MUNICIPAL CORPORATIONS - CONSTITUTIONAL HOME RULE

The home rule provision of the New York. constitution provides that as to the "property, affairs or government of cities," the legislature may pass special or local laws only on message from the governor declaring that emergency exists, and the concurrent action of two-thirds of the members of each house of the legislature is necessary in such cases. In 1936 the legislature passed an act providing for the establishment of the three platoon system for fire departments in all cities of over 1,000,000 population. The act provided for a referendum vote on the question in such cities. A mandamus action was brought to compel the board of elections in the city of New York to omit the question from the ballot used at the general election of November 3, 1936.

Held, that the act was unconstitutional, being a matter relating to the "property, affairs or government" of a city, and not having been passed on emergency message from the governor. Osborn v. Cohen, 272 N. Y. 55, 4 N. E. (2d) 289 (1936).