Thompson v. Board of Fire Commissioners

By this article 78 proceeding petitioner seeks an adjudication that chief’s bulletin 2-69, which purports to control the grooming of hair of volunteer firemen in the Massapequa Fire District, is unconstitutional. Unfortunately, however, the papers are insufficient to present the constitutional question, for it is elementary that courts will not decide consitutional questions unless necessarily involved and, it appears, the matter can be decided without reaching the constitutional issue.

The alternative ground is that, so far as appears from the papers presented, the procedure by which chief’s…