New-York daily tribune., 1857-04-23

The Judiciary seems to be rapidly rising to a
share in the administration Of the Government
of this State such has never hitherto been held
by the legal tribunals of any other country. 1t is
impossible for the Legislature to enact any law by
which either public private interests are consider
ably affected, that its opponents do not carry the
question into the Courts. Thus, in the matter OF
the Canal Enlargement the people of the State were
put TO great expense, and the completion of the
Canals was greatly delayed, by an appeal to the
legal tribunals as to the cOnsttutiOnality OF the
provisions which had been made for that purpose.
So in the matter of Liquor Prohibition: there, too
the assistance of the Courts was called In to defeat
the wishes Of the people, as expressed through the
Legislature and deuge the State fortwoyears past
with free rum. The same game, it appears, Is now
to BE- attempted with the new Police Act, and other
enacments of the late Legislature for the relief OF
this misgoyerned City; while the liquor-sellers
threaten to subject the new License law to the
same process by which they strsngled the act
of Prohibition.
Yesterday an injunction was served upon the
new Commissioners, restraining them from taking
any steps under the Metropolitan Police act until
the Court shall have passed upon the merits Of
long complaint, which afirms that statute to be
unconstitutional upon grounds, the weakness OF
which was fully shown III our columns yesterday.
In his undertaking, the Mayor swears sh:s he is
worth 100000 over and above all his liabilities,
and We presume he will expend every cent of that
sum and drain the Police Coptains-than whom, as
he told them yesterday afternoon " he defes any
Imam in Europe or America to find twenty-five
"men of more honor and integrity and their
subordinates of what money they may have, before
he will relnquish bis efforts.
This is Mayor Woods last card He is sure to
lose the game, but he wishes to prolong his power
and delay the triumph justice and good order for
few days more We arc glad to see that the
members Of the Board are in haste TO meet the
question and have accordingly caused the original
Injunction to be so modified as to bring on the
hearing this afternoon. But let them do their
best, we fear that many months may elspse before
the slow machinery of the law grinds out the re-
suit, which il sure to come sooner or later.
If it is to become part of the legislative policy
of the State thus to subject all the laws of any con-
sequence to Judicial revision, especially if the
Courts are TO assume the power of prohibiting laws
from going into operation till they shall first have
incubated for two or three years-and very few
questions Of any Importance ever get to decision
in shorter period than that-on the question of
their coDstitutionaty in that ease, the first mat
ter that ought to attract the attention of the public
is complete remOdelng Of our whole judicial sys-
tenn. Considered ~ n mere cOntrivance for the
adjudication of private controversies, and the en-
forcement of penal laws oar Judiciary is open not
merely TO criticism, but TO rdicule; but considered
az branch of the Legislative power, more COM
plee contriysnce for delivering over the people and
the public, bound hand and foot to the tender
mercies of private and personal andparty interests
could scarcely be imagined.