The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12

i ruCn legislation void. 90 not tulnk ~ Dy any means
clear that such act can properly be declared local
act. Even If il should be held 90 be local far
laes to the Tax law the other portions would not be-
and II might be serious question, which should be
reecedthe portion claimed TO be local that which
conceded belong to general legislation Since the
decision referred to above made the case Of The
People va Hills Court OF Appeals, December Term,
has been decided, In which Davies, G. j., described
the meaning Of the term local, as applied to an act
| OF the Legislature IN the constitution. He says
"Burrill defines the word local relating TO place,
belonging confined TO particular place. distn-
guished from general, personal or tansitoryn lhis
act then under consideration is purely local in its APP
pication. II has force beyond particular city
county, and is therefore confined 70 particular locality
IL is not general and has application except to the
Common Council OF particular city. assume that the
act under consideration was local, within the meaning
and intent Of the constitutional inhibition Applying
this description definition Of local act to the portion
OF the under consideration containing Tax law,
1t would warrant the conclusion that it was local. and
80 might be improper TO place in II any other subject
than the one which It was the main object of the law 70
enact IL Is not however, necessary to place the de-
csion OF this case on this ground There other
propositions which made the validity OF this
section VIE: one that the Legislature could not dele
legislation; and second that the license fees being
pledged TO the sinking fund, the authority 70
repeal the laws granted TO them is void and cannot be
enforced These two objections both be considered
under the question whether the Legislature thus
delegate to the Police Board the power egislae TO
licenses and 10 amend and repeal corporation ordinances
The constitution provides that the Legislature may
confer upon the boards of supervisors powers Of local
legislation The granting of such power to the Legisa.
not otherwise give such power II they could not
give any such power 70 boards Of supervisors without
CONSTITUTIONAL provision am At loss TO see any al.
thority TO bestow such power q board created by
themselves and not recognized body In the consttu-
sara powers given 70 them are 70 sg'sa's ~ re-
49, was held that laws could only be enacted by the
legislative bodies to which the legislative power com
United by the constitution. see no good reason why
the Legislature should be allowed 70 commit 70 the
Board Of Police the power to egsate when they could
not submit TO the people the question whether
n
Of Rochester supra Ii Is said that municipal corpora
tons possess such powers delegated to them BY the
right municipal corporation, and authority confer
on them legislative powers for local purposes may
be found in the ninth section OF the eighth article
OF the constitution, which makes 1t the duty
OF the Legislature TO provide for the organization
Of cities and incorporated villages &c, &c. Bank
Il AZ such they Ssfa in sxisence when the e. consu
adopted and wers recognized and their charters
continued; Such recognition would confirm 70 New
York all the chartered powers and acth0ty possessed
at that time As to the right to repeal thee laws 30 far
they provided which has been pleased 70 the
sinking fund, there be doubt 70 the wSut OF
authority even in the Legislature The fist act app+o-
pratng the revenues of the city 70 the Of the
public debt was the act Of 1872, Oh. 90. That act
Of the interest and principal Of the debt then
created, and they to continue pledged until the
final redemption Of the stock. By the act of 1920 ch
lOl that pledge applied TO stock then to be raised
and by the various acts passed continued The
&c, Of 1855 cn ls the oOon water stock
~-
of the faith and revenues Of the city to the payment
OF that stock That debt is still in existence and unpaid
withdraw from that pledge any Of the revenues
heretofore appropriated thereto without a viola
ns Ss py s e %
revenues when received, reserved to the sinking
fund These objections only apply in part 70 the pro
s sss! Ds'; % ~ ossssS VIZ Is Sghs9
Y6jscronl slated show the improperly Of vossng In
bodies recognized by the constitution the 70
Iegisate ON such matters. cannot better conclude my
remarks these questions than by quoting the
sve Language Of an extrac, maze Dv cn.si Justice
maintain the constitution Is our first duty; and the
Legislature has for any cause encroached upon that
sacred instrument or an erroneous construction has
been given it. mperatively called upon 10 de-
clare is meaning and to assert s supremacy Nothing
can be more free institutions or to the
rights Of he people than 70 encourage doubtful inter
pretaons Of the constitution contrary 70 its more plain
natural import understood by the great body Of
its readersn will only add 70 this that attempts TO
defeat constitutional provisions by resortng
technical evasions should be equally resisted and rus
plaintiffs are entitled 70 the relief asked for.
