The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-21

peClve Le&urles OF the fald clue6,' snail Do p"'u
out OF the state treasury IA part of the police funo
The sum collected for 1860 was exhausted before
the passage of the act Np.hiug by law, DO col
September. But 1t hes been the invariable practice,
10 borrow anticipation Of the taxes soon rs tn,
e ~ up ns Of CO. OF vhos more than
$s00,t for the police In anticips ion, usual,
the whole machinery Of the city government during
eco having been borrowed Of which proportional part,
over $500 co., applicable to purposes Of police. Or
remains in the city treasury Must there remain uau,ed
while the City Is pay ing ntere. for II, and the policemen
be put off TIL the collection from taxes in September and
after wards2 The Comptroller and 'olce Commissioners
submit that such e not the true construction OF the acts
l. The act passed on the 10Th Of APRIL It req Tires
the posemen 10 be paid monthly (seo 23) The tax Law
makes The collections Of taxes to begin the first Of Sep
TENDER Flaws OF 1850, CHAP 1907 1t was plainly not the
intention of the Legislature that the men should wait I'LL
FORE be presumed that the Legislature intended the pay
meps to be made usual out OF the funds vased IN anti
ctpaiion of The tax collections Inc whole act s 70 90
construed together and all parts are to have ehec. pos
sibe.
The course which he Comptro Ter about 70 pursue
Il the which hN always been ursued in respect 70
the city expenditures The Legislature Is 70 DO suppos
have known this usage and 10 have acted N reference
In conformity with i the old police has been paid
psio the Judges have received their salaries and II
would be HARD and invdous indeed If the new policemen
not to have the benefit of the construction.
3 Toe money Is in the city treasury. The city mus:
have the ght to pay away for the satisfaction Of Its
debts.
T. If the money in the treasury be not money "ool-
leced" for the purposes Of police Is money received in
lieu Of the money to be collected and received under
ordnance passed by the Common Council pursuant To
which the TAX levy act passed, claws Of 1851, ch
6e,) anc which the legislature had before when Il
pared The new charter the thirty third section OF which
authorized the loan.
8 Bot money borrowed 10 money collected, within the
meaning Of the 9th section Of the charter The Languages
COLLECTED from taxes but collected o the Of
police Ia In the of the act collected when 1t got
In from lenders, In anticipation OF the taxes
S.thFor each and all Of the FOREGOING ress ,ns thsin
daily protection depends should be paid without farther
delay.
Mr. Noyes followed, briefly arguing that the police law
required the policemen to be paid monthly, aud that
thereby debt incurred which the city was ocand 10
discharge, sad which could do With any money IN Us
hauds, TO be replaced by future COLLECTIONS, As vas
not so, the city could BE- 'uea a. tho close 81
eo That a. ns city had The
row money, 1t could lawfully anticipate The collection Of
matter Of discretion, ought not to be continued,
injury could result by the pay ment but great loss
and injury would result not only 10 the policemen but 70
the city, by preventing its being made
Mr.. cUTLER's REPLY.
Mr.. P. Y. Cutler replied behalt OF the plaintiff
Amer reviewing the por the other side he contender
Frs that the 9th on OF the Metropolitan Police act
provided for the payment of the police out OF the Police
Fund.- to be collected by tax, provided 10 the 26th sec
on and the sb section specifically referred to that sum
when collected, its terms being Such several sums NJ
money provided for by the preceding section, when col
lected shall be paid int, the treasury said respec
tive ces and shall be ETY. led the Police md" There
no authority conferred by any act Of the Legislature
draw money for the pay ment Of the Metropolitan police,
and The raising of money by such means by implication
inhibited by the 27,h 'ectlop OF the police act
Second. To raise money by fund, would be necessa
TO insert section in The ac specncsy sutnorz-
ing the mode OF creating the fund.
Third. The fund, collected and paid into the State
treasury could be paid ont again, because there 10
enabling making Q distinct application OF the
and by analogy to the rule which prevails In rea
ton State appropriations, and which contained in ser
g. ATT Of the constitution OF lS46, the Comptroller would
not himself authorized N draw any warrant for 10
pay That section provides that no money shall
be paid out OF the treasury OF this STATE or any OF IL
un4e funds under its Management except in pur-
suAnce o. spprspslAten by Az ana every
the object which s TO be app opraled ana II shall
not be SUFFICIENT for such lay to refer to any other law TO
nx such sumn
Nor can the Metro poi,an P,ico bill DO deemed appro
praton o. In any Of the tenn for 10, woald
be UNCONSTITUTIONAL Art sec. requires the assent OF
two thirds OF the members elected 10 each branch OF tue
Legislature TO- every bill sapropriating public moneys or
property for local private purposes WHISTLER there
fore. this be considered state FUND applicable 70 the
pay ment OF state ocers STATE fond, for the payment
oflocs officers equally inefficient to place the money
In the hands 0 the Metropolitan police The bill neither
makes distinct approprla ion, nor WAS Il passed BY
tso thirds Of the Legislature. Lastly, upon every
srourd OF public policy the payment OF money
by public officers should be required TO be made
statute leads oose or nscal Affairs, which
ends defacsons and Tor those defscatons
Of oil times sppreciabie az those urged on the
present OCCASION may be presented by ingenious counsel
Il said continued Mr. Cutler, that the fdod to
mer,orious cass Of persons. an ANXIOUS that they
should be paid the counsel possibly be- but their
hcud not be made an apology for violating the
specific statutes Of the State
pecision reserved until to day (ruesday).
THE TROUBLES OF THE METROPOLITAN