The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-25

The Municipal RevolutaouyThe new Police
Bail
The new Metropolitan Police bill Is working
this city into nice condition Of revolution and
legal anarchy. Judge Davies, in the Supreme
Court, was again occupied yesterday in listening
to the arguments OF come of the leading counsel
of the city in opposition to and in defence Of the
constituticnality of the new bill The case comes
before him on the application of Mayor Wood
for an injunction TO restrain the new Board Of
Commissioners from exercising the functions de-
volyed upon them. A temporary injunction was
issued ON Wednesday, and the quest on is whether
that injunction shall be made perpetual or shall
be removed. The main ground Of objection to
the bill is that the Legislature usurped the rights
of the municipality In appointing the new Board
of Commissioner and that those officers should
be elected by the citizens oc appointed by the
municipal authoritiea This is claimed to be
contrary to the terms Of the constitution IL Ger
tainly is at variance with che whole scope, tenor
and spirit, not only of the constitution but OF
the principle on which the institutions of the
country rest. II is utterly repugnant to our
whole history, and is an aggression on the most
dearly priced rights of the citizen. =
The argument in defeaoe Of tho new law u
merely technical one. 1t b, Ia short, that a.
though the constitution may declare all city,
county and village officers elective, still the case
does not come within that provision, inasmuch as
the new Police Commissioners are district officers
This il will be seen at once, is pere misera-
be, pettifogging attempt to evade the provisions
Of the constitution But 1t is never to be estab
lished, we hope, by the Supreme Court Of this
State, that the citizens Of this great metropolis
are to be diaranohised by hoous pocus of q
State Legislature, in connecting this city with
urban and rural suburbs, and calling the whole q
Metropolitan Police District
The probability Is that the struggle against
the encroachments of the State Legislature will
be kept up for some time to come. No matter
what the deciaou Of the Supreme Court may
be, the case will probably be brought before
the Court of Appeals and many mouths
may elapse before q final decision Is arrived at.
In the meantime, see in what position the city
will be found in regard to the police. The Mayor
derives his powers az head Of the Police Depart
ment from the charters Of 1849 and 1853, and
| both those charters are annUlled and repealed BY
| the new charter, which comes into effect wtain
one week-on the 6rstof May. OF course II need
hardly be said that this charter, In conjunction
with the new bill, deprives the Mayor Of the con-
troll Of the police. There will be, then, while this
question Is pending and undecided, absolutely no
supreme head of the poAce, ex,ept, indeed, it be
Mr. Matseii, the Chief or except toe police act of
1858, which is not repealed be fallen back upon.
II 50. II may then - st vaxianos With The aew
charter. .f-r s-lr
Into ,sucA an anAeckacal condition ere we
plunged By the attempt Of tAe Stste Legislature
and Of the central government at Albany to
usurp powers and rights which belong solely to
the people Of the city Of New York. If the In
junction be dissolved, 1t is to allow Legislative
trickery and legerdemain to succeed; and If 1t
be continued OF kept in suspense, the control of
the police viii devolve upon an officer whose po-
sition Is now subordinate one. The injunction
Is to be modified to-day, 30 as 10 permit, the ope-
ration of the Law in Kings Westohester and Rich
mond counties. Judge Davies promises to rem
der decision with as little delay as possible.