New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-22

OF POLICE COMMISSIONERS LhAN 20
THE MAYOR 10 DIscRErIoN
~ THE MATTER.
The onnions OF W. e. Hornbower, James =
Carter Elihu Root Joseph Iarocque ana o'n'
eminent lawyers on the consttutIonalltE u '"'
Lexow bills viii be read with Interest. ME- no,
bovcr's letter to Charles Stewart Smith Is as lo'
lows:
charles Stewart Smith esq Chairman etc. Con
Dcar Sir: / have examined the PROVISION o. FL
ator Iexow's bill in relation to the Ponce Dep nnd
Of selection OF the Police Commissioners niter
the first Of Noyember 1881, nam ann t II mayor mayor
of %ew-York the power of appointing Two OF M
ir,iraI since il leaves no discretionary power in
the Mayor and no right OF cholrs, ne wSo shall
have received the highest number OF VOTES neSC 80 "
the persons who have been elected lo,oe ~ he
directly in violation of the principles iaid dow 10y
the Court of Appeals IN ne easel easel p,in sv rel
Keen vs. Angle dO9 y. =. jeD These cases . nel3
sinC mpon any Official that official has the
Exclusive power to determine as TO the PROPHECY
0uoiidcations of proposed apponees. and any egls-
laion which relieves such ofilclal from I nv rn,
ton exercise his Judgment ana ski II, pnn The
tho aIpoiutment or reposes restrictions upon W
exercise of the power conferred = nstitution
Section Of Article of the present r 20
takes away from the Legislature any power pow ne, 10
appoint municipal officer, o OF than 1S by appointment
H., fhe municipal authorities or election by me
ple
sxows is intended to compy with TINS s of an
OF the Constitution by giving khe pG"Vii 4, Clearly
i unconstitutional for the reasons above stated.
So far the provision purports to VI ,n ~ =
minority Of the voters Of The city am OF Pplf, ion
that il is R violation OF ne SPtf rs ~" mon every
ected 40 hot know that this precise question
5s ces bean Passed upon by the Court Of Appeals
in This state but am strongly Of opinion that
,~ben The aucston does come be passed upon by
nf
provision Of law which undertakes 20 coi,ei "i ,Sn
elective officers of the state or 10 any subdivision
thereof, s unconstitutional Nhethsr, ,nrayidine
Tor the election appointments II "ili De- tn'nN'
hf MaF 10 be "n IS SWIILIAM 3 HoRNBowER.
James c. Carter. Elihu Root Joseph I-arocque
Iohn r. Parsons charles G. Beaman. g. /" RiVes
and r.oui. l.. Do.ane.d join in the following
Charles :. Smith, esq. Chairman e.. .,,,r Low
ovs bHl 20 reorganize the Police Department in this
city which provides as f2l9"sii 800 there shall
be cIar,s,i in N. city of New-Yo-k TWO Police Com
spectve Offices FOR q term Of six years from me
nrst day OF January succeeding thelr eiecu2h SIri
have qualified The Mayor of New-fork snal itnm ne
daely after the votes are canvassedt appo,' ~
city t. be associated with the two S9mmIssone,ss
Who shall hy he p snroGt Shall be those two per
sons no shall have received the hghest mulhpeI
~ votes next 10 the two persons who shall haye
E,,, cle.fed Police commissioners Of said city No
t,iio, sh,u no counted upon which more than TWO
o,n"s for police Commissioners OF said city shall
annsar $500,
Il sin bc observed that while by the terms OF this
hH the Mayor Is TO appoint two OF the Commits
sinners uo Latitude OF selection or choice Is al
,,,.I.I hin, hut ne must appoint the two persons
-, hall have received the highest number or
"l' .',' . 3D.. t,vo n.r.ous a 40 shall have been
VOC i'"N' ~ ~ - ,,,iIont h,refore that such
r.-eons g., "appoin;cl' will become entitled 10 the
P, 80" -, ~, IA ,,a received THE highest num-
H ~ ,es next TO the two persons who snail have
p'l VI " ',,,d NOT IN virtue OF their selection
Peeh 20 49, ' ~
py 'lr 49, ,y ,,I en.,t therefore al OF the Po-
H.. comuissIou.r4 VIII take Office because or the