The New York Herald Newspaper, April 25, 1857, Page 3

i t a F dl i iy i fe i i in a ul iA i i i g uw “ ; Hell] j : i Hf 4 i 3 i AH i i [ i tl f : l I 4 i H s &. F i Hy i i i i 3° € By é ; ‘ el ti i fi H i Pe i i i ! F3 : 8g 5 5 F E i % J £ iy 5 | 5 Fi g t I : il ! H i F Ps EEEF vent it r i i i I fl : £ - # 3 BE E i i j tl E maages under of a public prosecution, and any one else besides party ia at liberty to “ open To tier laa esata very few exce} }) their approval. @e mails, struck on a reef opposite Fort Point, at the en- fwamee 10 the harbor, when leaving thie port, on the 20th femtem. She ie advertised to sail again thig (Sunday) evening ot five o'clock, after undergoing the necessary napatre ot Benicia, whither she proceeded after disembark, ‘@BB) wey found the vessel heading for San Francieco. ‘Me accident occurred in consequence of the Captain in- fending to gratify Col. De Rumsey, U. 8. A., who was leav- img for New York, by giving him an opportunity of taking @ mear pariing look at the fort, the construction of which Re had superintended, and which also was to fire a salute fm Bie honor. Getting too clove to the shore the Goklen Me accident occurred. ‘A2 ect providing for the call of # Constitutional Conven- Gee has passed doth branches of the Legisiature, and is perhaps the most important measure that has as yet been Breaght before the public. Among the press there was to the scheme, and even now itis 2 Dill has no force to revise that to a convention for that eomtendet reason of pot receiving Ber sBeser ar be Ue ie, by otis vo, a wi er ure, by & two- + mocersary runen rere a can é) In the Assem- number in ite favor was more than two-thirds of m f i i fy nn i debt. ? ze z £ Legislature, State debt themselves. he g < be reached before 1859. it to Satine he miestion by tho vole of the people next Mall, therd can no doubt tho debt would be av gamed by an immense majority; for two year, nae indicated: by the Convention heme passed, is’ rather triffing with the subject, or else a Projecting the rejection of the inde’ the 24tb instan’ a submitting it to the up according to notice. ref i at it the plan ws royeo | > the act to submit the ques. the iT shot Souvention to revise ths oon. ieveaty declare their unwillingness to act {n the the It is very unfortu should have manifested such sentiments, and injurious results may be apticiputed. No detor- | ‘of the question of assuming or renouncing the the people under the working of the Convention In the meantime the orld will California on the black list of re: States, al wa not hesitate to stigmatize her as People, becoming habituated to these terms of ‘and disapproval, will cease to regard them, and would be difficult to proguosticato. ‘acted on the unanimous recommendation draw up an act themselves for the purposo but letting it Ho over ES BE seer! st o propased by the next fall, will bo It ie generally understocet ‘vote that carried the Couvention bil! wil! de that the Coustitational x, Es £ 3 Aad tediness. H) i : g i i § ryt Hy f i i Pew evenings since. It was the work of an incendiary, and fewves tittle doubt of the malignant and dastardly ‘We wretch who war guilty of the sacrilege. Doctor Sos he ceraymen byterian) who last wrote @ better dicapproving the ovrage ofthe lance Corn ‘and since then be has been at different —j 4 Fy He was Dung 0 egy i froot of hikwwn charch, | am the Sabbath day, new af attempt is made to destroy Boies teccity paca wi gate 5 8 TAD —) Dn coated. But in San Francisco the Apan- ‘woul be treated indecently, and abuse on ‘a portion of dhe people, If he did wr laud and Beane the principles of the Comniltes Commissioners under the bill. ‘only question he pro | posed to discuss wat that of the fanadicton of the NEW YORK HERALD, SATORDAY, APRIL 25, 1857.—TRIPLE SHEET. THE MUNICIPAL REVOLUTION. Argument pe the Injunction against the , New Police Commissioners. HEAVY INCREASE OF TAXES UNDER THE NEW LAWS, An. Cniinenne, Re-crgsnising the Street LOOP-HOLES IN THE LIQUOR LAW. te, de, te. SUPREME OOURF—SPECIAL TERM. Before Judge Davies. Fernando Wood we. James W. Nye, Simeon Dreper, Jacob Cholwed, James Bowen, James 8. 7: Stranakan and S. 8. Powell. Faway, Apri) 24.—The argument tn the case of the in- Junction eved out by Mayor Wood againet the Oommission- era appointed under the new Metropolitan Poltee bill, was continued yesterday afternoon, at 4o0’clock. There was a large number of persons present. Mayor Wood was in court, geated beside his counsel. Mr. Simeon Draper, the President of the new Board of Commissioners, was also ‘Mr. Cushing, the Attorney General of. the Brate New York, attended, to watch the cage onthe part of the Lard Napier, she. British. Ministan. 40 phe, United cocupied a peat beside the Judge, and was intro duced to several gentlomen in the court. | dudgo Hamonds eubmbiod thepginds of bia asgument of | the previous day , a8 follows: L. Hincompetent for thie interfere by injunetion, and ig founded: i¢ elementary princi Be, biti ite power Of ihe Court 6 apply the remedy is coor: natve with tle Jurisdiction over the, matter. 4 Kent's ershaw va Thomptort, 41. 0. R., @O—28W0ry, om., Hae. 6A, . Tw. 989, D. and note, 1. ‘Where'a statute 4s in violation of the Constitution tt is tn the power, and ity the duty of the Court, to promannoe it vaid ‘and redress ap att already done, or prevent a contemplated gue, as the nature of the easemay require. Kent’ Com. 48 433, '"Taylor vs. Porter; 4 Hill, 144, Newell va. The People; 9 Lien, 97, 99, 109, 119; 1 8tory on the Const. Ch. 4, Cowles vs. avies: $ Kernan, 360, W: va. People; Ib, $86. sail: The act in question ia in violationof the constitution and 1. ‘The whole srope and purpose of the constitution in this Tespect, i to decentraize power and weatier it aboad aver the ‘a, The Senators once chosen in four or eight districts, aro ailered into thirty two districts. >. Phe Assembiymen are elected in single districts, and not iu counties, by twos and tena, and the ike. . The Stats officers are chosen by the whole people, and not appointed by the Governor or Legislature, at