The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-18
EXPLANATION OF THE MEMBERS.
Logical and Legal Inconsistencies
slrs Exposed.
a Crude Loosely Drawn Summary and
Savage Bill.
ALBANY. Nav 10. 1877,


consigned TO the tomb of the Capucts, but yet may by
sono extraordinary salvruic process be brought 10
lie and light AGAIN Il inay DO interesting 10 gvo the
uceatc IN iui that shook tho Assembly Chamber yes
crsay on thus lomenlous question: to the ctizcss Of
New York.
HAYES MOTION.
/ Mr. Hayes moved that Assembly bill No COS. IAN
act to provide compensation TO property owners Tor
damages occasoned by tic construction, operation
use OF elevated railroads within this Slatcn he com
n!ttcd 10 the first COMMITTEES OF the Whole NOT full
% that motion tho yeas and nays were ordered by
Mr.. Langtcil. 49,
ExPLASArIoN VOTES
Tho following ecntclucn. when ihcir names were
called. explained their votes hereafter appears -
Mr.. ANord-Ihcrc hes been attempt upon the
Other side Of this question TO Introduce II bill hero IN
favor OF railroads. and THIS is IN favor, called, OF
the property owners or vicc versa ] am opposed to
ali propositions by means OF which, in exceptional
cases. the ruie OF law that governs all o,hor cases
shall he changed BY this Leg stature l, therefore,
|, voto no. f
] SIR. Eccesine-Th,s bil II it ever became Law, IL It
WAS ever possible TO make 1t law would STOP abso-
lately stop. 1as trains running daily In city or New
York, and which accomplish, TO that extent, rapid
transit In that city. IL would absolutely stop them
This bill only received three votes in the committee
torc being present ve members of the com nltcc at
tho time, and It would have received tho votes
4 Of majority OF that committee, aud tho chairman
knows It,. vote no.
Mr. Galvinlf Understand this bill IL Is solely for
tho purpose OF compensa,ing property in New
York for any damage done them by rapid transit rail-
roacs. am in favor OF RAPID transit, ana voted here
last year IN favor OF rapid transit railroads. blu: al
also in favor OF compcnsa tng tho people along the
line Tor the damage which they may do. do not
propose 10 stand here and give railroad
! punics tho right to run railroad tracks through
| The SfcCtS ana dgmage mems proprrty without
pcnsating then; and II undcrstan II, that Is all
pushing II forward. II there Is anything else in it
don't know anything about Il. ! vote aye.
from New York. Mr. Calvin, has taken Is exactly the
right Wow 10 take Of tins BILL Tho principle OF The
PAIRS property along tho hne Of its route hat /.
snail pay Tor such dimnution IN value / ioei quite
confident that Tho principle oil the Jill Just and
equitable Whether all vi les provisions ure what
they should We or not rs matter to DO considered
II ought to be considered think II will not stop
rapid transit have too much confidence in IN.
people OF tho city oil New York TO believe that they
must have rapid unsit 1T the price oil justice OF
equity do not believe that tho people the
Guy Of Now York arc compelled 10 rob my
oi mis- rights aud oil his property ~ order TO effect
rapid transit IL Il iaacy; u IL de-usiun. wcuu
snpiy say, IN conclusion, that believe the principles
OF the bin are right AMI ousht 10 bc considered and
ought be considered this year, before the injury
done past rcparatlou. l vote IN the affirmative.
HAYES VIEWS.
Mr. HA,Es--I desire SIMPLY 10 say that tho words
which allen from the lips OF tho gentleman from
new York (lr CALVIN meet ino case precisely. /
have heard IL suid on tho ioor OF Tins
House that this bull Wac agnins: RAPID transit. have
seen The newspapers aud have been apnscd Tor
advocating IT, IL Is nothing Of tho sort; SIMPLY
that whore rapid transit road. an elevated ROAD. shall
run through the city 81 New York or any city OF
tho state jury appointed BY a competent court OF
record shall dcternpe az to the loss 10 that property
ana all there about II Is Simply an nc.
to provide against the alb MISREPRESENTATION OF prop
Mr. ncpburn--of all tho pcrploxing questions from
that most perpl. king locality, New York city, this
subject OF rapi transit IS tue worst and werc this
proposition toJncorporaie any rapid transit ogauza
ton 10 give them right 70 construct railroad
througn tho streets o! New York city. then, cir.
