The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-13
Tho SrrAEEK called him 10 order.
MIR. BURROUGHS appt aled from the decisiOn

The House sustained the decision
Mr.. ITEJoHN desired TO be excused from voting. be
caue he wished to give practical votes and this would
not be one. Not excused
MIR. KENNEDY made the same request as did Mr.. II.
RESOLVED, That IL is expedent to separate the
tracing from the disbursing department that OIL
Ger OF the canals shall make contracts labor s mate
ai ana make payments for the same that the snperin
tendents Of repairs ought make all contracts for and
rela'ing TO repairs subject only to the Canal Commits
soners 10 oiect or fo bid specified repairs be
made to direct the time: the kind Of materials 70 be
used and the kind Of structure required when hey shall
see nj; TO give such directions in writing that all
payments for repairs should at stated periods either by
Canal Commissioner or some person specially appointed
be made directly 10 the persons entitled receive the
same upon the certificates of the superntenent cer
fed by his own oath that Of other person posi-
lively, as to its correctness
Carried by ayes IS, noes 81
Messrs Burroughs, Holey and Iittleohn asked TO be
eScused-he latter on The ground that hi, views to
excused
Mr. r. SMITH asked TO be excused from voting He was
in favor of the principle Of the resolution but the
mee had already been once Instructed On the same sub
iect. Not excused.
Mr.. Woop (whig) of 0nondaga, made tho same re
aueat In scme lects be approved Of the resolution,
in Others not He could not vote without placing him elf
in false POSITION Besides, he cons,derei this mean,
sneakng. petit larceny method OF legislation.
Mr. D. b TAYLOR made the same request; bat while
proceeding was called to order by Mr. oKeefe dem) of
Mr. HoIEY demanded the point Of order to be stated
in writing
Mr. OKErr-Here II il.
Nr BuRRorGHs rose TO point of order Either the
members of the House have rights here they have not
andi was well to understand which. When gentlemen
ask TO be excused from voting they have right to give
their
The CHAIR said person had been called to order I'M
less he had spoLen 10 the main question.
Mr. d. B. TAYLoE said as the resolution contained no
thing, he would vote against it,
suitable penalties against the contraction Of debt liza
biltes the part of the State or by any officer
ing TO net for the State either by the prosecution OF
work on canal contracts after the appropriation hos
been exhausted. under any other color pretcnce
Carried, byayes 61, noes 40.
g. Resolved That is expedient to provide By law FOR
the reduction Of the expense of engineering for the public
works. so that it shall exceed five per cent on the
amount expended exclusive OF repairs.
Carried by ayes 65 noes 80.
Among Others MIR. CASE (dcm) of cnondaga, asked to
be excused. lie could not vote question upon which
he had no information. Not excused
Mr.. CASE declined to vote.
Mr. d. b. TAYLOR hoped tho gentleman would be pun.
his uens would trinmphantls sustain him.
Mr.. WrDIKISp (dem.) of N. Y, hoped the gentleman
in regard to this vote and Mr. w. Felt unwilling to
pei the gentleman to violate his principles
Not excused.
Mr. CIApp, (whig) OF Erie hoped 10 be excused Eng
neering had cost 10 cent the past and If it
be done for per cent then had been stolen from
make this ch arse without proper information '''e
Mr.. LOOMS sad the gentleman was giving reason for
voting in the negative and not ore to be excused.
Mr. CPP desired to know whether the Speaker presided
Herkimer.
MIR. CIArP was happy to hear it.
Mr. r. SMITH said for the fifth time he would ask to be
excused from voting Not granted.
Nr s. then said he had great respect for the Hou &C.
but he also respected himself He declined to vote
The SPEAKER ordered the Sc geant alarms to take M
Smith into custody.
Mr. Woop also asked to be excused He asked the ma
crity act Of animis this law no source Of
justice, to excuse gentleman from voting who had con-
scientious scruplcs on the subjecg
The SPEAKER called Mr.. Wood TO order.