the seat of gov- enment d. Legisintive powers are taken from the same center and conferred on county Boards of Supervisors. ¢. Even the Judiciary is divided into eight provincial Su- preme Court, instead of one Central Court, ‘f. And much of the appointing power once belonging to the Council of Appointment or the Governor and Senate, Ix now diffused by general election. throughout the State, or ln ditfer- ‘ent divisions of ft. 2. In executton of thia general purpose provision was made for county and eity officers, that they whould derive thelr ap- polntment from the Jocat power. The conatiiution, urtiele 10, section 2, provides that such ap- ointment shall be either by ibe electors, or the authorities of tbe elty or county. ‘But this wet provides that ail the police force of this eity i derivo their ofl not from any loral, city oF eoumly ai thority, but drom the central power of the’ Stal is claimed to be Justified on the ground that the etatme pros ides for a larger wrritory than any county or city Iiniiia, End for euch terrors formed inva « district, creates «mew ‘Ollice; thus bringing ft within the last clause ‘of that section, “that all office whose offices may be hereafter created b: law ehall be elecied or appviuied wa the Legislature may ay rect” ‘To this T answer 1. Ita uot & new office. There are now tn this olty, nnder the present law, # Board of Police Commisstoners, a Chief of Pove, Captains, Assistant Captains, Sergeants, Policemen ‘and Dooraien; station houses, duties defined, compensation provided, provision for appoinimenta and removala aud gene- ral wuperiniendence. Tu wil this both «ystems ary the same, 60 far aa this city ie coucerned, The powers and duties, and even We nanos are same, . 2 In all cis there fs nothing new except the extension of the me eyxiem over a larger terrtton If the Legislature can avoid section 2 of artiele 10 by provid- Ang new distri, hen these thinay must foliow Tvcauno mutter Row much tezritory is included In the pew disirit, afew feei will be as good as so many weres or s. 2. Then by mingling New York aud Brooklyn tog. making one President for the two or aix for the two, lof selecting the Mayors inay be taken from ibe peop! given to the Governor, 4 ‘8. Ho the juctions, elvil and potion, may be thus appoinuad aud not dects ] | 4 So the Sheriffs @erka, Surrmgates and District At may be the Governor by barety Joiuins two counties, or even of them, oni, t thee is embraced a the district 60 mare than the usrriiory uf one outts:y, de it ever wo Uittie or ao much. 5. In fue, #1) that would be required would be to make the ame ns, Whaat one moment were county ofiowrs and elty ‘ofherrs, officers af much new district with the same name tnd the same powers, and then they conld be appointed by the Governor and not in dhe te 06 distriot, 6. The siatnte t niko unconstitutional and wold, becansa it appropriates private property w public use Wiwut Jus: com: nsau00. Ppection 15 gives to the use of the now Board police rob reezs son BN Ho Wie possession of cy. ‘provision in that westion aa to ownership, e., though it may leave the fee in the elty, yet appropriates ‘the possession | to the pr of this wtacute, end that possession is properiy tnd cannot be taken withont compensation, | Mr. B.D. Tield pened De cree on behalf. of the fall the public the Polloe De wo try this case. He had been asked by the Counsel for | the Corporation for his opinion as to the constitutionality of the act, and as ho had mot yet rendered that opinion he would not pow discuss the question of its constitutionality, He denied that the Court | had right to hear this case. He denied the power of the Court to grant the injunction, either as @ liminary one or @ final one. wasan aj Kren injunction previous to the judgment of the Court by | regular proces, and the power of the Court to grant this | provisional remedy would be found in 210 of the Code. Tn remedy, socording t the Code, must be in a case | where the Judge would te gen that the plain is entitled to the relief demanded, and !t must also appear that the plaintiff is in that condition that be could not wait | for tho regular fudgmont by process of the Court. The »wer of tie Court had been prescribed by the Code and Edmever been enlarged. According to the law of Ry land and this country there was no such thing known as an application for relief in a court of equity by a private Individual agalist the execution of a public law, that this w Tv show a private action ho read the following x tho complaint of Porundo Wood Aint, therefore, prays Judgment against the wald ay iin the noid Soto tee Le ited NAn ne! to eatabiiah a Metropolitan ide for the government thereof, passed Apri, 1867.” WA that Ur and earch of them may be perperually restrained aby power and & ty under ibe ray ime, and until the final judsm wai emer ndanis aid each of ad May be rs this Court, from entering upon the duties of said offiee of Misciomers of Potiee, from forming any Board of Poitier, a and w pr may he declared unconstitutional and void. A: Gr encan ween foroes of de oF rounty pon aking Pow of any telegraphi> apparaua, public ry Peoords abel a: cou iramenta now in the ‘ot y ‘of the anid sity, amd from in repost tho palion of Une CY wongoonas- ‘overgir in r By ty of Rew Torus or any a oWBicars, reonrds oc propes'y. ‘That, said eounsel, is the case, and the whole of it Whant was \t, he asked, that gives the Court jorisdichan, and when tr it that the Court has jurisdietion? It has jurts- diction of the action when it has jurisdiction uf the sub- Ject of the parties. Now, he denied that the eu! of Wie wetion was one ever which the Court Rad owon ; and he denied that if the Court had furisdieuon over the subject, the plaintut was @ party who had @ right t the relief demanded. The revet demanded that the Court should declare @n act of the wre of the State un. conetitational and void, it should teue an order enjoining efticers appointed by the Governor | from exercising their functions. And the cause alleged f* that there was en auempt on the part of the Isgielature t evade