63 N.Y. 48 | NY | 1875
Sullivan v. The Mayor, etc. (
The statute last referred to is the annual tax levy for the city government of New York, and by it, and for the purpose of limiting the expenditures of the sums by the same act authorized to be raised by tax for the support of the city government, the common council and heads of departments *51 are prohibited from "creating any new office or department, or increasing the salaries of those now in office, or their successors, except as provided by acts passed by the Legislature." The law in which this provision is found is a temporary act, and in the absence of some indication of an intent of the legislature, it will not operate as a repeal or modification of charter regulations or general laws. The corresponding act of the year preceding, contained a similar prohibition, but with a marked difference in the exception, as that act excepted from the prohibition only as provided by acts passed by the legislature of 1868, which suspended the operation of the general laws, and the powers of the city government in the matter of creating offices and increasing salaries during the continuance of, and for the purposes of that act, except as permitted by laws passed by the same legislature. (Laws of 1868, chap. 853, § 9.) Under the act of 1869 the city government may do any act expressly authorized by any act of the legislature, whether enacted before or after the passage of that law. If follows that the ordinance authorizing the appointment of the plaintiff was valid, and the appointment regular. The fixing of the salary by reference to that paid to another officer of the same grade was valid, irrespective of the question whether the salary of that officer had been legally increased or not. The plaintiff was appointed by authority of the common council, and the effect of the ordinance was to declare that his salary should be $2,500 per annum. That was the sum clearly intended, and is made as certain by reference to the salary then actually paid to the officer named, as if the sum had been expressly named.
The judgment must be affirmed.
All concur; except ANDREWS, J., not voting.
Judgment affirmed. *52