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

The People er rel. Fernando Wood appellants, rs.
Simeon D, apr and others, Respondents.
OPINION OF THE CoURr BY DEMO, C. j.: This is
an appeal from judgment of the Supreme Court,
sitting in the First District. The complaint is, in sub
ttapce an information in the nature of a quo rar-
yanto Its general Objects to obtain judgment upon
the right Of the defendant to execute the offices of
Commissioners of Police, to which they have been
appointed pursuant tO statute passed at the last ses
sion Of the Legislature. The reator, Fernando Wood
claims That he as Mayor together with the Recorder
and City Judge of the City Of New-York, are by law
cbargeable with and entitled to perform the duties of
Commissioners of Police; and he alleges that the
defendants have ntruded into and usurped these Off
ces. The special purpose Of the action is TO obtain
judicial determination as to the constitutional validity
Of She statute referred TO- The defendants have put
in an answer in which they set up their appointment
under the act and the plaintiffs have demurred. The
Supreme Court holding the act constitutional has
oyerruled the demurrer and given judgment for the
defendants; and the plaintiffs thereupon prosecute
this appeal.
At the time of the adoption Of the present Constitu.
ton the Police of the City Of New-York were regu-
lated and governed pursuant to an act of the Legsa
ture passed in tho year 1874. The Police force, &C.
corling TO that act, consisted of Chief Of Police,
Captains Assistant Captains and Policemen, not to
exceed eight hundred in number, and they were all
appointed by the Mayor and Common Council and
the Assessor of the several Wards. Laws 1914,
chap. 3l5) BY an amendment Of the City Charter,
passed in the year 1Si9, separate department was
organized for police purposes, and the Mayor was
made its head. Chief Of Police was required TO DC
appointed by the Mayor by and WIN the c1n ms
tons TO- 90. The act Of 1914 does not provihe ior
any office having the name the precise incse0ns
of The Commissioners of Police as provided for by
acts in but after The Police Depart
ment was recognized by an act &C. OF the the
Legislature and the Mayor. Recorder ana
City Judge were constituted a Board OF Cofhmis.
soners Of Police and to that Board wa: committed
the APPOINTMENT and removal Of the Chief OF Ponce
and Of all the subOrdnates OF the police force and the
duty of trying delinquent policemen. The Mayor was
made the head of the Police, as in the act OF 1912
The act Of the under VINO" me s
atty Of which is in question: entitled An act to
" establish Metropolitan roiiire District, and to
provide for the government thereof" 1t untes the
Counties of NewYork, Kings, Westchester aud klcn'
mord in a district 10 be called " The Metropolitan
" Police District of the State Of New-York.' The
Governor by and with the advice and consent OF the
Senate, is required to appoint five Commissioners OF
Police three from New York one from Kings County
and one from Richmond Westchester whose term OF
office is to be three years but who are to be CLASSIFIED,
so that one shall be appointed in each year, and who
are TO be the chief officers OF the said Meuopoli.
tan Police Districts and together with the Mayors OF
New.York aud Brooklyn, are to form Board OF Po-
lice for the district Of whom three shall constitute
quorum. The Board is to possess all the power and
authority of the former Board of Commissioners o
Police Of the City Of NewYok, including that of the
Mayor, Recorder and City Judge, as such Commits
sioDers and all the powers Of the Mayors OF New
York and Brooklyn the heads Of the respective po
lice departments Of their cities. The Board u 10 ap-
point chief clerk and six deputy clerks and all the
officers and Of the police force. That force Is 70
consist Of General Superintendent of Police and two
many Captains and Sergeants within certain limi-
tations and so many Police Patrolmen may be de-
termDed upon by the local authorities of the Cities OF
New-York and Brooklyn, the remaining towns OF
Kings County and the counties Of Richmond and
Westchester-tbe Supervisors Of New-York, Rich.
mond and Westchester and Of the remaining towns OF
krgs County representing their counties for that pur.
pose and the Common Council of Brookynrepresentng
that city, Each county is to pay its proportion OF the
police force but the funds are to be paid into the State
Treasury. and to be disbursed herefrom The police
force is authorized to do duty in any part Of the
district without regard to residence or county lnes
and its members are moreover to possess, in every
part of the State all the common law and statutory
bowers Of oontabes, except for the service of civil
process They may execute warrants issued by any
magistrate without Endorsement by another magis-
trate There is to be principal office of the Board
located at such place in the district as the Board shall
determine and the Superintendent of Police il to have
an office in the same building The two Deputy Su-
ptrntendenis are to have Offices located where the
Board shsl determine, except that one is required to
have an Office in the City of brooklyn The district is
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