tie constitution. Could the | Court, be asked, dedare an act of the Lagisiatere uncon: @tiutiona!? Why, Ue whole right which « court has of | Jodging of an ect of the Legislature is incidental, and not direct. Otherwise there oould be no such thing a govern ment. There te no euch kind of jurisdiction as ever an ection broaght for the oo an eet of the Toqulstare uncoretitalousl. Thero never Rad been rich juriediction, and he hoped thore never would be. It had ‘onee heon propornd, in opposition to the Canal law, that an application should be made for leave to bring an action to teat the conutalionality of that oa but the absurdity of the propasition wes recognize, and it was therefore aban- domed. That question was incidentally dipoussed in the Pederalict, Ne referret, wo Ane at? he w, to the de. ¢iston of Chief Juctive Marshal! in the case of Marbury sgainet Madiewn. Ty was only when the Court was callet on t give effect to a law by a party coming before it for Yi exeeution, that the Court was au thorized to dewide upon ite const - He did not believe the pewnre! would conten! tat there was any power on the part of by direct action an act to be invalid. was no jure Getion ) rurtain an action for the purpose of an injunction against the exteution of @ law. was no difference hetwoan an action to declare @ Jaw anoonetitutional and an Prevent the execution ofe law, Here was a case judicaary power over exeontion of tts laws! If the € i seit iis i | i | and safety with he would not think of in defence of the of the Corporation. A Judge of ibe Marine Court [eras to grant an injunction the He extravagantly expending the buted. There had beeu no averment that the taxes ‘Would not be diminished by this act. [Sika ee ‘be increased some $200, as it so happens. Mr. Kield—Mr. Wood bas not based bis complaint on any such grounds. Counsel cited several cases to support his view that you cannot bring a private suit to abate a pub- Be nuisance untess the plaintit has sustained a specal injury, Mr. Wood coukl not therefore sue as a citizen. Couki he ‘then sue as Mayor? He could not. If he sued in his ofil- cial capacity as Commissioner he ehould have associated with him the Recorder and City Judge. If they did not join bim he should have made them defendants. Judge Davies—There is no wuch allegation as that he sues as Commissioner. Mr. Field—No, sir, bone at all; therefore he has no right to sue at all, and the Court has no jurisdiction. Where were they ‘now? The injunction did not restore the old Commissioners. They are gone irrevocably. The Court might stop the new Commissioners, and then there ‘was no control over the police, and the city is in a state of legal anarchy at this moment. Judge Davies—The police are subject to the old Board, fare they not? Mr. Field—No, the old Board {s extinct, and the police ts @ force without a head. Mr. O'Conor—No, they aro under the control of the Chief of Police, who is a city offer. Judge Davies-—The Chief of Police is not removed, is he? Mr. Fieki-—No, sir; but the police is in the condition of 4n army in the fleld without a general. Loar Davies—They are subject to the orders of the Mr. Field supposed that every Judge of the Supreme Courthad power over them as well as the Sheriff and other magistrates. Judge Davies-——Does not the new bill cantamplate the change of the police? Mr. Field—No, sir; {t does not. The whole power over the police is tranferred ipso facto to the new Board. The ‘old Board is gone. Judge Davies—But is the authority of the Mayor derived from the act of 1849 gone away? Mr. Field—It is ail gone. The power of the Mayor is derived from two charters, the charter of 1840, and the charter of 1853, Fach of these charters is declared abso- lutely null and by the new charter, which goos into effect on the Ist of May. Judge Davies—Wel, the miefortune will come then. Mr. Field—No matter what the Court may do now, all | opted derived under the charters of 1849 and 1863 will e exunguished next Friday. No other power save the power of the Ingislature, can save this city from legal anarchy after the first of May, and the Legislature has done it by this Metropolitan Psion bill. If the Board of Supervisors do not apportion the taxes to raise the money to pay the police on or before the fret of June next—as they are required to do by the thirtieth eection of the bilkthey ean get no ray for a year, The thirty-first seo- tion declares that after the first meeting of the new Board of Commissioner —which took place on Thursday—all the: functions of the old board ceases. Under these circum. stances he aubmitted that the action was unpreeedented and unwarranted; that there was no ground entertain. ing it, that to inverfere would be e ex. tingle, and thatthe consequence on thin devoted city wuld be disastrous, But great as that divaster would be, in his Judgment the precedent set by such an action: and puch an ton would be more disastrous still, The act or ex the precedent of to-morrow. No one ‘could tell what might be the result of entertaing this suit. piers the Court to dixpove of it promptly and effve ually. é ur utting flowed on the same side, anciroferred to ome authorities to support the main propositions of his Bw oclates—among them 1 the case to whieh his honor had referred, the case of the Brooklyn ferriey—Beuson against the Mayor of New York, 10 Rarbour, 223§The his- fh nd decision in this case he claimed to be in suppor of the propositions of his associates. He read th of a decision of the Supretoe Court of Ma sets, livered before Judge Shore in the case of Daniel I. 1 Dorn against Isaac Fanes, which appeared to bear on the subject. Mr. Chas. O'Gonor followed in behalf of Mayor Wood Much had been said about the very great importance of the present case in point of its effect on good order, poace the Metropolitan district, and it had alo Deen said that great as was its importance In that respect, that importance fell into insignifieauce in comparison with that of the example which was being set, or would be set, by the case now before them. He agreed that the example