Year: 1879

THE TWENTY PER CENT REDUCTION IN THEIR


PAY DECLARED 10 BE HLEGAL-JuDGE IN


CALLS OPINION.


The Supreme Court General Term. gave its de-
cision yesterday the appeal from the order
of Judge Donohue granted at Special Term directing
peremptory writ of mandamus TO issue against the
Police Commissioners to pay to Inspector Dilhs,
Captain Walsh and PatroIman Carroll the twenty per
cent deducted from their respective monthly pay
the lst of last month. This reduction, as will be
remembered was made under provision of the act
of 1866 directing such reduction when greenbacks
and gold at par. OF course. as is we'll
known. there . strong opposition by
members OF the police force to any such reduction
and it arranged to institute the present proceed
ings test suit. They employed as counsel exJudge
Emott, Professor Theodore W. Dwight and Charles f.
MacLean. while the Police Board represented by
Messrs. A. j. vanderpoel John d. Townsend and
Elihu Root. 1t was the understanding from the FIRST
that matter which way the courts here might de-
eide the case would be carried 10 the Court OF APP
peals In the decision yesterday the opinion ID given
by Judge Ingalls,, his associates, Judges Brady and
Potter. concurring From the opinion. the main
features of which given below it will be that
the Court afi rms the order OF Judge Donohuc


OPINION OF JUDGE INGALLS,.


After citing the statute OF 1866 specifying the
amount of salary to be paid to the different grades
the police force. also that portion providing
for reduction OF twenty per cent from such sala-
when greenDackS ana gOld are at par quotations.
are given from the statutes of 1870 and 1878 bearing
on the same points. The opinion then concludes as
follows: The following expression contained in
section Al of chapter 1877 Laws of l57O"the amount
of salary compensation now pad"-if construed
literally admits of but one construction, which is
that the provision of the statute OF 1856 relative
the reduction OF twenty per cent was repealed by
the statute OF 1870, and tail to discover anything
in the statute OF 1878 which have the effect to
change such result. At the time the two statutes
last mentioned enacted the salary not
affected by the reduction clause OF twenty per cent
contained in the statute of 1866 and hence the salary
then paid was the definite sum specified. We per-
ceive no substantial why the statute of 1870
in this particular should not receive u construction
according to the plain and ordinary import OF the
words employed in passing such statutes.


INTENTION OF THE LEGISLATURE.


In constructing statute we are to ume that the
Legislature intended that which the language used
fairly imports unless such Interpretation would lead
to result clearly unjust unreasonable il en-
forced according to the letter. that the general pur
pose for which the statute enacted will be do
feated. We do not feel justified by anything dis
closed in this to depart from the plain ard
ordinary rule of construction which obtains
when the words employed have clear and definite
meaning. The province of the court to continue
and enforce statutes, but not to egisate. The pro-
vision in regard to reducing the salaries ex-
traordnary aud we may reasonably conclude that il
the lawmakers had intended to continue it declara-
ton to that effect would have been incorporated in
either the statute 1870 1873 The order Of the
Special Term should be affirmed, with costs and dis
Inn