The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-28

that Il would be imposslbe almost for the democrats
70 eject partisan LEGISLATURE. the last election
SHOWS now wofully they reck0ned without tner moss,
the Governor and both houses OF Legislature, the
whole machinery OF tine State. the law making and
the democrats and they viii mo likely 1t some
what In the spirit OF the old Scottish ralder:-
| atthsy shah take who have the power.
| And they NAV Keep who
! SPECIAL LEGISLATION
| Special legislation reached Its climax In 1883,
placing as u did everv department ana commits
| SION entirely aud completely beyond control or
responsibility Thus was exhibited for the first time
the experiment OF two legislative bodies assuming
equal powers over identical local mterestsi OK ere
| atlng independents COMMISSIONS, not subject to the
conro or supervision OF either legislative body, aud
power, but whom they could not cheek nor control
In the exercise OF their usurped functions. however
Illegally or despotcaiiy they comported themselves.
| THE BOARD or HEALTH.
In 1865 flaws OF 1885, cao 74} the republican Legts-
lature flushed with victory, inhctlng defeat after
defeat upon taeir democratic rivals. and having no
lear or the reyerses which have come upon them,
essayed fresh encroacnmelts upon The rights Of tho
create Metropolitan sanitary Board OF Health, hav-
lug jurisdiction over the territory embra ed
within the Me ropo itan Police dstrcl.. Ths board
consisted or four persons, to be appointed by the
| Governor (FentOn reelected by and With the
advice and consent OF the Senate. and also health
50 appointed, together with the Commissioners OF
Metropolitan Police, were to constitute board Of
seaaea ac 20 S ny ts a. Hea
were very exc usve, but 1t is hardly necessary In
Drlei article IKE THIS TO refer to tnem except AZ
Incidentally showing The almost unlimited author
ly an alien ana hDsts Legislature, the majority OF
the members OF whom were chosen from the senate
anu Assembly districts OF the State, and one only
interested u tae advancement and welfare Of their
own petty ana circu Inscribed localities and for the
attainment OF this obecl, would sacrifice city of
New York and every interest located therein.
TINS new act aboisned the Old board OF health OF
this city and Brooklyn, and TOOK away from the
Mayors OF the TWO CLUES aud the Common Counciis
the power to pass health ordinances anI conferred
these powers on the new commissioners. And t
and Others OF Kindred nature OF . republican
Legislature all the powers OF sefg0vernment
wn.cn BY right belonged 70 the people were wrested
OF Metropolitan Police. actiag alone conjunc-
ton with the commissioners 0 the Board Of Health.
Pfior 70 the passage Of these acts oil the powers
above referred TO had been exercised by city 0cers
either directly elected bv the people appointed D.
the Mayor by and with the advice and consent OF
. tue Board OF Aldermen, directly elected by the
people themselves. Every tre5pass upon and inva'
sion OF the ina I rights Of the people must
phrase. have gone "tue length OF their tethern and
VIII 90 now brought co with sharp tucn. The days
Close and IL Ia to be hoped that the newly elected
Le2s atlre as snon after assembling la the Capitol
as possible, VIII listen to the mandates OF their con-
stltuents as expressed aT the ballot oox in November
last and either sweep away all the late OBNOXIOUS
legislation and restore to the local authorities all tho
powers once vested N them, or else devise some
new scheme by which the vast and com prehensive
powers committed TO these various boards which
press like Incubus upon the body polite shall be
vested IN new onicers, directly responsible to the
people OF this city and BrooKyn and the other locali
lies embraced within the metropolitan police dis.
trict Tor the due and faithful performance OF their
powers and prerosauves. The Board Of Health
have tue rlglt by tue ACT to make domicary visits,
and their awards and decisions and acts are lnai,
the Court Of Appeals having decided tnat there
author ty in the courts to review revise the dec
upon facts and that findings are as irreyers-
bic IS TIE 1nding OF Jury upon the facts submitted
on the tria OF case; rms power has been retarded
OF the citizeas but violation OF the funda mental
law which holds that no man can be deprived Of his
property without que process OF law forfeiture
THE EXCISE BOARD.
