The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-07
THE POLICE comnsMosRRy CONTROVERSY.
SUPREME CoURT-GENERAL TERM.


SUPREME C0URT-GENERAL TERN.
Presentation Judges Mitchell, Roosevelt and Peabody
MAYo.-Tk People At he Relation Of Fernando Wood ~
Simeon Drafer and Ghra-Mr Field proceeded 70 argue
the points for the defendants published yesterdays
HERALD Mr. j. W. Edmonds submitted TO the Court. ~
argued the following points Of law In behalf Of May
Wood
the power and the duty of the courts TO pronounce
void and redress act already done, prevent Oou-
templated one the nature Of the may require Il
roughly incorporated into judicial system and fro
quenty acted upon, that certain canons Of consrucoa
among ea are the following constitution is to b.
construed according to the sense Of the terms and the no
ton Of The trainers Of IT, story on cons sec soe
scope and design apparent from tho structure Of the
instrument whole, aud also viewed In lis oOmponAnI
parts Il story on the Const, Sec 4oS) In constituting
much may be gathered from contemporary history, and
contemporaneous Interpretation Gstuart vs. Laird.
Cranch 299 Martin Hunter, Wheat, 304 Cohens
virginia. h. 1884, 4S) 1t is to receive lSeasQnabe in
terpretation of its language and its powers ~eepng In
view the objects and purposes Tar which those powers
Saunders, ~ Wheat 332) Where power is granted In
general terms is to be construed coextensive with
The terms unless clear restriction deducbie from
Crownnsheld wheat, lIa) No construction Of givea
Its avowed objects. Il Story Const sec. 42s; Gibbons
VS.. Ogden, Wheat, 1857 In the Interpretation Of .
Il are to be deemed mart Of the power Il story On
Const, Sec 4I0; NcCullock Maryland Wheat 3l6l
npo~sr to create gwen j. implies power to pre-
Is hostile to and incompatible with the power create
and preserves and when such repugnancy exists the
thory which Is supreme must control Il Story on the
Constitution, 44o) McCullock VS.. Maryland, Supra
Consequently The inferior power becomes nully. (ur
CESS w. Crowninshied supra) Where such repugnancy
exists is that each may avoid collision; the
objection lies to the power ITSELF and the exercise of
il, Il Story Constitution sec AID That is the trues1
exposition which best harinonizes with its designs its
objects and its general structure. Story Constitution.
sec 4ls) Whenever the which power is granted
Ia
completely taken from another as If that other had been
expressly forbidden to act turgess vs. crownnshieM
Story on the Constitution, book 3, chapter 81
power forbidded by necessary and unavoidable
in expreas terms srou vs. Mmrod seS assS
The act in question is void for two pro-
vdes for unconstitutional mode of appointing local on
ccrs because nvades private property without juse
| compensation.
l. As to local officers this act provides for the appoint
men of police officers and clerks which have been
local officers, by board OF commissioners, and not
quired by the constitution by the electors Of the city o.
authority Of such cy.-Const, art 10, 2. The
commissioners appointed under the act in
within the meaning Of the constitution authority Of the
city They an authority Of district comprising four
counties This violation Of the and void
The whole scope object and design Of the constitution
to decenaze power vizSenators, chosen in four
or eight districts are 10 single districsArt
Q, The Assembymen are in like manner chosen In
chosen by the whole people and not BY the Governor o.
Legislature at the seat OF governmcn-Ar s, Sec 1.
Legislative powers are taken from the same centre,
/
Even the judiciary is divided into eight provincial
instead Of general COURT and most Of the appointing
power once exercised at the centre, Is difused
throughout the State either by general elections or local
appointments Besides this general design OF the constu
he & To- 70 e hsd Is
plain view the making Of appointments In police depart
ments local matter The convention appointed two com.
mtees for general officers and for local called
from the Secretary Of State list Of local officers, among
whom were enumerated policemen. The committee
local officers reported their local appointments eec0a
N
mended TO carry out their views adopted without alto
adoption Of the Consultation has been SO done n 3 thus
plain, from the avowed intention Of the convention and
the coniemporancous Interpretation what intended,
10 those who were then city, qiiage or town OcesS.
This plain intention be evaded violated By any
Legislative act merely making them officers Of arser a.
trct There Office created by this statute. There
is now in this city, under existing laws -
| A Board Of Police Commissioners.
Captains assistant captains, sergean,s, policemen an
doormen.
! Station houses.
Police duties defined.
/ Compensation provided.
Provision for appointments and removals,
And general superintendent.
If the Legislature thus evade that provision In the
constitution then these things must follow III
ter bow much territory IL Included In the districts
| few feet win be good many miles, N
mngng two cities or towns ogcther the power Of ccng
and be given to the Governor. So all local Judges
may be thus appointed instead OF being elected.
go by barely joining two counties together, or only
rct attorneys may be thus appointed, elected
In hne, by making all county or city officers officers with
the same names and powers OF larger smaller terri
tory, they could be appointed by the central power and
not be Give There Is no officer that Is now ex-
clusvey city county Officer that may be mads an
officer OF larger smaller territory, and thus have
constitutional mode &C his appointment, changed this
statute shall prevail II Is not intended 10 deny the right
OF the legislature TO alter the territorial limits OF countless
cities and lows but that power must be exercised In sub
ordination to the provisions Of the constitution, as to tho
mode Of appointments 10 Office and the like When this
10 alter territory Is exercised interfere with
this provision Of the constitution must yield to the
prcmacy Of the fundamental law. Warren Mayor a
Charlcstcwn. 2Gray r. 50 Tho means connot bc
converted into an end as TO change The whole character q
the act (MCulock w. Maryland Wheat, 3ig)
Second-As TO taking private property -Secon 10 OF
this act gives TO the OF the Commissioners all tho
public property &c, provided In his city for the
Ice and which y the private property Of the city he
provision MS TO the ownership OF the property and the
guaton Of ts by the Common Council Il subordinate
TO the possession, which gwen absolutely 10 the Com
mssioncrs This In very aspect in violation Of the
sutu'ion, and no compensation 4 provided for w. The
main scope and object Of tho statute being thus In viola
ton Of the constitution, Il must all fall void wryue-
hamcr VS.. People, Kern, 3s6.
I..tt To-