New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-18

same indctIn mt, and tried AT the same ne there c
be Improperly in trying az the same time all the
questions involved in the allegation Of single crime
'''A''e" my SAMUEL J. Tu.DES.
NEW TRIALS BY THE POLICE BOARD
STATE OF NEW YORK, EXECUTIVE CHAMBER
ALBANY May IL, 1879.
To the Senate; return without my approval senate
Bill No. 249 entitled An act to authorize the Board OF
Police of the City of New York grant trials This
bill objected TO by every member of the Board and by
the experienced officers of the police Their unanimous
judgment has been communicated TO me that II u De
police force ON the efficiency OF which the good order OF
the metropolis depends Ii is said 10 nave oeeh lhtouu
in the interest OF two dismissed policemen, who
would like restored but Whose hopes would be sure
10 prove illusOry. have no doubt in forming an IN
dependent conclusion that the bill ought not to become
law. Certainty in the punishment for miraculous OF
discipline disobedence. or neglect of duty Is OF lar
more importance than severity Celerty IN tne IN. IN
Fiction of penalties and tnality in the trial are the
essence Of discipline such TRIALS now consume an ar
person convicted will desire retria and will struggle
lost, the fear of punishment weakened, ana
the effect Of punishment actually Imposed
will be impaired by the continuing nope OF eNentuin
escape. The Board will be overwhelmed by trials IL an
injustice 10 an individual does sometimes happen 10y
the introduction OF new and potent element OF dsor
ganzaOn and decentralization to the whole service Inc
policeman a trial. he shall be restored by opera
ton of law In the mean time the Office VIII have neGn
salaries SAMUEL ]. TILDEN.
A TOO GENERAL HEALING ACT.
STATE OF NEw-YORK. EXECUTIVE CHAMBER,
ALBASY, N Y, HAY Il, 1870.
To the Senate return herewith without my approVa,
Senate bill No. 262, entitled " IN act 10 confirm ana
legalize certain Of the Common Council Oh the CITY
of Elmra" The bill enacts that a resolution Of the
Common Council of the City OF Elmira ordering the
paFlae W I, w. 1or ,,' tuaah reoolton and
tie resolution OF the Common Council assessing l0r
6D5 e Sa s o. I a oPr an 1t en id- HAT
tfll usTial nf
under the said resolutions, The contract made pur
thereto, and all acts relative TO the ordering anI
cost ANA expense thereof shall he held valid and legal
and i'm h force and effect" The last clause not
Specifv VIA arts II eg1lzcs Il does not condnc s OPP
eratons 20 % tn Mayor and Common Connect rOi
any public officer No part o. the bill specifics ne ma
~ information Of irregularities when inNoiFe no SUI
stan,ia wrong 70 individuals and no violation on pubic
policy II there surprise, fraud. or corrupuon II
there were "A total want OF jurisdiction If there were
breach OF sound pubic I'cy %.!oh e.t Ia hs
in assessment II there Wre or snpa r mum rot
ceivablc possible to occur IN such mattc' TINS
ply adopts them on the part OF the legislative Dover oi
the state strikes QUO OF existence the brilic Igns'
which have been regarded, and annus all udic rem
edics by which they be asserted or defended In
similar where the language OF the Oi was cer amy
no broader and where the detects were not alleged 10 DC
more than technical formal the Mayor and other
officers Of one of principal cities attended in per
If the defects not cured. But felt II TO
be a clear duty TO WITHHOLD my sanction from iI ex
rsation is Of evil example upon the statute book even
If il works actual injustice in the case which Is the
an6ious 10 make them broad
enough forther own present Object, ana are
Justice to others, the evil policy that may mad
yerently result The oosest precedents are most likely
be copied bad practice IN a rev cases grows INTO
NH ruthority. Healing statutes are enaeVSi
where public policy would sustain Ohicial
acts that are invaded by reason of oversight
nadVS and some private Fsuts arc DcD heu
and some harmed By the Confirmation. On the same
prncipe, Instruments executed by pTlVat" persons are
snmeIiIpes aided. out OF preccdens has arisen
statutes curing nor1uGte5 OF ricHuaes IN tAe acts
o. their officers in respect 10 local asessuents uatu-
raj inclination 70 iaVUr own powers anu ~ AL Ia
with expedients which increase Lle tuuu al tir dsiOfai
fGr expenditure O the same taxes tends 10 enlarge
the scope % sIrh bills questions between the mlncl-
paity and particular taX-pay eis Deconc tIdth'. liar
ms before the asked OT. nareceni Instance
numerous parties ana several counsel attended IN he
nrescut Iucfance SUITS were pending when The Dll
and conflicting equities are prcsened IL ~ Il lie clear
fha sch bills # Tolerated al al in cases mat are dis
fie t,ce that the are carefully limited their Opel-
alton that they viii not cOntiayene tie policy which
inDoses reasonable restraints FOR the protection 81 lnli-
Vidual aud personal nights OF nIOceA. Iru pucS. II
IL sufficient ohio TO the present bl that u contains
none of these qualifications but ~ cXpres SEQ II me broad
est terms this objection IL added the Iict il INC
sever,l remoustrauaes Of Llnrd aege
that substantial wrongs were committed III me assess
ment that jurisdiction was never acquired mat TIE pro
cedinrs we're tainted by fraud and bribery, ana tat
aldermen were Interested III the contract when was
thereby rendered void by express provision or the
charter OF kmira do not assume mat these aesa-
tons are true fact but cannot see mat those VINO
make them should be cut of from TIE right OF Trying 10
nroye them In tie courts, that the issues they raise
ought Ia tried III the EZecutNe tldiDef Inc saving
crsa i'm the bill saves FOR the suits exist
ing when the bill passed being instituted ny the
CIV have az am informed, about 10 be dlscon-
tuued Tor the purpose vi renewing them after the biu
shon d become a law. SAMUEL j. TILDES
A CAMp-MFRrIvG ASSOCIATION CHARTER