
    The People of the State of New York ex rel. Brooklyn Union Elevated Railroad Company, Appellant, v. Erastus C. Knight, as Comptroller of the State of New York, Respondent.
    
      People ex rel. Brooklyn Union El. B. B. Go. v. Knight, 85 App. Div. 628, 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. Collwi for appellant.
    
      John Cunneen, Attorney-General (William H. Wood on the brief), for respondent.
   Order affirmed, with costs; no opinion.

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