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SOUTHERN BOULEVARD R. CO. v. CITY OF NEW YORK

No. 78.

86 F.2d 633 (1936)

SOUTHERN BOULEVARD R. CO. v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

November 30, 1936.

Attorney(s) appearing for the Case

Alfred T. Davison, of New York City (Addison B. Scoville and Alfred T. Davison, both of New York City, of counsel), for appellant.

Paul Windels, Corp. Counsel, of New York City (Paxton Blair, Meyer Bernstein, and Sol Charles Levine, all of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Appellant is a street railway company, with a franchise to operate in the City of New York, requiring it to make annual payments of 5 per cent. of its gross receipts to the city and limiting it to a 5-cent fare. An additional franchise tax of one-half of 1 per cent. is paid annually to the State.

The New York Legislature by an enabling act authorized any city of one million inhabitants or more to enact local laws for the relief of unemployment...

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