The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-24
eluWoEalxe LEGISLATION.

was che Act Of the Legislature Of 1S00 Ex.
tending the Tcrm 81 the Present Incunbens
Of the Eighth judicial District Of This City
70 IN. spuroR OF TEE HERALD.
The Board of Aldermen Of the city Of New Ysrk hav-
ing requested the Counsel 70 the Corpoanen 70 give hi
opinion upon the consuiiorality Of the Get Of the
Legislature by which the term Of once Of the Justice Of
The Eighth judicial district in this city extsndsd
from January l. 1867 70 January 1870. that cfcsr has
replied that eaid act 10 unconsttuona though he
candidy admits that he il rse 70 confess that he bad
not arrived u such CONCLUSION without much doubt and
h0gtAtion.n
propose 70 submit. some considerations for the pur-
pose OF showing that act OF the Legislature 10 un
constitutional beyond any reasonable question. Section
eighteen Of article SIX Of the constitution 10 In these
ali sucn judicial ocsrs Is may BE- created therein y Law
shall Do elected q such time and IN such manner y Inc
/. Is clear from the sbove language, a employed in
the constitution, that said judicial oceEs only hold
their Offices by the election Of the people, and that
ner appontivs All the incdsnts Of an slscon nusl BE-
supposed 70 exist--such a. the time when The
term o. the once !" begin 49,. When 49,, =
which the escsors presumed 10 vote, wen upon
the personal question Of the candidate himself All
Is all unreasonable 70 infer that his ballot 10
controlled by them. In the IN question, the pro-
sent Ss 81 the Gc s.d y me me asn s d
s powers and perquissss for the period Of sx years
and longer The people Of the district 40 understood
IL he 20 understood T. the existing statute declared
and without shy condition proviso annexed there.
TO- Before SAID term Of az yean fully expire, the
six years. thus making he oce an AppOinve one for
the period elspsns between the end Of the elective term
and the termination OF The extended term
is this anything more less than an assumption by
The Legislature Of tho power % elect judicial officers Of
the cities and villages OF The State Il be nothing
warrant in tne conMusion Tor such an act II this
power exists IN the Lseslatare q ali can only b
derived from the above section Of shs consultation No
other secliOn that inslrument hes any poeeble
Tue practical and dangerous effect Of such assumption
own ofcsrs in he only mode dsssnsisd By The organic
law, and 70 transfer the power 70 another authority
practically making the consultation subssrviens 70
II the Lss,sasare hes the power 70 extend the term
for three year, Why has not the power 70 extend y
arDsrsry Win that bosy 70 make The ONO. elective fr
such term ~ y ross o. why can . mot give the people
s =: Z e. .ss. y :: Is: s:: .s
authority certainly ssiss Any susso!.y s.iss q all
such cssss into hi,s len o. more shsn form or farce
me theory Of the pressus consttuuon We 70 remove
S% S &. sss "a. . q Il! s Sssss
all such obccs elective 10 nght and emf
Dsn,iy poio ihas ihs legislative .sd Judicial
a. far separate ~ possible and thss neither should have
control over or depsudsncs upon the other The public
safety anu bm ngnU uemano snon musue tnusPonoSncr
% fsr ~ i can b made result and u was in shis
that the above clause with otheD equally sugess
tive engrAfted, after much rsnection and discus
sion, into the present constitution o. the State.
Life tenuFos upon judicial ofnces have always been
repugnant TO tho popular mind Of Me state 10 not
last Legislature az carried 70 iis consequences By the
extended term enscsed By that acs 70 legal what can
prevent further extension when the present extension
10 about 10 cxplre2 What prevent ts renewal still
asainf Nothing, u the present assumption Of the
The quotation from The opinion Of Judge Seldom in
the People VS. Bachelor IA N. Y. Reps, p 137 that
wha, the Legislature may do II may undo unless pro
hiosed by the constitution, has NO applicability 70 this
question, and was not in:snded 70 have. ma clear
inference from the opnon Of that learned Judge that
the Legislature might shorten term which u may have
Ueated, but NOT add 10 IL
II any addition al all DO made to the length Of shs
term OF Judicial ocer Of The CITY, m Legislative power
restricted 70 the enactment OF Law which shall de-
clare what such additional time shall be- but the ncum
elected By the people,
Auy Views other those which have teen suggested
~ this communication are believed TO be- 81 variance
with The constitution Of this State and tranHers from shs
people important and vital power and privileges which
have been wisely and for saiu,sry purposes eposed
them II vas never intended by cautious and learned
body who framed the present constitution that the egs
asvs branch should have right assume the power TO
place within s exclusive control the appointment OF the
large and important body o. judicial ocers who admin.
lagos Of this state when the electors elect judicial or
Ger ,hey are enscd know for what dennite time ne
10 be chosen and " was Intended that because
they ~ 70 place citzen 10 once FOE specific
named In statute that this BE- construed by body
Of TRANSIENT legislators chosen for but rose ye1
ueA In ercs indefinitely. Very respectfully, &C,
" HILL BOWLER No 40 broaaway.