New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-13
A FATAL WEAKNESS IN 1T.
Mr. BARNEs's ALBANY POLICE BILL UN-
CONSTITUTIONAL
JUSTICE PARKER SAYS IT DEPRIvEs CITIZENS
NOT REPUBLICANS OR DEMOCRATS. OF
THEIR RIGHT TO BECOME POLICE
COMMISSIONERS.

THEIR RIGHT TO BECOME POLICE
COMMISSIONERS.
Kingston, y. Y. MAJ 12-Justice Alton b.
Parker Of the Supreme Court who has had un-
der consideration the application for an injunc-
tion in the matter Of the Albany Police law. late
this afternoon handed down his decision, In
which he declares that the bill Is unconsti-
tutional.
Albany, May PA special dispatch from
Kingston to THE Argus" says that Justice
Parker. in his opinion the Albany Bipartisan
Police law injunction. says:
BY the first section Of the law 1t Is proVideu .ha'
the Albany Police Board shall consist OF four Ponce
Commissioners to be named by the Common Council
not than two Of whom shall belong 10 the
same political party or organization. Each member
OF the Council shall be entitled to vote for not more
than two commissioners and the four persons re-
ceiving the highest number OF votes shall De susn
office OF Police Commissioner unless al the time OF
his election he Is member OF the political party OF
organization having the highest or next re
other portions of the act which, the plaintlns IN
sst contain certain provisions IN ~ ,b sec %
the Constitution but as the o6ection 10 tne SCI q,
tion quoted seems to be well taken, q discussion VI
the other questions need not be had; cns.,.r,,or
Section l Of Article OF the State constitution
declares that member Of this State shall be DIS
franchsed deprived Of any OF the rights or PRIV Nv
ileges secured to any citizen thereof unless by tne
law of the land or the judgment or his peers. oec-
ton Of Article XIII OF the state ConstotSi1n oicnrs
provides that mo other oath, declaration or test
shall be required as qualification for any once Od
public trust" The statute not only requires the
Common Council to select two Commissioners from
each OF the two political parties having the highest
next highest representation in the Common Coun.
cil but 1t declares that all persons not members OF
such party ineligible for the office OF Police Com
missioner. member OF the Prohibition or other
party than those named, Independent, ac-
knowledging allegiance TO no party IT, therefore. oy
the command OF the statute taken out OF the list or
citizens from whom the Common COuDCl may erect
Police Commissioners
An important and well understood feature OF our
constitutional system is that shall be affected
In any OF his political rights by reason OF his opinion
political subjects or other matters OF individual
conscience. and Il applies to every privilege con
erred upon the citizen by the Constitution seGson
provision which harmonizes with and at the same
time emphatcay asserts that important prneiPe
"and other oath. declaration or test shall be re-
quired a qualification for any office OF pubic
The offices which the Common Counc'. are directed
by the fill by election are offices or pubic
trust and the question then is whether this statute
requires further test than that allowed by the con-
stitution For, II II does, the statute Is unconsutu-
onal and void It quite clear that the statute
provides for political test nder TINS provision
cants ear for such Office or the persons whom that body
may regard as otherwise qualified are Republicans
in p the 0;o Common Council II Of
them affiliated with the Prohibition or other par
or are independent and unafflated with any party.
their qualifications or fitness for the office cannot
stand in the way OF consideration Of their quail
ncation for the important offices which their repre-
sentaves in the Common Council are commanded
TO hll. And by this statute an attempt Is made 10
dsfranchise and deprive them OF the inherent rights
or privileges vouchsafed to them by the Constitution
OF being eligible to election TO the office of Police
! Commissioner.
Having reached the conclusion that the provisions
dscussed are unconst stitutona II is unnecessary 10
consider the other points OF unconstitutionaity al
! legged. The plaintiffs entitled TO continuance
OF the injunction already granted
"rhe Argus" tomorrow will publish letter
from Police Captain Davidson, which was sent 10
Governor Morton before the Albany Police bill
was signed. Captain Davidson was to reorgan-
,ze the force II the Common Council could not
agree and was the only member left in office by
the law In his letter the captain asked the Gov
ernor - veto the bill, saying the present police
efficient.