The New York herald., 1865-06-22

ALBANY, June II, 1862
In the nre department cases. The People Pinckney
and Others tho judgment Of the general term was re-
versed and the judgment Of the special affirmed
with costa.
The People vs Booth and others Judgment reversed
and judgment that the complaint be dismissed with
costs.
The opinion is written by Judge Davis and concured
in by all the judges except Judge Brown who has writ
ten a dissenting opinion
The Press Despacth.
ALBANY, June q, 1865
The Court of Appeals rendered decision this morning.
sustaining the consttuopaty of the Metropolitan Fire
District bill.
II will be remembered that the bill only nominally
takes In Brooklyn On this ground its constuonality
was disputed 1t being claimed that metropolitan dis
trict had been created.
The Supreme Court sustained this view. An appeal
taken and will be IL has resulted in rever
sal of the decision Of the court below and in the esab
lishment Of the constitutionay Of the law. This de-
cison abolishes the volunteer department In New
York The Brooklyn department is, for the present.
disturbed
Reception OF the News in the City-Meet-
ing OF the Com mnaissioners.
The of the inauguration in this city Of paid fire
department will be long remembered as marking one Of
the important changes in Of the departments
Of the municipal machinery which has ever been re-
corded the history OF New York II is to be hoped
that may bring many and great blessings as did
the transformation witnessed years ago when the days
of pals aud buckets long lines of water carriers and
immense connagratons were happily merged into those
Of the hand engines and later the steam fire apparatus
and the consequent dminuon in the value OF life and
property destroyed But this ID dependent entirely
unop action of that
Of the new Commissioners 1t is supposed that the
former will submit quietly and respectfully to the mandate
Of the law their machines heretofore faithfully
and promptly should they be called out, as long as
needed and thus retain the respect and regard OF the
people and that the latter will quickly reorganze their
forces orng them into stale Of complete order and dis
cipine add such mechanical and other improvements
they may nnd necessary and in the end render the
New York Fire Department more celebrated than ever
for its efficiency and general department
The nrcmen Of the city not greatly surprised at
the of tho Court Of Appeals and when the
graphic announcement was made yesterday morning
that the Fire had been decided constitutional and
the Fire Commissioners sustained, there little
excitement Mt the different engine houses 10 celebrate
the event There some who hoped for n different
decision, but they were men who had served too long
and too honorahy in the noble ranks of the volunteer
force 10 object 70 any movement which supposed by
the majority to be for the best interests OF the city, and
they ut acquesced and volunteered their aid 70 the
ranged for permanent organization They deprecated
the end OF their pet volunteer system but then hoped
might die for tho coun,ry's good, and shed no
proper, and Just what every fireman and other
resident should do They should also in, and with
might and main give efficient and earnest support
the Fire Commiss' oners in their efforts TO establish
Fire Department 10 frooct the lives and property OF
citizens The record of the New York rcmen is bright
and noble in many respects and IL Is 10 be hoped
that in tho future nothing may be done 10 deract from
IL or dim its lustrc.
MEErrN0 or THE COMMISSIONERS.
As soon tho Commissioners heard Of the decision
of the Court Of Appeals which they had been expecting
for days, meeting for yesterday afternoon was
called at the rooms temporarily occupied by them on
Broadway and tho arrangements perfected for at once
entering upon their duties accordance with the law
on the subject Arrangements were made to obtain The
control o. nil the apparatus and property OF the depart
ment without delay plan of action was consnnmatcd
and other important matters fully discussed One sub
ect which consumed much OF their session that OF
the preparation and publication OF circular addressed 10
the iremcn OF New York. rctng sections Of the law and
inviting applications from the active members Of the
present force service in the IL the desire OF
the Commission that the several engine hose and hook
and ladder companies in this city will continue 10 per
form duty as heretofore until further notice They will
probably comply After concluding the afternoon
sion the Hoard adjourned TO meet IN the evening nj tho
house Of Philip W. Engs, Esq, Fourteenth street
THE EVENING MEETING.
The Commissioners met at eight O'Clock, pursuant 10
adjournment at the house Of Philip W Engs Esq, ono
OF the commissioners and proceeded to draw up
the following circular addressed the fremen Of New
York.
To run FrRErEs or THE CRY OF Nrw YonK:-
The act entitled can act to create n metropolitan fire
district and establish fire department therein" having
bccn decided by thc court OF Appeals TO 10 cons'iIn
their duty 10 appriec you OF the fact and 10 declare
their purpose OF organizing, without unnecessary delay,
the Metropolitan Fire Department This ino.pent step
In official capacity s In advance OF al action
In order that your attention may be called 10 the follow
Ing extracts from the law under which VIC act:-
sHcror 6-The Metropolitan Fire Department is cmpow-
cred and directed to possess and exere fully and escu
p, & an Of s s ses ss or 1e
ment Of the city Of New York.
regularly &c ae ~ sTs.sas psas G' ,S sSa
. S e cnmd y cenne :" % @ paes " es
ali such member who shall fsthuily perform their duties
SH y ss Se psss snd ess csnS nSs
TONS 70 which exempt nremen are entitled by the laws Of
src. o-rmmeda.ely on the organization Of said DO.
New yS5t .a r,s ss uPds. The scntro .qa q
main hey disehsrged BY said spsncnt shall Be
entitled 70 all the pryege and Exemptions allowed by tho
iSs fs term = prsssrssS he ys q STATE p
sv rsso,iop saia s sna m @ rv np 5
them whenever they may deem proper.
The oct requires that in selecting the sppoinees for
the Metropolitan Fire Department. preference shall be
given those applicants who have served in the voun
teer department. and this provision will bo most cheer
iulIy tho bohru Dclng DOW rcay 10 re-
oeiye applications from such OF them a. may feel dis.
posed TO serve IN the new organ ization. G
The expressed determination Of many OF the officers
and members Of tho volunteer department continue
ther AID until the new department Is in operation dc.
mands from us an acknowledgment OF this manifestation
Of public spirit and regard for and order
fellow citizens that the changes which TO take
place viii be made In manner 70 public safety
The comms5ioners enter upon their duties with somc
practical knowledge Of the abors which
posed ON them, but encouraged their way by the
belief that the entire success which has attended tho
establishment OF paid fire departments In other cities
cannot fail 10 be realized here and that brother re
with whom II has been happiness 70 act IN tic
volunteer department, will In the end agree WIN that
the system about TO he introduced adapted the
bert interests of our fellow citizens.
In relation 20 the charity fund Of old vol ntror
department. IL will be botb duty and our pleasure 10
s1ekn w eyep means " our power and W piys