New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-03

power s &c psrcelse among Toe J sss Sy election
,.s;SsaIly noip.ed ois tha. no doubt can exist,
~ not oaiy the mode Of selecting The officer, ou'
o duty Of he officer, 10 srAas'.IS Of NAV
s, an his suS;ect save as provided by The }n.y.
Ina section Of the sixth article, in Respect ~ the
creation Of tribunals Of Cancellation, sed <6oe Eth
e The same SI sns Tssss as and sro
seedlings ia law and equity a. they had possessed il
,here.ofore" So in respect 81 the cfhcefAa S.sie,
such ss Secretary, Controller, Imasvrtr Arorsey'
Ss.sicnerr inspectors of State Prison., &c. tue mode
q appointment and m most cases the duties Of The
SS6ce are 6xed and Cannot be altered or transferred,
N Abolished, by the Legislature:
90. toe. the seyerl counties have the imperative
mt 30 choose She-is, Clerks Corones end District
Attorneys every three years Article 10, sec. ~
1sss ecss caznot DC Tns DSr the
common law duties pertsung TO tsoee offices, 80 far
q tie names Of the ofcsrs are descriptive Of them,
D. sbrogsssd in any pa;erla resPecs or tIansiesd 70
know the Court seem to admit, VI the case above
cited that the Legislature might abolish the ofce OF
CLERK, or TRANSFERS portion efas duties to another
Sf6cer. ..
However il might be held, under the Constitution
a 1871 in respect to aboisItg the Office the pres
eat Constitution, by it's tenth article, would seem to
semaand is ,rcise "Sherffs, &c, shall be chosen
"snee in three years. andes often as vacancies shan
"happen."
review OF the tuition, frOfH tLe
sfftsr of sp6rerso ought to remove the excessive
alarms Of those who treble for its safety. II some
small modicum Of power to sppanf oomoe Is leit4n
he Executive its exercise will be felt in its conect
eth the great mass of power Conferred by election
and local appointments
We have thus fer, examined the Constitution, for
the purposes Of Ending express necessarily
impled prohibition of the legislation in question and,
having found none, the const1tutlon,ify OF the law
follows ss a necessary result But this does not ex,
haust the subjec. nor do justice TO the other side OF
fba r.osfay
ia clause Of the second section Of the tenth article
20 create ne offices and TO direct tie mode 81 the" a-
Poiatment. -,
"w6ose election or appointment is not provided for ty
"ths Constitution, and all officers whose Offices may
hereafefbe created by law shall be eected ey me
This clause provides for two contingencies frss Oh
fcers whose Offices were crested or recognized as ex'
stisg by the Constitution, brt whose mode Of i1duc-
ZION was nof prescribed by that instrument; and Sec
Obdy xsices newly created by the Legislature, other
Man county, town. city and village Offices These pro-
vsions make tevidept that the People, 10 adopting the
(onstituton meant to themselves, through
their immediate representatives, the right TO create
new Offices to meet the wants and exgences OF great
and growing State. The wise and experienced states
men who framed aud recommended this provision for
adoption well knew that no human provision could
Soresee all the wants and dangers Of twenty years OF
the future-for which time they hoped the instrument
they had formed might endure art. Is, Sec y. The
science Of sociology teaches the wisdom of such pro-
vision in all foms Of government which hope Tor per-
petuity. When the whole frame of government Is cast
IN an iron mold every desire of renovation treason
and every change Is reroiutioa. Hence, to allow
verge for unforeseen contingencies is WISDOM as hcxl-
bility is strength
nature have acted, ever since its adoption, by creating
the Offices Of pilots commissioners for almost every
conceivable Object both general and local, harbor-
masters auditor of the canal department, State re-
porter wreck masters, notaries public, and numerous
others This power of creating new offices, and filling
them by appointment by the Governor in conjunction
cttox tlla frat iSlatu
convened under the Constitution, ana has never been
questioned in the Courts until now. II the power were
doubtful coempoianeous construction, and continued
action under i, without objection go far to prove the
assumed construction to have been legitimate and IN
harmony with the other provisions Of the instrument,
n the judgment of the people.
But il is said that the offices heretofore created by
hs Legislature were mere agencies ephemera ia da.
would not the question validate the inference
sought to be drawn from 1t. The question Is one OF
gosctr and not its abuse excess. But an examina
zion Of the various offices above referred to will prove
equal in importance, they do not Snuoh fall short OF
those created By the police act.
Another argument urged by the appellants counsel is
that the last clause Ct the said second section has ref
srepee to local offices officers which they deny, then
ihe words "by the authorities thereof should be in
terpolaed after the word "dpp0nRsd, as TO con-
Cine the power Of appointment TO tho local authority of
Che city village.
But this construction ought not 10 prevail, for two
reasons: st it Is evident the Constitution was not in.
authority the trainers would have inserted the lint
tatOn which asked to. interpolste, and which
the trainers had lust used in the preceding clause.
They understood the value aud power Of words and,
in 4 document of so solemn character, must be
deemed to have both weicLed and counted them. The
emission Of those words OF limitation is therefore
pressve Of intent not TO Genuine the appointing
power to the local Authority.
The second answer 10 this argument u.s. that the last
clause Of the section did not con6Ie its provisions to
local Offices only, but had in contemplation al officers
whether general OF local, whose election appoint,
fnent has not already been provided for in tbs Const
&utioh; and also officers to FL Offices thereafter TO be
created, other than county town, city and village
Offices. But, as this argument not much pressed
4 viii not further answer ii. 10 more than aude to
Che dangerous consequences Of interps,atns pro-
visions into fundamental law.
The appellants counsel further urge tdat the law in
question enacted by the Legislature in the form
TO evade the constitutional provisions but in fact
TO deprive the City of Nefok Of the right ~ choose
ther police officers, and 10 draw patronage TO tee
central power. These are grave chargos and il true
subject the individual members of that BODY 70 i'm
parchment viii not say that q law may not be
palpably eyasive Of constitutional provisions, that it
would be the duty Of the Courts 10 pronounce the law
void; not however because the Legislature intended
to Grade while they roatei its provisions but because
khey had not succeeded in the erssve effort. We
not made Judges Of the motives Of the Legislature;
and the Court viii not usurp the inqustorisl office of
inqurng into the boac fdes OF ;ha. body IN discharg
ing their duties.
Looking at the provisions of the act and comparing
them with the offices heretofore existing prior 10 the
Constitution, they create offices before unknowa, in
respect to territory powers duties duration, success
son and combination. i. is true, there had existed
officers prior 10 the Constitution who performed SINH
lar duties in limited sections Of this whole territory
but mo of them, all combined had the powers
conferred by this act The power and facilities Afforded
by the act seem well calculated 10 eecus.c the great
objects of police force; and if the rgh, of election
NJ nd A