The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-19
TINE METROPOLITAN POLICE BILL.

,v...~a,nrs an che Court Of ApPeaas-Argu-
,,,.n, ar Judge Edmonds nSf ne People.
AlnAsS, June ls, 1857.
srs pp,o. Chief judge and Judges Johnssn, oomaook,
a.,s.n Brown, Paige, shapkAnd and Bowen.
- M ,Es s1Arx or NEW YoRx, ON TIE RELATION
q, rr,uAspo wooD, nAYos a. rHn CIT on NV yosx,
rAnIuys AND ArruLAsrs, Va snnoH DHAr.., 'AH.
-ovx, JAmn ". ME- yAcoB onoLwnL AND JAx@ u 4
.TxAxAnAs pKTxNpANn AND RHroSDESM
The Court met nj half past A. n.
Mr. oConor handed 70 the Court copy OF the opinion
the Attorney General in reference 70 tho original dram
Of the Metropolitan Police bi-referred 70 in the argu-
rens.
JUDGE EpMoNps' ARGUMENT.
Judge Edmonds delivered the closing Argument on DO
half Of the people. BE hoped that II no should fail
dive that close minute at ntion 70 the points OF the
counsel On the ether ride which they perhaps deserved
Inc COURT and counsel would not ascribe his omission
any other cause than the brevity Of the time allowed to
him In the beginning Of what he had to say, he would
IRIS, notice the tenth point the counsel the other sde
namey that proper remedy was not In the form OF
MAO vayrants, because the reator had no title, He
deemed that II was unnecessary for this Court as IL was
s the Court below pass the Title OF the reasof
wouid be enough that the me OF 'ne ae,enasn was
cd Den o. the form OF procedure VI. the same as IN
s cSe The act OF 1874 Was prior to the constitution OF
,sls and the eis might then haso dra the local
rsaronnge itse IT. but 1t observed the ancient usage
ana iet the appointing power In the hands OF oncers
act of 1893 erred assigning duties 10 existing local
uhcers, who were NOT elected for such purposes,
and had been this cave because the ro.t,r had
been chosen since the oonfeng q new dates This was
sere did cme siore this uri the question cons
tutionaty fairly and properly made nc were reason
ing with the Lesasre on "scs ~ lis paaa in
more glowing than counsel on tie other SIDE had
tone Ba, 0osnse had b; thought IN ae sT,s
Ehmonds) INSISTED that1 there wrs any disturbance Of
peace and good order IL the city OF NE York " alluded
sotment Of this verys Up TO .te time Of ss pass.e
the Ism Of April es peace sre good ordss had res,sd
hour wen the Judge (Davtessaw f to revoke without
and without arRumen &C much Of hin nlanc on as
rrohipted these officers r entering Their duties
The city OF New ork had teen scene OF cun-no,ion
and confusion 10 what that Justly to 6eecrbedf
NO. 10 urge before the Court he would content him
SEN with saying all ths been sal on the other side
n branch Of the subject was much more appropriate
TO have been addressed the Legislature thin
have addressed to TIE Court That was one OF tho
MAIN aTgun,. nts OF the counsel tie oher side. The
cher argument was that there The hands OF the
Legislature general power of police That power they
or not TIA, pow er was not limited by the constitution
That was the whole question before the Court Sill he
general power Of the Legislature the police be
independent police for the shoe STATE, not mere mu
not Contemplate an independent poeo for the whole State
intended substitute for what was local inssitu
xon and II was that substitution which they now claimed
coucede the Of the Leg assare to establish State
police to preserve the State SUPREMACY but ne claimed
that powers could only be exercised 10 subordna
don the limitations Of the constitution the constitu
ton had imposed restrictions he claimed thai those
Legislature prior 10 the constitution 20 contract a State
aeot they restricted by the constitution to the
power of the state there wssa limitation in the consa
Don that lar that power s 70 be exercised in any
santy Il hadbeen argued the Legislature might Gen.
r.lse the police force<hst the Chief Of Police Of the
s:Vs ' dspus Il each county, and p pooeasn
there acting under such deputies, bat receiving
suSseron required 70 be looked at II STATE Super
ssnaen Of Police at Albany governed through floating
e or BY necessary TO ssuc; districts. but now
Ing like an army in time OF war this would be State In
ssssuon unlers il n.erered with the Governors power
was not necessary TO provide IN the conituon against
soses more potent Than contributions or judicial decisions
adequately protect the people from such folly But even
State Superintendent at Albany had under MIN depu
tcsans the preclncU, and specific numbers Of police
men assigned for duty in each county or precinct as 10
row and a. II In 1s4e Tue Albany chief would be
mere device TO evade the constitution and draw the local
would be violation OF the constitution II has also been
argued on The other SIDE by say showing The extensive
pkiely ceniraze the police power. he did not admit
hi as a theoretical proposition II had been shown
70 be not practically true, because the nature Of
man ana social organization rendered II impossible.
Again, II had been gued that the Legislature could
ealing 70 ibis Couit, &c These things we're all irue
bit they proved too much The Legislature might, no
S, procedure exceed as 70 past causes OF action-might
rep-I all election aw,, and absolutely overurn all civil
government But the all this wa' the same
he sssrer 10 the idea OF m amoulrtory police
dlHtrg from centre at Albany T,ose things which are
lmtraciicabe be forbsten in written constu
I,ons II Is only the m.schiers which are pos
sblc that l;n,n need be strained from com hitting.
Il had been urged that the Legislature might repeal all
tha LAW Al inc eE
New YORK and Brooklyn Granted, Tor the cake OF the
Hgumont But was this such an actS Counsel on The
osh tide had also dwct instances or tho
Of the Legislature inconsistent with their claim OF the
resucioDs OF the constitution. msitered not whethee
bese violations Of The restrictions OF the constitution
requeni The question the same, and there
Of the Legislature that could by posse
be Legislatures restriction to new local district.
Counsel oher aide had referred TO Senatorial and
haa county or city dis,r.os But hc latter were elscuon
sseis, while counties, towns, cities and villages were
Dos 70 Gushing, ssl, and also to opinions Of
Jsdses 80, MaTns, bs7 Another objection made by
Sn.ualon in references % The subject Of his bin He
would thai there certainly something In the
sosr. me question here was what ,hA, something
Counsel on the oher aide were exceedingly averse
~ s.ine bs courts ~ a.,ioe are never oonspsd 10 s
letter Of an instrument, but may take the whole
scope Of rs meaning aad Intent Having thus disposed In
other side he passed 10 the main proposition 10 this case
namely tsst this sci repugnant 70 the c1nsiuton IL
had been said In this Court occasion that the high
duty this Court duty Of maintAln
Ing rdexbly the fundamental lay, and that doing nd
recfly shai h forbidden by the constitution 20 be done
directly nfrns Of the restrictions Of the copsi
tnuon nhshoud be imputed 70 him that In discussing this
constitutional question be bringing into this Court tho
question OF political partisan warfare be could bat
sdmt The charge Bot NOD be The people OF New
Gork that brought this here. brought here by
noe who sought 10 grasp public patronage Within q
tee years at this Court had had before at
tempu q The legislature 10 grasp power. They had had
A " IL debt he aw. a
Eelsnrg 10 married womest opery and the law relating
10 County courts II was - surprising, then, tia, the
Oo1f should have 10 decde this new attempt 70 evade
he Constitution An those other instances Of constitution
a. aeression claimed I, arise from highly msrtori
eos feasout 70 IN this the for this bin
rtnred to Ne highly mentorious but In law In morals
The Every heaven may be stolen the devil In;