The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-10
THE STATE CAPITAL.
Mr.. Ecclesine Introduces Another
Rapid Transit Bill.
SMOOTHING OVER OBJECTIONS.
Modifying the Clause Regulating Dila.
tory Injuncli0nx
[BY TELEGRAPH TO THE HERALD


ALBANY, April o. 1871
Tonight Mr. Ecclesino introduced in the Assembly
another bill TO facilitate rapid and regulate the
granting OF injunc.ions In cases where railroad
poratons parties defendant IL Is 10 respects
similar to tho bill that has been defeated but prov
introduced TO meet objections OF those WOO
voted against rapid transit last Friday
sEcrioS L-whcncver any railroad company organ.
tied under any special general law OF this State
shall be engaged IN constructing operating any rail-
road under aud IN pursuance OF any law Of this State
no injunction shall be granted by any court or Judge
thereof To restrain such construction operation
any alleged ground OF the iuvnlidy Of such law
or the llicgaty OF such structure or operation until
hearing irst been had a notice writing OF
ten days. served upon the party defendant together
with copy oil the moving papers.
Skc 2-And II on said hearing the Corrt or judge
determines to grant said injunction pending nal judg.
ment, SAID Court or Judge shall cause the party plain
TN to file such bond sufficient surety, not exceeding
$4,000 as IN the Courts judgment shall be proper
Indemnity N damages tho party defendant IL on tue
nnal erminnton OF action tho judgment shall be
IN favor OF SAID party defendant
sxc s III on said hearing said Court or Judge shall
deny sad injunction, the Court orJudgo may order tho
parties defendant tn nlo such bond OF undertaking as
condition precedent TO denying said injunction, as
shall be deemed sufficient in the sound discretion Of
said Judge Court to indemnify said plaintiff II on
the hual determination OF the action judgment shull
be awarded TO said plaintiff said bond not 10 exceed
SIC This ac, shall not apply TO actions brought
BY the Attorney General In behalf OF the people Of the
State.
Mr. Eccesns mado few romarks explanatory Of
this bill, pointing out that IL drawn up cs-
pccally to meet the main body Of objections ad-
vanced against former bill OF his on the same sub
jcct
Mr. Molier, of wcstchester, n member OF tho Rail-
road Committee, who voted against the iormer RAPID
Transit Dill, informed your correspondent Tint no
should vote Tor tho introduced this evening" and
the likelihood Is that when It's terms printed other
members Will also alter their mndA
PROTECTION YoR INSURANCE. POLICY HOLDERS.
Mr. Cowdns bill for the better protection OF policy
holders discussed In Committee Of tho Whole %
tho Assembly at great length. II has been already
published as introduced, aud Is loaded down with
amendments, many OF which Will stand fro In
tho Senate. Some OF these amendments. mado this
evening, arc as foows:-
Mr.. Graham moved m amendment that no officer o.
ifc insurance company shall be an officer In or re-
any compensation from any insurance loan or
trust company. Carried. ~
II. II. Rockwell moved IN amendment 10 the clause
which provides that IN actions against insurance
panics they shall not avail themselves, . defence, Of
untrue statement unlcss II 10 proven such state
mont Intentionally untrue and additional
qurcment that they shal provo that six had moi
passed after the issuing Of tho policy before tho death
OF tho insured person.
After debate tho amendment adopted
On motion OF Mr. Fish clause inserted requir.
ing that policies shall DO issued In the language the ap
pl,cant 10 familiar with.
order TOR Thursday evening next
ANOTHER VETO MESSAGE.
The Governor sent into Senate a veto message
disappearing oil bill amending ACT Tor facilitating tho
dissolution OF manufacturing companies he The
which this bli amends gives The powers ios
the dissolution Of corporations In the county Of Hork
mer, and the general law gives amDlo provisions fos
ike objects. Ihs OF specln Legislation which
ID likely 20 work injuriousy Tho bill was laid aside
CANAL TOLLS
Mr. Cole offered resolution, which adopted,
requesting the Attorney General TO report to The Sem
ate within two days nrs' whether the constitution
authorizes the total abrogation OF tolls which
imposed under the toll sheet OF 1857 second whether
under tho constitution concurrence OF the Lcgsin
ture reduction OF tolls below the rates OF 1852
precede tho action OF the Canal Board third whether
conformity with the constitution, tho rates OF tolls
can reduced below Of 1852 by an aihrma-
tive vote Of only four members OF the Canal
Board fourth Ia tho event that the of
the canals Tor the fiscal year ending september 80,
1877 shall TALL below sum to meet tho
Of collection, superntcndcnce and ordinary repairs, ny
what method II any exists, the constitutional rcstrc
amount OF the gross revenues for the previous year
may be overcome IN other words. how tue canals
DO maintained and operated through sho fiscal ycas
commencing October next.
NEW CAPITOL
| A resolution Of Senator Gerard called for tho ap
inquire into the propriety ana feasibility or roofing
tho Capitol us IL now stands, aud Of 1ttina
up the for tho OF the LEGISLATURE Misc
TO inquire into the advisabty OF removing the Capt.
| toll 10 New YORK
TUESDAY.
The Fish-W0odn bill concerning New York will be
considered tomorrow should Senator Woodin be well
enough put In nm appearance.
II was alter ten O'Clock when both houses adjourned,
and practically nothing was done.