The New York herald., 1874-11-11

UeODlS X.
Bolton vs. Albertson. Massachusetts Courr OF
Appeals, 1873, now reported IS New York,
g. s an a so Snp a msny
tions provision VIII be cons,rke largely, so as TO
INCLUDE oil legislative acts within the meaning
but neither these cases nor the principle involved
has any application to . case hEe the present.
tional provision was framed, and then had the
same substantial powers as now. All legislation
o the Se
justices OF the peace, and not OF police
lstices How ls It. possible to tax o. evasion y,
police justices we should attribute to the Conven
tion and the people the vice OF saying what they
did not mean and introduce new and dangerous
justices OF the peace in New York exercising the
amended judiciary article was adopted, and II the
police Justices had not tnen been existing Oficers,
once ONE Of police justice and altered the mode Of
selection, that would have been an evasion. (PeO-
pie VS.. Mckinney, so New York, 376.)
The case OF Clark VS.. The People (26 Wend., 509)
does not conflict with the views stated. The stat
ute there IN question authorized the Common
peace. and the Court held that all other justices
OF the peace were excepted from the requirement.;
tnat judicial offices other than such justices
should be appointed by the Governor and Senate.
Some things were SAID by some OIL the Senators
who gave opinions showing that they thought all
tces OF the peace. But the Judgment does not In
volve that the position and whole course OF legjs-
lation Ia hostile to it. / do not advert to argu-
ment from what passed IN debate IN the Con-
ventlon, though, In my opinion, 1t favors
BEST are inconclusive, for they only show the
opinions OF speakers; others may have proceeded
gentlemen whose utterances in debates were in.
voked upon this question had power neither
TO settle construction nor make q COM
stitutlon, 1t was adopted by the people, and our
construction ought to be made upon its language
THE APPOINTMENTS VALID.
We are Of opinion, therefore. that the police
by the terms justices OF the peace in Clues as used
IN the section OF the constitution IN question: but
aa, Hss sss on s aas ms s %b S aDps
depends upon the effect and applicability or
article 8, section 10 Of the consultation. which
be passed by the Legislature shall embrace more
than one subject. and that shall be expressed in
act to secure better administration IN the Police
Courts OF the city OF New York." The act is there
fore local act reia;ing as 1t does,
New York. Although public, and not private, in
all its PROVISIONS the requirement OF the consttu-
ton iG 1t shall embrace only one subject and this
single subject shall be embraced In its title. The
title obviously expresses but one subject. and that
non ne Of Ssee'S the Courts named. si' Now every
provision OF law which legislative wisdom
may regard as conducive & to the securing OF bet
mate!y be put in this act, lor otherwise we must
say the Legislature is precluded from securing by
poltance in the local administration OF justice IN
the criminal courts OF New York, for If provisions
dency to produce better administration, then, un.
less they may be embraced In title sufficiently
general 70 include them al. they cannot be enacted
they cannot be united. 1t is only by regard
Ing. them as part Of . SINGLE scheme, and
adopting title sufnctently general that the whole
project OF local legislation can De combined into a
single law. Now, upon examining the provisions
OF the act In question: 1t is entirely obvious tnat
every part Of 1t Is within the legislative power Its
enactments IN IN snDsteenSs are % not usprpation on
tul and may be thought wise, but they are legis
latlve IN character; nor do l see any ground to
character and relation to every other, and that q
Legislature proceeding on just and public
un0 any one ~ provision eu should " become % the the
law unless each OF the others also became law. In
that case all relate to the same subject Tor all
essential to work out the legitimate purpose Of
the law-the securing OF the better administration
IN the courts mentioned. VI this character are
the provisions substituting new officers for the
old and prescribing the duties OF these officers
well in police courts as Ia connection with courts
Of sesslon-oi which former these officers were
changes TO preserve the harmony OF the
nsea he Changes and pSs %
act under consideration. surely no such
construction can be put upon the constitutional
provision IN question as to require q single
scheme OF legislation to be broken up into series
OF acts, each OF which without the Others would be
pish the proposed object. Such construction
would make OF the provision IN question not q
6arrassment to good legislation. II ought not as
a matter OF principle to receive such cOnstruc-
% ana none % .S Of sss cases g Negars It. T5u In
act involved was entitled IAN act to make pro.
vision Tor the government OF the city Of New
poses authorized bonds OF various kinds for
various purposes, provided for charities
and prohibited the Common Council from l Creating
any new oihce or increasing salaries, except as
authorized by act OF the Legislature. All these
scheme to form only one subject 70 30 expressed
the title So was it held in the matter Of valken
&c. " Of the a'c city
York" The act in the FIRST place regulated con-
Se ct OF .ss sR as CITY y sS T 5
lists-before vested in the Common 0oun-
troller, Corporation Counsel and Recorder OF
the city. These provisions were, nevertheless
subject expressed in the tsle these cases were
deemed by the Court go clear, IN the light OF the
previous discussion, that the opinions delivered in
them have not been reported, but the judgments
themselves were deemed their own suficient vim
dlcatlon. The previous Judgment OF the Court in
the fun discussion BY the Chief Judge
OF the principles which ought TO
dered unnecessary further examination. Within
the meaning Of that case the decisions already
cited and the case now before us may safely rest.
We are Of opinion, therefore, that the law In
question Is not violation Of the constitution, and
that the judgmentof the Supreme Court must be
affirmed.
Grover, Folger. Rapallo and Andrews concur.
nudge Aneh writes dissenting opinion on the
ground that the term 'Justlce OF the Peacen COW
ers both police Justicen and "District Court JUS.
tice and that the jurisdiction OF the former EN-
braced that OF both OF the latter, shown by the
discussion In the Constitutional Convention and
the declarations Of prominent members OF that
t0dy Of what was the purp0rt and intent OF the
passage from the constitution under considers
ton.
Chief Justice Church concurs.
THE NEWS IN TOWN.
Police circles we're much agitated yesterday
auex 70 mani that tha Can't OF Axnaaia