New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-31
ALBANY.
AFFAIRS AT THE STATE CAPITAL.

THE ABBOTT-MADDEN COSTEsT-P0WER5 w IN"
NETWORK COMMON C0UNCII-MR. SULLIVAN
CAsE-TUE CAPITOL ACKNOWLEDGEMENT
LEGISLATION.
TFRoM THE REGULAR CORRESPONDENT OF THE fEibuShI
ALBANY, Jan. SO-The Madden Abbott case was
called up al the opening of the Senate TINS morning
by Mr.. Cole, who moved the adoption OF the resoiu-
ton awarding to Mr.. Madden the seat from inc A'n
District Mr. Jacobs made motion TO postpone
which was lost-Yeas, 10; Nays. H. MI brauios'
the author of the minority report. then made lew
remarks closing with q motion that the e"so 10
made special order for Tuesday next. Mr. far-
menter seconded the motion and said he proposed 10
consider this case from judicial point OF Wow,
without rerord TO party cOnsdcrat Ous aud desueo
time TO consult authorities.
The majority. having disc0yo ID by the Vo'c
already taken that they were sure o carry the u'S
and award the seat TO Mr.. Madden, had u conS"'''
tioD and concluded TO crafty their Deihooi'"'
friends by yielding the point. Mt oou.n 'no'V
fore moved that the case he postponed TIL luoSuas
ot II a m and that the final vote be taken at
u m. Of the same day. unless the debate should
close before that hour. Tits was carried w'tnou'
oprositioD and the case goes over accordingly
Mr. Day's bill putting the contro OF worh ~ oo
done on Morungsde Drive ana hiFeiSiue am !"
+ho bards Of the Common Council came up for
discussion. Mr. Alvord moved TO amend by IN
strnctipo tbc Park Commissioners to do the work.
He said that it properly belonged TO that Com
mission upder the Charter; and yet II some one
vouId introduce a new charter for Newly 0rk, re-
storing the entire control of the City Government to
the Common Council, according to the old Demo-
cratic principles he would pledge the vote OF the
entire Independent party to winch ne DelohRcu
-rlaughter--in its favor Mr.. Spencer supported
the amendment and Mr. Waolner and
Mr. DAILY opposed it. The latter moved
an amendment that tho Common Couhcl
have the power to direct what Department
should do the work winch. after much discussion,
mainly of a partisan character was UNEXPECTEDLY
carried, much TO the disappointment OF the kepuD-
lican majority, who thought that with the ala Oh
Alvord the Independent member, they were sure 10
carry the day. But the rural Republicans ala not
appear to take that interest 10 the distribution OIL
little patronage in the metropolis that was expected
of them As amended the bill was passed. ana tue
Democratic Board of Assistant Aldermen will natu-
rally insist that the work shall be given TO that de-
partment which will promise them the most patron
age 1t is possible. however that the Senate viii Ie-
fuss TO concur i'll the action of the Assembly.
Mr. Sullivan, the newly -eocted member from tho
XXIst New-Yorl District. did not present himself 10
be sworn in to-day was anticipated, ana the us
cussion of the novel question of law that Is TO arise
in his case therefore, goes over to next week lhe
mint to he made against swearing IN Sullivan is
tbat there was no vacancy existing in the AAlst
District when Gov. Dix ordered the special election
and that the election therefore Illegal Inc case
turns on the question whether Genet was c0hYlc'cu
lin the eye of the law of an Infamous crime, and
therefore became incapable of taking his seat. lie
was never sentenced and it is claimed That. until
10 lfpI
felon because a stay of proceedings might havcbeen
granted, which might have resulted III new trial,
and the new trial might have resulted in his acqt-
tai 1t looks like small hole for Genet TO creep ont
OF. hat the law is full of Just such loGpholes.
A subcommittee of the Ways aud Means Com
mittee of the Assembly has begun an investigation
into the transactions of the Capitol COMMISSIONERS
and invites the assistance OF all persons having com
plants or charges to make against the Commission
or the manner in which they have spent the pubic
money This is little farce that is performed regu-
lary every year. but which has not hitherto brought
TO light ANYTHING worthy of notice for OF against the
Commission. The only thing that is demonstrated
TO a certainty is that the new Capitol absorbs
million dollars of the peopeS money every year ana
makes very slow progress towards the heavens.
The subcommittee were assured at their Iisi
meeting last night that S29OOOOO might suffice
70 carry the walls mp to where the roof ought to be-
and that the building might, by hard work and
unrestricted expenditure. be put i'll condition to
accommodate the two Houses of the Legislature
in 1877. BY that time it will have cost about
$1,000 OO0 and the plan of the building has been so
admirably devised by the architect that the State
can apparently go spending money Tor century
to come without completing the structure
Mr. Bennett introduced a bill to-day providing
that no real estate broker agent shall be entitled
70 demand commissions for the sale of property un-
less he has writ zen authority from the owner to ne
gotiate the SALE and that the percentage Of commits
sions shall be whatever is agreed upon i'll writing
The bill is designed 90 prevent disputes and law
suits constantly arising between brokers and land
lords OH the subject of commissions and is similar to
bills that have already been passed in several States
Mr. Spencer introduced bill making the law of last
wear defining the two degrees OF murder applicable
to cases hereafter to be tried where the murder was
committed under the old law
Mr. Lincoln introduced a joint resolution, which
lies over under the rule, fixing the 18th of April as
the day for the final adjournment of the Legisla-
ture. The Legislature ought, with Speaker like
Mr. Hustled 10 be able 10 complete its work within
the hundred DAYS but there is not much prospect of
its doing so.
Among the new bills introduced in the Senate to-
day. was one by Nj Coe, to settle the uncertainty
now existing with regard to promssory notes, as
affected BY legal holidays. All notes are made
payable by the bill the day after the holiday and
il Sunday interyenes on the following Monday.