The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-26

city or New York, which Is SAID Is the private properly
Of tho city.
BY hi; act the counties of New York Krgs. Richmond
and Wesichester instituted metropolitan ohoe DIS
ci and the Governor with the consent OF the senate,
Is authorized 10 appoint live commissioners 10 the Offices
held by the defendants, whose duty shall be 70 take
charge police of sad district appoint ani remove
members or the corps and generally take entire control
and direction Of the admintraoa OF police throughout TIE
territory constituted such police district Thus N "a
erec,s, it is said, new governmental district
unknown to tho fundamental law. The cous,i'r.
ton having recognized all the civil governmental
districts of tho state, gave them, II Il argued perpoav
by its sanction and by ;essary implication forbade the
legislature erect for any purpose OF civil government
permanent districts unknown 10 H. The constitution dost
is true recognize certain governmental isc 81 the seSs
then s,ng does this incidentally, ihan once. n
does no more ihan recognise them however does DC.
expressly sanction them They existed prior IN tho
conuton and not disturbed by IT, but we're suffer
ed they had been heretofore The coui ia.
on therefore, has bad nothing TO DO with hcm or tho ac'
of their existence except silently 10 tolerate them, and
perhaps provide for the alteration Of some OF them under
certain circumstances These districts counties, ciles
and villages. They existed prior 10 the consutlon
and by lett without other sanction than what may
be implied from expressions no more signican, ian
reference 10 them by generic terms IN the distr
button of the Powers Of government Nothing IN the
mode Of reference indicates that they must RONALD
they Vice. that they may not be altered a their
form extent that tho territory which then con
stituted OF these districts county, city, town or
village expected To continue On the cnntary as
70 some OF them the DO ser to alter them liz recognized
that fundamental law and rs TO the others there IL M
thing the face of that instrument TO suggest the mpro
prety imprscicaly OF alterations But suppose that
il had enacted created these Districts Of tho extent
and proportions they and suppose hal gone
further ard ordained that they should remain intact and
they were made, until altered abolished by some
power of equal dignity with that which cnscted them
and that such alteration had been made; when for
purpose, TO acquire some benefit or avoid some
evil con 10 two OF three, or four OF them adjacent u
each other they uue united by legislative enact
meD for that single prpose-to supply want peculiar 70
that particular section orterrtory embraced in thcm would
such law bs invalid violating the spirit OF tho const'
on by infringing those divisions they recognized In as
existing FOR general governmental parposcs9 The four
counties embraced in this district certainly peculiar
in embracing and lying contiguous to the great meropo
lis Of the western hemisphere. From this circumstance,
If for other they must have wants and interests pccu
liar 70 themselves ana common to them ALL Their situa
lion in this respect Is APPARENT must call for an ad-
mnistraton OF police, which wond quito unnecessary
and nexpedent in most and perhaps In all other parts OF
the State. Tho counties, SUCH not dissol vedas
counties they still exist for all general purposes the
governmental departments sanctioned or recognized by
the constitution are not violated but remain IN their Ia
tegrity law applicable To the territory embraced in
four Of them IL mn,ie to supply want once common
and peculiar ia them alore of all the State Indeed as
countless said thereby have sanctioned them,
does this recognise the districts OF territory en-
the same governmental departmens as before, and
in this respective II may be said, in some sense, TO lend
its sanction TO their existence and continuation Tor
the purposes for which they wero crested certainly
to refrain from any disintegratng invasion Of them.
Suppose some other local subject of Legislation to
exist In several contiguous countless valuable fish
cry for instance, which required legislation FOR its
preservation managemcntit weuld hardly ne claimed
Gas claimed here) tnat legislative enactment that
the spirit Of the constitution because 1t applicable
~, s ,rana - 80 ~ =, ,nrt, ~ Ia ca,n,ed
Nth eas nronrie,v This ac, nrovides system Of DO
lice communication for certain section OF the state in
as ,."u,ad We Gee nofhiny more than ths in the ACT
prrtineIi to The objection considering The
~ 80 Sornas ~ arnhyy, cas ,be whos ar conn,u
more than one, Cannot, we think, be important In de-
,endd mai here is anything eynressed IN he
in this respect wrrhe act in Question: Tho
rIan ,r The n,aipT q onv thai the con.tulon ha ing
Tecoguzeu and thereby sanconed Certain royerpmcn,a
dvisious crupcs tow MS cities and villages &c other
divisions Tor governmental purposes are incopssrnt
,h il int fest unauhorized and by implication forbid
Den by H. This argument would force
if the cons ttu,on had assumed divide the STATE for
general purposes OF administrator either by declaring
new or expressly ratifyng the old districts. might
then be AZ sued with more force that the people, with
whom is the sovereign power, by their convention had
entered that field Of duty, and having established or
declared certain divisions OF their territory, must be held
The divisions they deemed expodient and tina, negative
restriction the power of thor humber servants tho
Legislature was thence TO be inferred But this they
have not done The constitution does MOI enter On that
field Of labor ut all either TO originate divisions or declare
those already made does not take W the sgbjec for
button u by certain powers OF local afmnistra
ton conferred IN thcse divisions and the divisions in
that manner recognized and perhaps sanctioned by ~ are
not sufficient authorize tho inference Of restriction
from making any other divisions no. in their own nature
bic 10 any view Of the subject 10 consider this act as ere.
ang new governmental district OF the Character which
would De inconsistent wto aoy general division OF tho
State Those divisions are general aud for general go
vernmcn'a purposes county, for instance i5 qrasi
corporation and, as such, has many powers Of sells GO
yerDmept. Is one of several divisions OF the same cha
racer all Of which taken together make mp and compose
the State They are members, so TO speak, OF the state
county attribute feature of the state 1t has, by
virtue OF It's character, inherently, many classes of
powers Many OF the attributes OF sovereignty by our
law are vested In counties as SUCH Tho division OF tho
State int counties Is not FOR any ono purpose or any part
cuar nuuhr or classes Of purposes II Is Tor The general
purposes OF government Tue origin and history OF ths
given to he term definite meaning aud wherever the
Jurisprudence Of country rs derived from the common
law The term IA believed 10 be In familiar nae and 10 have
sgni iration verv sirnilar IN that has with M
RI ,., ~. H.. aa,r.-, vs. e. t., rsa,,,a,
luz htNhie, WI uo HpnH N'H'1hb
any new governmental division CT tne safe Tor genera
purposes, (Which IL said the Legislature Is not anho
rizcd TO do) merely enacts law on one particular sub
Ct Tor district OF territory embraced IN foar COUNTIES,
limiting us operation 10 that district ", from the gene
raj spirit OF the constitution negative u TO be Implied on