The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-05-26
THE FIRE DEPARTMENT CONTROVERSY.
Tho New Law DECEASED UncOnstfto.
ssenaa-Brooklyn the stansblfh 3 Block.

s"e acknowledgement
prforo Judp,s Tng,ah,r Geo. - &c..
~ az M. 30, "N DA .
MAY @-ThS People o. Chas c. Pinok~>y md
osaers this case Judgment had previously been en-
terad for thu Commissfooe,. n, IN. ~, a. n.,.ur
men, Nv Jud,s Foster !, snscis ,ar .'o D0p ~
where tho sraI oue.,,on iuyo,yea IN ,hs 's,
tho ooDs.,utloual.y of the isw-was fully argued and
rcport thereof published in the HxaALo This ,,n,,v
a., g.. .....-.a . a...,., \. A.. "e
"" oou" '0uoeioa ue'S''u '"e "a"er' reversing
the judgments OF the lower court on the ground that the
law was unconstitutional Tho OPINION OF the Court
''"1e''1 W '""so A"e'""."' WV 49, ~ ''o"S'-
This proceeding Is brought 70 te the validity OF the
act OF the legislature passed at tho last session. to create
metropolitan fire district and establish IRE depart
ment The brst section provides Tor uniting the cities
Of brooklyn and New York in metropolitan IRE dis
Tict The twenty third section provides for report TO
the Legislature by the Commissioners and they are TO
state what further legislation may be necessary Tor the
better protection OF New York and Brooklyn against re
in BROOKLYN 70 report annually 70 the Commissioners on
means by which either city receive assistance from
the other n case Of fires which require greater force
which, in either case, to be paid by the city recev
ing aid All the rest of the act embraces and relates
exclusively TO the cty OF New York II confers no
power TO exercise any authority In Brooklyn IL gives no
control over the fremen engines or engine houses OF
BROOKLYN and in no manner nercres with the Fire De-
partment in that city but leaves independent OF tho
Commissioners as was before the act passed whe
on the other band places the entire department In the
city Of New York with all its engines engine houses and
apparatus and the power Of appointing the whole body
OF the nremen and ofcors connected with the depart
ment, under the control OF the Commissioner 1t gives
10 the commissioners power To dispose oil and sell any
portion OF the real estate and apparatus at their pleasure
and to pay the proceeds into the treasury and lastly
ing b., tax a sum OF money sufficient 70
pay an tne expenses OF the aepartnent IN "a,
the City Of New York is to pay such moneys
70 the state treasurer ior tne Comin'ss SION
70 oe dsouIsea oy mem AZ ino'r pleasure ana un'l ,ne
TAX Is Ialseo tne OompLoher - 70 oorrow 'ne SUMS
necessary tnereior; NO one can hesitate ioI moment
IN examining tins law IN the conclusion that law
Of New York exclusively were i not for the provision
IN the hrst section when establishes metropolitan as
respects il leaves Brooklyn unaffected BY its provisions
II coniers no authority over the department OF brookyn
imposes no LIABILITY gives no control, ana ina, Guy
Tore that the law cannot oe considered as being any
other than local law, intended solely to affect and
York-and as coming within the class referred
70 by Judge DEMO, In The PEOPLE vs. Draper
10 New York Reports, 532l when nc says:-'H
the provisions Of the statute had been limited
terrtoray to the city OF New York. would be In con-
nlct with me section OF the constitution so often reer
police and the expenses or tho establishment were
chargeabe upon the other counties as well as upon tho
city OF New York. and for those reasons II was consd
cred embracing larger district than tho city and
county OF New York. and that 1t thereby taken out
Of the provisions of the constitution before referred to.
The other ground which the law Is sought be up
held Ia that these Offices were unknown the adoption
Of the constitution and therefore Offices created by
law after the constitution was formed, and may be ap-
pointed In such manner the Legislature may direct
In tho examination have been able 70 give this statute
have been unable to discover any power authority
vested in these Commissioners regard TO the Fire De-
partment Of New York which has not been Tor long
period Of years executed by one or more do
partments Of the city government, and I do
not think the separation Of the duties Of an
oficer into two Offices or tho aggrcga-
ton Of the duties Of several o1ces into one, and
comforting those duties the same person can relieve
the case from tho prohibition OF the constitution This
WAS so held In regard to the division OF an Office In War
ner v. The People q DEMO, 272), where was said by
Judge Bronson "f tho oace may be divided and the