The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-12

POWERS OF THE MAYORS OF New YORK AND
BRooKLYN.-An erroneous statement was made
in the article published in yesterdays HERALD
municipal affairs in reference to the supreme
power over the police in cases OF riot, dis.
turbance, or confagration. 1t was stated 10 the
article that in such cases the Mayors of the seve
raj cities and the Sherfs of the several counties
had the direction and control of the police force.
Such is not, in fact, the case, although it was
perfectly natural to suppose that the chief magis
trate Of city was possessed Of all powers to pro-
tect the peace of the city
Up to the time of the passage of the new Metro
politan Police bill, the Mayor of New York, in
dependent of his functions as head of the police
power over the police and as to calling out the
military in case of riot The new bill, however,
strpst the chief magistrates of thiscity and Brook
Ign of all such powers and confers them on the
Board of Police Commissioners. The fifth section
of that act provides as follows
shall be the duty the Board of Police hereby consti
tuted at all times OF the day and night within the bounda
the said 'he Metropolitan Poles district to preserve
protect the rights OF persons and properly to guard the
public health to preserve order at every primary and
streets, roads, places and Highways, to provide proper
police force ct every fire, &c.
But the goth section of the act is still more
plain and definite as to the intention of the black
republican Legislature to strip the Mayor of
every vestige Of power to protect the peace of
the city. 1t says
powers now conferred by law upon the Mayors OF New
York and Brooklyn In respect TO ordering military assist
ance In aid Of the civil authorizes to que riots suppress
instructions protect the authority and preserve the pub
Lie tranquility.
There are numerous other clauses in the act
which we might cite to show the came thing; but
the foregoing are conclusive to show that the
chief magistrates of New York and Brooklyn
have not left to them shred or latter of autho-
rity to protect the public peace, but are COM
pletely superseded by the Police Commissioners
But least it may be supposed that the new
charter conflicts with the law, and does bestow
on the Mayor the general police power that has
the charter says on the subject Of the Mayors
duties By section Is he is required to commu-
nicate to the Common Council once a year, a
general statement of the situation and condition
of the city in relation to its government finances
and improvements recommend measures con-
nected with the police, security, health cleanli-
ness and ornament Of the city-to be vigilant in
causing the ordinances to be executed and en-
forced-to exercise constant supervision over
the conduct of subordinate oficer-to receive
and examine complaints against them-to per-
form generally such duties as may be prescribed
by the charter and city ordinances, and the laws
of the State or of the United States and finally
to appoint clerks These are the whole of his
duties and powers. Not an intmation is con-
tanned in a section, clause or sentence Of the
charter as to the Mayors power to protect
the peace Of the city; and, Of course, he has no
such power.
We deem it, therefore, right to correct the
error inadvertently made in the article TO which
we refer, and to show thus couclusively and I'M
mistakeably that the Mayors of New York and
Brooklyn are utterly powerless to protect the
peace Of their respective cities.