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

was a provision in the bill protect the rights OF ceT
con panes and this swept away all these guards.
Mr. McGowan moved TO amend by striking gu. 'no
clause whose railroads shall have been partially or
wholly constructed"
Pending the discussion upon this the Senate took
recess until 7:30 p
In the evening" the amendment OF Mr. Lahihg' as
amended by Mr.. McGowan, was agreed to by vote Ok
II to 10 The Senators just coming into the Cna-
ber and had no knowledge whatever OF the intention OF
the amendment, and Mr. Wood4n in demanding recon-
sderaton said he knew of several Senator'S about
his neighborhood who voted Yes at q venture while
inquiring wildly what it all about Lie
then made another argument Tor "Hoiesoho
and unburdened bill, claiming that under tne ahenueiU
Laning the Gilbert Elevated Railroad among
Others will be practically abandoned unless the CON-
pany s permitted to proceed o change OF plan Inc
amendment made last night 10 the Thrtysixth Section
protected the rights of this Company but the Original
plan can never made available 1t Is said that Dr.
Gilbert is be paid royalty by the Gilbert Elevated
Company when they erect road according to his plan
but they will do that, and therefore the private
rights Of Dr. Gilbert be affected by this amend
ment.
Mr. Madden sharply denounced the Woodin Amendment
and said that it would have the effect to give INTO the
hands "a company the result Of the brainwork OF Dr.
Gilbert leaving him after tho work Of years with no
more return for his fework than Columbus received
after discovering a continent.
Mr. Lanng had the Clerk read his amendment and
that added the Thirtysxth Section last night by Mr.
Woodln, and defined the points OF difference
between them The statute-boos, he said were filed
with laws creating paper railroads; franchises securcA
not to build but to prevent building, and which are now
held not 20 much to keep to sell. The amendment he
proposed was to say to all who would operate under this
law Keep your hands of railroads already con-
str,icted;" but it is not toUtake care OF rail-
road franchises which are carried around IN
the pockets Of who never intended 10
build upon them The Legislature should care nothing
for them. The amendment eAempts every railroad In
the State which has been partly or wholly constructed
but il does not affect roads which exist only In paper
charters They affected by the amendments made by
the sentaor from the XVIII District last night IL IL
is intended he sad to kill rapid transit by amendments
IL may as well be done now.
Mr. Johnson said the good faith OF the State IA pledged
by every act granting franchise TO an Incorporated
company and the sweeping repeal OF all those rights
advocated by this Amendment acts OF injustice to the
men who have recevedthem and put their faith IN our
promises BY this act all other corporations except the
one 70 be created under IL, are TO DO warned
TO keep hands or Capital may have already
been secnred and arrangements may have already been
entered into the beginning Of one OF the important
railroads chartered under previous legislatures but m
comes this amendment OF the senator Of the XXVth, by
which the Commissioners have the power to change the
plans and style OF structure and this power rob from the
one whose brain originated 1t all the results OF bus aDor
Mr. Jacobs asked that rule be adopted that no speech
shall occupy more than FIVE minutes and that Senator'S
shall not speak than twice on any one question.
Mr. Johnson sharply objected. Mr.. Jacobs, continuing
said The intention is 10 defeat the bill by delay; to
lumber 1t down by amendments meant TO defeat IT, ana
for that purpose there objections TO hyeminute
rule when the last OF session at hand lie
mean. his statements for the public ear de meant 10
say that there here who aimed to defeat this
bill; bu; il they did defeat 1t they should be compelled 10
show their hands
Mr. Madden here 10 reply, when MI Jacobs de-
manded the enforcement OF the Fourteenth Rule that no
one should speak twice upon the subject; but in
the midst Of rappng Of the gavel Mr. Madden sue
ceeded in SAYING he could be forced down that he
would not be coyyed by the crack Of the WHIP, second
hand rom the Executive chamber
Mr. Ray thought that franchises which had been nom
estly acquired shout Aold good. He denied FOR himself
the statement that improper influences had been Used
Mr. Woodln then made another argument, INSISTING
that il was an abuse OF the hts Of the people 20 stay
here discussing the subject forever he wished hat no
more should be said about being the Governors bill
II made no difference hose 1t was nor where II came
from. The senator from the XXvIIIh took umbrage,
he said at everything which from that personal
and political enemy of MIS- and usually believed that
some hi,,len reference was made TO himself IN every
utterance from the Governors mouth.
Nr Jacobs said he had heard, last night and to-day,
attacks upon the Governor which he would Lave hard
expected from the senators who mad made them
and it was astonishing thing to him that ever since
the issuance of certain message every one support
ing the measures supposed TO be advocated
BY the Governor charged with wearing
his collar He hoped he should only
collar If ne ALL on which was inscribed the
word Honesty" The only charge which any one has
made upon the Governor is that he has made war on
frauds and in the interest of honest government; anu
when the Governor does that and attacks the coronts
who have the public treasury-some OF them men
who are irving to defeat this bill-he VIII be up
held by the people He Ghe spealerl had
not always been friendly to the Governor He
had opposed his nomination, but he would
stand by him in this for right, not only upon this
bill but upon a bill yet come. Every one knows that
the amendments hurled at bill intended defeat
rapid transit. The Senator from the Xth Sir Madden
who kept floor given only by the Kindness Of the
Senate Tor hour, admits that he intended 10 kill
il, but If this bill il killed, 1t must be killed in open light
and every voting against must 20 upon the record
that the danning list may be seen Of every eye.
The vote was then recOnsdered By vote Of u 10 II,
AMI Mr. Lanning amended his amendment so as TO ex-
cept elevated railroads and add that the provisions shall
not apply to any company organized 10 construct rail-
road outside of New-York City. The amendment was
agreed to by the following vote:
YEAs-Messrs. Dayton Dickinson Dow Fox Gross Jacobs
Ro5ertson selkTeg, Tobey Wagner, welmann Wool anu
WoOdin-i9. . ~ ri, -, ,,,,.
Moore Parmenter, and Ray-lO.
Mr. Madden offered an amendment that provisions
of the present act should be construed to alter impair
any right acquired under law in force at the time Of
the passage OF the act agreed By Yeas 10
Nays, 49,
Another amendment offered by Mr. Madden, 70 the
effect that road could be built where
exists defeated, only five senators vyting for II.
hMr Jacobs offered amendment a new section.
that nothing in the bill should be construed to allow Of
railroad NicholaSave, any OF the boulevards Of
the city, which was accepted by unanimous consent
Mr. Gross offered resolution that all the amendments
the Senate be stricken out except those relating
to the rights other franchises Madden aud Laning
amenlmenfsl and the amendment relating the bOue-