The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-04-29

title 70 xh:t was thus placed goes with the
The .spsciat. franchise Of q railroad in ope,r-
alton foT city into suburban t9wn' NAY Ss
ass ;ns nos: a nS cone cs &C
indylSS: rom o.: snd q tas line e the
! among The several tax districts Affected:
pany, for !, has ONLY 90 much 70 pay IN any
event. and II shows that the work OF valuation
not local but general In ~ Ghars cssr I'm, hna
1 manicipai conee nearer Seets lie "e senerai
public rather than the PEOPLE Of q community,
handle, because they cannot consider u as q
whole by going without their precincts out
aistTic toy They cannot a" make the distribS.
ton among localities interested In the specia,
franchises. local assessors still remsin local peal
intact and unimpaired.
Local self-goyernment H. untouched and
special franchises were known when the later
constitutions were adopted they were not
then az az Dca wss then
new ONCE. with new functions adapted to
ciple from any ever denlt with by local as
rs9pfy ssisS b i sas
taken away from them.
POWER OF LEGISLATORS TO BE CONSIDERED.
Tie entire taxing power betonSs TO the
for local or general purposes TO carry. on
seif-governrnent in localities or In the State
or 10 provide for the public safety. order or
poNer should q Be- considered o in 'connection
With the home rule provision OF the Con,
as 70 embsrass or cripple the other
Home rule. as understood and practiscd
in the past. giving 70 localities the right 70
govern themselves, hut not 10 hamper the
government OF the state. should be carefully
protected from open attack or indirect In.
10 substancr. and the right TO create a new
/ system OF taxation and bring in property
OF nsw character. hitherto s dn ,Sst Win a
be denied upon principle and should not be
Sy soae she the
While u Is difficult TO classify alI the nnthor.-
to ths inst az
AZ the head OF the first class stands the cele-
DRAFTED iudgment oi Chief Judge DEMO IN he
case the statute. combined four counties into
one police district. invested five Police Com
ins ssi as a board with the MAYORS OF two cities
belonging to certain local officers Of said
'' The r new board was authorized tonppoint
and control all the poliremsn who , Mere to
ACT IN any DdTt OF the Ol>tTItt, VtEtTOINrN VI
residence or county lines, The validity Of
the act was upheld upon the ground that the
Conlmissioners thus appointed we're not CITY
officers. although " was strongly challenged
at the bar and by vigorous dissenting opin-
ion rs a violation of the home rule provision
OF the Constitution.
Similar acts. crenting a new system ny
erecting a metropolitan fire district. II metro;
politan health district. a metropolitan board
embr acise the territory 1.-TWO or more n,u,ic-
pal divisions OF the State. were also .us-
In al to the dsH local ofieers wore transtefi TO
An act. however. which establishes police
force already orsanized, and three small
patches OF snnrsely settled territory. in all
stitutional as an obvious attempt to, evede
the restrictions relating TO home rule. be;
cause /, was dssgnsd for the city Only , snd
ssry to extend police protection TO them:
the right to erect two or more separate and in;
,dspcndent municipalities into new tivii
dtvi'tsn; to an,h1ri,r oif,c,nii , a,ppo,ntsd 6v
DISCHARGED by LEGAL officers and vct to leave
tks municipalities in f,lI existence and un-
RXHs~ anthori,ins state officials to construct
cstblic buildings. paris end highwnnys, the
been uniformly sustained. although the power
T. msse such improysmsnt,, had, been Pre-,
was uf ged that the transfer Of the power was
an encroaehment upon local sell. govern.
70 the newt sroup may be assigned statutes
which, directly or Indirectly. authorized the
appointment Of local Officers by state officials,
p he n s.esS Or ri r%S the
power OF local authorities In the appoint
mont OF local Officers. such legislation has
hecn condemned as In manifest violation Of
home rule.
in. the, peonle. ys. hammond. which is the
absolute overthrow Of the local assessor and
the transfer OF nil his functions TO state
cse5 which e. the cGu, Sfd 70
them by the Constitution :.
The remaining cases decided IN this court
OF the statutes Involved was not disturbed
no analysis thereof IL necessary.
When new systems haze bean bean created for
the inf'ction Of the death penalty or the pun:
ishment OF convicis, formerly confined by
penItentiaries. no question seems to have
been raised or claim made that such leeisla-
tion inter!ered with the principle OF home
The absence Of adjudicnted cases relating
TO these and other r,bjects which might he
s eiso conssitStien acting but few years sso.
as Il indicates that they were satisfied with
Sss. sna TIC sy s ss PC S with such
peculiar situation and novel conditions
as faced the Legislature when II passed the act
20 tax special franchises. Certain express
rjons of learned Judges, used orouondo, in
discussing the subject OF home rule. ore relied
upon by counsel as establishing a principle
that controls this case.
Principles are not established by what was
said, but by what was decided; and what was
said In not evidence OF what was decided.
unless II relstcs directly 20 the Nv estion pre-.
scented for decision, General expressions,
as the great Federal wrist once said, ARE to
be taken In connectiCn with the cases In which
those expressions are used.
A more specific review OF the authorities
is Unnecessary. for IL H. sum Gent 20 state That
neither singly nor collectively have they so
construed the Constitution as TO prevent the
Legislature. under the circumstances exist
ing when 1t sought to promote sound public
policy by passing the act In question. from
creating "a new system Of "a xation. embracing
ing incidental additions and committing the
power Of assessment TO a State board Of ex-
perts.
- The remai ming questions rnised by the
REALTORS do not REQ uire elaborate considera-
ton. We cannot sustain their position that
the taxation OF a special franchise ,mpairs
the ohlie ton OF n contract and thus violates
the Federal Constitution. The franchises
are grants which usually contain contracts
executed by the mimic ipality. but eNecutory
as TO tho owner. They contain various oon-
ditions ana stipulations u he observed by
the holders Of the privilege. such as payment
Of q lcense fee, Of a gross sum down, Of
specific sum each year or a certain percenta SO
OF receipts as a consideration or in full
satisfaction for the use Of the street,