New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-04-23
THE GOVERNORS VETOES.
State York. Executive Department AtsASr Apr 49, ia1
To THE SENATE: Several bills have

niles which deem paramount and controlling. The
FIRST section of article eight OF the Constitution provides
that CORPORATIONS may be formed under general laws
but shall be created by special act except for mu
ncpal purposes and in where in the judgnen OF
the Legislature the objects of the corporation cannot be
attained under general laws"
In order TO give proper effect this provision general
laws have been passed authorizing the formation OF sew
era classes of corporations which regarded as favor
able 10 the public welfare For many years previous to
the adoption Of the Constitution, general law
existed which remains in force, with liberal and com,
prehensive provisions authorizing the incorporation OF
religious societies Most Of churches OF every de
nomination. have been organized under the act OF le3
which confcrs upon religious societes complying WIN
IL conditions all the powers and privileges that can De
deemed requisite for perpetual succession and Just
administration of their temporal affairs Long expe-
rence has showed net only that the objects OF churcn
corporations be attained under this general law but
that It's operation is favorable TO their increase, their
vgor and prosperity. While giving special or exclusive
privileges to nome places all secs and denominations
OF wOrshpers upon footing OF legal equality and con-
fers upon all the benefits of liberal and uniform system,
hsrmonizing Nth the principles OF religious liberty
which nvgOrae and strengthen political institutions
The limitations imposed by the Constitution upon the
legislative power in respect to the creation OF oodes
corporate by special charters the result OF wise
delberation and were intended for salutary ends.
Among other important considerations which induced
the Convention to prescribe general laws 1t was deemed
desirable discontinue the practice OF creating multi
plicty of corporations by partial and unequal enact
men infinitely varying in character according to the
peculiar views objects OF applicants TOR special Inn
the change of policy introduced by the new Constitu-
ton was the relief Of the Legislature from the constant
and numerous applications for charters which experl,
had shown to be unfayorablc to wise and matured
legislation subjects Of common concern involving the
more general interests OF community. .
Notwithstanding the adoption OF general laws 70 facii
ate the formation of corporations for charitable, benev-
olcn religious missionary, scientific and literary OBJ
ecs for banking for roads, bridges manufactures and
other purposes connected with the material and social
progress Of the State, applications continue
ho do tiaT paov
franchises attain the objects which have been 50 fully
provided for by liberal enactments, framed in accord
with the design and spirit OF the Constitution
growing tendency TO yield TO solicitations OF this
character and grant particular acts for the attain
of purposes already provided for by general laws,
10 but apparent 1t becomes imperative duty to
recur the principles carefully established by the
organic law, and to adhere to them with watchful
fidelity.
now return to the Senate, in which they originated,
two bills for the incorporation OF religious socicues
l. An act to incorporate the Trustees of the German Mis-
sionaIy Church and Congregation OF the City OF Buffalo
An act to incorporate and continue the Presbyterian So
ciety OF Stephentown.
The objects proposed by these charters not only
merioTious but in the highest degree laudable and
worthy of encouragement II ii necessary for &C
completing the purposes IN view, or fit were compst
BILE with the constitutional prohibiusn which we arc
bound 10 observe, they would receive my prompt and
cheerful approval But those purposes be attained
a simple compliance with the general law above re-
ferred to- while in my Judgment these special acts are
control legislative action on this subject
return also to the Senate bill entitled "An Act to
incorporate the American Geographical and Statistical
Society"
While feel sincere interest in the objects of this
Society and would promote them by all just and const-
tutiona means, conceive that the bill in question u
liable the general objections which have been already
advanced The objects proposed are Of scientific char
scter and may be readily secured under the general law
of ls4S "for the incorporation of benevolent charta
Wv WASHINGTON HUNT.
State of New York Executive DEPARTMENT ALpASI April 1854
To THE ASSEMBLY deem it my duty
10 return TO the Assembly, in which it originated, the
bill entitled An act extend the charter OF the Unad
la Bridge Company" with brief statement of the objec
lions which constrain TO withhold my approval of its
provisions IL appears 10 to be inconsistent with the
principle established by the Constitution that corpora
tons may be formed under general laws but shall not
be created by special act except municipal purposes
and where in the judgment of the Legislature,
the objects OF the corporation cannot be attained under
general laws
Among other acts of former Legislatures intended to
give full and legitimate effect TO this constitutional pro-
vision general law was passed in leiS 10 provide for
the incorporation of bridge companies The 2st section
OF said provides that any existing corporation hav
ing for It's object the construction and maintenance of
any bridge, whose charter shall expire, may be
unued corporation by complying with the proyis-
ions of the act far az the applicable, OBJ
tanning the OF the Supervisors Of the county in
which the bridge Is situated
has been made, must, in my'opmion be regarded as =
Legislative declaration that this class OF corporations can
attain their objects under general and il follows
that the Legislature has not the power to create
poraion by special act for efecng the same purpose
That particular cases may arise TO justify departure
from this general rule ought perhaps 10 be conceded
In some instances has been deemed necessary 10
grant special act 10 bridge company, comforting the
power which Is withheld by the general law to take and
appropriate private property for the purposes of the
corporation But IN The case under consideration it
cannot be contended that any franchise privilege
cessary 10 the maintenance snd enjoyment OF the
pors,e property conferred by the charter which may
not be acquired by compliance with the conditions Of
the general act OF ls4S
The question arises whether a special act extending
the daraton OF existing charter is consistent with
the spirit and design OF the constitutional provision which
prohibits the Legislature from creating by special char
ter corporation for the attainment Of the SINH
lar objects. On this point, have adopted the views
submitted to the Legislature of 1880 in an analogous
case by my immediate predecessor in Office. He OBJ
ectcd 10 the OF act of the character
the ground that the revying continuing of charter
beyond its limitation was equivalent 10 the creation
OF new corporation. The charter of the Unadina
Bridge Company Will expire in lS4 Ii they desire to
continue the exercise OF corporate privileges for adj
dnopsl term of years il appears 20 that they should
comply With the general law which has made ample
and convenient, provision for such cases.
WASHINGTON HUM
State Of New YORK. Executive Department; AIs.ss April IS
To THE ASSEMBLY Ii is with much re-
iuc,ance that | withhold my signature from the bill
which now return to your body, entitled AN act TO
incorporate the Trustees of the nd for aged and in
hr'n ciergymen OF the Protestant Episcopal Church in
the Diocese Of NewYoIk"
Regarding, as do the objects which the act is intend
ed TO promote with sincere and friendly interest ana de-
string 10 the generous aims Of the church carried in
to effect the bill would receive my cordial sanction il
not restrained by the firm belief that s passase
would conflict with the fundamental law of the STATE
have found i necessary ON several occasions 10
communicate TO the Legislature my views OF the resrc-
ton upon the legislative power established by the coast
tuiional direction that corporations shall not be created
by special act except Tor municipal purposes and in
where Ia the judgment Of the Legislature the OBJ
jec;s Of the corporation cannot be attained under gene
raj laws" II is perfectly evident that the objects cog
templaed by this special act may be attained by CON-
plying with the provisions OF the general law passed in
is4s for the incorporation Of benevolent charitable sci