The New York Herald Newspaper, June 18, 1857, Page 8

| 3 i if BEs™ iH ; i i a i i i i i ‘i i [ i i i i H i & | 5 iM H rfl fi reetnn ae 3 : i i ; i & * General Sandford, however, stood on the steps, and mo- Goving the crowd beek win bis hands, shouted to them Wai ‘overs thing is outet, there ix no more distarbance, aux you cay all go to your homes, saustled thet there will be Bo more Hgbting.” He was soon recoguized by the crowd, who guvo three cheers for General San iford, Tue party then celicoted in the Recorder's oifive, when the ing RAOe took place:— Reowder—Woll, Deputy Carpenter, did you serve your warrant Deputy Orrnenter—Yes, sir, I did, but the Sheri(fclaim. Od the curtady of the Meyor until the habeas corpus case is Meonied, stl 7 delivered the warrant to him to be execut- ed at that time. Recorder—W ell, Oapt. Speight, did you serve your war- Pant on fro Mavor? Care Ap ight—I did, sir. Reogrdor—You tok him prisoner and handed him over We the cumtody of the Sheri? Capt Speight—I aia, sir. Reete ior—Lie ized you as officers? Capt Speight —He dd not say that be did not recognize = T took it for granted thet he did. oer—You both arrested him, then, and turned bim ver t the custody of the Sherit!Y ‘Gaps. Speight and Deputy Carpenter—We did, air, Revorder—To anpear before me? Ca. Speight—The order was made returnable before yea. Kecorder—Thon the majesty of the law is vindicated. At no one time sould there have been ess inan ten thow- sand people wikia she park gates, They were not merely curious homers: bat were evidently people who sym Paibized with the city authorities, and had there been any @urdreak the Metropol tan po ice would nave been compel- ded lo Buber from the exasperaiad populace Tho reverted sutenton of the military to tako possession f the City Hell, {p the event of any trouble arwing from Berving write gpon Mayor Wood, excited not s lute cart- @ety avd wvet fear ef gloodshed. It was uaderswwod that Av auempt world be made to serve the warrant upon the Mayor by beputy Carpenter, and in case the later could mo gain emittance the Metropolitan police would be ceed, aed were they to fail then the military would take possession of dhe vity Hall, The rumorn were detailed in a variety ef ways, aud all meaner of eburd stories gained ready credence ° In one ef the groupe was recognise: @ distinguiebed politician, eagerly canvessing the pros and cone; and being anxious to stay op the fenoe he dodged his pinion to whatever ride he thought \ikely to ‘go in and win.” A stranger, evi- @essly not-inowing the state of affairs, or the aifairs of State, inquired from a bystander the cause of the crowd aod the petrolling of so many policemen about, when he wes imme: ately answered. in a pare Milesian voice, freeh from ibe iapd ‘of “ saints.” “ Arrah, isn’t it to see the Lord Mayor go out in state.” This sally gave rise to a shout of erriment, and the guardiaus of the peace, think ing the disturbers were about making an ofiort © pash the Bne out of order, dow ished their clubs and told the speak- ers to move on. Thus the day paseed in @ state of feverish excitement. Atonetime the Mayor was to be dragged dead or alive acrors the Park to the Recorder's office, aod the pext mo- , 8t the head recently Newourg wae down to take possession of the prnig The it the Park was that the Metro. polwe, six bundred strong, were coming down body to lake possession of the Street Cummissior er's tice, and instal) Den. B. Conover therein, and in tho event of thelr being driveo back to call the military wo ‘eeu aid. This ramor was very generally creditet, and many expected to seo # bloody Ogbt around the Hall of Records. But fort: Boe such demonstraii: . jon wan made, though It is current! y believed that sone such at- tempt will be made this morning. about half-past @elock in the afternoon Mayor Wood was seen leaving the Hal), and be was greeted with loud hurrahs and caeers. Be entered bis carriage and drove to his home oa the ‘BMicomingdale road = The crowd aborily afterwards dis- Pereed and “order reigned in Warsaw.” MOVEMENTS OF GOVERNOR KING—THE Na- TIONAL GUARD OF NEW YORK. Bostox, June 17, Governor King lef bere this afternoon in the three o’- ‘hock train for New York, accompanied by Colonels Se ard and Leroy, of bis staf. During the forenoon be re- Cetved a despatch, s\gned by some of the State Police Com. miamowers, requiring ais immediate return, and asking that the Seventh regiment might be ordered tmmotiaily wo New York, as their presence wa indicpensable. Tue Governor according!7 immodiately crew up aad signed an ercer for the regiment to leave ai balf-pad lve. ater tue Governor bad goxe, however, and ail the preparations bad been mude for the return of the regiment, Col. Duryea re oetved a telegraphic message from General Sandford, tell- wg 0 there was no necessity for bis ummediace retura, * unon Col. Daryea countermanded the order for whe vetur of tbe regiment, TS ERS PAS BEL Proceedings tn the Cuurt of Appeals—argu. | ments of Messrs. U'Conor and Kdmonds for the Peopie, and of Mesers. Kvarts and Cat- ting for the Albany Commissioners, Aunaxy, June 17, 1857. Bofere Denio, Chief Judge, and Judges Johnson, Comstock, Selden, Brown, Paige, Sbankland and Bowen. ‘Poorer OF TEE fT)TR OF SEW TORK, ON THE RELATION OF FEENANDO WOOD, MAYOR OF THE GIY OF NEW Tom, PLALTIFYS AND APPELLANTH, VS GIMBUN DRAPSS, JAMES OWES, JANE W. NTE, 44008 CHOLWELL AND Jamas & T. EKAXAHAN, DAFENDANT! AND KIMPONDENTS ‘Tee Court metat half past nine, when the aase of the Metropolitan Police bill, standing No. 403 on the calendar, wes called. This care embraces also the mandamus suits Against Cty Judge Rorsell. ‘Mr, O'Conor opeued the argumont for the plaintiffs and ap- peiinnw. fe fai that the case was pot only one of very grout interest to the poople of the State of New York, but exoinently interesting to the people of the cities of the Stave. There were ineidental circumstaaces connected wit no deeply anxious attention. The importance of the question coud not well be overstated or sverestimated. Sul it was Rqvertion of fo litwe intrinsic dittioully, aaa Judictal ora Serensic question, that it appeared to bis mind to be quite a @ouk maior w cotermine bow be shoald ocmpy two ours. it war # question oocupyiog an extremely narrow eompans, moet rimple in clucidaloa, and sureept vie valy of , Ratwral argumest. He would pr very direct ly the questo, and preseus it with as much clearness and conciseness as possible. First, he would present, ia the words of their sttement, brief history of the law the facts immediately connected with the case (Pub- in yesterday's Hmxatn | thougbt though that were might be some other fea. the bili, all thas were very matorial were uclaced faioment. The case prevented bute ringle qace Ahat wae whetber this act was Coasticuvnal. was petbing elec in it, except indeed that saw (hat JofenJants bad made a puoi thal & gur-war Was not adapted to such @ procesdiog This case Id be found to tara oa tue question Bow the constitu tion was Wo be ircated by the jusiciary in reference to the qederal question of ie cousiruction, of bow the iustrument aan «hole was w be construed. Thore who contrived his device, rested their claim to sumtac it ou the ground tnat hu precie, rpecidc thing te Bot, in precise and pointes terms, defined we an offence against constitutional law and forbidden to oxiet, in Degative wrme. That was tie only argument on which the defence rented, except Ba atiemit to maintain U ai some twenty worde at the end of ove of ‘ke vections of the Constitution had we effect of aul staa- ally defeating the policy Of the iastrament in most of its features, and anpulling two thirds of ii expross This lauder argument supposes the Const.taton federal, to be «sort of last will aul levtament with a it 5 F Hy fit aimintetration of justice. So that dom which hes pot within some Every county is governed by « yearly officer—the ‘This is rather better and more eractly expres ed in awork devoted to the office of Sheriff in page 3- showing that this division is as oli ag the time of Alfred. The English name is ‘Shire,’ which name is taken from an old word—the verb of which signifies to divide The shire of Ragiand is a division of Eogiand according to the ancl nt language, and the “ shiree” is the keeper of the shire. “Sbieran’? is said to be the word signifying to divide, ‘The modern title we know is taken from the name of the officer, in contivental law, to whom the goveromeat of the district it entrusted. It is a mere change iu