13 N.Y.S. 365 | N.Y. Sup. Ct. | 1891
This appeal brings up the question whether the city of Hew York is excepted from the operation of chapter 720 of the Laws of 1887, entitled “An act to provide fire-escapes in hotels,” commonly known as the “Hope Act.” The appellant claims such exemption under section 499 of the consolidation act, as amended by chapter 566 of the Laws of 1887. The latter amendment was passed on the 15th day of June, and was made to take effect 20 days thereafter, while chapter 720 was passed on the 25th day of June, and took effect immediately. Chapter 720 is a general law, on its face applicable to the whole state, requiring the proprietors or managers of every hotel exceeding two stories in height, which is not fire-proof, to “place or cause to be placed a rope or other better appliance, to be used as a fire-escape, in every room of said hotel used as a lodging room except the rooms on the ground floor.” Violation of this requirement is punishable as a misdemeanor, and as a means of enforcement provision is made for semi-annual inspections of every room in every city and village hotel in the state. The appellant’s contention is that the amendment of the consolidation act, to which we have referred, was intended to provide a comprehensive and exclusive system for the city of Hew York adequate to remedy all the mischiefs aimed at, embracing a much wider area of subjects than the general act, and conferring authority to effect its objects by better and more appropriate means than a single crude make-shift. This contention is well founded, and the amendment in question certainly does create such a system. It is entirely clear from an examination of these acts that the general law was not intended to repeal, supersede, or modify the carefully framed and broad provisions of the special enactment. The real question is whether these acts are both applicable to the locality. Was it intended to superadd the single and special safeguard provided for in the general act to the elaborate system of safeguards furnished by the special act? After a careful review of these acts, we think this question must be answered in the negative. The requirement of the single safeguard in the general act is absolute. The authority conferred by the special act is plainly inconsistent with the absolute requirement of any one particular safeguard. That act leaves the entire subject to the judgment of the superintendent of
Van Brent, P. J„ concurs. Bartlett, J., dissents.