The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-26
OUR CITY TROUBLES.
|yNo~>N|rr@rN~@|<n|||S
The Police Question in the Supreme
Court and COmmO1 Council.
Opinions Of Judges Roosevelt,
Mitchell and Peabody.
e(D0y~eoN~~~oO~oon~YoV
TIVE CASE TO GO TO THE COURT OF APPEALS.
VNo0~0Or|-oo-01orNo~U~~r
THE MANpAMUs AGAINST JUDGE RUSSELL
~0~N0.0O<vOo~>oONoD~>oO~o(~
MPeAFxNT MESSAGE OF MAYOR WOOD
81 Ia r~o~>No~~o~1~oo~NNNH>NN-N-
NEW DAY AND NIGHT WATCH
CONDITION OF THE STREETS
G1..-s TO-. &c.
OUR CITY TROUBLES.
THE CASE TO GO TO The COURT OF APPEALS.


CONDITION OF THE STREETS,
40, --' DO, &C.
.a,fer 10 i- ..
TIE thirty eight black republican Cossacks of Governor
Hing blletod upon the municipal prosperity of this city
by hungry per.xan Legislature, make but small pro-
gross in their aaterminss campaign against the chartered
rights Of the cU Of New York. The noise, mischief and
nefsrious character q their proceedings have indeed
created an abundant sarm and excitement but the chance
Of their Curing any practical foothold rapidly reaches the
certainty G their reduction to well circumscribed pre-
tepce. Ire pertinacious and dangerous squad-the
Police Gsmmisscne two materials checks
yesterday Tho members Of that Board had In the most
interruptions end selfish forced upon the of
che Police Department Of the city movement towards
soresalng n decision Of the Supreme Court of the State
that Board would make them sort Of collateral jury
and insist that their call should not only be
expression Of readiness for duty in their precincts but
also division upon the question to the constutonaty
Of snd extraordinary act of the Legislature. To day
that question divides three OF the sitting Judges tho
Supreme Court and tho stcest construction Of the OPT
MON which supports the Board does actually
than make q technical decision in their favor.
The two Boards Of Commissioners took action of an
Official nature Ia relation to the Police Department, yester
day. Those calcers and men who had been dismissed
from the municipal service formal leave Of that ser.
VICE. and surrendered the city accouements where they
had possession of any Sergeant Johns Of Broadway
squad surrendered his STAR sc, and had due receipt
therefor at the Chiefs ONCE The Commission had
meeting, and caused fresh orders to be drawn up
for distribution al the station houses, these orders
being prepared upon some relation to the deci.
sions In the Supreme Court II would appear from
every indication in the bearing OF the members Of
the Albany commission that they will take their
course more In ves Of an appeal 70 the Leg ature again.
and recommendation OF their BILL than rely the Court of
Thauu
pssession ana Control Of The depsrmen, and It's appur
enances, and will take their with eye call
by Gov. King FOR special session
The action q the City Council last night carries the pro-
poea OF the Hoard Of Aldermen for city watch reorgan
xAon OF The police to stage which not only leaves that
70 oe merely matter OF few days celay but indicates
the close Of the entire campaign in its bcarngs upon
speedy and regular payment OF the aud the regular
detachment Of the municipal from the State organization.
Prom thus action of city government from the appended
DECISIONS the able letter Of the May to the Common
- bearing upon the issue, Is evident that the police
campaign must now resolve itself into the establish
nent Of two independent police organizations We will
have the municipal police at the expense OF the city, and
those Of the State at the expense Of the State
Such is the interest with which the proceedings against
Increased evidence Of the which
cumnatng in the popular eminent inst those who
sAsevenipg ut meeting OF the citizen volunteers
henry Wilson, their commander In chief, summary
deposed, aad Alderman William wilson cleo ed in his
fcad. The procecdingp tho occasion gave still more
aked expression Of the municipal spirit Of the citizen
neers, and their determination to stand by the char
tered rights and executive officers Of the city the
present emergency full report OF these and other
iers Of like bearing viii be published tomorrow
Supreme Court-<seneral Term.
Present, Judges Mitchell, Roosevelt and Peabody.
