The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-31

latter place He had offered besides 10 draw up. in
the presence Ofihe committee and did draw up before
them contract with the railroad company agreeing
10 take 100 tons OF coal II delivered for seventy-hve
cents per ton, transportation charge and that Hca-
cock backed out finally, and would not sign the con-
tract As Mt Hanson denies having suggested the
resolution. and as the member OF the Railroad Com
mttee who said that the suggestion was made by
democrat whose bill had been reported adversely the
night the mo Seat No Fare" bill, and Mr..
Killian and Mr. Fallon deny that they made such
suggestions, and The only other democrat bill
was reported adversely that night was Mr Hansons,
there To be a question OF veracity somewhere.
Why the member OF the Railroad Committee alluded to
who contends that 'scvera members made the sane
suggestion to him is unwilling 10 give their names
is rather difficult 10 understand AT all events the
prospects now are that the Railroad Committee will
ask Tor an investigation into the accusations made
against them by-''one who kn0ws.n
TIKI MARINE COURT QUESTION.
The message of the Governor In response
oution OF the Senate relative TO the appointment of j.
p. snnoit as Dudgc OF the Marine Court was called
from the table by Senator Bxby who proceeded 10
answer us salient points IN speech OF some length.
He said the Governor declared in his
sage that he based his the pro-
Visions OF the law OF lS49 which empowers the
Governor to n vacancies whenever no oherprovIsons
for ning such yacancics had been provided, but the
law provided another and different method for the
filling OF the vacancy, and the action OF the Governor
was therefore wrong BY the act OF 1852, in relation
to the Marine Court II rs provided that any vacancy
occurring in the Court ''shall be filed IN the manner
prescribed oy law lot uns vacancies IN inc oices OF
the Justices OF the superior Court OF the State OF New
York." In this law no change has been made Suisse
quent legislation provided that the Justices OF the
Superior Court shall be appointed by the Governor
with the consent OF the Senate, II the Senate
he in session. When this vacancy happened
",d claim mat 80 baa occrrcd IN ,he srnap,or ou
place of the Marine Court that the Governor could M
the vacancy without the consent Of the Senate aud
yet the law and the only law the subject prescribed
that vacancies In the Marine Court shall be filled in
the same vacancies IN the Superior Court
In connection with his remarks the Senator offered n
resolution referring the special message OF tho Cover
nor IN regard To the Marine Court JudgcshIp, 10 tho
Judiciary Committee, with instructions 10 report
whether any legislation necessary 10 make moro
definite and certain the authority to appoint Judges
of the Marine Court in case OF vacancies.
THE SCHOOL AMENDMENT ! SENATE
When the concurrent resolution proposing amend
ment the constitution relative to the common
schools came up'lor discussion in committee of the
whole OF the Senate Mr. Schoonmaker offered the fol-
lowing as an addition 20 the provisions of the amend
ment:-
schools, in which instruction shall be free shall
be maintained forever The Legislature shall provide for
the instruction in such schools in the branches Of element
AIRY education the period Of least twentyegh
twcnyone years annually raising therefor by tax upon
the taxable property IL the respective countless Of
LEGISLATIVE NOTES
The committees of the Senate reported quito num-
Der of bills this morning, the Judiciary Committee
usual reporting adversely on the majority Of those
ferred to it,
Mr. Bixby introduced useful bill to prevent the or.
ganization of nfc and health insurance companies
bogus basis IN regard TO names and capital
Senator Tobey asks lis any man In that delegation
OF seventy likely to go against Conkling in the Con-
vention when he holds the federal patronage of the
State and will continue to hold II for three years
longer Is il ke.yyn
Mr. Hammond offered n resolution In the Senate
authorizing the Secretary Of State all the gen.
era and special laws relating TO the poor in force in
this State close OF the present
piled and published in pamphlet form.
Mr.. Gerard gave notice that he would move to sus-
pend rules bring about reconsideration of tho
Battery Park bill This becomes necessary owing to
the fact that the time for reconsideration had ex-
pred when the motion to recall tho bill made.
1t Is stated tonight on pretty good authority that
Governor Tilden and John Kelly have agreed not TO
disagree. and that they have come TO amicable
dorstanding which will be favorable 10 Tammany at
Utica The majority of the delegates elected thus far
in the country districts To the District Conventions
are openly Tor Tilden, and this TACT
no doubt has done much to bring out the declaration
OF peace between The two and II Is understood now
that the Utica Convention will not be asked to
present Governor Tden's name TO the ST. Louis Con-
New York's first choice but that his admins
traon will be heartily Endorsed and resolution passed
instructng the delegation TO vote every ballot
majority will dictate. Tilden's friends believe that this
plan will delegation for him the first ballot
least and that between April 20 and June y influences
can be brought bear the delegates that will make
them heartily in his favor than they were
instructed at Utica 1t is said that Governor Seymour
does like this arrangement and that he is quietly
working for Chief Justice Church and with eye u
the main chance himself