New-York tribune., 1901-02-18

that AN act ,iolatinF the true intent sn9 an
ing of tho instrument, although ~. w. .,,eci
Of prohibition 81 within the stflet lee., .,f,tn I'm
act in evasion OF lie & 'eis nSer-tood and frus-
iI-tRs general ana clearly SAPIsssSJIs Is 0 as tS n
s2BTsss sSTs im.lgs ae1mt forBS5i fforBiadsn.
hest1 an \ case decided Hast yesr the same
-, ,tS tbat l,v the terms Of this section the
LEGISLATURE is expressly aulA9il1,u - ,r.fs .sR
TIE local antRoriiles lS wH9 Sl5 Shlrohea fro@ doing
more than that or from piacing tai, 1irct05
poSsf OF an implication against contrary
20 n, or which would frnstrate OF "4saPl''''' 'S
purpose OF that provision
THE OLD COUNCIL OF APPOINTMENT.
Under the Constitution Of l757 local officers were
appointed and removed BY the Governor and z
Council 81 APnomim'%msit m % ,n,6iy HVben the con
stitutonal Convention met IN ~ TINS 'JMsL ' foy
teeR thousand ooehoders seattered thUoaghsOg,,, I,
W d,cioSed bV thc FACT that the convention by
,naniuous vote. l02 members helns present u
i-H S,r a total abolitiun OF the Council and Us
s,'~e,iions The only local officers over whom ne
Governor given control by tha1 n ,,r IL
was sought 10 make his power TO remove ne ,Se
Ssrs am sSarea EtR CHIEF Justice spencer the
oDinon that such officer should De teHl"'0N 'N'
ara sis ssme nriNcpie was carried into the Con-
sttHtion of 1876 and into the CONSTITUTION OF ', is
found IN section ! Of Article \, which enp1MiSls pSi :
she Governor 20 rem9Xe SnsTlisi Z i,,, expcitiy de-
.isrss tbat such removal can be only after giNlns
such SoSiT 9lSfT copy of being heard IN his defence "
-hus u Will he that during elshg ;sars ;-,oS ns
an fte Constitution 20 remove local onoers mas
been restricted 20 remove rar Sss nrenared the
convention Tor the avowed puroose OF sssui,1s hs
STovisions which have quoted from Article ,hs Ss
the present Constitution. The chairman cha 1 "a ne
conVsntion declared that 'the committee ehueaN "a,
ored as Ear as possible 90 strip the fNe.4uN ~ a.
siosf5t Ia, tSe central Influence o, patrons &c
should be diminished, II not enoreS o'"''
FOR A STATE POLICE sUPERINTFNpENF- T.
In the Constitutional Convention Of lSS, pToy
.,cn was introduced providing for the aproihusi'
III state Superintendent OF Police by te eur .r.
eTnor and Senate and aI[nor5,nr % 5,s5-s II was de-
bated al length and was defeatee IN Ihe ST.' Nv
40 &aohj ja,or - he Court of Appeals sustaining the
so-cslles AIetropolitan Police Act Tor IBIS .na
Inc w ,Ss " qIop I' George r Comstoe, Judge
81 distinction and member OF the ,. W.
,-orsti,'Jtion has heen evaded ny mere subter-
fuse When speak ~ the eNasoh 3,r Sa M %;rtention
q, and legislative act which gets sronno me M,aI al
sntSn ssSsHSS y IS S St Tt mean by an evasion of
she Constitution; and repeat there hesi 80 ~a ~
more transparent evasion OF IL VIA" WV ~
which have iust spoken .,,,,- - tho
II 40 not believe sir that there stands snyyneFe
any man who looks UPON tss , ,bat there was any
- irtenttop on the part OF the founders or Inc
Conservation Of 1876 than 10 take away ahs ~
roWer as mis- exercised by the Legislature OF a' x
STATE over local municipalities OF goVv, &c. y 40,
In the constitutional Convention ot lSf a his pio-
vision was introduced authorizing Mayors ~ -
20 appoint the head ct the pohce iotce. 80
Il was debated at length and defeated W 'ne '0"-
IN this hill the Legislature arrogated to itself
rower and authority which successive eO..s.. es.oa
ttorei Conventions have refused 10 coOntehahC,s.
" assumes 10 exercise power wfich conpieee.s
nullires constitutional provisions that loI @ hSte
than nifty years have been un9erstooa. - . st.,s
20 the inhabitants OF the locaIllef OF wv '
she right 20 choose their own Officers
POWER MIGHT BE EXTENDED
=, ,s tr,e hat this bill affects only the police
force ~ one city n the State, but II II = WIN
- ,,rv--sr ~ fbe Legislature 20 make q Comrls-
.'ioue- ~ Police IN the city ~ New-lork hold ms
o0scA a. The pleasure of the Governor II Is equalI.
within the power OF the l.eglslatare 20 r "a
head Of a department in that city sho sNels CT 81
1,inistrative officer in every other CITY, t9NA W.
lege ARD county OF the State hold his once py 2
ike tenure since no local ofhcer can olStln "us @
Scrdea by the Constitution 10 the ofhcers OF ths
sity OF New-York .,....,., ,,,,
~ local self-govornment L IS al me more more eS ns
made. not openly. but IN an uhGerlaI1 ailI lo,s ~
direct way. Ia principle this bil aestoHs io.,a
Stste and IN its place substitutes system %
centralized State despotic control OF iocdl -;
As has been said BY the Court OF Appsa.s, liIs
right OF sef-gOvernment lies al me toln ~. - -
onr institutions and cannot be DESTROYED or ihtet
fered win even in respect 10 the smallest OF the
divisions into which the State is dlEloed tOr g99N'
.rnmental purposes. without weakening tfe ehutt
foundation: and hence II Is right not ohy 10 o.
esrefullv guarded by every department OF ths
,,overnn,epf hut every infraction evasion ot y
Is 10 be promptly met and condemned