New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-03
ALMOST PASS POWER GRAB
LACKS ONLY TWO VOTES.
Put Back on To-ddy's Calendar and
Likely to Pass.
.pr TELEGRAPH TO THE rRrBrxE.l

T.
.,ssry May after one of the most sensa-
..,sl fights Of the season the amended Niagara
,usr grab bill now bearing the name OF
s.rstor Cassidy failed Of passage in the Senate
day by two votes. This failure was inter
.,+as 70 mean either that an effort TO force
y. riu through on the report that Governor
,,;srirs had read the bill and approved It, later
ss~isi by the Governor. or else that the 1nan-
"a, sr-anCements incident to the passage of
- measure had not been successfully made.
Tho latter theory found the more supporters
.,.-suss on every vote except the final test the
,..-5s Of The measure had enough and 90 spare.
-. N this test, even Senator McCarren, who
- ro+e5 steadily TO kill all the amendments
i-.-,7nced 10 modify the character of the bill.
....7 against it. He made an Intellectual effort
. .rsnge his vote after the result had been an
.,rroed. and failed. Then the bill was put back
:, ,ba calendar by another motion that
,-riss only on an unexpected ruling of Lieu
.,-,+ Governor Bruce that excited general sur
,so Thus as a result OF all the finesse the
...rs= Of the measure have the bill ready to
IS to-raorrow if the proper arrangements are
made
The deht against the bill was made by Sen
.--s Marks and White. Senator Cassidy alone
,ss -re fight n the speechmaking but the TAX
,~- rsre Of votes was attended 70 by more eX-
.,s~iancsd hands Senator Marks made the first
esear1r. This bill has had a few little jokers
.rovad into il without a hearing" he said. 1T
now contenplates granting rights without any
-ar7nent n the case Of railroads the Rail
-oa5 Commission passes upon the condemnation
rls1s but in the case Of power companies un-
5e- this bill there IS no body under heaven to
rzss On their plans. It lays the burden of proof
r,7or the person whose land IS taken and makes
The property owner pay the expense Of COM
mission. IN 10 other circumstance does the
condemnation law allow the taking Of private
property for private purposes"
SENATOR WHITE JOINS ATTACK.
Senator White joined in the attack upon the
tIs, saying:
OF all the bills introduced in this session, this
ore for the monstrosity Of its provisions, should
have the first prize No bill has aroused such
general opposition. and the Senator introducing
i has not shown any public good 10 be accom-
Pshed by IL It's purpose IS to give electric
power companies the right Of eminent domain,
which is the right Of the people TO take private
property for public use or good.
Senator Marks. who sat IN q corner with Sen
Etors Page and Bracket. then began an assault
o. the measure by a series Of amendments, all
Of which helped 10 demonstrate the character OF
The bill since its sponsors refused them all. The
first amendment was lost by q vote OF Il to %.
from the provisions of the bill. was lost. IS to 2S
The next added a section that would make nee
esssry a special legislative act to take water
frona Niagara River. This was lost II 10 2S
Lieutenant Governor Bruce then refused 10 rut
any mere amendments, and the vote on final
bassage was taken. and. amid great excitement
s. was announced that the bill had failed by
vote q q 10 19 26 votes being necessary to pass
b bill
On the last roIlcal Senator McCarren, who
had voted with the group which favored the
measure and opposed the amendments voted
against the bill on the final test and after the
result attempted 70 change his vote. This would
have made the total only one short Of the
ouired number. and Senator White objected, and
The chair sustained the objection. Then there
was moment % hesitation. after which Sen
a-o- Cassidy moved TO reconsider the vote by
which the bin had failed, and this was carried
BY % 10 IS. Senator White made a point Of
order that rwenty-six votes were necessary TO
d this. and the chair ruled against him. This
Tr,rg created some surprise, but was sustained
b Ire opinion of the more experienced of the
legislators. This put the bin back on the cal
eadar and II can and probably VIII be passed
tomorrow. when the satisfactory arrangements
e-e made
THE GOVERNOR DENIES A REPORT.
Governor Figgins's attention was called to-
night 10 the fact that his name had been used
s. connection with the bill.
You are az liberty he said, "to quote in
ne most unqualified manner as saying that
iais bin has never been submitted to me, and
that have never committed myself on this prop
oS--on- The effort was made TO have me do so
curing the last campaign, and a delegation from
tHe Niagara. Lockport and Ontario Company
came 10 me and asked me TO declare myself
Nhlle speaking at Lockport. l declined, al
Trough they told me that was the only way
could carry Niagara County. I have never COM
fni'ted myself and anyone saying so is misin-
formed"
The detailed statement of the vote is as fol-
lows:
Ayss-Aflbler. Brown, Burr, Cassidy, Cogges-
Ea-l, Cullen. Dooling, Fancher. Fechter Fitz-
gerald, Foley. Frawley, Gardner, GoOdsell Has
eHalg. Hawkins Keenan,, Kehoe, L Honllne-
&c, Malby, Martin. Prime, Kiordan' WILCOX
-Noes-Arrnstrong. Bracket, Carpenter, Cooo'
cooper, Cords. Drescher. Gales, Hinman, LEWIS
---arEs McCarren. Page. Raines. SAKE, stevens
----y, " 3rrick, Whte-l9.
:1ose1t-I2arnes. Elsberg, Grady, HlIl-3.
Not Voting-Alds, Davis.
Senator Lewis voted against sending the OIL
hack TO committee but on the final vote Joined
those against it.
COLOR LINE ON CAPE COD.