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

hey al be elected appointed by tho local divisions -
shich their oces apperAn II reftrs 70 ON ses ustus
ID and existing under Tho actual hws OF Tho SAsA
oil osher officers whose election, 10 not
provided for by this Complication" spoken o. the
rent BY that which folIows-"ADd all ofcsrs whose q
noes may hereafter DO creaed by law sha be elected by
BE people appointed a. The Legislature may direct
wheher their functions are local or general By giving
this it, natural interpretation and considering the pre-
u istsEibs and harmonious; but heee clauses not
20 limited there Is al inevitable repugnancy On the op
porte constr ucon We have mandate thai all existing 10
ra Offices and al 0fcos which may be thereafter nsti
Iuted shall be oiled by looa constituency, and ~ the
sae dine direction that these thereafter to DO instituted
shall DO filed the legislature shall direct will be per-
peved that four glasses OF officers are referred to In tho
section: First those whose election appointment is
vded for by this contth uton These are named oaly
second. existing local ocers-the then present county
city and village ,ers These are TO DO chosen by
ncies In their respective localities: third, all
isting officers whose eecon, Co. provided Tor by
this constitution, and who other than county, city,
town and village officers and fourth all oicers Of eveey
description, local general, Whose Offices were 70 be
thereafter created by law. These classes thrown
into one and the Legislature left FREQ provide for
their election appointment shall think most suit
able follows from Whist has been said that the Offices
mentioned in the Municipal Police bill have been created
nce the adoption Of the constitution, the fact tina, they
ed by appoir ment by the Governor and Senate IA
not violation Of the portion Of that instrument which
we have been considering. But 1t not enough I, take
names Of onscers existing when the constitution was
adopted afterwards changed by an act Of the Legs
lature, or their functions oolorably modified
The constitution regards substance and not FORM Now
there was anterior 70 the adoption Of the constitution,
chief executive officer Of the police, and large number
Of captains assistant captains and policemen all OF whom,
except the chief are declared possess the power of
shah and the chief was 70 the OF Justice
Of The Police Court ,ssI is4 S psss 49, Art i :sSs
doubt public officers, and they moreover city ON
GERS within the meaning Of the constitution The super
mentioned in The Net opolan Police bill, are officials Of
the same character, possessing substantially the same
powers and authorized TO e1erce the same functions As
those heretofore existing under somewhat different names,
and II appointed for the city Of New York, unconneced
with the other territory annexed TO by this act they
or Of come dvison Of Il, or appointed by some autho
riy Of the city. Tue Police Commissioners, amum-
Ds that they were the@ssivss consetu:,on.y appointed
meaning Of the constitution. Hence folous DAT u tN
provisions Of tie statute had been limited Tioriauy the
city Of Neo Fork oould ha ben conflict gth he
ton Of tie constitution 50 ten referred TO- The duties OF
the police force rought 70 be organized and governed
the sole public object Of the enactment the appout.
coBsiutonaly impossible the whole scheme Ia frustrated
II the public duties with which the act charges the Com
the constitution, their appointment cannot be upheld
for public officers without the ability 10 perform public
function: would b. an sSs1,diiy ne ca.s ssep here
eed 70 esscae us official functions 0hich TIE precious las
commintd to TIE Mayor, Recorder and Osy Judge
Of the police district attempted 70 be created BY this bi
II . valid organisation the officers appointed by tho
bill not county or city officers but they are officers OF
the dirtrct thus organized and whether the Offices
created before snce the adoption Of tho consultation tho
mode Of appointment provi led not In conflict with It.
