The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-25

LOOP-HoiES IN THE LIQUOR Law.
SUPREME oOuRr-sPECIAL TERN.

FRIDAY, April 2-1be Argument In the case Of the in,
junction sued out by Mayor Wood against The Commission
era appointed under the Metropolitan Police bill,
continued yesterday afternoon at O'Clock There
large number Of persons present Mayor Wood was in
court seated beside his counsel Mr. Simeon Draper, the
President Of thu new Board Of Commissioners, Also
present. Mr. Cushing tina Attorney General Of the Bate
& New York attended watch the the part Of the
slate. Lord Napier, the British Minister 70 the United
tassss occupied seat beside the Judge, and intro
dussd 70 several gentlemen in the csuSt. ,..,-.,.
Judge diamonds submitted thsFnss Of h.s asgumsnt d
the previous day, as foilowss-.s ,5s.s 3.
IT'S eompssns for shis Goa5. y Interfere BY injunction
R NAT he power e he Court re ths remedy
Com, Sec o Kershaw VS. Thompso AZ &C. r., s2s Story
H. where statute Is in violation of the Constitution II in
the and s the duty Of the Court TO pronounce void
cns as the nature Of the case may require Kens COM As
~ Taylor U.s. IOr ,, H la Newell well, vs. The People
Davies; 8 herman, $50, wynchamer People; ID $50.
IL The act IN question rs In voia'onof the constitution and
The whole scope and purpose Of he constitution in n.
a. The Senator'S egh, districts are
The Assembiynen elected in single districts no.
IN counties. by twos and tens. and the like.
The State officers chosen by the whole people and no.
appointed by the Governor or Legislature at The seat of
d. Legislative powers taken from the center and
The judiciary is divided into eight provincial su-
preme Courts instead OF one Central Court.
4 And much Of the appointing power belonging the
Council Of Appointment The Governor and Senate, is
dfsed by general elections throughout the State or in differ
for county and city Officers a ,Ssy should derive &eir sp
poinrment from the local power
po'men shall be either by The electors or the authorities OF
4 But his provided that all the police of city
shall derive their office not from any local city county
eamsa 70 nsas e@ on the ground a the ss
nS for sus 5 a or%d n any s %
oace thus bringing within the last clause OF that section
Law shall be elected appointed the Legislature may d.
II Is lot onics Tiers are now IN his city under
Pocs, Captains Assistant Captains, sersesnts, Policemen
and Doer%en station honsss duties defined compensation
nj sup.,intendence.
concerned The powers and duues and even the names
In ali his nothing except the extension of The
same system over larger territory.
Ing districts, then these things must follow:
new disirit few feet VIII be good so
paaking one President for or for two the power
OF seie ns de Mayors may be taken from The people and
80 ,Se Justices cirn and police may be thus appointed
So The shsras eerks surroga,es aud District Attorneys
may he appointed BY DE Governor By barely joining two
district sonssns more than trrtcr5 county
B. In ane ali bal would be required word make the
% ors win aHR same
and the powers and then they could be appointed by the
The statute also unconstitutional void because
sppropria'es privse property public use without Just
section is gives TO e Of he new Board all the public
s9Ncs KrGffy. now " ae possession Of The Police De
bs prosson in ihs, section a. to ownership Ac though (.
