The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-01

injunction; BECAUSE DIRT, ths ksgaion psniing
shown " ased .ha, Tho drisndan.. as doing or aoo,
do, any respecting The subject OF tho action and
nSns 70 lender The Judgment , nseS g; 4 .s
once would be just sfecus whethsr Mo defensan.s
ezeYaked tho functions o their office IN Tho ueanano or
81 The provision IN question, however, applkes only To
Of other kssnsonAi injury 70 property
y hbsh n IN controversy between ,he h,igan.s
L. Even the Court ~ special term bad Jurisdiction 70
grant an Injunction agart Tho defendsns, and " tho
quo 70 be treated IKE eivu action, IN
general and The case msds BY the complaint aud Aila
da,W wonh ant the injunction, supp"h,g thu act
establishing metropolitan police TO bs ncois'siuonal,
every ono Of which ons wa deny, still tho iptuncton
mutt fan, BECAUSE the ACT b con ttutioual.
whoevor attacks a INV AZ unconstitutional, must make
ous plain Of unconathu0onaiy. liz show, he
yond reasonable dOubs ,ha. the aw Is void (ask agt
the 60 to- 26 Wend. 6vA Newell agt the people, Sid
9 We iDfh, not only that the act a not thus shown 70
be clearly uncon ttnona' but that Is clearly and I'M
uestionably constitutional and valtl.
The question AhSh r. TO be CON iered Ia this las the
act to esabs AeV opoan Police District any oon4.u
uoral obheaton9 TO this qies have hrs 70
conf the EFFECT Of the act, and then the constitutional
woyisio, which II h supposed to cont aveno.
The act oranizes body Of about hiesn hundred mon,
70 keep the peace and enforce the laws In four contiguous
counties, and places them In the charge Of Ave state
officers
The constitutional provision which this nc. " sup
posed to cotr ,venc Is ihe I'd sect Of the 10Th art
which follows: 1" All county officers, whose elec-
lion or appointment y not provided for by hi, COO
eituton, shsl be elected by the electors of tho
spes.ive counties, appointed by the Boards Of
srlervto oher county authorize, Tho Legislature
election or appointment s not provided for by this H.
tuon ha be elected the ELECTORS such cities towns
and villages, OF divi hon thereof appointed by
such authorities thereof AZ the I'g hture shall de- gnaf,
for that purpose All other officers, whno .otion
apfointm mt not provided for by this consuuiion and
all officers whse Offices may hereafter DC created By
law. shall be elected by the people appointed the Id
gslature may direct"
Now Il Is very clear that these ivo officers, called Com
mss.oners Of Police, county city officers, but
sate officers They appointed by the State, and their
duties are not confined 70 county or city, This act does
nDf feF ba
on In 20 far "a makes the Comn ioners TO be appoint
ed by the Governor and Senate.
But 1t Is said that II indirectly infringos the constitution
because in these State officers dua, which are
essentially local and pertain 10 tho counties cities within
the dhtrict
II becomes, therefore, necessary TO eyamne-First
whether the of order tho enforcement
the laws l. essentially county city duty; secondly,
whether, II DO essentially county Uity duty, the
State may not neveTthele y, take upon itself ths duty
whenever in the Judgment Of the legislature the counties
or cities fail TO perform the duty.
that tho keeping Of the peace ami enfor-
cement Of the lawn are no constitutional tut ense
county city duties. By city officer / understand ono
conn Cied with The agement Of city Affairs, AMI 10y
county officer understand one ecied with the
cement of county affairs City affairs those the cor.
pnrniion called city, and county affairs thse of tho
qudsi corporation called eoanty. An officer - not
county city officer becauso nc h appointed by county
city authorities because lac resides in the county
city, but because his duties peran 10 the affairs Of the
county or city II * the conioundng of this distinction
winch las led to the difficulty
The consttutoD itsef drs cuisines between judicial
created therein by law. An. 8, sec Is
il would be cay 10 cpuerae great Rumbor of Offices
usray nled ~ county or city authorities which
In fact local IN their character would also DO easy TO
mention others which have comfy or city designation
but who.e inoumbcnts have always been appointed by
State authority Take, for example, The Offices of Hrbor
Master, Health Warden, Notary Public Commissioner of
Deeda, Governor OF Almsh0usvs, Commissioners OF Em
grafton, Commissioner Of Excise SperIendent Of Roads
Let II be granted, however that the preservation Of
order aud The execution Of tho laws county city
duties, are they not Also state duueaf Cannot the State
exercise them az well az the city, whenever
State JUDGES bat the exieency t' sufficient
Those who conceive that tho Suite has abdca,od all IA
authority this subject, Of coucsdc that e
State has divosted itelf Of all authority oxeuute ~ WIN
u u hardly oCeiyahe that any form Of government,
up by sensible bnvs el ~ ut.erli a. -,iyo
weak 10 be without the power anything bat az
It's various parts may d. ur even To do anything of
ise-that tho performance If tic lr duties of gryefn
meni depends upon the will " those who are 60 obey
The old confederation OF states was most imperfect
SYSTEM Of roty yet had Of the powers govern.
