90 N.Y. 68, People ex rel. Townsend v. Porter

Citation:90 N.Y. 68
Party Name:THE PEOPLE, ex rel. DANIEL T. TOWNSEND et al., Appellants, v. PETER A. PORTER, as President, etc., et al., Respondents.
Case Date:October 10, 1882
Court:New York Court of Appeals

Page 68

90 N.Y. 68

THE PEOPLE, ex rel. DANIEL T. TOWNSEND et al., Appellants,

v.

PETER A. PORTER, as President, etc., et al., Respondents.

New York Court of Appeal

October 10, 1882

Argued Jun. 27, 1882.

Page 69

[Copyrighted Material Omitted]

Page 70

COUNSEL

T. E. Ellsworth for appellants. The legislature had power under the Constitution to establish the police district proposed by the act of 1881 (Chap. 415), and to provide for its government. (Constitution, art. 10, § 2; People, ex rel. Wood, v. Draper, 15 N.Y. 532; People v. Pinckney et al., 32 Id. 381; People v. Shepard, 36 Id. 285.) That part of the act which provides for the appointment of a police justice will stand on its own constitutional rights. (Sill v. Village of Corning, 15 N.Y. 300; B'k of Chenango v. Brown, 26 Id. 467; People v. Flagg, 46 Id. 401; Constitution, § § 18, 19, art. 6.) The apportionment of taxes for defraying expenses, as provided for in the act, was within the power of the legislature. (People v. Mayor of Brooklyn, 4 N.Y. 425; Matter of Van Antwerp, 56 Id. 265; Matter of Flatbush, 60 Id. 406; Potter's Dwarris on Statutes, 406-416, 420-427.) The act is not repugnant to section 16 of article 3 of the Constitution; it embraces but one subject, and that is expressed in the title. Establishing a police district necesarily embodies providing for its government.

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(People, ex rel. City of Rochester, v. Briggs, 50 N.Y. 553; Matter of Astor, Id. 363; Matter of Volkening, 52 Id. 650; People v. Quigg, 59 Id. 88; Nauendorff v. Duryea, 69 Id. 559; Matter of Village of Middleton, 82 Id. 196.)The act is public in its nature. (Burnham v. Acton, 7 Robt. 395.)

Cyrus E. Davis for respondents. The act of 1881 (Chap. 415) is violative of section 2 of article 10 of the Constitution. (People, ex rel. Bolton, v. Albertson, 55 N.Y. 50.) It is also in violation of section 19, of article 6 of the Constitution. (Sill v. Village of Corning, 15 N.Y. 297; Brandon v. Avery, 22 Id. 469; Village of Deposit v. Vail, 5 Hun, 310.)

ANDREWS, Ch. J.

It is quite plain that the appointment of a police justice, and the creation of a police court for the police district created by chapter 415, of the Laws of 1881, was an essential part of the scheme of legislation thereby enacted. The jurisdiction conferred upon the police justice was not concurrent, but was exclusive. The ordinary jurisdiction of justices of the peace and of Courts of Special Sessions, in criminal cases within the territory comprising the police district, was taken away and vested in the new officer. The act created new offenses, of which the police justice alone had cognizance. Actions for penalties, whether founded upon violations of by-laws or ordinances of the villages embraced in the new division or given by the act itself, were to be brought before him. The police officers were required to take all persons arrested before the police justice, to be dealt with according to law. The creation of the office of police justice, and the existence of that office, is essential to accomplish the purposes of the act, and to the effective execution of the duties enjoined upon the police force. Without the police justice, the penalties given by the act could not be enforced, the directions to police officers in respect to the arrest of offenders, could not be obeyed, and if the part of the act creating the office of police justice is eliminated, and the other parts remain in force, the result would be that the villages would be

