The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-02
THE STATE CAPITAL
Passage Of Rapid Transit Bill
Amendments.
TRIUMPH OF THE ELEVATED RAILROAD
Adoption Of the Majority Report or
Appointment


. special order. As matter Of course everybody
knew beforehand that the report Of majority OF the
Apportionmcn. Committee would be adopted. How
ever, the debate quito sharp and cnlvenine
though each side hoped 10 DO able 70 convince the
other that It wrong. The discussion al
times assumed very funny phase. particularly
when Mr.. Fish charged that Mr.. O'Hare simply repro
sented John Kelly the floor OF the House. TO tins
Mr.. O'Harc replied that as Collector Arthur Thomas
Murphy and Jimmy OBricn, who, a. an arti Tam
manyite always helped tho republicans election
paigns, resided his district vol John Kelly,
and II he represented Kelly he represented the other
three honorable men" Mr. Fish called
them. Fish and o'Hare aterward got
into debate pronunciation. Fish mado fun
OF Schcnclin pronouncng the word gerry mander''
as though IL spelled '.jcrrymander." Fish. in
abiding to scheliein, made Of tho words ~ was
trod on" oIiarc conended that he should have said
.srodden, = and the two, much to the amusement OF
the delighted galleries and the mombers Of tho House,
wranglcd over tho matter like pair OF school boys,
Fish winding up finally by producing huge dictionary,
from which he read that Webster conceded that trod'
correct sstrodden.n Alter this strange epi-
sodc tho members got down to serious business, and
the debate became very interesting
DRBArE.
Mr.. Sherman moved to strkouut tho second section,
relating 10 the Assembly apportionment he thought
that ought TO be Included in separate bill He then
criticised length the report Of tho committee, aleg
ing that the matter had received very little dscussion
AS no formal meetings OF the committee had been held
until last week He acquitted Messrs Hogeboom and
Sloan OF any intentional injustice IN tho matter; but
the potter and evidently acted they told to act
Hc said also that the apportonmcnt reported by tho
committee lind been arrived at BY method different
that which had hitherto prevailed and which has
been the usage Ia Congress-
Mr. Hogeboom asked II the Secretary OF State had
In his tables also excluded the Indians Mr.. Maynard
said Secretary OF State The constilu-
ton plainly requires that Indians shall be included as
Inhabitants. Or course, II would make a difference
only in Cattaraugus county, but II would give that
county Two members, while Columbia would nave but
one Tho committee was also wrong in apportionng
by Assembly districts instead OF by counties Tho
stitutioI rovided different rule The result
arbitrary distribution. The injustice was plainly
apparent In New York aud several other countIcs Ho
failed to perceive why New York should be given three
additional members when the relative IN Catta
raugus Clinton and Ontario Is much greater. The theory
upon which this done no considered untcnablc. The
crucial test was to DO found u comparison VI
cioncios and from tho ratios OF representa-
ton IN the two schemes proposed. close examna-
Of these will show that tho schcme proposed by
the minority will show less inequality In taton
throughout the State According TO tho schomc OF tho
scented while bv that OF The m,nufy the non rcpre-
scented population would DO 233, 900
Another test WAS found In comparing the population
OF New York city with tho rcs OF the State Tho per-
ccntngc 4 twenty and eghttenths OF the entire popu-
lxton. emitting that city o.twenty six members and =
fraction over half, making the numtcr twenty
seven The same test applied TO Kings county viii
give IL thirteen members. Ulster Monroe aud other
show large excess ovcr the ratio II was evil
dent that the departure by the majority from the prn
cipla heretofore followed would work great injustice
and inequality.
Mr. Forster thought the majority report was . con.
