The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-07
NEW YORK HERALD SUNDAY T. ls74-oUADRUPLE SHEET

a % to Ss q tho e'n
citizens without IN IN sns
ei The Bills coming across this one would naturally,
S III 70 Il hs efsns
O. and T s
OF power thereby attempted he would not and gould not
,hs. f ss ed hs OBJ
II this bill properly entitled tho Legislature can
one 10 70 sua and
sxy s tax e asoa
"a sn S s ns
the g. Lawrence River y clear that the
i contain than Subject t d, + n e1n
each nss
usss h s the Of franchise Of great
re- s gt d 80
section q the third article q ths constitution has been
Violation q ninth section o. the rst article Of the
Ihs assent of tvothiras Of the members elected to
M The public s me Or or
% ss 90 s. nn
the wos nn to Be
room for doubt There first charge upon the city
81 ss% astt = Ssa as
ct shs
raised BY drsciins the 0ompXosr 70 issue h warrants
then transfer 70 the railway company OF the values
the money to be raised by xaton from the citizens
OF New York and to De thus dedicated to the Harlem Rail
are used the constitution Public money s money
Sr I: ns say y
Of the state BY taxation 5 from The o. its
anywhere except the Legislature. and all local ma.
asa %
the supreme power which is the badge Of sovereignty.
1ia sAf have are held has
osay Be aissa
the ses sS
money mSsS M
he na ne aas vs. snad 1ns
Wallace sS the United states supreme Court he'd hs.
Tie xitsa5sw :bess lsss, pgwefs q govern
ether int the local territory as
r.
@ e aVs esads T. ans ao a
sSSisriugs she need Do e DISPOSE Of
reach the State treasury Ii no citizen sident
S ss 81 sy he s
il M sy as the as
the money raised BY taxation from n, the citizens
be s a not
see
shall e paid out Of the 9i ts state
age nenl except pursuance Of appropriation by
law This shows that when the trainers Of the consu-
fuop nf tha Of hp STA ~ fhpy sai
Should any sayseats q bin ths money
city Of New York IS not public money then It IS private
them hera a ne d mo- Il + NOR M
position whatever over it. There numerous pro-
pope q Of III the tas
nna m direct % ac hs
injunction that no person shall deprived i,ie,
i Ssa %ss u;
pensation TO be made thereor when the
BY less than three Commissioners appointed ~
CT IS s. sa Il orn o ~ s
act Or 50 much thereof as believe to be obnoxious is
The section has received any authoritative in
M e ne % is adepon By e
ton Of 1916 although anterior e that year that part Of
the creating go 1enswng any body pee
constituona index makers ha ve SPOKEN section
se rq@ s s nor 81
application OF rational canon OF interpre ation
sSa
narrow and forced q construction
There numerous decisions in this and our sister
States which support the views herein expressed but
they would scarcely be properly in place in this opinion
Still. cannot refrain from referring TO the Of
People Batcheor q sickles 1881, where it held
compel municipality to subscribe to the stock Of rail
road company How much less II, as in this case,
compel it to give its money awayf
For have nlioned, am persuaded that
you would not be Justified in signing any warrant upon
the city for the carrying out OF the purposes Of
chapter 702 Of the Laws OF 1874. Respectfully.
SIMON STERNE.
To Hon WILLIAM F. HAvEMEYER, Mayor of the city of
New York.