The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-05
Presence of a Lobby to secure
the Seat for Madden.
ABBOTT DEPRIVED OF HIS SEAT.
Bergh's New Cruelty Bill-The Latest Scheme
for Rapid Transit-Bill to Protect Italian
Children - Compliment to Thurlow
Weed-The Pneumatic Transit
Company Health officer
OF New York.
ALBANY, Feb. 4, 1874,

ItM1y be that the reputation OF this place for
all sorts OF corrupt and eccentric methods OF legs
lation has Danlshed any curiosity IN the extraor-
binary attempt now being made to give the seat
n the Senate for the Tenth district, now
Oiled by Mr. Frank Abbott, to the notorious Mad
den. The debate in the Senate has developed
nothing beyond the TACT that the case presented
by Abbott is to all unprejudiced minds unassai-
able. senator WOodin, who leads the assault on
AboOtts position, spoke to-day for over
en- hour, and, using as his pivotal point the
argument that the law was violated by the county
canvassers in rejecting the returns OF the Second
election district in Forestburg, grouped together
series OF citations to justify the surrender OF the
seat to Mr.. Madden. Senator Ganson, OF whom
the Senate so Iar has heard little, replied TO Mr..
wOodIn, as did also Senator Johnson, and, though
they spoke with more feeling and vehemence than
ordinary questions might appear to demand, they
were persuasive to sufficient degree to alter the
sentiment and the predictions OF many who stood
outside the railing IN the capacity OF listeners.
lew days ago the general opinion seemed to be that
e. Madden would get the seat. The fact was the case
had obtained no ton, no investlgation into
It's real merits Now, however that IT Is being
more July ventilated and the iniamy OF deprlvlng
this man Abbott OF his seat becomes SO
apparent, the current OF feeling as lar as
it is unlnfuenced by politics or self
hamperea limits of the Capitol turns in favor OF
the democratic member. Mr.. Madden's case must
rest on q rotten foundation when it becomes neces-
sary that lobby should be brought here from New
York city to push him through. 1t looks suspi-
ciOus when George Van Mort, sheridan Shook,
Dan Conover and Hank Smith present themselves
here at this particular moment The lobby
lists whose schemes IN the railroad line Mr..
Madden cnampioned last year in the Senate were
also on hand, and the necessity seemed very ur-
gent with all these people that Mr. Madden, at all
hazards, should be put IN the place OF MIR. Abbott.
There happens to De another case just now on the
point Of trial-that OF Yeomans VS.. Thompson.
The latter is a republican and holds the seat for
the Twenty.third district. He was elected by
votes OF fourteen persons who fell into
the simple informally or writing their ballots and
neglectlng to add the distinctive afx OF "Jr" after
the name OF their candidate. Justice OF course,
would award the seat to Mr. Yeomans, the demo
crat, and it is in the programme OF a sapient re-
publican policy to do so, provided Mr. Madden is
installed in Abbott's seat IL viii look well In the
papers to slaughter republican in return for
democrat. 1t Will look impartial and disinterested.
The republican majority must at any risk
be preserved, even u 1t be necessary to go
Mr.. Pinckney repubhcan) IS properly entitled 10
the seat OF Mr.. Moore, the democratic Senator from
that righuully belongs to him, Will be supposed TO
act as seton TO the wrong perpetrated In the
deposition OF Mr.. Abbott.
THE CASE
Is very simple, and may be stated again in a few
lines The county canvassers refused TO receive
the returns Of sullivan county, because on their
lace they were forgery, and the figures were so
plainly altered that anybody could detect the
fraud. The champions OF Mr. Madden in the senate
and In the local press contend that IN refusing to
receive the returns whether regular or otherwise,
they violated the law and consequently Abbott
was not entitled to the beneht OF their action.
