State ex rel. Bulkeley v. Williams

35 A. 24, 68 Conn. 131, 1896 Conn. LEXIS 15
CourtSupreme Court of Connecticut
DecidedJune 25, 1896
StatusPublished
Cited by67 cases

This text of 35 A. 24 (State ex rel. Bulkeley v. Williams) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Bulkeley v. Williams, 35 A. 24, 68 Conn. 131, 1896 Conn. LEXIS 15 (Colo. 1896).

Opinions

Baldwin, J.

The provision of suitable means of communication between the opposite banks of the Connecticut river has been, from early Colonial days, a frequent subject of legislation by the General Assembly. Numerous ferries have been set up, from time to time, at different points, by virtue of franchises conferred in some cases upon towns, and in others upon individuals; and several toll-bridges have been erected during the present century, under charters granted to private corporations.

One of these bridges took the place of an ancient ferry between the towns of Hartford and East Hartford, in which each town had a proprietary interest. The bridge company, by a voluntary settlement, paid to Hartford a satisfactory compensation for the revocation of its ferry franchise ; but declined to recognize any claim of East Hartford, the original grant to which, by its express terms, was only during the pleasure of the General Assembly, and had been repealed without qualification. Litigation resulted, and this court held that no rights of East Hartford had been violated; a decision afterwards affirmed, upon proceedings in error, by the Supreme Court of the United States. In the opinion there delivered, it was held that the State, on the one hand. [140]*140and the town of East Hartford, on the other, did not stand, with reference to the grant and repeal of the ferry franchise, in the attitude of parties to a contract. “ The legislature,” it was declared, “ was acting here on the one part, and public municipal and political corporations on the other. They were acting, too, in relation to a public object, being virtually a highway across the river, over another highway up and down the river. From this standing and relation of these parties, and from the subject-matter of their action, we think that the doings of the legislature as to this ferry must be considered rather as public laws than as contracts. They related to public interests. They changed as those interests demanded. The grantees likewise, the towns being mere organizations for public purposes, were liable to have their public powers, rights, and duties modified or abolished at any moment by the legislature.

“ They are incorporated for public, and not private objects. They are allowed to hold privileges or propertjr only for public purposes. The members are not shareholders, nor joint partners in any corporate estate, which they can sell or devise to others, or which can be attached or levied on for their debts.
“ Hence, generally, the doings between them and the legislature are in the nature of legislation rather than compact, and subject to all the legislative conditions just named, and therefore to be considered as not violated by subsequent legislative changes.
“ It is hardly possible to conceive the grounds on which a different result could be vindicated, without destroying all legislative sovereignty, and checking most legislative improvements and amendments, as well as supervision over its ■subordinate public bodies.
“ Thus, to gó a little into details, one of the highest attributes and duties of a legislature is to regulate public matters with all public bodies, no less than the community, from time to time, in the manner which the public welfare may appear to demand.
“ It can neither devolve these duties permanently on other [141]*141public bodies, nor permanently suspend or abandon them itself, without being usually regarded as unfaithful, and, indeed, attempting what is wholly beyond its constitutional competency.
“ It is bound, also, to continue to regulate such public matters and bodies, as much as to organize them at first. Where not restrained by some constitutional provision, this power is inherent in its nature, design, and attitude; and the community possess as deep and permanent an interest in such power remaining in and being exercised by the legislature, when the public progress and welfare demand it, as individuals or corporations can, in any instance, possess in restraining it.” East Hartford v. Hartford Bridge Co., 10 How. 511, 533.

• In view of these principles of constitutional law, an Act was passed by the General Assembly in 1887 for the purpose of making this same bridge a free public highway and throwing the burden of its support on the towns which would be especially benefited by such a change. At that time there were three toll-bridges across the Connecticut river in Hartford county. By this Act, which was entitled “ An Act to establish Free Public Highways across the Connecticut River in Hartford County ” (Public Acts of 1887, Chap. 126, p. 746), the State’s Attorney was directed to bring a com-* plaint in the name of the State to the Superior Court for that county, against the corporations owning these bridges, for the purpose of making each of them a .free public highway. Notice of the pendency of the proceeding was to be given to all towns interested, and any town might appear and become a party. Commissioners were to be appointed by the court, who should “ lay out and establish highways across the Connecticut river where the toll bridges in said county now are, and across said bridges and across and along the causeways and approaches appurtenant to and connected therewith.”

The commissioners, after such notice as the court should prescribe as to those towns which they should deem interested, were to “ estimate and assess the damages caused by the lay-out and establishment of such free highways, and [142]*142shall estimate and assess said damages upon the several towns which they shall find will be specially benefited by the lay-out and establishment of said highways, as benefits accruing to said several towns, in such proportion as said commissioners shall find to be equitable.” Their report, if accepted by the court, was to be “final and conclusive "as to all matters therein contained, and said court shall render judgment thereon against said several towns for the amount assessed against them-respectively; and the clerk of said court shall forthwith notify each of said towns of the- judgment against it, by mailing to the clerk thereof a notice specifying the date and amount of such judgment.”

The Act also contained the following provisions:—-

“ See. 5. Said towns so assessed shall, within three months from the rendition of said judgment, deposit with the treasurer of this State the sums so severally assessed against them,- and at the expiration of said three months the comptroller shall draw his order on the treasurer in favor of the several persons or corporations in whose favor damages have been assessed for the amount of damages so assessed respectively, and said treasurer shall hold the amount thereof for the benefit and subject to the order of the several parties in whose favor said orders were drawn, and shall notify said several parties that he so -holds said amounts, and thereupon said highways so laid out as aforesaid shall become and remain public highways. In case any town shall fail to pay the judgment rendered against'it as aforesaid, within the time aforesaid, said court shall order execution upon said' judgment to be issued against said town in favor of the State.”

Each town so assessed was given, by § 6, power to issue bonds to raise the money to pay its assessment.

“ Sec. 7.

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Bluebook (online)
35 A. 24, 68 Conn. 131, 1896 Conn. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-bulkeley-v-williams-conn-1896.