The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-04

General Of the STATE and IN The name OF the peo-
lie of the State. If the new Commissioners had
any confidence in the constitutionalty Of the Law
under which they claim to act, they would have
accepted the legal gauntlet thus thrown down,
and gone into the argument of the real vital
question involved-"Has the Legislature of the
State the power to appoint city Police Commits
sioners-ofRcers whose election is vested by the
constitution in the people of the locality" They
did not choose, however, to join issue; but they
lodged, and made hole-and-corner application
to Judge Peabody, the appointee of the Cover
nor, to dissolve the absolute injunction of Judge
Roosevelt This was another very ingenious
check and countercheck movement. During its
tendency Judge Davies dissolved his own injuuc-
tion on a lawyers bubble picked out in it by
himself, and the probability Is that on other
teehnicalities Judge Peabody will feel justified
in dissolving Judge ROosevelt's injunction.
That contingency, too, has been foreseen, and
new taciq,e resorted to. This was the COM
mencement Of another suit, on what lawyers
know as writ Of mandamus directed to Judge
Russell to compel him to act as Police Commits
sioner under the old law. This is also Instituted
by the Attorney General in the name of the peo-
pie Against Judge Russell it is friendly
suit; but be gave the new Commissioners the pri-
vilege Of defending it for him. They declined
and contented themselves with a protest against
the proceedings. Notwithstanding the protest
Judge Roosevelt entertained jurisdiction, and
rendered judgment, as matter Of form, for the
defendant. From this judgment the Attorney
General appeals to the general term of the Su-
preme Court, to meet to-day; and as the same
pro lorna proceedings will probably be gone
through with there, the question will be brought
up to the Court of Appeals, and there it can he
fairly met, discussed and decided in June next.
To cap the climax of injunctions, and make q
more complete middle Of the whole matter,
Judge Birdseye, Of Brooklyn, has, on the appli-
cation of New York taxpayer resident in the
City of Churches restrained the Corporation of
New York from paying out any Of the $4,000
appropriated to contest these acts.
Such Is the legal aspect of our municipal revO-
luton. Practically, the police Is in the same con-
dition now as they were before the passage of the
act They are subject to and obey the orders Of
the Board represented by Mayor Wood In legal
theory there is no police In the city and no pro-
vision made for the payment of those who serve
in that capacity. No one knows under what
charter we are at present living, or whether we
are not, in fact living under Dongans or Mont
gomerie's charter, granted in the time of the
Georges. The Central park Cannot be laid out.
The new City Hall cannot be bxilt The Or
dinances of the city cannot DO enforced Weare
no more than highly civilized rabble without
head. The now Police Commissioners may, on
the dissolution BY Judge Peabody Of Judge
Roosevelt's injunction, attempt to enter on their
duties by force; and threats have been authorized
ly made that physical force will be opposed to
physical force What them Then, probably, We
may have the trained bands Of the city-Our volun-
teer troops-drawn out against the State militia,
and the peaceful revelation may, unfortunately,
cease to be bloodless one. To such condition
Of anarchy are We brought by the scheming and
corrupt legislation of the most unprincipled body
THAI ever brought disgrace on republican instita-
tons.
THx LIcENTIoUsNyss AND INxoRALITY or THE
PROVINCIAL PREss.-During the past few years
the New York secular press has vastly improved
in its moral tone, while the religious press has
sank sadly in reputation and decency. The
most rigid voluntary censorship is daily ex-
ercised over its columns, and only through
q mere accident, such "a will happen occa-
sionally In the best regulated journals, do We
find an impure expression even in the records Of
the proceedings in the criminal courts. Indeed,
so far has this become the rule that a short time