New-York tribune., 1896-07-29
RAPID TRANSIT ACT UPHELD
rx,r ApprIJ.ATD DIVISION DECLARES
THAT 1T Is CONSTITUTIONAL.

THAT 1T IS CONSTlIOIiONA'
COMMISSIONERS MAY NOW PREPARE ANofhnN
PLAN TO TAKE THE PLACE OF THAT RE-
Jpc-rrp RY THE SUPREME COURT.
Nh. Anne,,ate Division of the Supreme Court
,,..,ardav handed down decision upholding the
.ors,,,ut,onality Of the Rapid Transit act Ihe
matter came before the court on an appe"'
hrougbt bv "The Sun" Printing and Publishing
Association and other property-owners IL was
,aa q. tho same time the motion Was
r,ode to an,rove the plans Of the Commission
recommending an underground system. Iha'
,.o.,on was denied The two cases were en'lreiv
a,rorsnt and distinct The motion, dehleo U"
,,s MERITS WAS to approve certain plans iho
cation ~ "The Sun Printing and Pupilshihs
A..oc,a.ion was to have the Rapid TRANSIT act
doc,,red unconstitutional and to restrain '"'
pan,d Transit Commission from further ae'''''
Iustice Rarrett writes the opinion OF 'he ma
,or,,v Of the court and Justices Van Bruh' anu
Williams concur Justices lnGraham anu nun"
sev dissent each filing an opinion
COMMISSIONERS HAVE LEGAL srANDi->'
r,a decision handed down decides that the act
q. oors,i,utional and the Commissioners nave
,.c., standing The Commissioners are now a'
,,her.v 70 nrenare plans for another scheme Vi
s.,,a transit Whatever plans they may choose
.rd whatever scheme they may decide on '"e!
,,,s, subn,it to the Supreme Court for approval
1,st,ca Rarrett devotes much OF MS opiiioii
.o IN. cnestion whether the building OF ra''-
road is ,egitimatelv q municipal enterprise a"N'
therefore outside Of the provision OF the "'a'e
constitution which forbds city mourning III
debtedness for other thai city purpose
uo ,s,es the opinion of Judge Finch in the case
which upheld the right OF the city 10 a.q'".
marks land outside Its limits 10 the e"e'' ''N
the purrose must be primarily 1or 'he peie"' -
the city. as distinguished from 'he pu''o '
side Of IT, He declares that cities may NC
ou,red 10 furnish schools. hospitals parhs' u'
..,;os ,nuseums geological and botanical
-ao,s for their citizens and to give them music
IN the parks and provide them with pa'hs'
..wbere then. shall we draw the lire Just'ce
porre,t continues 1T would be very siripie "
draw Il at those purposes for when pieceue'i'
,r,nr-rast- has been feuad and to eAcIuue an
o,ners This test should be easy OF appiica''i'
h,t would be essentially vicious ana eiioneou'
Growth and extension are as necessary III '"e
domain of municipal action as In the DOMAIN Vi
,o.. To hold that the Legislature of this state
acting as the parens patriae. may employ ior
~. re,,ef or welfare of the inhabitants OF the
Oft
agencies which have proved adequate In the past
would be a narrow and dangerous lnterpre'a-
t,on to pu, upon the fundamental law
soTbe health Of the people Is dependent III d
measure uron decent and convenient transit
between their homes and their places OF ousi-
moss not in as great a degree as upon light air
and water, but in no inconsiderable degree Inc
scheme under consideration is intended 10
hints decent
ven,ent transit; to ameorate the present con-
,os,,or which at certain hours of each day Is
fraught with danger to thousands, and 10 lur-
r,sb business men and women with the means
of reaching their homes at such hours WITHOUT
ha,rs crushed in body or worn in nerve
Arter referring to the Court OF Appeals up
,o,d,rg the building Of the Brooklyn Bridge
Justice Barrett says;
When we recall the fact already adverted to tina thaf
the evil in question one which private CAPITA @
was disposed p,,ernas 70 gdx or of competition by
civ with lis citizens in The business walks OF Efe
entirely dSppsds Wedge of socialism but simply novel
municipal work undertaken unoer 'he S'eSs 0i
dire necessity
In closing Justice Barrett says
1t Is claimed that the Legislature had no apthoTy T
n has however been abundanty settled that there
is no constitutional objection TO an an NJ te re
State the question whether II desires the passage o.
q statute particularly affecting H. hasty, ,eie @ ,vo i
nothing in the act which be said 10 allow tne
city or the Commissioners TO enter INTO contlac, W
Violation Of the provisions Of Section ~ Oh Aruce
~ the Constitution 10 the effect that no county or
civ shall he allowed TO become indebted for any pur
pose or in any manner to an amount which lnciudihg
the assessed valuation Of the real estate OF sutn en-
county or city subject to taxation as II appeared oy
the assessment rolls Of said county or city on the last
assessment for State or county taxes prior to tne m
.urring Of such indebtncss." 1t Is to be presumes
that public officers will do their duty: and one OF
their rst duties is to respect and obey the Constu
ton ton. The is not invalid. because under IT
wh,cb would transgress the provision In question
in other words. make an Illegal contract In disre
66otbing Of the kind Nor does it appear as a mat
ter OF fact that such contract VII necessarily io
We have thus considered all the questions pre-
sented by the present record and our conclusion "
rrc.,,sion OF the Constitution. The judgment ap
healed from was therefore right, and should DE
affirmed with costs
Justice Ingraham. in his dissenting opinion,
says:
If the public character of the business or use TO
son Why the cty of New-York should not be com
PEELED to erect hotels to be used for the accommoua
lion O, guests theatres TO be used for the amusement
Of its citizens elevators to be used by the railroads
for loading grain from their cars. stage or cap
ns' use for or the purpos Weh Is for the
nence amusement OF the people ~ Is sOeE or 20, a
such a use of public money and pubic credit that
this constitutional prohibition was INTENDED 10 pre-
vent.
In his onlnion Justice Rumsey contends that the
whole legislation ie fraught with danger TO the
Commonwealth because The necessary effect OF 1t
cannot be otherwise than to draw within the power
OF the Legislature and to impose upon the state ana
CITY authorities the management and control OF
convenience OF the people or which can be supposed
in any way TO advance their prosperity.