The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-10
ISTHE BARGE CANAL LAW VOID?
THE o. ESTfON TO IN TAKEN TO
THE fOTRT or APPEALS.
Opponents of the scheme Obtain Opinions
From Judge Chas Andrews anti Elihu
Hoot-ProDaDly No Awarding or Con-
tracts tntn This question Is Settled.

ALBANY. Jan The Court Of Appeals
ia depended upon by the aut-canal senti-
ment Of the State TO make it possible to
defeat the SOL 900 600 barge canal folly
It was asserted tonight that former Chief
Judge Charles Andrews. now living in
Syracuse and Elihu Root had written
opinions at the request OF those who OPP
pose the construction Of a barge canal,
10 the effect that the barge canal law is
unconstitutional This being the case.
it j. anticipated that Attorney-General
MAYER viii be asked by taxpayers who are
opposed to the canal TO take such action az
will permit ofproceedlngs being begun which
will result in the Court of Appeals passing
upon the consttuuonality OF the law.
Meanwhe the awarding Of the initial
barge canal contracts may he deferred
until every contention regarding this mo-
mentous question is settled not only to
the satisfaction Of the advocates Of barge
canal but 10 the satisfaction OF those who
oppose il as well.
Mr.. Root has seen Gov Higgins recently.
OF course II the law should be declared I'M
constitutional the people vote on the ques-
ton would be void
1t is known that the Republicans who
| have to do with legislation affecting the
| finances Of the State are not taking into
account any expenditure under the barge
canal law when they consider ways and
Z fyr a Ipfiptt
/ which Gov. Higgins points out will result
/ during the present year should the erpen-
I dittre for the next fiscal year amount TO
/ as much IA for the present year. The
| appropriations for the present year aggre-
| gate nearly $40 900 900. while the estimated
receipts will amount to about $22 900 900
only. These Republican leaders seem to
think that II the present Legislature enacts
| indirect tax legislation which will meet
! this expected deficiency, It will have solved
the only lna ial problems, as affects the
| 81 e treasury. which will confront them
| for como years TO cone.
Consequently nearly all Of them seem to
/ favor 81 tar pom the buying and disposal
Of ea,. 100 shares OF stock on the New
| York eek Exchange. the Consolidated
Ell hinge .. in the bucket shops through
| out the State. This would be tax similar
| to that which WAS exaoted by the Federal
! Government during the Spanlsh- American
/ War and would be In the nature OF a stamp
/ tax It would raise between Ave and six
! million dollars year. These Republican
! leaders feel that the proposed tax upon
dogs would be ridiculous, especially from
a political standpoint.
| Gov. Higgins retuFned 10 Albany at 4
o'clock this afternoon. He expects to send
a supplementary message to tho Legisat-
ure on the subject OF the care OF the States
! forests. He has not vet decided on the
position he will take with reference to the
future of the forests
i consider it very important theme
he said. and / will want 20 give It due
consideration before I decide on wha.
| shall recommend
will you have anything to say on taxa
tion?' the Governor was asked.
Possibly shall later on
! In reply to questions regarding State
| finances and the necessity for raising new
revenues, the Governor denied that he
had said in New York that there would be
no return TO direct taxation during his adj
ministration Al that he had said was that
there would be no direct tax this year
! If the state ran short Of funds resort would
| Toe had to the surplus in the treasury
JUMPED FROM ELEVATED.