14. The plaintiff points to that part of the Comprehensive Plan identified hereinbefore as part of § 8, and says the designation of The Authority as a municipal corporate instrumentality is its answer to any contention that an agency to perform governmental functions and endowed with the attributes of sovereignity was intended.
15. It is true, the Courts of New York have held the State of New York is not a municipal corporation. Armstrong et al. v. State Bank of Mayville et al., 177 App.Div. 265, 165 N.Y.S. 5, affirmed, Armstrong v. Witt, 227 N.Y. 563, 124 N.E. 896; Herkimer Lumber Co. v. State, 196 App.Div. 708, 189 N.Y.S. 119; Osterhoudt v. Stade, 133 App.Div. 83, 117 N.Y.S. 809. It is also true a legislature is presumed to be familiar with the Common Law and Statutes of its own state, ( Ross v. Miller, 115 N.J.L. 61, 178 A. 771), and common words are to be taken in their ordinary significance. Evening Journal Ass'n v. State Board of Assessors, 47 N.J.L. 36, 54 Am.Rep. 114; Storage Co. v. Assessors, 56 N.J.L. 389, 29 A. 160; Hackensack Trust Co. v. City of Hackensack, 116 N.J.L. 343, 184 A. 408; State Board of Examiners v. Plager, 118 N.J.L. 434, 193 A. 698. But, when the defendant relying thereon says, ergo, The Authority is a municipal corporation and not a state agency, performing governmental functions and having the attributes of sovereignity, we must call its attention to the provisions of the Compact and the legislation passed subsequent to the adoption thereof, parts of which are hereinbefore specifically set forth. These detailed restrictions and limitations upon the action of The Port Authority Commissioners make it clear that The Authority is not an autonomous unit of government endowed with powers of self-government.
16. The ordinary significance of the term municipal corporation is a city, town or village which is an incorporation of its inhabitants, governed by elected bodies having local self-government, with power to tax and without the obligation to report its activities directly to the executive branch of government.
17. The authority is not an incorporation of its inhabitants, but a Board of Commissioners appointed by officials elected by the states at large. The persons who inhabit The Port District have no direct right of vote with respect to the activities of The Authority.
18. The complainant, in referring to the Comprehensive Plan, also points out that belt lines, marginal railroads, terminals and warehouses are not governmental functions and if it intends thereby to support its argument that The Authority is a municipal corporation and not a state agency, the absurdity of this position is its best answer.
19. The construction, maintenance and operation of highways, bridges and tunnels is one of the primary governmental functions of the states. Atkin v. Kansas, 191 U.S. 207, 221, 24 S. Ct. 124, 48 L. Ed. 148; Dodge County Com'rs v. Chandler, 96 U.S. 205, 24 L. Ed. 625; Sherman v. United States, 282 U.S. 25, 29, 51 S. Ct. 41, 75 L. Ed. 143. A state may create an agency for the purpose of carrying out a state duty or function. Curtis & Hill Gravel & Sand Co. v. State Highway Comm., 91 N.J.Eq. 421, 111 A. 16; State Highway Comm. v. City of Elizabeth, 102 N.J.Eq. 221, 227, 140 A. 335, affirmed, 103 N.J.Eq. 376, 143 A. 916; New Jersey Interstate Bridge & Tunnel Comm. v. Jersey City, 93 N.J.Eq. 550, 118 A. 264; Miller et al. v. Port Authority et al., New Jersey Supreme Court, Hudson County, 15 A.2d 262, decided November, 1939.
20. The legislatures, in drafting § 8 of the Comprehensive Plan did not use the common and familiar term municipal corporation but the uncommon municipal corporate instrumentality, yet in the same context or framework, they used the word municipality to designate cities, towns and villages, and it seems unlikely, they would ignore the common and known tern municipal corporation and select an uncommon term if they wished to establish a municipal corporation, as the Bank contends. Further therein, pledging the credit of either state is prohibited. This would be totally unnecessary if the complainant's interpretation of municipal corporate instrumentality is accepted, and courts will not interpret a statute in such a manner as to regard parts thereof as surplusage unless no other construction is reasonably possible. West v. Lysle, 302 Pa. 147, 153 A. 131.
