New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-26
TIE dry ,ni powert, pay a.

s'rirish ,he nunet p a' ,ss In he power granted = ap
POINT The twenty third section So. H' m a., o pc
sssabonds .'iassr srd ic sal s,, 5e ie
rarned commentator already r,t-rrca 2 '} ~ ~, ' r &
n lIS asents The eani srd regulation Of the si.y watch
"te srrosmeg; end 5 d@po Of u"cp,i pocr AID
zone esaeniial 70 the peace .e''"' '-' %
fbe.e sctsons do no, confer upon the Common Council The
power crcste municipal Pooes ,e ~ o. $40 ~oro. IN
80 ,S Sit Indeed th. poweris fully recoVnzed
end confirmed by The bags sns.n and Moni somee cbae "
j" s ct,cn ofthst act Is declared that "the Mayor
" n % body polite and corporate in fact and usne
md h. have PPh d T power a. and st he pyc e5
P,or 20 protect and defend the persons and prop
o has Been made against he Il was I no. eR
isips power to ;siu!le extent for The omission
-, s,s authority rather than she war. oft
The DOnssn sad Mon'gome Charters occupy higher
position in rcrdio the they haye occupied at time
CtMtsO city whereby the liberty Of the citizen pro
tsced repeating clause Of the Charter recently passed
te ft place peas all Tho Charters and amendments Char
ts PREVIOUSLY passed By the several legislature that any
[ Affected odscd or repealed any pat Of the DonEan ana
uoUtsomeie Charters removed ont Of the way In the
A itsef and any section conisrd within itself would
clearly inconsistent Il did repeal modify any
.sse DoDgsn and Mont gome Charters because the Log
sure in ia last dying woi D. when eusc.g l,w for the
governments Of this city dec red that nothing in is
should be construed repeating modifying
any affecting the DOMAIN snd Montsomere Charters
and she st further declares that said Charters shall continue
IL Is ce,r therefore. that there exists sufficient power inho
rent in original Of Incorporation which has
been repealed rescnded given up. establish all that is
required for domestic police government We require State
legislation 10 give us the authority We possess II not only
without State permission, but in defiance of its enacments TO
he contrary wiiho our consent Is no answer to say that
The Charter end Metropolitan Police bills recently passed repeal
I'll laws inconsistent with them az the former expressly arms
The Dongan and Montgome Charters but even If did not
with the Metropolitan Police bill which IS authors de
clare is State aud not local municipal law. II its Commits
y county officers they within tb+ exclusions
Of the Constitution If they State District officers their
TIE bead Of DAY and night watch fo this city We have
tborty precedent for two police organizations Of similar char
ster.
In 1874 the LEGISLATURE passed an sct establishing Police
Department in this city, the first section Of which sbohe the
sed Police Department This section in wise derosaed
from the Of the Common Council TO establish and
contrary the validity creating the Police
cc ~ % . on u. 9y ths on
ssent denying the sht Of the Legislature pass such
statute and il remained dead letter The Common Council
heu acting under the powers conferred
tm by The ponsan and Montsomee Charter to organize
sdoped (see vol Y 2o proceedings Of Common Counei
the LesslstSre accepted That ha. been several times
amended generally according to the suggestion Of those who
moro nearly TO the wants city, and to perfect its prov
ons experience from time to time pointed out its defects
The Police law Of 1874 the time OF its acceptance by the
Common Council found to be defective in of ' pro-
Visions ths could not be carries into practical operation
and It be confer upon citizens those benefits which
The authorities designed The Legislature was not in session
AID the law itself could not be amended Inc common Gonn
wear 1876 pssed ordinance which was drafted by James T.
bs Ses md provided for carving or the operation Of
the Police Department perfectly than did me stat law
~ which The Police Department of the city now governed
In 1879 Council passed ordinance establishing
erecuve department be called The Police Department In
were creuied several buresux of which the Bnan
q Police, the hie officer of which was to be called the Csf
Police by this ordinance which has never been repacd
iefe eeady established Bureau OF Police in the Police De-
ment unaffected by the provisions Of the new charter or the
act establishing metropolitan Police District This ordinance
.s, ordinance into bureau of police and constitutes it
bureau in the Mayors Office in exact accordance with the
tsyiOus ordinance.
hi, ordinance drawn by the late David Graham, esq
found in IS of the printed ordinances orsenln
kesYork. and prescribing their powers and duties.