JANIS C SIXTH, J.-rhe plaintiffs claim that the
twen q ,ns tSs
OF section two article ten, or the constitution Of this
State. which declares that All CITY. town and village
for by The constitution, shall be elected by the electors
Of such cities and villages, Of some division
thereof appointed by such authorities thereof the
Legislature shall designate for thai purpose The
ton or the act referred 10 commits TO the Board OF
Metropolitan Police all powers and duties conferred
by law upon the Mayor the Common Council,
tho Mayor and Common Council, and all other
boards and officers Of the city Of New York
Except the Metropolitan Board OF Heath), respect
10 the various subjects specified in the section and
also authorizes sucn Board Of Police 10 Alter amend
modify or repeal all ordinances Ia force Al the time Of
passage of the act concerning the persons occupations
or in said section mentioned It's unnecessary at
refer particularly 70 the subjects which the
ton enumerateS II II sufficient 70 say that they all
10 the government Of the city and matters OF police
The Board Of Metropolitan Police is composed OF the
Commissioners OF Metropolitan Police who officers
Of the Metropolitan Police District and appointed BY
the Governor, with the consent Of the Senate The dis
trict consists Of the counties OF New York, Kings West
chester Richmond, and certain towns in the county
Of Queens laws 1851, c. $50; 1880, c. 259) IL is
argued on the part Of the plaintiffs that The pro-
tertoraly 10 the city Of New York, and the duties
which they devolve upon the Board Of Metropolitan
Police arec duties exclusively. the section violates
The constitutional provision invoked by the plaintiffs
has the subject Of discussion and adjudication in
the Of Appeals The case Of the People Draper
05 n Y 532 presented the question OF the constitu.
tonay Of the act Of 1851 which created the Metro.
politan Police district with its Board or Police and
vested in the latter certain powers aud duties ia re-
spect to the police reputation of the Whole district
which had heretofore committed TO officers elected
by the several local constituencies within the district
was objected thai that the Of 1867 WAS OBJ
noxious to the tutonal provision under con-
man, of the court proceeded upon the ground that the
officers provided for by the bill were not county city
officers but they were officers OF the district thus organ
ized and the functions committed TO then were 70 DO
exercised throughout the district That the turning
point Of the Case Chief Judge DEMO, delivering the
opinion of the court said The superintcndents OF
police captains sergeants and patrolmen mentioned In
the bill officials Of the same character those here
tofore existing under somewhat different names; and II
appointed for the city Of New York. unconnected with
the other territory annexed 10 IL by the act they should
have been elected by the electors OF the city OF
division Of IL, or appointed by some autnouty Of the
city. The Police Commissioners, assuming that they
themselves constituonaly appointed, cannot be
regarded as authorities OF the city within the
meaning OF the constitution. Hence IL follows
that II the provisions OF the statute had been limited
terriiorially 70 the city Of New York IL would
have In conflict with the section Of the constitution
30 often referred TO-" (P 540) tits apparent from the
opinion tha the Of 1857 had limited the functions
OF the officers thereby created 70 the regulation Of the
police Of the city Of New York. IL would have been
declared unconstitutional. The views OF the Court Of
Appeals upon this point were again distinctly presented
in the case Of The People Pnckney f32 ~ Y, 377D
That involved the constiutonaty OF the act OF
1885, creating the Metropolitan Fire district The bill
united the cities OF New York and Brooklyn into
district 10 be the Metropolitan Fire District