The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-03


This obecton when reduoed 10 lsst analysts, r. that
the officers created by the question should have been
eced IN be elected b. the ,olo Of the district or Ap
pointed by the local authorities therso aud q docs NOT
but coneTs that power upon the executive OF the
violates the constitution In respect OF the mode o appoint
ment. TO this obeoon answered that these officers
mount in respaci Of srrora limits and jurisdiction, and
duties, TO any Of them.
limits Of the Metropolitan pohc dsuiA extend To- and en-
brace four cnuDtes including two large and cont suous
cities, and intervening rivers ant baFbon Within tois
extended district al The lesser civil divAi0ns Of the STATE
are for the purpe Of police regulation and action, ob
Tated but left intact for ali other PURPOSES
and H. sevAsl divisions elect appoint their local on
heretofore We cannot say. therefore, that the
provisions Of the constitution, in tas respect have been
dstuIb bed Indeed, y certain they have not Bat Ia
rory other than those the consultation, thcy
may defeat the intention Of that instrument In respect TO
the mode q S sse,ns o. appointing 70 once ros srSs
fective in It's provisions against It's own suoverson BY the
people themselves BY virtue Of their reserved egsa-
in proving the power or drty Of this court 70 In
expose the Judicial shield bet the people and the
On rss Sssn nos sS
supplements "a that solemn compact We arc the depos
aies Of NO such power BIT the possibility Of infringing
greatly overttated by counsel In all the hree great
departments Of goyernment the exccutivelegislaaiye
Gems oil hem are fixed by The constitution In such clear
and definite language - to exclude oil other Offices and
modes Of appointment In composition WITH or substitution
for them decaree that the lcgh latve power Of the
stae shall be vested In Senate and Assembly (Artcie g.
section IT, The executive power shall be vcated In Go
Il 90 paros led smonss the several courts and the mode Of
seectDg the judges by election 20 specifically ponted oa
thai doubt exist that not only The mode of selecting
that function Of government and excludes all idea Of
served power on this subject provided By the
creation Of tribunals OF ooncaton, and seoaon ann Of the
tame article which confers upon the Legislature power %
ater and regulate the jurisdiction and proceedings In law
and equity they had possessed the etOfore" So in
respect OF The officers Of State, such - Sec tary, Comp
troner, Treasurer, Attorney General, State Engineer and
sons 10 the mode Of appointment and in most cases the
duties OF the Office, are3nxed, end cannot DO altered
trsnsfsyreI or abolished sy tho Lsss a ..s,
to choose sheriff. Gle, ks, corene and District Attorneys
every three years (Arscls 10, section ~ These cOes
pointment changed Nor can the common Law duties
pertaining to those oflces, lar the names OF
The ofncers are descriptive Of them, DO aorosaed 10
seem 70 admit, the Gaze above cted thai tho Iesss
tuIe might aeosh the ofe Of clerk or uansfer portion
However might be held under tho constitution OF 1921
In rcspcc, TO aooshipg the Office the present constitution
by s tenth article would ~ confer per enna
upon the Counties and to command s exercise "3hcris,
&C., shall be chosen once In three years, and - oen -
This review Of the constitution from the stand point Of
fear Of IL eubvcrfon ought 10 remove the excessive
modcum Of power 10 appoint 10 Office ~ len ia tho execu
tive, Its exercise viii aos DO felt 10 lis contsc. with the
great mass Of power conferred BY election and local ap
poinmenn.
