The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1886-04-01
CONKLlNG ELOQUENT.
Hon. Roscoe COnICIinG Makes Mastery
Plea For the Repeal of the broadway
Surface Railway Charter.

Hon. Roscoe COnkIinc Makes a Mastery
Plea For the Repeal of the Broadway
Surface Railway Charter.
ALBANY, y. Y, March 2j.-Arguments
against the repeal of the Broadway sur
face railway charter were finished before
the Senate committee yesterday by Judge
Ashbel Green and others. Arguments for
the repeal were then begun by Clarence
Seward and Roscoe COnkling. When Mr..
COnkling arose he was greeted with three
rounds of applause from the crowded
Senate chamber. He argued that the
Legislature had pier AIRY power to repeal
charter and was not obliged to act only
on evidence such as would warrant de-
priving thief of his liberty. The evil
dcnce obtained by the investigating COM
mittee was not such aS would he required
in Il court of law. 1t was merely for the
Senate's information. A threadbare plea
is always raised against the results of
legislative investigation into iniquty.
Under its reserved power the Legislature
can repeal a charter without examining
witnesses. No intelligent, honest lawyer
can dispute this. The testimony of the
Witnesses; those eloquent flashes of
silence; those conspicuous abSenteeS,
present every tact to the Legislature nee
cssary to determine the question await
ing its decision. "The integrity, honor
and good faith of the State; Il Sorely
needed public example; a decent respect
for the opinion of mankind" in the words
of ThoS Jefferson, all demand that these
bills be enacted and executed. My client
is the State of New York 1t is
client, married, however, by one fact. The
counsel who impede these bills pose as
crusaders of the sepulcher of the States
good faith. They say the bills are dis
honorable. The basis of good faith is
that every agreement shall be performed
in the same understanding by him who
receives it as by him who offers it. The
reservation of repeal, in the language OF
the United States Supreme Court, is as
much Il part of the contract as if it were
written on the frontlct of every charter.
For thirty times in TWENTY-FIVE years the
New York Legislature has cXerted this
very power now called in question.
Sovereignty does keep this sleeping sword
of repeal TO provide against all cases not
otherwise provided for. 4 safeguard Is
against the abuse of the power OF repeal
is to be found in the legislative respect
for public policy, honesty and honor"
After describing the fraudulent forma-
ton OF the Broadway Surface Railroad
Company and its bribing operations, Mr..
COnkling continued:
"The Legislature can not deal with the
poor men who sold their votes and their
honor, nor with the men who bribed and
debauched them. The committee has
heard perjury piled on perjury, but it
can not punish for il. But
l do not see how yOu can make those
facts a reason for giving Il badge and
premium to the briberS. Though they
may escape prison, the spOilS of their
may be taken from them.
Pass this bill, and you teach this Govern
ment that there is one forum where cor
pOratiOnS are not too rich and too power
full to be chaStised by outraged law. Re
fuse to pass it, and you hold out 4 tempt
alton to the future. II the object of
charters is TO enable corporations to reap
forever great profits, then the people of
this State had better fold their tents like
the Arabs, while others quietly steal
away"