New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-06-24

duties Officers they were In respec to their r'laons
TO the subordinate members Of the Fire Department..
and in the sense in Which that term il used ~ indicate
flat relation but never In the civil and public sense
10 which Is need in the tenth article VI the consttu
Con-"
Towhich We might add it would astonish the
public not less than tho +" lifetime fireman"
However, with abundance Of illustration and
argument, Mr.. Justice Davis very clearly es-
tablishes this point, and leaves but one other to
DO considered viz: whether the new act does
not violate the Constitution .or tho reason that
the Corporation Of he City Of Now-York were
authorized to appoint firemen and their officers
and that the act in question is therefore usur-
patton Of those powers. But the reply is
general.
The power cf Sc Legislature Of the State IA gu
premc that Of al local legislatures except when
The ons,ir,on inervencs to restrict IT, Inc coilo.
ration Of the city Is not officer within the meaning
If the tenth article TO diminish or restrict It's gen
eri Legislative administrative power IA Dcdy cor
purate is net to obrogote or charge public ONCE IN
the sense OF constitutional restriction The Legi-a'
turc NAV recall TO ii-o ard exercise at It's pleasure 80
much of the powers has Conferred upon tho city cot
pora.on not secured TO it by the Confi.ti'n-
And the opinion concludes:
"'It ia an unsound and, even absurd proposition.
SAY. Nelson j.. in opinion Of ssgnoi anIiiy. TINT
political power conferred by the Legislature ian become
a vested right as sgsnst tho Government IA IN ihdi,
vidual or body OF is rspugnan TO the genius oil
institutions md the spirit and meaning Of zoe Con
siiution for by that fundamental Law al political
rights not there defined ana taken Ont oil me exercise OF
legsn discretion intended to be leit subject
To- it, regulation. These ronarks are equally apphc
bic tho present Constitution. IL would De HbPcach
ing the good sense al tho Convention To assume TINT
by the arrangements Of The ,enth article relating 70
oea. officers and their appointment there was amy ae'
sign to keep or guard local powers IN tue hdbisusNe
bodies or legislatures Of municipal corporations such
An intent would not have been couoheC IN DUBIOUS
language nor left TO blind interference. Both on nn'
tbority and principle the power exists IN the LeysiA
ure 20 diminish regulate. or resume the powers has
conferred all municipal corporations. unless inter
board portion Of the administrative functions OF tho
Common Council ia not obnoxious to any prohibition
or naed ~ the second section Of the tenth
article Of the Constitution.
From these views II follows that the appointment
OF the dfieDdapts to TIE Office u metropolitan firs
Commissioners conetitutionaiy valid and taey are
entitled ~ judgment accordingly
| To the force of these reasonings We presume
even the counsel of the old Department will
Weld al unwilling assent. We need only re-
mark further upon them, that thcy reach IN
their scope far beyond tn, single question here
a. issue and tend to assure--and rightly to
assure-to tho Legislature supervisory and
remedial control over municipal Affairs, which
may hereafter be. rs in two instances 1t has
signslly bocn, used for tho general welfare.