126 N.Y.S. 252 | N.Y. App. Div. | 1910
This is an appeal by the commissioner of accounts from an order directing a peremptory writ of mandamus to issue, requiring the said commissioner to permit the relator to inspect all books of minutes, entry or account, and the books, bills, vouchers, checks, contracts or other papers connected with or used, or" on" file in the office- of the commissioner of accounts “in the matter of a special-investigation of the accounts and methods of the office of the President of the Borough of Queens.”
The relator’s petition sets forth that the defendant, as commissioner of accounts, has taken the testimony of many persons and witnesses, in a matter relating to the methods and accounts of the office of the president of the borough of Queens; that defendant swore said witnesses, and that their testimony has beeii reduced to typewritten form and filed with defendant as commissioner of accounts; that from time to time defendant has reported the. result of his investigations to the mayor, and suggested that a copy of his reports and of the record taken should be forwarded to the district attorney of Queens county; that said reports and records were so forwarded to' said district attorney and an indictment found against the borough president of the borough of Queens. The petitioner states that he desires to procure a certified copy '“ of the minutes of the proceedings” had before the defendant for the purpose of presenting the same to the Governor of the State for such action as he might deem just.
The relator based his application npon.section 1545 of the Greater Hew York charter, which reads as follows :
“ § 1545. The heads of all departments, except the police and law departments, and the chiefs of- each and every bureau of said departments, or any of them, except the police and law departments and all borough presidents, shall, with reasonable promptness, furnish to any taxpayer desiring the same, a true and certified copy of any book, account or paper kept by such department, bureau or officer, or such part thereof as may be demanded, upon payment in
It appears from a memorandum filed by the learned justice at Sj>ecial Term that he granted the writ under section 51 of the GreneralMunieipal Law (Consol. Laws, chap. 24; Laws of 1909, chap. 29), which reads as follows: “ All books of minutes,.entry or account, and the books, bills, vouchers, checks, contracts or other papers connected with or used or filed in the office of, or with any'officer, board or commission acting for or on behalf of any county, town, village or municipal corporation in this State, are hereby declared to be public records, and shall be open, subject to reasonable regulations to be prescribed by the officer having the custody thereof, to the inspection of any taxpayer.”
■ It will be seen by reference to the petition that what the relator desired, and all that he asked for was a copy of the “minutes and record ” of the proceedings conducted by defendant in investigating the office of the president of the borough of Queens, and a reading of the petition indicates that what the petitioner meant by the “ minutes and record ” was a copy of the stenographic report of the evidence taken. There áre very obvious reasons why the commissioner of accounts should not be compelled upon the demand of any taxpayer, as a matter of strict right, to disclose evidence which has been elicited in the course of an investigation of a public office. In many cases, perhaps in most, such a disclosure would do no harm
The section above quoted from the Greater Uew York charter is the only one which in terms requires the court to make a peremptory order for an inspection, and the order therein provided for is limited to the “particular book, account or, paper ” that the taxpayer desires to inspect and which is described in his petition. The only paper described in relator’s petition, and which he expresses a desire to inspect, is the typewritten transcript of the stenographic notes of the testimony taken by defendant. The order appealed from gives the relator the right to inspect much more than this, extending to “ all books of minutes, entry or account, and the books, bills, vouchers, checks, contracts or other papers connected with or used or on file ” in defendant’s office in the matter of the investigation referred to. This gives relator more than he asks for, and is much too broad if the order is to be tested by the terms of the charter provisions. It should, at the most, .have been limited to what the relator asked for, to wit, the minutes of the testimony. But the charter provisions would not justify an order for the inspection of these minutes. The section specifically describes what a taxpayer is entitled to inspect and have copies of. They are the “books, accounts and papers in any department or bureau thereof,” except the police and law departments. These words clearly refer to the books, accounts and papers showing the transactions of the department or
It follows ■ that the order appealed from must he reversed, with ten dollars'costs and disbursements, and the motion denied, with ten dollars costs.
" Ingeaham, P. J., McLaughlin, Laughlin and Clabke, JJ., concurred. ■
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dolíai s costs.