The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-16
THB STATB CAPITAL.
>~~>~~~>~~~>~->>~>->~-~~~
Final Passage Of the Erie CLASH
Gcasion Repeal Bill.
T'sle Vote ian tine Assembly
"a TO lS.
Cranky Local Statesmen Kicking
Against the Pricks.
Commissioner Van Mort on the Water
Snppsy-Another Elevated Raj.
road Project.
ALBANY, March Is, 1872.

ALBANY, March Is, 1872.
The vexaions controversy about the Erie Rail-
road was Gnally disposed OF by the Legislature to.
day. The Scuthmayd bill, as 1t passed the Senate,
with the amendment providing that director IN
the Atlantic ana Great western Railroad Company
should be eligible as director in the Erie, was ac-
certed by the Assembly and finally adopted by vote
OF 81 to is. The attempt made by Mr.. Hustled, who
was strongly supported by Mr.. Alvord, to strike
ont the clause concerning the Atlantic and Great
Western proved utterly lneireclual Notwithstanding
The efforts made 10 show that upOn technicalty OF
the bill passed in its present state it would be
constitutional.
When the Senate bill was announced MIR. Hustled
Immediately moved that 1t be substituted for the
Assembly bill, which then III its ORDER for third
reading. ir. d. e. Hill inquired If both bills were
precisely the same, and Mr.. Hnsted explained that
the Senate bill contained an amendment forbiddng
directors Of the Atlantic and Great western
Company being also directors In the Erie. Hill
called for the yeas and nays in ORDER lie sald to
show the consistency OF members, as the House had
refused to agree 10 amendment OF That kind last
night; but he was promptly called to order by Mr..
Husted, who said Hill had no Fight TO question the
consistency OF any vote. The Senate Bill was then
substituted for the Assembly BILL by vote OF SO to 10.
MIR. HUSTED's LITTLE GAME.
Subsequently when the order of third reading OF
bills was reached, the Senate bill was soon before
the House again, and Nj. Hustled attempted to have
1t recommtted to the Committee on Railroads,
with instructions to strike out that clause concern.
ing the Atlantic and Great Western Railroad
Company ana report it back to the House
forthwith. His idea in doing so was to make
the bill conform to the decision Of the House last
night upon That point. There was much confusion
at this time. and during the calling OF fhs roll
several members changed their votes from the affir
native to the negative. The vote was evidently
very close. and suppressed excitement prevailed OH
the floor and in the galleries pending the announce
ment bY the Clerk Of the result. This stood 81 in
the Affirmative and 80 in the negative, SO that Mr..
Husted's effort TO send the Senate bill to the Com
miitee on Railroads, with instructions to amend
and report back forthwith, was lost. The vote
stood us foliOws:--
p p Ss m qSn ns
rick HOLSTER hunserford Hustled Hyatt jacobs KHAN,
Ps es kG 9ss sn ssi
BECK White, Whitaker, woodward, Lyman and Yeomans
Brown, Bn:kley Buc, Burns, Campbell, Carroll Chambers
nHSs j. sye @anRe sy f0f nG h
sUr o ShaDS e.
dock Mics Oakley, 0sgood, Paige, Ray, Roche Rose Sage
sqe sS r sy'a snTy woop ~
Dedsen, vcdicr, Wiley Noolaoy--5s.
MI Alvord now came to the rescue, ana immedl-
Ntcly moved 10 reconsider the vote just announced
believed from tue indications lie had seen that
hiaDy OF Tie members had voted under misapprc-
Question they Would not lave voei as they na ae
The amendment IN tho Senate bill, he commended,
was clearly unconstitutional a clause in the
constitution provided that no local or private oil
should embrace, two subjects. even though en-
pressed IN the tIlle "a !nls Erie Railroad Pin as
two separate ana distinct SuDlectS-One relating to
the Erie railroad and its direction, and one relating
to another railroad not mentioned IN The title the
bill. Alvord displayed considerable zeal IN his en-
deavor TO onvtnce the House that the bill would be
UNCONSTITUTIONAL If PASSED
In its present shape, but his efforts neffectual.
lie asserted that the clause was intended only To
embarrass the bil, that It had been inserted IN 1t
concession to the Senator tMr. Ma ldcn) who had
fought so persistcnty to defeat the whole measure.
the ,e w SG"s bill Wonia be S0's
and inoperative unless the SENATE amendment were
assumption; the clause, he said simply stated VINO
should not he directors OF the Erie Railroad Com.
With reference to the Atlantic and Great Western III
InnS0nsytutiSaa,, . Hawkins followed up this
lie said it was simply defensive measure,
ana was Intended to prevent any scheme TO divert
the r6vsnhes OF the Eric TO the Atlantic and Great
western, which was an insolvent company. There
were good lawyers ~ the Henaye, WHO would not
tlolsal measures; only two Senator's had vOed
against the bill with the clause under consideration
in IL; and he was willing to abide by The Judgment
OF the Senate. Niles commended That this clause was
rot more unconstitutional than the provision already
IN the Dill MAT no foreigner should be director OF
Mr.. j. d. Brown took Alvord 10 task for his re-
mark that members hal voted without understand
ing fully the question before the House. AS for hin
self he had voted because he ala understand, and
lie went on TO declare himself
DETERMINED ENEMY or JAY GOULD,
and to speak in favor Of the amendment adopted
by the senate. Mr.. Strahan held that no Court IN
the land would decide this bill to be unconstitu.
embraced but one subject, ana the argument TO the
e}n,rary was very thinly drawn. lie was IN favor
# there was any doubt about the constlintionaity
OF inc bin with this provision IN it he would move,
when the motsn to reconsider was out OF The way,
an amendment that the directors Of no other roads
Thought we were achieving one Of the reform sic
tories OF the day, and he hoped nothing would be
clause would be stricken out In the interest OF re-
form. Mr.. Foley called the attention OF the House
to the tact that the clause In the title IN regard 10
amendment Of the Senate, and therefore the objec.
tons had no force. MI. d. D. Hill thought there was
nothing In this question, but he thought we could
remove all constitutional objections by inserting
provision requiring that no director of the Erie
thus State. Mr.. Fort trusted that the motion to
consiGer would be carried. lie believed the vote
discussion last night the House nad decd ed not to
insert this provision. He insisted that the House
had voted upon the matter last evening. He had
nothing 10 do with
THE CONS rITUTI0NAL PROVISION,
and as business man he felt that the provision
had been put IN TO cmbarrass Tie bill aud
to leap In the dark There were the best OF reasons
for not passing the bill thus amended. There was
provision IN the statute that the directors Of tho
Harlem road should not act as directors OF the Ere
but that and the Central are competing roads,
ana there Is good reason why the directors
should not be intermingled with the Erie.
But IN the case OF the Atlantic and Great
Western road, which Is connected with the
Erie In Its great lines to the West, there IS no
reason why the directors should not nave an In
terest In the affairs OF lis connecting road Mr. ID.
Il. Hill called attention to the fact that the bill al
ready mentioned these roads, and certainly 1t could
not invalidate the bill by mentioning another one
the Atlantic and Great western. There Is, ne
said, nothing IN this matter, and he hoped
u would be settled by adopting the amendment he
further debate out of order and the motion to re-
consider was lost by vote OF A TO 65. Mr.. jacobs
then moved that the bill be placed upon ITS final