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

with the approval OF board OF commissioners con-
sisting or the Mayor Recorder and City Judge, ana
whom the act Aforesaid constituted a board for the
appointment or all policemen, and for the trial Of
the same.u
THIS new board was empowered TO prescribe rules
for the discipline and government OF oil police OIL
GERS and OF all members OF the force, and for the
trial OF the same for breaches Of lawful orders and
other violations OF discipline. II was this new
board that now for the rst tune, prescribed DIS
trncnvc uniform for the police force OF our city,
previous 10 which they were popularity known
as toe Leather Heads" tits very neccs
sary act was then deemed great en-.
croachment upon the free and Independent
democratic voters OF Gotham who IN those days
deigned to do police duty for consideration. The
order raised greater storm OF Indignation than the
late order OF our own Metropolitan Police Board en-
joining our present knights OF ths locust never to
appear on tue rses. Gu or or duty, except IN tue
hNefy Oh king Jonn the small, OF Mulberry street.
Il was conteded by tae opponents To the order tnat
the act gave no authority 70 ths Board 10 dictate TO
tue lo.ce what taey should wear Is members or SUCH
Iofce, and the order was resisted IN cue courts.
VIII OF prohibition 10 carry order cfrect
applied .or and the trial OF the case tne supreme
Court decided that the Board mad tho legal authority
10 preseriDe rules ana regulations for the efficient
oryan. zafon and discipline " the police force. Ami
Then, ior tue nrst tie the police went mo sort OF
hybrid unllora
ANOTHER CHANGE IN THE DEPARTMENT MAYOR
WOODS .'oLD FORCE" DisBASDgD.
The Police department CONTINUED un Ter the con-
toi aad management VI the Aforesaid board till 1851
In that year, during Fernando Woods aayoraity the
Opposition party having come Into power, and hay
ing controlling naJorities III botn houses OF me
Legislature, made the irst OF . long continued
series OF lnvasions upoa the constitution anu upon
the municipal rgnts oil the people and their legally
Constituted authorities. fne Instrument Of egisla-
tive usarpation-the caarter, vs. It WAS called, VI
15.-was passed. April - 1851. Mayor WOOD, the
chief Magstage Of Inc CITY, had beea elected the
previous November Tor Two years. HIS opposition
IA ha mi Hraa Hal oFI
Was necessary To get rid OF hun. Ihe new CHARTER
among It's other unconstitutional enactIueats
..n =, ns.la nousoa ,h MI. "ooas
Mayor should be elected IL tie fall OF the year
tio5I. by the same charter the metropolitan Police
law was enacted, aDouslIny tho then eXlsglug Law,
which maze the. Mayor Uf the city, Recorder and
CITY Judge three Police Commlssioners-eue Mavor,
III right OF his office, beiug the head of the Board,
VITA the usual cont.ol, Tue power ul an Joint meat
aud removal, however, being vested In the board
~ tns act Laws OF 1884, chapter o6Jl the present
Metropolitan fol.ce district Was also formed.
sistng ol tue coulty OF New YORK, The counties Of
Kings, Richmond and Westclester. lG will nave
been perceived t1as up TO tnlS period the members
OF Inc police iorce were appointed soeiy and were
enureiY controlled by the local authorities OF the
cisy. But ills was all at ONE changed bJ the Leg
lsiakure III the very nrSt hOur OF It's tenn
polary triumph. BY this new act five commits
sioners were appointed by the Governor, or whom
tue Mayors Vi l,ew York anu Brooklyn were TO be
members &c ofclO, the officers OF the Board to be Q
pesiteut ana treasurer selected lr0m the comns-
sioners themselves. Inc chief Executive OF tie
State thel Was Governor King. The Governors
apponlees were Simeon Draper, James W. Nye and
Commissioner Bowen. 10 tnis Board was conl1ed
the soie authority to appoint al tue members Of the
police Iorce ol every rank ana and prescribe
rules anu ordinances Tor tner discipline AMI gul-
dance. ms usurpaton upon the preiogahves Of
the people ana their elected authorities bitterly
opposed, mol only by the democracy but Dy their
moderate anu CONSERVATIVE pontcal antagonists
by ALL III fact, who peneved Ia the great principles
oil decentralization, and WAC recognized IN this
the nrst attempt on The part OF an ailel Legislature
to wrest self-xovern alent from tho nanus of the
a la
would not submit to the nat VI the Legislature.
