The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-07

I determInng Whether q proper Dr.
who influenced only by considerations OF duty to
this House and duty 10 the people OF the state Any
attempt to cast this bill into the Committee Of
| the Whole should be regarded with great suspicion,
and for the most remarkable reason that mono
Of US understand what is provisions are therefore ws
ought put into the Committee OF the Whole Upon
TINS question hope that this House VIII STAND py the
committee
| To my personal knowledge they have heard THIS
question argued pro and with great and careful
dehbcration They have given to their best consd-
| ator They are a committee Of the best men
IN THIS House, and lot me say that when tney stamp
bill With their approval or their disapprovm .na sssup
should have weight before this House. and no
/ such singular reason as that gwen by my colleague
from the Fitn should have any weight as asaps' such
report from sucn q committee.
l. HAYES AGAINST RAPID TRANSIT
Mr. HAyEs--Mr. Speaker, | have very great nope
that the House will not adopt the motion made ny my
colleague from New York; indeed. may cay nave
great expectations Now, attended more than one OF
Ing was given to cil.zens OF New York; think
to the number OF some thirty OF iory- :,
in relation 10 this identical bill Tho Dill
was undor consderat on in the committee before and
alter these hearings, and II - idc to say mat the
House thinks its constituted commttee y no. ~ pos
session OF the requisite amount OF information o. .ne
facts In regard to this bill necessary for II TO make
up its judgment do no. believe there has been a
bill more carefully considered by any committee OF
this House during the present session
TOUCHING ISJrNcrioSs.
Now, MS / understand 1t, tho provisions OF the Dill
arc that shall not grant injunctions IN The event
oil constructing elevated railroads in cities ! am IN
favor as every one knows, OF rapid transit l am not
in favor OF highway robbery Tho provisions OF the bill
remind mo OF line or two IRON the witty poet, DR..
Holmes, where he says:-
There ways which take ones money from
And very hard il 10 tell which Of the three wore
But all Of them bad enough to make body curse
You're riding pleasant day and counting M your
fellow jumps from out takes horses rens
Another hints words about bullet in your brains
II hard such pressing friends In such lonely spot
il o cash, harder shot.
And you ako wallet out, though yon had rather not
Now that is all there is about this bill; 1t simply
proposes that company shall go through the streets
OF New York any Other city In this State, build
their structure and rely upon the courts afterward to
give them compensation for the damage done; ana II
mat is not highway robbery there such thing in
the world. That Is all there Is about It. am In favor
Of rapid transit, but am not in favor OF robbng the
people order that there may be any amount, little
great, OF public benefit granted to the community
large. There 900 900 people IN the city OF New
York, and they are all OF them anxious Tor rapid
transit IN some way or shape
SHOT sTRAIAx
Mr. MfTCHELI.--I have single word TO say. Tho
gentleman from the Thirteenth district OF New York
(Mr Srahan asserts that he regarded the statements
made by the gentleman from tho Fifth very singular;
that he should support this motion. want the gen.
tleman 10 understand that any act Of NINE
is open TO Tho inspection OF every in'eli-
vote thai ! cast responsible TO my
constituents for; and want him TO understand that
have much respect Tor the integrity OF the gentle
man who IS chairman Of the railroad committee as |
have Tor the integrity OF the gentleman from the
Thirteenth and II was pressed hard might say that
mad respect for the ability OF the gentleman at
the head OF the railroad committee than J. have
for tho ability OF inc gentleman from inc Inir-
SIR; but want gentleman 10 cast any suspicion or
imputc any improper motives to mo IN ny course
here Ii he does shall rcpe II with scorn and con-
tempt aud fling IL back INTO the teeth oil the author Of
the ''woodchuckn SAID that did not understand
the provisions Of tins bill. say so now; and II was
simply Tor the purpose oil examining the bill that |
oud like the bill refereed 10 the Committee
OF the Whole and printed.
THE REAL ROBBERS EXPOSED.