the phrase, and pot « change in the intent of the law when speaking of the thi Another writer rays that ‘o process of tims, op this: the Shertfl, the cl i! aamuistrator of the county, has now totally devolved. Ou referring to Bouvier’s law dictionary, I find the word “county” de: fined ip sane Oe same manner, He says “It i+ a istrict into which a Stae is civided * Tho language is not the most choico, but the {fea is well, though not elo- oy developed. It is the largest civi! ¢ vision ef Stato a writer goes on to show that every State in the Ucion we divided in this way. Counsel referred, in reference the smaller divisions, to the word ‘ constable,” as the def. nition is found tn Jacobs’ Law Dictionary, vol. 2, page 37 There he is said to be a civil immemorial officer, bavi the same charge of the constablewick as the Sheri? ba of his bailtwick, or the whole county. Italeo appeared that it wax an ancient practice of England to allow a con- siable to travel over the whole reaim with bia warrant, merely requiring him to have the warramt endorsed by the county magistraie Counsel alse referred to another old word, the history of which ta also give in Jacubs— the word “bailif’’ He also invited atention to the phrase ‘ police” in Jacobs’ Law Dictionary, im whic thay would find that the word “police” is invirately coanoeted with the localization of the power of the executive govera- ment With these few preliminary observati me, he ‘would proeeed vo eal) attention to the points, irat observing tbat their primary proposition was that the consti. ution did clearly act in the light of the legat and historical froth, that at the tit o: its formation the Ste of New Y rk was an oxisting, orgaaized, con‘itutional Communi y, divided into masses with reference to territe rial iimite desi by the name of counties, cities, towns and villages. it would be found that the coostitutiea had made fundamental law for the coansies, the t»ans, the cities and villages, and bad mede no law for anyibing else; and having made no jaw for any! else, the Lagis- lature of the State of New York bad um en to say «we have changed all that, Counties, owns, cities end villages shall be no more, Hemeeforth we will make dis- trict and precinct, We will make Mayors of disricts that bal! be appointed by the Governor The constitution bal. stand a & sbrivelled instrument sod we will govern the “tate ourselves” It was that assumption on the part of the Legislature that they now arraigned before their Honors. If that aseumptan was to be maintained it would be seen that the Logislature could do a great dea! more than they bad done at the last session, and in doing 80 would be beyond the reach of any power in the tate. Ib vo part of prion of the constitution is tuare a word about We judicial department of the State. Nor is there single word about the jurisdiction of any of the coarte Tuey were tod, for instance, that the Supreme Court was to bave general juriediction in law and equity. Lawyers know that that only meant that ite jurisdiction was not to be ‘imited to pure questions of law. Again, courts were authorized for counties, towns, cities and villages, but not & Word about courts for other divisions of the State, 80 that this Legislature might es:ablish @ court alongside of the Supreme Court It might make ary number of district courts, invest them with the jurisdiction of the other courts and provide for the appointment of the jadges ss they might deem fit There ts is no genera! investiture of jaris- dietiop apy here and no negative on the creation of other courts aad tribunals, Was tais coustituil mal, he said, to be admitied which would eeteblish a precedent for the gverthrow ef the judictal authori? They said in their Dt — It is the office of a written constitution to deolare, in euch form as sha!) compel obedience, the form and framework Of that goverament which the supreme anthority bas ao- provea. No could de adopted sufficiently exact to acoomplish tBis object with unorring certtaty, either by & mere ebanciation of principles or by @ minute regulation of details; but experience has proven that it may be ef- fected by Classify ing the powers of government, and vest- ‘ng them in distinct and independent departments. The constitution of this State, as adopted in 1846, fully and pre- cisely developes, aud iu its wording acts upon this priaci- ple—consequentiy, it cantains more ellectual guards against admipisirative abuse than were ever previously instituted in the fundamental law of any people. Asa patara! seqaence from thie mode of treating the subject, few declarations of principles and few detuitions of pore restraints apon its exercise are found in the me! He maintained whatevor any one thought of the consti- tution, that this was literally and substantially true. An absolutely independent judicial authority was insti- tuted, free from the interferenee or control of power in the State amen of ‘and removed from se- Incuon by ive rewards or oven by popular favor. With the department, thus elevated above assault and above }, WAS COposited the power of declaring lew, and rostraining a!! atzempts to avoid or to evade i. This, indeed, was no: done in express terms or by any verbal detinition: but by that necessary and inevi- tabie implication on which nearly the whole system do- pends, it resulted from the very existence of ie courts Bihey" then, found the futica oa ye judis authority not otherwise created than by calltng the courts into The ! agie- lature have no more to co with the creation of the jadicial department than the Taspectors of Election have to do the results of the election. The courts come iato ‘ng independent of the Legislature, and the Legislature ls probivited from tempting them by betng pronibited from increasing their taiary one pence. There seemod to have been peculiar tort of dignity in the mode of | carry: g tate being tho jadicial department. Ita powers | Were le? to be ascertamed by Itsown wisdom. Ite autho- rity was an incident of ius existonce. Now, they found ip this great leading oleimext of the constitution the rind mus of Cornposition adopted by the framers le wilon. They had not scen ft0 surround the jadi. cary with any defnition of ite powers 1t was in the sane spirit that the subject of civil enbdivisions of the State had beep contemplated by tho framers of the constitution. ‘They hed vot sen At to record the fundamental fact of | the divisions, but bad proceeded to make laws for the cites, coun towns sud villages, aod im doing that they did all that they supped aonemsary. e second subdiv zion of this point wae— The judicial po ror was thus treated as an existing eatity requiring no definition, and not depending for its authority oF continuance upon aby specie grant. do in Like manner tho known ax! eccrstomed civil governmental divisions of the State, whowe existence war coeral with the State iweolf, were treated a things unalterably establiched and cnoowed with tbe essentials of perpetuity. Consequently, wore given for supplying officers to contact stration government of couniles, cities, t & car: towns and villages, the whole subject of local oficers waa Drought completely within the operation of theae rules It would be sees that afier organinng the several de- pariments this subject of local government was disposed of in section 10 of the Auton. It would be argaed. doubtices, that the legislative power embraced a desl, it certainly did. t& would be argued that t were no restraints on its power, except «uch aa wore to be found within the constituuen. IH» did not moan to warre: With that proporition. Fle eonoeded that it had the power to do everytbing which the Legislature of any civillzed poople m'!ght do without ebocking the renee of the community. The idea’of bringing down « constitation to the rales of @ conveyaucer’s office was not to be onteriained When the peope make « pew consutution they have power, as it were, over the comporiticn and meaning of it, and have only to make the intent appear to the brain, “Ey odie tn tas comet of thetr authority peuple tn the exercise of thetr a as supreme law givers, may rigbtf lly adopt their own methods of de- claring their wil ~Necesaity preseribes tne only restraint whieb can be recognized. The intent must appear—bow ‘way be developed is not maserial. As the gods of ancient times werr made to yield to des- Uny, #0 the people were made to yield w necessity. Taey moist make known tnteltigibly their meaning; but be main- tained, on the authority of this court, tha! there was such thing as necessary impliestion, aud rolorred to the case of Berto v8. Himred, 4 Selden, 489. The State vs Mace, 5 Maryland Reports, 350, and Vaaborne’s leases ys Dor- ranee, 2 Dallas, 908 and to Lord Eidore’s definition of the term ' necessary icplication '’ Now it was time that cou ftitutlons must be approached by a judicial authority with the greavt reepect, but it wae Ume that the constitatien should be literally interpreted. The sevond point which they submitted wee this — i¢ intent of the poople in thelr natitution of 1846 to accomplish various ends pot jp uuded in direct words, Bor map'fested by ¢* press prot Courts are created and autho ived by the ie Doexprese investiture of the jo roll mitlom to create other State oy Fourt and Court of Appeals, or to create inferior local courts for district, ave and except such prohibidon as ma) be implies oF ines from (oo apparent scope and design of the whole inetrument ar ex uih' ted by ite detaiied previstons, If .his implication cannot be admi'tes, the ju diciary ix, a8 it was once thonght to be in Konmety, de penurnt for all ite powers upon the will of the admimivtra Uve dey nts. (Constitution of 1891, article 7 section 2. Hygreth’s beire y Molotyre’s ceyisces J.J. Marah i, 208. aMovroe Pretace. 