113 N.Y.S. 1007 | N.Y. Sup. Ct. | 1908
This is an application for a peremptory writ of mandamus to compel the comptroller of ithe city of Hew York to audit and pay the salary of the relator as an engineer of the Metropolitan sewerage commission. The relator was appointed engineer of the Metropolitan sewerage commission, at a salary of $4,000 per annum, and duly en
The precise question, therefore, which is presented for decision is whether or not the salaries of employees of the Metropolitan sewerage commission must be fixed by the board of aldermen under section 56 of the Greater New York charter. While the language of section 56, in terms, relates to “ the salary of every officer or person whose compensation is paid out of the city treasury,” yet, in fact, this provision “ does not include any but city officers.” This was distinctly held in Whitmore v. Mayor, 67 N. Y. 21, where the same language was given this interpretation. The language employed in section 56 of the Greater Hew York charter, broad in its scope as it is, is subject to the limitation that it is applicable only to city officers. So that the subject presented for determination is narrowed to the question as to whether the Metropolitan sewerage commission is a State or city commission. Section 56 of the Greater Hew York charter has application to this case, therefore, only in the event of the Metropolitan sewerage commission • being held to be a city commission. The determination of this question makes necessary another and independent inquiry to determine the nature and character of the Metropolitan sewerage commission. This inquiry must be pursued without reference to the provisions of section 56 of the Greater
The Metropolitan sewerage commission being a State commission, it follows that the provisions of section 56 of the Greater Yew York charter are inapplicable to its employees. It follows from this conclusion that a peremptory writ of mandamus should issue. Yo costs.
Application granted, no costs.