Legal Opinion

In re Schenectady Knights of Columbus Building Ass'n

New York Supreme Court

Decided June 10, 1929PublishedCited by 1 opinion

1Opinion of the CourtRogers, J.

Designation of Wall street, Schenectady, N. Y., as a one-way street is a legislative act requiring direct grant of power to the local authority exercising it. The Legislature could have given this power to the commissioner of public safety (Wilcox v. McClellan, 385 N. Y. 9), but chose to give it to the common council. (Second Class Cities Law, art. 4, § 30.) The duties of the commissioner of public safety are set forth in section 131 of the Second Class Cities Law. He has no legislative power.

The attempt of the common council by ordinance to lodge with the commissioner of public safety its…

2Cases cited4 opinions

  1. Phelps v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
  2. Peace v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905
  3. Howard v. . City of New YorkNew York Court of Appeals · 1923
  4. Westchester Electric Railroad v. AngevineAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by1 opinion

  1. People v. DaltonGarden City Police Court · 1954

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