The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-07-10

on the controverted Kansas constitutional questions
Governor Walkers northern and southern assailants;
the bombardment of Greytown the great fire at Port
au Prince; the pearl discoveries; editorials on the
leading political topics and events of the week the
spirit Of our democratic exchanges foreign and do
mestic miscellany; and the latest by telegraph
and the mails mp to the time Of going to press
A ROPE OF SAND.
We have read with care the opinion Of the court
of appeals the constitutionality of the New York
police BILL We have advised all to conform to the
decision possessing binding obligation. But if
this Interpretation Of the constitution is correct and
to guide judicial action in other cases. are forced
to the conclusion that written constitutions create no
binding or controlling obligations. While we con-
denim the partsanshp which Judge Shankland dis
plays in attempting to defend, by improved and un-
provable assumptions, the action Of his political
friends in the Legislature, accord to his brethren
great learning and ability, and the most perfect
purity Of purpose well the best possible inten-
tons They certainly most justly enjoy the respect
and confidence of all.
Notwithstanding all this, we think they have
erred. Since TIT New York has been governed
under written constitution, and has been divided
into counties, towns cities and villages and thess
again subdivided into districts under the action of
local authority Under it all judicial and ministerial
authorities, including justices Of the peace APP
pointed by the governor and council of revision
The constitution of 1921 took from the executive
nearly all his patronage, except appointing the chan
cellor judges Of the supreme, circuit, and county
COURTS surrogates, district attorneys, masters in
chancery, and few other unimportant officers, and
conferred it upon the electors That of 1916 dvest
ed him Of these and made them elective also. The
design was to make the government one Of the peo
pie, acting in their sovereign capacity Of electors
The governor, all high officers of State, the en-
tire judicial establishment, including sers clerks
and district attorneys also militia officers, and all
county, town, city, and village officers, were made
elective by those whose business they were designed
to transact. The whole scheme Of government is
elective, or selfgovcrnment to its utmost limit. The
public business of the counties, towns Cities and
villages as well as that of the State, is managed by
official agents elected by those who pay the expense
Of their respective governments, and to whom they
direct responsibility The second section Of the
tenth article shows that it was designed to secure
and perpetuatc this state Of things, and to prevent
legislative interference:
.Al county officers whose election appointment is not
provided for by this constitution shall be elected by the
electors of the respective countless appointed by the
boards of supervisors other county authorities the
legislature shall direct AH city, torn, and pagc officers
whose election appointment is not provided for by this
constitution shall be elected By The electors Of such c to,c
and oiages, Of dvson thereof, appointed by such
authorities thereof the legislature shall designate for
the purpose all other officers whose election appoint
ment IL provided for by this constitution and all Off
whose Offices may hereafter be created by law, shall
be elected by the people or appointed as the Legislature
may direct"
This provision conclusiyely shows that all county,
town, city and village officers not otherwise provi
ded for must be elected by the people of the comr
ties towns, cities, and villages. All such officers
had local duties to perform relating to the business
Of their constituents. Taxation, representation and
accountability to the constituent went hand in hand
The constitution clearly intended to recognise and
continue these relations, and to prohibit the egisla
ture from interfering with them The provision in
relation to "a other officers whose election or APP
pointmcnt was not provided for, whose Offices may
hereafter be created by law, shall be elected by the
people or appointed as the Legislature may direct, "
looks not to county, town, city, village officers,
or the duties performed by them, but to those hav
iIB /" uiSuhct anu nucpcnucnt Si"i"cter, SUCH
architects to construct buildings at the capital
lunatic other asylums, State prisons, or other
similar buildings or to perform other special duties
not Of local Government committed to the counties
towns, cities, or villages. The geological survey,
documentary history, and the New York harbor cx-
aminatons the codiicaton Of the laws, and similar
matters, within this clause. The design was
not to interfere with control the powers con
ferred upon the counties, towns, cities, and villages
but to provide for cases which might possibly have
been overlooked in considering those intended to be
included under general heads. The executive, judi
cal, ministerial and police powers all conferred
and distributed under the constitution, and were
exercised throughout the State pursuant to laws in
force prior 10 The constitution Of 1876, and long ad