New-York tribune., 1867-08-17

tltt III bnOulO so continue.
Mr. ALvORD (Sep., OnOndagD was opposed to the
amendment of the gentleman from Jefferson O}oD Its
the LEGISLATURE may pass parts and parcels of the Con
@ ~ may De We'll enough to express the right to
Mr. BEADI.E Rep. Chemune said the trouble had
Deeh that you could drive railroad and all appur-
tenances through the constitutional enactment The
the last legislature they had grown to thousand in
number This should be prevented by forbidding the
laws TINS was fruitful of corruption. lie
reached from Dan to Beersheba. When he considered
the temptations that surrounded Legislature here
rather wondered at the suits they escaped than at those
Mr. KRUI (Rep, schoharie) held that general laws
stance, there provision that railroad should
rails weighing less than Sc pounds to the lnea yard
lighter rail- In his time they had built railroad hve
miles in length of lighter materials running lighter en-
gno than usual and charging 25c for fares against the
usual allowance of l0c Had 1t not been Tor special en-
actnen they could not have Afforded 20 oua Ine
Mr.. Bell withdrew his amendment, and the amend
ment Of Mr. Ballard was adopted r.ooa with chi.
Mr.. SEYMOUR Dem, Rensseear) agreed with thls
view The gant foresight and the greatest eXpe-
rience in business cannot enable men to meet all fuuo
contingencies 1t will objected that any exception
made TO general laws practically brings the Whoio matter
back into the power of the Legislature. But they are
called upon to meet question to how far the egis
lature may be trusted in matters of exensOn nOdca
ton and restriction of general laws They Will not dare
to lay down the rule that Legislature III the future VIII
be honest and intelligent enough TO be trusted in tins
matter To dstrNs the representative Is to dstrust the
people, and this acknowledges our government to be a
failure. They regulate the law that the Legsla
ture may do justice to corporations ana copOratOs III all
Mr.. SEYMOUR Dem, Rensselaer, moved to pmend by
striking out the words amended" in the second Hne
Mr.. BEADLE Rep, ChemuDg) moved 10 amend by III
sertng or their powers increased or diminished"
Mr.. OPDYKE CRep.. N. W held that if the Legislature
given power 10 amend general laws, the gate was
thrown open TO every species of corruption He would
allow the Legislature to amend provided these amend
ments within the limits purview of general laws
He believed that If the general law found insufficient
for all purposes better to amend that general law
He should oppose tho amendment allowing changes to be
made IN corporations formed under general laws.
Mr.. SEYMOUR Dem. Rensselaer, said that the amend
ment Of the gentleman from Chemung would nulfy the
such provision as was suggested by the gentleman
NewY0rk Opdyke and hoped it would be added to the
be formed for certain purpose and then permitting
them to change their objects and Interests
II had been for 20 years past Legal gentlemen would
poratons. H~preferred the amendment Of the gentle
man from Chemung (Beadle)
The question being taken upon the amendment offered
by Mr.. Beade, IL carried by count CT 6l To 80.
motion TO reconsider defeated The amendment OF
Mr.. Seymour as amended was adopted.
Mr.. A. J. PARKER Dem, Albanyl said that the Com
mittee OF the Whole had now provided for corporations
bo changed order change their status He pro-
posed 70 offer amendme touching municipal corpora
lions The files of the Legislature were ed with enact
ments concerning village corporations often extending
20 or ~ ou R he oycPSd bT @ m %
Mr.. RATHBUN Dem, Cayugal rose TO point OF order
that the consideration OF TINS matter dd not properly De
long TO the Comintee-municpal corporations being ex-
cepted.
The CHAIR sustained the point or order.
Mr.. ALYORD (Rep., onondagD moved to strike out
except for municipal purposes and insert except as
for double purpose. First because this Committee
had decided that they had nothing now to do with mu-
decide that the Legislature had power to legisate at
pleasure upon municipal matters.
The question being taken upon the amendment OF Mr.
Alvord, it was adopted by vote OF SS to 49,
r FOLGEK (tep' Ohtarlol moved TO strlke our IN he
passed" Mr. FOlger said this provision gave the Logs
fature power to repeal not only own acts the
acts OF former Legislatures which had been intended TO
remain unalterable. The Manhattan Bank was In
point This goes back Of the Constitution Of 1876 to the
beginning of State Government He doubted whether
tins power shoqld be given
Mr.. PAIGE CDem, Schenectady held that the section
as 1t stood now would not affect vested nights.
MIR ANDREWS rep, Onondaga) moved to amend by
inserting after the word ALL" in third line, the word
such, and after tho word passed" in fifth line the
words " relating TO corporations"
Mr. POND moved 20 add except for municipal pur-
MIR EvARTs CRep., New-York) said one could doubt
general law Of this State passed by the Legislature
subject 20 amendment and repeal II corporations are
protected by Courts the Constitution Of the United
States this last sentence will not save them lie thought
be formed under the general laws OF the state they would
may he repeaied or altered Ali general laws may be
altered amended would be better TO strike out the
read that all such laws may be altered from time to
MT KEENAN, Dem. oneda) remarked that in Ohio
years ago there was general banking law passed
Under this law bank was formed subsequently the law
was changed, and the statue OF the bank.
The question taken upon the amendments OF Messs
Andrews
Mr. BURRILL Dem, NJ " moved TO amend by strik-
ing out words except for municipal purposes, and
adding to the section THIS section shall not apply to
Mr. kUMsEY ReP, stenbe9l was opposed to this
amendment because Il would take away from the Legs
lsture all power over municipalities except the naked
Mr.. EVARTs GRep', York. hoped the amendment
would prevail. 1t simply made the phraseoogy correct,
and did not affect legislative action, as was feared
The amendment was carried by "A vote OF 65 10 a.
Mr. A j. Parker CDem., Albany moved TO amend
that no consolidation OF existing railroad corporations or
exist. shall be authorized where the
aggregate capital shau exceed sl6OOOGJl hf tatket
said he felt absolutely necessary 10 make the matter O
OF constitutional prohibition else there much 10
fear that by impure influence brought 20 bear upon the
Legislature, combinations may be formed such as VIII
create power so gigantic as TO oYeIshadow the power
and strength OF the state Itself
rpent instancing the railroad history OF NewJersey
lesson that ought not to be lost on this Convention
Mr. JAMES BROOKS dem, New-YOrD opposed
TO the amendment he believed that IN thus committing
ourselves irreyoca6y to such principle nothing could
he more detrimental 10 the commercial interests not only
OF the CtyOf NewYork but Of the whole state We now
have powerful rivals for the trade OF the West and We
cannot help the cities Of Baltimore and Philadelphia, and
the railroads tributary 10 them more than by hamperng
our capital, while theirs remains free TO consolidate
the Convention to medde with. 1t Is properly subject
for the Legislature 10 upon, and one that should
Mr. LANDON Rep., Schenectady thought it might DC
necessary to create healthy competition to meet the
great corporations already In power The proposed
Amendment dangerous.
Mr. SEYMOUR Dem., Rensselaer) took similar view.
They had much 20 fear from railroad competition not
only from other States but from the efforts OF the British
provinces the North OF the State If the gentlemen
trado this State 10 others they would vote for
such amendment The capital Of the New York Central
repairs aud improvements sOOOOO0O; and the Erie had
exceeded the amount here proposed They should trust
the Legislature in this matter they had trusted them
heretofore They should be allowed to concentrate their
capital up TO sOooOW to maintain the honor OF the
Mr. ALVoRD Rep Onondaga) said that as the law
stood If yOu permit tho railroads 70 consolidate