The New York herald., 1870-01-26
Legislative Powers of the
Assembly.
Passage OF tho Bill to Increase the Sala-
ries OF Clerks or the State
Departments.
The Fifth Avenue Pavement
Nuisance.
Mew market for tho Thirteenth
Ward.
Albany. Ian. rs. 1870.

ALBANY, Jan. rs, 1870.
RICH DEBATE ON LEGISLATIVE POWERS.
The usual dulness OF the routine work In the As.
sembly Chamber quite Unexpectedly enlivened
to-day by most animated debate upon bill intro
duccd by Mr.. NJ G. Murphy 70 incorporate the Oriole
Club, OF the city OF New York. Now the Oriole
Club az FAR l know Is not nor Is probably likely
to be q very important institution; but the question
raised as to the mode OF Its creation was purely
legal and constitutional one. 1t the old subject
OF special legislation over again, but 1t assumed a
new form this time, the objection being based upon
old statute OF 1922 which Thomas q. Fields quoted
70 show that no society can be Incorporated until
notice has been published In certain newspapers
He argued. therefore, thar the Legislature had no
power under this law 10 incorporate any
society unless this provision was complied
with. Mr.. Littleohn Indignantly denied the
proposition. The present Legislature was not bound
by the previous action OF any other Legislature.
They were sent here by the people to make laws and
no statute could prevent them from sooeyng the
people. They did not come here to sit Idle for q
hundred days but to legslate for the State. He
sustained his position by showing from the consttu
tion that both houses had the power TO originate
bills, and the only way they could decide whether
society could be incorporated under the general law
or by special law was by expressing their opinion
upon II, ana that could only be done by legislation.
Ar. Avord debated the question on the same side
with great force. SO did Mr.. Murphy OF Albany.
Jacobs, OF Brooklyn COMMENDED that the statute
directory only to inc associations applying for
charter and dd not affect the action OF the Legsa
lure. John IL. White took part In the discussion,
assuming rather neutral ground between Fields and
IAttiejohn. For time 1t looked as If Fields
would be cornered between these profound de-
baters, but he fought his battle maniully until
the Speaker decided tnat he was not IN order, and
ruled that the Assembly. being part OF the Legisar
mating therein. MIR. jacobs appealed FROM the de-
csion OF the chair; but upon vote being taken,
the Speaker sustained by a large VOTE MUIR
phys bill was then referred TO the Committee on
Charitable Institutions.
PASSAGE OF TILE BILL TO INCREASE SALARIES.
The action OF the Assembly on saturday repeating
the law for the increase OF the salaries Of the state
consideration OF the vote because, as he explained
members oId not understand that 1t an old Dill
which had been passed IN 1862 when the nccessaries
OF life were very nigh, and mad been passed again
and again by succeeding Legislatures 1t was not o
the clerks. The members accepted tns explanaIion
and reconsidered the vote 10 the tune or 70 10 20
and afterwards passed the law by vote Of 80 TO 23
MARKETS.
Mr.. Campbell introduced a oil to-day for the erec-
ton OF new market on the East river front, IN the
lot between Broome aud Delaney East and Iomp
kns streets, in the Thirteenth ward OF New York.
THIS lot Is now occupied partly as an Old lumber
yard, which Is in most filthy condition. Tne pier
fronting the lot Is used by oyster boats and IL
neither useful heathfu ornamental tv the neigh
bornood. In this connection l may say that Alex.
ali the markets in New York through ms Manhattan
Market bill introduced yesterday He says that is
II only intended for the markets IN his own district.
must say however, that the bill aoes not read 70,
but rather the other wa ~ there IL no reference in
RA1LkoAD GoRrsAaE BONDS
Mr. Killian provides . Dill which viii be found
and other securities. 1t compels the companies to
register In book kept for that purpose all such
vide against accident BY loss or theft OF the org-
nas. IL also provides tnat duplicates shall De issued
upon proof OF such loss.
ANIMATED DEBATE IN THE ASSEMBLY ON THE FREE
TRADE RESOLUTIONS.
The discussion at the evening session OF the As
mittee nstructing representatives In Congress to
advocate the abolition or duty upon sugar. tea, col
was the the nearest approach e debate o the session
msss isnp MuRsy Maoe Of me aO1na aid1 a
nan. Bergen, Husted-bOth OF the latter OF
whom were very humorous. and Hustled very
offered a substitute for the resolutions, embracing
the a0crine oil free trade generally Upon this sub
slltute the debate hinged. Nj. l.. d. Herman made
q most brilliant speech, full Of argument. well sus-
tanned by Statistics and delivered In q manner
which looks TO iuture. If not present reputation
as one or the best speakers on the moor. The
subject brought out the strength OF the House
IN very respectable shape although there
was q good deal OF unnecessary talk and
infinite display OF iun and good hunor. Mr. Jacobs
having Withdrawn the substitute the question now
being on the adoption OF the minority report Of Mr..
Av0rd, 1t was rejected by vote OF 65 to 81. The
majority report In favor OF aDoshing the duties on
the necess ares OF life mentioned therein was then
passed by a majority OF twenty-three and at ten
O'Clock the House adjourned. Congress Will OF
course not pay the least attention to the action OF
the Legislature but will make Its own tarn laws to
suit Itself
MURDER TRIALS
Senator Murphy introduced q bill to-day prOvd-
ing for an amendmen. OF existing laws by providing
that killing unless 1t be murder in the first degree
or manslaughter, or excusabe or lnatinable homl-
eide a. hereinafter provided OF when ~ perpetratea
gagged In the commission OF felony, shall be mur-
der In the second degree; and in any case Of muir
circumstances attending the crime do not, in the
opinion Of the jury, Justify punishment BY death,
TUE CANAL CONTRACT SYSTEM.
meeting was held al Congress Han to-day by the
State Central Committee Of the Commercial Union,
nnder whose auspices the State Canal Convention
Of last wednesday at Rochester w was & held: l., the
Cpnvention TO draft bill to provide for the abo-
lton Of the contract system Of repairing the canals
the annulling OF outstanding contracts, the reduc-
non OF tolls the thorough repair OF the canals by
the Canal Board and Canal Commissioners and the
upon and are being prepared. The committee nave
also applied to tine Canal Beard to be heard on the
reduction OF tolls
The Argus has rumor tnat the two canal ap.
prasers just removed from ONCE had decided WITH
out argument the Black rlver claims, amounting 10
snreefOurths OF million OF dollars. Canal APP
praiser Brooks, 1t is said, knew nothing Of their
Tne reported nnding of the body Of Mr. Robert
Harper iS unfounded.
Convention of Worixinsmen.
ALBANY, Jan. Is, 1870.
The workingmen's Annual Convention, now
In session at Ironmongers' Hail. In State street,
naturally attracts much attention here. The hard
listed men are In the capital In large numbers, ana
they are nrm-mlnded men as well as hard handed,
rs any one can see VINO looks at them. fhe
business OF the Convention last year did
not result very successfully III legislation.
the same ground IL 10 be gone over now.