Report of the Attorney-general in Answer to a Resolution of the Assembly, in Relation to the New-York and Erie Railroad Company ... April 7, 1845


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Página 6 - The assent of two-thirds of the members elected to each branch of the Legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes.
Página 9 - Notwithstanding the grant to individuals, the eminent domain, the highest and most exact idea of property, remains in the government, or in the aggregate body of the people in their sovereign capacity; and they have a right to resume the possession of the property, in the manner directed by the constitution and laws of the state, whenever the public interest requires it. This right of resumption may be exercised not only where the safety, but also where the interest or even the expediency of the...
Página 7 - Constitution a provision requiring thereafter " the assent of two-thirds of the members elected to each branch of the Legislature to every bill creating any body politic or corporate.
Página 9 - But if the public interest can be in any way promoted by the taking of private property, it must rest in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose (2 Kent's Com.
Página 13 - But a bank, whose stock is owned by private persons, is a private corporation, although it is erected by the government and its objects and operations partake of a public nature. The same doctrine may be affirmed of insurance, canal, bridge, and turnpike companies.
Página 10 - Legislature have the constitutional power to authorize the taking of private property for the purpose of making railroads or other public improvements of the like nature, whether such improvements be made by the State itself or through the medium of a corporation or joint stock company, on making ample provision for a just compensation for the property taken, to the owners thereof.
Página 12 - ... that the public was to be benefited thereby, I should not hesitate to declare that such an abuse of the right of eminent domain was an infringement of the spirit of the constitution; and therefore not within the general powers delegated by the people to the legislature.
Página 13 - ... strictly speaking, public corporations are such only as are founded by the government for public purposes, where the whole interests belong also to the government.
Página 12 - But in n state which is governed by a written constitution like ours, if the legislature should so far forget its duty and the natural rights of an individual, as to take his private property and transfer it to another, where there was no foundation for a...
Página 4 - It shall be lawful for the said corporation to unite with any other rail-road company already incorporated upon the route of said road through said southern tier of counties...

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