35 A.D. 141 | N.Y. App. Div. | 1898
Chapter 464, Laws of 1887 (amending chap. 312 of the Laws of 1884), provides that “ In every public department,” including those of villages, “ honorably discharged Union soldiers * * * shall be preferred for appointment.” Section 1, chapter 821, Laws of 1896, contains the same words.
The direction of a department of the government is one thing, the execution of the directions given by it is another, and the statute cited relates to the latter function..
The order should be reversed, with ten dollars costs, and motion denied, with ten dollars costs.
All concurred, except Putnam, J., not acting.
Order reversed, with ten dollars costs and disbursements, and application for mandamus denied, with ten dollars costs.