The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
Tho City Licensing Power-Its Transfer 10
the Metropolitan Police CommisstoDers De-
ryuraA IrnrNustsfmffou0I.

Tho City Licensing Power-Its Transfer 10
the Metropolitan Police Commissioners De-
clared Unconstitationai.
The Legislature at its last session, by SEQ
ton inserted in the Tax Levy for the city Of
New York, transferred all the licensing power
heretofore exercised by the Mayor and Com
mon Council to the Board of Metropolitan
Police Commissioners, giving to the said Board
the authority to amend, modify, alter or repeal
the ordinances relating to such licenses. Tho
Mayor and Common Council resisted tho
enforcement Of this law, and q case was agreed
upon, without action, to test its validity. Yes
terday the Supreme Court, at General Term.
rendered unanimous decision in favor Of tho
municipal authorities, declaring the section in
question to be null and void, and restraining
the Police Commissioners from exercising any
Of the powers and duties sought TO be trans
ferred to them thereby.
We publish in to-day's HERALD the opinions
Of Judges Ingraham and Smith in this tmpor-
tant case. It will be seen that the law is pro-
nounced in conflict with the constitution on
several points, the main ones being that 1t vests
in officers appointed under the authority Of the
State the power to discharge duties, mako
regulations and pass laws relating strictly 70
the local affairs Of the city, and that it dele
gates to the Board Of Metropolitan Police, ore3
ated by the Legislature, the power Of legisla-
ton. At the same time the Court maintains
the authority of the Legislature to transfer tho
licensing power from the Mayor and Common
Council to any other local officers or boards.
but not to officers appointed under authority
Of the State.
We believe this judgment viii meet the
approval Of the people. The law thus set aside
was passed in an exceptional manner. Il
was not asked for by the citizens; it was not
embodied in q separate bill, discussed by the
Legislature, and submitted to the criticisms a
the press and the test of the popular voice.
In the last hour Of the session 1t was secretly
tackled on to the City Tax Levy, and passed
without the knowledge Of any except the few
who were in the secret OF the trick. Such legis-
lative legerdemain is dangerous and disreputa-
BILE, and is seldom resorted to, except when
corrupt or Objectionable measures are sought
to be forced upon the people. The Metropoli-
tan Police Commissioners already have enough
business on their hands; and If they will de-
vote their time and their energies TO the pro-
lection of the lives and property of the citizens,
the preservation of the peace and good order
of the city, the enforcement Of the laws and the
speedy detection and punishment Of crime,
they will win credit enough and give general
satisfaction.
The statement is made that the Police Com
missioners intend to carry the case up to the
Court of Appeals 1t is to be hoped that they
will do no such thing. The money sQuandered
in this useless litigation, on both sides, comes
out Of the pockets of the taxpayers. No
person cares one straw whether the profits and
patronage of the license laws are enjoyed by
the municipal authorities or by the Police
Commissioners, and it is an outrage that the
peoples money should be squandered in these
unseemly scrambles between the Corporation
and the Commissioners. The points upon
which the present law has been pronounced
unconstitutional are entirely different from
those on which the constitutionality Of the acts
creating the Metropolitan Police and the
Metropolitan Fire departments was sustained,
and the Police Commissioners had better apply
themselves diligently to the duties that pro-
perly belong to them and suffer the case 70 rest
where II is.