New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-04-08
SHARP'S CHARTER IN PERIL.
TIE SENATE PASSES THE ANNULMENT BILL.
ONLY TWO VOTES ~ OPPOSITION TO THE MEASURE
-lDDnFsSls ny SENATOR'S

| ONLY TWO VOTES ~ OPPOSITION TO THE MEASURE
ADDRESS BY SENATORS.
ALBANY, April THE Senate resumed to-
day the consideration OF the Broadway Surface bills
Mr. Hoysradt and SIR Pitts began tho dis
cussion Of tho bills There only two questions, he
sald first, the necessity OF legislation. and second. the
power Of the Legislature TO act Mr. Chittenden alone.
he held, maintained that there evidence OF fraud
Fraud seldom he proved directly other offences
Under the act Of 1884 step OF street railroad con
struction In New-York had been tainted with fraud
Since Tweeds days therc had been such carnival OF
corruption In the action Of the Aldermen with refer
enoe to that Shall the orignators OF the fraud be
permitted TO retain the fruits OF their lnquty or shall
the people resort to extreme measures to wrest from
them their stolen property n the Legislature without
violating the constitution its oath OF Office do
IL ia their duty to do The fourteenth amendment he
held was not IN conflict with the proposed legisa-
tIon. Judge Dennis had held that the Legislature
could alter amend the charter whether derived under
general or special act Judge Earl 90 N " sustains
the power OF the Legislature TO repeal II takes away
no property violates contract trenches no vested
right In the Greenwood case in 1881 " the United
States Supreme Court decided that the Massachusetts
Legislature has the right TO repeal He read Judge
Noah Davlss recent opinion, affirming that the liability
to repeal enters into contract made with corpora
lions All the authorities agree that the Legislature
has the power Of repeal Consents. he argued not
given to particular railroad corporation, but TO any
corporation Simple coDsents to the running OF rail-
road don't affect the question Of who runs It, The Legs
laure itself, In Mr. Cour0rs BILL had Just recognized
this principle. Consents mere conduits to the priv
ege OF running the railroad. Franchise was property
1t great special privilege granted tho corporation
TO be used first for the benefit OF the public Consents
These bills do not confscate property n the Leeisla
ture has the 1t high time That the robbers be
At ea Mr. Ps speech Consumed on hoa
Replying to Mr. Pitts Mr. Fsssett said question OF
was to the method. Under the Federal Constitution
the proper way TO proceed under the general law
oharters after due process OF law before the court.
consents are duplex property consent and
property by contract between the corporation and the
city. Consents not subject to Legislative anDument
lions OF railroad securities In this country is franchise
or right to operate roads.
The bills were progressed"
The Senate r9-assembed at D. M and resumed con-
Mr.. Smith said the second or consents" bill would
ultimately go to tho United states Supreme Court for
legal difcutes He mairtaIncd that with the repeal Of
the charter the consents ceased to be property and
Mr. veddor said that the eyes Of every State in the
Union were fxed NewYork, whose credit had stood
may have in these bills by virtue of fraud If
the Legislature has the right TO repeal this charter 1t
of surrounding iDcidents.
After "a extended colloquy between Messr. yedder
third reading without dissent.
The second or oon'en.s ON was ordered TO taTa
negative When the third b for the winding up OF the
corporations which have been annuled by legislative en-
actnent read, Mr.. Fassett moved to
amend by striking out the maximum limit,
$4,000 10 the bonds OF the receiver.
The amendment unanimously adopted and no maxi
fixed the receivers bond The bill was
progressed with Mr. Fassetts amendment.
Mr. Low moved that the bills have their third reading,
which was adopted.
The first b, annulling the charter OF the Broadway
Surface Railroad, read. Mr. Nelson, in explaining
his vote stated that while great wrong had been com
mitted he differed from the committee
to the method OF correcting the wrong.
The remedy he held judicial, not legislative.
The bill then passed. Ayes 30 nays 2, Messrs Fas-
sett and.NesO
Theseeond bill, relating to the consents was passed
by vote OF % TO 4, Messrs. Fassett. Mcmillan.
Nelson and Ranes voting in the negative. Tho
third till providing FOR the winding up OF
corporations annulled by legislative enactments was
passed by 81 l, Mt Nelson voting in the negative
The modified form OF the Cantor bill recommitted 10
the Railroad Committee for amendments