8 Moaroe Preface ) The coun jes of the Sate, and ite cities, towne and vil aheri codicil of revocation at the end, by whick the veta | lager are recognized in the constitution; bat there is no em wes mee iweflicient, and We codic:) bad remaiwe t & abow that testament bad been but gat not. Tt was, in deh that the Vourtite ion war no Con tituueny but a more rope of sand. They stood heré w mainuin an op gene Govirine, They stood here w whaintain that many things mab: be . forbiiden by tae ope gece Of & constitution, without * being’ literally deciared evils, 805 | ved by pains.andpenaltios. Ia this conpecton i wows be wel .uderstand, acoorling 0 the established woase of the poople, by’ what system they and their progenitors io we mother country had teen governed in tbis inntier of police. Ho cla.n | rm pace, that, withoui referouce to the éoasti @xin:ing civil institutions of the Fiaic were thing | lebed and fundameuia’; that they required no cousuvy tonal declaration to perpetuate thelr existence. taat this | Fuate of the Union pisnied by the pouple ment, divided into opuntier, cities, towns and villages, that it is contrary all oor casey fons of civil government overthrow those mowour and modes of civision, and that a Ciril division of the ate of New York for any purpose of permanent «iyi: gorersinent could not Mati to be a county, or & town, or & ety, ® village, @ ‘»-division of ope Of these He claimed, ta the second place, that the police bed ot all mes been looalized. They bad been Joraiized in the mother country. The chief officer of police ib county w polioe in a city wae ao officer quad a gherit. C.veiOLs— Ww Wards—the chief police officer corresponding wre cried & oonstadle. The jterm county or | mente not to be set anide for other express declaration that they rhall not be entirely abo lished, amd Circies, arrondiseementsa, deparunen, can tone of newly devised “districts” or “precincts” susti Luled in their placer, exoopt whet may be | mplied or infer rod from the general design and certain details of the lastru- ment. Yet if this implication cagnet be admitted, all toe provisions of the constitution retati¢e to localotiicers may be disregarded, as a portiou of nem have been by the act under review. The constitution deals with subjects, not mere names. ‘When it treats of civil divisiops for purposes of guvern- mont by their existing names, the whole subject ts rogn ied. 11 ie imposibie to imagiae a civil division of the State for general and permanent purposes of civil govern- meat, which would not be, in point of fact, a county, ® town or a village, or a divielom of one of these, aa are undersiood in our laws and language, by had veem and were, for the purge] Whatsoover new name it might be called. ‘The Court would notice that althongh counties, towne, cities and villages were thus named in the constitetion, the mode of local government war precisely the same in awl. it would be found that there were numerous express Provivlons in the constitution indice ling iadirectly that fer certain political purposes the subdivisions should pot be spotlebed. For {natanoe, “an elector must be a resilient a acounty.”” “ No county shall be divided in the forma Gon of Senatorial duttric, no town ehall be divided in the formation of an Amembly district,” &. Now, he the Sheriff, and the chief officer of | Ubony)t that they showed tnat by the very letter of the In lower | courtitation these eubat sions recognized by it, are en dowed with perpetuity and were governmental dep ew Tangled go townrbip might be called an, arbitrary division forthe | mental departmeate. But wur it wue pur: vil government. ' A city lg @ portion of terri | mebt of the jodgment below— that ud Lory sot apart in practice, furnished with certain faciliies | Caunet erect new dist + the general purposes for the transaction of business, endowet with ¢orporate | of civil government, they may for special purposos ? futhor bes lage 1¢ bat A emall city. Counties aed | Thar asruming that if they cow the old #abdivi oun we terme connected with the generic | sions of ihe State, they do reeame that they may ent up pa to. County isa word deecripuve of | the purposes of civil government into special parents: an the largest cir Non Of a State for permanant purposes | having thus divided it into fragments and vals, that of civil government. Instricts are not such division. He | they can get round the provivions of tLe constitution. This referred the Court for a definition of the term “oounty”’ to | would defect the whole scheme and purpors of the conati Jacch's Law [ic dovary vol. 2, page 145. They were there | lion. In any country where law rege for 4 eupport on fold that a “county le a certain portion of the}rralm with | either reason of coasclence wopesition cap be Wick the whole iapd is divided for tie bower govermmomy sopporied. Their point, ag written, wae — | not repugnant to the constitution of the State, Tho first : and tnaster he powers and Commies of focal administra- Uon, them to other newty devised districts creaied such special fy iain coustitutional divi; sane, ant all sot bs the Lic Cg by would confound our whole ‘civil poliey, It ‘agisiatures bad asiced exactly at the time at which it might be done. idence of acoideatal cirenmetances with the coming round of fixed periods would seldom occur. He read some more of their aittons as followe:— ‘A leading intent, broadly and distinctly marked tn tho constitution, is uné deventralizatioa of power. Confidence in the good sence of the peopie, and distrast of delegated power, shine oct from every’ line. Theso ideas are not expressed in formal words, but they are a necessary inie- rence from the whole structare of the ingwrument ® 1, The Governor's rm was reduced and his patronage appibilsted. 2. the Senate was divested of its former supreme con- trol over the appointing power, the judiciary and the con- stitation iteetf. The Senatorial term was redaced, the Se- natorial gietrict dimintshed, and by consequence, the Senate let down toa platform, little, if anything, above that occupied by the Aasembly. 8. Singie legislative digtriets were created. 4. A’) the important State cfficers, and all judicial of- core were made elective. All local officers were made elective, mediately or immediately, by the ¢lectors of the loeality. 6 The pay of the Legislature was strictly Hmited. 6. As tar as practicable, the power of forming election districts was withheld from the Legislature aad vested in 7. The only form of ‘ ing” which faction had theretofore invented and pot in use, waa siricly re- sire ‘This bill was a new form of gerrymandering. Here they hit ® pew method of cutting up dist and for a totally new purpose. Of course there was no ex- press prohibition against it. Bhore was no punishment ——— for parricide until an inelance of the crime oc- Pourr.