71 N.Y.S. 352 | N.Y. App. Div. | 1901
The sole question presented upon this appeal is, whether chapter '167 of the Laws of 1895 was a special city law, which was required by section 2 of article 12 of the Constitution to be transmitted to the mayor of the city of Hew. York for his approval. The claim against the city which the. plaintiff seeks to enforce arose under chapter 120 of the Laws of 1865. By that act commissioners were appointed for the erection of a public market in the eighteenth ward of the city of Hew York. The said commissioners were directed to have plans and specifications prepared, to advertise for proposals for the erection of the said building and work necessary’ for the completion of said market and to award the contract to the lowest bidder therefor. The commissioners were to keep full minutes of their proceedings and file a true copy thereof -with the clerk of the common council of the city of Hew York. The mayor, aider-men and commonalty of the city of Hew York were authorized and directed to create a public fund or stock to be denominated market stock to the amount of $75,000; to sell and-dispose of said stock and to pay' over the proceeds thereof to such persons as said commissioners, or a majority of them, should by their draft or order direct in writing; "the said stock to be paid by taxation, the entire expendL ture authorized by the act not to exceed the sum of $75,000. In pursuance of this statute the commissioners made a contract with one Vandervoort to erect the building for the sum of $70,404.
It will be noticed that there is no provision in the statute making the city of Hew York liable in an action at law for the amount due under the contract. The payment to the contractor of the amount due under the contract imposes an obligation upon the comptroller to issue city stock to the amount of $75,000, directing him to sell such stock and to pay the amount realized therefrom to such persons as the commissioners or a majority of them should direct in writing, the money realized from said stock to be applied solely and only to the erection and completion of the public market’ before specified. The record does not disclose what amount of the stock authorized to be issued by this act was actually issued, or what disposition was made of the proceeds thereof; but whatever claim the plaintiff had against the city of Hew York was many years ago barred by the Statute of Limitations, and before the passage of the act in question no e'nforcible obligation of the city of Hew York in favor of the contractor existed.
Vandervoort (the contractor) died, leaving a last will and testament whereby he gave all of his property, both real and personal, to his wife, and appointed her sole executrix. Letters testamentary were issued on the 8th of October, 1874 ; and on January 11,1892, Yandervoort’s widow, individually and as executrix, assigned this claim against the city of Hew York to the plaintiff in this action.
The claim against the city being thus barred by the Statute of Limitations, the two houses of the Legislature passed an act, entitled “ An Act for the relief of Sophia G. Vandervoort, widow of Charles Vandervoort, deceased, her successors or assigns,” which was approved by the Governor on March 26, 1895. By this act Sophia G. Vandervoort, widow and executrix of Charles Vandervoort,
It was admitted by the parties on the trial that a certified copy of this act was not transmitted to the mayor of the city of Hew York by the house in which the same originated, or by either house; that the mayor did not return the same to the house from which it was sent during the session of the Legislature with the mayor’s certificate thereon, stating whether the city had or had not accepted the saíne, and that the provision of section 2of article 12 of the State Constitution was not complied with. By this section of the Constitution the cities of the State are classified ; cities of the first class, including all cities ' having a population of 250,000 or more ; laws relating to the property, affairs or government of cities and the several departments thereof are divided into general and special city
If the act, therefore, is a special city law, it was never passed in conformity with the provisions of the Constitution, and never became a law of the State. This law applies to but one city, viz., the city of. Hew York, and is concededly a special city law if it relates to the “ property, affairs or government of cities.” The court below held that this law did relate to the property, affairs or government of the city of New York, and in that conclusion we agree. 'The contract out of which this claim arose was to provide the city of New York with a public market. From the earliest times one •of the objects of the incorporation of the city of Hew York was to provide market facilities for the inhabitants of the city, and the city was authorized to own and maintain markets. The Dongan charter recites • that the city had erected two market houses, and grants to the city authority to keep their market days weekly. (See, also, the Cornbury Charter and Montgomerie Charter.) The maintenance of markets was distinctly a city purpose, authority to procure and maintain which was vested in the city. This act of 1865, which was passed for the purpose of constructing for the city of Hew York a market, was, therefore, a law relating to the city, providing for the construction of a market upon property belonging to the city and for the payment for erecting that market by an issue of obligations of the city. The act itself specifically affects the property of the city, provided for improving such property by the city which was to bear the expense of such improvement.
It is unnecessary to attempt to define strictly the limit of this provision of the Constitution. Its object was to allow a city of the State information of acts before the Legislature solely affecting its interest, and an opportunity to communicate to the Legislature any objection which existed to the passage of the proposed act. It provided that before the Legislature passed such an act it should be communicated to the city authorities, so that they could communicate to the Legislature any objection that existed to the passage of
But we have no doubt that any act requiring a specified city to pay to a person in whose favor no legally enforcible claim exists a sum of money, and authorizing such person to commence and maintain an action against the city to recover it, is an act that relates to the “ property, affairs or government ” of the city and is within the provisions of the Constitution above referred to. The question that is presented is not as to the constitutional power of the Legislature to pass this act. It is whether or not the Legislature lias complied with the provisions of the Constitution in its passage. These constitutional provisions are remedial in their nature for the protection of the cities of the State, and there is no reason why they should not receive a broad and liberal construction which would carry out the beneficial intention of the people in providing that these special city acts should not be passed without giving to the municipalities an opportunity to present such objections as exist to their passage.
Van Brunt, P. J., O’Brien, McLaughlin and Hatch, JJ., concurred.
Exceptions overruled and motion for new trial denied, with costs.