In 1865 the EXCISE Board, most oppressive and
burdensome one ana an appendage TO the other
boards. was also lnnlcted on the people. BY the
Excise act OF 1868 (cnap. $50 the Joint Boards OF
Health aud OF Metropolitan Police were constituted
district, excepting and excluding the county OF
Westminster, and oil the powers heretofore possessed
said district were sullnarily transferred the
Board. This Board Was to nave sole power to grant
licenses ald to revoke the same. Tine sale OF liquor
was forbidden Without the payment OF q most OPP
pressve aud almost prohlbitory tax and the sale OF
| liquor on sundays, under the same higli-handed
| law, was entirety suppressed As Is well known.
| the county OF Westminster was exempted from the
provisions OF the Excise law, winch exemption II
| was supposed was procured by the exertlons OF !
leading republican, the then representative OF the
county IN the Legislative Assembly,. IL were need
less now to ask upon what principle 1t was demoral
lzing TO sell liquor on sundays the side OF
MacomDs DAM anu perfectly proper and just 10 deal
In the same on the north side OF the DAM However,
patchwork legislation OF the tiines AS Que wrong
step is out the precursor OF many, so the first en-
croachment upon peoples rights, tanely submitted
to, Is but the orerunner or despotsn The general
act gave rise to great opposition on the part OF tue
minority N oosn houses, aud several so,saled
increase than to curtau the powers OF the commis-
| sioners.
THE LICENSING ACT.
The disposition which the republican Legislatures
hau on 80 many OCCASIONS evnced W further subject
the people ana constituted local authorities OF the
city TO the entire control OK their pet comm ssloners
In addition to the despotlc acts already passed. was
never more strik,ngiy demonstrated than by pro-
vision inserted IN tue county tax levy OF 1858 DAVIS or
1851 chapter $685. by the twelfth section of the act
| the Metropolitan Police Board was invested with all
the power up TO that time vested by the cty's laws
aud ordinances Ia the Mayor and Common C0uncl.
This was with regard to the licensing OF theatres,
places OF amusement boarding houses, Keepers
| OF JUNK shops, boatmen. hawxers, pedlers and
dealers In second hand articles, auctoneers. hack
| ney coaches, and carriages and drivers, carts
and cartmen. cabs and caomen. onnibuses
and Omnibus drivers, and other similar pro-
| fessions and calngs IN the CITY The power OF
licensing and the surveillance and supervision over
the Whole OF these interests was by the act soughG
be wresled from the Mayor and Common o0un-
cil aud vested In the Police Commissioners.
u this act mad been permitted to 70 into efecs
the small moaicum or authority municipal mat
tiers which previous usurpations had lett would
have been wrested from The Mayor and Common
Council and municipal government would merely
consist in the mocxery Of q name, without actual
existence or vestge OF authority. The c0nstitu-
thereon IN the supreme Court for the purpose
ting whether the Legislature had not In this parcl-
lar instance exceeded lis power. lne case
argued at general term, ana II then decided that
the section Ia the tax levy was In conflict with
article OF the constitution relative to county CITY,
town and village oiicers-a point Mich had been so
iuy discussed at the time creating the Metropo!i-
tau Police Board. The section In the tax levy was,
| therefore, dec AIRED null and void. The Police
Board, however, not relishing their defeat brought
| the case before the Court OF Appeals where tne
matter was elaboratey argued The result was that
the court republican judges being the majority
felt constrained to arm the hat OF the court below
One singular fact connected with the disposition OF
the case s that no written judicial opinion has ever
been rendered In the case, and thereby "nangs .
| tale.r
BOARD OF ASSISTANT ALDERMEN,
In 1853 tue Legislature abolished the Board OF
| Assistant Aldermen, twenty In NUMBER, but ap-
| pointed new board consisting OF sixty members,
/ forty OF whom should constitute a uuorum--said
quorum being honored at the time with the title Of
the ''iorty thieves" The legislature at tile same
time repealed the provision Of the act that provided