80

the most extraordinary documents on record. If it had been
prepared with a design, it could not have been more artfully,
or I should say, skillfully framed. If they had given bond
under it, they would have been precluded by its terms from
ever attempting to obtain the office, even by man-
damus, and would have forfeited their recognizance by so
doing. The other party would have forever remained do facto
Commissioners. Had the Commissioners a right to barter
away the rights of the people ?—to abandon the duties and
control of the funds of the city to others in order to obtain
their personal liberty ?

Suppose the General Assembly instead of the Governor
had removed the Commissioners, it is asserted that the new
appointees would have to come into court to obtain their office
by mandamus. Is the authority of the General Assembly to
be set at nought and defied in this way ? Suppose a judge
is removed from office by the Legislature, is he to be allowed
to go on administering the law as a de facto judge ? The
Governor in this case has the same power as the General As-
sembly, and his acts have the same force as the acts of the Leg-
islature.

Mr. Schley then referred to a case in which the Pope had
issued a sentence of excommunication, in which the question
arose whether the act of his Holiness went into effect eo in-
stante, or took effect after notice. In this case, said Mr.
Schley, we took care to give the notice. He then referred to
the case of Ford, in which the Clerk, of the Court amended
the verdict of the jury, which the Court of Appeals set aside
as an illegal act. He denied that the Judge of the Criminal
Court had any power to amend the charge and commitment
in the absence df the accused. The second commitment is a
nullity until the first is got rid of. He was informed that it
had been the practice of the Criminal Court to amend com-
mitments in that way, but it is a bad practice, and ought to
be abolished.

The great question in this cause is, are the newly ap-
pointed Commissioners, the Police Commissioners. He would
not argue before the court as to the power of the Governor to
remove and appoint Commissioners. Suppose complaint had
been made to the General Assembly, and that body had made
the removal, would its power have been denied ? If the old
Commissioners will not give up, they are assuming a great
personal responsibility. Their acts are illegal, and they can
be made liable in damages for what they do. We need no
mandamus—the seal of the Governor is sufficient. The Judge
of the Criminal Court seeks to stay the execution of law and
decide the question of title. "Upon what meat does this our
Caesar feed that he has grown so great?" The validity of
his action involves the question of title, and it becomes the