Law of New York

“ So here, though no constitutional issue is present, regard for the respective orbits of State and federal tribunals is the best of reasons, as a matter of judicial administration, for requiring a definitive adjudication by the New York courts rather than proceeding on the basis of our own tentative guess as to the meaning of the New York statutes. That federal issues may remain is no justification for refusing to submit to the New York courts a separable issue of New York law. ”

“ It is clear that, under the law of New York, an owner of land abutting on the street has easements of access, light and air as against the erection of an elevated roadway by or for a private corporation for its own exclusive purposes, but that he has no such easements as against the public use of the streets, or any structures which may be erected upon the street to subserve and promote that pubic use. ”

“ But when, as here, a State through its duly constituted legislative branch decides to apply a different standard, then that standard, unless it is otherwise unconstitutional, must be applied to insure that persons are treated according to the 'law of the land.' The State of New York has made such a decision, and in my view nothing in the Due Process Clause invalidates it. ”

“ If the State of New York, for example, should see fit to adopt the civil law and its method of procedure for New York City and the surrounding counties, and the common law and its method of procedure for the rest of the State, there is nothing in the Constitution of the United States to prevent its doing so. ”

“ What standard of definiteness does the Court furnish the New York legislature in finding indefiniteness in the present law? Should the New York legislature enumerate by name the publications which in its judgment are 'inciting violent and depraved crimes'? Should the New York legislature spell out in detail the ingredients of stories or pictures which accomplish such 'inciting'? What is there in the condemned law that leaves men in the dark as to what is meant by publications that exploit 'criminal deeds of bloodshed or lust' thereby 'inciting violent and depraved crimes'? ”

“ In the city of New York the city owns the fee of the public streets (whether laid out under the civil law of the Dutch r egime, or as the result of conveyances between the city and the owners of land, or by condemnation proceedings under the statutory law of the state) upon a trust that they shall forever be kept open as public streets, which is regarded as a covenant running with the abutting land. ”

“ The argument in support of the judgment is simple, and may be briefly stated. It is that New York is the place of the contract, both because it was executed and delivered there, and because no other place of performance being either designated or necessarily implied, it was to be performed there; wherefore, the law of New York, as the lex loci contractus, in both senses being lex loci celebrationis and lex loci solutions, must apply to determine not only the form of the contract, but also its validity. ”

“ But if, as is assumed, the power has been effectively exercised, the New York will is the implement of its exercise, made effective as a will by New York law whose aid the decedent invoked for the exercise and enjoyment of the property right conferred on him by the Massachusetts will. Its exercise is a subject over which the sovereign power of taxation extends. ”

“ Such a fixed law without discretionary powers granted to the building inspecting officials, or to the Bureau of Appeals, is an important safeguard to the community. The experience of New York affords conclusive evidence of the danger of an opposite policy. For example, previous to 1901, the laws applying to New York fixed a limit to the percentage of the lot which might be covered over by a new tenement building, requiring the remainder to be left vacant, in order to provide proper yard and court space for light and ventilation. ”

“ Among the rights enumerated as 'essential and inalienable' is that no man 'can be compelled to give evidence against himself,' and 'no freeman ought to be deprived of his life, liberty, or property but by the law of the land.' New York ratified with a proposal of numerous amendments and a declaration of rights which the convention declared could not be violated and were consistent with the Constitution. ”

“ However, inasmuch as the authority with which the society sought to be invested had reference to public justice, and involved the power to appear for the defence of the interests of others, and to require the coöperation of public officials, a law was indispensable, in order to confer these powers. Such a law was passed August 21, 1875, whose provisions covered not only the case of the New York society, but determined the functions of all institutions of a similar nature. ”

“ The decision thus operates equally as a limitation upon Congressional authority to deal with crime, and, more especially, with juvenile delinquency. These far-reaching consequences result from the Court's belief that what New York, among a score of States, has prohibited, is so empty of meaning that no one desirous of obeying the law could fairly be aware that he was doing that which was prohibited.
Fundamental fairness of course requires that people be given notice of what to avoid. ”

“ There can be no mode in which the power to regulate internal police could be more appropriately exercised. New York, from her particular situation, is, perhaps, more than any other city in the Union, exposed to the evil of thousands of foreign emigrants arriving there, and the consequent danger of her citizens being subjected to a heavy charge in the maintenance of those who are poor. It is the duty of the state to protect its citizens from this evil; they have endeavored to do so, by passing, amongst other things, the section of the law in question. ”

“ But, admitting the doctrine to be fully settled in New York, it remains to be considered, whether it is obligatory upon this court, if it differs from the principles established in the general commercial law. It is observable, that the courts of New York do not found their decisions upon this point, upon any local statute, or positive, fixed or ancient local usage; but they deduce the doctrine from the general principles of commercial law. ”

“ State questions do not become federal questions because they are difficult or because we may think that the state courts have given wrong answers to them. The only questions before us are whether New York has constitutional authority to adopt its own rules of law defining rights in property located in the state, and if so whether that authority has been curtailed by the exercise of a superior federal power by recognition of the Soviet Government and acceptance of its assignment to the United States of claims against American nationals, including the New York property. ”

