The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-18

government which had except had been
sptcially vested in 1t by the States
Judge Edmonds will close the argument 10. morrow
morning.
JUDGE EDMONDS POINTS.
l. Where n Is in violation of constitution II Ia
IN the power and Ii the duty Of the pronounce
void and redress act already done, prevent
templased one, the nature OF the may require
Il Kent. Com AS, 453 Tay flor 70. 20, ter, HILL III.
Newell VS.. People, Seld. 81, ss, 109 ll9 Story On
pst chap oowes w. Davies, Kerr, $50; WynehAmeP
vs. People, To-, $50
rated into system and frequently acted upon,
that certain OF cOnstruc ion have adoped
the government Of such cascs among them The follow
ing
n. The constitution be according 10 tho
sense Of The terms and the intention of the trainers Of it,
lis 70 be construed according 10 its nature ana
Objects is scope and design, apparent from he sruc
turc Of the instrument q whole, and also viewed In 10
g. In oonsrUiDg much may be gathered from conem-
porary history, and int rpretaon Stu
Laird, Cranch, 2ss Martin Hunter, Wheat,
SCI; Cohens w. Virginia, III pa, 4ls)
gusse and is powers, keeping in vie~ he objects and
purposes for which those powers conferred Story
on Constitution, Sec 4ls; Ogden vs.. SAUNDERS II Whea-,
Where power granted in general terms, IL ia 70 be
construed a. co extensive with The terms unless some
clear restriction is deducole from the q Story on
Constitution, sec. 424; saurgess w. CrowDinsoied,
8 No construction OF given power Is to 10 allowed,
which plainly defeats mpars ia avowed oo,o<s. IL
Story on Constitution, Sec 42s; Gibbons Ogden,
In the interpretation of power all the ordinary and
appropriate means to execute be deemed part q
the power ssSsy on CONSTITUTION sec 40; acCuiiosk
5 If power to create is given, implies power 70
hand is hostile to and inoompsaSe Nth tho power 70
create and preserve; and when suoh repogpancy exsR
the consi 40 NoculocE w. Mary land sap,aS, c:use.
quentiy the inferior power becomes nuhty (5surgeM
o where such ropugnancy exists, II is no answer .Aas
each may avoid collision the objection Hes TO the po~eP
ITSELF and mot TO the exercise Of q Story ooask
TO- That is the ruest exposition which best har monIseo
With its designs lis objects and Its general structure Il
Ii. whenever tho terms in which power s granted
equire It's exclusive eHercse BY one body tho subject
expressly forbidden to act (surge-s Crowpnshied
Supra See generally the rules Of interpreAton-I
II. power forbidden by necessary and unavoidable
Implication Is much forbidden FORBIDDEN In expresb
erms (Rarton vs. Hmrod; seld 4s9)
III. 1be act In question Is void for two rcasons-
Because y provides for an unconsuu ional mode Of
Because nvades private property without lust com.
iepsaiion.
nrsi As to local oflcou.-rhi. &c, rovides for tho
pro:pment olpoice officers and clerks Which have ever
been local officers, by Board Of Com ers ana
ot required by the constitution, by The electors Of
city or Some authority OF such city. (const, AT X
Tho Commissioners appointed under the &c. are IN 10
Of 'he city They are an authority Of dstrics oomw.
ing four Committee.
3 This Is in violation Of the constitution ane void
The whole scope, object and design OF the conssisu.
ton was to decenralizo power, viz -
a Senators, once chosen in four eight districts, uo
now chosen in single districts (Art 3, sc. a.
b. The Assembly men are In ike manner chosen Ia
single districts lArt. 3, sec. 81
c. The state officers chosen by the whole peop,e
and rot by the Cover Legislature G the seAl OF go
veinmept art 5, sec. ~
Legislative powers are taken nom the same centre
and conferred County Ipcryisors (Art a. acc lTN
Even tho Judiciary is divided into ogh, provincial
courts 70 stead OF one general court
f. And most or the appointing lower once exercised &c
The centre now dnsed throughout the State either BIZ
general elections or local appoint menp
Be- ides this general de.ign OF ue const usion Tho
particular provision ~ TO local officers Ia In conflict with
The convention had in pain view the making or AZ
poinimsris In police departments . local matter.
D. Tue convention appoI ted !wo committees, oue Soe
general officers and one for local.
called from the Secretary Of state list OF local on
cers smoDg whom were enumerated policemen.
appointments, election to Office and gave heir reasoss
. Tho ,cciion they recommended 70 carry out their
views vas adopted without alteration
J. And Tow, for ten years Immediately folio ring the
adoption of the constitution u has been 40 done.
u Is thus plain from the avoved intention OF tho con-
vepon and tho couten interpretations what vas
intended as to those who were then city, village town
8 Ths plain intention canpo, be evsded or violated bv
any legislative act merely making them officers Of larger
a There Is no new Office created BY this ,aiu,e roro
u bos 10 this city, updor existing Board Of Police
Coums' ioncrs, Chief ~ Psicc captains assistant oao
tains, tcTgeants policemen and doormen station houss
police duties defined compensation crowded proyson fo
appointments and removals. and general
D. II The Legislature thus evade prov ~ion IN nc
constitution, then those things must fol or-
!. u oapno, matter how much territory Ia included In
the rev district, few feet win be good ~ many
g. By mingFng two cities or towns toseher the mower
people and be given 10 the Governor.
~ 20 All local judges may be thus appointed instead Of
beirg elected
A Go bv baro
only paR Of them, sberins, clerks surroga,es aud dis
rict attorneys may be thus appointed and no, elected
y 20 " the Legislature appoint clerks toe polio
IN New Yurs and Brooklyn, they can appoint them for
the whole state and n they spp tbe clerk. OF tao
pcus ney can appoint inspectors Of elections over The
SO rtbc legislature appoint clerks OF the poBce,
'bey NAY appoint police justices, and thus Duliy he
s',e,on which declares they shall DO appointed By tho
Local authority.
O. In One, BY making all county or city officers with
he tame names and powers Of larger or smaller ter
riory they could be appointed by the central power and
no, be elective % now
O. There officer that IL now exclusively city or
ouiiy officer that may be made an officer OF larger
smaller territory, end thus have the constitutional
mode OF bis appointment changed, this statute shall
u Is not intended TO deny the right Of tho Legislature
70 a INC territorial limits OF countes cities and towns,
but That power must be exercised In subordnson IN the
provisions Of the tuition 10 the mode Of appoint
mcna 70 Office and the like.
10 interfere Nth this provision Of the constitution must
yield 70 the supremacy Of the Fundamental laT (WT-
o. The means csnnot be 50 converted into end as To-
change The whole character Of the act lAccallock W.
MAY sr,n snd. Wheat, SiG : .,,v
Section rs Of this act gives TO the use o. me new Com
mis'orcIs all The public pruce property &c nov provd.
ell, II this city, fos The police, and wnnn " me private
The provision 10 the o-I ,s Of the property
subordinate TO the possession, which given absolutely
3 THIS |. In every aspect in violation Of The contribution
and no compensstou IL pr svided for H.