New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-04
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NEW POLICE LAW TO BE ENFORCED.
THE EXCISE LAW SUSTAINED.
JUDGE BIRDsEYE's CHARGE.

AiteE dlleLuou 10 INC N4hiN"''J
jurors in Kings County, to election laws, the laws con-
cerDng lotteries and the usury laws, he proceeded 10
speak Of the Excise law and give an elaborate history
Of legislation in NewYork on the subject of the sale oil
LIQUOR. from colonial tunes down to the present year.
Tie had taken great pains to examine the new law,
and the history of legislation on the subject and he
found that the law which was put upon the statute
book two months ago was in substance with the OK
ceution of some minor IN tail which might be stricken
orr without materially affecting the general purpose
Of the act the same nearly the identical laws which
have stood upon cur statute books from our earliest
lie commended especially the provisions against inn
prre and adultetattd liquors, which, although new,
appealed TO the good sense and humanity OF every
citizen aud hoped the enforcement OF the law would
check the evils which arse from that source.
Whether the act the best that could be devised
Ia rrrvent the inOrdinae use OF intoxicating drinks
was NOT question for them they we're sworn 10
execute the law, and If was too stringent ana Sc
we're il was the duty OF the Legislature 10 provide
The great body of the people have entertained, and
do sill entertain the opinion that the unresiraned
pubIc sale OF LIQUOR IL injurious 10 the puOhc, anu
er representatives have provided this system Tor Us
p nre,sinn II was therefore, the duty VI all good
citizeps mmedately and in good faith to CONFORM
themselves TO the requirements OF the statute Inc
several provisions of the statute were explained ana
commented upon
Judge Brdseye then spoke of the L" Metropolitan
Police act' as follows
There i another subject to which | wish 10 call
your attention for moment, and It Il one when may
by possibility come be fore you for your acton Inc
LEGISLATURE at its last session. passed an act 10 reor
o,nize the Police Of this city, the adjoining Cuy pI
Nev.York. and the surrounding counties. have
nothing here to do with the ultimate validity OF that
act; il it becomes before nae to examine aud decide
as il may hereafter, shall examine 1t a. new quee-
tion and decide upon The reflection and examination
which should follow the arguments presented seyery
magistrate should do. But this say: The statutes
passed by the Legislature OF the state ana put
upon the statute-book, the moment they are there,
are entitled 20 the respect and obedience OF every
citizen And every citizen who resists such statute
commits IA ch crime against society.
II i well known that our Police force l. at present
in a state Of arrangement. There are two bodies
which claim jurisdiction over the force, aud which
are IN conflict in regard To the new act-the former
officers claiming still to hold their office and exercise
IT, although the statute directly repeats ther author
ity and the reH officers claiming TO hold the author
lty. and exercfse the duties which the law imposes
upon them. 49,
Gentlemen when the method Of testing the constitu
tonalitv of laws, which has been adopted with this
law shall become general we shal cease 10 I'VE uhuef
a government of laws-under an organized govern
meut established to protect and promote the Interests
of civil society. If any person who claims that hiS
mowers are Illegally invaded, that his vested rights
are wrougiuly taken away-if any persons IN puDnc
authority claiming to exercise public duties for the
public benefit, shall when the law authorizing the
exercise of these duties is repealed continue to exer
else them neyerthelessif any person who concelves
that bis interests are in anymanner nJulousiy anected
by law Of the State. may test the consntutlonalty
at that law, by holding his authority, by claiming ms
rights By resisting the statute instead OF submitting
t. The statute and bringing action N the courts TO
r., over bis rights or his authouty-t that may DC
done ". cease 10 pe governed by law -
such las been the case in regard tn me law esIao-
lishirc police system for this portion OF the state In
ste al If allowing the law 20 20 into enect, ACCORDING
a. ot,tt, audit hen
redress of any grievances that the statute might 90
before the Judicial tribunals, and there be Legally
heard ard decided ppOn, We have here ibe oM foice
Commissioners the officers formerly exercising su-
thority claiming that their authority is It'll IN force
and the new Police Commissioners, the officers APP
pointed by the statute, also claiming to exercise the
authority which the Law gives them. And thus We
are On the brink Of a conflict which may result IN
Iloodshrd as Il has already resulted in widespread
feeling Of insecurity throughout the community.
This IT, | believe the first instance Of the validity
of law being thus tested and the partie. so tesln.
it. they say are uniting to speed the determination oil
tie question in the Courts We are tolc that In few
mouths we shall obtain the judgment Of the highest
authority, and if the Court of Appeals shall decide
that the law is valid, those who clam 10 kold once
under the old and repealed law will submit, and If the
Cont shall decide that il il invalid, the new Commits
sOners will submit
Gentlernen il this method OF trying the constitution
ality of laws becomes general no" soon VIII II Dc ta'
those who now claim that they are - Speeding the
determination" will cease to speed the determlha-
ton ?" liza person who possesses valuable privileges
by law and who has his privileges taken away by
statute still claims to exercise the privileges
and continues to retain the gains of Office, the
fees or otherwise, how soon Will II be that
instead of speeding his cause he will hang back
and impede the determination How long before nc
will neglect TO press il through all the inferior courts
where il will be delayed like other causes from year
TO year and kept perhaps for two three years In the
Court of Appeals before determination can De
reached. How soon, if this method OF testing the
of;t Of sa1m "A
be- a proper one, will you find that every law that
takes away the privileges powers or nights Of ndlvld
uals il set at nsught aud the community Il conyulsed
tor period OF years until Judicial determination
eha be obtained
Our theory of government proceeds upon entirely
different principles. The presumption is that every
act Of the Legislature Is valid the moment It has
passed through The proper FORM and Ii u the Ia au5y OF
or condition submit 10 the act, though he may take
all proper and legal 10 try It's cOnsttutionalty
Ii bis rights have been improperly taken away, ne
may resort to the tribunals to obtain them again.
Every policeman who acts under the new statute, 10
justified IL his acts by color # law but il what posi-
tion is the policeman who acts under the authority
which has been taken away by statute II police
mao Of Brooklyn is directed 70 make an arrest, he Is
required ~ Use al necessary force Resistance may
be offered violence ensues blood i she'd and tue life
Of human being is taken away.
The policeman who act. under the statute is un-
d0ubtedly justified by the legal definition VI ustitable
LCHlClCt Nhlcn NOulu undoubtedly Apply 10 NJ tase
According TO the statutes of this State homicide l.
ust!table when committed by public officer in the
execution Of hs duty and whether the law valid or
>alid the police officer acting under the authority OF
this new Board II Commissioners would BIZ Justified
under such circumstances.
But I j. great question whether he would be yusti-
fed if he were acting under the old Board and the
Couv Of Appeals shall decide in favor Of tins Law" u
seems clear that he would not be justified If he acted
urder any authority but that Of the legal and true
Board OF Police established by law
So with regard 10 interference with the person and
properly of individuals if the policeman l. called
upon to Justify his acts he could do under coor OF the
statute Of the State if be acts under the aulhOy 81