272 N.Y. 55 | NY | 1936
It is the law of the State (State Const. art. XII, § 2) that the Legislature may not pass any law relating to the property, affairs and government of a city which is special or local, either in terms or effect, except on an emergency message from the Governor and the concurrent action of two-thirds of the members of each house of the Legislature.
The question here is whether chapter 886 of the Laws of 1936 is unconstitutional because it was not passed in that way. This statute adds a new section to chapter 226 of the Laws of 1922. It directs the submission to the qualified voters of every city having a population of one million or more inhabitants, at a general election to be held this year, of the question whether the three platoon system for members and officers of the fire department shall be adopted; and provides, in case of a majority affirmative vote, that the fire commissioner of the city shall divide the employees into three platoons, with an eight-hour day and one day of rest in seven, and that the local legislative body shall enforce the act and provide all necessary funds. Under the act of 1922, the officers and employees of the fire departments in cities of the first class are divided into two platoons, one of which is on duty not to exceed ten hours and the other not to exceed fifteen hours.
Without deciding whether the new statute, though general in terms, was in effect local to the city of New York, the court below held that it did not relate in a legal sense to the property, affairs or government of cities because its subject is in a substantial degree a matter of State concern. The rationale was in substance this: the working hours of firemen will, by the act, be reduced to a point less wearing to their mental and physical *59 resources; their health will thus be improved and their efficiency increased; thereby the safety and welfare of the city and its large population, resident and transient, will be materially subserved, with reflected benefits in a substantial degree to the people of the entire State; hence the statute's subject is a matter of State concern.
We find no support in the decided cases for a conclusion so drily logical drawn from asserted facts without foundation in the record. In allocating a particular statute to the one category or the other, no doubt "the degree of interest on the part of sections of the state, outside of the city or cities directly affected by a statute, may be a relevant factor." (LEHMAN, J., inAdler v. Deegan,
Not so, however, the establishment and control of fire departments. Historically and as matter of common knowledge, fire departments have been recognized agencies of municipal governments, and their organization, operation and administrative control have been deemed matters of local concern. (Cf. Trusteesof Exempt Firemen's Benevolent Fund v. Roome,
The order appealed from should be reversed, without costs, and the application for a peremptory order of mandamus granted.
CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ., concur.
Order reversed, etc. *61