New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-21
RAPID TRANSIT.

lHE GOfERNORS BILL In lHc SENAl Il"
THE AMENDMENTS OF WEDNESDAY NIGHT STRICKEN
OUT BY VOTE OF 10 TO 13-orHER AMEND
MENTs ADDED MAKING A CONFERENCE COMMIT
TEE ACKNOWLEDGEMENTS OF THE BILL, AFIFR
SHARP DEBATE, BY A VOTE OF 10 TO ..
(BY TELEGRAPH THE TRIBUSE.l
ALBANY, May 2O.-The Rapid Transit or
Governors bill came up in the senate this morning.
among batch Of other aud less important bills, for
third reading and final disposition As soon az the ute
read Mr. Jacobs moved to recommt the bill to the
Committee Railroads with instructions TO amend by
restoring the first section it came from the Assembly
y striking out the change made on Mr.. Lords motion
last night combining the operation OF the act to the Coun
ties of New-York and Westchester.
Senator johnson was Immediately his feet in opposi
tioo motion. He said that he coud not consent 10
OF its provisions all over the State nor did
he believe that the OF bill who really wanted
rapid would To have it spread all over the
State II there objection constitutional grounds
thought the provisions could be changed to include
only elevated or depressed railways bat, as the
bill would stand with the amendment Of the
Senator from the Third (Mr. Jacobs, 1t would
repeal all the railway legislation OF the last
% years Ii would abrOgae all the guards against rail-
road monopoies the statute books. He thought
If portion OF q city could be excepted county OF a
Senatorial district might also be excepted The Senator
then renewed his fire OF last night an extract from
the opponents OF this bill He admitted that he was
not aware OF any connection the twO but never
theless demanded to know who was intended 70 be I'M
pcaed by the statement, and announced that he was
not awed by intimidation by threats or innuendoes or
ayowed hostility
Mr.. Bradley one OF the ablest constitutional lawyers IN
the Senate, and member of the recent Constitutional
Convention spoke upon the constitutional barriers 70
the bill it had been altered by Mr. Lords amendment
He quoted the clause Section Is Article III, proyld-
ing that the Legislature shall not pass any private or
local bill granting TO any corporation association OF III
dvdua the right lay down railroad tracks, ana SAID
undoubtedly under that provision there was ut least
doubt Of the legality OF any act relating exclusively
10 New York and Westcheser Counties Where capital
be invited participate in any undertaking, any
doubt Of the validity Of the conditions OF that undertake
ing would prove fatal to its Capital would not
invest Millions will have 10 be put into THIS enterprise
by private individuals, and yet II it is true that dis
tingushed lawyer like Charles OConor says this bll IL
constitutional where are the men TO contribute these
millions Bus it is claimed that no Law can be passed
which not include the whole state, the one question
of importance recurs whether may become preudcia to
any portion Of the No pretends that rapid transit
is wanted anywhere but in NewYork but evidently IN
order to obtain the capital Of NcwYork il must be made
general.
Mr. woodin further elaborated the argument OF Mr..
Bradley said the Boards OF Supervisors in counties
nave DISCRETIONARY power tHic "hN "AO NV
bound order "A rapid transit railway merely because
30 taxpayers petition for IT, The necessity OF the road
must be made patent TO them first. But Sen
atOrs cannot expect to perfect RAPID
transit law in sitting when they have not
succeeded in perfccting general railroad law IN
os years. We still tinkerinS at that Inc
fact admitted by the opponents OF the b that there Is
no necessity for rapid transit outside New-YorS City
contains the gist the whole matter IL is needed only
in New York but the failure TO extend the provisions OF
the law over the whole will cast at least doubt
mon its constitutonay which Will defeat the enter
prise should the bill be passed.
Mr. johnson held tina; under this bill surface tracks
could constructed and that far 1t affects every con
stItuency in the State
Mr. Iaung who took no part in the discussion last
night somewhat astonshcd the friends of the bill by
strong and earnest argument upon the constitutional
objections 70 the He said current rumor had
II that the bill eInanated from the Executive Chamber
II So he would say that could have come from no man
in tic state or in NewYork City who knew more about
the wants Of the people upon that subject ana about INC
practCabity and pOrdnce Of measures regdIdin- X
The very fact chat there is Doubt 0f tAc constitutions
atty OF this law viii reach the very nerves of capital
through the press before the measure has been read by
Us and OF the enterprise would be- AZ once
para wed Tie bill II limited a. proposed, IS ended al
ready all others have ended 1t Is rue that TINS meas
ure viii allow Of railroads underground and elevated nut
I
necessary But that should not initiate against IT, II
should be applicable 10 railroads OF whatever style o
structure. Senators need have no fear OF their cOun
ties being cridironed This law in 10 way nteTferes with
the General railroad law The railroads which they fear
may gridlron their counties can be operated
now under that law unimpaircd by any pro-
visions in this, and the provisions for making
this law general simply secure il against ali dolbt-
of constitutional objection IT. main features are
copicd bodily from the General Railroad act and has the
benefit Of IS years Of experience and coming fcom
the CIoyernor-lf il does from the GOyernor-wl
20 Endorsed by the press and having the recon-
mendatOn Of the h authority on tIt SUBJECT III the
state.
senator Lord said that Broadway and Ffthave. were
excepted and part Of Buffalo, and be believed If rho
constitutional objection did not apply 10 these ezceI-
tons It would not apply to a senatorial district
Mr. ParmeDter another OF the profound lawyers Of the
Senate saw nothing in the bill which should occasion
alarm. The state be gridlrOned all over with ra
roads to-day under the general law more easily than
could under this act because there need be- 10 petition
from 80 taxpayers As TO the constitutional objection
that il would become a local law under the amendment
made last night the Court of Appeals has rendered
decision which indirectly confirms that view in the case
reorganization Of the Court OF special Sessions III
the Tax Levy
Mr. Jacobs motion then earned by the following
vote. Republicans in itaic; Democrats in roman.
Bradley, Fox LeserN Ssi4reg
B Be ieeSsr k Ea5s%'s Ecea%Ie
cole. johnson, Lord. Moore
DcEinsSn EnG' Middleton, Trlonp,Oa,,
Wd1ner-l3
The Chairman Of the Railroad Committee at once re-
"A