Supreme Court Appllate Divison (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...of the Governor as Commander-in-Chief in issuing General Orders No. 7, appointing a board of examination, was an executive order and is not the proper subject of review and cannot be controlled by the action of the courts. The Governor is at the head of and represents the executive power of the State, a distinct and co-ordinate department of the government, and while the legality of all his actions may be questioned and passed upon by the courts collaterally, so far as to determine whether he had lawful authority to do any particular act, yet the process of the court cannot be, and never has been, issued directly to him in his official capacity, for the purpose of compelling him to act or to refrain from s acting in any specified case, or to directly review his action in that regard. By section 4 of article IV of the Constitution of this State, the Governor is made the Commander-in-Chief of the naval and military forces of the State, and there is no question but that, under section 64 of the Military ('ode of the State of ISTew York, enacted April 2, 1898, he had full power and authority to make the order above referred to. No question is raised in regard to the regularity of the proceedings or that the board of examination was not duly constituted. Section 64 provides that " the Governor may, "whenever he may deem that the good of the service requires "it, order any commissioned officer before a board of exam"ination, to consist of not less than three or more than five "general or field officers, which is hereby invested with "the powers of courts of inquiry and courts-martial, and "such board shall examine into the moral character, capacity "and general fitness for service of such commissioned...