n * nSo s ,ee ne s ys end ioe
and cannot be taken without compensation
Mr. D. n Field opened The argumen, on behalf. Of the
posed discuss that of the jurisdiction Of the Court
10 try this lie had been asked by the Counsel for
OF the act, and as no had not yet rendered that
opinion he would MOI now discuss the questoa
Of rs consttnuOrarty. He denied thai the Court
had any right 81 hear this He denied the
power q the Court 70 grant tho injunction, either "a
preliminary a final one. This was an application
Tor an injunction previous 10 the Judgment OF the Court by
regular prooos aud the power Of tho Court TO grant this
prov sonal remedy would be found In lie OF the Code
This remedy according 20 The Code, must be In case
where the Judge would pronounce that the plaintiff Is
entitled 10 the relief demanded and II must also appear
that the plaintiff that condition that be- could not wait
pwer a Dc Court had been prescribed BY the Code aud
had been enlarged According 10 the law q Eng
land and us country there was no such thing known as
application for relief In court VI equity by private
Individual ag.rs, The execution of public law 10 show
that this Wa private action he read tho following
tract from the complaint VI Iornndo Wood1-
1 s ans s s sad AZ ETY. ssn sn s ' "a
sioresad, An aci y establish Metropolitan Police District,
sy ~ 8scisr4 and VOID And ia, de- said
sd e-h o Of ssm am my es Psg Snssl br a @
And that IN The mean ne and Until e hnai uasmsn. e tho
ssrsss ana AZ n n-' be ssssss Ss y se an Ca, ~
missonrr Poce ircm iving any Beard OF Police, from
ss-vnag sny sarc over nc po.ss forces q s cry and
u any eiegraph7 slpars.as pnbhe poes EscysT hgss
department % the said city, and sssrcng any .nory
ard pswsr syerer In rspssi = ne pc. % os cry snO
rast said ~ounsel, Is she case, and tho whole OF n
What he asked that gives The Court jurisdctcn,
snd when that she Court has jursdicon2 u has jurs
dieon the acton when Il hrs jurisdiction VI the sub
Jet the parties Now, he dentcd that the suhct Of
action which the Court had ynrsdcon;
and h. denied n The Court had Jurisdiction the
suhtc;, the plaintiff was party who bad right " the
relief demanded. Tho ro.sf demanded H. that the Court
should declare scs sf the Legislature Of the state sn
an order eujcning ocsrs appointed by the Governor
from exercising their fGnciors And The cause alleged
9i @ere $500 M a., saeia .pss, gu "a" csM Dbl
ovrt, he asked dlsre an art Of the legislature nncnn
s,nuionay Why, v,e Whole right which court has Of
judging 81 oct II ve Legislature k Incidental, and not
direct Otherwise there osuld no such thing govern
ment There Is Esch kud OF Jurisdiction "a over an
action brought for the purpose Of DECLARING an art u the
Legislature uncovtuiIonl. There never had been such
jurisdiction, and ne hUped thore never would be. " had
been prnposed, IN opshon N tho Canal law, that an
application shoad be made Cor leave 70 bring action 70
,, tho corshiaioasJ Of th.i ACT bs, the sessrdy Of
tho propoon reoognzed, and wa therefore aban-
dcpsd. That question vss Incidentally discussd IN The
lh'r1ii lie referred, N support his view, " The de-
oison OF Chief Justice Marshall In the OF Msrbury
ssans, Madison. vn only when The Coart was csllei
on W give cfcct 10 law by party coming before
n " ask for IT. evecutoo, that the Court was su-
horsed 30 decide upon It's cousutuuonafiy and validity
H. did not believe The opyske counsel would contend that
there WIS any power On Che part Ct any court 10 declare
by drecs econ an art 10 BE- invalid There was no Jur
dctlcn W sustain action fog The purpose of an injunction
against ne execution 81 &v. There was no difference
between action u declare law unconstitutional and
action N prevent the eyccuon Of law Here case
IN Which citizen 81 The Sate Il New York before
brapch ~ the government aud asks " declare
act o. coordinate branch ~ TIC government VOID hs
power grant injunction derived from tho Ieesls
aud Il 10 be conceived that legislature would
give Judiciary lbs acts and 10 prchb tbs
execution ~ Us avsY II The Court could grant njunc
ton against the Commissioners 1t could we'll grant an
iptupctoc against The Govcr~or, commanding him noa
~ ecnd the names Of thsee gentlemen Commissioners n
The senate. Could anybody believe that The judiciary
had any such su,horityf certainly nA And yet uc
Cuur orld ~ veil 80 one ching az the oaber
"A Judge sisiD IN eqpi only adudse questions Of pro
pery AMI the right 70 AZ htuption = incidental 70 he
Question q ycrslt: That ~as all Counsel rsfsrred 70
nsressss 81 ffysvpssa as MN end cngie Nss) vhsss
M Judge said wAs pfcprg sisne 10 which sng =
Bal - "A, A >ao