New-York tribune., 1867-06-12

that laws could only be enacted by the legislative bodies
70 which the legislative power cSIep SH tbe seatGre
should be allowed to commit to the boald OF POice o
mower to legsato when they could not even submit 70
he people the question whether they would submit to
law See Clark ag CITY Of Rochester supra 10 Is su tt
municipal corporations possess such powers delegated
10 Them y the legislature The power Of lesisating
necessary night to municipal cmpoiatlOb ahd anuIly
TO confer them legislative powera for local purposes
nav s found in the ninth section Of eighth article OF
the Constitution. which makes 1t the duty o1 the egsa
ura 10 prOyde for the organization or cities ana moor
porated Villages &C. &c Bank Of Rome agt Village OF
Romes15 ~ ~ Rep, Pp 80 ard Az lAs su1h ,iey SoIe @ ~
existence when the Constitution was adopted, ana Wele
rceoizod and their charters continued Such rec0g,
milton would confirm to Now-YOIk all the chartered
powers aud authority possessed at that Time 40 10 one
right to repeal these laws. far as they
winch has been pledged to the sinking Fuh mere can e
nosoubt TO the want Of authority even IN the esa
tnre The rsact appOpiating tho revenues OF the city
tho payment Of the public debt was the aet OF lsS
ch. o. The act pledged All the revenues .. te ~ ia
tion the payment OF the Interest aud principal OF le
debt then created and they were to continue 30 peuge
until the final redemption OF the STOCK ny the act W ~
1929 c 0I that pledge applied TO STOCK then 10 De
raised and by the various acts passed IL was
The act Of 1899, ch 1N1autl0rZmg tne Srotoh ""to m
stock TO be Issued applied all previous laws as 10 inc
pledge Of the faith and revenues Of the city TO the pay
OF that stock The debt sun IN oAlStehee anu m
pad Neither the corporation the Legislature can
withdraw from the pledge any OF the rey enes hsrei1
fore appropriated thereto without OF tne pun
lie faith and 10 oughtmo 10 be allowed lt IS proper 70
add that by this section these reveGHes se we" oeeons
only apply In part to- the PROVISIONS or tho I'm Eon
section Ihs goard Of Police to gae
on the subject, but In connection WIN lhe otheI
stated show the nnpfOpIcIJ Ol NtStihk
bodies not recognized y tho Constitution the power 10
legspte such matters. Icannot better c0neiude my
rSIg S o exTaet made ~ ys
In the People agt Hill, above referred to 10
the Constitution is our fTst duty ana the LeSatTe
has for any cause encroaehed upon 'at sacieu hi "a
ment or IL construction mas beel BNen W
,it we mperatiyey called upon 10 declare rs eas
and TO assert It's supremacy NOthlhS eh W nv %iylo az
gorOus 10 free institutions or 10 the rIgHtn o .iio
people than to encourage doubtful oI te
Constitution, contrary TO It's more pi1h ana hatuih % 'u
port understood by the great body 0i its leaGeIs
viii only add to this that attempts TO defeat clear cos
futionai provisions by re5or!ng TO technical eFaohs
should be equally resisted and frustrated M the courts
Upon the ground first stated the plaintiffs arc eAltieu
JAMES C. SMITH J-The plaintiffs claim that tho twelfth
section Of the act OF 1861 chapter 500 referred 70 IN the
ton article TO- the Constitution or this state when
declares that s ana yse S ice o "So ro
stuon shan be elected by the electors on suc cities
pouted by such authorities thereof as the Iegisla
lure shalt designate for that purpose me section OF
Police an Tho powers and duties conferred Y Jaw upon
the Mayor the Common Council, inc mayor ahn NousCI
ard an other boards aud officers OF tho ty OF neWi"tk
cc"r TIC Wctropoltan Board Of Healt In respect 20
The various subjects specified in the secton ard also a
tLorizes such Board OF Police 10 alter amend ody OF
neeI MI ORDINANCES in force at the time OF the passage
OF the act Concerning The persons. occupations oL lnatSas
In said section mentioned IL Is unnecessary ~ present
IN rofer pnrticuary the subjects which the section
enulnernies 1t IL sufficient To- say that y All ItAt 70
po,Td of MetrOpoan Police Is composed Of te CCmps-
soners OF Metropolitan Police VINO are oct'3 S tlc
MetrOunlifnn
consists Of the counties 81 NewYorE Kings Westchester
oneons laws 1857 500 1862 25o) 1t is argued on the
part Of the plaintiffs That ~ tie pfONsoso oi lHe
Under consideration limited tertoriay To the City
nf NevYork pnd the duties which they d0yolYe upon the
Board Of Metropolitan Police are city duties eAcluslyey'
the sccton violates the spirit OF the resiflc
tirn referred to- The constitutional proys0n INVOKED nv