—The itan Police act, in its whole igu, and in every ove of ite provisions, is ve ore and spirit of the congiitution, and y void. ‘a @ manifest intent pervading the constitution shall not be created for permanen: purposes government which are “new, anomalous and un "to the people and to the coastitution itself, 2. The Legislature cannot be permitted to defea: this do: sign or to circumvent and overreach the provisious ot tue fundamental law by new and andeard of devices. (War- ner vs. The 2 Denio 275.) il. The di of the country into separa'e districts, with powers of internal government, administered through officers chosen in and by the vicinage, is the distinguisb- ing feature of a free State. To this principle to the utmest practicable exten: was a | ‘ob; the coa local officers be appointed by the cen tral power that object must fe _ boomed one notthe fact; and if it were, the law have refused to acknow- ledgo it. . The divisions recogn zed for permanent of civil government contem; society in its normal con- dition. The exigencies of insurrection, war, pestilence, fa- wine, &c,, invoke the military power of the State, or the —— of temporary civil agencies, not permanent ore, 2. Piloteand coast guards of every doscription must always be employed in reference to natural divisions. ‘They do uot come within the idea of arbitrarily formed lecal dietricts. Officers to attend the movement of ves- sels or property along the whole course of a natural or artificiai stream, or even along a railroad or in a bailoon route, when one sball be established, might well be Drought witbin the same principle. 3. Hospitals and asylums for the reception of patients ‘withoot reference to the local residence of such patients, priscns or other public ostablishments of ke general character, have no feature of political locality. conceded that many acts which havs beon for the draining of swa mpe, and for the building of ridges, court houses, &c., by Stave appointees within she limite of particular counties, cities, towns, &c., and at their “finder this cost are valid. 5 of is no reason throw- been provided at others. i : 3 tion may be violated does not presuppose that where there is a2 open violation of the constitution in otber cases it should not be prevented. This was all the argument he deemed it necessary to make on the gencral proposition as to the ooustruction of the copstitution in reference to local goverrment: and be now invited attention to the livtle bit of an argument on which thie act was passed. It was originally precented to the Legislature as applica- tne t (he city of Now York alone, and it was sented to the Attorney General for his on, whether it would be constitutional or not. fhe Auorney Genera! replied that {: would not And then the idea struck some very profound constitutional Iawyer tbat the femmes might Tepe men yp taking iu a slice of terri tory additional to the city, cailing it An. this was based on the vtion:— ‘All other officers whose election or provided for by this cousiitution, and offices may hereafter be created by law by the people or appointed as the Lavisieture may direct.” “Now,” eaid the constitational la ryer, “a'l yoo have to do is to got a set of new oiflcors, who did not exist before, and you mast take care the location tor which they are ap: inted ir neither @ county, a town, @ city, or a villacs. it @ district, and yoo will make the office a pew ope.” Well, thie—he submitted—was raiher a qneer kind of new office. It might as well be said that under the new char. ter the Mayoralty was a new office. He doomed that this contrivance to evade the Copetution would not co, Dven if the general concluding words of art 10, sec. 2, sboald be deemed of obecure or doubtful import, they cannot be #0 Copstroed as io set aside of ren ler inoperauve h ‘sl! the postive provisions of the constitution concern! loca! officors. opernsion claimed for them Saaie veld Go Ca end fundamental article iu the bill of rights. 2, If there bet ed alge designed bs f the commit. tee who framed the jon, shall be deemed applicable to Jocs! officers only, then ibey must be construed reddendo aingula singrulia, i. ¢., “olected”’ by the people of the coun- Men, cities, towua and villages, or ‘‘appoimied” by the au- thorities thereat, na the Legislature may direct. 2. If they aro to be applied to al! officers, State or local, the sacie principle of construction muat be followed. As to Stato oficers, they too must be “elected” by the of the whole State, or “appoiuted”” by some State rity. 3. ‘This conetruction is neceasary to avold the inadmissa- dle conclusion that the people, by an {ll worded supple- ment, Leve virtually repealed a great part of their own copatltstion. Fourth Potnt—The rey tog clanee is ve. Inoperat! 1. The Legislature did not intend to abolisa the preex. inting system, dnlers this pew device contriy od to take tu ewbould take «Sect. Simple absolute and uncondi- Honal repos! was net intended, but only eubsitution or re- rub mode, (Tima vs. the State, 25 Alabama, 165, 170; vs. the State, 6 Buglish’s (Ark) R., 4, $1) 2. The whole derign and frame work of the act depend upon the provisions which are void. In such @ ose, all mere {voidente must fall with thetr principal. (Warren va. Charlestown, 2 Gray, 84, 97, 0S; Mxchauge Bank ve. Hines, 2 Obie State R. a4.) Fifth Polst—The judgments of the Supreme Court should be reversed and judgment entered tor the people. ‘They therefore claimed, for these reneone and on these Principles, that the Gecirion of tho Court below shuld be reversed, and that the law should be declared tnopera- tive and void. ile found © tenth point made on the other warranio was pot the proper mode of cure, The amount of it wag that those gontlemen, ving bad a office made for themeciver, could not be put out of it by any known procs of law., becauwe ft wae not an office butafunction. There was nothing in the argument. The Mayor, Recorder and Oty Judge ere, ex oficio, Police Commisrioners, and from thie rightful office they bat been excloted. In regard point he referred to State agaiuet Soot, 24 1 nourt Reports, 24-6. This wae an attempted the juris:ieti on of the Courts: and the effect of it would be that the courts bad no remedy over such a cate Jodge Famonds thought {t proper to state the partion he would aseume. He would prose that there were four vio- lations of the constitution involved tn this act. Ome wae toat it gives the Commissioners power of appointment of the police, who were local officers; 24, that it confers on them ‘he power of the appo'nt of clerks, who were tho loca! otfieete; 9 # them the power of ap: pointing clerks of the polls, who were wleo local officers; and 4th, that it authorized thei (0 take poseeeeion of police properties of the cider of New York and Brooklyn, And that these unconetitutions! provivions were ao mach part and parce! of the whole vet, an? ko interwoven with it as to make it alt frvalid MR. EVARTS’ ARODIENT. Mr. T'verte followed om the pars of the Atbany Commis: slovers.—-Piobably, he eald, the counsel on hie ride had ag high an estimate of the Importance of the casse a the counse! on the other vide had; but the | mportance of ip. quirirg {nto the ccastitutional Powere of state government ras of | r concern to the pablic than the considera. tion of the powers of locel oficore. If they could under stand each other the lirnite of the inquiry would be very narrow but it was on the appronch to thee limite that Therefore, It wouid the differeno between them arose. be found that e grent part of the argument of connee! had been applied t» what were prelininery matters, They would be oserced into an argement showing what the State fs and what the State Legisiaters tr. The major pra position of the other aide was that all jax® must be in con sonance with ihe a of the mole the minor sporiticn that this jaw being repugnant to the eonetftution FF the Huste ts invalid. They weul' o'nim w- a couverae pro. peaition, that what was not — \ the onnatitation of the fini in Jogtelation is valid, and that this taw is section, as well as the title of the law, announced In @ plain, straightforward manner what the, qisiature intend ed todo, The tw “An act to emtablicl « Metropolitan ice dlatrict, and to provi in for the government thereof"? be first section carried oot tho frst part of the title : the remaining sections were to carry ont the detatle = Within the constitntion of the police district an! tee attr Sutton Jty the court hae the whole subject matter of thie aot, Ik might be coeceded that in the act Loere was somo parton: lar avubority given im reference to particviag oenses, euch as Heep ng gam is, &C, it would be found tat the Jeguajare bad throughout ooveulled tas exiting oi. HERALD, THURSDAY, JUNE 18, 1857. li } titled } i in reepect to declare authority to the the oree of shooid be under t for the law said that tho ice forze of the district under the control