Davidson v. Mayor of New York
New York Court of Common Pleas
Case submitted on a statement of facts agreed upon. The question submitted was as follows: Is the act, chapter 279 of the Laws of 1884, valid and sufficient to authorize the Board of Estimate and Apportionment to fix the fees, percentages and allowances of the plaintiff during his term of office at the rates set forth in their resolution of December 29th, 1884, for services thereafter to be rendered ? The facts upon which the question arose are stated in the opinion.
1Opinion of the CourtJ. F. Daly, J.
The legislature is prohibited from passing any private or local bill creating, increasing or decreasing fees, percentages or allowances of public officers during the term for which said officers are elected or appointed (Const, art. 3 § 18). The act under examination is a local bill, being “An act to regulate and provide for certain expenses of conducting the office of Sheriff of the City and County of New York.” It does not directly fix the fees of the sheriff, but it takes away from the Board of Aldermen of said city and gives to the Board of Estimate and Apportionment of said city the…
2Cases cited2 opinions
- Mangam v. . the City of BrooklynNew York Court of Appeals · 1885
- William v. Mayor of New YorkNew York Court of Common Pleas · 1884