,.a,I sny Of the ordinances Of the Common Council
establishing bureau of police They repeal all law. apd
Parts Of laws. inconsistent with those acts and If the
rinspos Of the Common Council 70 be embraced in
ila eaegay still the ordinance referred 70 is unaffected
kah not inconsistent with the Metropolitan Police Dis
tsst nj we'll know fact tina, IN tnTsnd thy hay
@ e az s and by who receive
heir appointment dnef,y from he 'q~1 aa nsId6 as
The CITY london would to under that bill
onl toward this force. The City of New York contributes
Eve the Metropolitan Police which Is about The sane
~ ,S % W5 Of hi; civ hcrc not necessarily asy
cnz between these two systems They work together har
Eoniousy contributing the common end namely; the pro-
.,ton OF the people
The City oc York by the Of the legislature i
paced in situation cSac,y analogous that Of the City
nlnicips police the former the latter city. II que
Ton worthy Of mature consideration whether not the police
s city does not continue It's existence by virtue of the od
rance ofthe Common Council passed IN 1879 notwithstanding
IL repeal Of the State law winch only had vital existence
Nviitue Of tho action OF the authorities OF this CITY
do not recommend, however, that .hsU rest any
The creation Of day and night watch police esta5shmen
wsbsye sufficient TO enact such ordinance, aud it
Pd the courts shalt permit such an organization be
IGsdh our midst which of do not anticipate. We
the Dt
municipal force. The placed in the tax levy for
as9 q oees a, the Of the year was to be
NSene dollar ths, amount be diverted from the purpose
in disTesardne our rights has not attempted to
se Us OF this fund II true the MetIopotan Police Act
sre' to take balances unexPended remaining in the
n'uy Police account there none) and to provide for
s years levy but II leaves The money to be collected t9i'
r.or the expenditure of 1851 untouched Therefore while
State Police cannot under decision Of the courts -
anxt year viii have nearly ilon Of dol Jars TO the
Of the Municipal Police to be paid under the
my y" '"' WI ''''''' FERNANDO WOOD. Mayor.
NJ. CRANE moved that the communication be laid
( Gthe table, printed in the minutes. Lost
Nr. BoOLE moved that it be referred TO the SPECIAL
tnmittee, of which Mr.. Jones is chairman, and that
~ copies of the same be printed
4 Mr. OTTARSON said he was in hopes that the matter
/ poald go 10 the Committee on Law Department, yet
Tenacious that; but betoet went that commit
hepropo.cd - say word upon H. The whole cHtt seemed
70 ,e.uscta'e thG watch department Instead OF tnat De
tssyirg that there was police department.
MONROE called M. Ot,aron to order the ground that
speaking to the merits of the question and not upon the
I hittsnce.
Tie PKEsiDr>1 sustained She point OF order.
Nj OrTAEsCN said. then, ne would 20 amend the
n ey referring TIE whole matter the Committee Law
lpHH'u, In support OF that motion be said that had
t u that necessary for the police aud ought not TO
% a. old charter. To show that the position he took
&c De proposed 20 read the decision Of the Supreme Court Of
- State delivered today.
S~'TH called Mr. Ottsrson order on the ground that
4 ad sPosen twice ON the saue question.
zoe rEtsDHNr ruled the point Of order well taken.
at continuing said that he wished 10 show that
should 90 TO the Law Committee for th that
OF lhe peo Count bad undo IL obvious ilr not