New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-03-12
POLICE COMMISSIONERS.

The Board of Metropolitan Police Commissioners
net yesterday, the President in the chair al the
members present.
Msyor TIEx.ys presented petition from Chas. II.
Msrshap, Gripnell Mnturn Co., W. w. Detorest
x Co., Goodhue & Co., and many other merchants
asking that the police force at Quarantine be IN
creased in order 10 vessels at Quarantine from
thieves facilitate business and prevent the transmits
sion Of coLtagon from Quarantine. The Mayor
thought it necessary to furnish the men, the Commits
sioners of Emigration, be said would furnish the
necessary boats.
Gen. NYr mentioned that an extra force had been
seLt down last Sumner, and some arrests had been
made.
The subject wa. referred to the Committee on Dis
cipline.
Mr. John c. Devereux served upon the Board a
writ of maDdamus from the Supreme Court command
ing the immediate restoration to duty, with pay from
the Goth OF JuLe last, OF James MeCune one OF the
Municipal policemen. He added that Mr.. Mcclure
was present and could be restored Immediately.
A nSmter Of trials of policemen on petty charges
were acted upon.
Mayor POWELL offered TIE following resolution:
hcreds The supreme Court at general icln after full eeu
and del has decided hd the proceeding. Of
charges made against them ard Of the time and place
b, Of tie police force OF the Guy York 10Th day
Of April last continued IN office by the Metropolitan Police
they have been removed according law aud whereas Il the
duty all pubic officers 10 obey and execute the law as they are
interpreted by the Courts, therefore
Reoed That this Board do acknowledge the ghts Of
tie members Of the Police force existed on the 18th Of April
ss the Supreme Couit has declared them and tha: 10
now accept the services Of the .sd Policemen s,rng
Board the hight to Try and dismiss or al against whom charges
IN due form o lav may b. made
Mayor PowELI-I believe that resolution is IN
strist accordance with the decision of the Court.
Mr.. BowEN-I suppose that If this be law reso-
luton of this Board affect it resolution Of
this Board destroy neutralze the action Of the
Courts. see no for passing it at present. aud
move that it be laid upon the table.
Mayor POwELL-The resolution simply expresses the
willingness of the Board 10 acquiesce in the decision
of the Courts. Last Summer, when the constitution.
atty of the act was affirmed many people, and among
them some members of the Commission thought that
all opposition should cease then.
Mayor TIENASS-Hss this Board been served ot.-
sialv with copy Of this decision
Gen. NYE-Not officially; l do not think that
necessary.
Mr. BowES-I think the Mayor is mistaken as to
the desires of the Commissioners last Summer; they
were rot that all opposition, but that all actious OPP
position should cease. All that held was that our
policemen should not be dubbed in the streets We
did not ask that the opponents of the law should
their opposition; the contrary we wished them to
prosecute il in the Courts.
Mr. STRASAHAy-lf the Mayor intends this az
rebuke to US, / would ask him 10 remember where
that factOus opposition came from before.
Mayor POwELL-NOt from me-
Gen. NYE-iou acquiesced 10 other opposition.
Mayor TIENASs-The experience we have had was
that that factious opposition all wrong II tie
Count decides Il at these men policemen presume
that this Board will recognize il at once.
Gen: NrE-The Court of last resort This Court
has said thst notwithstanding this factous opposition
they yet remain policemen and the fact that they did
oppose that aw, after the decision Of the Courts
DID not discharge ttem. wish TO cay that there il no
.sw, ard never was any law since Mayor Wood was
Mayor, that authorized him 10 take control of the
police Of the City of NswYork. They were under the
cbargeot Board OF Commissioners. Notwithstanding
a ardamus was got by him from Judge Russell. i
was too gsuzy TO deceive even the casual observer
He put Il i. force under his direct command ordered
them to con IN surrender their arms and dismissed
item, which oismassa they obeytd. Now this is 10.
apaIalel case. Thi: Is simply legal construction
upon certain doIngs OF this Board. While hsye the
highest regard for all judicial tribunals and while
will obey with most implicit obedience their mandate.
yet the law has wisely provided giving the sane pro-
lection TO this Board as 10 any individual that before
be submits he hiss night TO take the Judgment Of .be
Court OF derner resort. entertain no doubt this. tie
Court Of Appeals will asquckly reverse this adgmen,
as Il Ia presented think if the Supreme Court would
go back and get the facts right they would come 70
different judgment. ~
Mayor Notwithstanding TO the decision oc the
supreme Court you have got 10 yet out these men
legally that ls the object of this resolution.
Gen. NrE-Ihey put great stress upon the fact that
they were not served with notice. Now don't think
the case rests upon that NJ all /. rests upon whether
men can stand In open rebellion 10 the aw-whether
men can openly disregard the transfer Of authority by
the law.
Mayor PowELL-The Court has decided that.
Gen. NYE-No, il has not lie don't say that that
d)es not amount TO a withdrawal.
Mayor PowELL-Let "a take the ease OF man who
withdraw that i sufficient
Gee. MA man ray withdraw or resign from tue