People ex rel. Strough v. Board of County Canvassers of Jefferson County

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: GRAY
• Citation: People ex rel. Strough v. Bd. of Cnty. Canvassers of Jefferson Cnty., 143 N.Y. 84, 37 N.E. 649 (N.Y. 1894)
• Decision Date: 22 June 1894
• Parties: THE PEOPLE ex rel. PERRIN A. STROUGH, Appellant, v. BOARD OF COUNTY CANVASSERS OF JEFFERSON COUNTY, Respondent.

143 N.Y. 84

37 N.E. 649

PEOPLE ex rel. STROUGH

v.BOARD OF COUNTY CANVASSERS OF JEFFERSON COUNTY.

Court of Appeals of New York.

June 22, 1894.

Appeal from supreme court, general term, fourth department.

Mandamus, on relation of Perrin A. Strough, to the board of county canvassers of Jefferson county, to recanvass votes. Order for peremptory writ reversed at general term. 28 N. Y. Supp. 871. Relator appeals. Affirmed.

STATUTES-REPEAL-LOCAL ACTS-RE-ENACTMENT.

1. Laws 1856, c. 179, s 16, providing that the supervisors of certain counties may divide such counties into school districts, as they deem advisable, is a local law, and is not impliedly repealed by Laws 1864, c. 555, providing generally that school districts shall continue as organized unless changed by the legislature, the two acts not being clearly inconsistent. 28 N. Y. Supp. 871, affirmed.

STATUTES-REPEAL-LOCAL ACTS-RE-ENACTMENT.

2. A statute which amends a former statute ‘so as to read as follows' is not invalidated by the fact that the amended statute had been repealed, but it is a re-enactment of such statute as amended. 28 N. Y. Supp. 871, affirmed.

John n. Carlisle, for appellant.

Watson M. Rogers, for respondent.

GRAY, J.

The relator, by this proceeding, has sought to compel a recanvass of the votes cast at the election held in November, 1893, for school commissioner of the third school commissioner's district in the county of Jefferson. His object is thereby to secure his election as a school commissioner, which would be accomplished, he alleges, if those votes were canvassed which were cast in the school district as its boundaries were fixed prior to 1892. In that year the board of supervisors of Jefferson county, at their annual meeting, undertook to change the boundaries of the different school commissioners' districts; and, if they had the power to do so, then it is not disputed but that their act was valid. That power was apparently given to them by the provisions of chapter 414 of the Laws of 1883; but the relator insists that that act of the legislature was ineffectual for the purpose claimed, because it was in amendment of a section of the common-school law, which had been repealed, either directly or by implication. The act passed in 183 was entitled ‘An act to amend section 16 of chapter 179 of the Laws of 1856, entitled ‘An act to provide for a more thorough supervision and inspection of common schools, and further to amend the statutes relating to public instruction in this state.’' It provided as follows: ‘Section 1. Sec. 16 of chapter 179 of the Laws of 1856, is hereby amended so as to read as follows: ‘Sec. 16. The several cities which already or which shall hereafter under special acts elect superintendents of common schools or whose board of education choose clerks doing the duty of supervision under the direction of the board of education, shall not be included in any commissioner's district created by this act or authorized to be formed by the board of supervisors; and the several boards of supervisors in counties in which such cities are joined to towns in the formation of an assembly district, may divide the county, exclusive of such cities, into school commissioners' districts as they may deem advisable, but no town shall be divided in forming such districts.’' Section 16 of chapter 179 of the Laws of 1856 had provided as follows: ‘The several cities in this state which under special acts already elect superintendents of common schools, or whose board of education choose clerks doing the duty of supervision under the direction of the board of education shall not be included in any school commissioner's district created by this act or authorized to be formed by the board of supervisors; and the several boards of supervisors in counties in which such cities are joined to towns in the formation of an assembly district, may divide the county, exclusive of such cities, into school commissioners' districts as they may deem advisable, but no town shall be divided in forming such districts.’ In 1864 the legislature passed an act (chapter 555, Laws 1864) in revision and consolidation of the general acts relating to public instruction; and section 2 of the second title, which treated of the election, powers, and duties of school...