The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-07
THE MAYOR AND the HARLEM RAILROAD
Mr. Simon sterne's Opinion as to the City's
Liability for the Fourth Ave-
nue Improvement.

nue Improvement.
The following correspondence between Mayor
Havemeyer and Mr.. Simon Sterne has been for
warded for publication
EXECUTIVE DEPARTMENT. Cirr HALL
NEW YORK. May l9, 1874
RI have for some time Dsst had d9u hts
expense Of the Harlem Rsiirosd Fourth avenue tunnel
liable exercise Of gsative power could
ps ns cs ss
were the latter and in which the city had no
Wish you would examine this law critically in refer
ely ySoT SpIn'G =
which you may arr'v0' tours "WvY'F HAvEMEyER
sw4I- STREET g,0y yn. srg gsna sp Az
s,rn comnauce With rour wishes have sub
mitted chapter the Laws Of 1872 entitled An act
ne c U anS s
stutonalty OF its provisions This examination has
atsS s ss N ses Pork and
pa ana &c
This station the S np 70
sgss
frequent intervals ana WIN steam the motive
SpS. as o. our Ety.
and ninety before , tnsy
!. dsnssrous the extreme az times and attended
ass n % co% hs %
road company to either above below he level OF
view. among other Things TO accomplish end i
y s ns OF q snd
its duty to protect the safety OF persons ana OF prop
sr Il the Of uSs
corpo ss had become nuisance or to resulate
such as e ,ha %h S pSs
power carried with It no colorado right the part Of
tha of
late what had become CRYING evil and nuisance and
province Of the Legislature do this and without com
7 provides G1 th s resSnlstns Of
and road bridges the Of tunne! tunnels
sna ann the o S thereof of
work, the company is authorized to lay additional
Whs n The Of this an
II on said . q make
:a w may Re
entrance and delivery OF passengers outside OF the exca
Ths understand. the railway is now doing, and the
Of the socalsd Improvement s Consistently en-
additional Franchise thus grained 10 this Corporation,
and the building Of such SaS4e Of grade Of streets
eS'Sa
Section relates 10 10 the altering and removing
should become necessary BY reason of the excava.
Section creates board of engineers names them
provides that they shall make plans and specia atiSn
Me copy with the Comptroller and take an oath Of
and s
paid h ssw a hsrsm the
New eSua as fh hs %s
ton then proceeds to specify in detail the manner IN
Maea he city ns drawn
treasurer Of said railroad company" o., This section
Legislature 10 do such an act IMPOSES upon the city the
'1srsf N sps 81 o sos
Of the whole and cost N % the
county New YORK in the s52 and the other fourth
pro;eeds snthoTizs ooMptIoleI to issue revenue
bonds IN OF the TAX ana 10 pay out the pro-
'tssa 's nhsits Mayor Aldermen and
above Forty second street BY such railway corpora
JOINT expense as foows;- tunnel ana railways
aa ss III be S
Of . ay Gss sad na1 public M as
,ss Or any Ge s sn
q tins corporation provided for that purpose with
for Sa. az oasnee cospoTaon
thorizes the use steam over the line Of the avenue
Section Il reserves to the Legislature the right to alter
the seem, to be carefully arswn with
clear Of the deuy to be
the improper and dangerous q one of the public
way corporations and in So far as aecOmpshes that
the seo %ned S nSay Is
well settled principle Of JURISPRUDENCE that act
rom the provisions win be aphe!d in
so far as i is unobnoxious believe It. to be in Its main
Clearly OF opinion that provisions charging upon
men but in reality abating Of nuisance and building
to
b pal s az apS S go Ydy IN violation OF the
These elements OF the act are be examined in the
citing them nversey in the order OF their weight upon
Section Il, article Ton the final passage either
house Of the Legislature Of every act which imposes
makes, continues revves APPROPRIATION Of pubic
n a Claim 2a OF Of he @ s
ton shall be taken by yeas and nays which shall be duly
etc hae ali @ s Be-
e a4as aw which
tnues revives shall distinctly state ne tax and
sufficient to to any other law 70 fix such tax
Section ls article 3-No private local bill which
may be passed by the a saa embrace more ore
Section o. article 1.-The assent Of two-thrds of the
be requisite bin appropraing the public
The fourteenth section OF the seventh article
With so the quorum 5 concerned, and am dis
posed to that the yeas and taken and
is ccrtifed three ilitts bill indicates events
sovereign power Of taxation ana complied TO form
with the constitutional provision this point With
this dismiss the s cited provision OF the const
4 tuition from consideration.
Section Ii the article under review in the
OF The People rel Hopkins VS.. Supervisors
Kings County Sickes. $500 Justice Allen, in
terprelng the OF this section, oiows.
"rhe constitution prescribing the requisite OF law i'm.
posing tax l. in harmony with the other provisions de-
signed Tor the protection Of the taxpayer Its terms are
4 precise and unambieuous, leaving way OF escape
| IRON literal compliance with them, and no room Tor
evasion by lax Interpretation 1t declares that
every law when iinDoses, continues or REEVES lax
@ an ns sa n snd be the SaT
any other law 20 fix such object The law i'm
poses OF three and half mills per dollar
much thereof as may be necessary TO PROVIDE for the
payment &c. This Is not specific and distinct state
the to be levied. Ii is simply statement of
the maximum tax to be levied leaving IL to the discretion
the administrative officers Of the state to
they shall nnd necessary up TO the limit named The
Legislature cannot under the constitution thus delegate
the power OF taxation they must determine the
necessary and adequa and declare the
be LEVIED absolutely II this form OF enactment is
lowabe law authorizing tax OF fifty per cent of the
assessed value OF the taxable property OF the
much thereof as might be necessary, would be valid,
and u IL