The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-17
VETOED BY THE GOVERNOR.
The Bills Fixing q q Cent Fare for School
Children in Queens and BROOKLYN.

Children In Queens and brooklyn.
Albany, April 1o.-Gov. Higgins has
vetoed the bills introduced by Senator'S
Cullen and keenan,, fixing at three cents
the rate OF fare for school children on street
surface railroads In Queens aQd Brooklyn
boroughs. In his veto message to the
Senate the Governor says
These bills originate in a laudable desire
TO tighten the burdens Of the people who
nave children at school who must travel
some defiance to attend school, and they
would receive my approval II they did not,
In my Judgment, 60 beyond the limits of
the lawmaking power Of tho State My OBJ
j~ections thereto are:
First-The said bills are unconstitutional,
in that they violate that part Of the ConstI-
tutien OF the United States which provides
that no State shall deny TO amy person within
its Jurisdiction the equal protection OF the
laws.
|. The Supreme Court Of the United States,
In the Michigan mileage book act t17s U. s.
esp held that the statute compelling railroad
companies within that State to sell one thou
sand mile tickets at a reduced rats was .uB-
constitutional and therefore invalid. The
| court says that the power OF the Legislature
to enact general laws regarding a company
and its affairs does not include the power
to compel it to make an exception in favor
OF some particular class in the community,
and to carry the members OF that class at a
less sum than 1t has the right TO charge for
those who are not fortunate enough to be
members thereof.
II the general power exists. then the LeRis-
lature can direct the company to charge
smaller rates for clergymen. or doctors,
or lawyers, or farmers, or school teachers,
for excursions, for church conventions. 20
litical conventions or for all or any Of the
various bodies that might desire to ride at
any particular time or to any particular
place. II the maximum rates are too high
in the jud gment Of the Legislature IL may
lower them. provided they do not make them
unreasonably low as that term Is understood
In the law. But II cannot enact a law making
. maximum rates and then proceed to make
exceptions In favor of such persons or classes
as in the legislative judgment or caprice
may seem proper.
The railroad law Of this State prohibits
any street railroad corporation from charg-
ing any passenger any more than five cents
for one continuous ride. while these bills
fix the rate for school children at three cents:
Therefore such bills seem to fall clearly
within the rules laid down in the mileage
book case, against arbitrary enactneTts In
behalf Of persons or classes,
~Second-The said bills are uncon stitu-
tionsl in that they deprive the corporations
of their property without due process of
law. Statistics furnished by the Board
of Railroad Commissioners of this state
indicate that the expenses per passenger
of the roads affected vary from 3.l7 to 4.97
cents, and hat in every case the expense per
passenge is more than three cents, There
fore il is manifestly unjust and unlawful
to ask the companies to carry school children
for less than the average cost.
The courts of this State have repeatedly
held that while rates Of fare on railroads
and charges by other public service COR
porations are subject to legislative regula-
ton no such corporation can be compelled
TO render any particular class of services
or transport any particular class of persons
for nothing or at a loss. Corporations are
but associations of individuals and although
through such associations and the accumu-
lated wealth thus placed at their control
they may at times be guilty Of extortion
and oppression in their dealings with the
public, in which cases they should be brought
sharply To account, yet II Is but little better
than demagogy for the Legislature to pass
laws which. by reason Of provisions amount
ing to unconstitutiona discrimination and
taking of property, cannot be sustained in
tho CoIrta