The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-01
OUR STATESMEN IN ALBANY.
WHAT THEIR DISCUSSION or THE BELL
PUNCH BILL rs SHOWING.
A Combination that Bid. Fair TO Cause Its
Defeat-Protecting Savings Rank Depos-
itorr-The Pipe Line Biii uecomes n Law.

horr-The Ftpe Line Itiu necomes n Law
ALBANY, April 30.-The whiskey Bell
punch bill a was special order in the Assembly
this morning. and the discussion upon It elicit
ed the fact that II II fails to pass this session 1t
will be because OF the united action Of the rndl-
cal temperance men and those who believe in
free whiskey. gin, and beer, who. under the
leadership OF Gilbert on the one side and Grady
on tho other. worked shoulder to shoulder to de-
feat II. but for different reasons OF course. Gil
bert and his followers avcrrcd that 1t IL only
another way Of attempting to get around the
present Excise law n device and trick OF the
| whiskey men. while Grady insisted that the bill
seeks to impose an exorbtant and unjust tax
upon the sale of liquor which is Legitimate
| business. 1t was in vain that Mr.. Moer and
| Mr. Brooks showed how satisfactorily the law
had worked in Virginia. the source OF revenue
II would be to the city and the State and that 1t
wns almost exactly the same as the Holahan
bill regard to its provisions. outside the ques
tion OF n registration Of the drinks and bring
ing revenue into the city treasury. The cold
water and whiskcy men would not Yield to such
,argumenis and finally tho bill was progressed.
| After the committee rose Mr. Meynborg of
| Brooklyn, wi th view 10 put al end TO what hc
declared TO be an unsavory subject, moved 10
reconlmit the bin TO the Committee on Cities.
| with Instructions TO strike out the enncting
clause. But the House. by vote of SO to 40. re-.
| fused to slaughter 1t thus unceremoniously. and
II may he brought up again.. But unless the
| combination between the apostles Of tenn Derance
| and free rum Is broken, the prospect Of its
| passage Is very slim indeed.
| Fifteen BROOKLYN Aldermen. with Brother
| William Richardson ut their head and about
| nfty cartmen In their wake. arrived here last
| evening and this morning To labor with the
lieving the latter from the operation of tho ordi-
nance OF the New York Common Council;
Ate After hard nshi the bill, which has passed s.
| decisive vote. IL will pass.
Tho following was unanimously adopted:
10 m an S ye G SS SE. S %hn, 20
should be taken tor the better protection o depesor In
asemsnt on NE ar! director. and manager. Of such
the same lime what esaton is necessary 20 the
eNtoruunaie charges receivers aud their counsel IA
winding up insolNent savings banks
The bill regulatin ng the man agement and work
ing OF the canals under the new superintendent
OF Public Works occupied the attention Of tho
Senate for most of the morning session. and
furnished Senators an opportunity for general
political discussion. extending from the time
when Gov. Tilden first unseated fraud In the
management OF the canals to the seating 81 the
fraud. Hayes, in the White House. The bill was
finally passed. under a suspension OF the rules.
In about the shape in which il went through the
Assembly Ii Is said that the bill IL intended to
defeat the original Intention Of the Constitution
creating the Comm ssioner OF Public Works.
and putting the entire control and management
OF the canals in his hands, II this Is So there
is but little reason To doubt that u VIII be disap-
proved by Gov. Robinson when II reaches him.
There was a consultation IN the Executive
| llllS OF hll Nut OHlctIs
aud the Governor. upoL he question OF making
any further nominations to the Senate. and the
the State officers with the exception of Lieut.
Gov Dorshc,mer were present. Among those
now holding positions which are hlled by the
| appointment OF the Governor and confirmation
are the Health onicer. Barf Superintendent.
Masters. Port Wardens. &c. Most Of these we're
appointed by Gov. Dix. and continue TO hold on
because of a failure 20 agree between his sue
cessors and the Senate. II was generally agreed
that II would Ice useless TO send any nomtna-
tions TO the Senate unless the Republicans wero
given u share OF them. and 10 this kind OF trad
ing the Governor ana his cabinet were unani-
more nominations will be sent To- this senate.
