New-York tribune., 1922-01-18
Judgment on Procedure
Of Legislation Affect
ing municipalities Re-
served by Three Judges
Full Bench Backs
Traction Authority
Board of Estimate Order
ed to Issue ST., 1,444,222
Needed by Commission

ALBANY, Jan. 1.-THE Court of
Appeals upheld to-day the constitu-
tionality of Governor Miller's tran
sit commission act. Three of the
seven members Of the court, Judges
Hogan, Cardozo and Crane, while
concurring in the decision of the
majority, reserved judgment as to
how far the rights Of the City of
New York in the traction lines it
owns may be modified or divested
under Section of Article ~ of the
state constitution.
The reserving Of judgment on this
section of the constitution, which
provides the procedure of legislation
affecting cities, will permit further
test Of the constitutionality of the
act in so far as it affects the New
York City transit situation.
Assistant Corporation Counsel
William A. Walling, representing
the city. said the city would not ac
cept to-day's decision as final. It is
understood the case will be taken to
the United States Supreme Court.
Judge Chester B. MCLAUGHLIN
wrote the opinion. Chief Judge
Alscock and Judges Pound and An
fdrews concurred in whole.
Demands for $l,444,222
Must Be Complied With
lhe opinion held that the Board II
tEstimate and Apportionment o. New
York City must give the Transit Com
| mission the s1,0s3.327 and the $500 .so5
/ it requsitioned for its support 1t was
an application by the commission to
the Appellate Division of the First De
partment for all order requiring the
city authorities to pay these sums that
brought the case before the highest
| court in the state
The Appellate Division ordered the
payment of the moneys The board
again refused, and appealed to the
Court of Appeals, alleging that the en-
tire act was unconstitutional.
Judges Hogan, Cardozo and Crane.
in concurrng in the major part of the
! opinion, said that even if the act could
be held unconstitutional in some par
ticular contingencies. it is not uncon-
stitutional in its entirety. They held
further, that provision for the finan-
cal necessities of the Transit Com
mission is therefore necessary and
that imposing on the Board Of Estimate
the duty of honoring the acquisitions
Of the commission is valid exercise
of legislative power, as is the empow-
erng of the Appellate Division to com
pei the Board Of Estimate to comply
with the commissions requests for
moneys Judges Cardozo, Hogan and
| Crane, therefore, joined in affirming
the order of the Appellate Division.
Argument Centered on Four
Chief Points Raised by City
Judge Mclaughlin centered his argu-
ment against four Of the chief points
raised by the city, taking up first the
I allegation that the Transit Commis-
| sion act violates Section 2 of Article
XII of the constitution. The complete
text of the decision follows:
"Article NIL Section 2,~provdes that
all city, town and village oHcers whose
election or appointment is not provided
for nv this constitution shall be elected
| bv the electors of such cities, towns and
villages or of some division thereof, or
appointed by such authorities thereof
| AS the Legislature shall designate Tor
! that purpose. a.
"Articic XII, Section 2, Classics the
cities of the state according to popuia-
tion as determined by the last state
enumeration as from time to time
made, as follows:
"The first class includes all cities hav-
ing a population of 175,000 or more;
the second class, all cities having
population of $4,000 and less than 1885,
900; the third class, all other cities.
Laws relating to the property, affairs
or government of cities and the several
denartments thereof are divided into
general and special city laws; general
city laws are those which relate to all
the cities of one or more classes; spe-
cial city laws are those which relate
to single city or to less than all the
cities of class. Special city laws
shall not be passed except IN conform
ity with the provisions of this section"
Then follows q provision to the effect
that after special city law has been
passed by both branches of the Legis-
lature. the house in which it originated
shall Immediately transmit certified
COPY thereof to the Mayor of such city,
and within fifteen days thereafter the
Mayor shall return such bill to the
J
statement that it is either accepted or
rejected.
Limitation on Local Bills
BY Legislature Defined
article III. Section 18. provides,
among other things, that The Legis-
lature shall not pass private or local
bill in any of the following cases:
Granting to any corporation, associa.
tion or individual the right to lay down
railroad tracks. The Legislature shall
pass general laws for the cases enu-
merated in this section and for all
other cases which in its judgment may
be provided for by general laws
"In considering whether an act o!
the Legislature be constitutional tn
history connected with its origin r>-.s.
be taken into account. The publ,
service commissions law was passed il
1907 (Chapter 429). 1t took the place
! Of the rapid transit act passed IN 1891