involved much tore important matters than the danger to peace and order—for there was po danger whatev Ponce and order—and the harmouious action of the pol wequence of what the court will do in restra of the new cotamissioners, The gravi example could not be overestimated. Some ton years ouly had elapsed since the people, in thelr sovereign capacity, adopted a contitution ‘which gave the — patro- nage ought to be bestowed by this bill to the » of the cities and districts into which the Naty was formed, and now they found a Lagisla. ture passing an uct in evaston of the sonstituion. He did not pretend that the inteution of the Legislature was material here, He» did not pretend that the validity of a law, parsed under whatever corrupt motives, could be called in question here on wecount of such corrupt motives. Hut a cvurt would certainly be jusuitied, where such cur roption exieted, in examining with more care the validity of {tv acts, and their conformity to the great charter under which the Legislature profewed to act. The reason twy called on this court to act was because the case war in bo degree doubtful. The Judge who woald give an opinion that this net war net manifestly wt varinuoe with the con- stitution, would subject himseifto trong criticism from all sound lawyers. The question was one of no dgubt, It This net was and against the of the constitution, He concurred with poop Ne was as clear a the great luminary of day. against the letter of the constitution, whole spirit tf i to refer to the by history of thie last Legidatore—end Honor was bound to notice tt—records this fact: that the Fa itt seeks very term, metropolitan, ahows it to city or the whole city. This was wo tw rid of the } kijjuucuon ot ‘Conid any example, bo aeked, be more monetrous, scandalous than that? A Legulatare, bound by eupport the eonatitution, are found sitting down in and deliberating how they could defeat the consti Put Hee > Superintendent, and preserves travewe then ints Richmond and Weetchester counties, and preserves their respective eystems. Tt takes under its mance Receswarily the providing of funds for the pay- ment of the police, and it enacts that the Commissioners shall declars—with the consent, to be eure, & the Board of Superyisors—what ameunt of m is necessary for the support of the police of each of tn ities and countivg. His Honor woult percetve tm the ure had been compelied to respect these county Lines, and keep the assesament of taxes for the of ese po. fice separate and distinet. They hed thus taken up four counties, the power of appointment, and kept ewob separate . They then erevted » governing body of seven tive to be appointed: the Go- Forom is ae a Eas year bie would peroetrs dhat the: thority draws od if the eonstitntional power fall to ner Ht. ey sic ee searees: of 3 taw was valid ‘a conatitation was to he strictly |. Fat it wonld isioners might, in ome Of these « ture could construe tt as tt chose. t was the office of the SoS ay Soe fot oo ‘and valid, so far as » county, town ed it would be in the er Daw civil divisions of the Sate, Seem 10 of civil appoint to fill functions therein? He would glance at some of ‘Ono the ep egnenees of it. branches of acity and town government at all periods of the history of this Lend thorities were elective; they were. officers ; Dht according to this bill, ‘that the police of four counties can be formed and appointment of iw antborities can Hate treasury. If the Sige Legislature why could not all the departments of the city be red to the Board of Metropolitan Commissioners ? hat woukl become of the Court of as, and of the it ‘county courts of record? Many \iges oF officers of these ed by the people, ig enlarged, it might be said that they are not courts of re- of and their-va. «| Sen rl rye Po Oe ction | Peat. swemisemnens tee] Court, and for the for the election of pende, r offleas in towns. Thug a, judiciary f & Jndiclary for the counties, a judi towns provided for. Where, he asked, was the the distinction of counties, cit what was there to prevent the Justice into courts for the dist and counties? There is no suc actual prohibition. Ax the Tegislature could mix up ove city with another, or make a district, they could make a court for it, and ‘make pro- ‘vision for appointing its ofticers. Would his Honor for an instant besitate if, in addition to the Metropolitan Police district, there had been erected a judicial court for the district, to pronounce act unconstitutional and voit? He did not betieve there could be found a lawyer of any sbadow of reputation who would say it was not. And if the Legislature had power to do the one, it had power to do the other. The tanguage of the canstitution was general apd the only negative that could be found in it is in the fair inference from the general intent. He thought that to go further in this line of argament was but attempt- ing to argue the exictence of day while the sun is shining. He now came to the section of the utmest importance in qhis case. The constitution saya:— county officers, whose elecilon or appotutment is not pro- Spe for by this cor ‘shail be elected by the electors he respeeti#e wo pointed by the of Sa Bervisors or other county #, as the Legislature shall rect, All eity, town and village offcers whose election or gprointment i not provided for by this constitution, shall be cted by the electors of Kuch cities, towns and villages, or of some division thereo!, or appointed by such authorities thereof ax the Legislature shall designate for that purpose. All oiber officers, whose election or appointment ts not provided for by this constitution, and all officers whose offices may bereaier be created hy law, shall he elected by the people, or appoinied, fs the Legislature may direct, He had before said that the people of a eounty were the original source of all power as to county officers. As to the lirst sentence of the section fust read, he said that the Reople of the county are supposed to be’ the source and nlain of power. Of course it was not convenient to have all subordinate officers