New-York tribune., 1905-04-20
A GOOD DAY FOR GRAB BILLS.
SIX PASSED OR 1fDVANCED BY SENATE OR ASSEM-
BLY, At ALBANY
Protests of Cen ganst GoodscN Measure Igmored-Lea Likely
Stop Niagara Scandal Today

railroad grab" bills it is so blind that even the
introducer does not know it's purpose or the
| railroad 1t applies to. or much, except the as
surance that he received from the person who
gave him the bill that it does not apply to the
New-York and Westchester.
The New-York and Westchester charter was
attacked on the ground that there was not an
nexed to the certificate of incorporation the nee
essary affidavit that 10 per cent Of the capital
stock had been paid in. On the same day the
Elsberg bin was introduced. so drawn that it
was asserted, it would cover this case.
Senator Elsberg at once declared that he
would amend the hill so that it applied to no
such case To do this he inserted a cause that
the bill should affect no pending litigation In
quiry developed that this application to the At
torney General was technically not a pending
litigation Then the Senator amended it so
that it would not apply to cases of companies
incorporated for many years after the West
chester, but the amendment was declared not
to cover the case in a debate recently, and Sen
ator Carpenter. of Westchester. declared in
voting against the bill to-day that he did so on
legal advice that the bill might without difficulty
apply to the Westchester case.
At first the explanation was offered for the
bill that it applied to a Queens County road;
later it was conceded that it applied 10 a case
in the borough of The Bronx and the county
of Westchester, but to-day in all other in
stances Senator Elsberg declared that it did
not apply TO WestChester. In the former de-
bate on this bill in the Senate the bill char
acterized as a grab" bill; even Senator Elsberg
admitted he had no pride in the bill. and was
then forced to lay it aside TO escape defeat.
Since that time. however active work has been
done for the bill. and while the rolcan was
going on to-day Senator Goodseu, who has three
other grabs" pending before the legislature
urged Senators to vote for the bill, and thus as
sisted Elsberg in passing it.. Senator Marks
alone spoke against it. and only six Senators
voted against the measure. while thirty three
voted for it,
The measure has been severely criticised by
representatives OF various civic bodies which
opposed TIE bill in the Wilcox Wallace form of
last year. in the earlier form of the Grady bill
of 1903 and in various other forms. a measure
embodying the general principles of this bill has
been kicking around the legislature for many
years In speaking of this bill to-day julius
Henry Cohen. representing the Citizens Union,
said
The Elsberg bill allows railroad companies
which have failed to comply with the law in
the particulars stated in Section > of the Rail-
road Law. to go ahead and by simply filing an
amended or supplemental certificate patch up
defects and supply omissions.
a defective route may be patched UP. or q
vital omission of the statement that the Railroad
Law has been compiled with i'm its detailed pro-
visions supplied. Last year at a conference in
which representatives. Of forty-eight civic
ganzations participated. the following rule was
adopted concerning bills of this sort:
NO particular railroad should have it's defects
patched up by amendment to the general Rail-
road Law. Such bill is necessarily and essen
tiaI sneak bill for nobody can find out how
many corporations affected by such an
amendment or what they are. This end should
be accomplished by less Objectionable means"
Clearly Senator Elsberg's bill falls within this
criticism, and il will be a great disappointment
TO many OF his friends in New-YOrk and cause
sincere chagrin among many, TO learn that he
is the father of bill falling within the class
known as sneak or grab" bills. We loath
TO criticise him. but when he deserves IL he
must take the consequences.