New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-03-28


SURPLUS profits additional for restocking and repaving
the road aud appropratng the remainder Of tho prof
it's, if any. to the Central Park, was adopted
Progress was reported. Adjourned.
ASSEMBLY.
BILLS REPORTED.
Amending the act relative to Jurors and the Com
mssio,s of Jurors in Kings County.
RelA..Se to Assessments IN Brooklyn.
The oil incorporating the New-York Medical
College for Women was reported for the cOnsidera.
ton OF the House, and made the special orde- for
tomorrow at II o'clock.
BILLS PASSED.
incorporating tue Proiestan, Episcopal Tract So.
ciety.
Amending the act authorizing double railroad
track between Brooklyn and Newtown.
Mr. Deans Gold BILL by a vote Of Il TO 81.
The motion by which The bill amending the act
INCORPORATING tie United States Trust Company was
lost was reconsideTed, and the bill passed.
Authorizing the Nevada Water Company 10
change its financial office from New-York to Wayne
County.
Authorizing the construction Of q railroad TO, from,
and through Canarse and Grsvesend.
incorporating tho Dry Goods Clerks Early Clos
ing Association OF New-York.
Prohibiting the use Of suspension or chain bridges
a. Ferry Laadiugs. Recess.
EVENING SESSION.
BILLS ISTRoDUcED.
Authorizing Railroad Companies to employ q
Police force; relative 10 persona! properly loaned,
hired and NC rtgaged.
BILLS RTroRTRD.
For tia relief OF the South Brooklyn and Bergen
street Railroad requiring the Brooklyn Central aud
Jamaica Railroad 70 dummy engines.
The Susauahsnns Railroad bill was made tie
special order for Monday evening.
'''" ~ ''''' IIrAyr, March 25, 1903.
TIE BROADWAY RAILROAD BILL.
This BILL regarded by common consent 10 tho
" big thng' Of the eeslion, came up III the Senate
last evening a. tho special order.
There WAS a crow ded and interested audience IN
attendance, and the debate on the bill VIA able and
animated. II opened on an amendment offered by
Mr.. Cannon Of Erie to strike oct AL relating 10 tie
Fifth avenue Since the bill first introduced Il
was an ended 10 IUmiu.teo h., autuVrling ~ 6n-
ty.third street "a double track 20, through, and
along Fifth avenue to Eighty tiHih street" The
bin also contains provision authorizing tao laying
of a double track in place OF Z" the Broadway, Eiith
avenue and Fulton Ferry line Of ofnnibnscs." Tho
motion 10 siriko out wGs defeated, 9 20 -.
The grant Of the p uies Of road called for by
the BILL 1t will be remembered, Is to the grantees
aud their assigns not corporators but by their in.
diyidual names. Mir Folgcr moved that they should
&C, 90 a corporation and not as individuals in carry
ing out this franchife, which was carried fifteen
/ voting in favor, none Ggain3t.
! Mr.. Gansop insisted on this motion tha, there was
no precedent for such extraordinary gslatoa as
grant to individuals Of extensive powers streets
| eIcopt tho gridrOn Of lsb0, which, he trusted no
member Of the Senate would regard as authority.
That he considered u renewal Of such powers 10
others wholly improper on tho part OF tic Lag'e-
lhturC aud he closed earnest speech by saying
II there il any intent 70 DO that it wall be aaifos,
On this vote"
An interesting debate then arose On series Of
amendments 20 that part OF the bill which author
zes the grantees 70 upon the track Of any other
railroad already constructed over any street ill.,
cluded in the present grant. On this question Messs.
| Pruyn, Gans0n, Foger, and Bailey took part in
favor Of the amendments designed TO limit this
power, and Messrs. Angel, Murphy, aud Sanford
in favor Of tue clsusc.
Ia support OF the amendments Il was generally
coutended that this was establishing q new Irnci.
pie, which would subject every other railroad al.
ready in existence in any part OF the State to be In
effect absorbed by lew Get Of parties, and that
Company was safe IN its franchises II such priuc.
pie were esatlishedi that If mile II road could
be thus nsed, the whole of any road might be- far
40 to embrace the New-Y0Ik Central from Albany
10 Buffalo aud great confusion would result hoIn 30
dangerous q principle.
Agains. this it was argued that compensation was
TO be msde and that thoso who enjoyed fran
| chises hold them much subject 10 tho power 10
have them taken for public use Gs those who held
any other description OF property, the only limit
on tho night 10 lake being the duty Of making full
CONFORMATION; thG, only very short lines Of Irack
In the city were Deccftary 10 DO takenthat, for IN
Il
street, on Broaiway, and IL wonld be a convenience
! to the public 10 have only one line TO prevent two
farce.
: few alterations were made in this section, but
its general features retained Mr.. Angel said
In argument that the clause should DC construed
reasonably, thai no such alarming features EXISTED.
ahd that Gov. Morgan had signed the bills Of 1860
containing this feature.
Mr.. Carson said looking at the acts-"I don't
res the signature OF COY. Morgan TO these bills.
/ .iangf
and that they were passed over bis head by IA
rupt q combination ~ ever cyieted. THIS btstemeut
is due 20 Gov Morgan, aud ! VIII add that any adj
yocscy Of this bill tie strength OF those OF 1860
wil prove tins 70 have similar origin and OBJECT.
IL was prophesed at that tine that no such corrupt
measures could ever again pass the Legislature. |
regard this bill OF that class and particularly ia
this feature which enables IL mammoth Corporation
Of - miles Of road 10 swallow mp all smaller ones
a power that Will be exercised II granted"
Mr. Murphy, III oppo6ing the amendments, de-
c ID That he did not intend 10 discuss tho merits o.
tho bill IN considering The question whether or not
there WA power In the .g!Bature to take fran.
clse for public use lie thought that il compensa.
ton made, the power existed, 0Acihe. u was
franchise or land. Such franchise no moro invio-
late than any other species OF property. "Supp0fo
II il necessary for tic convenience Of the public 10
anlhotzo the NE by another Company Of a road
already IN existence 10 the pubic accommodation
10 be defeated because franchise "a already III exist
6nce r.
We have stated the result Of The motion.
Tho last clause Of tho fourth section, which w0e
tho one under dlscusron, provided that All actions
arsiHg under relating 20 his act shall be brought
IN the Su rene Court Of the First Judicial District
This, Oh motion of Mr.. Ganson, was struck cut.
a long debate arose on the motion 10 strike ont
from tho fourth section the following:
shall not be lawful for the Common Council Of said city
or oass Of tbs said railroads ia tie place OF ,uc =, may be
Withdrawn under tho provisions 0 ta act lconfe or
pon any aas to On any pait 81 BIosd"nJ ober Than
Ih9Ie already hcopsed"