of Commissioners By force of thia statute any oflicer of the litan police could ex eonte & warrant any where throughou: the State without having bis warrant endoraed by the local magistrate Though it wes pot deemed neceasary to hare a Incge po- lice farce stationed elsewhere in the ate, it was thought advisablo to have this central force in the Metropolitan district, so that wherever, within tho Sate, there was riot or’ ineurrection, there was this larga ytopical police force that might be calied on, and thus ave the necessity of callimg on the military, As to the police clerks, ‘ho} constitute practicalty police officors’ A3 to special provi- lous in regardo the e.ective franchiso, the Inspectors are lef: to be the immediate croation of the local orgabization, while the police are invested merely with the on of we bal’ot box, and with ita keeping while not in use ‘The authority to wp oint the poll clerks is alto given to the Police Commissioners, He pare tho statement of what the act is, showed that it might be a very useful, & very proper, a very necessary provision of law. R was vot necessary to talk of itas being a grasp of patronage by the State Executive. If the thing was a lo- gislative matter, they couid ind reasons enough t> make it neceerary without attributing it to partisan motives or to the grasping of patronage by the Executive power. If it were uaval now to bave preambles to acts, the preamble to this act might run as follows:— Whereas, offences against property has of late increas- ed, iu and near the and the local establisments of nigbuiy watch and nightly police have »een found in- adequate for the detection and preveution of crime by reason of the frequent unfitness of the indi viduals employed—the insufficiency of their namber— the limited sphere of their authority and their want of connection and co-operation, with each ofher; and whereas, it is expecient to substitute a pew and more efficient system of police, in leu of such eswblishments of nightly watch and nightly police, within the limits hereia- after mentioned, aud to constitute an officer of police, who, acting under the immediate authority of a Boerd of Com: missioners, appoivted by the State, ¢irect and control the whole of such new em of police within these limite, it 1s therefore enacted, Sach was considered a sufficient preamble and such snfficient gronnds for the passage of such a police law by the Britich Parhement, as carly as the time of George IV. And the British Parliament did ne} deem that it was en- croaching on the chartered liberties of London, when it took parts of Kent, of Surrey and of Mid- diesex to constitute a Motrooctitan Police district. In 1844, when the chy of New York had grown in popu- lation to three er four hundred thousaad souls, the stave z Legitlatare took into consideration the inadequacy of its polce, avd passed a law on the subject, establishing a day and night ‘statutory police system of the Mate of New York, within the city and ot New York. In ‘1846, the same Stato of New York which bad thus under taken to act in the matter of police, amended the system What turther ameudment and atveration of the system «id mak. tae Legislataro make? Tho Mayor was mado the priaci- pal officer of the police, but the powers of appointment were distributed throughout the wards and sitributed to the respective Aldermen of the wards. In 1853, the Legislature again made a new system of police’ for ye city and @ounty of New York by an act en- “An act relating to the Police partment in the city of New York, not of the city and coanty of New York, but in the city and county of New York. This act gay the entire coutrol f appointment and of au- thority fox the purpose of administration :o a board of the State, appointed by the State, Though it was trae that two of the persons named on this commission—the Mayor and Recorder—were oflicers of the Corporation, yet the City Judge was not a charter or city or county otficer. Phe Legislature had created the office of City Judge within the city of New York. Now, he thought it quite clear that if the Legislature could lodge that commission in three per- sons, described by their official names,gi: could lodge it in persins edscribed by their civil names. There was no distinction in loc ging it in three officers, elected for differ ent purposes, and tp lor ging it in persons having no other Otticial attributes. The popuiat!.nof the city of New York extended to three-quarters of a million. The popula- 000 more. De plone were populationoas of the 44 of New York. Businoss was what brought it there Bile the people were all attracted there by their bust- ners, ‘were transfused one part of the twenty-four hoors within ope county, and in another part of the twen- ty fomr hours in another county, besides the part spent in transition; they, therefore, required the support and pro- tection of the State. Were criminals limited by county kines or sections’ Was there anything in the revised statutes which, when there isa riotin Brooklyn, keeps away the marauding population of New Yorky Was poate mg hag loculize crime? And was the State to cireumscribe ita force? Should the police of Brooklyn have no power to follow to New York the criminals of their own population? Should the police of Ne@ York have no power to follow their own criminals into coter- minous territery ? Let the Court look at the Sunday emi- ation from New York into the rural districts. They could counted by tens of thousands. The feeble organization and enrolment of the loca authorities were atterly unable to cope with there turbid volumes of population. Were they to permit themselves to be ravaged on Suntay* because ‘were quiet for the rest of the week? ile now came wo the question wheiber there wes powgr in the Siate to govern le accor dl to ite exigencies; and whether the mode by law was prohibited by any express or indir Provisions of the constitutim? The ruit was on the relation of Mr. Wood, as head of the Police meus, and as one of the three Commissioners under the law of 1863, aud he claims that the defeadants have in- truded ‘on and usurped each of these offices. TI ere but to inquire whether there existed lawful in the Constitution euch offices as it was complained of that they tntruded into, and if go, whether they showed authority for such ivtrusion. Their first point was that the act cetabiisbing the M tan Police district ie within the constitutional power of the Legislature. He held tuat the ‘State of Now York was a boly politic, o political, social and ctyil unit. It ia the sovo- reignity, an¢ tho people of the State of New York are primarily united in what is doscribed as the State of New York. He was «citizen of tho State of New York. Be lived under the erument of the State of New York. Aud between these siaries of the bumble tadividaal on the one band, and of ihe powerfn! government on the otber, there is no master, Wheu the meet in con ‘venticu to form @ constitaiion they bring all tacir power with them. They leave none of ‘tat home. Fverbody in the State is supposed to be in the convention, with all the ore to civil society, and they and vibule these powers or retain it to thomecives, as they deem Ot. They in offoct, ‘we will not pass any laws evcrowching ou the liberty of #pocch or of the press; Will not take any private property for public uaes, w ving Compensation,” Ao The eiizeus are ind) lly to the enjoyment of those civil righte not taken the genera: social Dewere, ‘The constitution of New York cimposes of the ative powor. It says that the Le- gislature is vested with the logislative power of the Btate, and then it devcribes what the leg'rlatare shall be. ‘This idea is preserved wiib great care in the fourteenth chajter of the third section. This vesting of legislauve power i* not an alienation or abdication of the of rovercignty by the people, but the mode in whic! % ¥ foproreutation, exereire it the samo fiction by Sew York were in the convention which framed the constitution, wo the pe: ace held to be all present in the Legisiature Logis tare le the only constitutional means by which the people can exercise their sove wma . The case of Parto and iHimarod. wan that aad noting ole. This preecntation of the Ne as holding the whole legislative er was #0 clear the sevonteenib | section of the iret article of the constitution provides that the Lage. lanro may devolve upon the Supervisors of counties sach powers as they may from time to time think preper to do, He claimed that the scbject matter of this act ix wholly within the legislative power. Mt is the first dvty of the State to keep the peace, uard the public health, and administer public jartiog roughout its territory. The manner and the means of securing there ends rest in the deliborative wiedo mof the dawinaklog power. The following citations of statutes and guthorit'cs show the variety, reach and scope of police powers See 4 Bi. Com., 6B. 1, Oflopees against the pablic health and the public peuce or cconomny.”” &., 851, Title Misdemeanors. 