The reading of the decisions the constuionahty Of
the new Police law attracted crowded and noceaby iu
tegent audience In the Supreme Court room yesterday
Judge Mitchell delivered the majority opinion, Judge
Roosevelt the minority, and Judge Peabody reading his
last The greatest interest apparently manifested.
JUDGE MIrcuELL's OPINION.
In the argume OF this there scarcely any Or
any) difference Of opinion to the rules by which the
constitution Of State Is to be interpreted Tho rule
under the federal constitution is inappcabe That nsru
framed with the view to confer only certain de-
fined and limited powers the general government. &C.
neral legislative power not given TO Congress, but
special powers only, and those carefully in
seventeen subdivisions This alone would have limited il
10 thoec enumerated powers and such necessarily
implied from them but, go jealous were the people at that
time Of the federal government, that among the mend
wen proposed at the first session OF Congress under the
constitution and afterwards adopted, the decar
Ing that the powers delegated TO the United States by
The constitution prohibited by 70 the States
served the States respectively the people" The
rule applies 10 the State legislature. There
mus. be somebody In which power Of legislation
changing wants Of the community and unlimited except
by such restrictions as may be specially named He.
10 do any particular act must End In tho constitution OF
the United States the clause which gives tae power-but
when Law Is passed by the State Legislature II Is 10 be
presumed valid, until clause the constitution of
the state pointed out which forbids IT, The language OF
The State constitution leads 10 the same result is that
"he legislative power Of this state snal De vested
senate and assembly" This alone includes all power Of
legislation without restriction except such is found in
The instrument or us from the higher auth ,rty
of federal constitution and Of Congress
ms restriction the power OF the Legislature may
either express the prohibition sell canals or
Tho salt Al
a. other instances-or II may be implied when Il Is
declared that sthc executive power shall be vested in
Governor the Legislature cannot take away that power
from that officer or vest II IN another. 80 when u
IL declared that "sherIs clerks Of Counties incud.
ing register and clerk OF tho city and county Of
KeS York coroners and district attorneys shall be
chosen oy the electors Of tho respecuse oounues''-
of election or appointment TO these Offices. Aud accord
ney cannot be and was not disputed that the clause
providing that "al county occIs whose election or ap
elected by The electors Of the respective counties,
pointed BY the bouds o. Supervisors or other county
auhores a. the Legislature shall direct; aud that aall
c,ty town and village ofcers, whose election appoint
rept s not provided for by this constitution, shall be
elected by the electors OF such cities, and villages
or az some division thereof appointed by such author
fes the Legislature shall designate for that pur
pose" art 10, Sec. D-by requiring such officers 70 be
nppaind or ccc>ed by the local authorities negaved the
power Of the Legislature prescribe any other mode OF
election or appointment and II would follow, the officers
appointed under the act now under consideration las
sSc olanun contendx) county officers and do come
within the CLAUSE OF the same section OF the consttu
apponlmcnf Is void That section Is as fol-
lows "A other Gc9s whose election appointment is
nos provided for by his constitution and all all other
sficers whose Office nay hereafter be created by law
shall be elected by tho people, appointed the Legs
aturc may direct This clause expressly establishes
he Legislature full poger to direct the mode OF appoint
nent of s officers whose election appointment Is
provided for BY the constitution and also Of all other
Gccrs whose oiaces boaG be thereafter created by law
the Police CommisshuesC are not county officers, or
the Offices which they Ga kavc been created since the
tuiion took eject rd did not exist before the Legs
had unquexona1ae power TO direct the mode OF
heir APPOINTMENT as A an G.. Whether the law be
edicnt nerpedicn the Judiciary cannot inquire, but
aust obey all o,r citizens must Thus FAR, there
robaby no diversity Of opinion was said IN me argu-
aent by one the counsel but not pressed that the police
aromen were 20 be a, pointed that certain persons
mong them should be the police for the city OF New
ork, certain others Tor Kings county, certain
hers Tor Richmond and &C, tain others for Weschcster
,uhv, ana hence II a,gued that the police we're
mny pnoers But the act not sok creates one Metro
.once ulsuct consisting Of those four contiguous