224 A.D. 344 | N.Y. App. Div. | 1928
Chapter 647 of the Laws of 1928, entitled “ An act to amend the general municipal law, in relation to authorizing towns to establish, construct, improve, equip, maintain and operate airports or landing fields,” was enacted to enable municipal corporations to acquire and maintain airports as therein provided. It is recited in the agreed statement of facts that the city of Utica has, pursuant to said statute, duly authorized the issuing of bonds bo the amount of $120,000 for the purchase of land for an airport. The plaintiff in his demand for relief under the agreed statement of facts prays that the defendants, as officers of the city of Utica, may be restrained from issuing said bonds.
The question for our determination is whether the establishment of an airport is “ a city purpose ” within the meaning of section 10 of article 8 of the State Constitution, which provides: “ Nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.”
In the determination of the question presented we start with the presumption that the statute is constitutional and valid. (People ex rel. Kemmler v. Hurston, 119 N. Y. 569.) What constitutes “ a city purpose ” within the meaning of the constitutional provision cannot be stated with exactness. Something that fifty years ago could not have been held to be “ a city purpose ” may to-day be clearly authorized by the Constitution. “ The question of what is a public purpose is a changing question, changing to suit industrial inventions and developments and to meet new social conditions. Law is not a fixed and rigid system, but develops, a living thing, as the industrial and social elements which form it make their impelling growth.” (City of Tombstone v. Macia, 30 Ariz. 218; 245 Pac. 677.) The provision must be construed in view of conditions existing at the time when the question is raised. A statute held to be unconstitutional at one time may, at a future day, in view of changing conditions and new light upon the subject, be held to be constitutional. (People v. Charles Schweinler Press, 214 N. Y. 395.) The words “ a city purpose,” as used in the Constitution, have been construed by many decisions. In Sun Printing & Publishing Association v. Mayor (152 N. Y. 257) it was said: “ * * * the purpose must be necessary for the common good and general welfare of the people of the municipality, sanctioned by its citizens, public in character and authorized by the Legislature.” (See, also, Matter of Chapman v. City of New York, 168 N. Y. 80.)
We may take judicial notice of the fact that aviation is no longer an experiment. Large sums of money have been expended and are being expended by municipalities in providing suitable airports. Commercial and passenger lines have been established for the transportation of passengers, mail and express. Railroads have established schedules in connection with air transportation companies for the more rapid transportation of passengers and valuable express, and the government has availed itself of air transportation in carrying mail. A history and explanation of
The submitted controversy should be determined in favor of the defendants and judgment awarded in favor of the defendants as prayed for in the submitted facts.
All concur. Present — Hubbs, P. J., Sears, Crouoh, Taylor and Sawyer, JJ.
Submitted controversy determined in favor of the defendants and judgment awarded in their favor as prayed for in the submission, without costs.