The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-24

the law o. ho wcuss have hs a factor There h
better IN he eyes Of The law; and cay there IS rot
lhe beginning vi complaint in this st the private
n an aIao m0Sa sh S S Sy srs nav
injury 70 NJ Wood per % his fears are about the pnblic
they are ~ broad Az the city is and they vital 20
every 0xhsen in =, as to him IL nothing bHt the the
pubic peace which he thinks IL eopsrd,Sed BY the Legs
atre of New York. and by that alone. He says the lie
gsSaeare has passeda law which nc hasbesu advised is
UNCONSTITUTIONAL and upon that ground he asks you to
s<ay he execution Of the law and hold unconstrtonal
u1i he can prove II TO be so. say no similar action
has ever been taken by any citizen Will defy the OPP
fosng counsel TO produce where the people Of New
York have come into court and asked that law be hold
Unconstitutional and tts execution stayed before II has
ever been decided So belongs the opposing counsel
to show that there standing place here for the plaintiff
and that the Court has jurisdiction over the case II you
grant an injunction against person exercising Office,
you stay that ocethe functions and purpose Of It, Sup
pose this act s constitutional there is from the organiz
ton o. the Board yesterday, entire and absolute do
cease aud abnegaton Of the old Board There Is no old
power now Your honor has no power to raise the dead
or revive the Odd commissioners. II ~ a principle
long established that 1t is the FIRST duty Of the
Judiciary not to sbrogate annul ONCE power but
20 see wno Is Por or legal Custodian o. ~ ,
could be dregarded with IMMUNITY until decided by courts
Of law to be constitutional Certainly, TO say that single
Judge before law IS decided UNCONSTITUTIONAL isSue
an injunction preventing It's execution, is extending the
power Of the Judiciary to very understandable degree II
Injunction be served upon chief of police during
riot, what should he do-obey the law by quel!ing the
riot, obey the inunctonp He might require an Ddem
nifty, but he would he likely quei the riot If il is
fact that complaint against law stay its execution,
il il time known say, further that this law Is
plainly CONSTITUTIONAL and not these other first prin
cipes so important would have referred to II sooner.
The first section establishes new Metropolitan District
They don't ray anything against the consutuionaty Of
Mr.. 0Conor--Beore going to complete your argu-
ment should hike to put in some points 10 niue SO you
may understand what grounds take
Mr.. Esrts-(ertainy, you do
Nh. OConor-The act establishing the Metropolitan Pc
lice District is manifest violation of the whole design Of
tho constitution and conflicts with Its very letter. The
Trainers Of the constitution designed 10 decentraze patron
age, and for that purpose the power Of election and ap
pontment 10 all local offices given to the local
thortessher the people their local representatives.
Tho power Of selecting all county, city, town village Of
dcers vested medately Immediately with the peo-
pie Of such county city, town or village We say mediate
~ immediately, because when the officer has not been
elected by the people he Is to be appointed by
thority ucreofhat is uuctionary funcuonaries
OF SAID county, town, city village II tho authority Of
the county town, city village, in whom the Legislature
central government, at Albany, he would not be an
authority OF the county, city village.
ANY newly formed circle, ACCOMPLISHMENTS departments,
or cnions, being unknown TO the constitution their bu
nails OF justice, Judges, offices and officers being wholly
unrroyided for therein all the provisions Of the unda
mental law regulating the selection OF local officers would
be napplcablc and that greatness Of patronage which
was intended to withdraw from the central power would
be placed in tho hands of the Governor and the reyou-
ucnary Legislature meet the reward of their usurpaton
Mr.. EARrs-n there offices that could be do
scrbcd city county offices, then the Legislature could
provide Tor them by appointing whomsocver they might
deem best TO III them. the functions OF TIC Commits
soners 81 Police extend beyond city county m they
legally hred by the legislature so long as the ag.
grega'ion OF counties Is permitted, IL Is impossible
10 call The Offices pertaining TO them
aggregate Of the Offices of single county
take 10 be plain that at the time Of the adoption OF that
constitution there was not only not any police commits
foner fer the district embracing these four countless bat
that there was not single police commissioner for either
~ these counties. Before 1853 police of tho city
Of New York entirely under the control Of tho Corpo
ration governments In 1853 the Legislature established
some entirely new principles in the police department,
aud assigned for Us government and control certain
Board Of COMMISSIONER which before existed Be-
fore that time there such Office officer, and tho
legislature appointed the officers All that Office
their act Is unconstitutional then. II the Law
81 1857 NJ unconstitutional the law Of 1853 and
The plaintiff acting under the law of 1858 fails In his suit
against the law Of 1871 What you do with the act
establishing the Governors Of the Amsbouse2 Plainly II
~ss county oiice, Il previously filed by other
persons, but IN. Legislature camc in did with the
oil of'.ee established aud Oiled IT, Ii this bill
~ Unconstitutional 50 that so with the bill appoint
ing The Commissioners Of Emigration. Il was
found that a change in Police management
Wa necs~Sary. IL there riot In Brooklyn, the
dies ~ New York rushed there and unless
tossc can follow them, there II heavy and unjt task
thrown the police VI q neghboring city. 80 when
there 10 hcs.Say exciemoa 10 New Scrk, the people
rsS ~ IosAA<ss ,g o~ns all low Va bare, ssA uniee
the tcssow them b extent heavy and
tost ia1 y thro~n upon police. n this Law, which
establishes the commission, Is the law or the land,
The police power Of The city placed in the hands OF this
ooinnsion only, and there Is other, whether there
iIluBclous bot
m esse VA here sdtcurncd III Friday, asP.M