152 N.Y. 399 | NY | 1897
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *402
In the case of White v. Inebriates' Home for Kings County
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We have, for the reasons stated, reached the conclusion that the existing system of statutory law for the sustentation of charities administered by private incorporated institutions, did not fall with the taking effect of the new Constitution. But we are of opinion that, notwithstanding this conclusion, the relator cannot maintain this proceeding. It must be conceded, upon the construction we have given to the constitutional provisions, that the act of 1877 remained in force after January 1, 1895. The duty of the comptroller to make the payments under the law continued after that time, and he refused to comply with the requirements made upon him by the executive committee of the home. The home continued to make monthly requisitions until May 1, 1896, and then instituted this proceeding to compel the payment to it of the sum of $156,269.55, being fifteen per cent of the excise moneys received by the comptroller from January 1, 1895. It is *411
not claimed, nor can it be pretended upon the facts, that an equivalent sum or any large proportion of such amount was expended by the home in the care and maintenance of inmates during the period mentioned. It is very probable that this was for lack of means to prosecute its charitable work by reason of the refusal of the comptroller to make the payments required. But it remains, nevertheless, true that the relator now seeks, by mandamus, to compel the payment into its treasury of a very large sum of public money, authorized to be paid to it for current support of inmates of the institution during the period when the fund accrued, although to a great extent it ceased its operations and did not, except to a limited extent, perform the service which was the consideration of the payment to be made out of the public funds. It is entirely plain that it was the intention of the act of 1877 to provide public aid for current expenses only, and that it was not intended to provide a fund for the uses of the home in future years, or an endowment for its support. It may be admitted that the comptroller, in refusing to comply with the requisitions made upon him, violated his duty, but the real question here is whether the court will compel the payment of public moneys to a private corporation under an appropriation made for a special and limited public purpose, where the application to such purpose has become impossible and the consideration for the appropriation has failed. We think not. If the relator has a claim for any amount it cannot be enforced in this proceeding. (See Shepherd's Fold v. Mayor, etc.,
The order of the Appellate Division should, therefore, be affirmed, with costs.
All concur.
Order affirmed. *412