The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-01
NEW PHASE IN THE CONTESTED POLICE
COM ul6SIONERS' CASE-AN ALrERNa-
TIVE MANDAMUS AGAINST THE CITY
IUDCE
SUPREME couRT-sPEoIA TERM.
Before Non Judge ROosnvelt.

APalL 5o--Tk People, BY the attorney General y Ne
State .,raham ID Resell, City Jd9eAn alternative
mandanus granted by Judge Roosevelt against the
City Jndso To compel him (defendanD 70 act POlco
Ccmmis, ioner under the Old law.
Under the police laws existing when tho Metropolitan
Police bal enacted lion. A. d Russell, tho City Judge,
"a Police Commi-s oner and bound ouch sit In tho
Police Bard II mo law is constituuonai powors
. nave ceased
In order 10 try this question promptly, be refused 20
Police Commissioner, aud therefore tho Attorney
General has seryei against him ateruaivs m,nda
mus, returna- be at the special term Of tho Supreme
Court, 10. morrow morning.
This proceeding tho constitutional question direct
y, and therefore IL win DO placed at Issue before uie
Court Of Appeals on Tho rt day Of IL next session 10 June
70 the new Police Commissioners
LETTER IRON THE CITY JUDGE TO TIE NEW
POLICE COMMISSIONERS
GENr1vsr-y-Under the new aci n,rniariy caIl,d tho
Metropolitan Police bill certain powers are purpoIl
90 be, granted to you aud 10 tho Mayors Of New York and
Broot yn Bard ~ Comniss Oers govern the po-
lee q u and anomalous oi-tric specified IN said act
IN common with the great mass of my fellow citizens,
entertain the opinion that thIt act IN ~ whole lonFi and
bcadih u, repugnant 10 Tho Institution Of Tits STATE and
by consequence, "a absolutely, AM IN All its parts void
The Attorney General has ooramonced against you an
action Ia the nature Of quo 'oaTanto for tho purpose OF
obtaining judgment in the appropriate tribunal, the
Qvos,oS OF RICH, involved In this controversy.
That the public interest required this course on tholr
rart no doubt That tho public interest demands
from you tho fullest corporation In bringing the ssuo
thus presented oa prompt decision, 10 70 my mind quite
clear.
Tho council for the sa,o have offered you every facility
for forwarding us obct and Il Il quite nanif that with
the greai9t enenco 10 yourselves sou could 80 de
posed, obiain final hearing NJ general n The So
frcmc Court within a fow days
" - equally clear that hearing could DO had In The
Court Of Appeals on tho first day q ~ session in June
next.
Tho Judgment Of that cour, would b. nnal, and u Ia
your favor all who object 10 your assumed official
action Including myself would be Obliged " aoqesoe.
To-
you have declined 10 accelerate the prUceedng and that
you purpose employing your counsel and the ums Of The
oourt In discussions touching The more forms ~ coilrc,
ard w struggles 70 acquire the liberty Of siding In az
ocal capacity during the controversy which YOU do
iendants may protrsc for many mouths deem i'm
70 The exercise OF supervisory authority tho police q
this city should DO promptly decided Ny constituents
are especially Interested procuring eLch decision at
the earliest practicable moment, and OF their OH
GERS directly implicated IN the question: bccomos
90 everything In my power toward accomplishing that
Ny personal and Official relations 70 this question s1ord
conclusive reasons for such n my Tar.
The laws In force when the Metropolitan Police bin
Passed charged me with the Office and duLos u Police
Commissioner ofthe city Of New York.
Police Commissioner under the pre- existing law. nhs
valid am forbidden 10 do Whether &C, refuse 70
To relieve from this embarrassment, and ~ the
umo 70 relieve The public interest from The jeopardy N
the Attorney General has proseculsd sgsnst mo wr, o.
alternative nandamus cory Of which Is no~ furnished
70 you.
shall claim Tie record by demurrer Otherwise
that the bill afforded sufficient warrant Tor
fasa 70 oct under the former law. This will raise tho
sutuonal question, and shall instruct my council 70
hasten proceedings and procure early decision from
The Court Of Appeals.
or course my counsei viii noi your side Of this
question Tor do not believe In the sOundnes Of th posi-
ton you have taken. But you decline uey viii present
me points, and carry The case 10 ans Judgment
NY object IN addressing you is twOfold -
fustl wish 70 place myself in my true position before
the public az opponent your The forms Of Law
which arc necessarily reeortod 10 for h purpose IN baud
mle ut msload, " this letter not written
Secondly think Il proper 70 oner you ihc control and
management Of my defence In tho mandarnus against me,
except That VIII not sanction any steps deserving OF |
delaying justice Your counsel may dictate tho /
FORM OF tho pcadlngB on my part A. Tar M shan /
oe consistent with waiver Of all OBJECTIONS /
o mere form and with the Of expedition required
lnoy may preen the question q constitutional Law In any
form they shall think 6t and every stage Of tho action
until hnal Judgment the Court Of Appeals they may con-
duct The whole defence and maintain by argument u they
can Tat you In conjunction with the Mayors Of New York
and hroosyn, now lawfully constitute the Board OF Police
O.mm soners, having authority 70 exercise the powers
when were vested In Police Commissioner ex ofco
for s purpose u IL only necessary that they s1end IN
ourt az Ten O'Clock 10 morrow morning
lam, gentlemen, with great respect, your obedent sor-
want. ApRANAN m RUSSELL. CITY Iudvo |
Io Simeon Draper James Bowen, James W. Nye, jacob
flf.x lapAr % r c.a .h.r