The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-06-29

through rivers OF human blood.
IMPORTANT TO TAxrAYERs-THE POLICE
CONTROVERSIAL controversy has been going
on for come time past before the Supreme Court
N this city, on the result Of which depends the
question whether an additional imposition OF
half million year shall, 60 to swell our alrea-
dy intoiersbly high taxes. The case Ia between
the members of the old municipal police force
who were not Incorporated in the new Metrcpoli-
tan Police, and the Police Commissioners the
remedy sought being peremptory mandauus
directing the Commissioners to recognise and
pay these men ~ members of the new force. Ii
will oe remembered that in 1867, when the cou-
sti'u'ionality Of the New Police bill was being
contested through the courts of the city AM
State, there were for some time two distinct ANA
rival police organizs tions here-some officers aud
men Of the Gid force choosing to recognise the
validity CT the law and to render obedience 10
the new authorities, while the majority adopted
the opposite course, aud refused or declined t.
render such obedience.
Well, III that state of things the new Police
Commissioners went ON and completed the OF
ganizaticn OF the force, end by the time the con-
satutionaiity of the act of 1857 was frelly at-
iirmed by the Court Of Appeals, the limit had
been reached, or very nearly 50, aud there was
no longer any chance for the admission Of the
nunicipals, who had up to that time ignored the
legal existence OF the Commissioners, and who,
by the express ssms Of the act, were continued
n Office, woete they possessed the prescribed.
qualifications.
Then this difficulty arcse:-Tbe OLD police Law,
as well as the Lew one, contained provision
that 10 policeman should be dismissed except
Tor cause, aud after cue notice aud
Jial, and that no person go dismiss.
d should be eligible for re appointment.
Ihe limit to which the force was restricted has
been reached. What was to be done With tie
SIX hundred men belonging to the old force who
had lot been embodied into the new, and who
mad not been, rs it is alleged, dismissed ia the
manner and form by which alone they could be
legally dismissed-that is, after due notice anu
rial, and after having had an opportunity to be
heard in their own defencef That is the ques-
ton which has given rise to the present contro
oersy. One Gaze being selected-that of Thomas
Beatty-a peremptory mandsmus is applied for
commanding the Police Commissioners to recog
nice and pay ham as member Of the Metropoli-
tan Police. An answer is returned on the part
of the Commissioners setting up number OF
pleas, the main point being that the relator re-
fused or declined to hold Office under the Com
missioners, that bis place was filled, that there
is now no vacancy for him, and consequently
that the order Of the Court, ii peremptory, could
not possibly be obeyed. A motion was made
the ground OF inconsistency in several of its
pleas, and to issue q. peremptory mandamus, aud
an argument thereupon took place about two
weeks since. The Judge, on Monday last, ia
out the difficulties OF the subject,
quashed SO much of the answer as he deemed IRE
stand, ard giving the Commissioners liberty to
amend within FIVE days At the same tune be
suggested with the very prasewocthy object Of
saving costs, that case embracing all the points
should be agreed upon and submitted to the
general term of the Court, and that Judgment
should be rendered thereon as if an action were
pending.
1t will be seen that if the Courts decide in
favor Of the right OF the REALTORS to be recog-
Dized and paid as members of the Metropolitan
Police it will be tantamount to making them
pensioners of the city for the rest of their natu
raj lives, and giving them claim for over two
years back pay. Their number is about six
hundred, and the pay they would be entitled to
receive would be about half million year
The men who are at present on the rolls of the
Metropolitan Police cannot be removed to make
place for these six hundred, nor can the latter
he added to the active strength of the force un-
less the Board of Supervisors choose to increase
it by that number. At the same time these men
must have their legal rights. For this ugly
snarl into which we have been drawn, and
this prospective increase of our taxes, we have
to thaIk the black republican Legislature OF
1857.