electod. It was nocessary to have rome appointed; and the fair meaning of the section fs that where officers may be appointed as the Legislature may direct, the appointing powor shall owe its authority to the people'of the county or city; otherwise the Tegislature might appoint Jon Smith to acertain office in & county or city, and then direct that all other officers should be appointed by Mr. John Smith. This woukl be a stultitication of the constitution. Counsel read an extract from the address ied to the people by the convention which framed th onstitution, to the effect that in the constitution on which the people were to vote, the most important State otfiewrs are made elective by the peopl: of the State, and the most important city and county officers fre made elective by the people of the jocality. Counsel argued at length on thix branch of the subject. indge Davies asked whether there had not been some @ccivion made in regard to Loan Commissioners. Mr. O’Conor did not know that there was, but there had ‘deen decisions in reference Wo the Health Omoor. He was an Officer, however, not only to protect New York, but to guard the jaws of the North river, and protect the whole State more | yan [AB ie tameyely wd ne bree AG Te lain for sound minded lawyer to hesitate about it. None but a set of desperate } ay ee wouk! haye undertaken to trample ‘tnpon the settled law and policy of the Btate, The statate was against the whole scope and design, against the spirit tnd the letter of the constitution. Mr, Edmoods Pets, interropting Mr, O'Conor) said he Lindersteod that bis Honor bad made inquiry as ta de- Cinjon about Joan commissioners. There was euch a case— the case of Carpenter, 7 Barbour, 35. Hv quoted the case and the decision of Judge Willard in it. Mr. Noyes undoretood that the decision in that case was reviewed and overruled, Mr. O'Conor—We now come to the question whether it is in the power of the court tw restrain the action of these officers, and has the plaintiff shown a standing in court which would eutitlo him to invoke your assistance for that ose? He would first discuss the latter sition. ‘The law authorized the courts to take possession ‘of the police property. ge Duvies—Does that mean the roal estate where the and other property, telegraphie | nti here was a corpoator of | York and a taxpayer, and was interest. all other taxpayers of the city, in Uhit property. Counsel) argued at nome hength ou thos pout varta called hia honer's attention w the fact that counsel on the other side did not contravene the propos tion that an injanction cyald not be fesued except on a complaint for tr to property. Mr. Wood mae no such complaint, except as to the telegraphic apparatus of this city. That, at all events, woukd have no effet in pre. ‘venting the enforcement of the law in the counties of | Kings, Richmond and Westchestor. Jndge Davies—This cave nothing to do with the ere: cation of the Law tir thas counties: Mr. Famonde—I hope there will be no modification of the injunction until Thave been heard. Mr. ©'Conor, for his part, thoughe th jection to any Merdifleation of the iyanction outside of the eity York. Judge Daview—On the caxe before me the complaint ly | a» to injury to property of the city and county of New York, and any mediicaiim of the injunction which may be de-ired to permit theee parties to perform any duties in ngs oo mty, Westchester and Richmond, you may tike, veryilung in relation to the city and county of New York Trhall retain for further decision. . Mr. O'Conor hoped there woukl be great caution In wording the modification of the injunction, as the Commis or COURTS, adopt Tw. sures which should be prevented. Judge Daviee—My iiapres ion now le Ghat the Commls- sioners May act in those counties without affecting in any: way the property of New York or Use Police Department ery kh we that ph shouk! meet the Judge at 10 o'clock to morrow ye what modifica. dee isha om they Lon eheaid be made fm the ” aga goners| argument ie ferery Adjourned as 9402. M. BOARD OF COUNCILMEN. ‘Thie Board mot lat evening, the President, Mr. Phultips, preobding. As soon 8 the minutes of the previous moeting were fread. on motion, the rules were euxpended in order to wake wy the special order, which war the adoption of an ordi- ounce to reorganize the Biroet Department of the city of New York, conformabiy with the new charter, referred to special committer, They recommend te adoption of We folowing bu- reas AN ORDINANCE ©O RE-OMGANIZE THE STRERT DEP ART- Naw? OF CED CITE OF NEW TORE. i # ordained a wa aly ci ew Ri aio Coane rt med OF the Street Department. 1 Of the Pireot Departmen: and itt Burenus generally 1], Of the Birest Qommimuoner, hie Deputy and Oerka, an UL. Of the Bureaus in the ntroet De; THC 1 nes, makdn, repairing hg ve rng wes aod punmpe, wad Saeat tie Ecporaden "the ty My ‘raat, end al other theref: Bisa repairing. Are enzinee wose cnr twons ond olorr nitekines tod syparsioe fet te une of ba ‘ahail be eloven Hrrvans tn the Mirnet Depart. men Durewa for dre buthiing ant repairing of wharves and Sr ccna ener Stas wr tty na . Bend 7 "yt wells act pumps, tbe enllod the ‘ur ihe anpp isin of the pubis toma and effinen rporptlon, Whe coer poseas. th potion satin botane hank and ladler teases a A Lap wow olkt | (Gee ee Sia serork of toe chy ona of tna tor tbe of and of advising and diner PTa'R byron for the tospection ard tegultion of thy pb ye grounds and parks, fo Be called the "Barons of Lande and PAR bureau of the Cky Mall ant Park, ‘The dution and salaries of each of the offieers are apaci- ag Lp adopted wihest amendment, 4) vot ° wae ing affirmatrety and 8 negnitvely. HURD RAADLVO OF MILA Aspong the Diity which wore Soalty passed are the fol jowing:— the increase of the salaries of the Cro- ton Aqneduet Board and the Htireet Commissioner, the par- ‘theulars of which were given in the Ha a few daye Suprewinting 95.000 for additional legal counsel io last Ing validity of the new charter. PPrinting a special committee of tive to make arrange ments for the velebration of the 4th of July, and