144 N.Y.S. 127 | N.Y. Sup. Ct. | 1913
The plaintiff, a taxpayer, brings this action to enjoin the payment of pensions to employees of the municipality of the city of New York upon the ground that chapter 669 of the Laws of 1911 is unconstitutional legislation. This action was originally tried before the late Mr. Justice Bisclioff, who wrote an opinion reported in the New York Law Journal, March 14, 1913, pp. 2988, 2989, upholding the constitutionality of the act. Before the opportunity was afforded him to sign formal findings the awful catastrophe intervened which deprived the bench of one of its ablest members. Since the trial before Mr. Justice Bisehoff the legislature enacted a law, popularly known as the Home Rule Law, being chapter 247 of Laws of 1913. Upon this retl’ial of the action the plaintiff, in addition to the views pressed upon the first trial and while maintaining the constitutionality of the Home Rule Law, contends that the effect of this measure is to supersede the provisions of chapter 669 of the Laws of 1911 (which for the sake of convenience will be referred to as the Pension Act), and in the absence of any local legislation by the municipality, pursuant to the powers conferred upon it by the Home Rule Law, that there is no existing authority for granting new pensions or continuing the payment of those heretofore granted. The defendants, on the other hand, through the learned corporation counsel, maintains, first, that the Home Rule Law is unconstitutional, and, secondly, that, if upheld as constitutional, its provisions do not operate to supersede the Pension Act of 1911. The constitutionality of the Home Rule Law is assailed upon the ground that while ostensibly a general law, applicable to all cities, it is in reality designed for the city of New York, and is therefore special legislation, applicable to said city, requiring its submission
The complaint must be dismissed upon the merits.