The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-03
AFFIRMATIVE OPINION OF THE COURT
DEMO, @. J.


DEMO, @. J.
mt an appeal nom Judgment Of the Supreme Court
ssns in tho First district The complaint H. In substance,
N information In tho naaure Of quo odyraso Ie sene.
n, object IL 10 obtain Judgment upon the right Of the de-
nadanss 70 execute the oces Of "Oom nssiopers Of Po
nss,p 70 which they hsvs been appointed pursuant To
so PASSED d the ast session q the Legislature. Tho
vsI yssnsado Wood, claims that he, - Mayor, togeth
- van We Recorder and City Judge OF the city Of New
Teri, are BY NV charged with and entitled TO perform
- duties u Commissioners Of Police; and he alleges that
- attendants have inrudsd Into and usurped these o.
nsss me special purpose Of the action 10 10 obtain
dial determination 10 the constitutional validity OF
- tatue referred to Tho defendants have put In
v IN which they set up their appointment upder The
~, and the plaintiffs have demurred- The Supreme
esa holding the ao constitutional has overruled the do
sGer and given Judgment for The defendants; and the
DnAtihs thereupon prosecute this appeal
NE time Of the adoption OF the preser. constitution
neoon Of the city Of New York regulated and
gsened pursuant 10 An ac Of the Legislature passed In
assea. ls44 me ponoe foroe according 70 that act,
sktsd Il chief Of police, captains, assistant captains
04pchcsmen mot 70 exceed eight hundred In number and
~ were all appointed BY the Nay or and Common Gun
md tho Assessors Of the several wards A~s 1874,
cho al6) BY amendment Of The city charter, passed
ME year lsl9 separate department organized for
ysbs purposes, and the Mayor Was made Ia head. 4
~ Of pohoe was required 70 be appointed by the Mayor,
- chap 49, TO- 2o The act OF 1874 docs not pro-
" for any officers having The Tho precise funo
sss,usns scs; Sos' sissr Tie sdoption Of The ooa
Spn in 1858, the police department Wa 70 organized
bar act Of he hshlaturs, and the Mayor, Reoorser
sem Of Police; and 70 that Board committed the ap
Ypsness and removal Of The chief Of police and Of Oh the
ssss p,os% me p The Mayo. Was made 10 ne.a q
uponce, In the act Of 1840 The Get Of the present
~ Under which The defendants derive nar apposns-
a,ed can act to estsbhsh Metropolitan Police Dis.
W.sna 70 provide for the government thereof" y
md = d Ssc % BE- ne Mssropo san
nee District Of the 6aase Of New York" The Governor,
Ind sn NE , s and cSo.sns q me ssns re
,ed or wssschsssr, whose .srm Of oIce % be three
sd each year. and who 70 DO the chief osoers Of
sid Metropolitan Pohcc District; and, together with
:, ssr Y 10 sss SsS r s .s. S% oou
ss.sSsy Of .ss former Board q csani.soasrs Of
Recorder ana City Judge a. sach 0ommissioesu, and
fsbe powers Of the Mayors Of New York and Brooklyn
hc beds Of TIC respecvS rosoS sspsrnenS .n s
~ cisrks, and all the officers and men Of the police
eos mai force 10 consist Of general Superintendent
okse and many captains and sergeanu within GER
10 nni,auons) ana 90 many Police Pairomen may be
S s s ,.%.Ona o. me Of Ku q
susy end the counties Of Richmond end westchsster-
he Supervisors Of New Yort, Richmond and westcses.
ss.ssT iseir counties for ihAi purpose, and the
Damon o0uncil Of BrookJn representing thai city.
s'S ,Ss, ss Ss ne ps .ns e
sssyS .ny ps Of The Js "ssous regard %
svee 70 poesess In every part OF the STATE all the common
N and statutory powers Of consabes exoeps for tho
s, Of Ss q so .ss
vnbous endorsement By another maeisrAts There Is 70
- pipeipal ooe Of hs Board l,cs.sd Il such psce 10
he district the Board sha dceerminc and the supsrin
SsoAeus Of Ponce have oncc In he builiinx
NO bspusy Ss ,erDsendenn Gs 70 have Offices ocased
vAsrs DE boAid saan dssrmlnA, tsosR thAl ch4 ID ~
s:ys ,.s Sd ~ re s so s1osns y
ssnber and certain ponoe ccep are " Be assigned %
sacA. fhe use Of The police property Of New York
sAp declared pos 70 BE- changed. me o6oes Of the pre-
~ CAisf Of Police Of New York and BROOKLYN are aool
sd sse ppcs%sss Of ne , sa 10 -.
rseosg suslns VII be susas for ths understanding OF
- Suesiious which are 70 b considered All fsrmsr
= sss =. - I N ooso BOB Vim sap. pTovoa
81 With ne general .sd Isrucanr ranf sns.s ?. sns
vAkA here given II ene h:-"A All county ofoer. whose
sassuoa OF appcaniuent h. pos provided for ~ tnh
spscuvs counties Or appoinsd BY Inc boards Of super
vsus w cshcr county suthcruo ~ The Legnls
ARE shall direct An city, town and y.re ocsri who's
s1ssoa appointment sos prov led for BY this oonr
Ds shan be elected BY NE electors q such sies towns
ed Wages Of some division Thereof sppcined By
Or hs purpse. An oshsr oenosrs whose election ap
sscss whose o6ccs may hereafer BE created By hv,
rsssr. msS ss p'f Urpcgs : SD..sou s' Shics
esss spon This ovision whether The terms county o.
sS csn sbsss o soa s.issd = ne ms q The sSop
tun Of The consultation pursuass 10 TIE laws Of he Ase
- force o. vhsssss hey are general Description
~ eAss o. ofoers Whose functions W relate 70 the
beca,es which are mentioned without regard 70 The que
uoa whether the cf,ces then srssed By hv or might
"a future oces falups within hss os,cripon. In de-
Ssrnipirg This qucsusn, vc muss keep In mind mai
INTO . political society for NE nrss ums. bas Tor
q community already organizsd and furnished
With legal and political institutions adaped 70 all nearly
nssnded 10 abolish these institutions exoep 40 FAR e. tey
were rcpusnant 70 the constitution then framed vas
Sccared thai ell shc acts u the Legislature then In force
snS not repusuaut 70 thai constitution should continue The
M % the STATE subject 10 such alterations the Teeisa
..rs might make conoernins The same Az SOC. III
nanbev Of oces had been created and among tncm
Constituting numerically far the largest portion Of ali The
vsss ocss By which he local was carr cd
- All the existing general and local ofoss we're referred
sis the nstuson very much - they would be IN an
- OF the LAGehture For instance, in the provision i'm
nsdASely under consideration, the boards Of supcrvi
eWs are mentioned . known county nstitu.
xsa sheeSs and clerks Of counties are referred
- In The sane manner In the hrst section q
ne tenth article By The eshth section OF fourteenth art
ss he ooces o. suPrcme cour commissioner masters In
eAsnoevy, ana examfser In chascery, which sim
p1 statute cdacss sre, among others, aboushed The
oonN enuon must therefore, be considered have had In
- contemplation We erisuns ofoai oreaszauou Of the
se Ava 70 pe understood speakine Of theee local
coes Nhose future appointment they were providing for
sher - ennne legal onctonares, In tsc general de-
spve sense referred 70, according ss The scope OF the
wnoe prove'on sna require With this und, usandns Of
ne wansev In which the constitution spcakp or Offices and
saces, the construction Of The provision d plain when,
nsvn and village Officers, whose election or sppoiu, en
- rov'dse ~ By Ne Consultation, and declares .has