New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-06-15
MUST PAY SEM|-MONJHLY
colvrt of Appeals Upholds Law
Affecting Railroads.
SEVERAL OTHER DECISIONS
~. Civil Service Protection for
Members Of Volunteer Fire
Departments.

Au,, lime 1.-THE constitutionality o.
reouiring railroad corporations tt
heir employees semi-monthly was up
= -o-day by the Court Of Appeals. The
york Central and Erie Railroad com
ties brought actions against the State
r--,ro,ssjorer of Labor TO test the validity
= .ne law. The lower courts declared il
-.;.,,tionaI and these decisions are af-
800 bv the Court Of Appeals
-ha court in an opinion by Judge Willard
----le., holds that the enactments in Ques-
=, do not deprive the parties of liberty
- nroperty without due process of law,
h.6 been held by the railroads, nor deny
a,uaI protection of the laws; that they
- ,o+ constitute an unconstitutional in
..-.e-ence with interstate commerce Con-
,-ese has not acted on the subject, and the
..5e has right 10 act
-ha onurt further holds that the law
..s,ss no; conhscate corporate property.
..-a.tl,. or Indirectly. 1t does impose a
-,e,er future burden upon corporations
:. which II refers. but that. / think, is
z.,,bi, The power Of the Legislature TO the
cent which has been exercised In this
case.
The court speaks with approval of the
.1srvland and Vermont and follows them
-.tber than those in Pennsylvania, ILL
wis Missouri Indiana and California,
ubich have held similar laws unconstitu-
tionsl.
although this decision viii undoubtedly
- csy-ied 5v the railroads TO the United
s-stes Circuit Court" said Attorney Cen
.rol O'Mailev tonight, nevertheless. i
,f fhis law. and it is supposed that indict-
,,snts which have been secured against the
Erie and the Delaware, Lackawanna *
western railroads for alleged violations In
rarious counties will now be pressed 10
trial"
A decision OF interest to public service
euployes who may have Joined volunteer
fire. departments before their disarmament
IN order TO secure the preference given vet
srsn Aremen under the Civil Service law
vas also given to-day by the Court of APP
meals The court sustains the action of ex-
9oroueh President John A. Ahearn, of New
York in removing from office for miscon-
duct John H Stewart, as acting superin-
teu6ent Of public buildings and offices in
Manhattan Stewart claimed protection Is
: rounteer fireman bat il was shown ,le
rad been q fireman for thirty-three days,
having Joined with go others Richmon,l
Hook and Ladder (, which expected to be
disbanded.
In deciding actions brought against the
state Controller by the Westchester Light
,ns Company. the Consolidated Gas Com
uanv and the Astoria Light, Heat and
Power Company relative to the determine
TOT Of the Controller in assessing their
franchises. the Court of Appeals holds
that the price of coal used to produce gas
csnnot he deducted from the gross re-
ceipts The court holds that the law pro-
Woes for taxing gross earnings from all
sources which means all receipts from
The employment Of capital without deduc-
ten
Telephone companies canaot enforce q
contract for exclusive service. according
10 decision by the court in the action of
the Central New York Telephone and TeIe-
graph Company. against the proprietors Of
The Yates Hotel. at Syracuse a contract /
was entered into whereby II was agreed the |
hotel would use exclusively the Central |
New York Conpany's telephone for nine /
wears Later the hotelkeepers sought to /
introduce another telephone, and the COM
Rany brought suit TO restrain them.
The order Of the Appellate Division. 1st /
Department, suspending Elias B. Goodman, |
misconduct was affirmed. The charges
Here preferred by the Association of the |
Bar Of the City Of New York