New-York tribune., 1874-11-11

o,.,,,on authorised the Common Council Of Rochester
sS.s III o the
equrements that judicial officers, other tnan suoa
seSate some things wore said BY the Senators
who gave opinions. showing tnat tney shouxms @
Justices 9 Sesieoos Of the S pss0s But the
involve that the position and whole course Of LEGISLATION
ia hostile TO It, do not advert to argument from what
passed in debate IN the Convention, though In my
opinion it favors the conclusion come TO. such arg
mepts at BEST inc0nclusve for they only snow the
opnions OF have proceeded quite
different grounds Tue distinguished gentlemen, whose
uterances In debate were invoked upon this question,
had power neither TO settle construction nor make
compromise In respect to the language OF the Con-
struoon ought to be made upon its language alone II
possible. We of opinion therefore, that the Police
the terms Justices Of Peace in Cities used in the
section of the Constitution in question, but that these
officers may rghtfuly be appointed as PROVIDED py the
act OF 1873.
THE SECOND OBJECTION ANSWERED.
The next question depends the effect and appca-
bity Of Article I'LL, Section le OF the Consututon
which declares "No private or local bill which may De
passed by Legislature shall embrace more than one
subject and that shall be expressed in the title" The
title OF the act in question is An act to secure better
administration in the police courts OF the Cy OF @
York" The act is therefore, unqaesonably local
provisions. to the City of New-York. Although
public and not sd in s @ 49,
shall embrace only subject and this single subject
shall be embraced In Its ute The ute o.
Of che ws sy
as conducive the securing of better administration
courts legitimaely be put 10 this act Tor
securing by law object obviously OF the first
Importance In the local administration OF justice IN tne
criminal courts Of NewYOrk. for II provisions OF
the law, no matter how diverse. have tendency to
produce better administration. then unless they may
them all, they cannot be enacted at all in "a
single law. II they make two subjects. they can can,
1 nulv hv
as' as pDSt are "Sl'e OF single Scheme. and each part
Of equal necessity and 6y aaSpsng 81 sgis sio
iatiOn can be combined into single law Now upon e1-
amnng the PROVISIONS Of the act IN question hs Gn
legislative power. Its enactments, In sub.
are not sv sr pa Nn a1d @ay be-
thought wise but they are legislative In character;
not be of that character and relation to every other
and that Legislature proceeding on Just aud puOc
Vision viSSD' should become the law unless each Of
the others also became law. In that case
work o% the legitimate purpose Of the lawthe
ing Of better administration IN the courts
OF this character the provisions substituting new
officers the old. and prescribing the duties OF these
officers as well 10 police courts as IN %sa %asa
SSss, SSs Sf we're ao %embes and Which
the necessary changes TO preserve the harmony
ea .1e the Changes nfroduced by the act under
Grafton Surely such construction can be put upon
single scheme OF legislation TO be broken up into
series of acts, each of which. without the others,
fectual to accomplish the proposed object Such
construction would make OF the provision
in question not guard against fraudulent, Dqt
an obstacle and embarrassment to good legislation 1t
ought not, matter OF principle To receive sucn
construction and OF the cases require IT, Thus IN
"suivan agt. The Mayor So NewYork 6j2" the act in
yoyed was entitled, IAN act to make provision for the
of the City New York. 1t levied taxes for
great variety of purposes authorized bonds OF various
for schools, educating children gratuousy, ana pro
hlbited the Common Council from creating any new
office increasing salaries except as authorized py act
or Legislature. All these provisions were deemed as oc-
ing parts Of scheme to form only one subject TO
be expressed title so was lt held In the matter
Of Vakening 81 n Y, ESQ., In respect TO act "Rela
tive TO Contracts by the Mayor &c. OF the City OF New
York" The act in the first place regulated contracts on
to the lowest bidder. IL then provided that
the power to revise and correct assessment
thereafter be vested In the Controller, Corporation
Counsel and Recorder OF the city, These provisions were
nevertheless held to relate TO single subject and that
the subject expressed in the title Tnese cases were
deemed by the Court so clear In the ilght or
the previous discussion, that the opinions delivered
in them have not been reported, but the
judgments themselves deemed their own sufl-
cleRt vindcaton The previous JUDGMENT OF tne court
in the matter OF Mayer l5o New-?ork GOAL ana the % in
ought govern the decision OF the questions arising
under this provision of the Consttuon had rendered
unnecessary further examination. Within the mean
ing that case, the decisions already ced ana the
case before us may safely rest. .
of opinion, therefore, that the law In question
is not violation OF the Constitution and that tue Juug
ment OF the Supreme Court must be affirmed.
Grover, FJlger. Rapallo and Andrews concur.
that the term :" Justice OF the Peace" covers pota
i" Police Justice, and District Court Justice" and
that the jurisdiction OF the former embraced
that both Of the latter shown by the discussion In
the Constitutional Convention and the declarations OF
prominent Of tnat body OF what was the pur-
under consideration.
Church, Ch. j., concurs