The New York herald., 1865-06-23

THE FIRE DEPARTMENT.
settlement OF the Legal
Controversy.
.Ehe Court Of Appeals Decision 1s-
tsblishing the Legal status Of
the New Commission.
-~~>~~~-~~~~~-~~~~~~~~
"A Paid Organization for the
Metropolis.
Arrangements for the Transfer of
arrangements for the Transfer Of
the Department Property
to the New Board.
Their Preparations for the Commence
ment Of Operations,
&c. &C.. &c

ment Of Operations,
60, &c, &c.
We present below the decision Of the Court of Appeals
In the case Of the New York city Fire Department,
which was rendered on Wednesday, June 2l:--
Court OF Appeals.
The People Of the Sate Of Neso York. Respondsmts o.,
Charles G. Pincknsy, James W. Bo,h Martin B. Brou.,.
eand Philip W. Engs Appellants in the nature
OF o ssaunto brought to test the title of the defend
ants TO the oce Of Metropolitan Fire Commissioners to
which office they were appointed by tho Governor by
and with the advice and consent Of tho Senate under
the act entitled ian act to create Metropolitan fire dis
trct and establish Fire Department therein passed
March 80, 1865
The complaint alleges that at the time Of the passage
OF the act referred to the Fe Department of the city Of
New York" was and still is q body corporate by and
under the laws Of the State and that the Offices of pres
dcn vice president secretary, treasurer representa-
tves Ere commissioners commissioners of appeal chief
sensaeer and assistant engineers, with other Offices "
woe and still arc oces thereof and public Offices
that tho Office Of President of tho Firo Department
and is held by John Patt and that the office Of Chief
Engineer thereof and Is held by John Decker and
that the remainder Of the Offices of the Fire Department
were and still are exercised each by persons respectively
holding the same
The said complaint then alleges that the defendants
without legal warrant had usurpcd intruded into and
unlawfuy held and exercised the said offices as Metro
polan Fire Commissioners under the said act and prJ
judgment OF custer.
The admits tho existence of the Fire Depart.
snen oil the city Of New York at the time of the passage
OF this act rs body corporate and that the Offices
stoned were offices therein and held by the
Thc aeres the % e He S
ponment under the act and that they have taken the
oath OF office as Metropolitan Firo Commissioners and
entered upon the duties Of said Office and entitled to
bold the same, and denies the other allegations.
Upon the trial before Judge Foster the defendants
proved their appointment and that they had taken the
oath of oce and entered upon their duties as alleged
and these facts being found as alleged judgment passed
Scr tho defendants
Upon appeal to the general term of the Supreme
Court this Judgment was reversed and Judgment abso
lutte given &c: The plaintiffs with COSTS The defendants
Waldo Hutchins, W. F. Alien, for the appellants.
John cochrane, Attorney General, W. NJ. Evarts for
che respondents.
DAVIS j. The appeal in this case brings to this Court
FOR consideration the question OF the constitutional
idity OF the act of tho Legislature entitled can act
create metropolitan fire district and establish
partment therein " passed March 30 1895 Other ques-
tons Of minor Importance and technical in their charac
ter are presented but tn, gravity Of the principal
trovesy should prevent their having any weight In the
decision OF the The constitutional questions
che Of this adopted n 1876 That
section Is In these words-"Al county Officers whose
election or appointmen. i no; provided for BY this
spsove countless appointed by the board Of superv
ors or other county authorities, the legislature shall
direct All city, town and village officers whose election
appointment is not provided for by this constitution
shall be elected by the electors Of such cities oS
villages Of some division thereof, ap oined by
such authorities thereof tho legislature shall designate
for that purpose. AL other officers whose election a
Pontoept is not provided for by this constitution and
a officers whose Offices shall hereafter be created by law
as the Legislature may direct" This section
structon by this Court in The People vs. Draper us NJ
", 532) whore 1t received In the leading opinion
S Rs that tho and
intended In the first two sentences Of the section are
those nsuted and existing under actual laws of the
Sate at tie time OF the adoption OF the constitution
and that those embraced in the last clause ''a of
Gers Of every description both local and general whose
zoe perceived said DEMO- j. shat four classes Of of-
referred to in the section-Frst, those whose
election or appointment provided for by the consti
sutton; these named only to bo excluded from the
d rection given Sccond-Existing local officers, the
then present county city, town and village officers these
chosen by constituencies in their respective
localities Thrd-AIl existing Offices whose election,
Sc is not provided for by this constitution, and who
ans eyeTy both
and general, whose Offices thereafter created by
law The two last classes thrown into one and the
Legislature Is left free to provide for their election or
appointment as It shall think most suitable. The
People Draper settles also two other propositions,
upon the application Of which to this its determina
ton depends Frst-That the city, town county ONCE
TO which the legislature may direct the appointments
under the fourth clause must be created subsequent to
the constitutions and not the ocer merely; in other
words that cit not eough to take the case out OF the
provisions of this section that the names OF Offices ex
changed by act Of the legislature that their func
tous coloraby modified" Sccond--That 1t Is within
the constitutional power OF the legislature to create
civil divisions or districts OF the State, for general
and permanent purposes OF civil government which
recognize and do not abolish the established divisions
into countless towns and ccs and TO appoint officers OF
the district thus organized whether the Offices whose
functions thcy TO discharge were created before or
since the constitution With these landmarks 10 guide
approach the consd ration OF tho before US
1t presents two Observation-Disclosures the COM
missioncrs whose appointment is directed by the
of vis or
the State within the meaning OF the rule laid
down by this Court in the People VS. Draporf
Second-If not such officers the Offices 10 which they
appointed newly creaioi ehcr In respect " their
general substantial functions because those func
tions not previously discharged by persons who
wore public officers when tho constitution adopted,
within the meaning OF that instrument Under the first
of these propositions Is manifest that the officer TO DO
appointed TO bc within the power reserved TO the legis
laure be officer OF the now district or division,
and mcrsy local in the scope and performance Of his
duties and functions and therein superscdng some exist
ing local officer Ho must be district officer In the
OF his functions and authority and not merely In
narne with no powers duties beyond previously or
for the Legislature 10 create new civil division OF the
State and abrogaehe local oces OF the several ceun
by the Governor and Senate OF other officers limited
70 perform the same local functions only al
though distinguished by and more extended titles
II that were the central power could draw 10 itself
appointment OF all local officers not expressly provided
fal, In order to justify their appoinunent by the
Governor and Senate, on this ground, that the
defendants should be, under the act, officers OF
civil division or district Of the State created for
permanent purposes Of government in substance and
fact as we'll In BY the first section OF the act
Consideration tho cities OF New York and Brooklyn
are ounited into district to be known the Metro.
poltan Fire District Of the State OF New York; The
second section directs the Governor, by and with the
consent OF the Senate to appoint four citizens residents
of said district TO be metropolitan Fire Commissioner
which Office declared to be thereby created with the du
tles and powers In the act contained and imposed,
who shall form a metropolitan Fire Department
The commissioner having qualified as prescribed by th
third section Of tho act are directed by section four
meet aud organize the Metropolitan Fire Department b,
seectng Of their number to be their president an'
appointing person TO be secretary The functions ant
duties of the Metropolitan Fire Department thus created
are In all respects erroray loca, and confined TO h
city OF New York II Is in vain TO search the act Tor an
authority given to the department beyond the limits
that city, and the city of Brooklyn Is as much outsd
of their control and authority as any other city OF
State To the body board thus created no power what
ulic exercise. to tn