New-York tribune., 1867-05-27
CIVIL COUR1S.


Justices iNCRAHAn. LEONARD. and MILLER
THE IrcyNsING or CARMEN, &C-THE CITY ys. THE
POLICE CoMsHssIONEI;s-nIE TAX LEVY or lo0''
Inc ''OP and others Commissioners Of ofPOIoc
The county tax levy passed in April last included
exercise ali tho powers aud perform all tho duties of tho
Mayor and Common Council In respect TO heaiers
Of cmlgrant boarding houses, pawnbrokers hackney
coaches &c &c This act also provides that the ordil
in relation to these matters shall remain III iu
force until altered by thcBoard OF Police. ana gives the
board power TO alter, amend modify or repeal them
case was made up to test the conStutOnaly0 OF
this act and was argued In part Saturday Mr. Field
on behalf OF the city, claimed that the right OF local self
government was one of the most firmly estab
witS iS" modern cVlIzatio", and that this was
direct attack on them For over po yo..ri9 i tllo
persons engaged In various trades and carried
within IT, The act in question IS entitled " An ASI 70
enable the Board OF Supervisors OF the county OF new
York to raise money by tax for certain county purposes
to extend the powers OF tho motropotan IonGe ana 70
provide for the auditing and payment OF unsettled claims
AGAINST said county" This act first directs the raising OF
provisions similar to those whch nave Dec & in
serted into the county tax levy IL theh passes 10 inc
Metropolitan Police, and among Others has the l2th sec
ton above stated He did not know whether e COurI
would take notice OF such public history rs would alone
explain the passage of the act but read from I'M lk
SE and World extracts TO show the way in which IL had
been crowded through the Legislature. Whether under
mt shs oro OF TH' the T%Ssaiurc. Such cg
lation as this should be upheld was the question now
before the Court The points taken by him wcre hr,
that the section cOntmvcncs the fundamental maxim O
system Of government, which for0lds legislative ana
executive functions 10 be conferred upon the same person
The Board Of Metropolitan Police branch OF The LNecu
tive Department nre arm to 5trdke - at one % Do1nd @
section has constitutional vitality, the Police make the
Consttntlon of New York unlike Constitutions OF
eral States contains no express declaration uat the d
erent departments of power must bc kept distinct yet
the Observance OF that maxim is implied In the ith
number OF the Federalist, Nh Madison referring to our
Constitution OF 777 says the Constitution OF NewlOk
contains declaration this subject but appears very
clearly been framed with eye TO the danger inn
properly blending the different dcpaitme Ihe Corstt
uous and 1916 s stronger tO she same eiect
Bcsides the Legislature had no power to confer IT'S
powers even Of local legislation on any but the legislative
bodies recognized by the Constitution supervisors OF
section Is also unconstitutional ana No' because ~ cor
that part of the 10th section OF the INST article
state from passing any law mpalng the blgation OF
contracts" No nconsidenbc portion Of tho license fees
pledged by the concurrent action OF the iesl,atuie
and The Common Council the sinking Fund for the re-
dempton " the CroonWaer dehi and other debts OF the
city The city has borrowed largo;anount Of money on
the fat Of THIS pledge ana tho dcD, Is sun uP INC
eject OF the act IN question Is 10 take tle iuhd rom th9
place in other hands without the consent OF the city or
its creditors. This is to impair the obligation oi the
1hc 18th section Of the act In question Is uncottuona
nnd void because cohtrleheS nc Ion @ Sl ~
yatc local bil which may be passed ~ the Iegisla
tnrc shall embrace more than one subject and that shall
| be- expressed IN the title" This local bill. II en-.
bracDd more than one subject. The legislature hhd
intended 10 embrace moro than one subject II the state
Of the manner in which THE 9 wac passed were
st.iuton was ihtcndedto prevent Ihat hccl9h was III
tended to prevent the bargaining for Yntr and yet here
II
had been forced through part Of The Committee VINO re
ported H. large part O The Legislature being ignorant
~ IT, Fourth The section In question unconstitutional
ana VOID because conraVencs me ~ section oi he l0h
article OF the Constitution Of this state. which declares
that city officers SHAH lee elected by The citizens, or ap
lliut'd iy INC ,ly au'hoie+ INC uutt'' Wl.ch tl'
18th section Of the Icw no deyoivcs upon the Police Com
statute book s u or laws co-TiLng the control OF the
city over such suJocts or gyhs such control Ihe Con
sttution of 1870 was framed and adopted with this
! course of legislation u view.
Mr. LOWS b. Woodruff on the part Of the Police Com.
hy This seciou from the Mayor 10 Police though
efrsed by the city. not u any sense franchise or
tn6 Them Tor their own benefit, but for genera.
good, directly Of course FOR the good oi ne citizens bat
not Indirectly Tor the good Of the whole community
what the Legislature had delegated, 10 could reclaim and
confer on others Tor the same object A. to The point That
the Legislature had assigned these franchises for tie
henct Of the public creditors hc argued that settled
thnf the legislature cannot make contract which would
prevent, control, cmbarass ne exercise Of their egs
welfare and good government of Tic state and It's nab
tants and fojtiori no such contract can bee implied
These sections are not local. thcy relate 10 tho atye
authority such of the subjects which the power
Of legislation has been conferred upon The ,y hcd by
the city publctrlst To ho exercised for the public
benefit They 10 operate upon al persons, who come
within the range Of their Influence whether residents Of
the City aud county ot New YORK or not The STATE mas
the right and Is bound as duty 20 preserve the public
order IN cyery part OF mo snieto protect al perons
within the limits OF the state ~ ihcir persons ana proper
IT, and laws made FOR these objects. and which inue 10
the benefit o all who within their operation, in
/ their nature general lho mere i2ct that law ~
| To operate within portion oi me st9te does MOI
make inc law local Mhtl IiN'll - Iht'i'Nt'
IN III execution aud All The people OF the State are or
may he irrespective of their place or residence, inter
csed n or protected by ~ Beside u has been hVd tat
"bl TO regulate the government Of city, containing
large portion of the population Of Tie state, and author
2ing the exercise Of powers OF legislation, which without
IL would belong to the Legislature, - not local bill f
the sections local the subject beng expressed IN
tie title, their connection with hill which Is general
does not nyalate item nor form ground OF Objection
l. case Vet undecided.
Alien ~ Field for Inc City; Woodruff Fandelpool for
| the Police Courts
! Cn4MBrRs- Before Justice SUTHERLAND.
/ gIsI
| Tie Common Council having neglected 10 pass an
ordinance providing for the ise "i stock Tor The building
OF market In tie Eighteenth Ward, US provided NY tho
1885, and having neglected 90 obey the orders oi
the Supreme Court 10 the same effect Mr. G. Bralnerd,
counsel for fhc Market Courts has procured order
against ttc Aldermen and CouBCilmcn That they show
cause why thoy shall not be punished for contempt.