New-York tribune., 1901-03-09
NO STATE POLICE BILL.
CONSTITUTIONAL REASONS ALONE SEEM
To BAR IT'S ENACTMENT.

Albany March s (SpeciaD.-The political wind
blowing about the State Police bill shifted rap
idly to-day. Only days ago prominent Re-
publican members of the legislature expressed
the opinion that such an act would be passed.
Last night as stated in an Albany dispatch to
The Tribune. doubts began to spring up as TO
the consttutionality % State police act-and
, to-day the same members of the legislature
! positive that state police act would be
passed.
There was a rumor here to-day that Senator
Platt had sent out invitations to prominent Re-
puhlcans attend conference in New-YorI
tomorrow upon the State Police bill but this
Tumor could not be confirmed here. and the de
parture of prominent Republicans elsewhere
than toward New-York seemed to prove that
the had no basis.
Governor OdelI started for Newburg at 2:35
O'Clock. The Governor said before his depart
ure: Il have had no request from Senator Platt
to come to New-York. I told him in Washing
ton that I should be in Newburg on Saturday
attending to some business which required my
personal attention. There is no controversy be-
tween Senator Platt and myself. newspaper re-
ports TO the contrary notwithstanding. and they
can provoke no misunderstanding between us.
LieUtenant-G Governor Woodruff went away to
the Adirondacks this afternoon. in company with
Senators Ellsworth. Stranahan. Higgins and
Humphrey and William Barnes. jr., all prom
inent Republicans. who would naturally be con-
suited if any decision was 10 be reached In
New-York or elsewhere regarding the Stats
police act.
A STRAW FROM THE ALBANY JOURNAL"
The nature of the difficulties attending the
passage OF State police act is significantly
treated tonight in The Albany Evening Jour
nal which is owned and conducted by William
Barnes, jr, the chairman of the Executive Conn
mittee of the Republican State COMMITTEES. In
an editorial article headed State Police and
Constitution" it calls attention 20 the single
headed police act for Nev-YOrk and the policy
OF responsibility for police administration placed
upon the authorities of New-York by that act.
II then says that IT is natural that the legislat-
should consider the necessity Of the pas
sage of another law, which would give the peo-
pie of the State control of the Police Depart
ment of the city of New-York' and adds
Whatever steps the legislature may take in
this matter. il must nevertheless he remembered
that the constitution Of the State contains an
important provision which the Court of Appeals
of this State declared violated when the
legislature passed the Albany police bill. framed
for the purpose of meeting a condition closely
similar to the one that now exists in New-York.
The Court of Appeals rested it's decision on
Article Y. Section ,. Of the State Constitution.
which reads follows:
All city. town and village officers whose slac-
ton or appointment is not provided for by this
| constitution shall be elected by the electors OF
such cities towns and villages. or OF some di-
vision thereof. OF appointed by such authorities
| thereof the legislature shall designate for
\ that purpose. All other officers whose eIectiOn
| or appointment is not provided for by this
Stitutiou and all officers whose offices may
thereafter be created by law, shall be elected
| by the people or appointed as the legislature
may direct"
A state commissioner Of police in control OF
the police departments OF the various cities
the eyes Of the court may be deemed a city
officer if the wages of his employees are paid by
the cities under his jurisdiction and not by the
entire state, and in that case. under the de-
ctsion OF the Albany police law his appointments
must come from city authority and not from
| the Governor
GREAT COST OF THE PROPERTY.
The argument Of The Journal in effect is
that if the State is to assume control Of the
police departments Of each city In the State it
must also assume The cost of supporting these
departments. u cannot take charge Of the city
police and have them supported by the cities at
fected- All the counties 0f the state those In
which there cities and those in which there
are none would thus he forced to contribute
| 70 the expense 9f maintaining state police ad-
ministTaton.
What has especially impressed the Republican
Senators and Assemblymen is the enormous
| cost of establishing a State police The state
has right 10 TAX, dollar OF the Police De-
PIrtment property Of the city Of New-York
which is valued at about Sl5oNDfNo. In the
other cities of the State the police department
property is worth at least S1OOpONO This is
a plant of enormous cost TO he established bv
the State The State authorities would have to
condemn land for station houses in each city.
and naturally there would he litigation hf a
tedious and expensive nature. The establish
ment of state police department in every city
would thus he costly. slow and tedious work
Every police department has pension fund.
IL is fund belonging TO the cities and sup
ported by them. What would become Of these
funds? They could not be taken by the State.
and certainly the cities would not contribute 70
such a fund IL they no longer controlled the
police departments Of their own neighbOrhocd