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

r. t1he third Consatuvon, qraiteo 70 49,
e Soa ss f sS w1ss siseSa or .p-
sSs rs By ,0t ss SoS
| the respective counties or appointed ~ the
SSs5f: Of sspsSs'Gn Dser sSs direct
NJ, no, g e. e.
L s{ectors 81 such cities. towns and villages.
81 q some division thereof. Q, appolnted BY
sS s s asssnsss for pt that parpo.. osSef
officers whose election Or sppo at,n is nGi
fSs N may ).
appointed. as the Legislature may direct.
s alede foiS ssSson ip..s gsres into our
| present Constitution. ARTICLE \. section a.
constitutio ton when read in the light q prior
and cotemporaneous history. show that the
object Of the peops n enascti , them w ,ss
state and TO continae; preserve and expand
local sef-government.
THE PRINCIPLE OF HOME RULE.
This was effected through, a judicioas
dstribution OF the power OF seiectinS pIS nnI
and 70 the people generally. those belonging
the local political business OF localities.
village entIstsd e local cosTs se1sSt ssa
and throH III which their jurisdiction extends.
The principle Of home rule is preserved by
continuing the right OF these DIVISIONS 70
iSnetsns w$[ss have always SsiS aS,;.v to
P'Ss rss 10 as Choose The
snicer would be lost. ior with his former snsr
contempiatsd by the Constitution. even II
the name were retained !, .,,,o,.d
90 nominc In the Constitntion. the name may
be cRmnred. or the once abolished. provided
the ft,nctions il retained MT all remain In some
ofhcer chosen Nv he iocaiity
Local functions. however. cannot be trans
isrred to STAY ocer The aesssddH mn ass
he SR~tsea ~ TIE iocsi oficer int Il has been
stsadfsstly held that this power is subject
function helon uing n the onice can be trans
f crred 10 an nfsicep snpointed by central
must be ss,ercised loeally' II exercised at ali.
Mhils no arbitrary line ia drawn TO sepa-
rate the powers Of local and State ofliceTs, the
ana 9ne wSebsr dfect or indre
tio sn on, of the one az thus dened and under
| 5000 m at the Con stitution nrohibits (Peopje
q 81 MSSS Is Draper; pSoI|. ;ss Ps ss2t
| son. SIS y y 30; Astor VS. The Mayor, o. y. Y.
ST. Natter u Of II The Mayor o. n =. So; Matter
issN. 20 P soe, eH ys e Bosrd Of supepvisors.
is KS Allison iS va M.Ide ~ ~ e reYY esb Nv l.
+ ''- ,,.
THE CASE IN QUESTION.
asssssment ~ vnh,aItion' Tor the onTpose of
srnsSal taxotonI OF m Special francGises
By state p, Bsd Of Tax sS pp
The General Franchise OF a corporation
is it's right to live and do business by the
Of the Ss
street railroad company. for instance. is the
PTSsss fy the ssS upon
porators 10 become a street railroad corpor-
aa,iSn and TO construc and operate 2 street
1s yf: he Ss Ssh
State or some municipai officer or body act
inS under it, authority.
When isha q way over DuS bile, street Issss
Ss Seeaiss n spees
aSs Ss y. to es Ss e ns
would be- a trespass. =.
The ssa.p.s Which I: an amendment ne q
that the risht' authority or permission to
Construct. maintain or operate some strucS-
above on or though streets. Highways o.
public places such as railroads, gas pipes
wsseI ms' asd e eeapS lines and The ike
Is a special franchise. -
For the purpose Of taxation such a fran chi.e
,be wsiva ~ the I'm n sii,Ie nrorerty Of \ person
|. snnartncrehin ar corporation Situated in
unnn Under or above any street. highway
ns,blic nioce or pub,ic waters in connection
syvitI rae sSsciai frauchse md In red "a a part
thereof lSection !, clause al This Includes
nothing out what Is IN the street. directly
Sarnas srd II, str,,ct,,ses withcUt The lines ~
! ~ S,,e., 1hs toSss tbus imnosed are Tor
general purposes are collected In the same
,a N.Y.. ,.on tba Sansrs, asssssmsnt roll
Pic ~ the nassase ~ tbts All Scneral
frsnnbises haS hssn ssyed for the heneht ~
IL sta,e under n yaimation made nv a STATE
orsoer With the sanction Of The courts IL iscS
on e acis sh ts, loo PeonIe 70 Rnherts III
" Vs. w. Ioit snecisl fIsnob;ses howexey
Rad n.ver been Ia wfu,ly assessed either Nv
i nca, nr state autboritv hut were made ,aI,
nya 1srtv NV tbe act beSorc M for The ts,st
+ sins IL I'm histnrv ~ lie STATE rPeonle
e"1 II Wsnbatten co Va RnrIer
"a ~ ani peone er rei hyooilr~ ci,y
~ "a Va Seff 10 Ann Div 500 af1rn,ed
on Spini91 q Cullen below in IS. N.Y., y 7as
Inc rgnS s 70 e - as fiois,, og
~ The n,incins 81 home n,Is Embedded in
o. '4e p,it,,,Inn ard esnscioiiv tbe ,irnt ~
s c.s.ss tha ,.n%itic nrorerty aSnenea The
IA iachn I'M .du ,ere,n Nv ,he sat hecanse ne
i, u ~ ram u ,h ';;,risdi1ti",' n ~
, ~ -, assnrs hv xhnm' 4, bad h.en
, me vvs ass.sead W ""o"' ""N 'een
'he,s.o.ore n,se,s, 10 ,s in ,ovor ~ IN. ,.on-
| stitutIonaiisy Of an act of the Iesisiature.
anu, II the CONSTITUTION ana the act can pe