New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-18


city in his resistance to the laws oftbe State, it is
necessary TO remember that the great quarrel now
i, upon the Police bill and the Charter. The
Mayor himself with the concurrence of his friends
in the Common Council made official application
to Il e Legislature for an amended Charter. The
application was heard the subject sent to the Com
mittec on Cities and Villages, and there elaborately
discussed by oil who took an interest in it, A
Charter was reported from that Committee, passed
regularly through the various stages, and was
finally adopted in the House by vote of
S5 to II. and in the Senate unanimously
not single voice being raised against it. This is
one of the laws which Mr.. Wood repudatesi law
adopted by majority almost unprecedented in the
history Of important enactments. The cOnstitu-
tionaty of this Charter has been questioned Sc
rOusy by no one except the Mayor. TIE Com
mon Council, after some unimpOrtant abuse of the
Legislature for passing it, have gone to work under
it; have organized the Departments TO conform to
its proysions and its validity ard binding force arc
acsnow lodged everywhere except in the Mayors
Office.
The Metropolitan Police bill was not applied for
directly BY the Mayor, but is was based upon his
recommendation, frequently reiterated in his Mes
sages to the Common Council. He says OF the
Police. in his Message Of Jan. II, 1853; "While
the power to appoint, suspend and remove is po-
"litical and elective il will be expecting too much
''cf human nature to suppose that political intlu-
'euce can be excluded altogether" On his own
confession, that any elective officer having the con-
troll of the Police would use them for his personal
advancement and the notorious fact that be did SO
use them 10 the November election, the Metropoll-
tan Police bill was framed. 1t was long and ably
discussed in Committee and in the House; the
largest liberty and the longest reasonable time was
given for the thorough canyassing OF It's merits
while the Press and the people also took all actlee
part and freely expressed their views 1t finally
passed the Assembly by 70 to y, and the senate
By % to A another instance Of remarkable una
nimity. The appointment Of Commissioners was
given TO the Governor, on the ground that he Is
far removed from the City and its politlc' broIs'
while the Mayor himself was made one OF the Com
missiorers.
This act took effect from its passage, about the
middle of April. No indication of resistance was
given until the Commissioners except the Mayors
Of New.Yo1 and Brooklyn met for organization,
when they were served with an Injunction oy Mr.
Wood. restraining them from entering upon their
Office. They peacefully complied with the order;
il was ably argued; and dissolved. Mr.. WOOD I'M
medately got out another injunction, Technically
different. but substantially the same ms also
was argued, and prompt! dissolved; but Mr. Wood
had during the proceedings. obtained writ Of
quo warraLto. demanding that the Commissioners
should show BY what authority they claimed their
ofices-in other words. to settle TIE consti-
tutional!ty Of the law unJer which they
proposed TO take control OF he Iohce De.
pa1tment. This was the fret tangible movement to
decide the only possible doubt as TO ne CoHlmis-
sioners' rights. Tie refusal Of permanent in-
junction was an indirect Acknowledgment, on the
part Of two Judges, that the law was constitu-
t,nal For the purpose Of hurrying the final ad-
Indication. the writ Of quo warran:o was passed up
pro formS without argument, 70 the luA Oench oi
tie Supreme Court. Here an argument "s made,
ard after a patien. consideration the Court
affirmed that the act was constitutional and de-
MED the motion 70 take the to the Court OF Ap
peals. People not thoroughly acquainted with the
Mayor naturally supposed that ne would respect
tre mandate Of the Supreme Court but he had no
such idea; be forthwith appealed aud the case
came before the Court Of Appeals on Tuesday,
where it was at once taken up, and IS now under
consideration.
II thus appears that. 80 far the Mayor has failed
on every legal question which he has raised. Even
the matter OF tskiDg the public money TO pay his
costa aod fees in these suts the ordinance for which
was amended by bis haud 80 as TO increase the
approoriation il bi. favor by 5000. il decided
sganst HIM, Judge Of the Supreme Court having