City of New York v. Fifth Avenue Coach Co.

Finch, P. J. (dissenting).

Since the amendment of the Constitution in effect January 1, 1924, such legislation as is here under consideration, affecting cities of the first class, would be clearly unconstitutional. As pointed out by the Court of Appeals in Matter of Mayor, etc., of New York (Elm Street) (246 N. Y. 72): “ Up to that time, the distinction between special or local laws on the one hand and general laws on the other was directed to the form of the enactment rather than to its substance. If the act by its terms was applicable to a class, it did not cease to be general though the…