The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-27

Third reading OF bills was the order OF business
In the Senate this evening, although there were
only twenty-five Senators present. and IL
was difncult to muster up the usual con-
stitutional vote on many OF the phis'
One of the bills passed under pressure
was that dividing the State anew into
Congressional districts. IL received twenty votes
out of the TWENTY-FIVE Allen and Madden voting
against It and every democrat present voting Tor
It, The bill has yet to pass in the Assembly, where
however, 1t is morally sure Of passing. Among
che bills which failed by Of the lack Of votes
was the Thirty-6fth Street Railroad bill,
which, however, was laid away by the
reconsideration process until more con-
venlent season. Such was the general disposition
to shrk voting, and 50 alarming became the num-
Der OF bills rejected, that Senator Woodin moved to
lay aside the order OF third reading and proceed
TO the next order few moments in general
orders suficed to dispose Of general Tax bill
and the Supply bill was called up fer
o third reading. 1t met with unexpected
obstacles, however, for Tiemann moved to recon-
init 1t for the purpose Of inserting an appropriation
for foundling asylum in New York, which was at
once rejected and James Wood moved to reinsert
the Elmira Reformatory claim of s2oo,0o which
produced somewhat more discussion. The motion
was lost and the bill was passed.
GEORGE FRANCIS TRAIN.
On the reassemblng Of The House this evening
the Speaker presented Q communication frsm
George Francis Tran criticisng the action of Judge
Davis IN his case. On motion OF Mr.. Hustled the
communication was referred to the judiciary
CONSTITUTIONAL. AMENDMENTS.
message was read from the Senate announsing
the nOn-csDCurrence of that body with the Assem-
bly, amendments to the constitutional amendments
and asking. for Conference Committee, which
was ordered and appointed.
ERIE RAILWAY LITIGATION.
Attorney General Barlow. who was called upon
whether the dividend by the Erie Railway Com
psny on fraudulently issued stock could be legally
paid out q the treasury Of the and
strained from paying it. submitted report After
stating the case as charged he says:-"Before such
transaction and the Issuing OF the bonds and
their conversion into ~ stock was illegal,
contempates o bona .ade borrowing OF money
upon. bonds for certain specned purposes and
as a mere means Of increasing the value Of the
bonds; but he says there is difficulty In reaching
remedy: He then proceeds to show that 1T would
stock tainted and which s not. The difficulty, he
says is not In the law OF the case but in the facts,
hesitation in saying that the company cannot
LIGHT y. pay these dividends on such fraudu,
saced Sae STOCK ssn a. can be ssned AND
It with knowledge Of the fraud. But the difficulties
OF PROOF above referred to are SO great that such
Guilty is stated to be in the way OF action concern
ing the over issue Of convertible bonds and though
cal results still, he says he will cheerfully
undertake it II directed by the Legislature.
celled the dividends would amount to the same, as
there is 70 law limiting the dividends which railroad
corporations are allowed to pay to any per Sentage
would exact the same rate OF fare and pay
Increased dividends on the diminished aggregate
OF stock. He closes by saying the only remedy for
such violations Of the law, II 1t can be called
remedy, Is the criminal punishment OF the guilty
officers OF the railroad. and the summary proceed
ings Of q forfeiture OF the charter AID 1t is no
doubt competent for the Legislature TO limit by
law the scales Of fare and freight, and thus efrec
which shall be paid on this stock.
The House went into committee on the bill to
amend the New York charter as to the term Of
office OF aldermen, their number, and regulating
their proceedings; also various other govern
mental regulations. On motion OF Mr.. Hustled the
provision restricting the appointment OF policemen
was stricken out. On motion OF Mr.. Hustled
the amendment transferring the powers OF the
Buildings Was stricken out Mr. Burns moved to
make the salaries OF Justices OF the District Courts
an smenSment nroyiIna for the Election OF Comm.
trolier Of the city in 1873 Mr. r. b. Cornell hoped
the amendment would not prevail The object
the present Comptroller one year. Mr. Smith de.
Tended his amendment saying it was recommended
by the Reform Association. Mr.. A. B. Cornell
moved to amend, 80 as to have the election take
place, II at all, In 1874. Mr.. Smith accepted this
amendment and then it was rejected by the House.
Mr.. Healey moved a. provision. authorizing the
Corporation Counsel to appoint marshal and
designating his duties. Lost. The bill was then
ordered to a third reading
TEMPERANCE ADVOCACY OF THE CIVIL DAMAGE
CLAUSE.
At q meeting or temperance men from various
sections of the State, held here to-day, and pre-
sided over by Edward Crummay OF Poughkeepse,
late Grand Worthy Patriot OF the Grand Division OF
the Sons OF Temperance for Eastern New York. the
following resolution was unanimously adopted
Resolved, That while we heartily approve the civil
damage feature Of Mr. Buckleys bill before the
sembly strongly disapprove OF that other
which, proposing conformity to Governor Dixs recent
veto message constructed give special oppor
tunty and preference to dealers in that being
most freely INDUCED in the most costly, debasng
and runous of all in general USE and which
all KINDS OF liquors, whether licensed not will be
eoid in beer shops and in the of beer and ale will
IN effect the door for the ndiscrimnate traffic in
ardent spirits under socaled lighter
which many persons will favor because of their alleged
harmessness and frankly for ourselves. and be-
lieve that in saying speak the
sentiment of the State, that decidedly prefer
legislation TO legislation ompromising and likely
produce evils without matera lily diminishing old
ones.
WOMAN SHOOTS HER UNCLE.