which he designated gross VOCATION OF the
state constitution iS46l wnch conferred upon
Inc local authorities OF every county In tue State
soe anu exclusive right to appoint the officials or all
sucE coaniies Ine constitution OF 1915 adopted
expressly 20 take from the hands OF the Governor
the patronage oil appointment and to deprive HIM Of
tae control which he previously exercised as to
the appointment or snerils aud coroners. Mayor
Wood 10 test the consltutionallty OF the cnarter OF
1851, commenced an ACTION IN the nature or quo
,caJ7dlito against Simeon Draper. Presidens OF the
new Police Board aud the other Commissioners
wno In pursuance OF the act, hal been appointed
sucn conunlssoaers The case came up before the
| Tor tue defendants and against Mr.. Wood and tue
| people, and thar Judgment was subsequently
before the Court Of Appeals and argued by
distinguished counsel on both sides, MIR. Charles
O'Conor and Judge Edmonds Tor the appellants.
| and MIR. William VI. Eyarts, and Francis Il. Cutting
| for the defendants Nj. OConor on this occasion
made, perhaps, the greatest effort OF his professional
LIE In the defence OF the rights OF the people OF his
native city. The Court however, DECIDED IN favor
OF the aonstitutlonallty OF tho act, Judge DEMO.
| then Chief Justice, delivering the opinion OF tho
court. The opinion opened up new matter OF very
grave consideration, aud which was subsequently
taken advantage OF to iegaza al iiiiona cncroach
ments upon the constitution.
THE OPINION OF THE CoURr-P0wER TO PORN NEW
DISTRICTS.
Tue substance OF the opinion was-That II the
PROVISIONS OF tue statute had been limited territori
ally to the city Of New York the act would have
been In conflict with the section OF the
should be appointed by tue local authorities
by the electors OF that locality That the Legisa-
ture, however, might constituonally establish new
civil districts OF the State embracing zoe whole or
parts OF counties. cities towns villages. That for
tne general purposes, permanent or temporary, OF
civil government providing, the districts organized
| By the constitution are not abolished nor their
capacity impaired to subserve the purposes and
| IN the CONSTITUTIONS aud that the reservation con-
tanned In section OF article 10 Of the constitution
OF 1916 that the electors or the elected authorities
have the right to elect or appoint county CITY, town
and village officers, relates only to such off,
| GERS az existed at the time the constitution
took eject. 1bat the 0ifcers appointed under the
new act OF 1857 wdistrct officers and were
not In existence at the time OF the adoption Of the
new constitution, and that therefore the appoint
ments theleunder-the new Police Commissioners
and the subordinate appointments made by them
were legal ana yad.
CATION, maintained his own ground, kept together
the Old police force. and lively time altogether
occurrence between the Old and new lorce and tue
rowdies OF the city, Dead Rabbits, Bloody Sixtns et
IL o'lne genus OF nat day, VINO The whole, sided
with Prince Fernando the First and his 'oid forcen
ENHANCING THE METROPOLITAN DISTRICT.
In 1860 the republican Legislature passed an
alnendatory, act " winch the towns OF Newt0wn,
Flushing and Jamaica. IN the county OF Queens were
Included in the metropolitan Police district and the
number OF police commissioners was reduced to
three, 10 be appointed by the Governor, by and
| with the advice and consent Of the senate. Tnss
| fresh inroad upon the state constitution expelled
| IRON the toard and from all participation the
acts OF the commissioners the Mayors OF New York
| aud Brooklyn, who could alone IN any manner
| represent tue people OF the localities embraced
wlthn the districts over which the power the com.
| missloners extended. Thus the last recognized
right oil the people to elect their own local officers
Win respect TO the police force was wrested from
them, aud the commissioners became the creations
| and creatures OF the radical majority at Albany.
| CHANGE IN TIE BOARD or POLICE COMMISSIONERS.
In 1853 third act was passed (laws OF 1868, cap.
AL by which the term OF the officials then constItut-
ing the Board was vacated and tour Commissioners
were appointed. Thomas Z. Acton (republican).
whose term was to extend 70 October L. 1917; James
:. Bosworth (democratl. term to March TO- is10; ].