The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-07
TEE POLICE JUSTICES.

Tho LegaI Contest Between the Old a nd
New Police Justices-Importa rat Opin-
ION OF Chief Justice Daly-Mnrked
Dchnitencss Of Ruling Upon All the
Issues Except the constitutional
Question, Which IL Only Touched
Lightly.
rhe old Police Justices not relishing the sum mary man
in which they legsatcd Of office, deter
mined to what virtue there the courts, and
test case Judge Hogan brought suit against his
cessor. Judge Morgan with view to determine the
legality OF the removal of himself and associates and
appointment Of the present Board of Police Justices
their places In the Special Term Of the Court OF Com
Pleas Judge Larremore decided the act under
which the new appointments were made constitutional.
An appeal taken from this decision to the General
Term where the argued great length before
Ehief Justice G. P. Daily and Judges Robinson r.
DAILY decision rendered by this tribunal yes,cr-
Iay the same being cmbraced in very lengthy aud eS
ans s g drni9 OF the Chief Justice an abstract Of
orisIos Of CHIEF susfcr DAILY.
In his introduction Judge Oaty goes the early
colonial times shows how the Cd Dutch laws prevailed
the So ee
GSY 1 q a. Ss eas snd theme e ye
and city He concludes from sueb history that neither
Ot ssS s on ne city
ssT xSr 81 as h the ss snsd q as a M
exercising q limited criminal jurisdiction, which had
80 5 'fSsss ~ vel
and s tie S Sa g pn O. s anG aHn
cn the city. and which was ter that time conferred
p w s an and nsr
eee Which as from e e Il s't t. erea aae ~
!lss been distinct tom and known y diderent title
ton thai was IN the Constitution Of M IL
rsovlsioSs N raE SUCCESSIVE CONSTITUTIONS.
showing that this distinction was clearly recognized
justices have powers which justices d the peace have
ss TAG s nsye q a e ss
Sa. ast nsy 90 MOI he c maj
they cannot hold special sessions 1t is subordinate
ment Of the judicial article eons,itation sassion
S sae ss, 4 @ Y i e a sna
s, &c sses1 s M s.
a annual meeting elect justices OF The peace,
hal The be es IN s ne nf s s jus
and that all other judicial officers ii cities where cleo
asas Z s eins tue n on ap
s NJ y me Of Se
a. migh be CLAIMED that this provision was intended
shoasS sns@n By diaersn, bai Mere were Il
The @s q oer es q 2 a s s of
was reported the convention by the Judiciary Com.
es Mr. n h M" n,cpUsSS an ss, m By ws
moved to reconsider his own motion which being
words polite jnstsss stricken ea', and thsss
a IN wh s 81 .s mad pss sas a;s
saemittns this amendment to the gentlemen Interested
of Chcf Justice MARSHALL NJ all times question
nj much delicacy which ought seldom, II ever 10 be
none In doubtful case u ~ not upon sght imphca
ton or vague conjecture that the Legislature IS 20 be
pronounced to have transccndcd its powers Its au.
lhory Is absolute and unlimited, except by the express
restrictions OF the fundamental law; and II must be
ta Obvious and plain beyond any reasonable doubt
at was restricted from doing what IL has done before
us cnacmen viii be declared void This sound and
RUE ana departed from by applying such tests as
.e spsfit "the general intention, &e constitutions
unay DC hde to mean anything that judicial tribunals
fhihk proper TO declare. Itisa
RULE or CONSTRUCTION
Vetteu ny numerous adjudcaions, in Tvs application
q
ms u VI new York IL included In that Of Justice the
ucn hc Office OF district justices is equally
LOT All that ~ or can be relied npon 10 warrant
.nat CONCLUSION IN respect to the applies equal
Iorce 70 ,ne Otncr, and in that view there
son Wmacvsr Tor Mr. Murphys subsequent modification
o. Hs e'tc uahien The conclusion wouia then
DC lnat nc RECONSIDERATION OF his amendment not
REQUIRED. aha nat he subsequently onered and the Con.
veuuon auoptcu provision in respect district court
pusuces VIE" was wholly unnecessary In his indy
ment Justoes OF INC peace, district court justices and
police Jusucsss 81 tbe city Of New YORK. are distinct
offices and That the latter embraced under tho
Constitution of 1863 " w "'"''nens VI uc
. TINE REMAINING QUESTION
that inc SUBJECT OF this act embraced i'm lie fe
me DISPOSED OF very briefly 1t Is entitled IAN act 70
cure better administration in the police courts OF the
city OF New YORK In the recent case matter of MAYER
81 was held by Chief Justice Church in deiyerinr The
azure that the tile Of All st should be lbs ost exact az