The sun., 1894-09-24

that description would apply with exclusive
ness But II appears II has been held that law
relating 10 particular things, as class. Is gen
eral. This suggested designation would cover
class. and II is not necessary, 1t seems. to have
more than one factor in the class.
In order TO fully comprehend the purpose Of
this restriction It is necessary TO look for and |
keep in view the object sought TO lie accomplished
In the constitutional amendment under consld- |
Grafton. The practice Of making special grants |
and franchises to individuals and corporations, |
practically on their own terms, and to sacrifice |
the cities to which they related, had become |
very grave. far reaching abuse and scandal In |
consequence OF which imperative demand
grew up everywhere throughout the state to
suppress the practice. The city OF New YORK
had been the chief sufferer. Its condition and
resources as city, costly to the taxpayers,
had been year after after year surrendered under
a special grant for surface railroads and other
privileges to Legislature favorites; and some
times even these were representatives OF the
members themselves. These grants were very
valuable, and the Legislature swarmed with
cormorants for such rich legislative favors, each
involving large fortune
II was TO exterminate this practice that the
prohibition was adopted. and II was required
that general laws should be adopted providing
for such cases. What did general laws" In
this use meant Certainly such legislation az
prevented the special grants which were pro-
hibited and which cured the evil Of special
privileges to favored corporations and individu-
ais; laws which would give equal rights to all
as far a. practicable. The Court Of Appeals has
held Css N. V. 3slI adopting previous ruling
that law IL not general that does not apply
to the whole atate;" and defining the word
local" as applied to bill, act or law as mean
ing "such a bill, act or law as touches but
portion Of the territory Of the State or part OF
it's people or q fraction OF the property OF It's
citizens"
The idea has grown up that II the form Of
general law Il adopted. however much sham
II may be, special grants may be made under II,
and we have seen through that assumption,
| grants Of avenues for their entire length re-
Gently made TO surface railroads, particularly In
this city, to parties who had acquired but one or
two blocks Of railroad appropriation. this small
| acquisition being made the pretext for legsla-
| tion excluding competition and giving. under
| ingenious pretcxts and subtle devices, a monop-
| oily Of extension, involving franchises worth
| many millions TO the city. Under the syndicate
| form Of legislation which has prevailed in this
State down to n recent period legislative suitors
| have made their own laws. They handed in at
the Captains Office their carefully and craftily
typewritten formulas. and these were handed
out as statutes, complete and unchanged,
| enacted by "the People Of the State Of New
York represented in Senate and Assembly"
Referring to a decision, quoted by the promoters
| OF the Rapid Transit act. Governor Flower,
adopting the views OF his able staff Of legal ad-
| visers, in his message accompanying his action
on the present bill. says: Under this decision
all that is necessary to do to evade the constitu-
tionAl provision is to use general language,
| qualified however. by particular descriptions
which can make 1t applicable only to the par
ticular city in respect TO which there is an In
| tent TO legslate."
But does the act in question only evade the
Constitution? Is IL not. direct and palpabe
violation of Its clear termsi But evasion OF the
Constitution cannot stand. Judge William F.
Allen says on this point delivering the opinion
o. the Cosrt of Appeals: "A written consti-
tuition must be interpreted and effect given to II
as the paramount law of the land, equally obli.
gatory upon the Legislature upon other de.
partments OF government, and upon Individual
citizens according to It's spirit and the intent OF
its trainers as indicated by its terms. An act
violating the true intent and meaning OF the
instrument, although not within the letter, is a.
much within the purvicw and effect Of pro
hibition as II within the strict letter; and ar
evasion Of the terms Of the Constitution. a.
properly interpreted and understood, and frus
trating its general and clearly expressed pur
pose Is as clearly void II in express term.
forbidden" C55 y. Y. 50D.
The local" character of the act of 1894 viii
be still more strongly emphasized as a matter o.
practical construction by considering the pro
vision relating To It's going into effect. that sub
| mitting the question. as to whether the railwa!
or railways shall be constructed by the city an'
I 1t the expense of the Taxpayers There Is NJ
' pretence the part Of any one that this ques
ton Is to be submitted 10 any other than th
voters OF the city OF New York. | am awar
that there have been decisions by the lowe
courts indirectly sustaining the views in this re
spect OF the legal gentlemen who have ha.
charge OF this rapid transit subject but as tn
( act has not been passed on by the Court OF Ap
peals II Is an open question so far as that cour
. is concerned, and with the highest respect 70
the lower courts referred to have taken tn
liberty TO 50 treat the constitutional issue pre-
sented. Your space will not allow me TO elabo
rate the argument. The constitutional provi
sion In question in its guiding purpose is as pla
. as a Bible precept and clear as crystal in IL
Language. The violation of both purpose an
Language. in this Rapid Transit act, would AZ
= | near 10 be- as unmistakable as night succeedin
l day.
: The next substantial objection TO the plan, h
; which Commissioners named by the Legisla
: ture are authorized to expend nifty or more mi
lions Of dollars. TO be raised ON the credit OF IN
= city. for the benefit Of a corporation or ind
. viduals, arbitrarily selected, To enable them I
G engage in the business Of carrying passenger
: for hire. In composition with the existing NEAR
n Of transit of like character. In which plan IL
> city. while furnishing all the money and tAkin
all the rick, II the profits ten per cent, wi
n receive one per cent. and the grantees all ii
Z rest il that it is in violation OF an express pr
e hibition OF the State Constitution. This const
a tutionAl provision reads as follows:
No county city town, village shall hereafter gi'
any money or property or loan Its money or credit
y or In aid OF any individual association or eorpor
Is ton or become directly indirectly the owner
II stOrk bonds OF association or corporation NJ
shall any county city town OF village b. allows
"a 20 incur any Indebtedness except for county, cit
:. town. OF village purposes-
Is To fully comprehend the force Of this pr
e vision it s desirable To ponder, fully, upon II
10 causes which led 20 this special restricting pr