mcnt and some Of the means of coercion II coul raise
and support armies aud by force, IN certain oasos
elected 90 cooperate But the notion that counties or
cities Of State are SO absolutely independent, that the state
cannot take into ts hands tho Of order which
y me nrht duiy OF All society," - so extrayagant that i %
difficult TO ssppose !, can be seriously entertained.
Tie proposition Of those who deny tho ooslutonalty
q this act must sone 10 this, that the state In any
emergency akc into It's hands the preservation of public
Order for iii can do 80 10 any emergency whatever,
must be the sole judge OF the emergency aud no court n
Inquire into the reasons Of iti Judgment.
lst US take the strongest possible cl'e Of a county
IN state Of nsurrCCio the State refrain from
bringing liz own officers, with It's own force 10
establish public ORDER If il may intcrpose uaroa.h
It's own officers, then 1t follows that there exscn
Giles where the State ray conGle the keeping Of the
peace and tho execution Ur is laws In county 10 ulers
than the officers Of II county, II Il may 10 In
emergency, may do In another for II must Judge Of
the emergency for " Clf.
Let suppose that this instance the State government
found that the city county Of Neg York neglected b
preserve order and enforce Tho laws that police hal
allen into corrupt hands that after repeated elections
had grown worso and rapidly worse; TINT refused 10
seep order u OLD ctouf that by IL many Thousands
Of fraudulent votes had been put into the ballot boxes
hto long ~ was left IN Ia prcsou, state here could
be election without riot aud bo0dshed and no do
post OF cgug OF the votelct us suppose more, that
tho people OF the rest OF the sato who hal occasion ~
seid their property " the city, or come 70 hesevo
found that their property and pIcir persOns not
adequately protected n the state government found
all iols, could u not 0elnIze body Of men,
ofctrs selected BY the State 10 keep order at elections
70 prevent fraudulent voting and casting OF votes 10 pro-
tcct the persons ard property Of slH To this question:
10 there be but ono answer, and thai thai
the State has such authority thai II Il essential atf
boe Of it unity AID sovereignty which has never been
This view shoud scem IL decisive Of the question Put
rospectg the oonstitutonaliy Of the act but am ur
willing &c pass over cerian other considerations which
affect some minds with more or less force.
Tho last sentence Of the section Of the article question
Tart 10, ~ 70 have been gued shut the
door upon questions Of this by leaving the Legislature
liberty 70 create Offices for any purpose, general
should be deemed most expedent The phrase, cell Oh.
vhoee Office may hereafter be created by law must
be taken TO include new county city officers, veil
OIioerb H'hl-N0Sn natural import on 10
eusgeapd " such had not been the intention, Tho word
"other" which IL inserted In the beginning Of the
teDce, could have been omitted the latter clause Of
when tho Offices of Commissioners Of Police were fret
created they Dot filed BY the electors Of the county
city, or by any county city authority They
created and flcd by the Legislature which enacted that
certain officers, elected for other purposes and duties
should OIL the Offices. That as unootsltitonal,
this DO 50, for "a no mere competent for the Iegsa
turo 10 create new office aud al lho nselvcs By do
signaling existing oflccr n OH a. than " oil ny desg
mating private ciizen 70 GU H. IN neither has the
haor staf ha
the local electors OF authorities
The history q our legislation, under the present coust
tuition, strengthens, if does net establish, the
ton which b here mentioned NJ the true one
II has been urged that " this construction be right The
Legislature may change the county lines or ostlbh
districts for civil government That aoes follow The
constitution requires that there should be counties, but Il
does require that the should remain the
IN extent or In power.
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