The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-26


hsn The iUc'oas Of the newly created aud appointed Po
ice tommiss ouers correspond In their substance aud
me elective Office Of sheriff. With the exception Of
turnIg lurors and serving civil process, there Is In
ihsr rrneral s,irihutes substantial difference. Nor
p here any ~ 10 thu power OF appointing deputies,
ee tupsror and INFERIOR regular and special under the
nafus Of the pohce orce for the whole Of the said tho
NstroT onan r~trcLn Their authority IL IL true, Is not
c1rnssd 20 "coun,y lines. and the deputy OF may
a eiher q the focr counties But II will hardly he
crucuaed that the Iesature could consistently with tho
coftututon tke from the people the election OF sheriff.,
merely ~ creating sheras for two, or three or even
hur coohlos, instead q one, and then calling them
ana rherf. fcIttcs. Such mode OF eya1ing private
eonrsd ~ court could sancon. And 1t be 'the duty
Il tie courts OF Justice, az the revised statutes declare 1t
shall te In IRE construction II every private written con.
ua,i resrr cniy n mere foot Of real estate carry
e ca The iufert 81 Tie parties far Such can be
coiecisd hen the whole insIrument how much more Is
thr duty b do when constituting and enforcing the
graf coutact which Expresses the intent OF the peo
pie en- oDe Fite ard the obligations OF their repre-
tebtAtises the other, In regard % the entire gov.
erumett q he body potcf have referred in the
pie Cilsd OF te'is. They properly elect
I've cfers u counties aud Of the city Of New York only
A. a eony The objections stated will equally apply 70
he ese ~ city offers AZ such-the Mayor Recorder,
me sc question, far Il relates 70 police admins
usop Siy noines them all ignores the Re-
crser and Cry ledge places ave Commissioners, appoint
"a by Governcr over Mayor outvote him, and
supeedes the chief formerly appointed by the city eau
ihotiues BY an0her chief allied 'GenersI supcrin-
This 10 semstting more than simple evason-n IL
sso,ae nuncaon ~ the ELECTORS OF the city, and Of
the authorities ihereof' II rs sort OF political dccap
talon q both the people and the peoples missionaries
From The hrst meeting OF the new Board (ec 81 all the
ola oAsd ~ upon the Mayor Recorder and City Judge
Police Commissioners, or upon the Mayor, as head
Of the fohcs Department, or relating TO police govern
psnt appointments discipline bs conferred upon
and, Of oourse, transferred to the Commissioners
a. tie ousrsl power .n the subcrdinst, police officers
q the cfy, therefore, from the General Superintendent
under The Comm s.iorer~ down the humbest doormsn
with ahries u the aggregate amounting W more than
10 many hunared- instead Of being appointed, " ap
apIond ALL by the authorities OF the city directed by
TIE osnsation, are henceorth 10 receive their commits
sors indirectly q the Executive of the Sa.e
In ohcr words they " ookeo Albany and not 10 New
YORK me source VI their ,ica existence. The
tters 81 se~ Yorklhe Authorities chosen by the votes
Of the ciectors q New York-the Mayor Recorder, and
cry Judge designAisd BY previous Constitutional statue
In the Tshcs department OF the city, are thrust aside and
the organs a. the CENTRAL poser Installed In their stead
IT. by the mere ooo,rissnoe q junction Of too COUNTIES,
% county and the minutnst possible fragment
Of another, sneh q result may be ocomplish,
the ioh article q tho coos'idton, so pregnant
With the srari Of the whole instrument, TO say
nothsrg q Other leading provisions, becomes .
dead letter And Why by the same PROCESS might not The
Cuupuolcr, Treasurer ana Attorney General be taken
from the people Of the sse and conferred, many think
ought 70 be, upon the Governor Of tho saisg esbiae,
might be organized, consisting az President VI the
Council hrst Minister Of the rrcasnry, State Banker
and solicitor eensr~lAl 10 he appointed by tho Exocr
i've and all 10 possess together powers nominaiy df
erent FROM really equivalent TO- those vested by
law In ne elective aie officers named in the constitution
Those officers or rather their nsmcs, would from
necessity course remain bus only say Of themselves
"wbat shadows we aud that shadows We parsoc.'