else and exhaustive discussion OF the mathematical
portion OF this question: and very little lett be
said. The legal portion was involved In the question
raised regarding the Catnraugus Indians Hc thought
II clear that the decision Of the highest courts had
regarded IL ans foreigners or aliens, and not there
fore inhabitants entitled 10 representation Mr. Mayn-
~ eEoli IL
Indian an alien. Mr. Forster said the highest
courts OF this State had decided long ago ls22
that Indians were not citizens. Able opinions then
written the subject took the ground that they
were IN subjected 70 the laws they were
be regarded dependent allies and alien communities
Other decisions uniformly upheld this view Of their
status and he thought there question but that
the majority mad adopted tho correct view Of tho
He also tho reasoning of the
gentleman from Delaware (Mr. MaynardI aliacious
This amply shown by the report OF the Secretary
OF State and by tho figures IN the report o. the ma
jorty, which was automatically exact Mr. BalIou
opposed the idea that Indians who had dissolved their
tribal relations were not citizens some OF them had
engaged In agricultural pursuits along with our own
people and some OF them had voted. The decision OF
1Sa2 did not meet this altered state OF their relations
They should unquesonabIy be included IN tho repro
ecntaton He called attention 10 The Inequalities IN
the distribution In q comparison between thc
counties OF Columbia Cattaraugus, Monroe aud Orange
The counties OF the State are greater than
In Columbia county. yet they each allowed but
member while Columbia Is allowed two members. THIS
he regarded as very favorable for Columbia county
OF the Assembly, and Tar inferior In point OF fairness
10 the plan OF the minority. Mr.. Schlenelin said tins
apportioninent occurring only In ten years
should be settled without craftsmanship and be thought
the majority were trendng on dangerous ground IN at
tempting 10 gerryInander tho senate and Assembly
districts Though New York contains nearly one-fourth
OF tho population OF the State she only allowed
Senators, when at least should be given her
The laying OF the districts also showed shameful
regard only for partisan advantage and tho districts
are ingeniousy divided M that city largely demo-
cratic viii return republican representation IN the
LEGISLATURE The people are outraged In every para
graph OF the bill Il outrageous measure and de-
IDerate robbery Of tho democratic party Ia the iu
ture II van be branded as Infamous even ~ rspuon.
the majority report and pi but he desired TO repei
the dispersion Of the gentleman from Oneida that tho
committee wore as cay IN the hands OF The potter
lie could say that they we're men who could only DO
nodded by power greater than tho gentleman from
Oneida He would not charge that John Kelly, who
sat beside that gentleman several occasions, had
spired his speech. but people could have their own
opinion that matter. He insisted that frequent
meetings OF tho committee had been held and II tho
democrats failed attend them 1t not the commit
tees fault Mr. Fish referred length 10 tho
points raised ny the minority members and showed
what he considered their weakness. The report was
TAR and equitable, and FREQ from any suspicion OF
craftsmanship In order that accusation OF PARTISAN
ship could be made members taken from republic
can Counties and New York and Kings given
than they entitled strict equiy After
further discussion. Mr.. Hogcboom moved 10 report
progress. Agreed TO- IS 10 H. In the House, Mr.
Ho.cboom moved 10 discharge tho Committee or the
Whole from the further onsdcration OF the bi and
De oTIcfeu 10 TcAuut, STATING Lhab
the bill up for third reading tho minority would
have an opportunity OF moving Their bill as subsi
On that motion Mr. Forster moved the previous
question, which was ordered. The motion was
agreed TO, 81 10 ~ Nr. Sherman moved TO recomnt
The bill 10 the Committee Apportionmcnt With IN
structions TO substitute tho bill reported by the mt
Dorly Of the committee aud report forthwith Mr.
Hogeboom moved " amend by striking ous all ne mi
nority reporl except Monroe and Broon,c. He was
willing as concession 10 the minority, TO take ono
member rom Broome aud add one to Monroe. giving
Mono c iour members and 3roomc one. The dscus1ion
was continued BY Mcssrx Maynard. Worth, sherman,
O'Hare Hogcboom aud Graf. Mr. sherman suggested
that this be Withdrawn, the minority desired dts
tinct vote on their proposition. Mr.. Hogeboom with
drew his motion. The question was then taken ON the
notion OF Mr. Sherman, and Il was lost-44 20 e2thc
Affirmative all democrats except Mr. shannon the mega
all republicans except Mcssrs. Bisscll and Cruce.
TRANSIT.
The RAPID Transit bill introduced by Speaker Hustled,
and which reported Tor the consideration Of the
Assembly on Friday last, engineered TO n tblrd
reading 10 day by him with consuu'mae skill IL waa
necessary to secure two-third vote To make u a
special order and well OF this iact the lobby
the employ Of those city railroad companies who
opposed the did all they could early ia
day TO to their way Of thinking a sufficient