the plaintiff. has been the subject or discuSsoI an hoJ
oot Drapcr as " " 692 presented the question OF tie
contuonay OF tne act ol to' "y .i 80 Police
and vested the latter certain powers anu aht'es IN i
spcet TO the police regulation OF tns %Ioe 70 osr
elected by the several local constituencies WiJhh us
district II objected IN that case th tile ee, Oh
1851 was onoNious TO the constitutional provisions now
under consideration. but the Objection was 0Veftueu;
the Judgment of the Court proceeded upon the Stoatd
that The officers provided iOr by the bill Nere not county
or ctv ocers but they officers Of the district thus
orr,zed and the functions committed to them were 10
in pcint OF the case ClsfJudge DEMO, delivering the
opinion ~ tho Court SAID The slre,ntenaeht qa 10
b ARE officials OK the sanc character thof heretofore
Sxi1,rC nuGer somewhnt different names; aud n ap-
eAaS u' 49, Ci5y -, Nt,vYork uuconnected with the
y i,v tIe cieStors of tie cltv or Of como dIyi.
sion Of IT, or appointed by some authority Of the city
TIE Police Commissioners, assuming thN they were
rd.J ~ anhor,tles OF the city within the meaning OF
The Constitution. Hence 1t follows tlat II the PROVISIONS
Of York II would have been IN conflict with the sec
III enrret from to opinion that II tine act pi 1857 had
iitcd tbe functions OF the officers thereby cfeatet
Tould have been declared unconstitutional. The views
OF the Court Of Appeals upon this point
were again distinctly ptcscnted IN the case. OF
the People agt Pinekney 92 ~ - S,' Iiat case
atng the Metropolitan Fire District The bill united
the Cities Of New York and brooklyn INTO district TO
be known as the Metropolitan Fire District OF the state
OF New YOrk, ana provided for disappointment by the
Governor With tho consent Of The Senate OF -ir chens
residents OF the district. metropolitan Fire Commis
soners" Office declared TO be thereby created
In
city OF kew-lork In tho prevailing opinion ueVeteu
by Davs the decision IN 1t case Ni Draper was re-
respect 10 the question now IN hand that the Ocsr 70
appointed "must be an officer OF the new district on
and not merely local n the scopeor perormsnoe'
- his duties and functions, aud therein supersediug some
cyst>s local officer He must be district officer IN the
sense of hs functions and authority, aud not merely IN
name, with no powers or duties beyond OBVIOUSLY or
gauzrd locality" lt would not be competent there
fore the learned Judge proceeds 10 say FOR the egsa
ure create civil division OF the state ana abo
gate the local Offices OF the several counties that might
COMPOSE IL aud direct the appointment by the Governor
and Senate Of other officers limited 10 perform the same
and more extended titles IL that We're so tic cen
trail power could draw to itself the appointment
OF all local officers not expressly provided FOR by the
Consultation" The conclusion cf the court upon the
point thus presented was that the officers created by the
Metropolitan Fire District act were not district Occis III
any lust of the term and that their appointment
by tho GoverIorand Senate could not beiusthed ON the
grounds tha enabled the Court 10 uphold the oSanNs
tion and appointments OF the metropolitan Police bill
.I Justified, however upon different ground 10 VII
that the functions committed 10 the oCers created Dy
the bill not previously discharged by persons who
public officers when tho constitution was adopted,
within the meaning OF that Instrument ino peaing OK
that position upon tho at bar will be considered
presently The principle 20 clearly aud firmly esab-
fshed 10y the OF Draper and that OF Pinckney,
fully applicable To the In hand. The functions aud
duties transferred by the twelfth section local and
confined 70 the city OF New-fork IL IS true the officers
10 whom thoy are committed n0snerey local officers,
and their offices not created by the bill itself But
their offices were created since tho adoption or tDe
Constitution, aud they were appointed by the state
authorities and the functions conferred on thom by
tho section under review are purely local. the case IS
same with reference to the present question, as TX
the Metropolitan Board OF Police had been brought into
existence the act OF 1861 With other powers than
those committed TO them by the twelfth section Thus
Viewed the case obviously falls within the principle re,
frrcd TO- and must be- controlled by IT, unless excepted
from It's operation by the considerations which prevailed