97 N.Y.S. 223 | N.Y. App. Div. | 1906
By chapter 252 of the Laws of 1902 the office- of Fiscal Supervisor of State Charities .was Created.’ Pursuant to that act the relator was appointed to such office by the Governor with the con
By section 9 of article 5 of the State Constitution it is provided that appointments and promotions in the civil service of the State shall be according to merit and fitness, and it is further provided that laws shall be made to provide for the enforcement of this section. Chapter 370 of the Laws of .1899 assumes to carry into effect this' provision of the Constitution. By section 3 of this act (as amd. by Laws of 1900, chap. 66) the State Civil Service Commission is created to be appointed by the Governor with.the advice and consent of the Senate. The powers and duties of this commission are prescribed by section 6 of the act. The commission is directed to prescribe and enforce suitable rules and regulations for carrying into effect the provisions of the act and of section 9 of article 5 of the Constitution, and such rules are given the force and effect of laws. Subdivision 3 of that section, which is here for interpretation, prescribes that the 'State Civil Service Commission shall, “ Third. Flake investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this act and the rules and regulations prescribed thereunder, concerning the action of any examiner or subordinate of the commission and any person in the public service, in respect to the -execution of this act, and in the course of such investigations each > commissioner and the secretary and the chief examiner shall have power to administer oaths.” By the 5th subdivision it is made the duty of this commission to make annual report to the Governor for transmission to the Legislature “ showing its own action, the rules and regulations and the exceptions thereto in force, and the practical effects thereof and any suggestions it may approve for the more effectual accomplishment of the purposes of this act.” The defendants claim the right to proceed under subdivision 3 of section 6 above quoted.
This right the relator challenges upon two grounds: First, that the right to make this investigation is not within the terms of the act; second, if the act be construed to .authorize this investigation, that to this extent the act is in excess of' legislative power under the Constitution.
> Again, relator. further- contends that such a right of investiga- ■ tion cannot rightfully be given by the Legislature. He contends ■= that the investigation is in the nature of a prosecution for a crime - and further cites the rule promulgated .by the commission to the effect that a violation of any of the provisions of the act is cause foi\ dismissal-from the public service. In view of this rule he contends that this right of trial and dismissal cannot rightfully be given to the commission. The rule referred to, however, clearly cannot affect -the relator. The defendants, upon this argument, make no . claim of the right of dismissal. That rule must be deemed to refer to such subordinates as are subject - to their jurisdiction to remove. If, also, this investigation be for a lawful purpose, it cannot matter
> It is contended by the relator, however, that' it is conclusively shown that this investigation was not for a legitimate purpose by the title of the papers used before the commission. The papers-are entitled,. “In the Matter of Alleged Violation of Section 24 .of the Civil Service Law in the Department of the Fiscal Supervisor of. State Charities.” -We. are unable to find anything in-this title- . which negatives a legitimate purpose in this. investigation. It does not indicate, as is claimed by the relator’s counsel, that the commission is seeking-to fasten upon the relator a crime. It only indicates that, the investigation is in relation to a violation of a certain section of the Civil Service Law. An investigation of a violation of that Section can be made as an aid to legislative action. If it clearly appeared that-tins investigation were for some other purpose, it might be unauthorized. With..the legal presumption, however, that the investigation is for the purpose of aiding the Legislature in' their duties in reference to the enactment of necessary laws, we find nothing which overbears this presumption or which .authorizes ins to hold that the investigation is for an improper purpose and, therefore, unauthorized. We are referred to some cases wherein .investigations have been either allowed or restrained. Mone of-"them, however, are in cases sufficiently analogous to the case at bar to give us material aid in concluding upon this question. We are of opim ion, therefore, that the investigation is within the authority of the law and that- the direction therefor in the statute was within the right of the Legislature. These conclusions lead to an affirmance of the order.
All- concurred, except Chester, J., dissenting.
Order affirmed,- with costs.