The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-04-29
TEXT OF THE p DECISION
Deci,rins the Special yrancsise Tax, Law
Constitutional. ,

CONSTITUTIONAL.
z ALBANY, April as.-Jadge Haan's opinion,
6eing the unanimous decision Of the Court
Of Appeals declaring the Special Franchise
Tax law constitutional. thus. sgeyersing
the decision OF the Appellate Division.
Is as follows.-.--.-....-- .-..
questions OK law pro ssitsd ara co n,inon to all
asP % Sny ease were questions Of fact which
ss Ses na Ss q S IN
S Ssisse. in f%sD'nS "a s u our ' are
as well e IN the four ogaSp, 70 w TT by
s saa Snsshs' v tes hsS' Hsass s
rule sn Il oe9tan Political divisions Of the State
In order to answer this DIGESTION II viii De
3s;Inn 70 RGSe Mnss sss. the s sste
SeId "a To- t d%s Of other statutes re
la2 Ss e Sr iiI%ias " SS$ Or the right Of
oelf.govern msa = as to loeai Affairs. existed
ssf %sens SSsa,s ce sna
Ss haS D.ss 81 se emo os Sss
sas t. 'n rSSt to ,O elect eefta oes ooers
from their own citizens. and. with some
IsstTictions. to- manage their own purely
These custom. and Ib.srsis: ~. With other s
Tie King as to arouse deep hatred q CEN
Of yss snS We na Sat ne
as by water, Furthermore. We will and
sos sn. 'a' ." shah have ali tssIT iiSersiss
and free customs" dcag. 49, An evil Gus
CURED cSs into by twelve Knic3t; on the same
county. upon oath. who shall be elected by
sSSS en made tss sSs &c aed ssr
csSss s tsS% mosd q 10 Sscrs
after this hi: marvellous statute rights which
before had rested largely on custom rested
1 b. The amasins covenant OF King John that
mittee.,", his subject, shonld be released from
upon him. saving harmless our person and
The persons Of our Queen and Shi nS , AND
The rights thus secured after long struggle
s sed Sy and Se Violated by the rSns monareH
we're never lost. Dit were brought over by
the c3opsts The SANE ,ss as thsS Sr9asas iss
WITH With the he one as soon as tic otter The iiher-
ties and customs OF ioca lities reappear On a
Sf2y Se% Snf England MH and the Various eSIons
including the colony OF New l9rE. Ene
ns name 81 10 meet, al stated LINES H. public
town meetings. elect town ,Pf1cers and trans
act town busiRess-M Wa, well establisned WINE
different statutes enacted by the Governor.
s sssSsss :s a w. . s,s. Isss ss,
s isss l.: ssa ,ss. Va Ia apo
nr sssa 70 c. the q 0G the T Sl
Y: :ss : y: $ss, + IA; s.s
s. 81 sisGsd e sss GGs s ys
s s,s :upsEss2II: f snd
ne ;ss sES 3 .si sn ss.G s 4 Is
Tsorle OF the locality, and was stubbornly
Insisted upon a. inNtoiable.
30; THE FIRST CONSTITUTION.
Such was the state Of Affairs when the fret
Ssnt ofsssysd lie sac srsns.a % 1sSs:
70 tie people. but was metz, Own crsstioa,
s::s;s llSG @ 6 s ss:s's:
s.l II; %.s .,.s; .:
:Ssld eos siyas ns Ssusis:a SG| xisSg.i
md :sss.:S.S ssS ri s,s; sss,
s ssnsSss s.sssn e.
Ts1s, CLERK: y :a aSs and iussicss q
8 and .s, Thus Our ssfiSst consti, ition
did not create tie Tight 70. ekct she admin.
p dal 9SR S.iS sHSt .? sss
colony while Il was Under vhs domfnion Of
the TnRlsh rrown. The only les>Nl officers
ple- were town .ofncers, and in fict alnnoet
all ofIicefs Of othcr boesi divisions were ap-
POINTED by ccntrol authesity.r II.
ooSssrrnrI sTHxr tonLowEp.
,.In,,ccse eoId Contribution. fran,ed in, 1871.
ahp@spi , ~ ,s2pnty, town. ely, and yllhrs
by the. peosie. sl,nll rontlsae u De elected.
and all othsr ,9fleerAc rhoes ;espointment
not provided for BY this Consultations. and
! created by law, shall hn eiected blythe peopis,
~ -sppoipled, as may :b1 Law be directed
lA'pc'' ~ .eff.pP pi, shcrifs eoroners
iist ~, - 40 zee ,i';'s Z A..