The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-03


sIaure cannot by changing the Specification Of terms,
thus, in he article which fOrbds The ssvsiyson Of pr.
vate property without due Of aw he Legislature
cannot BY declaring that specific article shall no longer
the combination. (wynchamer The People, sKsvsan,
s7s Be-, by the words due process Of aw, shall he n
tended the Judgment Of court Of Competent lrsdto-
ton proceeding aftsr the course OF the commoa Law.
and not any continuance which the Legislature may
oflaw. Taylor vs.. Porter HIM. lil) Remedies 70
force contracts within tho power Of the Legislature
by acting the remedy impair tho obgaioo Of tho con-
tract (Iolmes lansing, JOINS Gases, 49, Sreen W.
S Ms Gns0T H. w. Hss Hoy u
the law OF Interpretation, II the constitution assures
10 the electors the authorities Of the countless cites and
owns The right TO select their local Ocers and -
the local ADMINISTRATIONS the Legislature cannot, By
charging the names Of counties, niles and 70 wns into
more Of them together and denomnADg Is DISTRICT
take away the substantial right Of local self government
VIVA. cannot DC zone oecs snsu MOI Oe done Indirectly
words 1t deals withldess and operations Of the mind
which signify tights privileges po.s.s, limitations and
TO impat those Ideas "a OF moment by whaa nane
these civil divisions called II Ia the thing which b 70
moment that two Of them united one or one OF no
them separated into two three desgnatsd by an
other name they st remain those civil dvsisns Of The
State In which, for which, people shall select their
officer and conductive local Brook may
s y dsnsn.ns ns Two .hsn on Sa
district, ''e EVEN p legislative d.cIs s%' that
not effect tho destruction Of IL municipal or 10
cal rights, take from i1 electors The rights
tutien when united The take in place
for The purposes Of government, In ono Of the classes a
between the counties Of King, Rchmond and wsstohss1ss
Any other construction leads 70 consolidation, because
what may be done for part may DO done for the whole
Neither the terms employed 10 designate the officers
limited in their application TO the officers In existence -
the time when the instrument was framed, - has been
a1ertcd Such would DO narrow and inberal interpre
ation, and adopted guide would defeat tho Objects
which the trainers thought 10 attain. When II employs
q sss. s .aa
ton intending include therein those In being bs dina
As well .. such as might DO created heresfer cannot
tors and authorities Of these localities the right 70 select
those local officers whose Offices were In being ct the uue,
and put In the power Of the Les ssture 70 deprive hsm
of the right In respect 10 officers whose Offices might
be created thereafter Such provision would be fo 10 -
TONS those in being ~ the time might DO substantially
destroyed.
Section Of article 10 provides that "A county officers
whose election appointment not provided for by his
crpsituon shall be elected BY the ele Of The rcspeo
tive counties appointed by the boards OF Supervisors o.
All city, town and viiisso ocers whose election or sp
pontment not provided for BY this constitution sha b
by tho electors Of such cities towns or villages or
by division thereof appointed by such aGthorf.
ties thereof ~ the Lsgisture shall desiguste
for tina. purpose Ths = the only provision N
ton The whole STATE 4 the time wasand up to tho %
riod when the Metropolitan Police bill 10 have e6eo-
divided for the purposes Of nspai govsrnmeu, asd
.dminizsrson separated oounaiss cities towns and
purpose sno Sarse' o nc
taton but one, and that s manifest in noo 70 adhere
towns and villages and the right Of The people select he
officers thereof by local elections o. by the coal auho
cor ast viii ibis right Il sought % BE- upSsM - upoo
two erounds-lst Dccause the said ID section At the ION
Article contains this further provision "A other ocers
constitution, and al officers whose oces may hereafter b
created BY law, shall be secsd BY the people appointed
branch Of the passage lad auo.ed-.h.. in rspsss
10 officers whose ofnccs might thereafter DO
sss ~ ~ ~. ross sa
while 70 noico that the preceding part Of The section
which provides 70! The eecsion or appointment Of local
olcers declares thai the election shall DO made BY the
eectcrs Of the respective counties cities, towns a. vi
lseer, whe the passage hast lquoed in respect ocevs
that hey are % bs eIsesd BY the psspe or sp2usc -
the Legislature may direct In the oounes, cities
the electors q the respective ocsues FOR which the on
GERS are 10 be elected But the ocers whso ooss yht
" sSy Se seosIs v,,s,u, p. go % s.,nc s
between the two clauses significant ard maesl In be
one there Is an express limitation 70 the locality In the ch
none whatever BY what people the newly cresod
officers 70 BE- elected by tho people Of the locality which
and for which their services be performed the
Inc conclusion folio ~ that tho clause refers 10 on
GERS, whose functions are general and pa local The
manfcrt distinction bet The electors are csc
one case and those Who are TO eeo In tho other
not unmespns and accidental, but sisnisoAn, an
make the combination AMI spcsi IL language; and
wherever employs The torn the people" means The
.s'. and not os Of Tho u,o su; IN It's mort
he Hiate OF Now York, grateful 10 Almighty God for
freedoms in order 70 secure y. blessing do estabsh his
% .s:.mSe," - And s section il q he zane s:%
deemed, )" 40 In section IA OF article g. the cnactnG
clause Of bills 10 70 be in The name Of the people, me
people."-sso II, An. T. And certain oonstisuuoaal
y Tam; ss.. ss. E s ), *. s% s:
people" think therefore, that 10 The whole people q
the sae Who are 70 e,eet the ocevs referred !, IN he
ocneuc ing passage Of the second section, and hat their
functions are not ocal bus general and In which ibs
whole people have common concern.
Ills sound rule Of Ieeai CON ructon ~ well - Of me-
uie or written nssru aens sSa II posiss, have effect
that the whole may passiSs, s.asd u res .aes nile,
gAs-> gsysai" l.s Black Com, o. rhe principle z
ride. this inst and reasonable ruc because tho % q
appointment there asserted In exclusion Of the power e
.ppcp,meni and election ,, he susses md slsecvs u
ture under the concluding clause Of section dssuu
uvcof The power given 10 the electors and authorities u
or ,sc - me- ssc,,os. Bos oasuo. .nd ana ssvs
effect oeesher. IT. however, the co, Guiding clause Of Ne
are gem r.~of which the Ones Of Canal xudov and Sc
pernt ndent Of the HAnk Department are eSanps-<ben
the rules OF consucon and interpretation VII sune~ 20
violence effect win be given IN every clause contained N
the ctiou the rights of the local ccmmuppcs VII - -
abridged and the constitution viii be msinsasued In ~
strength and integrity Warner ~ me People, Dsnso,
2r2 10 instructive this corpcclicn The Logsafure had
by an act created new oBccr and dsvoved upon him
rar Of The duties OF the clerk o. me city and COUNTY
New York, which Auv .alccs vss By tne oossssossos
elective by the electors Of me city Both The suvs8a
Oouyt and The Cour Of Srors held the act void
~, Jr.,,ce prcnsop n odsos may be divided
and he duues assigned 70 two oncevs boh b
chen By me electors Of Tho county No cher rulc yin
,,xe mil eject 10 TIE constitution" me ChAnosor ~
~. Cour Of Errcvs also Md" WHEN the Tegith-
sr,c sr-umes take from constitutional ocer The cub
,aroe n once ise and 10 uansfev 10 another vh0
d 10 be appointed different and 70 hold NE
once by different tenure than that which vas woviAed
by the constitution, nos hetimsae ersvcse of Ne
yrht regulate the duties emoumenta Of the ose,
hut infrtnse unnn mode Of