The sun., 1899-03-22
NO coNFIsC4TIoN. SENATOR'S s4Y.
Mr.. EIsberE Pleads for Fair Play-Amend-
mont Carried to Albany by Mr. Creamer.

Mr.. ElsberG Pleads for Fair Play-Amend-
mcnt Carried to Albany by Mr. Creamer.
ALBANY, March 21.-The New York city
authorities have brought forward an amend
ment to Assemblyman Fallows's Amsterdam
Avenue bill which has been accepted
by Senator Ford and Messrs. Coleman
and Fulton. who continue to succeed
in making the Amsterdam avenue property
owners believe that they are looking out for
their interests here counsel. The amend
ment was brought TO Albany by Thomas ].
Creamer. who represents the New York city
Corporation Counsel at Albany during the
legislative session. II proposes TO strike from
the Fallows bill the original section 4. which
reads:
Any corporation or person deprived Of any
private property by the operation OF this act
shall have right of action at law in the Su-
preme Court Of this State against the city Of
New York to recover Just compensate on for the
value thereof to be ascertaned by a jury in
such action"
II was to the above that the Ford amend
ment to section 4. drafted by Elihu Root. as
counsel for the Metropolitan Street Railway
Company. was added by the Senate last
night. Now. all that will remain Of section
4. II the city amendment Ia adopted. will be
the Ford amendment The effect OF the city
amendment is to strike out OF the Fallows bill
the provision that the railroad company whose
tracks are removed from the avenue shall
have the right OF action against the city
OF New York for compensation for damages
suffered through tho removal OF its tracks, As
thus amended the railroad corporation whose
tracks are allowed to remain on the avenue
would have TO pay the full amount OF damages
awarded to the other COMPANY whereas under
the bill the company whose tracks are removed
has the right OF action against both the city
and the company allowed to remain on the
number OF the Senators who last night
voted to XIII the tsuterbach amendments and
they did 40 with a full knowledge that the Ford
karoad company Thsy al added led that "i the seo state
ment by Senator Ford, that unless the Metro
could not BE- passed was the sole reason re- that
actuated them in It's support. They assisted
by o that ths msn
purpose 70 be effected was to drive two Of the
G faows w1Hd 6
the Metropolitan amendment incorporated
Senator Elsberg and Assem- blymen Fallows
and Mazet. who have work ed earnestly to aid the
objects sought 10 be obtained by the Amster-
they realize the Ford amendment S'n IS as much
In the interest of the Metropolitan Street Rail-
as whs IF hs
bHI1Tws Tnys whose bose ast2ns in regard I" hi
the Third Avenue Railroad Company
IN the Ford @ When When % the bill ii fsen is sent
lack TO the Assembly 1t is believed by some
.Sst nf aa i Ss
feature tonight Senator Elsberg said;
Ny position on the bill Is simply this: have
always believed that the Legislature should
give to the west side property owners. with
they DEMAND amd ta four our Trolley Sgt facEs To ON
the avenue should not he permitted. As long
as the agitation was confined 20 the epdeayor
IL rod
directly against both the street railway cor
poratons on Amsterdam avenue. the course to
for the original FalIows bill when gave 70, the
regard TO the selfish interests, Of either
corporation, and ! would, without any
number Of times Tor any, tiiI that presented
0 0my tns is issue o. ths People interest on the
Potatons " the %S Psher ' at when the the SS sS
tation was utilized by the Metropolitan street
aSMay n WEGv to sscgre Tor fSs an
over the Third Avenue comnany and when that
seemed 10 me TO, become the, main object Of
preached to vote for the sc-called people S
amendment which in, my presence at "a
by ths counse. for the Me.ropoitan
Street Railway, Company. because i would
comPsny and Eis because that 'Ses corporatiSR Hon
Sis SSaS more p2ETreripl and better ally to
declined any longer To be party TO a scheme
which had Tor its object the conflScaton Of the
property az one corporation in the interest of
another, aud thatnther already tar too powerful
In lts lbilucu"" over rliy affair.
IN" INST course 10 pnr~lt was to insist that
both rompauics should Ur compelled to use
one set ~ tracks m common and that
the company which owned the tracks al
ready there should receive proper compensa-
ton from the other company for such use
Acting on that conviction voted and spoke in
opposition TO the so-called Peoples amend.
ment, which in its effect, II not in its
purpose. / cannot characterize as anything