New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-07-25
srrPRrME COURT-sr,cl.L rrsm-JvLy q

The People Of the State NewYork their Attorney General
ag. james Bowen and others -,,-.,,
BdweD. r. p. Cowlss and w Hutchns, for defendants
SgTHnRLASp, This is an action IN the nature OF
and acting corporation without authority OF law.
..ys. together and claim to corporation and unlawfuy
acting oopoTson unoe an slee.d a.t oil ne ,b
Metropolitan Gas Lsht Company of the Wy OF New
alleged act passed the Assembly on the on Gay o. AP
1885 and the the 18Th day April 1872 yet was not
ma tbst the Cd ourned without the IAN
day Of April 1885, and thereafter IN session dus ha1
By an .v.rmen complaint the act in question: tSe's
Laws Of 1855 1889 made pat Of the compliant Oh, de,
ants sctionl aud their present aud future ss..es arc
polite by the name Of The Metropolitan Gas Light Company
OF The City Of Nes i%s Tn iIl P' a. y tnr PIP. IN
the seei. kc for the Of conducting ga, kc %, 'n
can on, obta tie permission Of the TWO oo-ia
Of the Common Council of said city. a..
The Complain, further alleges. in the month Of June 1873
The . dsr r pg'ts an g.. sht cmp.ny of the City Of
N.w-Yok presented their petition to the Board OF 'onieh
f the City praying for permission 1. a conductors
through the streets &c ior The purpose oil Gas
the ,.oe ,, same wear the Board
of Couucmen passed resolution granting such permission bat
the sh Gay Of Dee nog OF TIE same y'L the b0's OF
Tia, an the h dsy Deceinbcr 1883 she said Board Of
top Is set on, IN the compaut that such resolution
by the Board OF Aldermen on the .h day
The complaint that defendants and their associates
Corporation and have No right to act and assume inc
I.t; Because ofIeopOraton not approved BY
until AFTER the adjournment OF the Leauie sud
kr this failed 10 become law. -,
Second: That approved OF by the Governor So as 10 be law
the act il aud void u s purposes and PROVISIONS
Third said Cooperation did not commence te trans
sen Of bosness within one year 'on tue aa'e 81 us
and thai thereby scorPorg' powers W ever had nl have
cesseJ payer relief Is thst the said act nay be- adsed
20 be- in violation Of the this State aud nah and
VOID and said defendant, may be adadsrd to unawsly
and uurP The franchises Of being coola;ioI and % at
As q COT
To this complaint the na,e cenuTrca ON
Of From this statement il viii be seen
that three questions raised by the demurrer:
Can the Governor approve snd sign bill 50 SIS 10 make
il Law after the tlsl adjnarumea, Of The Legislature
Second IL the act question Void da
pased and approved By The Governor as 10 make "a"
otherwise constitutional!
TA,,d Does TIE question contain any special provision
pruvsous which The corporation thereby Intended 20
BE- finn he provision Of The Revised Statutes u .sN
and the tfsnss Of their osrs. aiu one y5
poyi.ion OF ,be Revised sstur, ;h corporation in fac;
commence the atsactiou Of its business "'' Ybe Soa
merely becor a bv the sppoys signature ct ihe Gov
become law must have snGa sPP''A a." "s
BY section Of III OF he Consultation spIoTaea
that the s.sSg POW 9, ,c ,. II Of the sane Article the
~nsc,ns Of ell bills shsA be, The reope o. the sste %
c~. And no . Law ma, NJ hi .SS De- i.ses unis by uar.
Nv ~ a, The m, elected 20 cch branch ~ TIE l'inr
and The question upon hua passage shan b tStrl iu
s,cy ut reading sad he Yeas saa Nays oa'e'ea Oh ne
Nv .e-,i.t of article ", IA provided ths; ever on.
rbcb shS have paved aud Assembly sn oie
b.,rs law D. presented % the CoNeTnoI L. ne apS!VNv -
bsl si,n II but ifro he shall return H. WIFE n '
h,t House in hc shall have originated " no small rh.et
objection az age Oh THEN ourus aud proceed % ~
.f,r .uch tyohirds X the merScit
,rr,. 10 PAS. the bill shall b. sut, together "hH w o'J
,,us 10 The other House which Il shat hkrSse 0e
sd. red and n approved by thirds OF az u'e neu.1s
pr,..u, IL shall become lac. n0twfnstsuciu ne ~ ..'
az he Governor But IA al such cavs the votes OF ~
shall y determined by yeas and ssys a-a n A' - ~
member, yolg and sgsiRs the bill sns o. ~ ~
ourt ii each House respectively any "A sAsI no. .
turned by the Governor within days Suoasy ehp'
saH have been presented him, the SAKE shaA %
e rnaurer II he signed IT, unless ne Less.~tu .A "
tae so1rnmsn; pIryeai ia return, IN ~AcA esse ' ~
b. sls~
These provision. amour; conritutcrsl eeanicn a. ~
resot j., huk that may spp0se S-1 ~
sfer be the Lrsisstus ihst ne e
otherwise would be becomes Jaw BY AZ sPPo's ~
The Consultation makes the cstpc,ion between eu arc
Ias dehies he esss.Ve power b he power 70 PA o.
SUBJECT 20 the Qgahfe1 ues.v. Governor u Csridy
s'psTsss he leE.'ye from The executive 9we' sna oo
tAc-cts tne excessive rgGt ~ apPioNrs ..
70 tue 5 nom the legislative power b. the Constu "a
power sPpo'si taS Of objection legislative ous 81
scstSe Te'i,oIy act implying II is time
judgment TINA thar for the careful OF thses
nse or power BY constitutional definition from the legislative
powers aud from he tuer provision IN the 9th section 81 ar
se. ~ ha, Every bill which shall have passed the Senate
Assembly sbs before becomes law be presened 20 ihe
oo''Fnr be 'gP7oVs he 'hs rss j." ws0a. ne 'Pse-