Gould v. Village of Seneca Falls

Headnote

Gould v. Village of Seneca Falls, 137 App. Div. 417 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 12, 1910, which affirmed an order of Special Term granting an injunction restraining the defendants from issuing certain village bonds and from levying a tax for the payment thereof.

The following questions were certified : 1. On the 22d day of June, 1909, were women who resided in the village of Seneca Falls, N. Y., and were the owners of property in said village, assessed upon the last preceding assessment roll thereof, entitled to vote on the proposition submitted at the special election held on said date ? 2. Did the addition of

the following words at the end of said proposition make the same “ a proposition to raise money by tax or assessment,” within the meaning of article 3, section 41, subdivision 2, of chapter 64 of the Laws of 1909 (the Village Law): “ and shall there be raised annually, by the levy and collection of a tax upon the taxable property in said village, a sum, which with the net revenue derived from said water works system, shall be sufficient to pay the principal and the interest on the said several bonds as such principal and interest shall mature and become due and payable ? ”