New-York daily tribune., 1857-04-24

ties be conetiutioaa, ~ esjsotiss nss IL, Coaa
-touer city ccurxy ofioers lvthis the ,sn,
e the Cons,itutiona cSssos be maint ined.
Az their furctoas extend over N Whole distinct
they arr officers of the STATE. hsving their duh. in
circrm' cribed part Of the Sts.s embrso ng f,u-
counties. which contain two cities and may tswu.
lin the matter q Whiting. Bsrt. 5. C. z. 5l3 de-
cided BY Judge Eduonds.
There il no express provision in The Constitution
prohibiting the crcetioc Of territorial division
ard AIy argument drawn from what is called its spirit
the higher law" must be futile. II u. judiciary
ar, ,be final abers Of the spnt We'll O. oi the let
te- Of the Constitution II Is impossible to what
uht We lave that is not subtended by the vague line
maik, by the prIt Of the Constitution. The deco
trai,inc principle il written pages. Why not
on this II county Is TO be a county. over and
above the Legislature, why not say SO in 20 many
These Dstrictslh having been created in mann.r not
pr,hibcd by the eTIis Of the Constitution the IegiIa-
:ure lodged the police power certain Comfnissoaers
II il was competent for them TO erect the District il
ccupetent for them 10 lodge tha, power 10 any place
they pleased not expressly prohibited by the Cons.
,u,ion Ii the District and Police Distre. ooterln-
NJ Is with constitutional then regulations appro-
nriate to Il Police District constitutional also.
If the Police Commissioners occupy offices such As
existed at the time the Constitution passed whose
functions extended 70 counties cities. nevertheless
they not ely or county oiiees, since their powers
l,ok- county lines and delegates State authority to
new oicers, they ore no longer TO be regarded fall
ing within the operation OF the two first clauses OF the
section quoted
VI But if these Commissioners Of Police he either
city or county oicers, they officers whose office
has been created by law" since the adoption of the
Constitution, and they may be appointed As the
Legislature may direct. Laws 1884, ch. 49, p. i69.
Laws 1888, ch S3!S, p. 40.
The last pat Of the section removes the question
from all doubt. The Convention were not quite 20
foohardy 10 say that every new Office created BY
future Legislature must be cast in the old mold
I. this then Office , Up to 1871 ;he police
sy,tem Of this city was pecemeal ragged affair Up
10 1853 it police forming part of and under the
government Of the Corporation Ia that year, for the
hr>t time, a Board Of Commissioners of Police was
created With duties, the more important OF which
such as the trial and displacement of Police for
had never been lodged anywhere before. II was u
Substantially creation.
II the question were regarding Police Commis-
son limited to the City and County OF New; York the
would be that at the passage OF the Constr
tuition no such Office existed
If the law of 1853 unconstitutional. the plaintih
who appears it, defender has standing in Court
How much clearer is it when we put the two lines
Of reasoning together when we consider that this Is
neither local Office nor known to the Constitu-
ton.
VII The Injunction should be dissolved, whatever
doubt may exist a. to the unconsttutonalty OF the
law. Whichever party needs the aid OF the law 70
obtain possession Of the public Office in controversy,
should be left to invoke it, and in the meantime the
party in possession will be officer de tacto and per-
form the public dutiea
Mr.. Evarts concluded his very able remarks with
eloquent statement of the necessity and wisdom of
the Metropolitan Police act, to be found in the fact
that people who unit for all purposes Of crime
should be unit for the purposes of the detection and
punishment cf crime. Ii this be the law Of the land.
the police power il in the hands Of the parties en-
ioned and can rever return 10 thosefrom whom II
has departed however many I'M functions may be
served on them. The public necessity is great; the
presumption Of cOnstutionay is strong.
The further hearing was postponed till tomorrow
friday afternoon. at O'Clock.