State v. Mayor of Paterson

The opinion of the court was delivered by

Dixon, J.

The question presented in this case is whether our general laws authorize municipalities to levy taxes on mere corporate franchises.

That such franchises ,are taxable as property is settled by the judgment in State Board of Assessors v. Central Railroad Co., 19 Vroom 146, but whether they are included among the subjects of municipal taxation is another question, dependent upon the proper construction of the laws delegating the taxing power to municipal bodies.

The defendant, in support of the present tax, first invokes the act of 1866 (Rev., p.…