The New York herald., 1867-05-26

lows that IL the provisions Of the statute had been
limited terrtoriay 70 the city Of New York IL would
/ have been in conflict with the section Of the
constitutlon 60 often referred TO- The duty OF the
police force sought TO be organized and governed Aas
ihe public object Of the enactment II the appoint
meut OF This force in directed by the &c, ia
constitutionally impossible the whole scheme frus
trated II the public duties with which the act charges
emily with the constitution, their own appointment can
be upheld for public officers without the ability
perform public functions would be ab6urdity II the
case stopped here should be compelled 10 hold that
the Commissioners were not entitled to execute the on
cal functions which the previous laws committed TO the
Mayor Recorder and City Judgen The present case is
precisely within the language quoted Tho provisions or
the twelfth section are limited terroriay to the city OF
New York II it be valid there constitutional i'm
pediment vesting in the Board Of Metropolitan Police
the whole Of the city Of New York. and dis
pensng altogether with the Mayor Common Council and
every city official Of whatever station.
Tho Legislature cannot do indirectly what II cannot
do directly. II could not authorize the Governor and
senate to appoint four officers for the solo purpose Of
performing the functions specified in the twelfth section
OF this act For the same reason 1t could authorize
four officers already appointed by the Governor and
| Senate TO perform the same functions.
| ExJudge Woodruff, OF Counsel to the Police Com
mssioners then proceeded 70 argue their behalf
foowsThe grounds upon which it s ella med that the
Board Of Metropolitan Police should be restrained from
section of the scs Of April rs 1857 80 y far as thew
have come % the knowledge Of the Counsel
for the Board, = are that the act violates the
provisions OF the constitution of this State
and Of the United States Frsiy because II takes from
the city powers and privileges alleged be vested in
not Destroy secondly because the act Is violation OF
the constitution OF this State which provides that no
and that shall be expressed In the tite;" thirdly,
because the Legislature have power to confer upon
the Board Of Metropolitan Police any power 70 pass
ordnances and fourthy that such act Is an invasion
Of the pledge Of certain eence fees TO the sinking fund
The objection that the powers and privileges con-
taken from the municipal body proceeds upon one OF
Two propositions either that the transfer violates some
contract involved in the charter OF the city Of New
rela
authority to exercise these powers and privileges is
franchise which is IN its nature property and cannot be
objections have any just foundation. The powers and
duties devolved upon the Board of Metropolitan Police
laws and ordinances upon the Mayor, the Com
mon Council tho Mayor and Common Council
Board of Healthy Of the city OF New York in respect
to:-Theatres and places Of public amusement keepers
Of boarding houses for emgrant passengers junk shop
Keepers and junk boatmen, pawn brokers, dealers In
second hand arcles venders hawkers and pedlers in
tegence Offices, auctioneers hackney coaches and
rages and the owners and drivers thereof carts and
cartmen, cabs and cabmen, public porters and hand
cartmen, omnibuses and omnibus drivers, and
repeal all ordinances in relation thereto
The powers thus conferred include the regulation Of
the several occupations and persons designated and
the licensing thereof Without inquring at this place
into the origin Of the powers heretofore exercised by
the Mayor, Aldermen and Commonaty over these sub
jecs whether derived from charter from specific
legislative enactments the defendants insist that the
delegation Of powers such as these neither invested the
q
perty nor constituted q contract within the meaning
Of the constitutional inhibitions. They police,
or governmental powers delegated by the State
BILE al the pleasure Of the Legislature and always sub
ect 70 its control and direction. The power make
ordinances conferred upon municipal corporation s
more power Of legislation. That power is supreme in
the Legislature and though may delegate such power
TO municipality Tor certain purposes In its discretion,
for the public benefit the local Legislature is the mere
whenever In the JUDGMENT OF the Legislature the public
good requires it Nearly all the powers above mem
toned rest In the public statutes in exercise Of the gene
raj legislative authority Of the State and three only Of
the subjects mentioned in section IL are specifically
those three these statutes are as much subject to ates
s9 ssS s9s ~ s i'Fssf sssa ssss'y y ssss
upon supervisors school district officers or municipal
corporation is mere agency. comforting no vested
In The People Va Bachelor, % N. Y, 1t p lss. the
general proposition 10 distinctly stated by Mr. Justice
Selden in these tems"No one, think can doubt the
power Of the Legislature TO withdraw entirely or
postpone the exercise Of authority conferred by
itself alone on the Mayor and Aldermen. No provision
the question under consideration is to be determined
by the nature OF tho grant, And powers Of the de-
are found the original charter than when they are
conferred by general statutes The circumstance that
fees lawfully required for licenses does alter the
of the power create franchise which the
Legislature may not revoke at its pleasure.
In granting licenses the Mayor exercises delegated
In aid Of the general purpose TO provide for good
He has proprietary interest in his ONCE, In its
not make contract which would prevent control or
embarass the OF their legislative powers
government Of the State and it, nhabitants fortio
no such contract can be implied In delegation Of
United States in State Bank Of Ohio va Koup 1o How,
T. g. r. $50. and reaiirmed in Is How, 3Sl SSll do.
clare the principle in express terms:-"A municipal
corporation, in which 10 invested portion Of the
administration OF the government may be changed At
the will Of the Legislature
act not unconstitutional for want OF compliance
with the requirement OF article section 10 OF the
10 the legislative authority lover such Of the subjects as
to which the power Of legislation has been conferred
the cty held BY the city as public trust TO be
upon all persons who como within the range Of their
influence. whether residents Of the city and county Of
New York or mot. The State has tho right and
is bound as duty, to preserve the public order
in every part OF the State--to protect all per-
sons within the limits Of the state II their
these objects and which nure the benefit Of all who
come within their operation are IN their nature gen.
TO operate within portion Of the State does not make
the law local. when the State itself is Interested its
q their place Of residence interested in or
protected BY H. Besides has been held that bill to
rosn Is. Of n. ana
the exercise Of powers of Legislation, which without
would belong 70 the Isgslaturs. noe LEGAL bill"
sature for the purposes Of governments cannot
be called local The object OF The constitutional
provision section Q, article s. 70 prevent corrupt
combinations for the promotion OF private ends and In.
~ the expense Of the public, and IN sacrifice OF
disregard Of the interests Of the State u largo and the
misleading Of the Legislature BY conceaing the purposes
Of bill combining such projects under title which does
disclose IL such corrupt for private ends
ARE prevented by foroidding the introduction Of
two such subjects In BILL and the cye a the public
and Of the Lsgsaturs v informed Of shs dssan ~ the
insertion Of the subject Of the bill In IL ts Although
the word loca added 10 prvats," u h only 70 bills
Of like nature that the restriction applies and s just
meaning satisfied by consrung 70 embrace bills and
only bills which the Stale itself or the people Of the
State generally have interest," and whose provisions
be executed for the exclusive bensnt Of partc
ular locality.
And again n the sections OF the bill In question
could BE- considered local. yet the subject beng ex
pressed In the tc their connection with bill which IL
general and not local. does not nvadats them or form
ground Of objection The oct 70 authorize the Supervis
Of the county Of New York 20 raise money BY tax
not local BILL and provision for the auditing and pay