59 N.Y.S. 134 | N.Y. Sup. Ct. | 1899
The defendants constitute a commission, appointed under the provisions of chapter 789 of the Laws of 1895, for the purpose of constructing a permanent suspension bridge over the East river, between those portions of the city of Yew York, which were formerly the cities of Yew York and Brooklyn. The duties of the commissioners comprise the preparation and adoption of plans for the bridge, the execution of contracts therefor and the supervision of the work thereunder. All the cost and expense of constructing the bridge are to be met and paid by the city of Yew York out of the proceeds of bonds. .The bridge,' when completed, is to be a public highway, in the charge of the municipal authorities. Among the contracts entered into by the defendants was one for the construction of the anchorages of the bridge, which are to consist mainly or largely of granite. It is claimed by the relator that the contractors for these anchorages have persistently violated certain provisions of the Labor Law (chap. 415, Laws of 1897), and
A question is suggested as to the right of this relator to maintain this proceeding. Ordinarily, and when the remedy by mandamus is resorted to for the purpose f enforcing a private right, no person can invoke the" remedy as relator unless he appears to have a personal interest in having the right enforced. The relator has no such personal interest. . He is not in the employ of the contractors, nor has he, so far as appears, ever applied to be employed at the prevailing, or any other, rate of wages. He describes himself as a citizen of the United States and a resident and householder in the city of New York, and a representative of the New York branch of the Granite Cutters’ National Union. Of course, his relation to the union adds nothing to his legal right to proceed by mandamus, although it is doubtless owing to that relation that he has become interested in the subject. He has no private right to be enforced and no personal grievance to be corrected, and the question is therefore presented whether a citizen, having no interest in the question other than that which is common to all citizens, can maintain a proceeding by mandamus to compel public officers to perform a duty imposed upon them by the statute known as the Labor Law. There has been much diversity of opinion in this country-whether a private person can sue out a. writ to enforce the performance of a public duty, unless the nonperformance of .it works a special injury to him, but the decided preponderance of authority is in favor of the doctrine that a private person may move
Motion granted.