The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-28
HE c ouRT S.
SUPREME counT-sraEAaL TERI

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SUPREME counT-seHEAAL TERN.
The Question or the License Transfers Com
clusion Of the Argument the Test Case
Decision Reserved.
Before Judges Leonard, lngraham and Smith.
Yesterday morning, al the Supreme Court, General
Term the argument in the OF the People Of the
State Of New York. and John T Hoffman. Mayor Of the
city Of New York, va Thomas c. Acton and others,
Commissioners OF Metropolitan Police, &C. was re-
solely the purpose OF giving D. D. Field an
opportunity Of replying to the points OF ex-Judge H.
Woodruff.
Mr. Field argued that the first Of his opponents
points and many others upon subjects not neces-
sary involved this was cqntended that the
grant these powers the municipal authorities were
not vested rights. They In the nature OF powers
Of government granted q municipal corporation for
the purpose OF government alone and liable 10 be re-
called II the pleasure of the Legislature OF the
State His argument upon the peculiar provision
Of present State constitution and not upon any con-
utution that may have heretofore existed In this state
would upon the second section or the tenth article
Ths had meaning; and no sign'ncance could oe gwen
ss,s law were valid the state Legislature might dsvove
o the Surveyor the paving Of the streets OF Now
York There was no one power Of this municipal gov
eminent which any more pertinent or essential 70
nunicipal government than the powers which were By
SAis act taken from il and given to the Police Commits
vesS were judged that law which declared thai
these gentlemen should exercise all the powers in
. 81 cecsreS hat this law was BY
giving them another name could you give them other
lowers' The cases Of THE People Va Draper;
People W. Conover," s'The People va. Plnckney." and
.'rhe Excise Commissioners Va Barry, were again
lerred The had been decided simply the
point whether any body had constitutional right 70
deal In spiritu0us liquors. In the case Of The People
Va Draper was decided that the city town or county
IN fA0ialatufA NAV
must be created subsequent to the constitution,
and not the officer merely, and that 1t lie within the
thus organized whether the offices were created
before or since the constitution But the Police
Commissioners were not district onacers The above
only strengthened his position The Fire Depart
nent was department Of the city Of New York, and
the Offices they held city Offices They could not
be conferred BY the Legislature because they made
Offices since 1885, II they offices before 1916 they
ccnd not be elected BY the Legislature The licensing
lad always been official part or the duty OF the Mayor
Of the oily Of New York. Thomas C. Acton being
put in place Of John T. Hoffman to perform functions
gwen the latter by ancient lava
Judge smith-Could not any single power be trans
feed from the Mayor to any other officer Of the city
present constitution for instance, the Comptroller?
NJ. red-Yes. You cannot name public duty
can fs these duties ns By the third srtce section
seventeen Of the constitution, which says 1.-THE Legis
!ssure may confer upon boards Of supervisors Of
the several counties such further powers Of local
ADMINISTRATION and management q they may
from time 20 time preecrben The power Of
Liquidation therefore local In the Of De Camp
VI Eviard 10th Barbour, 81. II decided that the
Get Of the Legislature creating the county Of Schuy
ler even local BILL In the volume Of statutes in
the new edition Of the English ReporS which contained
The laws In 10th and Soh Of Victoria such act this
IVES classified 40 local one by the English Parliament
and Englsh law In these reports sAcs relating 70 the
DoYt and borough Of Liverpool" IAN act relating 70 the
DolCe Ia Glasgow" "An act to enable the Metropolitan
Beard Of Works 70 mako IMPROVEMENTS In The parish Of
b Mary &c, and IAN oct for the better local govern
mont Of the metropolis all classified local acts
although they affected millions Of people and covered in
their e6ects vast Of territory II these local
acts, not that LEGAL under cennldefx0nf All
% asked was that the 18th section OF this sct
b declared null and void. In the case Of
Dartlne ~ HimFod and Smith W Levinies before
~ Court Of Appeals the atter upheld the delegation Of
ne constitution exprsssy authorized IL. and the former
withheld Tie authority from the Legislature submit
- the vote OF NE people whether oct could take
e0ec The Legislature could not therefore, delegate
power which was not given expressly or by impca-
0B In reference the last section, the Of Curran
Va Bank, OF Arkansas and Hawthorne W.. Caef, were
cited The Astwo sections OF the act read foliows-
slt shall Be the special duty Of members Of the
Metropolitan Police force guard against any violation
Of the provisions Of this act" and 1.-THE Metropolitan
Police force Of The conny Of New York hereby charged
lax NOT collected, the Police Commissioners
esnd for ought be know police o1cer and arrest them
FOR violations Of the act and bring them before them
Judge Woodruff simply replied 70 the effect thai there
were no judicial powers conferred BY she act - re-
fesred the Court - ths case OF Coo VS.. Schultz
The case then lsubmitsed and decision reserved
The Court then adjourned.