New-York tribune., 1909-05-05
CHARTER KNOCKED OUT
IS UNCONSTITUTIONAL.
Court of appeals 4cts an PO7cer
Com panyS Case.

Albany, May 4.-The Court of Appeals to-day de
Clared unconstitutional the remarkable charter Of
the Economic Power and Construction Company,
Of Buffalo, in which William J. Conners. Demo
cratic State Chairman; ". Caryl Ely and other
prominent politicians are interested In its de
cison. which unanimous the intimation was
given that the Legislature hardly could have been
awake when sweeping document passed,
in 1923 The charter, which since then has been the
object Of widespread criticism conferred the
company absolute right OF eminent domain pos
sesSed by other company, and In some in
stances not by state authorities the degree
named in this charter. Close observers of legisla-
ton have said that this charter one Of the
most notorious examples of the grab" bill, Of
which many dangerous specimeus were before the
legislatures of the 9Gs
When the company attempted under It's charter,
to eXcavate trenches in the OF the city of
Buffalo in 1907 for the purpose of laying steam
mains and electric conduts. the city authorities in
;erfered. The company then brought action 10
restrain the Commissioner of Public Works and the
Superintendent Of Police from interfering with the
work, and the Special Term Of the Supreme Court
of Erie County decided in the company's favor
This decision was sustained by the Appellate D-
vision. but the Court OF Appeals reversed the lower
courts and sUstaius the right of the city 70 pre-
vent the company from tearing the streets,
Judge Chase writing the opinion Of the court
says that in no other hat has come to the at
tehton OF the court has an unlimited special iran
chise, with power to lease sell the same i'll
whole or in part, been granted by the Legislature
Of this state. Continuing, he says:
The right 10 the streets and highways and
Pnohc places throughout the state, without qJaH-
noituoh or limit read u connection with the power
To other corporation. is very extraordinary
as 10 overcome every thought of the same being an
lHolde;t to the n' orloTatOn OF a power ana CON
SructlOn company. The grant coupled with the
right 20 traffic In such franchises without the con
sent oi coIupe usaliou to municipalities i OF Such
Importance and VaUe entirely TO uNerShaduN
the aNoyred subject OF the act itself.
We believe that The diligence ard ability Of cOun-
SCI FOR the paintin oalthouEh they were not re
To our attention every authority and argument
which aid la sustaining the special franchises
stated in the act, but after weighing every con
SideTatiOu clearly of the opinion that they
concealed below a title that does not express
the subject Of the act far as il relates to such
special franchises.
Tho spirit Of the constitution, which is against
cuuCes lmcEt and in favor Of publicity, has been
violated. The affects every citizen. as well As
every municipality throughout the state Its title
did not give any fair or reasonable expression OF
the subject thereof. II was. for the purpose now
claimed for it. delusiye, deceptive and misleading
The wholesale right to the public streets ana
places for al purposes claimed by the paintin could
not reasonably have been anticipated therefroIn
The grant Of special franchises not within the
subject expressed in the title Of the act and are
void
The New York Power Securities Company Of
B3ffalu. incorporated in 1906 with capital stock
Of S25U0o0o took practically all the stock OF
the Economic Power and construction Company.