New-York tribune., 1875-02-04
ALBANY.

LEGISLATION FOR NEW-YORK CITY.
THE DEFEAT OF THE ToMPKINs-sQUARE BILL NOT
THE Result OF CAUCUS ACTIoN-No CHANGES
TO BE PERMITTED IN THE DEPARTMENTS OF
iNEwYORK CITY WHICH WILL AFFECT REPUBIL-
CAN oFFIcE-HoLDERs.
iBY TELEGRAPH TO THE TRIBUNEl
ALBANY, Feb 8.-The defeat OF the Tompkins-
square bill. which was lost in the Senate to-day by
party vote gave rise to rumors that caucus of Re
publican Senators had been held at which the agree
ment was made that no legislation efecting changes
in the departmentsof the New-York City Govern
ment would be permitted to pass the Senate. These
rumors were found to be untrue, and the explana-
tions of the Republican Senators gave the defeat OF
the bill less partisan cast than it had at first worm
Their opposition was based the fact that clause
postponing the improvement OF Tompkins-square
until another parade ground had been provided,
was omitted and their action was largely due to the
representations of Col. Frederick A. Conkling and
Gen. Shaler. 1t was for this very reason that Gov
Dix vetoed the same bill last year.
But, this matter being put aside the rumors in
reference to the probable action Of Republican Sen
ators have more truth in them than rumors usually
have. There has been no caucus. and apparently
no formal understanding among the majority III the
Senate but it is evident that the general dispo-
sitiOn is to permit changes whatever to be made
in the City Government that will affect Repub-
lcan ofice-holders. 1t is not impossible that an
arrangement may be arrived at and this Mayor
Wickham is variously represented as both desiring
and rejecting In case changes are permitted to be
made, however it is well understood that the
Republicans will insist not only upon knowing what
places are to be given to Republicans, but what Re
publicans are to fill them.
The Csotigan bill will doubtless come.up in the
Assembly tomorrow, and will afford the first test OF
Republican sentiment on this question. IL the Re-
publicans should persist in policy OF obStruc-
ton, it is not likely that the Democrats will
abate their efforts. They will throw upon
tho Senate the responsibility Of rejecting the
measures which they set in motion.
| THE MIDLAND EXEMPTION BILL DEFEATED.
A VIGOROUS DEBATE IN THR ASsEMBLY-TIIE BILL
DEFEATED ON CONSTITUTIONAL GRoUNDs-PRoG-
REss REPORTED IN HE sENAIE-ARGUMENT
BEFORE TIE SENATE JUDICIARY COMMITTEE.
IrRoM THE REGULAR CORRESPONDENT OF THE TRIBUHEI
ALBANY, Feb. 3.-The Midland Exemption bill
was defeated to-day the Assembly after the most
vigorous debate of the session. The discussion was
still between those who held that the preservation
Of the plighted faith of tho State was the only ques-
ton which the Legislature was bound to consider,
and those who found the current of their
WV
Constitution. The debate turned on ex-Liout.-
Gov Ayord's motion to recOmmt tho bill 10
the Committee on General Local and Special
Laws, with directions to report as to its constu-
tionality. Mr. Russell tRep) of Wayne favored the
motion because, he sad he could not approve of the
attitude of those who resented Indignantly an in
reference with the constitutional rights of sister
State and then Idculed the fears of those who OPP
posed the measure on the ground of its unconsttu-
tiOnality Mr. AvOrd repeated the objection to the
bill which he had formerly urged. railroad cor
poration IL a private corporation thus act proposes
to grant the credit money of the State private
corporation. He referred to the point raised by Mr.
Hammond that this bill would violate the provision
of the Constitution which forbids granting BY the
Legislature of any exclusive privilege OF immunity
to any corporation being much more conclusive.
He should vote against the bill with the greatest
reluctance but he could not conScientiously do
otherwise.
Gen Hustled (Rep) of Westchester insisted that
there were no constitutional questions before the
House This was merely bill repeating an act of
last Winter If the Legislature could not pass such
n bill, it could not pass any this Winter TINS was
ouestion affecting the plighted faith of the State.
The question whether the bill grants exclusive
privileges was not before them at all. In matter
of conscience the opinion of the Committee on Gen
eral Local. and Special Laws was o matter OF IN
difference to him, and he therefore opposed the
motion Thomas c.. Campbell Dem.) of New
York argued that the exemption from taxation was
not giving the money OF credit Of the State to the
corporation and that it was not granting an exclu-
sive privilege inasmuch as any other railroad might
receive it in the same way
Mr. Hammond Dem) of Ontario explained his
construction of the bill, and Mr. Waehner (Dem) Of
New-York urged additional reasons for holding the
act unconstitutional Messrs. DAILY (Dem.) of New
York and Davis (Dem.) of Washington spoke in favor
Of the bill. and Mr.. FaTar Qtep) of Columbia made
O vigorous speech against it. Mr.. Schiehelin lDem)
of Westchester opposed it as setting a dangerous
precedent in granting to corporations a privilege
which would be refused to individuals. He did not
believe in any further concessions to railroads which
were willing to accommodate Legislatures. but not
oyeranxious to accommodate the people. The vote
stood 50 Yeas to GU Nays, and the bill was declared
lost
Mr. Davis moved to reconsider and lay the motion
to reconsider on the table so that the bill will prob
ably be called up again speedily when, its advocates
say it will receive the g. votes necessary to its pas
sage. But where the vote is evenly divided, pre-
dictions as to the fate of the bill worthless
In the Senate, the same bill came up in the Com
mittee of the Whole, and Mr.. Madden urged its pas
sage saying that unless relief was aored the road
would be abandoned, to the great injury of the
people along the line. Mr. Wood said that an emf
nent lawyer of the State of the opinion that the
act which it was proposed to repeal was uncOnsttu-
tional inasmuch as it impaired the force Of n
contract He desired TO vote for the bill under
consideration, if possible, as he was aware that
there was great need of relief Mr.. Madden then
said that for the purpose of giving time for further
consideration and that the question of the constitu-
tionality of the act Of last Winter might be deter