New-York daily tribune., 1857-04-25

The police has always been local. But by this all
four counties may be put INTO district and the
payments can be done through the medium Of the
central Government. Why can they not erect a road
street ard avenue distinct tomorrow embracing four
counties: why can they not do 50 with lamps WAY
nav they not be transferred to this body What then
hecome- Of the Mayor Give him another name and
he can he appointed by ,his central power The Court
Of Conmen Pleas and Superior Courts, being inferior
courts erected in cities would be taken from the peo-
pie and could be appointed by this central power.
In fart, any part Of orr local Government could be
nunhila.ed by the next Legislature. If YOU trample
upon the fundamental principle Of our Government.
The Constitution recognizes all the civil divisions TO
which have alluded for the purpose OF government
There negative 70 proposition to erect the courts
of the cities Of NewYOrk and Brooklyn into an indie
pepdent court coordinate with the hghes. cour. in this
STATE; but if the Legislature can pass a Metropolitan
Police bill, Il can pass such a'bi creating courts.
The Legislature have dealt with the subject in gen.
e,sl and have recognized the civil divisions of the
State evidently believing that they would be perpet-
ual I have said the people OF a country are the
original Of appoinngpower of all officers in
the country. That is the intention Of the 10Th section
O: the Constitution.
Judge Davies-The excise law passed confers upon
three Judges the duty of Commissioners of Excise.
Mr. OConor-The are already elected by the peo-
ME Of the county. The Convention which framed the
Constitution drew up an address signed by s officers.
In that statement It says:
these fourteen articles they have reorsanred the Lesa
ture established limited districts or the election of
The mo poan, officer. been m.de elective
and counties made elective BY the voters Of the local
y. ";..Th,y have abolished hos; of useIes. officers.
They have sought to reduce and decectFaEe the
patronage of the Executive Government"
II the officers Of county or town are not elected 10
the county or town. they cease 10 be the county or
town officers II il ia law that al county or city
officers to be elected in the county town or city
then the Constitution has no force whatever, rs any
L. al 1.r tlrtu,r fha
whole second section dead lotter. He did not deny
that the officers Of counties towns, cities &C. may be
abolished but he contended that all those officers
must certainly be elected in the locality in which they
were to oct. He cited the case OF the making OF
new .ownship-the Township of Charlestown, in Mas
sachusetts-which was not recognized by their Con-
s,itution which was decided to be unconstitutional
This was similar act, for the object of creating an
anomalous set Of officers. which is Incompatible with
the Constitution. He could not be expected TO find
negative language upon this polnt-there never was
negative language in n Constitution.
In the case of the Broadway Railroad. where there
was an attempt of the Corporation to dispose OF tna'
which WAS public property and which would diminish
the income Of the public and make consequent In
crease of taxes il was decided that the taxpayer was
entitled TO injunction and the injunction was ao"1u
against the contractors. The right of Mr. Fernando
Wood TO come here the ground of being taxpayer
seems be sustained by good authority in this Court
If this law has any validity the Chief OF Police has been
stripped Of none of his powers his name is only
changed. he can go on until the UhlttT II Dlpusut
before the Court OF Appeals The general rule is
that before a officer in the old officer
must yield his place it must be recovered by pro-
test. The police are bound to, and are justified in
obeyng the Chief of Police as much as if this act had
never been passed. Why was there need of such
haste as they have manifested which has endangered
the peace OF community. Everything in the con;
ccc,ion of this act, and everything connected
perintendence rather than the superintendency
Of the police All the police laws left in full force
The Legislature of the State of NewYork had passed
a new law for the regulation of the police yet they
had not declared the old lava repealed. They had
only declared that it should give way 10 the new act
They had no, declared that if the new act could not
be carried into effect the old law should not be allowed
TO be in force They should do nothing to prevent the
other party from doing what they pleased outside oi
the water which surrounded this island. He hoped
his Honor would consider the form Of any modification
of tho injunction which might be made.
The Court adjourned until 10 O'Clock to-day.