21. The New Jersey Supreme Court has said: "It is an established rule in the exposition of statutes that the intention of the Legislature is to be derived from a view of the whole and of every part of the statute, taken and compared together. The real intention, when ascertained, will prevail over the literal sense of terms. * *" Lynch v. City of Long Branch et al., 111 N.J.L. 148, 167 A. 664 at 666.
22. The Port Authority is wholly different from a city, town, village or other civil subdivision of government subject to suit. It is more like the New Jersey State Highway Commission, The Palisades Interstate Park Commission, The New Jersey Board of Tenement House Supervisors and many other state agencies, all of which have been held immune from suit without their consent. Haycock v. Jannarone, 99 N.J.L. 183, 122 A. 805; Stephens v. Commissioners of Palisades Interstate Park, 93 N.J.L. 500, 108 A. 645; Board of Tenement House Supervision v. Schlechter, 83 N.J.L. 88, 83 A. 783; Lodor v. Baker, Arnold & Co., 39 N.J.L. 49; Curtis & Hill, etc. Co. v. State Highway Commission, supra; Nesbitt v. Board of Managers of New Jersey Agricultural Experiment Station, 157 A. 551, 10 N.J.Misc. 19; DeSantis et ux. v. Delaware, L. & W.R. Co. et al., 165 A. 119, 11 N.J.Misc. 22; American Dock, etc., Co. v. Trustees of Public Schools, 35 N.J.Eq. 181; State Highway Commission v. City of Elizabeth, supra; In re Law, 186 A. 528, 14 N.J.Misc. 593; Strobel Steel Construction Co. v. State Highway Commission, 120 N.J.L. 298, 198 A. 774; Miller et al. v. Port Authority et al., supra.
23. The complainant stresses at length the case of Callanan Road Improvement Co. v. Arthur McMullen Co., 253 App.Div. 424, 2 N.Y.S.2d 666; Id., 254 App.Div. 796, 4 N.Y.S.2d 1021; Id., 280 N.Y. 536, 20 N.E.2d 7, but this case is distinguishable.
It deals only with the interpretation of the General Corporation Law of New York State, Consol.Laws, c. 23, and its relation to a strictly local agency created solely by said state. The Albany Port District Commission therein passed upon, has many powers of local government which The Authority does not have. Essential characteristics of a municipal corporation are powers of local government. State, Lydecker, Prosecutor v. Township of Englewood, 41 N.J.L. 154, 12 Vroom 154; Allison v. Corker, Assessor, 67 N.J.L. 596, 52 A. 362, 60 L.R.A. 564; Van Cleve v. Passaic Valley Sewerage Comm., 71 N.J.L. 183, 58 A. 571, reversed on other grounds, 71 N.J.L. 574, 60 A. 214, 108 Am.St.Rep. 754.
24. The Port Authority, a bi-state corporation ( Helvering etc. v. Gerhardt, 304 U.S. 405, 58 S. Ct. 969, 82 L. Ed. 1427), is a joint or common agency of the states of New York and New Jersey. It performs governmental functions which project beyond state lines, and it is immune from suit without its consent. Voorhis et al. v. Cornell Contracting Corp. and Port of New York Authority et al., 170 Misc. 908, 10 N.Y.S.2d 378; LeBeau Piping Corporation v. City of New York and Port of New York Authority et al., 170 Misc. 644, 9 N.Y.S.2d 853; Pink, etc., v. Port of New York Authority et al., Supreme Court, New York County, February 3, 1938; Miller et al. v. Port of New York Authority et al., supra.
The motion to strike the complaint is granted.
An order in accordance herewith should be presented.