New-York daily tribune., 1857-04-24

eyedes the 10 the former part OF the sect'on
N question, which resides in Its Latter clauses
Another course Of argument, which would Dc
even still more surprising. did it not have quasi
precedent in Chief Justice Taneys opinion in the
Dred Scott case, was partly hinted at and party
| stated, both by Judge Edmonds and Mr.. OConor'
Ii is drawn from what is called the general pur'
pose and scope, or the spirit Of the Constitution
The chief object of its trainers, it is coutended'
was to decenralize; therefore, no centraization'
no Withdrawal Of power from local authorities Is
permissible. Courts are requested to look beyond
the wording Of the instrument which is the supreme
law of the State, and inquire what idea lay at tho
heart Of its framer and infer that because it was
| meant to be generally applied, it must be taken IS
universal in its operation. This is strctconstruc-
ionism with vengeance. The next thing will bel 10
invoke the genius Of Liberty. rather say the genius
Of Slavery, to interpret our Constitutions.
Comparatively little attention was given to these
arguments by Mr. Evarts, who opened the ease for
the defendants, though quite sufficient to show
their weakness. He met the question at the
threshold, by asking what standing Mayor Wood,
as piece Of the Corporation. q fragment OF the
old Police Commission, deputy of tho Common
Council corpcrator, taxpayer or citizen had
in Court What right lay in him to ask Judge
TO decide constitutional question for the purpose
Of resolving his private doubts, and meantime to
clog the wheels of Government, prevent the en-
forcement Of a statute passed by the Legislature
and signed by the Governor, and leave City or
State in anarchy The Judiciary, he contended-
and the statement cannot but carry conviction TO
every unprejudced mind-csn decide whether a
statute conflicts with the Constitution when and
only when that question grows out of private
litigation, contest between parties as to other
matters, and not upon case made for the purpose
of decision. The presumption should always be
that the Legislature was in the right.
The argument of Judge Edmonds in behalf Of
Wood must have excited some rather queer, not to
say amusing, "reminiscences in the minds of those
who not many months sgO met with him in COM
mittee to devise new Police law and new
Charter. These gentlemen could not fail to remem.
Der the zeal with which the Judge then advocated
the appointment of Commissioners of Police by
the Governor and Senate, and when questioned as
affrmatively to his own decision in the matter Of
Whiting reported in I'd BarbOur's Supreme Court
Reports. Indeed in answering Judge Edmonds,
Dir. Evarts placed him in very embarrassing
situation by quoting against him this very decision,
which covers the whole ground Of the argument.
Judge Davies will very naturally inquire whether
the law Of Edmonds as Judge as the feed
.g do is IN ha
taken. If the former, then the decision of the
question was practically made many years ago in
this district.
Judge Davies is certainly entitled to praise in
sitting far into the evening, dinneress and supper
less; for the exigences Of the case demand prompt
decision. If the act creating the Commission be
constitutional then by section 81 the old Board died
day before yesterday after the first meeting OF the
new Board, and all the acts of the Mayor those
of trespssser. Benevolent Mayor to try and
keep hold of his last rod of power under guise of
protecting the public good at the possible expense
of by and by leaving the city at the mercy of bur-
gars and murderers
This springing of injunctions upon the exercise
of official power will lead to bad results. For,
unucr tne uoctrlnc cohtehueu ior W MI. " Nohoi
(who as he grows older becomes less nice in the
kind of cases he undertakes) there will be sprung
upon Judges Oakley, Ingraham and Smith an in
junction from some one Of their Judicial brethren
restraining them from appointing Commissioners
of Excise; or rioters will day obtain similar
"stop law" on the Chief of Police What a
grand gala the scoundrels of the city may then
anticipate.