION Of his state Is
important right bu, II virtually withheld from those
VITO unfortunate enough to be Unable 10 Gnd bail
for whom bail refused, r. by the system, alluded TO-
ihey are lite ally compelled TO commit them.eves 10
TconTeebt inefficient and dsrcputable legal prac-
utionerg. The overthrow or such n System worli
he The ersdicsiion OF grea. evil. snd, 10 "a
suits, would tend 10 elevate the character 81 the
bar of this Court AT This Of the year II the
peria duty Of your BODY Tar may be your % ser
w project the public health and any violations OF the A@
should receive your earliest attention 70 The end ,hsi nsy
may be prcmEuv acted upon by this Court There
several STA utes 10 which the Court. a, each term
pretty required 70 cal the attention OF the Grand J1ry
Tie statute sRsiDst usury, by which the taking OF
than cent for the for beasnce OF money
In declared 10 DE a misce the statute against
ex'triion which makes u msd, meaIor Tor public ON
to take receive any other greater fee reward
for oiica services than IL shall be allowed by the
laws Of this STATE demand receive any fee or
compensation for ofcia services unless actually rendered
exce q w The case OF prospective c~ts specified In the
statutes aud except that the prohibition OF
no, extend 20 preventing public Ofoer from Commanding
bis fee or comptDat IN previous ~ renderu the service
=