New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-08-22
AN IMPORTANT DECISION.

TIE DEFICIENCY BILL DECLARED CONSTITUTIONAL
THE CONTROLLER ADVISED TO PAY CLAIMS Nth
ERTo DELAYED
The Corporation Counsel, in reply to the
query of Controller Green, has rendered opinion
which having IL does bearing the Charter ana
other acts passed by the last Legislature OF the ut
most Importance the Charter the title did cover
all the provisions OF the act. 1t was
called IAN act to provide for the local
government OF the City OF New-York" aud
omitted 20 say county" which is not in accordance
with the constitution, which that each bill must
have its substance expressed in the title The Deficiency
bill Chap f56 OF the Laws OF 1879 provides in the title
for the payment the further expenses Of the local
government of the "City OF New-York;" but in the
body OF the bill provision is made for the payment OF
county expenses II VIII be that In the opinion Of
the CORPORATION Counsel given below, the Controller is
justified in paying both city and county expenses. This
Will enable the Controller to settle many claims which
have been long pending;
ANDREW ii. GREEN. Controller:
sIR; Your letter of 3Oh ut TO the Counsel the
Corpaton referring to chapter 756 of the laws or 1875
entitled AN act to make further PROVISIONS for the pay
City of New York" was duly received. You ask his
opinion whether the omission In reference the county
IN the title OF this act will affect the authority 10 pay
claims and jud gments against the County OF NewYorK
bonds can he legally issued by the county TO pay SAID
claims and judgments, as authorized by said first
section.
Legislature which, by its title relates TO the city only
can also contain provisions in relation TO the County or
NewYOrk heretofore received the careful consider
alton OF the Counsel 10 the Corporation. Section 10 OF
Article Of the Constitution OF this state fOlOws
No private or which be passed BY the shall
embrace more subject and that shall expressed title.
Now if city matters constitute one subject and county
matters another subject, within the meaning OF this sec
ton of the Constitution, II seems clear that act,
which, by its title relates to the local government OF
the City ana County OF NewIork, just open to OBJ
lection a. any which by its title relates TO the city
only, and yet contains provisions In relation 10 the
county And IL would necessarily follow that If the act
in question unconstitutional because reference Is
made TO the county its title, that it would have been
equally unconstitutional II such reference had
been made; and 1t would also follow that
many other important acts relating 10 the
officers Of the City aud County Of New
this year contains several provisions in reference TO
county matters. Chapter 53 of the Laws OF 1911 Is
entitled IAN act TO make provision for the local govern
| ment of the City and County Of New-IOrk." Under
tins law many millions OF bonds nave been Issued, taxes
have been collected, and the financial affairs of the city
and county been principally conducted during the
past two years, and decision that these important
laws and others Of similar character uncOnstitu
onal would create great confusion in the affairs OF the
city. .
am aware that is the opinion OF lawyers that
all acts Of the description referred to uncOnsttu-
snal, but other lawyers OF the opposite opinion,
and this being the case 10 il clearly the duty OF this de-
partment to maintain the validity OF all such statutes
until they shah be declared unconstitutional ny tne
Court OF last resort accordingly advise you that the
omission in reference TO the county in the title 0I the
act question does not affect your authority 10 pay
claims and judgment against the county and that bonds
can be legally issued by the county provide moneys
10 pay sand claims and judgments am siI yours very
respectfully, GEORGE 7. ANDkk"s,
Assistant Counsel 10 the Corporation
Nelp- York, Aug. 19, 1873.