The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-19
Dseissoa 81 the csurt OF AppssIs-Aisrnsos

Dssisioa Of the ceurt OF Appsals-Aisrnso8
DUetrinc.
10 rHR sDlroR OF rHB HKHALD.
For almost all the occupations OF Life sound
mind In q sound body lie o prerequisite. A Judge
from the nature Of his employment should eminently
enjoy the rasns sano ia cosore sano." His mental
vision should be withou: defect that he may see an
object where N is, and as il is-not aside from nor
beyond IT, 1t seldom happens days that atten.
zion is paid 10 this natter of mental stfabisnus.
Il is SAD calamity when in the mental visions
Of our Judges fancies are taken for facts, decisions
for realities.
We are fearful that this disease to great extent
affects the judiciary-that many exercising judicial
functions are victims to the mslsdy. We can but
pray that our Judges OF the Court of Appeals-the
highest Court OF our Stste-be preserved from it's
attacks We have great reason 10 fear, however, q
majority Of the Judges of that Court have the dis
esse in its most malignant character.
We judge. this from the fact that in the opinion
given on the merits OF the Metropolitan Police bill
there Is the strongest evidence of this strange mfr
nifty aft citing the judges in their afirmance Of the
constitutionality of that act.
Chief Justice DEMO and his colleagues decree in
this opinion that an office defined by the constitution
to be local office elective by the people shall not
be so considered local Office in the meaning Of the
constitution ii the Lea slsture on grounds Of public
policy stall see fit to determine that the Office shall be
abolished, and one of larger capacity and more ex
tended jurisdiction be substituted in its place. A
police officer who's beat is confined 10 the limits O.
eDe county may be chosen by the representatives of
TIRE people, bot II the Legislature should determine
Qor the public good, mind you) that the officer
should patrol over two counties more, instead Of
over one, then he Is no longer local no longer the
same of6cer-but something else entirely different.
In such case it appears-although We always sup
posed the contrary in our simp city-that the whole
does not include the sum OF its respective parts
y it made up thereof, but ia something that abo.
them.
II this was a matter of abstract speculation /.
.onld be something truly and DELIGHTFULLY."- refresh
ing, bu. as 1t Ia reasoning applied to solemn and
serious decision OF court holding in trust the
most sscred and vital interests of the people, on one
OF the most import questions that was ever sub
United 70 the decision Of the courts of this country
Il rs subject which cannot bs too deeply deplored
In charity for this tribunal Of highest judicial resort
II We refrain from inpugYtpS Tn Asayss, We
can but attribute the shallo te1sonng to which we
have alluded, not to that blindness tor which Justice
n proven Dia but 10 unfortunate detection of the
n entail vision, alluded to at the commencement OF
this article.
We cannot, however, refrain from quoting some
passages from this rare opinion wonderfully concid
tng .ith the statement OF the Ere,,ing Post-that
thc decision was given TO make over the city to the
republican party. They embrace doctrine for the
first time judicaly dec g. ed that NAV well be can.
ssdered the mos. alarming that has ever been sug-
gested 70 destroy every constitutional sa ieguard.
II any one should coubt that the Court Of An
pess has decided that positive and express pro-
WHOM Of the constitution that the cit2e, shonld
enjoy certain ond well defined rights not WORTH
the snap Of finger, provided legislative body
shan determine otherwise, let him peruse the fol-
b-i5g language Of the decision -
political society the stsio has interest n tire re
Wetann OF osorcer and be maintenance OF peace and
s.Tsy OF every locality W hin is n src Il from ey.
eopopI osrses the public good requires that leeslaon
>rc -iGy local Whether consisting OF oue oount, Or OF
Hye slcoundes, 10 within the dscret-n Of tie iss.sln
IRE % sp,S such es sas.on IS in ~ aagmen; the ext
xensy Of may refc.re, and the solo Judge OF
The eIstence Of zach cacses.
No will contend thas tie ie gsRure could not ae1l
se The once and The fur cons OF any ocer whose oee
va DO; constitutional ore, be, created simply
~ legslst . ac. Should they determine 70 day that
Se Of Public Administrator or Street Conmss!oa9f,
any cher otcer whose oce no, established by the
cser,l,uton had become unnecessary usele-s they
could sbolsh the ONCE and the functions together.
This alluson to officials, constitutional or legit
lative, Is distn ction without difference for al
speaks Of State officers by name and refers - coun-
hes, cities, towns, &c, as call county, city and
tosn officers" providing for their election by the
p,ope, with az much certainty In the one case as In
t3e O'ner. IDey al cOnsllLlrlOn2l Officers.
the purest OF sophisty 10 reason Otherwise than
that they are So and yet these Judges say, mo
viii end that the Legislature could not abolish
The Office and the functions Of any officer whose
tGie was not constitutional one.n
While the whole contention has been that our
polce officials have been county and csy officers,
rad eally constitutOnaly c. the Governor OF the
State, recognized as such by Ithe opinion OF these
very judges, within the locality o. the city and
county, yet do they say that the Legislature may
. bosh their Office. to make room for one q more
tx ded iurisdiction with which the people Of tine
loca'f.y viii have nothing TO Do except TO psy the
expense.
Besides, say Ire learned judges
shoald the Ie. lsaurc determine ;aai p1hHc coove
uepce wcud b. promoted by establishing oloe having
Ne ,ane Powers A. the enc abolished. with srsi'con
co extensive with The sAe, ihcre Is nothing the const
su,sop W prohibit sush an &C, OF legislation.
IN other words, We are 10 understand that an the
chatter OF the city IL q legislative enactacnt, the
Office Of Mayor or Alderman may a, any time be
abolished by the Legislature as useless the people
be deprived OF the elective franchise and the same
Iegis ature appoint . Mayor and an Alderman OF
svo 70 reguhte the affairs Of all the cities in the
STATE, under the sanction Of law entitled The
Poly -confederated Municipal Junction" bill: tho
people Of the respective cties to look and enjoy
II. We were simple enough 10 believe that sach a
tbing could not oe done-that the privilege aud
right Of voting for the Mayor Of the city Of Ne~
given dre.tly 70 the people Of the city of New
York; that II could not be abolished, annuied or
taken away by anything short OF q total subysrson
Of the constitution and the government OF The State.
A nd We think 30 still.
We did indeed believe tina, Il was only when such
officers for example, a. Commissioners "ds Lndticc
fnquirendo," 10 examine into the soundness OF mind
ard qualifications OF judicial functionlres, or when
" Commissioners Tor onstrusting and regulating
Metropolitan Balloon Navigation" were 10 be
created that then and then only, could the Legsls
ture appoint the officials withsut consulting the peo
pie But, Dis dhfeT risHu. The vision OF eE-
IL Iolo haa offs0r ur;ao o-I ~uof
submit 20 believe as judicially required 10 be-
Eevs by the honorable, the learned Judges OF the
Court Of Appeals. II Is sti1 our conviction, how
ever, the world moves"