The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-15

Report Of the Assembly Committee in
Favor Of the Repeal Bill.
What Has Become of the Sur
plus Income Of the Road?
The Scene In the Senate at the
Close Of the Debate.

ALBANY, March IA, 1872.
, At last the Erie Classification act Is practically
repealed. The Senate adopted the Southmayd bill,
with the few amendments Incorporated yesterday,
and with additional amendments which were in
corporated tonight. providing that no director
IN the Atlantic ana Great Western shall
ne . director in the Erie Board. This provision
was also inserted by the Senate to show that the
present movement in the interests Of the Erie
stockholders was not designed TO put the road into
the hands Of the Atlantic and Great Western Com.
pany go as TO
INACCURATE A GREAT MONOPOLY.
The Assembly, however, refused to incorporate
that clause, on the ground that the Legislature
should not thus interfere with the freedom OF
American citizens.
The scenes in both houses were exciting dur.
ing the debates, which consumed most OF
the time Of the Senate and Assembly at
their morning and evening sessions. The Hobbies
were crowded and the debate attracted universal
interest 1t was foregone conclusion In the minds
Of al that the bill would finally and speedily pass
both Houses, but few Senators and members
strove to delay its passage After fierce but
unequal fight on the part OF those few Senators and
members who thus undertook to champion the
dead cause Of the late rotten management, they
were finally overwhelmingly defeated. Mr. Madden
was the chief exponent OF the Erie Ring in the Sen.
ate, and Mr.. D. B. Hill assumed the same roe in the
ASSEMBLY. Messrs. Madden and narrower were The
ONLY SENATORS WHO VOTED AGAINST
the E0uthmaYd bill on the question OF its final
passage.
The vote has not yet been taken In the Assembly,
the House having sat until nearly midnight anu
having adjourned before coming to o vote on the
bill az amended 30 as to make 1t corre-
sD0nd with the one adopted In the Senate. The
lower House will pass the bill in the morning and
send 1t back to the Senate for concurrence with
their action in striking ont the amendment with
reference to The Atlantic anA Great Western Rail-
Poad.
on the opening Of the Senate, Mr.. Robinson en-.
aeavored to have the regular order Of business sus
pended on motion to put the Erie bill on its final
passage. This brought Mr.. Madden out, and jump.
ing 70 his feet ne exclaimed, "I wish
to make, statement BY unanimous con.
seH to THIS S for ns never ss
be allowed to go through except by unanimous conl
sent This bill VIII never go through on the 14th o.
order II It brought up as It should be by these
men, who are very courageous now, but who here.
iof0re.
HAVE BEEN MILD AZ LAMBS
then itmay go through, propose to stand on my
years ago, anu prevented the passage Of an in
that Senator Madden keep 10 his promise not 10 be
iacuous when the bill came up In ITS proper order.
When the Senate reassembled IN the evening, after
several uumporians bills mad come up Tor their
special spec f"a subject Of discussion Mr. Robertson
upon its mai passage. Mr Madden at once got up
and moved to amend that section which provided
making the day OF the election the 10Th Of April.
This was voted down. He then moved that no d.
fsssS.s TaE ATLANTIC AND GREAT WESTERN
shall be eligible o director 70 the Erie Railroad
Company, and the amendments vas adopted by 9
os. Hsorsr 'e JoSs.eo &co%sn saasn
Murphy, USnsn. Palmer, Wagner weismann, D. Wood
ssASs-Msssrs Adams. Boxer, Cook, Perry. Robertson,
Mr.. Maiden then endeavored TO substitute the
second Tuesday OF june for the day OF the erection
instead Of the second wednesday Of July. THIS was
ment That at every election Of directors they should
be empowered to adopt the cumulative SYSTEM
otherwise as lney saw fl. The bill was then put
upon its final passage, and was
PASSED BY THE FOLLOWING VOTE
Cook oosis:on Foster sr.s' JOHNSON. Iord fo%ssos,
Iiemann aner, wsismann winsOw. D. p Wood, Wood,
NAYS Narrower and Madden-2
AS soon as the Lieutenant Governor had declared
that the bli was passed. senator RoBERrsoN moved
HAT the rules interfering thcrewi:n be suspended
9embly. or course. Madden did not relish
began taking a. about once the s0;a scoaResy a1a
the matter. He was ruled out or order by the
arose and objected TO the motion. This naturally
Killed 1t, as unanimous consent was required to
81 the sena,ors and lobbyists went down to listen
% the discussion going on In the Assembly
chamber.
THE ASSEMBLY DEBATE.
Mr. ALvORD presented the communication from
the new Erie Board, which was read In the Senate
yesterday. He stated thai In consequence OF the
change OF opinion OF some OF the members OF the
committee the majority report nal really become
could not be offered under the RUE, should now be
presented to the House as the majority s Report than
presented the report alued 10 ~ Mr. Aivord as the
majority report IL will he remembered tnat the
majority Of the a. paSS sas and
that the minority or the committee reported new
DILL accompanied by report or statement contain
have Ueen punished In the HERALD. The report
now presented by Mr.. WhltDccK was prepared when
the members or the committee IN favor
and was Intended to accompany what was
then supposed would be the minority report aud as
snc me S 81 s n WY snoaq ne suos ne
minority report presented ny Mr.. Smyth. 1t
vas originally signed by Mr.. while MIR.
Mr. Lewis, VINO. TN concurring with the report.
recommended the adoption in tue second section OF
clause 70 se enecs at no person should be eg
United States and resident OF the state OF New
York Tne report was, however, subsequently
she last moment by Mr. Smith, and thus became the
majority report This document Is as iOiiows:-
REPORT OF THE CohMlTIEE ON THE BILL
fhe Committee Railroads to whom was referred tina
chapter sls q The Laws ~ 1852 e far relates 70
pany ana the prolongation thereby OF their terms
Of oaoe, and yaca,ins the oaees Of directors of
for fu Board OF Directors OF rnid company and rroyd