should agree most iuliy with the gentleman nom
Franklin and the gcnllcinan from New YORK, MIR. Cat
v'n; but THIS D 10 establish measure of
damages ana right OF action asairst
railroad company which Is already chartered
whch has received vested riglHs under the
OF Incorporation gwen by this Legislature. II pro
poses to give parties ri2h o. action against that rail
road which not exist in law, wsiich ha>
heretofore and which doubt the power OF the lepis
lllGrc grant We're this ~ Original proposition the
~ the would DO different indeed. Whcu
this bill! was coasidercd ~ coiIGiec heard read
and certainly II wr have had crude bill ncscntc
any commuc this win,ar this ~ one. Ii contained
provisions winch very Inconsistent which
can ne yer become iaw. Wnctlicr .ncy are in tl.a
bill now mol don't know | was not present. Al
I TN lime 1t was reported but my eapoicuce ~ IN
common wiia the experience al Git the gentlemen o
Tins House that Uils That are IN CoInmiieo Of tho
The purpose OF having them perfected upon The
thrd read ny are very apt 70 get through with tle
change or amendneri. 50 ,aras k'cw any
thing about This bull am opposed TO It's PROVISIONS
and ! can only discharge my duty az Understand II
by voting no. @# WH2 ~
VIII see that II ~ cudcavoring 10 csaosish by egisit
ty. SANCTION new sysem OF compensation 20 owners
OF property not ouly whose property has been taken
by the railroads. or b. the highway. bu, II 49, the
language Of we ms. section, 10 be ascer-
vlded IN this act 10 the owners OF aay real estate
or properly corporcal Or ncorporenl, when
may be vigorously aiec,ot by any tncn elevated ri-
roai. Y Wo nrc trcading upon very dclcatc groun (.
what rights ,hs paoiic obtain IA common highway
anu what extent that highway shall be used cllh
ns iarpiu on INC sGrAce or an cicv.tcu ioad .! a
sunken road, can better tc determined by the oouits
than 10 attempt To pass MI through this Legislature
determining 30 delicate asd Important question AS
this. vots NO"
MIR, IIoahan--Sncc the CONNIE Uccmcpt or tins SO
son have voted ~ asor Of every RAPID transit bil
that has been yrcScntcd hcra voted Tor those rap
.rlusi, believed that rapid tralsit
necessary Tor the iuturc prosperity OF New York
city. have spoken with my constituency almost,
every week tina, have goIc down about this rsfi!
transit Iiey are AL IN llvor OF II, but they Dcit W.
that The property holders along the line OF these a"
dcsurvc some justice. os,ieva that ra,i,oaa
ronpiny or other corporation have any right 70 ,n-
fringe upon the property ~ property holders without
rnylns ,hcin tor u. hcreiorc vote aye
MI. Uolnhan n!tcrHard che ugcd hs vote TO no.
Mr.. Hused-i bavc always cast my votc In favor OF
the passage Of every Law watch Mould secure rapd
10 whether this bill. docs hot interfere w that. aud
Tor tns rcasoa GYMS rapid trans. tue benefit OF the
doubt. vote IN
A p,aecr Row AZ xArID TRANSIT.
Sir. Lao. bcsn inis "A direct blow at rapid transit.
There Is no a,c,rIan about that A a in,ibcr OF t.
judiciary Committee have been opposed TO iuis bal
rHai tho truc L Mas first introduced aud nj tins
prcsuEt islac liz osdog 20 avoid direct lssue upon
this rAfil transit question tbs bii sought to 10
made ~ The TOM u general a", whefel u rea,
strikes lie Gnberl Elevated kuroaa and the Nittn
AyCuu Railroad IA the cry OF New York. Tho second
section OF thc hl viii ,sivue show rs ioul-hncss, und
wn show thar II direct blow asansl rapid transil
IN that city
gDc second section Is ~ iollows:--
sacrloS 2-Wesaover tho cmstn uoa nal stcnance
o.sstn % ne OF Any crsateue iroaA through. urYi
above npna pusiic street in ~
r,tis ~ this State shall deprceis. the Nnue c
wise iaJuiuusly alcCi lad, iuid,ngs other
property cofpsirsi lnen poroai, along tha
gortc ~ aiy sch elevated railroad the owner
or owners ~ any surn pFuDfttJ. the vain
cDJvS meat 81 WIN u be- iuiuticusly affected
hy the contraction OF operation ~ rir
railroad shall 70 cntsu - aiastnlu action action.
~ ~ the courts ~ rec,t Of this StRtc dam
.ses thsreior ngme %, eorPgs. on " eanan, ke.soI