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45 practice notes
  • 63 N.E. 19 (Ind. 1902), 19,666, State ex rel. Geake v. Fox
    • United States
    • Indiana Supreme Court of Indiana
    • February 26, 1902
    ...p. 45; State, ex rel., v. Brunst, 26 Wis. 412, 7 Am. Rep. 84; People v. Lynch, 51 Cal. 15, 24 et seq., 21 Am. Rep. 677; People v. Porter, 90 N.Y. 68; People v. Common Council, 28 Mich. 228, 15 Am. Rep. 202; People v. Albertson, 55 N.Y. 50. As said in Rathbone v. Wirth, 150 N.Y. 459, 45 N.E.......
  • 85 N.W. 882 (Mich. 1901), Moreland v. Millen
    • United States
    • Michigan Supreme Court of Michigan
    • April 25, 1901
    ...intent it was not to be controlled or modified in its construction and effect by the part which was void.' See People v. Porter, 90 N.Y. 68; Jones v. Jones, 104 N.Y. 234, 10 N.E. 269. Attorney General v. Detroit Common Council, 58 Mich., at page 219, 24 N.W. 887. The language used in Black ......
  • 171 N.Y. 74, People v. Dooley
    • United States
    • New York New York Court of Appeals
    • May 13, 1902
    ...of 1867-69 (Art. VI) was a limitation of legislative power respecting the mode of electing all judicial officers. (People v. Porter, 90 N.Y. 73; Sill v. Corning, 15 N.Y. 297; People v. Bull, 46 N.Y. 63; Koch v. Mayor, etc., 152 N.Y. 85; People v. Shepherd, 36 N.Y. 285.) The offices in quest......
  • 73 S.W. 811 (Tex.Crim.App. 1903), Ex parte Lewis
    • United States
    • Texas Court of Appeals of Texas Court of Criminal Appeals of Texas
    • March 25, 1903
    ...Com'rs v. Detroit, 28 Mich. 228, 15 Am. Rep. 202; People ex rel. v. v. Draper, 15 N.Y. 532; People ex [45 Tex.Crim. 37] rel. v. Porter, 90 N.Y. 68; Rathbone v. Wirth, 150 Page 823 N. Y. 459, 45 N.E. 15, 34 L. R. A. 408; People v. Lynch, 51 Cal. 15, 21 Am. Rep. 677; State ex rel. v. Moores, ......
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45 cases
  • 63 N.E. 19 (Ind. 1902), 19,666, State ex rel. Geake v. Fox
    • United States
    • Indiana Supreme Court of Indiana
    • February 26, 1902
    ...p. 45; State, ex rel., v. Brunst, 26 Wis. 412, 7 Am. Rep. 84; People v. Lynch, 51 Cal. 15, 24 et seq., 21 Am. Rep. 677; People v. Porter, 90 N.Y. 68; People v. Common Council, 28 Mich. 228, 15 Am. Rep. 202; People v. Albertson, 55 N.Y. 50. As said in Rathbone v. Wirth, 150 N.Y. 459, 45 N.E.......
  • 85 N.W. 882 (Mich. 1901), Moreland v. Millen
    • United States
    • Michigan Supreme Court of Michigan
    • April 25, 1901
    ...intent it was not to be controlled or modified in its construction and effect by the part which was void.' See People v. Porter, 90 N.Y. 68; Jones v. Jones, 104 N.Y. 234, 10 N.E. 269. Attorney General v. Detroit Common Council, 58 Mich., at page 219, 24 N.W. 887. The language used in Black ......
  • 171 N.Y. 74, People v. Dooley
    • United States
    • New York New York Court of Appeals
    • May 13, 1902
    ...of 1867-69 (Art. VI) was a limitation of legislative power respecting the mode of electing all judicial officers. (People v. Porter, 90 N.Y. 73; Sill v. Corning, 15 N.Y. 297; People v. Bull, 46 N.Y. 63; Koch v. Mayor, etc., 152 N.Y. 85; People v. Shepherd, 36 N.Y. 285.) The offices in quest......
  • 73 S.W. 811 (Tex.Crim.App. 1903), Ex parte Lewis
    • United States
    • Texas Court of Appeals of Texas Court of Criminal Appeals of Texas
    • March 25, 1903
    ...Com'rs v. Detroit, 28 Mich. 228, 15 Am. Rep. 202; People ex rel. v. v. Draper, 15 N.Y. 532; People ex [45 Tex.Crim. 37] rel. v. Porter, 90 N.Y. 68; Rathbone v. Wirth, 150 Page 823 N. Y. 459, 45 N.E. 15, 34 L. R. A. 408; People v. Lynch, 51 Cal. 15, 21 Am. Rep. 677; State ex rel. v. Moores, ......
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