Matter of Application of Union Ferry Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made the first Monday of March, 1884, which affirmed an order of Special Term, dismissing a petition of the petitioner above named, for the appointment of commissioners to appraise the compensation to be paid to the owners of pier Ho. 2, East river.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made the first Monday of March, 1884, which affirmed an order of Special Term, dismissing a petition of the petitioner above named, for the appointment of commissioners to appraise the compensation to be paid to the owners of pier Ho. 2, East river. (Reported below, 32 Hun, 82.)>// The proceedings were institued under chapter 259, Laws of 1882. The power over wharves, slips and piers in the city of Hew York, and the disposition of them in the interest of commerce, has existed and been exercised…
1Opinion of the CourtRapallo, J.
The order denying this application was sustained by the court at General Term on the ground that the act of 1882, chapter 259, contravened section 18 of article 3 of the Constitution of this State, which provides that the legislature shall not pass a private or local bill “granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever.”
Passing for the moment the question whether the act of 1882 granted an exclusive privilege, immunity or franchise within the meaning of the constitutional prohibition, the question arises whether the grant…
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