New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-30
ROOSEVELTS HAND IN TT.
STILL MORE CHANGES IN THE AMSTER-
DAM-AVE. BILL.
SENATE PASSED 1T YESTERDAY - Gov
ERNOR DEMANDS EQUAL TREATMENT
FOR BOTH RAILROADS.


Albany March 29-The Senate passed the
| Amsterdam-ave Railroad bill to-day in the
form agreed to by Senator Ford and the COM
| mittce OF the residents OF TIE avenue formed
for protection against the invasion Of that street
| by four trolley tracks. The measure. 1t Will be
| remembered. was amended so as TO make II ac-
! ceptable to the Metropolitan street Railway
! Company and the city authorities. but not In
such a way as 10 be agreeable 10 the Third
Avenue Railroad Company.
The Senate before It passed the bill to-day
voted down an amendment to It offered by Sena-
tor Elsberg in the interest Of the Third Avenue
company This amendment he said. was drawn
up by himself and designed to give the
Third Avenue road the right 10 use the tracks
OF the Metropolitan street Railway Company
until the courts could decide which company
should permanently occupy the avenue
WHAT THE GOVERNOR WANTS.
Governor Roosevelt took a hand in the modin-
cation OF the Amsterdam ave. bill late this ar
ternoon He Informed the newspaper CORE
spondents that in his Judgment IT ought not to
have been passed by the Senate In It's present
form This did not mean that he would veto
II II II should reach him. but merely that no
thought II ought n he amended. He had sent
for Senators Stranahan. Higgins and Ellsworth
this morning TO inform them ~ his objections
10 the bill but Il had got under such Roadway
in the Senate that it could not be stopped. Then
he had sent for Assemblymen Aids. Bedell Col
lier and Davis and had told them that he
thought the courts and not the Legislature
should decide which ~ the rival roads on Am
sterdam- ave should the central pair ~
tracks.
Doubtless the Governor was Influenced some
xs.l.s ktF hf
appeals Of Edward Iauterbach counsel ~ the
Third Avenue Railroad. who vas pacing up and
down the Executive Chamber In a high state Of
excitement this morning while the Governor
was talking with the newspaper correspondents.
and finally managed 70 gain the Governors at
tention.
When the bill was announced in the Assem-
blv a motion was made by Aesemhlyman Fal-
lows that ~ should be accepted as II came from
the Senate objection was made by Assembly
man Bulkley Of New-York and Assemhlyman
Kelly Of Albany This objection consigned the
bin To the Committee on Railroads ~ which
Mr. Bedell Is chairman. Mr. Bede is one ~ the
men to whom Governor Roosevelt conhded his
objections II Is presumed that he VIII hold on
10 the measure until the Governor and others
who are friendly 10 It have drawn up amend
ments which they think viii put It in perfect
shape. The Governor said this afternoon that
II It was necessary he would send an emergency
message on the bill n the Legislature. thus OK
pedting its passage.
FORD FEARS A DEADLOCK
Senator Ford was obviously much surprised al
the Governors action. and said:
II was not consulted by him about the bill In
it's present form do not say that by way of
,,l~Lx he
bill is so much needed as votes in It's favor
Senator Ford thus seems TO intimate that he
fears the bill will get into A state NJ deadlock
betv zen the two houses Of the Legislature. and
fail To pass at all In other words. the Metro
politan company is supporting the present Sen
ate bill. and the Third Avenue Railroad may
get behind that which the Assembly Will now
frame But the Governor. Judging from his talk
TO-DAY Is confident that the leading Republicans
Of the Senate and the Assembly will unite upon
some Amsterdam-ave. bill. and fat II will GER
tainly be passed.
The debate in the Senate o-day was mainly
on the lines already familiar to those who have
followed the course Of the bill. New light was
shed on IL. however by the remarks Of Senator
Brown. who said
This act in the first section provides that
street surface cars cannot he operated by any
feet from the curb on Amsterdam ave | be
lieve that provision Of law, as II stands. is con
stitutional. and will affect the Third Avenue.
provided the Third Avenue does not now nave
any vested right 10 cars by other power
It's second and four sections provide a scheme
for compen saton in case the first section or the
act takes effect That scheme Is unconstitu-
tional and void II is though II were not
written in the statute. for the obvious reason
that IT provides on the one hand that compen-
satiOn shall be given to the company whose
nd
ether that such compensation shall ne assessed
upon the remaining tracks in that avenue as II
there could by any possibility he any relation
whatever between the damages which one com
pany suffers by having its tracks removed and
the benefits accrulng To the tailroad remaining
in that street by reason Of such removal.
For my part | despair on account OF the
course of proceedings upon this bill Of having IL
whipped into form in the Senate such as be-
lieve would meet fully the necessities OF the
case Ii does contain some crumbs OF comfort
for the people who live in the Amsterdam ave.
section Of New-York City I am in hopes that
when it gets into the hands of the Assembly II
NAV there be put in better form than It Is In
here In view Of the fact that the attempt to
take property without due compensation Is en-
tirely unconstitutional and can by no posi-
bility take effect. shall support the measure
HOW THE SENATORS VOTED.
The vote by which Senator Elsberg's amend
ment was rejected follows
Ayes-Coggeshsll. D. F. Davis. Elsberg, Feeter.
Munzinger Norton. Raines. Ramsperger, Rice.
%ees-Ahearn. Ambler Armstrong Brown Cha
hoon,, Consy; Cullen. G A. Davis Donn nelly
Goodser Grady Havens Higgins. Humphrey.
Johnson Krum. Malby Marshall Martin. Parsons.
Punkitt Stranahan. Sullivan. Thornton WHITE
and Ws-31
The bill was then passed by the following
vote:
Ayes-Ahearn. Amber. Armstrong, Bracket.
nelly. Douglas Ellsworth. Elsberg, Featherson.
Foley Ford Goodse Grady, Ravens. Higgins.
Humphrey. Johnson. krum, Malby, Marshall.
Martin. Parsons Plunkitt. Sherwood Stranahan.
Sullivan. Thornton. White and Willis "a
Noes-Boyce. Coggeshsll. d. F. Davis. Feeter,
Graney La Roche. Mackey McCarren, Mitchell.
Munzinger Norton. Raines. Ramsperger Rice.
Wagner and Wicox-l6.