The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-28

now presented by me- In regard TO the field in which
% not 'as there prsssn'a ans ,r al on
the hearing below from that which Is presented IN
our return In that case. and from VIVA. ala
did not arise at all, or entirely passed from my
memory, and the aidavits presented By Mr. Anderson
davts on the other side. Now the question Of the
Gilbert Elevated Road is presented upon pretty nrm
IRON the limitation Of time must be excused from
being drawn on into discussions, however pertinent
stract 10 reference to The propositions OF uoua
Law aud Of statutory construction TO which mean TO
appeal
STUDY THE SOVEREIGN WILL.
This Rapid Transit act having been passed since the
amendments to the constitution has, by ts own power
ard communicate by It's visor agencies or
the courts and TO no corporations which into cx
stence by IT, II can from Its date and by its terms
was passed unanimously; for there is no
PROVISION IN our constitution sha. its guarantees
unless by unanimous vote 1t cannot 10 It, although
II was approved by Governor rldeu, because there IL
no provision IN tho constitution avorng legislation
approved by named governor rather than by the Ex-
ccutvc in general let us. then, dismiss all these
considerations Let US not yield 10 what 10 point OF
logic, in point OF rhetoric, may be impressive that
court should not expose legislature 10 the oppro-
nrium OF having passed I'm unconstitutional law. me
Court may perform an unwecome duty by having
been sworn TO uphold the constitution. II must per-
form that duty although IN act should fall. No doubs
II Is nothing but quarrcng with the attempt 10 curb
legislation. Has the experience Of this people
discouraged that attempt Has not this expert
OF their action 1t gone after
year curbns closer and closer tho domain Of lcgis
ativo intcricrence with primary rights confirming
and charging tho protection OF those primary rights,
Tne lesson 10 the courts from the sovereign will OF
this people is-Scc TO that our constitution Is not
from the Legislature arc maintained BY the
Court. Tor you arc tho only protector Of
those universal and general rights, the OF which,
Ia COMPARISON with any agtators IN particular case
or in u parts statute are indeed overwhelming.
WHAT rs A GENERAL INCORPORATION ACT?
The whole argument turns upon what general law
is. This Is not general law We are not arguing
school law would %; wo are arguing what general
incorporation act Is and We ask what is the propo-
sition under which these constitutional enact
mcnts have thus received the approval OF the
people OF the Staio2 Franchise OF this nature
franchise for banks and other OF the citizens
has tmo out OF mind been private been special, been
OF grace TO some and denied to others Now when
tho constitution commenced it's dealing with
and ne ropberv as of ns nny,na
benefits 10 some den cd TO others, making the people
subject TO the selected and favored icw-when the
constitution took hold OF II did tEia There shall
longer DO special law OF special advantage
TO one man over another In this State In respect
should thore be u franchise OF grace and special en-
joymcni. Whatever you say tho occasions OF tho
state and the interests OF this people require this
behalf shah now become matter OF common and
general right and DO rescued from ali the domain OF
ton judcially that the use OF tho surface Of
streets under the authority OF tho Legislature
by horse railroads is that is at tho discretion OF
tho Legislative power and covered by tho orlgi.
nal trust III those Streets There foe in tho
city OF New York-no leo in its quality Of be-
ing department or subordinate In the exercise
OF tho general sovereignty OF the State. There
was Ice taken except an absolutely
naked ice to support The trust That covered every
inch of It to tho sky, and how was 1t paid fors Why,
that they should DO kept iorevor open as
streets, streets the city oi Now York
and Of right ought to be. When It
Is sought to appropriate the property
so MS TO annu tho trust and rctract tho bcneht We
told there nothing real In that benefit lfths
cncroachment could DO made after the lapse OF
years, 1t coulu have been made tho day after
tho strip taken OF 1t; could be made to
the extent it Is now made. II can be mado to the
of building solid edces for public Nay,
tho money and putting 1t into the Treasury ana allow.
ing the properly owners to laugh at the closing oil our
entrance to our abutng properties