Brewster v. City of Syracuse
Brewster v. City of Syracuse
Opinion of the Court
The first objection made to the constitutionality of the law, the validity of which is involved in the judgment appealed from (Laws 1857, ch. 14), is that it embraces more than one subject, and that its subject is not expressed in its title. The Constitution (art. 8, § 16), provides that no private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in its title. The title of the act is, “ An act for the relief of James Ley & Son.” The substance of the act is that power is conferred on the common council of Syracuse to assess, collect and pay to James Ley & Son, contractors for the construction of a sewer in that city, $600 in addition to the contract price. This constitutes but a single subject. The whole provision is framed to produce a single result, the relief of James Ley & Son. The different steps by which this relief is to be brought about are not distinct subjects, but are minor parts of the one general subject. This general subject is expressed in the title. The degree of particularity with which the title of an act is to express its subject, is not defined in the Constitution, and rests in the discretion of the Legislature. (Sun Mutual Insurance Company v. New York, 4 Seld., 241.) An abstract of the law is not required in the title, and its actual subject is, in this law, clearly and appropriately expressed.
The other objections to the law, founded on the position that it impairs the obligation of the contract under which the sewer was constructed,- and disturbs vested rights, may be disposed of together. There was, in law, no contract between the constructors of the sewer and the persons assessed to pay for it. The sewer was constructed under authority conferred
It is. urged that Ley & Son had no unsatisfied legal claim in respect to the sewer, and that, therefore, the Legislature had no authority to tax, or authorize taxation, for its payment. To this position, the case of The Town of Guilford v. The Supervisors of Chenango County (3 Kern., 143), is an answer. It was there adjudged that the fact that a claim was not such a one as
It is further suggested, that a provision of a city charter cannot be altered by a law enacted merely with the ordinary forms of legislation. We are not referred "to any provision of the present Constitution from which this consequence is thought to be deducible, nor are we aware of any which affirms or sustains any such general position.
Ho complaint is made that this act has not been passed by such vote as was constitutionally requisite; but the case is rested upon the points, that the title of the act was defective, and that the Legislature did not possess the power to pass the law.
The judgment should be affirmed.
All the judges concurring,
Judgment affirmed.
Reference
- Full Case Name
- Brewster v. City of Syracuse, Ley
- Status
- Published