1. S.. 848, Th labors’ for the pravervation of public h in the port of New Yor internal police of the State, Charters and ordinances of cities, for tion of fires, 2 R. 2. 1812, p. G68, koe. 1; p. 389, noo. ‘83, for destruction of buildings to pre spread of fre. 19° Wend , 198, The Mayor va. lord, @ Deato,, 461, Russell ve. The Mayor. 6 Mass. R., 437, Commonwoatth ¥# Sessions of Norfolk. 0 Id. 988, Same’ ve. Middieex. Lawes regolating (otramural burials. fe, Soo 7 Cowen, 688, Sinyvesnnt vs. Now York lt. 049, Vaa- derhin. vs. Adat Mote., £29, Commonwealth vs. Dawa. 12 Pie, 184, Baker ve. Borlon, 11 Mote. 68, 6 Commonwealth vs.’ Tewksbury. 7 Oueh., 86, tame Alger. 29 Maine, £60, Preston v8. Tieow. Abd poe 1 Peters, 102; Oorporation of New York ve. Mlln, whore tho tubject of ‘police reguiatinns wae largely conaidered. © How. U. 8K, 204) The Licen Counsel commented on the word yolice.”” Tt was con neeted with policy, polity, the eily, the State, the fands- mental Fovercigh power operating for the weil being of the State. The city of Athens was the State of Athens. The ony of Rome was the tate of Rome. " here wae po protence that the act of the lagisiaturé in qrneetion, either iv form or substance, encreacher vpon the Jodicial or executive power of the State ae lodged by the Conrlitation iD mypropriate courte end officers. There was bo pretence that, in form or substance, It invades the ind! ‘vidual rights of members of the State, reserved from all Fovernmental disturbance, logisiative, judicial or execu Ove, under the constitutional pros won to that en |, known ae the “bill of rights.” Rie claimed, nuder the eecond point, that the act tn qnos- tion ir wot in any respect counter to any express pronibi tion, resiriction of limitation of or upon Lagisistive power found in the constitution. The onty articles of the con: ftitutien contatning any each prohilitions, festrictions oF Mraitation® are Arte. 1., VIT, VITL He asked the Court to pages 8 moment and see whether they ever had & consti jutional question before them which was oulride of the question of repugnancy. The third point, however, em , a8 be suppered, all points of repugnancy to the constitrition that could arize. Tt was:— ‘The ret being thus invuinorable vpon the points already considered, repognancy between it and the constitation can be claimed tn ariva only -— (A.) By ite logisiation, in some principal feature and ef. fect, being eubversive of, or in contlict with, substantive and affirmative provisions of the eonetitetion in the politi. €nl ostablichment, organivation, or distribntion of the Powers of the rovernment, whether in reepect of the di- visions of territory or ascripticn of fupetinns. {P.) Py tue logislation being, in the eame rrnme, enbver. sive of or in conflict with eobetmotive and atirmativo visions of the constitution In the natare of findam and permanont legislation, touching the policy, in distine- tion from the frame, of the goveroment, of which Bie coueti(ullon presemt yarieue examples. completely a anal a. oe rig] exhausting tbe su! pray ; 1. te tn fact claimed by the plaintiffs that the sot in bre repugnant to be upon one or the Other of the grounda last stated, in one or both of two par oulars— 1, That ihe offices created by the act, and now filled b; the defendants der tne Geverne’s epyountinest, are auch as by the tenth article of the constitution, must be flied by elextion of a local ‘or by appointment of local authority; that is to say, that tuese Commi Polico District aro county, city 1» whose office was in existeuce when the constitution was adopted. Cons , Act I* sco % * 2. That the act erecta “a new and anomalous district unknown te the constitution,” and that “ the conatitutiun, by a necessary Implication, forbids the Legislature to erect, for any permanent purpose of civil government, new dix tricts unknow to the fandamental law: in other word, that there Commissioners of tho Metropolitan Police tis trict are not cither county, city, town or village officers, oither tn territorial or functional authority, but are officers of a new scope and vigor of sathority, both territorial and functional, not named ip tho constitution, pur copsintent therewith. It is obvious thet chese two objections canunt stand together, and their contlict of itelf suggests the an ewer to » 1% That these Commirsioucrs ara, w thin ‘a limited territory, the deporitaries of a soeciat function of state er, in its nature coterminous with the State, in iv exorcise distrbutive and capable of delegation at the will of the islatare, ‘The fourth point was ihat— ‘The Commissioners of the Metropolitan Police District are not either county, city, town or village officers. Their ‘npetions extend over the whole district, ombrasing four counties, which contain two cities and many towns; and if ho substantive measure of extending @ police system over district of tho State. not limited by county, city or town lines, be valid, the Commixsicnera, whose authority Ls co extenrive with the district, cannot fall within avy local de- signation of oftice less extensive thon the district. IL. Bot if the district over which their administration of the police authority of he Staie extended were cotermi poué with a county, city, town or village, they would not be county, city, town er village oflicers. S s2uice power of the Sate i sovereign and central—ita the #0 central—its txerciae must reach every part of the Sato—its ramifoa tions must severally cover circumscribed districts—it may be administorod within those circumsoribed diatricws by State officers, or entrusted to local officers. Whether the ollicers di for this duty are tate o'icers, or county or city er, will depend, not ou the sphere, but on the source of sheir official avthority. (Tn the matter of Whiting, 2 Barb. SC. R.,619; Citations uddor second sub, of Ist point (supra) and in supplement (infra). (B.) That the aocuatomed, or even unlve real policy, of had been to accredit and empower by statute county, city, town or village officers to perform cartain duties or classes of duties, clearly would not dicable the State from adopting, in its ‘dis rotion, a new and dittwrent of commis*ioning its o yn oflicers to diecharge those juties. This would be to male the localotticers the mas ters of the Logitlature, in this regard, ont of tha fact that Se eens bad always been the master of the local TLL.—But if these Commissioners be county, city, town or village ¢fficers, within the mean‘ng tho ‘constitution, they are “officers whese office bas been created by law,” since the adoption of the constitution, and their at ment is m to legislative control. The act of 1853 frat totrod |, in Dame and function, the office of “Commis. sioner of Police,” and first established a department, capa- ble of control by a Board of Commissioners. (laws 1844, ch. 315; Laws 1846, ch. 302; Laws 1863, ch. 228; . art. 10, sec. Fi ‘He thought it perfectly clear that unless the State gov erpment was kept out of the counties by such boundaries ‘as the general government ia kept out of the States, it had perfect authority over the matter He said that the fact that the State had been in the habit of delogating eertain powers to local authoritics would not deprive the Stee afterwards to appoint {ts own officers to perform the like duties. His fifth point «as— Fifth Point—The act iv question in Its plan and effect of establishing a ‘Metropolitau Police District and provi ting for the government thereof” is in no respect repuguant to the constitution. 