The New York herald., 1865-06-23

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dor this aot Of the several matters mentioned in tn.
twenty section nor because he tsntv dfb secos
engineers 70 assss the u - Nsr YSr
aid and makes il the dutv OF he engineers 20 sand ths
desired assistance The making OF he REQUIRED report
the commissioners I'M gives them no more official power
would give ths SAcralsrv ~ S,s, h ,ha rsnort % was ~
qured TO be made 10 him or aed in his ONCE AS to the
AUTHORITY IN ask Tor han in time NJ need similar
given 70 each OF the chief engineers IN BROOKLYN and
lie dutv s ;,,nnsad or ~. dnrraant ~ Na. York
and the that can justly be said Of il Is that matter
mutual duty and each party ia authorized
ns.ropOs;an fire district 10 created Iy y, tho
under n sro mteS IN tSep antSortv and funoons q
ne cty 81 New YORK alone they are not
ever they may be called And in my Judgment thei!
.p"n m ,sasd ~ me % % mo a thss
court TO Uphold the and lar snoontments Of
the Metropolitan Police bill This leads to conside.
are na QUESTION ~ wnstnsr the omcss H,eea s
T,ncsnrs - - e' % " % sh. n sc,;c,s c rsrs not
a. ,s s,a y" ~ ~ ~ sense .nas osS ~ ~ nss;,ns"a
cc..naS ~ o N ~. sp" ~ -. a.. ~. sS." s.ss. - a
within The mesnr~ or tSsf term az nsed h. the second
sace;ar - ...,o, " Tn ns s e.ee~. III - .rS ssoa
COS - ss rssd q; Vh., acs,o~ haa ,s,I Soarad legal
srnncat,on Thav "s u~srs ~sa% 'rnSonhadv With refsr
cree 10 shas ,aani, na % Ios" ~, ~ o.si sansa
The sstns.. oS .h' S., " hJ S Tnead I ga cisssiasd
With crost rroc;..au ~ r,t,;. 40 ni,r ncca,s For
Che most part thew VIZ with ' tho a. exception Of town
oficero wara .-ranggaad u c,sss.. "a donom,rtad
Iecislative exacnt1s ;rSicaJ anS sdr,inistra-
tive n r q chan maze aA and the several
town ocarx 1yoro fos;gn.fsS ,vh ocmaI dst,rctness
Inon All thesa with Te cxcen,,ona ths corst;tmtion or
thn s tutas H. csod ~ h,,,, 2. az oo.h -.scrs,,sd
by the constitution, under The sanctions Of which the
1901 art a. n ITO ION e1S INT art,cia IN of the
CONSTITUTIONS itself does not leave us in anv doubt ss to
the sense in which tbess words we're used The third
scction declares that tha draon oT oa1ce II
not provided Nv this CONSTITUTION n NAV ha declared
bv law y So - '. ~' ' w
aha m the time q &c sseng al ocsrs named In 'h'
See the Iesislatare shall provide for filing vacan.
shall hold. BY virtue Of his appointment All vacancy,
Iss the the, ns II
vaesnsy .-' 49, A''a' ''''''' .'''' '1' AA''s '-
az Of JsRn;1 %Ha; x. ,...:,n..
snn % @ NJ
ocer and es Ws useS Strict ac Conventional
g those wnch wsr: ,s and the
Statutes Of the State A'' " 'A' anu
The Ms.ropo.sa Net Fire Commissioners created sy tho
and very general powers within their local jurisdiction
The act has gathered into their grasp variety Of func
snS ae ss a s
thrown around their powers the sanctions Of public and
civil ONCE New Officers are therefore, unquestonsby
has NOT as ho.n rsn,sd ~ n "e .Sa M now
dlrec, tho msnDer in which il should be nled. The
% 9ss in in % been used
t1 IS da u " Ss ssT
imagine duties or functions Of public interest," that have
mot form been exercised T T class of exist
IN scase that they were not exercised By pubic civil
,s ct % The The
expressed IN the following sections of the act to raise
sso Said oomm,ss,on.r. - ON b.0r o0.s,a .,.,
one Of said 10 be presden and sprontns
person be secretary Whereupon they shall possess and
have all the power and authority copferred osessd
New R oI % and an m ih n o S S 20 M h a. me s'T h 9,
otbsr anS v,iss dr ssa s r ~nH s@en @
conferred Three of said commssioners shall consnte
drc. for the ransaoton of business but the surviving
members may at any Time, fill vacancy provided In the
second section Of this act.
Snc me d say M y nnSfeoy
excusyeiy ali the pSwers and 70 pcrorm ali be duties for
the goyernment maintenance and direction of
he Fire Department the city New York. the premises
and properly thereof which s the time Of the
q the and ooer: q The Frs Department Of .sa
duties to be exercised snd performed and said
used In the said city or otherws provided
And the said department shall hereafter have sole AMI
% p9ws S n sc.s ~ Son anv % onr 40 occr sd
oGcers power in relation TO she Of Ares
In said city are hereby repealed
SEc The Board Of Commissioners shall have fun power
70 proyde IN anS io Tue cy ., NSw saRpHs %
rsJ IN tSs of Gresi and are elerrsphs to
rrovds FOR the and to buy se}
struct repair end have the care came any
and all schacon IN the premises az may be reasonably no
ceasary and proper
sx0 INC departmens m nereoy creassa y i1 n1ere9y EN- en-
liz" nower and discretion for The Soyernmsn
and direction Of the several buildings and
premises property and nppuenances thereto and all
apparatus hose implements and toos OF any and an kinds
which 2! the .ne Oh tne apponmet o. .ns III
AZ % oo % cers % Of 1 tS Ere ben,msnt IN ss3 cty for
The use and ensGt OF the Fire Department OF the city Of
New YORK And shall be the duty Of all and on
In possession OF property real or belong
Ing 70 Or set apsIt or or IN use Dy or oT Tue rre
men, o. sa S S'.y M ~ ,sn 1o % FSs ~
'"A'' ~ '
The first inquiry then is, were tho nre department Of
the city of New York and the officers thoreof whose
;stence and functions, far they relate 10 public u
tcrests swallowed up In the Metropolitan Fire De-
partment officers when the constitution OF lS46
adopted, within tho meaning OF article ten Of that in
srument No general statute has been brought to our
notice aud none has fallen under our observation by
which the fire department or its officers called
recognized public or civil officers It necessary,
therefore, examine the history OF the department TO
ascertain whether in fact or law II is entitled to claim