The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-02-02
LEGISLATION IN ALBANY.
BILL TO PREVENT LATINO OF RAIL
ROAD TRdCKs IN SUNDAY.

Court of Appenls-Blp to Repeal the
Charter of the Brooklyn Tunnel Conpan
ALBANY, Feb. 1.-The tearing up OF streets
and laying OF tracks by railroad companies on
Sunday. which diversion has been tho subject
OF much public discussion in the cities OF the
State In years past, will not be possible In
future II n bill introduced to-day by Senator
Elon r. Brown OF WRtertown 10 enacted into
law. 1t has been customary whore corpora
lions desired TO perform some act. such a. the
laying OF a railroad track or the erection OF
electric wires which were opposed by the citt-
zens affected, to perform such work ON Sunday
when the courts were powerless to interfere.
Deacon Richardson twenty yoarsago. in order
TO avoid the opposition Of citizens and an In
junction order, constructed on Sunday the
Seventh avenue portion OF the Atlantic Avenue
Railroad In Brooklyn. The road is there yet.
Senator Brown to-day introduced a bill which
provides that an Injunction order may be
granted by q Justice OF the Supreme Court on
Sunday when In his judgment 1t is necessary
70 prevent irlenlodiab!o injury, and a summon
with or without a complaint. may be served on
that day II so ordered by the Justice.
The congested condition Of the calendar OF
tho Court OF Appeals will be remedied in a
large degree II the Legislature again passes
the proposed constitutional amendment intro
duced last year by Senator Elon r. Brown OF
Watertown. This amendment provides that
whenever anu as Ollon ~ u llluJOllty Va lHo
Judges OF the Court Of Appeals shall certify to
the Governor that the court is unable. by rea-
son OF the accumulation Of causes pending
therein, to hear and dispose Of the same with
reasonable speed. thesGovernor shall desig-
nate not moro than four Justices OF the
Supreme Court to serve us Associate Judges Of
the Court OF Appeals. The justices 80 desig-
mated shall be relieved from their duties as
Justices OF the Supreme Court and shall
a.,n M AeopniotA Itt1u.. of tho (Annrt 1f
Appeals until the causes undisposed OF
are reduced to 300. when they shall re-
turn to the Supreme Court. The Governor
may designate justices Of the, supreme Court
Rociate Judge OF the Court of Appeals except
while holding the Office Of Justice of the ,Su-
preme Court, and no moro than seven Judges
This amendment passed the last Legislature
and will pass this year. II VIII
then te submitted to a vote Of the people at
next falls election. and il adopted Gov. ,RQose;
members Of the Court OF ,Appeals provided Tor.
The amendment l. bncked, by the New YORK
mS /" n ers Of O the legal I u OF tho state
At present there are about Il thousand appeals
ton. W Va the Court Of Appeals dfisposss Of
about 500 appeals annually, tho number OF APP
RSmbe TG decided fu so that Rssf it I IS aa i3mnpSeessiifbiitiT S
for, tho court to catch up with the business
A long discussion was INDUCED in by tho
Senate to-day on Senator, Ambler's bill proyid-
ing that h. the sDIS %oy ana nc w GHy y ma az agree tEs n fnas
of consignment rather than at their ~desttna-
ton. The bill was ordered 20 a third reading
beets should be weighed by an official weigher
appointed by the state Commissioner Of Agri-
culture. Number of Senators thought that the
amendment was in the interests of those seek
ing the bounty. under the sugar beet culture
law. Senator, Amber. however, declared that
the enactment Of such a law would not affect
the amount Of bounty moneys paid in any
would raise sugar beets If the product was
weighed at home rather than at the factory.
The Senate to-day passed Senator Ellsworth's
blu providing that an assessment OF real prop
valid because the property was assessed to an
owner not residing in the tax district; instead
o. 10 a resident 1cGnpaht' or as NONRESIDENT
l- The as SESSION. fs s q * The sa Assembly lasted barely
1 miftes r @foFtsdi ffS9 voP = !t TO Sir. Hill Of ' ERIE
on the question raised by the minority as to his
referred to that committee. 1t was expected
that the matter would be takenHpbythe house
cratic leader. Mr.. Palmer, action upon the re-
port was waived until next week The Assem-;
adjournment was taken until to-morrow.
Ass"mhlyman Brennan to-day introduced a
biz to repeal the ct2rter Graynted by he Lsgis,
company a Tighf; which i now holds. to con-
or underneath the East River from "a point be-
tween !, Eat st. Sixteenth street and Whitehall
point between Atlantic avenue and North
Eighth street, In the borough, OF Brooklyn.
Powers OF condemnation of land necessary for
the construction of the proposed tunnel and
other general powers were granted by the
Mr.. brennan SAYS that the reason why he
presents the bill Is that the Tunnel Company
carry out and which only stands in the way OF
bridge construction between, the. points in
Thicn rights nave been granted to the Tunnel
Assemblyman T2rdyce introduced "a bill
the method OF taxing mortgages. The biif was
drafted by the Statutory Revision Commission
and proposes TO tax mortgages at the place
where thetpropcrty mortgaged is located. A
question has been raised as to the constitution
atty OF such a measure in cases where tho
mortgage is held bya non residento of the state,
Alaw. however. has been in force III Michigan
for some years which taXes mortgages IN the
manner, proposed in the EOrdyce bill ana has
been heId g be &c G9nsiitulio u n that StatG:
one to six years the time within which a cor
poration may ask the State Comptroller to re-
fund taxes illegally assessed and collected, aud
that where a rebate is allowed the amount
thereof may be used in adjusting, the tax due
ry ah fTd@ t6 6oTR0taIph %i'sr9 me iSiler Sc
render Of tho rebate credit
Assemblymau O'Conuoli introduced n bill to
prevent discrimination by street and elevated
railroad corporations against persons carrying
r rese coTne5d 69 Eo to9 Sbs, PIy yd Pr3yidinG that a rail,
from entering and riding upon its cars because
suGh person carries fecGptacie iGr tools, if i
OF the person while occupying a seat in the car.
Mr.. Bedell introduced Il bill to provide for Tho
cancellation OF taxes and assessments on tho
city records of New York If the person so taxed
or assessed can show "a receipt for taxes which
were paid to the local officers of the territory
since included in the city ana which were made
a part of the city records.
These bills were Introduced in The Senate to-
day:
senator Mitchell. two bills, permitting tho filing
Of claims within thirty days after the bills become a
law of claims for damages caused by a change of
grade of streets IN Bronx borough under the provis.
ions of the law of 1898. whore such claims were not
Med within the time allowed nv law or " lprs claims
filed did not properly designate the property dam
aged; also, confirming u grant Of lands under the
waters of the Harlem River made by the State Com.
lnissioners OF tho Land ONCE to Jordan l.. Mott in
1851.
Senator Boyce, providing that street. surface and
elevated railroad employees ia cities OF the INIT and
second class shall not he permitted to work mora
than twelve hours \ day, including one.half hour for
dinner.
Other bills introduced In the Assembly were,
MT. Apgar, making all app riItiun Of 1000 for
Aymen or the fees aud u\. cases OF William II,
Robertson as a COinmlhsllUsI appointed by GOV.
MOrL0n 10 lnnMlrA INTO Inm LLL-Lna lLnEnrrna aDrnn-t