The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-18

0oo n respect 70 tho raising Of the ney
the police 70 declare the member Of police, &C 90
these Commissioners might be considered OILERS 70
70 act under the direction Of We local authorities
operation Of this law, because they trusted 70 supply
the whole force and operation Of the ac Tho sapervs
lice should consist The authorities Of New York might
cband the present police force and make no provision for
York could do .. they had done-say thai police fore.
shoud consist Of only i've mem bu! they could not ~ the
same tine ray una. e o &c ponce lp,ge o. ~, y
for the law said that tho police for,e Of the district should
be under the control Of the Commissioners By force OF
ths statute any officer Of the Metropolitan police coaid
warrant any where Throughout tho State without
having his warrant endorsed by the local magistrate
lice force stationed elsewhere in the Sate, thought
sdvsabo to have this central force In the Metropolitan
rio, or irsurrccton there this large opcal police
force that might be called and thus save the necessity
oonss oracu s police ocOrs Al t to spec, prov
regardto the eecve franchise the Inspectors are
ef to be the immediate creation of the local organizaton
while the police invested merely with the protection
OF the ballot box and with s keeping while not in use
The authority TO sproin the poll clerks 10 also given to
| the Police Commissioner He apprehended that the
statement of wha, the act is showed that might be
very useful very proper, very necessary provision Of
patronage by the State Executive II the thing a To-
gsatve mater, they could ind enough +,
necessary without atriOutng to partisan motives or 70
the grasping Of patronage by the Executive power
we're To have sresmbes TO acts, the preamble
| 10 this act might az follows
whereas offences against property has OF late increas
ed IN And near the metropolis and the local establishments
OF nightly watch and nightly police have been found in
adequate for the detection and prevention Of crime by
| reason of the frequent unntness Of the indi-
| viduals employed-ths nsufacency Of their numbey-
the limited sphere Of their authority and their want
! Of connection and cooperation, with each osher;
and whereas, expedent 10 substitute new and more
efficient system Of police, IN leu OF such establishments OF
nightly watch and nightly police within the limits herein
after mentioned aud to constitute officer OF police, VINO,
sseners appointed by the state sha Greet and c,nrol
the whole Of such new sys en- Of police within these limits
| il Is therefore enacted Nc
such was considered a Sufficient preamble and such
sufficient grounds for the passage Of such police law by
the Brish Parliament carly the time OF George w.
And the British Parliament did net deem tn 1t II
croachng the chartered liberties OF London, when
Il. took parts Of Kent, Of Surrey and Of Md
In 1884, when the ciy Of New York had In popu
laon to three four hundred thousand souls the state
Iegtailr took into consideration inadequacy
police and passed law on the subject, establishing day
and pohoea statutory police system OF the state Of
is;6 the same State Of New Yo.k which has thus under
taken 70 act IN the matter Of police amended the system
What further amendment aud alteration OF the system did
distributed throughout the wards aud attributed 70
the respective Aldermen Of the wards. In 1858, the
/ Legislature again made new system OF police for
The city and county of New York BY an &C. en-.
