New-York tribune., 1901-03-20

TRICT WHICH SHALL INCLUDE WEST
CHESTER AND PUTNAM COUNTIES.
bill creating a new metropolitan police dis
trict. removing Commissioner Murphy and Dep
uty Commissioner Devery from office and plac-
ing the police affairs Of New-YOrk and it's
vicinity under State control has been drafted
by lawyers representing the Republican or
ganiza tion. scrutinized by Senator Platt and his
associates. and agreed upon as measure to be
enacted into a law before the expiration of the
present session of the legislature
For the last ten days Frank H. Platt. A b.
Boardman ex-Judge Cohen and Justice Goodrich
have been at work measure which is TO
place the city police under State control and. at
the same time. avoid any constitutional infrac-
tions. They have finally agreed upon a bill
which Senator Platt believes meets all require
ments This will go to the legislature this week,
but will probably not be reported from the
Senate Committee Cities until early next
week. 1t extends the boundaries of the present
Metropolitan Police District to embrace West
chester and Putnam counties. and practically
the entire watershed.
When Senator Platt was seen last night and
was asked about the new bill. he said:
"A new bill has been agreed upon which
think in way clashes with the constitution
and yet will place the police under State con-
troll"
do you expect" the Senator was asked.
that the bill will be tested upon the ground OF
it's constitutonality?
II suppose" said the Senator. "the bill will
meet with opposition on this ground 1t is no
more than be expected. but we intend to
give IT a rigid test ourselves. II will certainly
come before the Attorney-General in the due
course of procedure, and he will give an opinion
upon it,
do you think that the bill will be passed and
signed by the GOVERNOR
II certainly do" said the Senator.
1t was generally understood among the poll
ticians last night that Senator Platt and others
in the organization who agree with him in
gard to police legislation have found what they
believe TO be a constitutional measure. The
friends of Senator Platt said last night that
Governor Odeu had sturdiy opposed additional
police legislation on the ground that il would
be unconstitutional They assert that the Gov
ernor declared that he would sign any bill the
legislature would enact giving the State
troll Of the city police. provided that the measure
was constitutional Senator Platt and his
friends say that the bill cannot be success
fully fought on constitutional ground. that II
meets all requirements. that 1T will command
enough votes in the Legislature to pass 1T, and
that the Governor will sign it,
The bill will probably go to Albany within a
day or two. and then will come the real struggle
between
additional police legislation The general i'm
preston among the politicians IS that Senator
PIatt will exercise every resource and every
channel of influence and power to have the
measure passed. Whether Governor Odell and
those who believe he does that there should
be no further legislation will be able TO defeat
the bill remains TO be seen. There was no one
here last night who could speak authoritatively
for the Governor. but from Senator Platr and
those associated with him came emphatic and
reiterated assurances that the new bill If sent
TO Albany would be signed by the Governor.
The Senator and those who drafted the bill
base their contention that it is constitutional
decision of the Court of Appeals written by
Judge Denio in 1857. the Metropolitan Police
bill of that year 1t was concurred in by all but
two OF the court, Judges Brown and Constock
dissenting Under the former measures pro-
visions Simeon Draper and four others were ap-
pointed by Governor King as Police Conrlis-
siOnerS for the Metropolitan District of New
York embracing the counties of New-York,
Kings, Richmond and WeStcheSter- Mayor
Fernando Wood opposed the bill and ordered
the police TO recognize the officials ap-
pointed by the State There were riots and
Court of Appeals. which upheld the law. The
statute partially repealed in 1873. and to-
tally repealed in 1881. A second decision in sup
port of the law is quoted. in which the Court
of Appeals in 1873 declared a similar law EN-
bracing Albany. Rensselaer, and Schenectady In
a police district 70 be constitutional
The opponents of the proposed new bill cite a
decision given by the Appellate Court in 1873
when similar points were involved IN a police
district for Troy. Judge Allen declared the bill
TO be unconstitutional There seems TO be a
lawyers argument both sides, and the poll
ticians are keenly awaiting the prospective
tussle at Albany