appro- Printing $5,000 for that purpase, Meceidee the to pay Patrick Coyle $1,100 a heey ee: ‘The Chairman of the Finance Com- Imbtce (ir. Jouee) sald he coud nob couseientoualy sign Ahat report, for two roasona;—Firat, the city was Tupt; and kerondly, he undentood ‘that Mr. Coyle haa signed a release of all claim in law and equity upon the City. The bill, however, passed by a karge voto, . FRANKLIN presented! a resolution requesting the City Chamberiain to furnish antaemont of the daily balances aml overdratin Ainew he hay held office, “Adopted. SALARY OF TEM MAVOR AND CYTY INKPRCTOR. The Board resotved itself into a Commitis of the Whole, for the prrpess of consklering the report on salaries and offices on increasing the salary of the Mayor to $5,000, to.date from January, 185 v. BRAY objected to Board taking action on the r tonight. The Mayor, in s communication, said he did not want his nary increwed, ‘A Vows—He bas chauged fis mind Mr. Baavy, continuing—He affirned th nified his intention to resign when the ne the Mayor «ig. w Police Dill was ers expressed themselves tn similar lan. guage. Dr. Jovns was opposed » brietly hygion. vd that this Board would, wet. inconside Sf they parsed the motian. © Feport of the seme commitior, increasing the pict the City Inspector ta: was adopted; otter whi ttle committer reve and. accepted the report’ of the chair- , and the Board adjourned to Mindy afternoon. EXPENSES OF THE CITY GO. _ VERNMENT BY ALBANY LEGISLATION. CREASE OF KXPENDITURE IN THE POLICE DEPART MENT—CHEATION OF NEW OFFICKS—COMPARATIVE EXPENSES UNDER THE OLD AND NEW LAWS, ETC, Aside from the objections which are attached to the new Police bill, from the necessary transformation of the departinent into a political machi from the muitiplica- ton of superintendiug officers, which must produce confu- elon; from the complication of the system which embraces districts of such entively diverse wants as New York, Brooklyn, Staten Island and Weschester; from the utter irre- sponsibility which mast ensue where there is no one gane- ral head; and from the creation of sinecure offices, there is pull another and far moro tmportant which is the = fuersased expenditure without ensuring a more eificient force, carefal computation of the cost under the old and the new system, as is shown by the table given below, it appears that New York city will, by this new Police bill, he subjected to an increased expenditure for the police department of over one hundred and fifty thousand dol. lars. The republican Legislature, net satiated with taking revenge upon the citivens of New York by placing the police departinent in the bands of their republican friends, Touat needs go even still further, apd impose upon this already overburdened city his additional enormous amount of taxation. It will De observed by the tablo that sevem paid com- miesioners are substituted for t Oty Judge, who received only t no extra co Asinecore office of treasurer is created at a salary of $5,000 per year. Mix deputy clerks are crealed at salaries of $1,000 per year each, whose duties have been a@lways heretofore performed by men detajed from the patrol foree. Two deputy superintendents are created at salaries of $2,000 carh per annum. Five surgeons aro created, at salaries of $1,600 each, i place of being appointed ‘on the pa- trol force, and detailed to do surgeon's duy as heretofore, ‘The bili provides for forty precinets in the police distr 80 that, allowing Dut twenty wo precinets to New York, the increase in the xalar the captains will amount to $2,400 annuaily. are tobe ony hundred and tify sergeants in the district, to take the plaow of the old liew tenants. Supposing that there are the same numbor ap- pointed, th eased expense on Uiem will be $4,000, and the increased cost of patrolmen is 110,000, But should the new commissioners choose to appoist a greater pro- rtion of sergeants and patrolmen, the increase will be greater tft has been staal. There will also be ex.’ penses for fing up oftices, &e., attendant upon every com: Diission, amt amounting to bo mean figure, which have not deen computed in this estimete, But let the figures speak for themselves, ‘The following table shows the comparative annual ex pense of the Police Department, hefore the passage of the bew Pobce Dill, and as contemplated by that act:— Bapenses under the ola tana, under the new Lew. ‘The Mayor, Recorder and Gity Judge act misisoners are wo ed as Potion Com: reeni ve $8 per Kem missioners without sion, estimating extra eompenha wight pessions por on . vo NO pay, — month, will make 65,276 Treasurer—the Ohiet Treasorer.........5 8000 Clark acted ae guch No pay Chief of Polio... W) General Superinten- Clerk to Chief of Po- One Gerke 2000 Six deputy clerks at $1,000 ewch....., 6,000 men's pay. There were po euch Two deputy euperin- officers under Ue a 4,000 okt law. ‘The surgeons were Wve surgeons at ‘Appointed on the BL G0 . 1800 patro} foree and de tailed from thence Twenty two captains of polioe at $1,000 22000 om ‘ Twenty two tnepert- at of police 770,000 Total er the oid taw Deducting te expenw an $150,976 w Mild Pn Increased annnal expenditure hy thy RA PRNMEN OW TUM CAN ark bill, a board of seven commimioners salaries are to be tixed by the Governor. are, Their expenditures aro ny wien of thse Dit INURE Ret ON FUNDED INT NOT TO RECKRD B00 (00. fee. 9, No plan for the gout, regiiauon, and govern Biot of said park shall be adopted or underaken by the com tuisstoners, of which the entire expense, wien funded, shuil rejnure for the payment of the aunual interest thereon @ Rreater wut ye Rundred thnisaud dollars per annum, Donbtiess no plan will be selected which will not lavolve acost fully upto the limited amount, and it may be ex pected that the salaries of tbe commmisvouers will form po inagmubeamt item in tbe ataount. AXP HREE OY TH NEW COTY HALL, RRO. ‘The New City Mali comraission will ako have @ large amount of menoy ty @isturwe, and will add heavily to tho tax levy. The Pxeite Guininissioner: will receive pretty fat aalarioe, though, " will be