And wherein would such lac, 80 fer - principle s
this, that IL would, In Constitutional point % view, DO
The less Oh eccnssle Of the two only transferring the
Tie ssc,ea .a,ssres Of the people q The s.s. whsreas
the police Law not only transfer " Tho central ESecu
". co ,ns aPSoH' o pow. s rss sg
the people Of the Counties Illustrates, II erectuai,
not one, but two eadng Iurp"~ Of the cons'iiunont
resolves iteH into single inquiry-f private ciuken
cannc,, by any shin ance, evade the lawful will
thi or conivancc however desirable Nc obcct Ay b..
eyade lhs oonsaasoasi ~ii ~ II. people the
alike u the legislature and of the coartsf do mean
by this sug1 % Intimate that the members the
nate and Assembly IN adopting the neS Police ball. had
any actual Intention e ovadng the Implied pr'nbons Of
the constitution. Judges, know, have sorncs (bolh
In and cot OF The legislative has) been charged with that
sin; ana the history OF Egish statutory Jurisprudence,
several noted examples 10 illustrate the oua
justice of the accusation. But such intent Justly DO
imputed 20 Legislators. We may say, however, without
offence that Tho enect Of tho act under consideration
out and tho views have expressed are correct
would be the same as that q D,enoual evasion aud
would render Of The prominent attach OF The crn,u
uon, say nothing Of the scope and sprof
whole Instrument, 10 better than idic iormalary-oz
Iretered mia.
First Tie general purpose u the constitution s 10
popunrize, a. far " practicable, and in every event Va
second. ne extent Of nai purpose az the Defendant.
counsel admit ana The manner IN which B 90 be oxccg
ted are defined by the text of the constitution t,ef
makes the great stale oc,rs elective by Fcnsraluce
IL makes the entire legislative force Of the elective.
makes the entire judicial force of the !, e elective.
II makes all the enumerated county officers elective and
all county and town officers enumerated, elective
ecpt as the Legislature may direct them TO be appointed
by The local authorities. leaves all village and of
be elected large by divisions be spIon
cd by local Authorities the Legislature may direct
o lnra s ss e"G s. mon dos @S a 90 S.ssd ' al
rs may Ss direct 81, ali han county sS ety.
town and village officers, and "othef thas the specially
enumc raie1 sisie officers.
Although, therefore. the legislature may have the power
10 create county city Office has not the poxer
to render Office when crcaicd the subject Of execa.
tive appointment The tuition peremI0ry that an'
such officers ,ha be eher elected by IN vuors az TIE
respective localities, or appointed BY tho Authorities
thereof"
FOURTH The legislative department, Ike an individual
citizen, cannot do indirectly that which n prOtbitsi
from doing directly cannot, b. uniting countless divcH
the "authortcs ihereoi q their consiu uoaz arsdcon
and ire nsfer IT, under another name 10 the ccngs Execa
tive. such consolidation AT variance with The letter
and th tho whole scope aud spirit of The Constitution,
the favoriie purpose OF whoo trainers, wise 90 unNe,
~ erect not consolidated but sort q coafcderaed
government
The Mandamus Against the city Jwdge.
mn rEofIH Rs1AnoS 90 u1Ns>uo n.
kHRsM o. Ht~kif, CIV Jti-E
The Judgment Of special term In favor % defendant
affirmed, with costs 10 be paid ~ the re.,or-Juigc
Ronecvei dissenting.
The mandafnus IN The same case rctgrnabls AZ general
term also affirmed In favor of the deicndsni-Judse
Rooscve dissenting.
Board of Couaeslueu.
IMPORTANT mssAeE FROM THg nAyos ON ruR ss-
rABLfsHMRNT OF DAT MONT wArCn-mR.
oTTARsos READs JUSTICE rEaBoDY's OPINION
AMID GREAT cosFrsfoS-NR. JoSEs ISFoExs rns
BOARD As TO THE JusTfCEs HfsroRy-REroEr 90
TIE SPECIAL COMMITTEES ON THE fRorospD
NEW POLICE sysryN. TOGETHER WIN rns ORDf.
NEUTRALITY-SUSPICIOUS. Fsos rBs CRY rssrSc-
TOR ON TIE CONDITION Or ruR srHrurs-CoN'
CrRREScg FwrrH THE BOARD op ALDERsAs ~ ~
roRrANr REsoLrrroxs-srgECu 90 cOrScILsAN
JONES on THE PRESENT csfsfs, Erc., ETC.
This Beard met hsi evening, pursuant 70 sdourbmeni,
Jeepn n. Phillips Hq, President, rrcaiing Az SOFA
Is minutes previous meeting read ant sp
proved the following message from hs Honor NE MAYOR
Was read
fMropr,yr COMMUNICATIONS vnow MAYOR.
CrtTfy Nrx YOpN