The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-03-25
THE RAPID TRANSIT LAW.
FRANKLTN BARTLEIT Ws TT
TO NE UNCONSTITUTIONAL.

He,ng n Special Law. Providing 70
Lending the City's Money In AID OF o.
Individual a-d for IN Increase OF Oh
Ctty's Debt Beyond the Constellation
Limit A Popuiist Socialist Device
The Appellate Division OF the Supreme Cour
devoted yesterday afternoon to the considers
tlon OF the legal problems involved In the crea
tion and work of the Rapid Transit Commits
sion In this city. Tho Commission recently
after an extended hearing. made Il report of III
findings to the court. The matter was brough
Into court yesterday on nm appeal from the de
cislon OF Justice TruRx at Special Term, In III,
taxpayers suit Instituted Ivy TuE StN printint
and Publishing Association. Franklin Bartlett
as trustee under the will Of Henry Mason
and Mason Carnes against tho Board of Rapid
Transit Commissioners and the Mayor. Alder.
men, and Commonalty of the city OF New York
The appellants claim that the act OF the Leg.
islaturo under which the Rapid Transit Com.
mission was appointed was unconstitutional
and Is against the public veal.
The court heard argument Mt the same time
yesterday on a motion to confirm the report OF
Commissioner Coudert, Gelshenen. and Shcr-
man.. Constitutional objections which had been
made at the time OF the appointment OF These
Commissioners were by order OF the court ex-
pressly reserved for arRument until the coming
u VI tno FopOFL u tne commissioners, ana tho
same constitutional objections we're involved In
the taxpayers suit and in tho objections inter-
posed by them to the confirmation OF the Com
missioner report.
On the bench yesterday were Justice Van
Brunt, presiding, and Justices Barrett, Rumsey,
Williams. and 1ngraham. Congressman Frank
lin Bartlett appeared as counsel for THE SrS
Printing and Publishing Association and Others:
Ellhu Root and George O.. DE Witt as counsel
for Robert Goelet, the Chemical National Bank,
and others: George Zabriskie and Archibald
Murray for Henry Hilton and others. Theodore
Connolly for the Corporation Counsel: Ezra A.
futile. james c. Bushby. and John +. Roose-
welt for the Park Avenue Association. and
Albert B. Boardman and Edward NJ. Shepard
for the Rapid Transit Commissioner.
Congressman Bartlett said " Before proceed
Ing TO discuss the constitutional questions in
volved / call the attention OF the court to the
general proof that constitutional safeguards
should be upheld. 1t has become the habit of
certain courts to belittle and impair the i'm
portance of those safeguards which were de-
signed to secure to the citizen his property
rights. The grand. broad question to be de-
cided by this court, as / concede 1t 10 be, is:
Shall the Constitution Of the State OF New York
be upheld or not?
THE Constitution Is supreme. II is the or
ganic law. the underlying frame Of government,
and 1t Is therefore superior to any legislative
enactment. The Constitution is made for all
time, or at least for a long series of years, and it
" ~. ''"o'
49, -" "
rnoMh NY
N,'N' y" LUG
.n'' ,l'. II feiefehee 10
80 y y" i" foter-
VI.
. "", 70 ,ons'itu-
~. " nnnaIo','s o,'ue mem.
.ois " wv iiouses' Ii 9ehato ana
Assembly, ana must De agreed TO n second time
by q subsequent Legislature. and finally be ap-
- '' Nv 7Ia'o
voting thereon.
Convention 10 revise thn Consti,r,tnn or%
an"
electors of the state in 1910 and every TWEEN
.I.o,,,s n,.,ne ,l a.e a'u u a majority OF the
e,'ctors Young thereon decide in favor OF a Con-
~vention. one shall be held. Any proposed con-
s~titution or constitutional nmendmert mrst 70
1890. ~ %
gates elected. and must, subsequently,, be sub
mittsd to . vote Of the electors OF the state:
these provisions. wn'ch maze II so dificu't
t TO s% a1a n ,m1 oOaDt''a nhon.c uem0 ms 'raae It's set,
'.' uu y pesniaaent 'natae'er IN COMPARISON
ordinary statute law And If the Consti-
u " lo 1o HIM bIIbI llI III
cannot hs CHANGED ercen, oI,sr araa. dalInara'
u"os e'"a"seu eAeept "''e Ureat "e'ioera-
ton and several successive approvals by the
people at large. or by their representatives. it
must be of vital importanc 20 TIM, ira nrovis,ona
u )" '"p'''""'o 'ha' 's pro''s'ohS
should De duly observed and that the Constitu-
tion should remain inviolate.
"your Honor, are verv familiar with ,bo q
" w" u WY ''n'i'"' WI" ut seh-
eral RUE that whenever n legislative enactment
contrayeues the Constitution must control. md
.nIao ~, dn.,, 4, ,.,.aa.u 80 rIa
"o' ~ ne'''S"rs W ci'e many cases
upon that point. l have referred 10 but three
cases: one, the famouso old case OF NIarbury ar,.
N1.diao, ,yharo Chio, Irs,io. ,torsh.u .aia 80
n - ~ H. ~ no n,si 1870 pta.ann,n sa,u tnhI
~ Snna,i,n = ~ .vkaru :, CONSIDERATION, anu
~ ,Se Ia.SsIaturs *. Son ~ oruina5y not
a. - iueru y s. ~ onn'ttu'on anu h3t
,hsn ba,h = ~. :. > mn'tn
he 9 uuraua 90 u IL H. ~ u 1u,n,on ID
~ - =. IN - nDu a ~ ~ - SSn,teu Sta'eSi rrh-
Conn, a. ~ h.ro l. ou ~ = ~; SnttnS
!. y nv az tntlulhl hcI
~ y ~ sSnisrs no Iixnts' " imposes no
oface II : "a IN n Iaso no captom nIati srsnoes no
ill.,. ~ y, T. ~ esS x untpIat' ns ihopcra-
. y ~ ,n " az. e pa'reu, l.,
d, oosh {Snit.o w. ~, ~ a rase Tepnrteu ~
l-utn III othtcS. tue shult great JUuEe NStu