We havo thus far, examined the constitution for the
purpose Of finding An express or necessarily implied pro
nome The oonstutopshty Of Tho aw Follows a. necessa
~ resuh But this does exhaust the subject nor do
I've power np in The sss clause Of tho second SECTION
Of the tenth article, 70 create Offices and 70 direct the
nv thst clsnsn m Ina coc,t,tutlor ian othc, ocer.
constitution, and all ocers whose o,oes may hereafter
pointed a. he Isgsssure may drect rhs cl.uss pro-
vides for two contingepcies First officers whose Offices
q Iy v
instrument and secondly, efces newly created BY The
xgslasure other than county, town, city AMI village
people, In adopting ,bs constitution, meant 70 reserve TO
Themselves, through lbcir immediate rcprcee Natives the
srsss ssd rrsstaS s.ss he uiss s.d espissssd
statesmen who framed and recommended his wovbhn M
adoption well know that human provon could forssee
which time they hoped hs instrument they hal formed
might endure article 49, section ~. mo scenoc Of sooo
u %.ss h,on hops sos rem, ,sits When H.
whole frame Of government cast In an iron mould every
luton. Hence, 70 allow verge for unforeseen Goa inssn
Gle. IL wisdom, ~ nexibihty V strength.
Upon this construction Of the constitution The IsssA
ture acted since i ado ton, BY creating the o Of
po6 commissioners for almost every conceivable object
both general and local. harbos matters auditor Of canal
lie, and numerous o:ssrs his power q crss,ns nss
offices, and npg them by appointment by the Governor,
under he couuon sSd s.s ~orsr
been questioned In the courts until now. II the power
were Doubtful coniemporancous construction and con-
unued action under without objection, 70 hr 70 prove
the assumed ooasruceu 70 have been legitimate aud In
harmony siih the other provisions Of Tho instrument, In
But sad that tho ofnccs heretofore created by Tho
legislature wore more agencies, ophemera In duration
and nsIgDincant In power II this were So II would NOT
drawn from IT, Tho question s o, power and not In
abuse or exce@. Bat an examination Of tho various
ssos and dur.,ios, ssy DO not equal importance hey
do not much h shest Of hose cseated by hs police sc
Another IguIent. uIsd b. ihe Appellant COUNSEL Is,
he words aby hs suahoriues thereof" shoud b ntsr
ps~sr o. sppsnsns 70 Ss oos .usoy q he Cay o.
village
But Ibis construction ought no, 70 prevail, for tvo rsa
70 limit thc power Of appointment 70 The local authority,
the hamers would have Inserted the limitation which We
are .ss q. ssd s 10. ss.
csSscier, nuss be deemed 70 have bo,h counted and
weighed them Tho omission OF ihosc words Of Limitation
n therefore erprssive Of intent nos 70 oonhnc tho ap
pointing power 70 the local authority
o.ass - ,Se lection ad moi oouns h. pro,s,ous q oos
Offices only, but had In contemplation al officers, whether
general eca whose election OF appoint nent has not
already been provided FOR In The constitution and also
coers OIL ooes thereafter 10 bc created, other thas
county, town. city and village cfnces But, As this asgu
or DO move han slISds % he dangerous Of
inierposting Rev pvovs,ons into fundamental law
The appelhnts' counsel further urge that tho hv In
question euasd oy the Legislature, In the form s,
70 evsde the constitutional provsons but In fact 70 de-
prve the ciV Of New York Of the right W cbcsc their
pcseg sss =. 'er grave Ss.rs.. sSs .Ss he
individual member Of that body 70 impeachment VIII
ssy bai law may not be 80 pslpabJ evAsve OF con
stuuouai provisions tbai would be the duty OF the
courts 70 pronounce Tho lag void; mot, however, be-
cause the fsGisasarc Intended 70 evade while they vo
laed b provkons but because they bad mol oeeded In
the evasvs ebFt We NOT made judges n the motives
Of the legislature and the oourt viii not usurp tho inqui
sorial ooe Of inqurins into The bona d Of hsi boty In
dschreing their duties.
Looking 81 Mo pro, sions OF the sct aud comparing
them ~h the Offices heretofore existing prior 10 The con
stuiop hsy create ooce b fore unknown In rcsped 70
territory, powers, duties duration, Succession and oombi
ID true, there had exstef oicers prior 7, the