New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-07-19

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public use by any s %
saton to be made therefor, when such compensation
is not made by the State. shall be ascertained by
rGaSs ay be opened ysry IN the ISs
y Of tho ROAD SS AND the the amount Of all damage
10 he sustained by the opening thereof snail De irst
smonnt together with the expenses OF the proceed
ing shall be paid by the person to be benefited"
Mr. Marks moved that the adverse report should
be rejected and made a long speech in favor Of his
motion, his chief argument being that juries were
/ just to property-owners than commissioners
appointed by the Supreme Court in such cases After
/ Mr.. Marks had made his speech the Convention
! came to vote upon Mr. Markss motion, and II
| became obvious that 1t would be beaten. 1t was
! under these circumstances that Henry a. Powell. Of
Brooklyn. Republican made his first speech in the
! Convention. 1t was OF such a nature as to draw
| the attention OF the Convention to the speaker lie
J said:
1T occurs to that the question which Is be-
! fore the convention by the proposed amendment
is exceedingly clear-cut 1t Is a question of whether
not privileges shall be accorded to corporations
in excess Of those which are accorded TO private
individuals when the interests OF the two are
brought into open conflict 1t seems to me that
this convention is about to commit Itself to the
doctrine that 1t Is right and proper for the people
Of the State of New-York to give to corporations
special privileges which are denied to the private
citizen. II this doctrine is to be adopted by this
convention and II the convention Is to go before
the people of the State of New-York upon any such
platform that believe the answer OF the peo-
pie to the projects OF this convention Will be such
that the work OF this convention will result In
| absolute and total failure Last night sir this
convention affixed the seal Of its approval to an
institution which IIallam. the great English MIS-
toran, In his Middle Ages" denominates "A prepos-
ferrous relic OF barbarism. 1t may be fitting. and
II may he proper that after having taken that
etep I'm
step further and declare to the people Of the State
of NewYOrk that when the private Individual
and the great moneyed corporations come into
open conflict as TO the value OF the property which
the corporation is taking from the private indvid-
uaI that We will give to tho large moneyed cor
poration It's choice Of the tribunal before which
the matter at shall be tried II this conven-
ton believes It TO bc wise to DO this then let 1t
pursue that course. and II Will receive the rebuke
from the people OF the State of New-York which
IL Justly deserves. / shall refuse to walk in the
footsteps OF this convention II It pursues such a
course"
The Convention believed. however that the Com
mittee on Preamble and BIZ 81 Rights had made
the proper report on Mr.. Marks's amendment and
defeated his motion FOR the rejection Of the adj
verse report by a vote 81 90 10 IS. John NJ Bowers.
Of New-York thercupon made motion that the
adverse vote recOnsldered and made this inter
estng statement.
Il voted TO adopt this adverse report. Mr.. Presi-
dent because II has been the experience Of the
prorcrty-owners along the line of tho elevated rail-
roads in Ncw-York that they have obtained a Juster
consideration Of their claims FOR damages at the
hands of commissioners appointed by the Supreme
Cour; than they did at the hands % jurles when
that system was IN vogue. have made this motion
10 reconsider this adverse vote with the idea Of
proposing an Amendment 10 Mr.. Marks's amend
mcnt tomorrow which will give property -owners
the option u a jury trial OF their damage suits
against corporations
Tho motion u Mr.. Bowers % reconsider ana to
lay that motion upon the table was carried. and
thus the amendment may BE- again considered by
the Convention tomorrow.
M I'm. - Buffalo. then informed the Conven-
ton that ~ had already introduced an amendment
to thc Constitution which ~ believed would carry
out ~, plan suggested by Mr.. Bowers % give Jus
Too T. the property owners lie then read the
Amendment !, is A. follows:
Section Of Article Of the Constitution is hereby
amended so - read as follows
li IT," ~ 49, cdnrn,n.ns1t,on e. be made therefor
when such compensation Is not made by the state.
~, n1 - M cu .cIon n the pr,perty-
owner. -ad jury to bee iinpaneIed in the same
manner as jufies for the trial OF cause In court
~ r.sord ana said Commissioners to be appointed
rs = court u record. as -hnll be- prescribed by
law tn necessary use Of lands Tor the construc-
exclude or convey water FOR agricultural mining.
milling domestic or sanitary purposes ~ hereby
DECLARED to DO a public us" :,
Private roads may be opened In n manner 10 be
prescribed by Law. but IN every case the necessity
" the road. and the amount Of al ianake 70 De
sustained by the opening thereof shalI be mr't ur
amount. together with the expenses Of the pro-
ccedlngs shall bc paid by the person 70 be Deh'-
nlcd
The Convention may consider Mr.. lIill's amend
mont tomorrow AZ substitute Tor mat OF MI
Marks
President Choate received letter to-day from
G. Chauncey Parsons a OF Thcophilus Parsons.
Of Harvard Univerrty containing this interesting
suggestion:
I write to suggest an amendment that ,,,n many
other manufacturers lately have been thinking
would be- wise to suggest even IL tle u,S " Sr1
permit Of passage a. present. ana tnat ~ Soe
recognition Of the individual rights OF the man VINO
doe. not want to belong to the trade unions, ana
who is not able 70 be capitalist, an amendment
That the right OF an Individual 10 work for
whomever he pleases. wherever ana %nems'ep, a M
ulras.s and for whatever wages b" plvhses, Shall
not be inicrfcred with. and that any interference
WIN th right by threat e 9o,ny INJURY or o'neF
II should be a serious punishment as II Is OF me
character IN relation to TIE lnaVnua, ba %s
OF the better class 81 mechanics VINO wouId DE
,ynr NOT forced TO- ana II your convention could
lind any way by which the individual coul1 De pro
side ana organized capital on the other. IT would
20 further toward solving ne pTeS,hi "oTr
should be- connected providing asainst restrc'hg
the numcrof apprentices or IN any WAY n"," ,a vie
opportunities Of those who wsh 10 lchfn any 'iaI'
profession. by these trade unions; @r9 s ' 0r
trolled 10y foreigners. our N"'il''i '''
almost forced into bookkeeping. or similar pro
LESSONS The right OF Joining. learning or nrnct .
inc any useful trade should be secured 10 every ono
ana mis- should be- without the possibility OF him
lrancr by any Individual or organization
The Convention to-day ordered TO third reading
the amendment To the Constitution presented by
William -. Dickey, OF Newburg, abohShihH the
officer Of coroner. Colonel DIckey stated that II
was now universally agreed that the office OF
Coroner was unnecessary. No opposition was
made and the amendment went 10 third reading
II Is the first amendment to reach that stage
The convention passed resolution requesting the