
    The People of the State of New York ex rel. Nassau Electric Railroad Company, Appellant, v. Erastus C. Knight, as Comptroller of the State of New York, Respondent.
    
      People ex rel. Nassau El. R. R. Go. v. Knight, 85 App. Div. 623, affirmed.
    (Argued March 14, 1904;
    decided March 29, 1904.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered August 5, 1903, which affirmed a determination of the defendant assessing a franchise tax upon the relator.
    
      Charles A. Collin for appellant.
    
      John Cunneen, Attorney-General (William H. Wood on the brief), for respondent. ' ■
   Order affirmed, with costs; no opinion.

Concur: Parker, Ch. J., Haight, Martin, Cullen and Werner, JJ. Dissenting: Gray and O’Brien, JJ.  