People ex rel. Wagstaff v. Matthews

The appellant is a police officer of the village of Hempstead, earning forty-six dollars a week. The appellant and his former wife, the mother of the child, are divorced, and both have since remarried. The child is living with her mother and stepfather.

The jurisdiction of the Children’s Court to make the order is challenged by the appellant. He maintains that under section 18 of article 6 of the Constitution of the State of New York it is not within the power of the Legislature to grant authority to a Children’s Court to make the order from which the appeal is taken. The appellant contends…