“ A State law may exclude foreign criminals and diseased persons, States have power to exclude alien criminals, etc., and to exact bondsand may, to prevent loss by subsequent pauperism, exact bonds from passengers, and may compel masters, before landing, to report their passengers, and may have them inspected.
The latter part of this proposition was denied by the minority in New York vs. Milne; and such appears to have been the opinion of Marshall, C. J., in Grove vs. Slaughter. But the law is now clearly settled. ”

“ THAT no Person within this Government, shall be licensed by the Governor to keep an Ordinary, Tavern, or House of publick Entertainment, but such who are first recommended to him, under the Hands of the Justices of the respective Counties, signed in open Court; which Justices are and shall be hereby impowered, to suppress and forbid any Person, keeping such Publick-house as aforesaid, upon their Misbehaviour, on such Penalties as the Law doth or shall direct; and to recommend others from Time to Time, as they shall see Occasion. ”

“ If slaves are recognized as property by the Constitution, of course no local or State law can either prevent property being carried through an individual State or Territory, or forbid its being sold as such wherever its owner may choose to hold it. This is all involved in the present decision; but let a single case draw from the Court an official judgment that slaves can be held and protected under National law, and we shall see men buying slaves for the New York market. There will be no legal power to prevent it. ”

“ The Constitution does not distinguish between different grades of aliens. We cannot enquire whether their persons were paupers or not. The Act of Congress of 1819 keeps carefully within Federal jurisdiction. It says nothing about the landing of passengers, nor about their health or condition, which it would have done had it meant to vindicate a right to landing anybody. This act of Massachusetts only exacts security against pauperism. We cannot admit emancipated slaves. This act of New York is a quarantine law, and no more. The provisions for making it self-supporting are legitimate incidents. ”

“ It is for New York to decide whether its decrees for separate maintenance survive divorce or terminate with it, provided, of course, that its decision is not a mere attempt to defeat a federal right, given by the Full Faith and Credit Clause, under the guise of a determination of State law. ”

“ So far as the law of Massachusetts was concerned, it was declared that although, if governed by that law, the assessment would be valid, as the complainant was a member of a subordinate council existing in New York and doing business there, the rights of its members were controlled by the New York law, wholly irrespective of the law of Massachusetts. ”

“ By a law of the State of New York, every person refusing to take an oath of fidelity to the State, was considered as forfeiting his property. The large territory between the American and British lines, extending nearly thirty miles from north to south, and embracing Westchester county, was populous and highly cultivated. This was the famous Neutral Ground. A person living within that space, who took the oath of fidelity, was sure to be plundered by the Cow-boys ”

“ The law of the state of New York, as declared by the court of appeals, appears to be as follows: An elevated railroad erected in and over a street pursuant to the statutes of the state, and with due compensation to the owners of property taken for the purpose, is a lawful structure. ”

“ The fact that under New York law a statute of limitations might be lengthened or shortened, that a security may be foreclosed though the debt be barred, that a barred debt may be used as a set-off, are all matters of local law properly to be respected by federal courts sitting in New York when their incidence comes into play there. ”

“ For in either event, it says, ' (New York's) determination is decisive that there is no remedy in its courts for such a business invitee against one who has no control and possession of (the) premises.' From this conclusion I disagree. For, if the liability here is founded in federal law, as creating the maritime tort, then New York law has nothing to do with creating or nullifying the substantive right. Its sole function is to supply the remedy commanded by § 9 of the Judiciary Act. ”

“ Does any one doubt but that the people of New York would sustain that law overwhelmingly? If so, what better test have we of its constitutionality? It might be advantageous to have some provision so that in case the decisions of a judge were overturned several times by popular vote, the judge would be subject to recall as being unable to interpret the constitution. The writer is a firm believer in representative government and is of the opinion that the legislature will never reach its highest dignity and responsibility until some device is used to hold the court within its proper sphere. ”

“ In considering whether New York has struck an allowable balance between its right to legislate in a field that is so closely related to the basic function of government, and the duty to protect the innocent from being punished for crossing the line of wrongdoing without awareness, it is relevant to note that this legislation has been upheld as putting law-abiding people on sufficient notice by a court that has been astutely alert to the hazards of vaguely phrased penal laws and zealously protective of individual rights against 'indefiniteness.' See, e.g., People v. ”

“ The nature and qualifications of ownership are decided by the State and although certain supervening uses consistent with those qualifications cannot be interfered with by the State, still the foundation of a right to use the land at all must be laid by State law. Not only the existence of the Company but its right to build upon New York land came from New York, as was recognized by the form of the original Act of Congress of 1870, which speaks of any bridge built 'in pursuance of' the New York statutes. ”

“ The general rule is that equitable rights must be enforced by equitable means, and legal rights by legal means.
The case in New York was decided upon the statute of that state, and a long previous practice under the statute of 5 C. 2, c. 7. ”

“ It is not beyond reasonable assumption that the citizens of New York may amend their state constitution and forbid their legislature to enact any statutes interfering with the freedom of the citizens of New York, in any way, on the matter which is the subject of the Eighteenth Amendment. ”

“ The effect of such laws is very serious. Let it be granted, for the sake of argument, that the government and the social system in the State of New York are the best that have ever existed on this planet ”

“ New York is not the only state with an interest in these questions. New York is merely the sole state whose argument we have heard. The mobility of our population and the complexity of our life create many confusions in which the states may properly look to us for some standard by which they may know what and whom to claim for their own. It seems to me that we should not unnecessarily confound what at best is confusion, by removing the landmarks of state jurisdiction erected by years of trial and error. ”