1, The act does not destroy or obliterate any of the di- visiovs of the State recognized by the constitution, or fact existing at the timo of its ; nor does it, in the remotest degree, touch their integrity or affext their har- mopious relation to the State or to each other in the frame and scheme of government established and to be main taiped under the constitution. Tl, It does not create “for any permanent purpose of civil government,” or for any governmental purpose, any new civil division of the State. A civil division of a state for the purposes of government evists only whea, witnto its mite, it has an organiza‘ion and administration of sepa rato, however subordinate and special, government. Ti. The act, in intent and eifect, purpose and pian, isan Mate, by devegation from the State government to a Board of ‘Commissioners, over tho population, within cortain existing civil dtvisions ments and acies are ube everal functors, in ao exo wi IV. The whole control of the civil divisiow of tho ‘State, of what they shall be, and how far their local logis- lation and administration shall reach, and how ft shall be conducted, is, In the nature of the case, with the central ment. Whatever any touching the exercise of power by the State through our its borders, must be pointed ont. Vv. 1) may be couceded, without approaching the svbject in band, that whatever provisions in conrer+a. tion of loca) rights er powors to and in the civil divisions of the State the constitution contains, could not bo avoited or defeated by legislative ebanges, either in the de-igos tion or bounds of these civil divisions, or in the arrange ment of their magistracies and the powers of their govern: ments. The substance remaining, the constitation woald apply. notwithstanding the cl fe of name and form ‘th Point.—The question is of the power of the Lagis- lature in the police of the State and of all the paru of the State, not of the wisdom or policy of thu or that exertion of such power. Brown ve. ryland, 12 Wheat., 439. 1. It must bo admitteo that the Li gisiaturo could repeal Se sae pres ty Ew ven & Sy Bae oe ‘thes. 2. It must be admitted that the Legislature could super add to an existing system of police lodged ta local authorities, a general system regulaied by magis ‘trates, and ite force made up by State enrollment. 3. It must be admitiod that may either be applied only to parts of (ne State, as the Legislature may determine, or, if applied to she whole sate, may be accommodated in its form, streogth and pressure , to the differing social neods of the’ various paris ee coun bead itted that if existing local 4. Tt most ni police pow. ers can be repealed before any State system is esiabiisbed. such repeal may be made after, or simuliaueously with, the establishment of a Sate system. Il. The principle of the objection of repugnancy to the constitution made to this act, goes to the cevial of the ereigaty of the State government, and exaits ‘the loca) authorities and the inferior civil divisions of the State into supremacy over it 1. If, on any Occasion or in any necessity, the State can exercise, of \la own central vigor and by its own original administration, the police powers rot ip motion Mi ‘this act to any extent, form or efect—if it could do 40 in case of famine, pestifence, invasion, insurrection, local or gene- ral—tho Logislatare, not the Judiciary, aro vested with the er and with the discretion of ita exercise, 2. If this police power of the State is abrogved by an ee ee os on eet fey dl virions ‘State an expressed pose to maintain special an { subordinate Jooal Elration withio them, it in jorpnesible to wave the body of legislative power from the same fate. No ley Inti ve measure dows of oan operate excnit over or one or more of the civil divisions of the State; and there ia no legislative measure of admiasistration but what, by the authority of the State, might be condded wo local officers fer ite condnect. (3) The reasoning on which this ob; the parte of the State greater than tho role by exceptions— legislative power deposited with tho central - a the “Fragments which have e here. of a sta\ute Fepugnancy with the constitution. asa jadicial question, jv determinable ‘8 comparison of tho text of both, in the rourible meaning See ere exproes. considerations beyond thawe limits are not forensic, but deliberative—pot jadicial, but logrlative teher y. Peck, 6Cranch., 87 Gibbons v. Ugder, 9 rbeat., 188. Jamoe v. Patten, Paige, J., 2 Seld., 12, 13, Oakley ¥. Avolnwall, Broueon, J , 3 Coms., 668 Tuo Poo. vornment eon lodged ple. The Mayor of Brooklyn, Rugglon, J ,'t Come. 428-9 Cowell v, The Feooe, 3 S0ld., 0, ngeles, 14’ p St . 97-00," Kdmoude, J., p. 10a.” Wells, J., People ¥. Cowles, Johneon, J., i Kern., 60. Wybehamer ¥. The 8 Korn, 378 Com pp. 990-2 Johnson, J, pp. 410-13." Selden, J., Hubderd, J, pp. 461-3. T a. 1 Joy 475, pe ¥P Gravt ¥. Coortee, Supr. Cr, Gi right, J 1 Eamebiet, po. 8 11, 12, 14) Constitution of thie State ia'a written constitution. No distinction can be takon betwoon a writtcn constitution and what i# written in the constitation. The notion of “the spirit of the coastitution’’ aa something otber than of superior to the body of the copetitation, er wha: is embodied in the couatitution, i# either purely verbal aad fanciful, or, if it be substantial, (© universal judicial doe potiem, or ebeoiute popular anarchy, as it may chance w thape limelf, Pighth Volot —The logic of the objection to this net for repugnancy to the constitution has no other force or sup. port then thet it te repugnant to the second section of Art. X. of the constitution, rigbtly interpreted in conncction with the general framo of the constitution in the diatribu- Lion of power apa of the admipisiration of power, 1. Tho text of this article does not touch the subject or purview of this law. it. The general purpcee imputed to tho constitution, to decentralize power, i® not in confiiet with the act. The ox. tent of that purpoee, and the manner in which it is to be executed, are defined by the text of tae constitution twolf, Te makes the great Bate officers elecive by general ticket. It makes the entire logislative force of the Stato elective, Th makes the entire jndisial force of the State elective. It makes all the enumerated county officers Clective, and ail county and town officers not ennmerated elective. exeept as the Legiclatare may diyeet ihem to be appointed by the loenl authorition. It leaves all village fand city efficers to be elected at large or by divisions, or Aappoin ed by loeal a wthoriting, as the Lagisiature may i rect. Here tho purpose of decentralization stops, The Constitution ®o far declares ite will, and provider for ita exeontion in the disporition of offices; all beyond it leaves Absolutely to the will of the legislature. « Atl other officers wnere ciection ot appointment is not provided for yy te constitution. and all officers whose office may here- r be created by Inw shall be elected by the people or appointed as the Legisiature may direct.” (Const., Art. X, fec. 2.) The effect of all this is (A.) To make certain offices elective by the whale (P.) To make others elective in jadicial, county, tewn, City and vilinge districts, aed divirions, (€.) To fill others by local election or appointment, as the Legis iatare may deem beat. D.) To leave all others then And not #0 pro- vided for, and ail others the Lagisiature might thoreafter create, to the sovereign discretion of the Legislature. ITL—Tho purpae of the constitution to decentraline power hag been greatly overstated, Fhe great logisiative Bot iteelf prevo iayied. tae 1V.—The instances and tllurira 1 create new oftices and new apbrres of « Pro» ¥ ¢e officer and functionaries for them, oberwire than by local eiection or appointment, pre-eo'ed by the legislation of the State since the adoption of the constitudon, are bumerous —See statutes cited in rupplement to pointe i ra. ¢ Mt ai) Pint. ~The orjection to the act, on the that the fifteenth gection Por goed Private property with- rt out compensation,” does not op this quo warrane; but the ection is not open to Tenth Point.—The rela'or is without title to the office, on the g ound that the new law (1867) is con ttational, or tbat ihe old law (ch. 228, Laws 1953) \# unconstitutional. Ge was not elected a Polico Commissioner, He was not wpoointed by any local authority — If the function of Polieo Commissioner i8 an oilice, @ person must ne elected or appoin ed ty Gil it; attach’bg it a ufficio to ano her office wonld not be io elect or ap .int, brt would he a mere eva- sion, And if it is mot an office per se. @ que warranto wild pot lie to oust an intruder and amit the relator if the of- tice is that of Mayor, or Recorder, or City Judge, it ig am anawer te the action that the defeniants a-e vot alleged to bave intruded into the office of Mayor, City Judge, or Re- cerder. E'eventh Point.