Mr.. EccLEsiSE-lt Is not by any means such nm un-
usual thing parliamentary usage 10 disagree with
whit t'arfa tttu ~ In IN
thcst ming from my thoughts 10 cast any reflection
either upon the intelligence or tho integrity OF any
member OF the Railroad Committee Ia the motion that
have made disagree with the report but after tho
violent assault that has been made on this bill,
not rest cas-, here beng The author Of the bill il
did tnke some occasion 10 repel that. There may
be highway robbery in this tight OF rapd transit but
II able to demonstrate before the fight is over
that tho highway robbery Is on the other side,
then l don't know anything about rapid transit.
Now, the gentleman ondcavored to smugge this bill
into his committee IN the first instance, aud failing in
that endeavors to kill II. The gentleman has SAID that
there was no such precedent before Tor taking this
property without compensation. There such pro-
VISION in the bill as taking any property with or with
compensation Former legislation has decided that
question, and the courts VIII decide the constitution
Atty Of that former legislation
THE BILL IS.
This bill simply provides that the Efforts of the pco
pie 10 secure rapid transit shall be defeated by
temporary lnjunctons that are set aside as soon
as has nu ,he waut that attempts
TO take; that Is the "hghway' robbery that II at
,cmp,s TO commit The principle OF the bill,
Tor 1t is purely matter OF PRINCIPLE is one that am
wiling 90 before this House on. and what particular
good do the citizens OF New York TO let this bill
60 into Committee OF the Whole whore, If ~ wrong.
II can DO killed, cannot conceive.
INTERESTS.
can conceive, however, that II would be very con-
Tor The interests of horse monoposts not
TO let That bill into Committee OF the Whole; can
conceive that would be extremely convenient for the
Sixth and the Eighth avenue horse compan lies TO
have this oil killed hero before there opportu-
nifty OF lair discussion OF It's morts. put do not
think tho temper OF this House such that IL will suf
fer any such action as that TO be TAKEN
ANOTHER NOT READ
Mr.. ii. H. ROCKWELL desire to INFORM tho gentle.
man from New York, much as respect him, and glad
as would be TO accommodate him, one reason why
do not think IL is proper this bill should go 10 the Com
mittee the Whole this-the Railroad Committee
have carefully examined this bill aud decided that Is
bad bin. Any man who attended the meetings OF
this committee anu heard the testimony, and
sdered the legal proposition involved IN IL himself,
would consider IT bad bill 1t denies the right OF in
junction IN favor OF this corporation in the city OF Now
York.
Mr.. EccLEsISn--wili the gentleman give way mo.
ment? II does not aud could not deny tho right Of
Injunction that being common law right II could
not deprive any citizen of the right Of Injunction IL
only prcscribcs how the injunction should be granted
and under what consideration.
Mr.. ROCKWELL understand that, but it virtually
deprves of IL living along the line Of the
road and i makes an exception IN favor Of this cor
poraton, but that is not the reason why u should or
should not go to the Committee Of the Whole. The
reason is this within Quo week at least one
leading Now York paper, holding large
amount Of real estate up tho upper
end OF tho island which is financially interested IN this
corporation, has said II not many words at least
in eject, that every man this House who voted
against that measure would be branded a striker
and that money would be used to defeat the bill in
this House. Now. they desire to put this bill into tho
Committee Of the Whole for the purpose Of 'bul.doz
ing" the members OF tho Honse with the newspapers
AS long tue Railroad Committee, having carefully
examined IT, decide against II, and have taken tue
responsibility, 30 for supporting the Railroad Com
mltee, and not allowing the newspapers to come here
and try brow beat members Of this House into the sup
port OF measure that so maniiestly bad on the acc
IL as this Is. That is why do not want
II to 20 the Committee OF tho Whole.
Mr. O'HARA-Thc gentleman from Chemung happens
to member OF Judiciary Committee, ana, like
his colleague, Mr.. Srahan presume that he is
iptted TO the other side OF the proposition do not
say That he is absolutely, because 4 know nothing
OF IT, do know that the gentleman
from New York, Mr.. Strahan Is committed to tho
other side OF the proposition, but from the appearance
should say this was light between the judiciary and
Railroad Committee as to this particular bill. Tho
.IudiclrY has reaucd tho lnurels go far. NOW IL Is