New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-03-25
CROWDS IN THE ASSEMBLY.
THE BROADWAY CHARTER DISCUSSED.
ADDRESSES BY AsnBEL GREEN, CLARENCE A.
SEWARD AND ROSCOE cONKLING.
IBr rELzGR ArH To THE TRlBUSnI

ALBANY, March I'll ully l,oOo peIsohs NViD
present to-day In the Assembly Chamber at the hroau-
way surface road investigation. They hied inc noo'
Of tho Assembly Chamber and Its vast galleries. hel'
woman and children were IN thethrong The spectators
were drawn 10 the place TO and hear Roscoe Cong
ling Ashbel Green George Bliss, Elihu Root Joseph H.
Cboate and Clarence Seward They had little interest
actually IN the bill 20 annu the charter OF tho broau
way Surface Railway Company. The three ls"ilroai
| Commissioners, oDonnell, Rogers and Kernan' were
present and also Lieuenabtioyernor Jones ana large
| pr,portion OF the members OF the Legislature.
Ashbel Green opened the hearing with speeoh
! in opposition to the bill.
Mr. Green said that he would discuss three que'ohs'
Whether the Legislature has the power to annn the cha
ter OF the road secondly whether is wise Tor the Legs
ature this step; and thirdly whether the par
ties in interest shall not be heard He said that the
charters ought to be anuuled ordinary one 1t
was obtained under the Constitutional Amendment OF
1873 which in his opinion did not permit the annuhg
OF a street railway charter. He said:
You propose 10 repeal the grant oithe City OF New
York. but by indrecon you do You break the contrhe
entered into between the city and tho Broadway Ran
wav The Ieglsature has been disrobed OF
its right to grant street railway franchises
Nothing has ever been done Ia the way oi
repeating since the time OF Henry WILL wheh
cancelled the charters OF some OF the inconsistencies
1t be true that Legislature has the power TO repeal
charters then you a state OF anarchy Your
successors may be sure, will not be so conservative
deny that you can pick special corporation Tor
punishment that is judicial act You can pass gen
era act the redress of the wrong committed by one
corporations but rs say you cannot PICK ont that oio
corporation for special punishment II you do come 10
the opinion that the of this road should be an
nued then you ought to give the corporation hearing
Oh the subject"
ENhu Root appealed to the committee to hear wit
nesses under the BILL He submitted an opinion
Judge Dillon to the effect that the charter cannot oe
annulled
Clarence A. Seward argued that the Legislature
had the power to annul charters ana
secondly that it could rghtfully annu
the charter OF the Broadway Surface Railway He ar
gued also that the Legislature had the right to Keep
the consents of the property owners ana OF the
Board Of Aldermen and dispose OF the franchise OF the
road the highest bidder.
Mr. Conkling again and again applauded when he
arose to make his speech. He attempted to begin but
was twice interrupted by applause. Finally he bowed
his thanks ana said
Nothing would have brought me here but this in
vestgati0n OF colossal job. Your Inquiry has been
parliamentary one. II was not Judicial proceedihs IN
any whatever II was an Inquiry Tor legislative
purposes aud for legislative purposes only yet
you have restricted your examination as to the KIND
proof you would take that the great BODY OF me evil
that evidence you have made report and submitted
bills and you met with the objection that 1t was not
a iudlclal inquiry | know OF no infamy that was ever
probed by legislative committee that that objection
was not made can reloemoer no inquiry whero IL
lean states everywhere reserve right put end
TO- cbaT,crs issieJ by the legislatures Legislature
could exert that reserve power without calling
single witness The argument IN TINS case must De lat
nnry yon have given notice to every Interested
party this except those that have Ned from yoar
jurisdiction You told them TO produce the records
made by themselves and altered and INITIATED FoIr
bills have been introduced One disso!Ves the Broad
way Surface Railway a second Dlli says lhat sVeeL
railway franchises shall he sold to the hiSaeIt 9iaIcr
and the money shall not 20 to lobbyists GODet"eens'
thieves or skilled talent OF any klnd.
