People ex rel. Kammerer v. Warden of the New York County Penitentiary

Headnote

Constitutional law — Parole Commission Law — habeas corpus — con- ' stitutionality of Parole Commission Law — writ of habeas corpus dismissed.

People ex rel. Kammerer v. Warden, etc., 215 App. Div. 673 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 23, 1925, which affirmed an order of Special Term dismissing a writ of habeas corpus. Relator, a prisoner in the New York County Penitentiary, sued out the writ claiming that the Parole Commission Law (L. 1915, ch. 579, amd. L. 1916, ch. 287) under which he claims he is held is invalid, because the bill providing for the amendment, passed in 1916, was not properly passed so as to affect the city of New York or that class of cities, and that the amendment t'o the Constitution providing for the classification of cities was adopted in

defiance of the express provisions of section 1 of article 14 of the Constitution of the State of New York, prescribing the mode and manner to be followed in amending the Constitution.