Majority
p. 586The People of the State of New York ex rel. Village of Brownville, Appellant, v. Public Service Commission of the State of New York et al., Respondents. (Argued February 24, 1925; decided March 5, 1925.)
Headnote
Constitutional law — railroads —• constitutionality of chapters 134 and ' 335 of the Laws of 1921 amending Public Service Commissions Law relative to regulation of railway fares.Matter of Vil. of Brownville v. Pub. Service Comm., 209 App. Div. 640 , affirmed.
Appeal from an order of the Appellate" Division of the Supreme Court in the third judicial department, entered
p. 587
May 6, 1924, which affirmed, on certiorari, an order of the Public Service Commission regulating rates of fare on the New York and Black River Traction Company under section 49 of the Public Service Commissions Law, as amended by chapters 134 and 335 of the Laws of 1921, since repealed, whereby a provision was inserted authorizing the regulation of fares by the Public Service Commission “ notwithstanding that a higher * * * rate, fare or charge has been ” heretofore prescribed by general or special statute, contract, “ grant, franchise, condition, consent or other agreement.” ' The petitioner contended that said amendment was unconstitutional.
Nathaniel F. Breen for appellant.
Henry J. Kimball for respondents.
Order affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Absent: McLaughlin, J.