The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-03
AFFIRMATIVE OPINION OF JUDGE SHANK.
LAND.

Tns cot Of the LessiA,are entitled IAN scs 70 -
fabian Metropolitan Police district, and 70 provide
for NE govern ment Thereof" II, BY these proceed
inss alleged 10 DO unoonstituuonAl nal sct having
received the sanction Of The Ieeklasurs and sxscu-
tive department. Of The government, = otShsd
with all NE forms Of nv. Sevsrthssss, In provi-
ssops Hs directly, or BY seccsAsy implscauos,
rspusnApt 70 No consususscu, 10 The province
and duty Of lhe courts 20 10 declare IL Bus n hs Aw
should be found 10 be within NE compesency Of The Legs
lsiurs, however much We may doubt NE policy wis
dom Of shs Enactment duty 70 uphold H. and vim
doae The legislative power. needless 70 ~ she udi
oiAi records Of this court show that We have never
shrunk nom The performance Of this duty on jus coca
me Constitution vests al legislative power IN We Senate
and Assembly with certain restrictions and limitations
Imposed that body BY the constitution ITSELF fndspen
den, Of those limitations, The legislative power onnipo
tent within ~ proper sphere The Legislature, In nils re-
spect the dirsc, representative Of he people, and shs
delegates and dcpcsories Of tbcr power. Hence the
limitations Of the constitution are much limitations
Of Vie Legislature - Of The power Of the people shcm
selves, seH imposed, BY The soasussuonsl CON
p~cl when thc dourt declares . NV upoonsuss
Of ~. people e.. 20 Ne scsn sssoS - Ss~
selves. ms confederation has led the courts, in all
government which are bsscd on The theory thas al poser
resides In The people, 70 give strict osnsvuoon 70 CON
Win mot be presu ned that hbey Intended 70 sbiicAie
their sh and cannot be disregarded without iafrinss
msnt power, unless they have declared In exprsss
terms, " BY necessary implication
rhess piociples are fundamental, conservative upon
The reserved rights and power of The people.
Hence, The courts have Frequently and uniformly DE-
cAred ths they win MOI adjudioAAs lav Unconstitutional
vhss n 70 be made 10 By differences presumpuons
oaly, ov when the question rests In doubt
Any cher rule of construction would bring Tho eeisls
tive and judicial branches cf government Into collision,
the ruin Of one or both.
he wisdom Of The Conservative maxims Of the osurts
are further exhibited BY the consideration that The Legs
Aures chosen At frequently occurring elections and fcs
short Hence, they orr In expressing the wants
Of Ne people, exoeed their pcve the error or exos~s
may be quietly and quickly corrcoAsd BY the people hem
But II this court vAnders from is judicial orbit, and In
s progress couises with ordinate power when NOV
ing In ie legitimate sphere, who shA restore 6e sysem
10 harmony and regulate lie dynamcd forcesf Such ool
sion must terminate either In judicial revolution or new
constitutional oompscts.
The appeants counsel base their objection 70 The Law
mainly upon supposed repugnancy " The second seon
a be enh article Of The constitution, which declares hat
Gan county ofboers, whose election OF appointment
Il nos provided for By this consultation, shall be
elected ~ The electors OF the Respective counties,
other county authorities, the Iesshinre shall direct
All city, town and village cfncers wbcee election ~
pc,ntent NOT provided for BY this constellation shall Be
elected ny the electors o. such cities, tcwus and villages
or Of division thereof appointed BY such authcr
lies therecf the Legislature shall designate for that pcr
nose An other ofncep whcse election appointment 10
sos pvovsded by his constitution, and all ocers whose
ofcss may be hersAsr created BY lac, shall be eleoed
b. ne psspss appointed - he Iegshsurs nag dssct