offvet by the anwunts bonuees. changes Cro determined with any accuracy unul they go inte operation. The same numbor of clerks aid attaches, more, will doubles be employed. Their salaries will regulated by the heads of the respective " Thus it & apperent that the tax levy whieh sucha formidable array of figarcs for due year, bude fair to swell to en eppalling amount [or pext year, and it may be « ques- Gen whether the tare: will net yet abvorb the substance of the freeboldere, leaving wone tw sigu petivons far iiquor incense. MISTAKES REAPKECTING THE NEW LICENSE Law. It seems thas there te a perinus moundersianding among. the liquor dealers as ty some of Ue mort important provi- sions of the pew liconse law. It le generally suppored that the twenty freehoiders who eigu for the party who wishes t© take out @ finens® must own their property and live tn the election district where the hotel or liquor shop ie to be located. This is poteo. The fr ers qnust live in the dirtriet, Mt is true, but they can own the where they plense; wod hence & peron residing Mm the Sexth ward ho, owe property in St. Lawrence county can sign on behal! is Beigh? or By ir provision the law will be very grnerally evaded, fe {f Hl be impossible to determine Ube truth of every ors claim to be @ property holder Me fact will no doubt call into exietence a number of eocietios t frecholders, and the “vote your eelf a farm’ Deyn to Jovk wp. Another mistake is in euppowing that the new law re ree Nication for license to be made atthe County Gore within eight days after the act pansed. ft seems @ number of ite have already been to the County Clerk's office, wi they were informed that their be tied eight days afer the beanse iv 6% & matter of record. Yt be buy that the new law permite the eale ot ger bier and tle withevt Hlornse, berause they are not in the it orem that the eouR we boon decided by the ale antiporter in all ts forme, the lager bier sellers are fame box with the other {vquo? dealers. SHE NVW POLICE LAW IN BROOKLYY, Raormte, Aptil 35, 1839.” f ro ren 7% Teer in ee ct oft and taer the ne eee oe) ci saregne te ‘cent of Fiha tom ay the sae a courts ghall hare ot. tied the on aha cmt tow it T. RORTHUP, Anditor of city of Brooklyn. Warcack’s Twkartin— Min, Ruacw'd Bicwmrr— This ariiet, whose merit ts universaity acknowledged, has bis bauer at Wallack's to night. ‘The foature of the biti te Bronghann's popular comedy, « The Came of Life,” in whieh Mr. Blaleo plays Adam Greenieal, one of hin very best oharacters. ‘The plete in otherwive enet to the fii rtrengtt of the arin vad¥ Company at thin Rove. THE ELECTION RIOTS. ney, dic., dic. * COURT OF GENERAL. RESSIONH. Before Recorder Sm.th, PORTPONEWENT OF CAPTTAL CRARSA, Arrn. 24.—At the opening of tha Gourt this morning dhe District Attorney called three capital cases, namely: Dor- fay, the negro charged with the murder of the girl im Worth street; James Miller, with the murder of hiv wife; and Michael Wogan with arson inthe first degree. For var rious reasons they were all postponed tll next verm. ‘CONTEMPT OF COURT. Counsel tor Neal Duly, a police officer, charged with an- saulting Patrick MeManus, applied for a postponement of the trial in consequones of the absence of a material wit- ness, who was a mate of a vessel. After @ conversa tion between the District Auorney and the Re corder granted the motion. {The complainant, it seems, hag been compelled to attend court repeatedly, and bis 1 " nation Was 6o great at being subjected to #o much that he gave vent to unbecoming language. Hie Honor ine structed one of the officers to attent bis as he wan weaving: the room. When the Recorder asked him why ho oen- sured the officers of justice, he replied that “he did not understand it.” “Ill make you understand it,’ said bie Honor, by, falng you $15 antempt of court’? Me fanus called his wife, wi pt the purse, and prompily paid the fine, N OTs. THs KLACTIO! ‘The District Attorney then rece and ald that, according tou public announcement made by hin on W y he desired to try the Indictments found against several parties—some of them Co charged with assault following remarks wi ants, the Diswict Attorney aud Recorder Smith;—- ‘Counsel for the defendants—I am not r ‘WO proceed th'the trial of these cases, for I dict not receive the warty ice from the District, Atorney, however, bev y de * a for deat, will arrive tn few moment, Geo . Jose Cases are not 40 important ae tw requive thelr imane. atiste disporal, and do pot think that the onde of * Justicn, will be sacritleed by. « postponemant af the ee z © defedauls ti] next term, Recorder Smith—I think atl these cases are very: portant, 9 and therefore. differ — mavork in opinion with the counsel, Charges against pab- lig officers holding high and responsible position, ag some of these defendants occupy, are of all other dasea those which should be tried with the sroaient possible gpeed, both for the credit of the,city and their own reputa- On tion. ‘The District Attorney—An application was once made to remove these cases to the Court of Oyer and Twrminer, but as that Court was not then sitting, and would pot be until April, entered into such a stipulation—the necessity: and temmt of which does not now arike in discussion—4o keep them in the Court of Sessions for the purpose of bay- ing them speedily disposed of, and they were wet down for a cerwin day. They did not seem to be ready ‘on the part of the defence, and the learned counsel re- peatedly told me that he would agree upon aday wy them, but either the matter élipped their attenuon or was neglected from day to day until I was compelled, on Wednesday last, as your Honor knows, on command of the Court, to uke steps to bring these vases to trial. Some of them ‘equld be dixposed of at the Special Seaious if your Honor will hear them there, for they can be tried in a few moments, It is a mere question of assault and counter-assault as regards the facts of the case, and of course the legal importance of the charges in respect to their bearing upon public justice, is at your Houor states, highly