People ex rel. Masterson v. Gallup — 96 N.Y. 628

Majority

p. 628

The People, ex rel. John P. Masterson, Appellant, v. Albert Gallup, as Treasurer, etc., Respondent.

Headnote

The provision of the act of 1875 conferring certain powers upon boards of supervisors (Subd. 3, § 1, chap. 483, Laws of 1875), which authorizes said boards to fix the number, grades and pay of deputies, clerks and subordinate employes in the county offices, applies only to those officers which by pre-existing law were entitled to a clerk.

Accordingly, held, that the appointment by a board of supervisors of a coroner’s clerk was not authorized by said act ; and that the county treasurer was justified in refusing to pay the salary of a clerk so appointed.

(Argued April 39, 1884 ;

decided May 6, 1884.)

This was an appeal from an order of General Term reversing an order of Special Term, which awarded a peremptory mandamus requiring defendant as treasurer of Albany county, to pay to relator his salary as clerk of the coroners of Albany county. 1

The board of supervisors of said county passed a resolution December 22, 1882, by its terms authorizing the coroners of the county to employ a clerk at a salary of $1,200; the relator was appointed as such clerk. He applied to defendant for a month’s salary, who refused to pay the same.

Rufus W. Peckham for appellant.

Marcus T. Mum, for respondent.

Agree to affirm on the ground that the act chapter 482, Laws of 1875, authorized the supervisors to prescribé the number of clerks, etc., in respect to officers only who by pre-existing law were entitled to a clerk; no opinion.

All concur, except Rug-eb, Ch. J., not voting.

Order affirmed.