Here Mr. Conkling glared fercely at George Bliss who
unninchingly returned Mr. Conklings look Mr. Conh
ling continuing his speech described the other dis OF
the committee. lie then continued:
What is the object OF selling the franchise franchise
any interruption of traffic. any Inconvenience
70 the public a t In syoF Of be h Saed Ti b Of
soIey needed public example decent respect Tor the
opinion Of mankind. all plead for the passing of these
Bills ana their execution. / plead for no bondhoders.
Ny client the state Of NewIOrk They say these DIS
are worthless. Then must suppose that jacob sharp
In the embarrassment of his rches had expended thous-
ands in hiring counsel IN the hope tha the bread mus
conclude also that sharp had turned phllathropst ana
he IS determined TO educate the LEGISLATURE az MS
own expense. coming now 10 this aoouea'ior AIM 80
at all of L would remind you That the
annument OF a charter by the mode you propose. and
more especially the annulment OF sham charters, has
been pronounced just aud sanitary act by the aolest
sense OF right keener exalted than that OF John
Marshall Joseph Story. Nathan Clifford, Chancellor
that these talked dshonor reputation, bad faith
Mr. Conkling then discussed the Dartmouth College
cast and its bearing upon the bills He argued that the
case proved the State could anDu the charter OF the
Broadway Surface Railway Company. Throughout the
Union he said States had reserved the right to annul
charter The reservation was the Of all con-
tracts. He continues
The power has been exercised from Maine to Oregon,
and win sit down and give mp my time to any man
who state that any Court has ever said II was an n
constitutional exercise OF legislative power an the
there no az risen p and sad that the LegsIa
hid onnypr IN ia
,btriI Zines in TWENTY-FIVE years the Legislature of
New-York has exered this power, aud has ex-
citcd II in the very words as they stahd IN
made that the Constitutional amendment Of 1875
has largely impaired this idea so take pains 10 say
that there word in that amendnent which dis
turhs large decisions that the Legislator can
annn charter wa me power 20 pG use M or case o
ton by The criminal la was full OF errors Tor
them. Wasn't for tho Legislature to hunt the lazzaron
among the corporations Three lawyers are kind enough
To write you that the courts are always OPEN Then the
swordi IL is this that whenever the public
veal will be promoted by the aDrogatlon OF
allied duty Of the Legislature a6rogate 1t.
Allow the Broadway Surface Railway Company-that
mask OF theVes-aOw these men TO go free, to Haunt
tbe az th aood that i. coming Ihe preconceiyed
plot was to make another corporation, I'm viola
s Ureeoncered plan was to do that which it was
hidden to by the very which 1t bases Its exist
ence. They had an intention TO operate H. and
they They passed over all the stock to one
actually worth S2,OOO,O0O. That al given
Jacob sharp For WHAT Ny learned asso-
cate says IL was all for road said to be
worth 81 20 900. seven on this committee know
that il did 100000. They then proceeded in
violation Of issue 100000 OF bonds. They did
so under prctence OF equipplng road for which tho
stock had already paid ten times over. Then they sold
bonds 10 buy stage which Jacob sharp after
ward sold for nearly the price he paid for Thorn.
A more Dunging fraud than that l should
suppose could not found Ia human annals. Then a
large amount OF money spent for guilty purpose,
that we all morally convinced Of The evidence
by moral certainty that no sane or honest man
can deny by bribng this franchise was bought lie
worthy bear the seal OF the state The question: IN
the Ian guage OF Mr. Tweed is, what you going 10
sbout tF
The that has beer charged has been proved and
now this fricasee OF fraud lies upon the table here.
You must deal with IT, You cannot turn tho steps OF tho
men who did II toward the peuieDtiary Tho fruits Of
that crimnaty you destroy that you can eradicate.
DO this teach generation that corporations are
not TOO rich or too powerful bo cbastsed 10y