The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-01

~ Wore queS W1tnOut nOooaOIo rolAx2
ton on the part Of holders RIO coffee n, with salo'
Of about $50 bags at loXc. Ike, and 800 Bahia n
1okc- Frelghs Inactive and without change Of
moment In quotations.
The Municipal acknowledgements Decision
OF tho Court OF Appeals-Ths Authority Of
our Ancient Charters Recognised.
In another column will be found the official re-
port Of the decision of the Court of Appeals In
the Broadway Railroad case. We give it entire,
less for the importance Of the direct question that
it involves than for the remarkable collateral con-
frmation which it affords of all the views and ar
guments advanced BY us, on the demonstrations
atty Of the new city charter. So completely in
fact does it cover all the points to which excep-
ton has been taken. that it may be regarded as
decision in advance by the Court Of Appeals, of
the whole question. The Court recognises the
full force and authority Of our ancient charters,
and decides that the powers conferred by them on
the Corporation are of two-fold character-po-
litical and govesnmental-and that neither the
State nor the citizens can divest them of them or
abridge them. The decision maintains the Sharpe
grant as an act which the Corporation was legal.
~ entitled to make In its governmental capacity,
the control which they exercise over the streets,
lanes and highways Of the city being sovereign
power yielded to them by the State for
the public benefit. Ifthere be any consistency in
judicial reasoning it is clear that the principles
enuncated in this decision viii sustain the action
of Mayor Wood and his colleagues. No one that
gives il an attentive perusal can fail to perceive
its applicability on all essential points to the Oh
jections raised by them TO the new charter We
repeat, that on the strength of this decision we
are entitled TO look upon the whole question as
prejudged; and were there not other conidera-
tons pressing upon us, we should give ourselves
no further uneaslneS about the matter.
We never entertained doubt ss to the con
struction which competent legal tribunal would
put on the unconstitutional character of the
recent enactmenta Our anxiety was awakened
less by any uncertainty as to the legal fate of the
question than by the dangers to which the delay
attending a judicial decision would expose
the city. Notwithstanding that victory Is
assured 10 u, we are still far from
being tranquil on this score. 1t is true that
there Is temporary lull in the hostifities be-
tween the State Police Commissioners and the
city authorities, but It Is only the calm which
precedes the storm. From the indications which
reach us there is reason to fear that we are en-
tcring upon a stage Of the difficulty which will
anticipate the action Of the Courts II the new
Commissioners attempt to carry into effect the
intentions ascribed 10 them, the chances are that
the people will take the decision of the matter
into their own hands.
Public feeling Is now thoroughly aroused on
this question. With the exception of the imme-
diate partisans Of the Legislature, there is not
citizen Of New York who does not express him.
self strongly and Indignantly in regard to IT,
There Is q unanmty Of sentiment on the necessi-
~ Of a determined resistance to these usurpa-
tons, which nothing but q full appreciation OF
their dangerous character could have brought
about 1t IL only when great general principles
are involved that we find amongst men of all
parties this concurrence of views. And we say
it without fear of contradiction, that on no occa-
sion within the last two centuries under the guise
of local question, have interests of greater mag
nitude or Of more wide spread importance been
placed in jeopardy. The contest Is not one mere
ly between Mayor Wood and Governor King, or
between the parties which they represent II Is
contest between the principles Of popular free
dom as safcguardcd by municipal rights and the
principles Of Capitalization and arbitrary rule az
revived BY corrupt political clique seeking TO
raise itself TO influence and power by its aid. The
first have in their favor time-honored charters,
the provisions Of our several State constitutions.
and the guarantee Of The constitution Of the
United States ITSELF The latter have neither JUS
tice nor constitutional Law, nor the support Of the
citizens of New York TO sustain them As for
malzed in the recent cnactments they are simply
the expression Of the viii Of an ignorant and ty-
ranical majority In the Legislature, backed by
the support Of the country constituencies The
rights which are placed in issue by these enact
ments have been the source and foundation of
popular liberty all over the world. We
have benefited a. largely by their instltu-
ton az any Of the countries IN which
their first battles were fought II has always
been the fate oflargc cities to oppose barriers to
the centralidng influences Of the supreme power,
and this they have only been able TO do through
the municipal franchises which from time to
time they have succeeded in extortlng from their
rulers The people of the county have, on the
contrary, from their inferior political informa-
tlon, stronger prejudices and jealousy of the
greater intelligence and wealth of The toVVna al