People ex rel. Bothfuhr v. New York Central Railroad

Mr. Justice; Stone,

also dissenting:

I do not concur in the construction adopted in the opinion that clause 6 of section 25 of the Counties act prevents the levy of any tax under it where the people of the county, prior to the passage of the act, voted any amount of tax for State aid roads, nor in the conclusion of the opinion that such construction does not render the clause void as contravening section 22 of article 4 of the constitution, preventing the passage of local or special laws regulating county affairs.

Considering first the effect of the construction adopted in the opinion, I am of…