People Ex Rel. Balcom v. . Mosher
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered Movember 28, 1899, reversing an order of Special Term granting a peremptory writ of mandamus commanding the defendants to appoint the relator to the position of superintendon t of streets and city property of the city of Binghamton for a probationary term of two months, and denying the motion for such writ.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered Movember 28, 1899, reversing an order of Special Term granting a peremptory writ of mandamus commanding the defendants to appoint the relator to the position of superintendon t of streets and city property of the city of Binghamton for a probationary term of two months, and denying the motion for such writ. The charter of that city provides that the mayor shall appoint four commissioners who shall constitute a board to be known as the board of street commissioners of the city of…
1Opinion of the CourtMartin, J.
The only controversy upon this appeal relates to the constitutionality of the civil service statute of 1899. The question involved is the power of the legislature to- abrogate the right conferred by the State Constitution upon the local authorities of a city to appoint such of its officers as are not directed by the Constitution to be elected or otherwise appointed. (§ 2, art. 10.)
The office of superintendent of streets and city property of the city of Binghamton falls within that statute, and, if valid, it is controlling as to the appointment of an incumbent of that office. The provisions of…
2Cases cited16 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- Colon v. . LiskNew York Court of Appeals · 1897
- Chittenden v. . WursterNew York Court of Appeals · 1897
- Rathbone v. . WirthNew York Court of Appeals · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Cassidy v. Municipal Civil Service CommissionNew York Court of Appeals · 1975
- Matter of Barthelmess v. . CukorNew York Court of Appeals · 1921
- Social Investigator Eligibles Ass'n v. TaylorNew York Court of Appeals · 1935
- Northshore School District No. 417 v. KinnearWashington Supreme Court · 1974
76 more not listed; retrieve them via the Exa API.