Newell Auditor of the Canal Department in Error Against the People Ex Rel. Phelps in Error.

Summary

The New York Court of Appeals held that the 1851 Act providing for the completion of the Erie Canal enlargement was unconstitutional because it violated the state constitution's provisions on the annual application of canal revenue surpluses and the prohibition on state debt without voter approval. Accordingly, the court reversed the lower court's mandamus and denied the application. Justice 040dissent dissented, arguing the act should be upheld; Justice 040dissent also dissented on contract approval; Justice 030concurrence concurred with the majority.