The true meaning OF the course OF the county
canvassers was that they felt SO thoroughly
convinced that the returns were tempered with,
they instinctvely declined to have anything TO do
with them. 1t is so plain that he who runs may
ND no pf Ia car IN takQ
returns, II violation OF the letter, was in abso-
lutte harmony with the spirit oil the law. Senator
side pressure that was being brought TO bear
the republican part OF the Senate TO vote In Mad
whose representatives were within hear.
Ing =. OF his voice, and who wanted
usefulness IN his previous career as senator. The
debate went over TO an evening session at hall
past seven.
BERGH'S NEW BILL
Mr.. Wagstan'S bill relating to animals passed
the Assembly to-day. 1t provides that every per-
son who shall set on foot, or instigate or move to-
or carry on, or promote, or engage In do any act
toward the furtherance OF any act oil cruelty To
any animal shall be guilty OF misdemeanor;
that all agents or the American Society for the
Prevention Cruelty to Animals shall have all the
powers now conferred upon them by law. and that
any person who shall falsely represent or personate
an oftcer, agen. or member Of the society shall
also be guilty OF misdemeanor.
The third section provides that any oflcer or
agent or member OF the society may lawfully in
terfere 10 prevent the preparation OF any act of
any person who interferes with or obstructs any
such officer, agent or member In the discharge OF
his duty shall De amenabe to punishment by law.
RELIEF FOR AN ENGLISHMAN
Tne Dill for the relief or MilburD, the young
Englshman, not yet naturalized, who wants to
distinguish himself as a lawyer In the American
courts, has at last passed the lower house, after
having suffered an Overwhelming defeat a few days
ago. The vote by which the bill was passed was 70
MERCHANTS oUARRELs.
Mr: Prince introduced bill to-day which
Tn bna r6 nj
bitratlon to settle disputes arising between mer
chants belonging to the Board of Trade.
1t provides that, after the passage of the act,
al the legal powers conferred upon the Chamber
Oi Commerce OF the State OF New York may be
exercised by arbitration. The arbitrator is to be
appointed by the Governor who may also appoint
~ the aroitrators clerk such person as tue Cham
Der OF Commerce may elect.
RAPID TRANSIT.
MI. Eastman introduced the following bill in the
Assembly to-day
Az ACT to provide the city and county New
rapid transit Tor passengers freight and service
The Ps9Ple 81 'ne stat 9 New in
SECTION The Aye eommisoner TO be APPOINTED
tiy as provided act furnish the city and county
OF New 9ss e TaRd 1ns S
the Harem River. and shall be denominaed and Anown
Rapid Transit Commissioners OF the city and county
ss 2he said mis- p a ha Be appointed
Governor is hereby authorized and directed appoint
New sRd 70
thorzed and directed to appoint two OF said commits,
SAID oS fsao% shall be ed ocss
OF the Secretary Of State and the Clerk OF the
city and New York before the said Ist day
o July 1874 the said commissioners snail enter upon
s pes snd psnn o. their oces ' a the
xerm Of nye years therefrom; within the twenty days
neAt preceding the termination OF the term OF once
IS above provided three commissloners shall
De appointed as the successors OF the I'VE
above provided ior-one by the Governor, one by
the Mayor OF the city OF New York, and by the !
Joo2es o. te supreme Court of the First Judicial dis
trEsv,p9 snai nod Their Offices for the term of five
years ana the certificates OF their appointment snail be
died as aforesaid ana Their shall afterwards
De appointed Ior IKE term and in similar
Before entering upon the duties
missioner and his successors shall take and snbscrbe
official oath which shah be fed Az once in The oece
OF the secretary q state and the Clerk OF TIE city
no the people Of the state Of New York In The
penal surn Of Soo,00 with two or more sure.
.les, 10 he approved Of By Of the Judgss ~
supreme Court OF the fret Judicial district and to
be filed In the office of the Clerk city and
comfy OF New York conditioned TOR the taithfui per
anoe OF the duties required OF them by this act ANY
of said comfnissi0ners be removed Cor as.
any time by the same officer officers who made the