—The judgment should be affirmed, The Court at 2 P. M. tok a recess ull 4, TELEGR 4 PHIC. EVENING SESSION OF THE LOUKT OF APPEALS, Atay, June 17—10 P.M. Mr. Evarts concluded his argameut for the Metropolitan Commissioners and was followed on the same side by Mr, Cutting. Mr, C. argued that the State government had all the powers of the State, except thoso which had been specially reserved by the people ; just ie op -ssite of the general government, which had no powers except such as had been. pecially vested in it by the States, Judge Edmonds will close the argument to-morrow morning. 2 JUDGE EDMONDS’ POINTS. 1, Where a statute is in violative of the coast!'utien tt ia inthe power, and ig the duty of the courts to pronounoo it void, and redress an act alrea*y done, or prevent a con. templated one, as the nature of the case may requirey (1 Kent. Com. 448, Taylor ve. Porter, 4 Hill, 144, Newell vs. People, 3 Seld., 97, 9%, 109, 119 1 Storyen upet., chap 4, Cowles vs. Davies, 3 Kerr, 360; Wy uchamer " Ha” ridapie. has deci bly imcorpo- . rome 80 shorond rated into our jucioial system and so frequently acted that certain canor 9 of coustruciion have vewn ad jo government of such casce; among ing The constitution is to be constiued according to the senso of the terms and the intention of the framers of it, (1 Story on Const.» § 400.) 2 Itis tw be construed according to its nature and objects, ite and design, as apparent from the struc- ture of ’the snk wholesand abv viewed is WP component parts. (1 on the Constitution, sec. 405.) Story 3. In copstroing it mach may be gathered from porary ee od Contemporapeous toterpretaiion (Sta art vs. Laird, 2 Cranch ; Martin va Hunter, 1 Wheat.» 804; Cohens ys. Virginia, 6 Ib, 264, 418.) 4. Its to receive a ri inter; of ite lan- retaion © and ite powers, keeping in view he objects and poe conferred. (1 Story! pores for which those powers were = Constitution, sec. 419; Ogden ve, Saunders, 12 ri $32) 6. Where power is granted in general ‘erms, it is to ba construed as co-extensive with the terms, uniees some clear restriction is deducible from the terms. (1 Constitution, sec. 424; Sturgess ve. Crown! , @ Wheat., 112’) 6, No constraction of a given power is to bo allows which piain’y defeats or impairs ite avowod objwote. ( Story on » Bec. 428; Gibbons ve. Ogden, 9 Wheat., 188 ) 7. In the interpretation of power all the ordinary and means to execute it are to be deemed 8 part of the power. (1 Story on Constitution, sec 430; ve. Maryland, 4 Wheat., $16 ) 8. If @ power to create is given, it implies a power to ve. A power to destroy, it wielaed by a different , is le to and {noompatibe with the power to create apd preserve; and when such rep oxen the authority which is supreme must re you the Conet., § 440; MoCallock va. Maryland, Supra), cense- quently the inferior power becomes a nu! ’ va. Crowninsbield, Supra.) 9. Where such repugnancy exists, it is no apswer thas each may avoid collision; the objection lies to the og pach eos not to the exorcise of it (1 Story en ‘ 10. That is the truest exposition which best harmonisea with tts dosipps, ita objects and its general structure. (1 Story on Court. , § 455.) 11, Whenever the terms in which a power is quire its exclusive exercize by one body, the sudjoct it ‘as completely taken as if tumt other bad been expretsly forbidden to act. (Starge<s ve. Crowpinrhleld, Supra, See ly on the ri of inverpretaion—Z Story ov the , book 3, chsp. 5.) 12. A power forbidden by Recesrary and unavoidable mplication is as much forbidden as if foroidden ip express erm. (| ve. Himrod; 4 Seld, 489.) INL, Tbe act tp question is void for two rearons— 1 Because it provides for ap upconstituional mode ot a ir g local o:!'cers, Breause it invades private property without just oom repeation. for the First. As to local officors.—This act provides «ppointment offpoiice officers and clerks, which have ever been local ofiicers, by a Board of Commisioners, and ret, as required by the constitution, by the eleotors of the iP Bed ets dhe eeneaaas (Const., Art. X, 1 The Commissioners inted under the act aro in no renre within the meaning of the constitotion, an authority of the city. They are an suthority of s district compria- | tag "oe cone. ‘This is in violation of the constitution and voi!, 3. The whole , object and design of the constita- tiop was to decentralize power, vin = @. Senators, once or cight districts, now choren 10 single districts. (art. rth) cain ». The Ascmbiy men are in like manner chosen iQ single districts, (Art. 3, tec. 5) ¢. The State oillicers are cho-«en by the whole people, and not by the Gover por or Legislatare at the scat of go- verumens (are 5, mec. 1.) Legislative powers are taken from the same centre ‘snd capferred on County Sipervisors, (Art 3, nec. 17, « Even So pacer: in divided into eight pro vay —_ d eS court, "And moat o' Ssppoil ower ones exercised the centre is now diffused ey the Stato, either ie genera) elections or loca! appoini ments. 4. Besides this general devign of the constitation, the fs -yrewin Provision as to Vocal officers a in oondlet wits. in ttatute. (Art 10, sec. 2 @ The convention had ip plain view the making of ap- ay yr in — departments @ local mater. . The convent Appoltted two committees, everal officers and one for local. artes ¢. It called from the Secretary of State a list of loca) offi- cers smopg whom were enumerated policemen. d. The committee on local officers reported their local ¢ The recommended to carry out thelr views as Without alteration. 1 Abd Low," ten years immediately following Hou of th copatiativa ie bas been eo doe, a g Rie tee aia, from the avowed intontion of the con- vention. an contem poraneous i intended, as to those who were then ely, vilsgs oe wee 6. Thie plain intention cannot be evaded oF vislated by any legislative act meroly making them oficers of « larger a. There ls no new office created by this statute. Thera ie now to this city, under existing laws:—A Board of Police Commis ionert, & Chief of Pelice, captains, amsistant aap. taine, sergeants, policemen and doormen houses yohce Caties delined, ccmpenration provided, provision foe anpotatinente and removal and general superintendence. t. 1! the Legislature can thas evade that prov. constitution, then those things must fol co sina act It cannot ~ et eae evaee is instoded im the pew «istrict, a few will be as many acres or miles. — 2. By mingling two cities or towne of eloctir ¢ all municipal officers may People and be given to the Governor. together, the power be takea from the > 8. So all _ judges may be thas appointed instead of ei, A. 4. a. So, by barely joining two cout tics together, or only parte of them, sberifix, clerke, sui and dis. trict attorneys may be thus appointed and not elected, \. Sof the Legislatare cap gppoint clerke of toe pollo in New York and Brooklyn, they can appoint them for the whole State: and if they oan ayp nt the clerke of the pole, Wey can appolut inapectors of elections over the Whole State. ©. So if tho Legislature ean appoint clerks of the police, they may appoint police jvstices, and thus pullify jhe com? ssitetion, whica declares they shall bo appointed by the local suthority. t. In One, by making al! county or city oMoors with be taine names and powers of a larger or smaller ter- tory, they could be appointed by the central power, and not be elective ae pow. 6, There is no officer that is now exclusively a city oF oui ty officer that may not be made an officer of o larger Tr rmailer territory, end thus have the constitatons? mode of bis appointment changed, if this stavute prevail 7. It is not Intended to dony the right of the Legislature fo all tho torriterial limite of counties, cities towne, but that power must be exercised in sabordination to the Provis.ous of the cons tiiution, aa to the mode of appoint Menta to office and the like, 8. When this power to alter tn #0 exercised aa to interfere with this rrovisica of tne comatretion, it must yield 10 the uj ‘ar law. ehange the whole charactor of the act Mary tn. A Wheat. 310 ) ‘corn 8 to tek) riynte property. 1, Section Ra Seetere peogy ftewncee ‘mistiot: 18 all the public police ed, te thie eit, for the polloe, Property 0 oily. 2. ‘Tv provision ax to to the ownership of the and the regulation of it use Pre ete Cnenel, mubordinate to the ) which is absolutely to the Comminsioners, ©, This ia in every agpect {n violation of the constitution, And no compensation is provided for it, TV, The main scope and object of tho statute in violation of the constitution, it (Wrynehamer ys. People, 3 Kern, ~ a 2207 srerseeeene - Sere ee eee auer a- ose J e ’ 8 t .