The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-19


tented but the learned counsel haa overlooked conde
a,on which would show him thai he was much MISTAKEN
10 that insmaion he had but 70 refer 70 the
me o n. He shOx.S ns nsr. wss No
ference. But while his associate presented his vews no
would present his he claimed that the four provi
lions Of the statute In reference 70 the appointment o!
% taking property Of the cities Of New York and Brook
therefore tho oct could NOT BE- executed, .bu must
fall to the ground BE presented bis own supplementary
points lss printed in yesssrdays HsaaID ~ srasF "
interference or not with ree rights Of tho eleo-
tors, he had prepared ca analysis Of the act showing
polan district and the Police Commissioners. Section
e provision TO the residence OF tho Commission
and as TO vacancies section na them Sns s,so%e
the control Of the police force Of the district
Section provides that there shall be president tree
snrer secretary clerk &c. Section prescrbes the A.
;cs Of the po;e to preserve the peace prevent cr a.
Thus far there nothing new Ia the law o,os this
n hs Metropolitan district 70 order .. ocs
elections well as TO protect the ballot boxes lie read
his further analysis Of h~ Their hoaS n: would rec
throughout the whole Of this ACT tina! nsc of th being
independent police was but trw sler of the NUM-
cpa police destroyed the whole existing police estac.
ishmsn Of the city OF New York including the appoint
officers shall be elected by The eope This law SAYS that
they sa. not ba. shall Dc ar pointed by the central
ion OF the legislative over OF the legislature had
they exercised Power which tho constellation for
right snd the wpcni G together 80 A ne enc
cannot be sevcroI from the oher The clerk OF the pcis
was always ocal oioer In inc nrst Revised sSs'es q,
poll c1ork elective of;e. This act hook WY from
the local authorities all control ever the police, and took
away the electors the of choosing pocerks,
pcsx; which the electors Il all the other towns and
Counties Of the State exercise Their Fonors had nought
10 de with the question whether this was disc-eet thing
The Legislature to do BIT whether the Legislature had
power 10 do IT, II ertted thAfttere negative
provision the constitution There was howr YER az
lrma.ive provision in tn, constitution which establishes
prohibit, eta the Lsgsa No argued Kat positive
negative prohibition Of what SHAH not be dose and refer
red To several authorities on tie point II these author
ties sustained his POSITION tner he argued there IN the
to lock At the circumstances that existed at the
time .ihe Constitution was adopted 10 refereece
they were al local ohscers The Gems itutsn always
operste the state of society existed then,
which this provides. Az question Of plain, practical
common sense could any doubt y hat the n.en
that time purely local city au,horeef The iutsron Of
the constitution may be cerved FROM two sourcesfrom
Of the particular section. he woEi not occupy time In
discussing that had been already SO fully disc assed that
twas unnecessary to enlarge upec IL He would content
himself BY referring to his poine he Insisted that not
only the general purpose Of teo constitution bet also in
The purposes Of the particular section TO which he re-
ered they had right TO infer that constitution meant
THAI police CLERKS and election clerks local officers
be appointed by the local authorities and 10 insisted
that this pn intention cannot be evaded violated by
arg lsesave merely making them officers Of larger
district There Is Office created by this statute.
CT Police Comm ssionefs, Chief Of Police, captains as
ean cspaias sergeants policemen and doormen, station
houses police duties defined, compensation provided,
vision for appointments and removals. and general super
intendence the legislature eau thus evafethat provi
zion in the constitution then these things must follow
II how much territory Is included in the
district few feet will be good many acres
miles. By mnEpg two cities or towns together the
he people and be given 70 the Governor So all local
judges may be thus appointed instead of being eeced
Of them r6s5 clerks surrosaes and dssic. attorneys
may b. appointed and not elected. So If the Legs
can ey can appO nsP for the whole s
and II they can appoint the clerks OF the polls
hey can apPon, inspectors Of elections over YER, the
NY the constitution, which declares they shall be ap
pointed by The local authority In nne BY making all
county city officers with the and OF
larger smaller territory, they could be appointed by
the central power, and not be elective There
no officer that Is now exclusively city county officer
that may not be made oc OF larger or smaller ter
ritory thus the constitutional mode OF his APP
poiniment changed If his statute shall prevail
Intended 10 deny the right OF the Legislature TO oil the ter
must be exercised subordnaon to the provs, Of the
constitution, 10 the mode Of appointments 10 Office and tho
10 seepe with bis prsSon Of he eon.uoD Il ma.
yield TO the supremacy Of the Fundamental law Warren
Be SO converted into an end as y, change the whole
character Of the act (McCullock Vs. Maryland.
One Of the learned counsel on oher side had spoken
Of the frauds Of ee ops bu, how would this appointment
Of the poll clerk by the Police Commits 'onsrs improve the
maiierf Who would watch the watcherf What would
prevent the Legislature going step further and appoint
ing poll clerks election inspectors Throughout, the
Slater What world prevtnt them thus sertng
cdenial majority into permanent m,jority' II this
permitted what then would be left in tho fundamental
Law 10 prevent such usuaon over the whole electors
Of the State a. that 10 which REFEREED These
views Of this which he had felt II his duty 70 present
iii and proysons Of the ooustituon ana these we've 5,
Intimately involved AMI wrapped up with AL the
oher provisions Of ns, statute , ,hs, i because
If their honors would look Mt the canal the school
law the common pleas act the liquor Law aud the Charles
they would that there In each OF these
provisions that clearly constitutional and
that might be carried out but he claimed thai whenever
the constitutional and the unconstitutional mia.
gled that they could not readysbe reparacd wherever
the grand scope OF the act Ii thus 70 mnse and thus 70
the constitution, became the nigh, The solemn, the
and the grateful duty Of This Court to the
progress OF such act II that duty which be invoked
is OCCASION and in invoking he could not do better
than the language Of from whose words he had
derived qualification and confidence.
have now, sad he, performed. mperfecuy enough,
know, but well ~ have boon able the duty
Imposed upon me 70 eudeavor 70 ylndicste the
constitution, and my responsibilities are al an end.
In any just view Of that solemn instrumsnt,
let Them be carried into execution by your jadg
this cause; II be doubtful whether the and the
constitution fcf viii not AK that tho former be
aside But the invasion Of constitutional limitations be,
appears 10 H. clear and palpabe-f the plaas
BILE language in which the act clothed Is bui dssass
deceive The organs Of legal vison- In
substance and effect dl.,ncs And clearly espses.ea con
rsrded and set at nsugh then this Court has no choice no
alternative but 70 pronounce the measure null aud void
Responsibility for the consequences belongs 10 those VINO
passed the blu. The constitution their commission,
equally IL you o. and II the same and skil hAf
been employed ~ discover the and follow the
daes 81 thai instrument Which appear 10 have been
cscd IN order TO evsde IT, public interests would have
been for moment In jeopardy Bat calamity which may
befs the State bring with such train Of evils, and
lead great public decentralization the Of
precedent which shs future Legislatures
parh fHa n an am.
poy Of perverse ingenuity and the exercise OF rcck
less experiment
guisned jurst He sayt;-They make the sense OF the
pas bend 10 the wishes and prejudicos OF the inter-
prefer and employ criticism 10 support theory and not
70 guide a. One would oppose, the history Of the hu
mind DID not furnsh abundant proof " the contrary
,fotc~