motnentons. Tt was stated on the floor of the Lagia- lature, in a very brilliant speech made by @ member, that sidered as the Habbath of the elector,and violenes made and injuries infietod om that day, onght to be punished more severely than on any other, and by the terns of @ recent act that suggestion has been ‘carried into effect; and personal violence | upon an elector on election day is regarded now by tbe law f great magnityde. —It makes it a State prison offence, does 6 not? The District Attorney did not anewer hia query. Ba remarked: “(am here (o try these cases, and the men on the other side must bring themselves within the rule, becaus ature of the cases ara such ad to Oom- pel me to take a decided stand.” Counsel for the defendante—I ds clate ehould be here to make the upon these affidavits, with suc re that my senior anno- pplication to the Court ommpents as he may think Proper to make upon the facts therein contained. We are Perfectly willing to have the cases tried before @ of the Oyer and Terminer or the Conamon Pleas. I ack the Court, asa matter of courtewy, that We applica. tion for a postponement be granted now, as the com ly made to your Hovor, or laid over ull my rrives in court. The moment 1 received netioe z anos wonld be callod io day (which was Balf- past ten this morning, and that casually from a report im ‘One of the morring papers.) I eame into court, ‘The Distriet AUorney—The stat of the case ia thig there Aofendants claimed that these causes ought pat to be Fes, bes reyour Benes, heoaere, te Wed nog A ailidayite of complainants. 19 in your & magistrate you did take Kome of these ladeviens Cal on the other hand, some of the eomplainants apd’ wit- Qesces with whom T have conversed from time w time Object. very etrenuously t having the cases tried before your Honor's associate, Judy Russell for come rear fon or another best Known to themavlves. | eanuos concede the validity of either of these objections; tere- fore, In either aspect thse now thé gentieman has position—coult never be tried ankesd. as he has ‘a Judge of th nen Pleas sbould wn here, or have th Mre, Qunningham it sought to remove their Crial from this court to the Oyer art Terminer on the ground that both of th ‘strates of this court acted as assistants mt te Coroner's inquest, and took that interest in the ease which, lafirm, every magistrate should have taken on a pre- liminary examination. The presiding Judge, ander the revived etatutes, deemed the cases unnsnally important, and hence removed them toa higher court. —T eannot sea the validity of these objections in the present case, It iv very true that at the time these applications were made certain facts existed which do not now exit, and upon which I based my etypulation that’ the cases snould remain in the Sessions. T know of no such prinel- pie in criminal law of refuring.a Jodge on the grownd of being concerned in ‘the preliminary examination; and if that objection shold be considered valid, it has existed fromg!! time, for it haa been the ani- or men 0 in magistrates, preiimi- and examine dt then uumption of (be law always is that the jadi- perfectly unafivcted by any outside circum- thoes which occur a postponement of th ly, or that hi rt. If the counsel Ss apoN te gronnd of es ure almont, that is nte—My learned asseriaty haw repared bt that point, and T trust thet eve Metriet Attorney will not prewe thew det where such an objection i Judge of the Common Pleas willing to proceed to trial at an early day. Dotrict Attorney —I wish it to be distinctly understood that I will never allow the validity of an excuse tke that. hould go and ask another Jirlge to hold th ard to my convictions of di tent and their adjudi the citizens. “Wea that those eases Loonsider a very frivoloas one. The idee thas & Judge upon the hench enters upon the trint of cause with za Yrolings is something which should never be tolerated; Rad, for my part, I that I will not tertaln exeuses of that kind for the « in these caw were taken by mo: it ie true that om the 4th of last November—alection rpetruled hy some persons, and To ere Ammons them’ T succeeded Im procuriag tear. reet of & few, bot comparatively few, for the reasan that {cod busin in potion oa Uhat day tn deni me in queling the riots. Lvent the papers to tho District Attorney's offer, kod a number of indictments have been found againet the am not de of them—to uw they are entire at 1 only know tha’ they are charged with violating order i of the cominunity , and ae one of the ain bound to protect them from violence. are Innocent y can be tried at well ‘another; and if guilty 1 shall panieh all the full extent of the law. Ido not consider cure offered tn good—tn fact, there js ne me. Ifan affidavit is shown why ready for trial, and good cause is should be put of, 1 will eheerfall for I would not wish t harry on No duty that I ever i 8* i Ht al ly haif an hoer, while the judge were awaiting the arrival tel,’ which was broken by the Rocorder, who Tirtrict Attorney that under all the circumstances he as well to put down thie cases for Uhem to the exciasion of every other A\torney said be would confer with Jonas B. war assocuted with bim in the These two gentlemen held « few moments, ufter which Mr. Hal) aaid they sent to the penement. The casts to be pat down for tho first Wedsesday erm. . The Dtrict Attorney remarked that if the Recorder in town he thought they would be able to hokd doubt court ‘Than ended this interesting episnde. Neon was the only proraivent defendant wo fell 2 raul | : PCHARER OF ZMH GRAND JURY. Aflor the hus ness af the Court was transacted bis Honor for the Grand Jury, who immediately comme late coert, foroman handed the Clerk a po! P 4 ei aed their bee ‘The them the prompt, @mnnee Tewe'dotlon,, and ‘ment ‘ectertay offeer Walh, one met taheeih, Court OF Semeiors, arvenihd wena ee se ead to be the ait exenwive reneiver of goods ta Une ety. TCV? FOR ALD ex: sia naires Ieinsaeees egelaes d found three ot J bs plement from hie ke They bad proseented him tn @ evil court, and j leat at if if H ie f ’