The New Police Bill

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The New Police Bill.

[text cut off] publish below a communication from Mayor Northup to the Chief of Police, in re[text cut off] to the pay of the force for the month of [text cut off]. The communication speaks for itself. [text cut off] position taken by the Auditor seems to be [text cut off] only one which the financial officer of the [text cut off] could safely take, whatever his opinion as [text cut off] the constitutionality of the law.¹ The new law deprives him of all power to audit the pay of the police force and rests it elsewhere. Pending the decision of the court, it would be imprudent, to say the least of it, were he to assume the invalidity of the new law, and continue paying salaries of police under the old system.

There never was a law passed by any Legislature which has been so much spoken of and so little understood in its main provisions, as this same police law. We hear people censure or praise it, from day to day, who do not seem to understand its simplest provisions. The New York papers are constantly enlightening the people on the probability of the "Commissioners" forming another police than the existing one, and thus have two clashing forces in the field. This would be an usurpation of power truly, for no such power exists. The Commissioners simply possess the power to appoint so many "patrol men" as the Board of Aldermen of the City of Brooklyn and the Board of Supervisors of the County of New York "may designate as the [text cut off] of the patrol force to be paid for by said" which respectively—each locality having the power to increase or diminish the number at each meeting of their respective Boards if they choose to do so. So that it will be perceived that Brooklyn, through her Common Council, still has control of her own police in regard to the number which shall be employed and paid for by her. The Board of Commissioners cannot stir one peg without the consent of the city or county authorities. So in regard to moneys—they are hampered in, and no moneys can be raised until passed upon by an Auditing Committee, composed of the Comptrollers of New York and Brooklyn and the Presidents of the Boards of Supervisors of the several counties consisting of the Metropolitan Police District. Such, at least, is the tenor of the latest amendments made to the bill, and which were introduced subsequently to the procurement of copies for publication in the New York papers.

Another common error is the supposition that our financial officers have the power, under the new law, to pay the police. The law provides that all the unexpended moneys in the City Treasury, applicable to the pay of the police, shall be paid over to the State Treasurer, on demand, and then drawn therefrom by the Treasurer of the "Metropolitan Police Board," and by him disbursed to the force. Whether the bill be a good one or a bad one, all laws of the Legislature should be considered as valid, until those specially set apart by the people to settle questions like the one at issue shall have pronounced them invalid. In this lies our safety:

AUDITOR'S OFFICE, BROOKLYN, May 1, 1857. John S. Folk, Esq., Chief of Police.

SIR.—You will make up your returns for the pay of the Police to and including April 23d.

The new Police law reads as follows:

"The police of the Cities of New York and Brooklyn, officers and patrolmen, shall continue to do the duty under existing laws, at the passage of this act, and according to the regulations of the department of New York and Brooklyn, until after the first meeting of the board of Police, under this act, when the said police shall hold office and do duty under the provisions of the act hereby enacted, and as members of the police force of The Metropolitan Police District' hereby constituted."

The first meeting of the above mentioned board was held on the 23d ult, and from that time the police force is supposed to fall uner the provisions of the new law, until it shall have been proven unconstitutional. The provisions of the new law take all control of the payment of the Police force from the financial officers of the City of Brooklyn, and transfer the power to pay to the Treasurer of the Metropolitan Police Force. It appears to me from the following language of the new law, repealling the provisions of the old law inconsistent therewith, that my powers in regard to the police pay have been cut off.

Sec. 35. All statutes, parts of statutes, and provisions of acts are hereby repealed, together with all modes and qualifications of appointment to office as members of police department or of election to office therein, inconsistent with the provisions of this Act, whether such statutes, provisions and modes of qualifications relate to the City of Brooklyn or to the County of Kings, or to the City and County of New York."

Whatever view may be entertained with regard to the constitutionality of the new law, it would, I think be improper for me, as an officer created by law, to take an affirmative step contrary to its direction, by authorising the disbursement of the public moneys of this City until the law in question shall have been judicially pronounce invalid, or at least without some judicial sanction for my protection.

Under these circumstances you will perceive that I cannot be expected to do more than to audit the police bills up to the time above indicated

D. L. NORTHUP, Auditor.

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