The fact was developed that the most perfect
harmony exists between every branch of the
state Government. and Gov. Robinson's course
and pulicy were fully supported.
| Mr.. BrownIngs bill, regulating convict labor.
VIZ Wfols.d sdvanced to the hr'' Committee o' the
To-morro the Governor will file +. me OF ce
OF the Secretary Of State his reesons for allow
ing the Pipe Line bill e. become law without
being signed by him. They are rs follows:
Als.sI April 81 an unable to approve the act en-.
Line S he res'qn ,h mat am S inS osSSSH
ne formed under II 10 take private property without
consent 81 ies 9~n,r k sPog "a;
opinion, which he has gwen To me. and is hereto
summation nnd the Judicial decisions upon the
IN some conflict and eon.lon some Of them g 80
the rght oi eminent domain The question is Judicial
d en at fta.s % ss sS by 1 DECISION
The highest court ~ ile state for This reason and for
The court. such ADJUDICATION, cheeriuy adopt Tie
10 become law by the lapse OF the ten days provided
Tor in the Constitution.
The Attorney General. in his opinion. to
which the Governor refers. says that the Pipe
Line bill. containing delegation 10 such com
panies OF the power of eminent domain. pre-
na 01e 9 rhG ben eatar on sye @
| III ~ ripht n Ipu,ntp Ne
nature. its existence under the Constitution. the
delegation Of the power, and the views that
courts Of law have taken OF It. The obvious OBJ
lection that these pipe lines cannot be common
carriers of merchandise. but must be neces-
sariy restricted TO a single commodity. he says.
would seem To- be nsurmountahle II unemhar-
rassed by judicial decisions But II the doe
trine that benefit TO the public Is TO he recog-
nized us excusinR or Justifying the delegation
OF this power. 1t is diiiic to deny its exercise
when only one article, II Of general public con
sumption and utility. Is 70 be transported. I'M
Ill the question shall be authorltatiyely settled
by the courts Of this State. II cannot be said to
be so clearly beyond the bounds OF Legislation
as to require executive condemnation on the
ground Of unconsltutionallty. Therefore. the
Attorney General thinks II advisable To let the
courts determine whether IL is in conflict with
the Constitution. and tor that purpose 10 have
the Governor permit It TO become a law;
The following resolution WAS adopted:
That the Attorney General be requested to odetermine
and report 10 te senate what duiy the CORPORATION of
making provision tor pauper insane OF the county Of
York Also what legislation Is necessary toenorce such
tie founder o the Boomingdale Asyum-a Board of ov.
ernors tor It's uu1nagemenL
The New York Coroners' bill was so amended
as TO make CorOners' salaries $4,000. incidental
expenses $4,000. and general clerk hire 50, 500.
and was then ordered to u third reading.
| The bill relative 10 the Clinton Institute OF
Oneida county, in which the Universalists are
much interested and which is understood 10 be
the first step toward removing that school to
Fort Plain, opened up long debate. which re-
suited in sending the bill 10 athird reading.
| Both Houses to-day concurred in the second
report OF the Conference Committee. and il now
goes to the Governor
Police Commissioner Gen. Badly Smith put in
an appearance again to-day. to influence the
action OF the senate committee upon the Police
Pension Fund bill. but il said 10 have become
discouraged at the first attempt, and retired in
disorder. The next assault Will likely hc mRde
on the Conference Committee. before which the
question is almost certain TO como. and with
such able lieutenants "A Ham Fish Polar
Hayes, and Thomas Charles Erin Ecclesinc to
assist him. there is no limit to what may be
done in the closing hours OF the session.
The Commissioner OF Jurors BILL which was
passed in the Assembly last week, was reported
iavOrably from the Senate Judiciary Committee
to-day also. the concurrent resolution anleud-
ing the Constitution so As TO provide for hien-
nia sessions OF the Legislature. Hamilton Fish.
Jr.. has begun to draw up his forces in connec-
ton with the Tnmmany representatives, TO pass