135 N.Y.S. 192 | N.Y. Sup. Ct. | 1912
This is a quo warranto proceeding to determine which of two rival boards are the lawful trustees of the freeholders and commonalty of the town of Southampton. Relators sue as successors of the board of twelve trustees, named in the colonial charters, having been elected at an April town meeting, as provided by these charters under a procedure continued for over two centuries.
Defendants, known as the five board, claim-to have been elected as successors to the “present board of trustees” for a two-year term at the biennial town meeting held in various election districts, under the act of 1892. This act is claimed by the relators to be'unconstitutional: (1) Being a local act, it is objected that it embraces more than one subject, and that the subject is not expressed in the title; also (2) that it is void for uncertainty; further (3) that it impairs the obligations of the grants in the charter in violation of the federal Constitution. The grants were in the charter by Gov. Andross in 1676 confirmed and followed by the grant in the Dongan Charter of 1686. By the Andross Charter the legal title to the common lands vested in the trustees, which the Dongan Charter confirmed. Trustees v. Betts, 163 N. Y. 457, 57 N. E. 762. These colonial charters were ratified by the Colonial Assembly on May 6, 1691 (1 N. Y. Col. Laws, p. 224), and by successive state Constitutions. Authority has been exercised by these trustees over common lands, riparian rights, and town franchises. The Legislature by Acts in 1818 (chapter 155) and in 1831 (chapter 283) have recognized these colonial trustees. Meanwhile the growth of population in Southampton made it difficult for the voters from such extensive territory to assemble in one place for an election. General state laws recognized biennial elections (Laws of 1890, c. 569), and also permitted the separation of the town voters into one or more election districts (Town Law [Consol. Laws 1909, c. 62] ,§ 65). In 1902 a reorganization statute was passed. The full act is as follows:
“An act to provide for the election and to prescribe the terms and compensation of the town trustees of the town of Southampton in the county of Suffolk, and legalizing payment of compensation to the present and former trustees.
“The people of the state of New York, represented in Senate and Assembly, do enact as follows:
“Section 1. There shall be elected in the town of Southampton, county of Suffolk, at the town meeting to be held in such town in April, 1903, and bi*194 ennially thereafter, as successors to the present board of trustees, five trustees, for a term of two years each.
“Sec. 2. Each of said trustees shall be entitled to receive the same compensation as other town officers for each day he shall be actually and necessarily employed in the discharge of the duties of his office.
“Sec. 3. The payment of compensation by said town, at the above rate, to the present and former trustees of said town for services actually and necessarily rendered by them in the performance of the duties of their office is hereby legalized.
“Sec. 4. This act shall take effect immediately.” Chapter 133, Laws 1902.
The provision that the new trustees shall be five comes in the first section. It does not break the unity of the statute. .The intent of this inhibition is that the title may apprise the public of the subject of the legislation. If anything has been surreptitiously inserted, or it contains an incongruity such as to mislead, the prohibition applies. Such was the so-called Albany penitentiary amendment. It was annulled because Cullen, J., found that its title tended to avert public attention from the real subject. People ex rel. Corscadden v. Howe, 177 N. Y. 499, 504, 69 N. E. 1114, 66 L. R. A. 684. It did not hint that in that act lurked a power to turn over the penitentiary to the sheriff, and even to discontinue it, and to dispose of the land. On the other hand, the title of this act dbes not mislead. The number of the trustees to be elected, not only had a natural connection with the subject expressed, but was necessary and essential to' such a provision, and therefore was not within this prohibition. Ensign v. Barse, 107 N. Y. 329, 14 N. E. 400, 15 N. E. 401. The later tendency is to construe this provision liberally, rather than to embarrass fair and legitimate legislation by overstrictness. Cooley, Const. Limitations (7th Ed.) 209; People v. Coler, 173 N. Y. 103, 65 N. E. 956.
3. The relators urge that the act offends the federal Constitution, as impairing the obligation of a contract. Dartmouth College v. Woodward, 4 Wheat. 518, 4 L. Ed. 629. They assert that these charters to Southampton conveyed rights that, once given, could not afterwards be modified. It is said that nearly all the Long Island towns were created by royal charters, or by patents creating corporate bodies, giving the inhabitants more or less power of self-government. Thus in the same year 1686 Gov. Dongan granted confirmatory charters to New York City April 27th, to Breuklen May 13th, and same day to New Utrecht, to Jamaica May 17th, to Gravesend September 10th, to Newtowne November 25th, to Southampton December 6th, and to Brookhaven December 27th.
Huntington’s Dongan patent had complete revision in 1873. The territory of Babylon was set off (chapter 105), and later (chapter 492) the charter trustees of Huntington were abolished, andl new town officers substituted. Similar important modifications were enacted in respect to the trustees of Brookhaven. Chapter 73, Laws 1899. When this constitutional objection was urged as to New York City, it was held that the Dongan Charter was governmental, and not private, and therefore was subject to full power of amendment. Demarest v. Mayor, 74 N. Y. 161. The fact that these trustees at one time had title to the common lands, and have also title to the lands under water, and are vested with riparian rights, does not make them the less public. Such title is held in trust for all the inhabitants as a public and governmental agency. The Legislature can therefore change the number of such trustees, and can make their term of office biennial, to conform to the elections of other town officials. The Dartmouth College Case applies to institutions that are private. It would be intolerable to impose such a prohibition upon a municipal charter, however perfect it may be. Covington v. Kentucky, 173 U. S. 231, 241, 19 Sup. Ct. 383, 43 L. Ed. 679. It is vain to seek to bind town governments to seventeenth century limitations. The principle of the Dartmouth College Case is not to be extended. It would cripple the state in the effective control of its citizens and in advanced measures for their welfare. Least of all should it be invoked to check the growth and development of towns which started under conditions now outgrown. Hence it is concluded that the act of 1902 was in proper form, and within the constitutional power of the Legislature. It follows that the defendants are the lawful trustees of the freeholders and commonalty of the town of Southampton, and that the relators are without lawful right to such office. ,
Judgment is directed accordingly.