New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-05
on OFFICIAL BUSINESS.
EMPLOYEES OF THE RAILROAD COMMITS
SION MAY RECEIVE PASSES

..--,,.,, p,pErp so DECIDES. BIT DRAWS i"H
,,xr At THEIR Use FOR THE HOLDERS 40
,xntvIprAIs-DoEs TIE DECISION Af
ply TO ALI. STATE OFFICIALS
For the purpose OF determining the
.Ia 90 "a whether or not under the a''e''ueu
CONSTITUTION railroad companies cou'u pe ,t,aa
IN TRANSPORT the officers and agents VI ~ ~, -
commission when the latter were VI" ~ -.
. an ,asses signed by the Secretary OF sur.
heSS' y" ~" .as,e,dav argued before Justice
Alton h. Parker at Kingston upon s''pu -,ra ,hs
,r On annlication for "A mandamus 10 ief -
Secretary of State to issue such 'i"''P ': .as
heretofore. The application LOT a ' 49, o,v g.
granted and Secretary Of State faii''ei -,
snod several passes TO employees OF the co'''''sS.o
ou' , a, nase.s 70 the Commissioners ana 'he
secretary OF the coihnnS'
his opinion, says: oso ,h I eyisla-
BY Chapter 1853 Of the Laws OF 49, G-o ,nr
ture created Board OF Raroau and dmties In
addition it assumed By that act s, ,ne sn not to
TPon the n S DE- the salaries Of the
Commissioners and pay the necessai,S ,ont IN nro-
tha hoard nv the same act II uhuertoo , vi ppnd
,n that in addition TO the $4,000. the actual anu
cost Of transportation upon all
Ssir oe,cers clerks experts and agents IN tns
course of due performance OF tns u n so xisiied
by law. should be borne by the railroads 80 '''''eu
To Accomplish this result the statute Proo,ne ca
,ba1 ..in Inc discharge of the duties OF ther o',e
hav shond be transported over the several rail-
roads in the state OF New-iork fres on thy ,pav
,.sses signed by the Secretary OF state, they naS
employ and take with them experts or oher agents
whose services they may Gen also 80 be Transported
while on such duty free or charge uPo" P"''e'
signed by the secyeiary OF S,ae Of the Railroad
Commissioners under the act referred TO uo"n
Janp s g of the dnes by law
the sums necessary to pay tne I've been as
sessed upon the several railroads in this state by
the Controller and the assessments paid the Secre,
Of The act as the Railroad Commissioners have re
oested and the passes have been recognized by me
T maas TO- the Secretary OF State January 1895
issue passes in accordance with the statute was
Of Article XIII Of the Constitution OF the state OF
New-York which went into effect January !. 1872
THE public officer or person elected or appointed to
a public office under the laws Of this state shall
or consent 10 receive for his own use benefit. or
for the use benefit OF another any free pa@s free
In passenger telegraph or telephone rates from any
person corporation or make use OF the same him.
In view OF the statute to which We have referred.
the limitation Of the provision commanding pub
lie officer TO accept or receive pass or free
transportation for his own use or benefit - sgnii-
cant, The Office OF the word own when ioliowlns
a possessve pronoun. is to emphasize or intensity
sasts Mai Vas undombtcdly the intention OF the
trainers OF this constitutional provision that the
practice Of giving passes to public officers for their
individual u.s.. and 10 save them from persona isa
LEGISLATURE to provide for the necessary travelling
and other expenses OF public officers while engaged
in public business should not he abridged.
This provision OF the Constitution must not only
ho construed the light Of existing public statutes
but II will be presumed that IL was drafted with
full recognition Of them Section l6 OF the general
Railroad law. provided that neither the Railroad
Commissioners nor their secretary, clerks. agents.
employees or experts should accept. recelv" or re-
quest any pass from any railroad In this state. Tor
themselves or for any other person. Section 1852.
the discharge Of their official duties should be trans
ported over the railroads OF this state free of charge
ipon passes signed Is the Secretary Of state In
short, the statute prohibited the public Officers
named from accepting passes for their own uses
but authorized them 10 use pass i-iuel by the
Secretary OF state for the public use
So this rr1vsion uf the Constitution prohibits
these as well as other public officers. from accept
ing free passes for their own use or benefit hut II
does no, prohibit them from accepting passes from
the Secretary % State providing for their trans
poriation while engaged IN public business. a. II
certainly would DO II II were Intended 10 annui
the provision u Section l69 relating 70 that subject
Other reasons might be presented tending To- show
that the provisions Of Section 100 not condemned
by the section the Constitution relating 10 passc
but the one given seems To be fully adequate. .
further discussion Will not be INDUCED
Several state officials who have read the opinion
think that under II any state offcial may ride on
pass when public duty.
The Attorney Generals department Will take M
appeal 10 the General Term from the orj"r ol
Judge Parker. that final decision may be reache'
| Interpreting the provision " the Constitution r.