, 1877-10-26
A POLITICAL IIiJuNCTION,

4 POLITICAL INJUNCTION.
There In no phase OF tho judicial power
TINT has boon 60 much misusod As TINT Of
granting iujunctions on r. rarte applications.
Tho exercise Of this power is particularly
tnonaciug in cases Of poltlcal nature, and
should then 10 contned to tho most narrow
limits. All this is not morely trne in tho nb-
stract, but wes 1bnndantly demonstrated in
New York City, when tho Courts becamo tho
creatures Of tho TWEED gang aud tho Eric
ling, and When injunctions woro the fnyorito
methods for working out tho purposes Of tho
most vicious combinations. It is matter
Of considerable surprise that Judge MOORE
should have granted nn injunction on tho
application OF LnE, Ho1pEN,- Mus, and
M,11aRp, tho removed Park Commissioners,
restraining S1cssra. Wilcox, W1lKxS, Woon,
aud BnAssocK, the nowly-appointed Conn.,
aissioucrs, from entering tho Offices to
which the Governor has assigned thom. No
ono suspects that Judge alooRE has been
actuatel by any private or improper
motives in granting this injunction, but he
haa mnnifehtly oversterped his proper nu-
t!.ority In this interference with the consti-
tutional right Of the Governor, upon er parte
allegations, and hns SGT q precedent which,
his Iulonont should have condemned as cal
cu1ated to encourage all sorts of political
baruacles. c1lqnes, aud rings to dofy tho law.
full authority Or tho public will by &C parte
rrooeeliuoa,
The legal aspect Of the caso Ii very clear
md si,nnlo, Tho Constitution ciupowc,s tho
IT,. r y ~ -
for "inco,npetency, neglect Of duty, or NAL
fsasaneo in os,cs. a. In case OF all Other officers
whom he may appoint nnder tho law. 1u re-.
,noy;no stessrs. I1ps, uo1uEs, 1lt1raap. and
Muua ho stated expressly TINT ho did so be-
causo t],oso persons lido not rosscgs tho kind
nj ona};Aentionp Tint pro nscessary 10 Tho
discharge of tho duties OF said Office" OF
pa.k Commissioner. This is Oh ,,uoou,vocat
,l]oontfon Of iucoupetoncy, II Is diflcult to
loltoyo TINT Julao MoonE has granted tt,o
Injunction upon the ouibblo tl,ot tho
0ovarnor did not uso tho word "iucou,-
retcncv." because TINT woa1d la triuinu.
aua JUDGE Mooax would scarcoly cnab,o a
lot of tonac;ous elected ofl,celo1lsss to cling
10 PLACES and deprive their lsvfnl successors
b ufl
Hut II IL almost as difficult To concede that
Judge atoopE believes these lold-on Office
holtlcrs may claim tsial before " iury OF
u.sir ncors." and Tina 10 aliudgea iuco.n.
,,etont beforo tho Governor can romoyo
thy,u, .rAis would 10 novel aud remark.
ablo construction Of tho appoin.inu md RI.
moving unwer vested in thu Governor by
tbs Constitution. Waro such tho purpoae of
tho Constitution, II would hnyo been Il,
plicitly stated, because this would 10 au
innovation roauiriuR express instructions
In tho ahseuoo OF 4uci4 definition Of The
powcr OF rou,oyal and appoiu.,uout. and IN
,,royitlinu that ths Governor NAV ro,noye for
certain causea, tic Constitution uanifestly
,oa];cs linn the sole tulgo whom sucL
causaa exist md authorizes him 10
acs upou lis own Judgment, lle as
Governor In this oaso adinfRea aIessys. LIRE.
uoLpxn, Mu1Aap, and Mus to be inco,n.
notont. snil 60 very MAINLY in his order re-.
mov,ng tham. and ,eft t1,oaa individuals nm
courso tn ,u,rsuo n,,dor a nroper almjni..re,
tim of tha 1aw except 10 retira aut, tur,,
tlc;r ,f1,cca oxar In tbeir lawfully.annolntot1