IN he net exist, he ocsrs .uhorseS py !. DO not fan
within the denomination Of county officers Of city OIL
Gers II 70 this branch Of the case that the principal
guments OF the plaintiffs counsel have been directed Tho
Dos soSsuausossnS ...se.s new civil division Of The
ment and second hsi 70 establish such distrc ana 70
organize therein officers for the appointment, regulation
ocs snG poosmen deriving her ro
the central sahory Of the 6istc Ia hostile 70 the power Of
election and appointments conferred upon oounta and
ces BY he above mentioned second section Of he ssnth
l. ne esaDahed divisions Of the sAis into corn,ies,
s. he ny Oonss
tons directions The sppontmeni OF officers arc
based upon and require the continual and permanent
istcnce Of these divisions. csnot be denied thai act
Of the Legislature which should propose to Abolsh
lies would DO hostile the arrangements Of The oonstu
% ss ~ which
Members Of the Assembly are required 70 be apporuoocd
among the counes electors must DO inhabitants Of coun
tes county boards require TO form Assembly die
tic6. There 70 be county Judges and county Courts
he Boards Of SUPERVISORS, which county authorities,
may be made the recipients OF portion OF tbe legislative
pow err CITES towns also pcaded In and nds
penssbe thc carly ing out OF the rangemtn Of The 90
vernment a. organized By The constitution But there no
thing In which requires that these local divisions should
always pcssess the Of constitutional power,
OF that local funcfopacs should Always exist within Them
possessing the fascous when the constitution vN
adopted The counties and cities must not only be pre-
served, but the Legislature must do nothing Respecting
them which Win render them les. suitable for the par
poses for which they recognized by The constitution
All the arrange ments which counties and cities sub
serviept Instrumental, In which their agency 10
and uns mSiasea Bs, The &c. under consideration does
NOT propose 70 abolish any OF thesc dvt,ns On Tho con
trary tho existence OF counties and oos embraced IN mo
Metropo nn district rccognized and thcir continued
existence essential 10 ibo arrangements OF tho not ~
70 the working Of the constitution ite No subordinate
and no funds for their payment can be farushed without
the cooperation OF The county and city Authorities
Counties and cities then mot subvertsd By This act
Nor perceive that any arrangement Of the oonsta
Ton which looks the existence OF countries cities
the co operation Of county or city authorities broken
NAY bs sad lhs - aslqrl ef c7ncs ssvs generally been
Of local coensHnoe sct which shal unite for police pur
poses several counucs and cities, causes tho local d.
yisions 70 be less dss oy defined and This rus Bas
meps would stamp ths diiribuoa OF administrative an
ory among The local divisi with the attribute Of ab
internally or deusct from the dsnctness with which these
divisions ma,ked when tue consuut,n was framed
within our reoSleoSn me s .n ,os ne MP suy
have taken power from The coantry authority snd give
70 The ns and the District Attorneys were once
rn,cd for ssnh county me same features are found
In respect 70 schools. In The admnhtyation OF
this system both town and county AGENCIES are employed,
but changes oen made by which power taken from
the enc and given 10 the other II we're TO establish
The pYpoplc the Legislature reduce the ad
minsu alive authority OF counties, cites towns, can
never rcpume 10 favor Of The central power any portion Of
ursd,con Of these local diysons or change mo par
uilons Of Il among them, existed when tho oonstisu
ion adopted, should, think, make an Impractical
BILE government u In The busnes 6 the Legislaiurc 10
adjust The interest Of he whole people Of the sAie, the
dbuuon of the powers Of LEGAL scvcrnu emit taking caro-
that no dreu provision Of the constitution vioued, and
thai no which hes made Incidentally dis
urbtd We do MOI find hat organization Ike the No
rvpo,an district any whore Forbidden and We are I'M
able 10 zee any arrangement OF the machinery Of gov
crumcns which the consultation has provided win be I'M
pedcd on dstu bed b. the execution OF The act We con-
oluse bercorc that The ac oonsatuiionaiy valid 20 DR.
a. thls objection b concerned
Bef.re procs edng 10 the othcr ground Of objection
vim be useful state certain principles which though nos
ered, have sometimes been overlooked In this Ar
sumepl In the nrst place. the people In framine e con
stltuton committed 70 The Legislature The whole law
making power OF the STATE, which they DID not EXPRESSLY
or impiedly Withhold. Pcnary power in the Lcs-lasnrs
for al purposes q civil government The rule prohi