Town of Queensbury v. Culver
Supreme Court of the United States
Error to the Circuit Court for the Northern District of New York; the case being this: In May, 1857, the State of New York passed “ An act to authorize the town of Queensbury, in the county of Warren, to issue bonds to aid in the construction of a railroad from the village of Glenn’s Ealls to intersect the Saratoga and Whitehall Railroad.”
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Error to the Circuit Court for the Northern District of New York; the case being this: In May, 1857, the State of New York passed “ An act to authorize the town of Queensbury, in the county of Warren, to issue bonds to aid in the construction of a railroad from the village of Glenn’s Ealls to intersect the Saratoga and Whitehall Railroad.” The act enacted: “ Section 1. On the application, in writing, of twelve or more freeholders, residents of the town of Queensbury, it shall be the duty of the county judge of said county to appoint five freeholders, residents of said town, to be…
1Opinion of the CourtJustice Strong
In view of the numerous decisions made by the highest courts of most of the States, including New York, as also of those made by this court, it ought to be considered as settled that a State legislature may authorize a municipal corporation to aid in the construction of a railroad, in the absence of any express constitutional prohibition of such legislative action. There is no such prohibition to be found in the constitution of New York, and the courts of that State have many times held that the legislature has power to authorize cities and towns to subscribe for stock of a railroad…
2Cited by17 opinions
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- Cole v. La GrangeSupreme Court of the United States · 1885
- McBurney v. CarsonSupreme Court of the United States · 1879
- Wood v. Town of OxfordSupreme Court of North Carolina · 1887
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