New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-03-03
All THE STATE CAPITAL.
THE FIVE CENT FARE BILL VETOED.

THE DEBATE IN THE AssEMBLY-IITTLR PRoBA-
BuITY THAT THE BILL WILL BE PASSED OVER
THE vETO-IHE MESSAGE.
! (rRoM THE REGULAR CORRESPONDENT OF THE TRrBuSr1
ALBANY. March Ex-Governor Cleveland's
veto Of The bin reducing fares on the elevated RAILROADS.
to five cents not unexpected. For over week
past persons who know the Governor intimately have
reported that he inclined 70 veto the BILL over III
Of the veto messag, which read TO the Assembly
this morning IN devote history Of the formation OF
the elevated railway companies. the contracts ana
agreements entered into aud the requirements OF the
Rapid Transit commissioners. The remainder OF inc
message is IN sub ,tance as follows:
This bin prohibits the collection receipt OF more
than FIVE cents are on any elc ated railroad IN the cty
OF New York for distance between the Battery anu
Harlem River; aud provides tbat If any person or cor
pOraton operating sush elevated railroad shall chag
person or corporation shall addition all other pen
ats imposed by law. forfeit and pay to any person
asgreved so for each oense I" tie fee2Vsreu ny "'
person In any court OF competent jurisdiction. ,,A
The imporsnce Of this measure ana tne ntereS.
1t has excited have impressed me with my @ cn
and led me to examine Win as hinch care az nus va
possible the considerations Involved alh eohNIn,c"
that IN all cases the share wacn silS upon nc ~ M
tive regarding the legislao OF the STATE shnu VI ~
manner eyaded but fairly met y the expression VI iS
carefully guarded ana un, "a udRhsn| =" nsstIv
clusion he may err but II nc mas larry aie M
ted. he has performed his duty and given TO the peop0
of the State his best endeavor
The bill before me provides that notwithstanding all
the statutes that have been passed ana an INN hns %
done Hereunder passengers shall be carried the whoe
|
IS provided for in any Of such statutes or spu III
| the proceedings of the Commissioners. ~
am of the opinion that Ia The legislation anu prOceem
ings which have detailed, and IN the fact that pursuant
thereto the road OF the company was constructed ana
pany which is protected by that clause oil the COhsu
law by any state mparng the obligation of contracts
But let it be supposed that Is not So ad tha hener
these lessor companies is IN any protected from 10
reference with its rates 0i fare out on the cOuta
thai both are subject all the provisions of the General
Railroad Act, under which they are bOth organized
| Section 33 OF that act reads ms follows: -, ,
hs 1ay c Ta me any r or uec the rate Of
fare OF rT0ss apS n "a Sas b nS
TO produce with said profits less Ihaa IL per eenu
examination O. the amount expended % be MA
D. the e ETgIsr i eo ved NV me eonpSny rom
all for the year n last past shall have e6ese1S m
Even il the state has the power reduce the fare on
these roads, 1t has promised not to do So except under
certain circumstances and after certain examination
am satisfied that these circumstances exist ana IL
Is conceded that such examination has been made
The constitutional objections which nave suggested
TO tn bill under consideration are nor tnlhE remover
by the claim that the proposed legislation Is III inc
nature of alteration OF the charters oil these s0n
panies and that this is permitted ny the Siae
ton and by the provisions O some OF IN h"s 70 With
have referred suppose tnat wnle tne GL.ci1 4, W
in subordnaton to the Constitution OF the United states
which the Jaw OF the land TINS leads 10 me
conclusion that alteration of charter cannot DE made
the preiext for the Of law which npas the
If am mistaken in supposing that these are legal OBJ
icctions 10 this bill there u another consideration when
|
not give my approval II seems to me thnt To reduce
these fares arbitrarily this time and under existing
circrnsauces involves breach Of faith on the part Of
the State and betrayal oi confidence whch tc H,atc
has invited BY the rrG dS o. Det" IN 'rs s
and rapid transit but lately became an accomplished
| fact But much OF the risk. expense and burden at
tending the maintenance OF these road Is yet unknown
and threatening la the m atle the people o, le cry
struction great enhancement %! the value 81 ta1hbc
property of the clly has resulted and IN addition To
taxes more than Sl2OOOO being per cent OF, i' ,n,'
puruant the law OF 1863, has been pad by ne com
panes into the city Treasury on the aitn hls to "o
of fare agreed upon secured to them Inc Income
If roads depends entirely upon fares received Tor
passengers transported The reduction proposed -
large and 1t IS claimed VIII permit no ulNGeils 10
investors This may not be true; hut We should DC hat-
shed II Is not before the proposed law tases cnec'
IL ia manifestly important that Invested capital should
be protected and that It's necessity and usefulness IN The
development OF enterprises valuable 70 me people soI
be recognized b conservative conduct on the part OF the
Government But we nave specially 10 our keeping
see to that suspicion attaches through any act OF
ours. to the fair fame OF the Commonwealth; ,,,,
am NOT uumindul OF the fact at rms bill originated
In response the demand OF large portion OF the
people Of New York for cheaper rate o hIc nriT,,h
their places OF employment and tLe'r homes ana re
alze fully the desirnbiy OF securing to them ail nc
privileges pOssolei but the experience Of oter sls,'s
teaches must Keep within the hnt- OF law hhn
gIo e ek 70 beneft and protect hardship which
must surely follow when those limits are Ignored.
No sooner had reading Concu ed tfnn Mr. Crane
who was elected an Asscmbl man by ms Ncw-York
constituents with the special object Of getting the 5crn
rate moved that the consideration Of the be post
poned until Tuesday next NJ G. Murphy OF Ncw-Nork'
supported Mr.. Crane saying that the Democrats OF the
Legislature ought have time TO consider tie political
consequences OF passing bill the Governors veto
He moved as an amendment that the vote should be
taken on Wednesday. Speeches by several others Of the
Nrw-York members followed. Mr. Ilaggerty said
We who compose the committee before which that
same argument has been made recognize the hand tbat
wrote that The corporations have again stepped
demonstrate to the peope OF TINS country that theJ
are the power ~, 80,
had weakly yielded partly ia ylndictiS sp Ht to-
ward the Internal and cOnscicnccless swlnders
who have had the elevated RAILROADS in chhrg-,
and partly 70 the 20 lusr voice OF New-fork. ne
Thought that Assembly oIght never t. have sse1
this bill in beginning, ard That ought on no account
| to pass IL over the Governors veto.
Mr. Howe thought the argument OF the Governor IN
answeraile Mr. Benedict thought that delay IN sct,
ing or the bill would enable the lobbyists TO blackma
the Legislature . II, -
The amendment adopied, so that vote viii be
taken bill "wednesday. The vote being 81 10 10
None ~ tue New York AssemDlymen except Howe and
Van Alien voted against the motion. Undoubtedly tle
Governors will be sustained for party reasons, II
for no others.