Mr.. FEERs asked to be excused from voting, the
na there Ye IN slGTs 4aS house re-
s.l - D. TsstoR n..de s,iil,r ia ..est IL va. in
favor Of economy everywhere but he had no evidence
| On this subject Not excused.
priatons the canals hereafter to be appl ed excu
siyely in such upon the Erie Canal enlargement
to render it naygabe through is whole length for
boats carrying $50 tons burthen at the e,res possible
period practicable and thereafter to increase its capa
city for ger barges, from time to tiIe in proportion
thercon and upon the Black River and Genesee Valley
Canals in such manner TO bring into each year the
lars EFT amount which tho appropriation will permit
Carried, by ayes GO, noes Il.
Mr.. DrBoIs (whig) of Columbia, excused from vo
Mr. Ln1IEJouy desired 10 be excused Referred.
Mr.. HoIIEY made the request. The resolutions
had been introduced in covert and unprecedented cha
racter, and were swinde upon the iou.c. lie then
| Withdrew his request.
Mr. BrMAN roso to point OF order member of this
House Illegally in custody Of the sergeant aarm',
by direction OF the Speaker The speaker had power
delegated 10 him 10 inlet so severe anu arbirar. pun
ishment member a. to place him under arrest The
revised statutes give this power expressly to the HOUSE
this power He has transccnded his Legitimate autho
rity. lie had taken from the House its right 10 di
| rect the punishment Of member for contumacy.
The SPEAKER decided the point of order not to be vel
taken II was old custom for the Speaker 10 order
member into custody while standing in contempt OF tn,
| House
Mr.. d. b TAYLOR asked whether meraber could b,
held to be in contempt before the House had decided
The SPEAKER decided he could
The question Mr. Beman appeal taken, and the
| decision of the chair sustained
Mr. Temple moved TO reconsider the vote ordering the
previous queson-Ayes 10: noes 81 Lost.
| !. Resolved That in consideration Of the mmunitcs
enjoyed by banks created and secured to them by the
sovereign authority of the State, by which they have.
among other privileges that OF furnishings paper cur
interest for the obligations of others of equal amount
interest and by means of their special privileges they
enabled to realize upon their capital gains beyond
those allowed by law private investments interest
Therefore it IL Just and expeen when the state Ia in
need Of extraordinary means, TO impose special tax
| eeseral tax.
Whereas the State has incurred large debt to facili
tate the sansporao1 Of nnssy g Sand and f" n
which their prosperity has been greatly promoted and
their products increased and whereas ALSO it has grant
ed 10 railroad companies mmunities by Incorporation
and laws by which they enabled largely to participate
in the profits OF such inc eased proucs
and Of in exchange for them and by which
also its 10 pay the of completing the canals
to discharge its debts incurred for their construction
has been diminished by the completion OF such railroads.
therefore .
Received That II is expedent 10 require OF all such
railroads the IaJmcnt OF special tax upon their gross
ca earnngs, in aid Of the canal revenues.
1he resolution divided as to take the question
on taxing banks and railroads separately
Mr.. HoIIEY asked to be excused II the resolution Ia
passed it may be followed by bill requiring maraudng
expedition against portion Of the people OF the State
He withdrew his motion.
Mr.. LnrlIoHS moved Tho request. No oppor
unty had been given TO offer any amendments to the
solution. He then withdrew his motion
Mr. WOOD requested TO be excused He proceeded With
remarks on the resolution, but called 10 order.
The vote being taken taxing banks, was iostby ayes
81. nays So
On taxing railroads the vote ayes ao nays ~.
Mr.. BuRRouGns asked to be excused from voting
Not granted
Mr. CASE did the He supposed he would be COM
PEELED to vote but he wished II Understood that be I'D
not feel committed any proposition by the vos eStoed
from him.
Mr.. ISoAlIs (dem.) Of Washington, male the same
request lie not prepared 10 sanction the proposed
measure