Bush v. Board of Supervisors
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Hiram T. Ostrander and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Orange on the 27th day of August, 1895, upon the decision of the court rendered after a trial at the Orange Special Term.
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Appeal by the defendants, Hiram T. Ostrander and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Orange on the 27th day of August, 1895, upon the decision of the court rendered after a trial at the Orange Special Term. The judgment, among other things, perpetually enjoined the appellant and others from talcing any proceedings to enforce payment of claims made by them under chapter 664 of the Laws of 1892.'
1Per curiam
We agree with the learned judge at Special Term in. his conclusion that chapter 664 of the Laws of 1892 is unconstitutional for the reasons set forth in his opinion. In saying that the power of taxation includes the power to recognize claims against the State or *544its subdivisions, founded only in equity and justice, but not in gratitude or charity, we do not understand Mr. Justice Brown to deny that the State may manifest its gratitude for actual military or other public service by the imposition of taxes for the benefit of those who have rendered such service, or of persons dependent upon…
2Cases cited2 opinions
- Freeland v. HastingsMassachusetts Supreme Judicial Court · 1865
- Taber v. . Supervisors of Erie CountyNew York Court of Appeals · 1892
3Cited by2 opinions
- In re StrausAppellate Division of the Supreme Court of the State of New York · 1899
- Mercer v. FloydNew York Supreme Court · 1898