People ex rel. Dobson v. Ennis — 56 N.Y. St. Rep. 191

Majority

p. 191

The People ex rel. John F. Dobson, Appl't, v. John Ennis, Fire Commissioners, etc., Resp’t.

(Supreme Court, General Term, Second Department,

Filed December 1, 1893.)

Headnote

Brooklyn—Hire department.

Chapter 710 of 1893 did not repeal the provisions of the charter of the city of Brooklyn in respect to the compensation of members of the fire department.

p. 192

John A., Quintará, for appl’t; Almei F. Jenhs, for resp’t.

The relator is a member of the fire department of the city of Brooklyn. By the charter of the city, chap. 583, Laws of 1888, the compensation of the relator was provided for; sec. 5 and 6, title 13. In 1892, the legislature passed this act.

Chapter 710.

An act in relation to the compensation of the officers of the department in all cities of the state having, according to the last census, a population exceeding nipe hundred thousand.

Afpboved by the governor, May 80, 1892, Passed, three-fifths being present.

The People of the State of New YorJc, represented in Senate and Assembly, do enact as follows :

Section 1. The board of fire commissioners in all cities of the state having, according to the last census, a population exceeding 900,000, are hereby authorized and empowered, with the approval of the board of estimate and apportionment, to fix and determine, from time to time, the salary of the members of the fire department; the chief of the department whose salary shall not be more than $6,000 nor less than $5,000, and the two deputy chiefs whose salary shall not be more than $4,500 nor less than $3,500, and the chiefs of battalion whose salary shall not be less than $2,750 nor more than $3,500; and to captain or foreman of the department whose salary shall not be more than $2,500 nor less than $1,800, and to assistant foreman or assistant captain whose salary shall not be more than $1,800 nor less than $1,500.

2. The pay or compensation mentioned in the foregoing section shall be paid monthly to each person entitled thereto, subject to such deduction for and on account of lost sick time, disability, absence or fines, as the said board may by rules and regulations, from time to time, prescribe and adopt.'

3. All. acts and parts of acts, inconsistent with this act, are hereby repealed.

4. This act shall take effect immediately. . -

This law does not repeal the provisions of the charter in respect to the relator. Such is the general rule. McKenna v. Edmundstone, 91 N. Y., 231 .

There was a lien law in this state applicable to New York county only. Subsequently a general lien law was passed applicable to the cities of the state. The court of appeals held that the local law was not repealed by the general law governing a lien in the cities of the state, The state rule was approved in Van Denburgh v. The Village of Greenbush, 66 N. Y., 1 . Buffalo Cemetery Association v. City of Buffalo, 118 id., 61 ; 27 St. Rep., 749 . The act of 1892 was a general statute. Matter of Evergreens, 47 N. Y., 216 .

It purports to apply to all cities having a certain population in the state. There is legislative intent to repeal the charter contained in the language of the law. By chapter 218, Laws of

p. 193

1887, a law was passed in the same general terms applicable to cities of over 900,000 population. That act recited correctly the officers in the city of Hew York, which was the only city, in fact, having that population at that time. The law of 1892 denotes correctly the officers of the Hew York fire department and fails to declare the Brooklyn city officers who govern and operate that department. Brooklyn has no board of fire commissioners, but one commissioner of fire. There are no deputy chiefs or captains or assistant captains in Brooklyn, and no board of estimate or apportionment. There is a board of estimate only. There exists .a foreman in Hew York and Brooklyn, but this is entirely insufficient to compel the execution of a law clearly applicable in all its parts to Hew York only.

The order should be affirmed, with costs and disbursements.