Of New York but in the city and county Of New York
This act gave the entire control OF appointment aud Of
hory foi the purpose administration board of the
State appointed by the stats. though II true that two
4 c0nmlneOn-tne
Recorder-were officers Of the Corporation, yet the City
Judge not charter city county officer. The
Legislature bad created the Office Of City Jldge within the
city OF New York Now he th ought II quite clear that II
the Legislature could lodge that commission in three
described by their official names ' could lodge in
persons described by their civil names Tbere was no
distinction ging three officers elected for differ
ent purposes and IN loo in persons having no other
official attribates The popua Of the City OF New York
| extended 70 threc-quarters of a milton The popula
lion Of Brooklyn reached 10000 Tho popula
| ton OF Wertchester and Richmond reached 200
|
port OF New York Business was what brought II there
ness they transfased part of the twenty
hours within county and in another part Of the TWEEN
~ four hours another county oesides the part spent IN
transon they therefore, required the support and pro-
lection of the State Were criminals limited by county
lines or seconsr Was thore anything in the revised
statutes which, when there 10 rio. in Brooklyn keeps
there anything to iocaize crime? And the State
have no power to follow 70 New York the criminals Of
their own populations Should the police Of Mes York
mn0us territcryS Let the Court look the Sunday emf
grafton from New York into the rural di..rcs They could
be counted by tens OF thousands The feeble organization
enrolment Of the authorities utterly unable
cope with there uibd volumes Of population Were they
permit themselves to be ravaged Sundays because they
were quie, for the Of the week. lie the
question Wheeler there was power in The STATE TO govern
mode dosd By lis law wa by
or indirect provisions Of the constitution The suit
ment and az one Of the three Commissioner under the
law Of 1858, and he cans that the defendants have in
uuded usurpco each or these otfCes they
but to inquire whether there existed lawfully within the
constitution such ofcos it complained Of that they
niraded into and If 50 whether they shosed authority
establishing the Metropolitan Police district within the
constitutional power O. the legislature he held taAi tho
S Ssea .e sss and 's ey S' unit by s se :ev.
regni'y, and the People Of the state Of New York
primarily united in wis, described the Of
New York He was citizen Of Tao siaie OF New York.
He lived under the government OF the state Of New York
Aud between thcsc boundaries OF the humble individual
no n 40
other, there Ia master When the people meet In
ven;.S to form consultation hey bring all .ueI power
the state supposed TO be IN the convention with all the
powers belonging 70 civil society and they arrange and
deem az They say, In effect, "wc will pass any laws
escroaehng on the liberty srocoh OF the prcss;
ou, giving eou,pca,a,cn &c The citizens are ci, indi
viusly to the enjoyment OF those civil rghb not taken
into the genera social n The constitution n New
York dsposcs oribe legislative power says that the Ie
glaturc s vested with The legislative poser OF the State
This idea Is preserved with great care In the four,esnh
chapter Of The third section THIS vesung or legislative
power IN not alienation abdcalon OF the power OF
sovereisniy by the people but the mode 10 which they
by representation, exercisc H. Ply the fiction BY
which the people Of he state of New York were in The
convention which framed tbs constitution, The ,ple
are held TO be all present In the legislature mo Icgsa
ure the ory constitutional means by which the people
exercise their sovereign lsvmaking The
| OF Baro and Hmroi wn that and nothing elss. This
presentation Of the people a. holding the whole legislative
power was 20 clear that the seven,eenh section Of the
frs article Of the constitution provides thai the Lcgs
iauro may aevolvc upon the Supervisors of the
counties such powers ~ they may from time to
time think proper TO do lie claimed that the
subject matter Of this Is wholly within the legislative
power the first drty OF the State 20 keep the peace
guard the public health, aud administer public Justice
throughout IL territory. The and the or
securing these ends 10 the detberave wsdo
iaw making power The following citations Of ssuts and
author, show the variety, reach and scope of police
powers Soc b. Com, oh Is, "Olopces against tho
&, ssi, Tile Misdemcsnsr, 4 s. SIS. Tide, Rsga
la;,ous for the preservation Of pubic heab." ID SIS
"W the Internal police Of the Siatc. Ill tilcs.
Charters and ordinances Of cities, for the prcscn
ton Of fires. r. g 1919 p 3S, sec. 7; y. 800, sec
~, for destruction Of buildings prevent spread Of Ore.
~ Wcnd 1873, Tho Mayor VI. lord. q DEMO, tai,
\ Russell vs. The Mayor. Mass. r, s37, Commonweah
W Sessions OF Norfolk ID 3ss, Same Sessions OF
Mddlctox lave rlai.ng niiamural burals NC. Soc
Covcn, GSs Siuy vcsaDt vs. scg York H. 3iq Van
dcrhih Adams. kec, o2p, Commonwealth
nara- Il ISL RakcI ~ I4n-lnn- IL Mnic IS %