The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-22
TRANSIT BILL CHANGED
SENATE STRIKES OUT AN IMPOR-
. TANT PROVISION.
II Also Refuses to Order an Investigation Of
Jury Fixing In This City-BillS to Pros
teetLawyer From indictment Tor sOliC'
iting BuSiness-Sunday Local Option.

Jury Fixing In This City-BlllS to Pros
teet Lawyer From Indictment for SOlies
iting uSinesS-4Sunday Local Option.
Albany, March 2i.-The traction inter
ests Of New York city can do anything
they please with the Elsberg bill amending
the rapid transit law. The representatives
Of the merger in the State Senate played
with the bill for two hours to-day and
then extracted its fangs In q most expert
manner, 30 that the bill is perfectly harm
less now to the traction interests. The
action Of the Senate to-day on the bill gives
evidence that the corporation Senators
have not forgotten their book. And the
vote to-day on the Elsberg bill Is ma king
students Of legislation Wonder what Is
going to happen to the insurance legis-
ation when it copies up later In the session.
Senators Grady, Mhlby and Raines led
the onslaught, on the Elsberg bill, and by
a vote Of 20 to % had the following provi-
sion stricken out:
The railroad or railroads constructed for
and at the expense of such city after this
section takes effect shall be laid out primarily
with a view to Its or their most serviceable
and profitable operation, Independent OF any
transportation line or lines then operating,
constructing or contracted for, except rail-
Dads operated for and on behalf Of such
oity, but also with q view to such connections
and interohanges Of traflc by transfers or
otherwlse), and to such coordination With
said lines and with other transit" facilities
and terminals as shall best subserve the
public interest and convenience.
The object Of this provision, thepromoters
Of the Esberg bill say, was to make it posi-
a 1sH1 -. - 80 Nhan
those in the present traction syndicate in
New York city to bid for future subway
construction work, and il was thought this
could be best accomplished by providing
that all future lines OF sub ways should be
laid out 80 that they may be operated indie
pendently OF the existing subways. The
elimination OF this provision by the Senate
to-day permits the Rapid Transit Board to
contract for the construction Of future sub
ways as adjunots Of the existing subway
lines.
Another important provision Of the Els
berg bill was that the Rapid Transit Board
must let contracts separately for construc-
ton, for equipment n for operation of
future subway. lines. But this provision
was also changed in the Cities Committee
60 as to provide that the board may in the
future, as now, let a single contract for all
three branches of subway work with the
approval OF th Board of Estimate and
Apportionment. AS a matter of fact the
E1sberg bill as IL stands to-day Is harmless
90 far as the present traction interests In
New York city are concerned IL it keeps in
touch with the New York oity administra-
The vote on the Grady amendment was as
follows:
~.- ratnNa Aida parnna pRnuyn pnHr
Cassidy. Cobb, Coggeshall, Cooper. Cordts.
Davis, Fancher, Feohter. Gardner. Goodsell.
LTIommedieu. MsIby. Prime. Ralnes. Smith.
and Wilcox, Republicans and Cullen. Fitz-
gsrald, Iarady, Hasenfugs Martin and
MoCarren, Democrats-2e.
sNoes-Senators Bra okett. Carpenter.
Dresoher. Elsberg, Gates. Hill. Human.
Lswis. MoEwsn, Page. SAKE. Stevens. Tully,
WARWICK and White, Republicans: and Foley.
FreWley. Hawkins. Keenan,. Kehoe, Marks.
Quinn and Rlordan. Democrats-2s
The Senate has refused to order an inyesti-
CATION Of the alleged jury fixing practice Of
the Metropolitan Street Railroad Company
Ia New York city. Senator Marks tried
TO have taken from the table his resolution
requesting the Governor and Attorney
General TO cause such sn inquiry to be made.
but Senators Hawkins, Brackett, Dreso her,
keenan,, Marks and Raines were the only
Senators to vote to take 1t from the table,
while thirty-one opposed the motion. This
practically hlls the resolution.
Senator Marks will not stop at that.
After be failed TO have his resolution taken
from the table he introduced a bill similar
to the Bernstein bill In the Assembly, pro-
viding for the appointment OF q commi ssion
TO investigate the charges Of jury bribing.
II q bill introduced by Senator McCarren
OF Brooklyn passes the Legislature it will
have the effect largely OF breaking up the
practice OF taking straw bail bonds 80 COM
mon In New York city. 1t will also end the
partnership between policemen and the
professional bondsmen. Under the law
now a police captain or a sergeant oan admit
o person to bail hthe sum of 5000 II the per-
son Ia arrested on a charge where the pun
ishment is not more than thirty days i'm
prisonment. This has had the effect Of
policemen making many false arrests for
professional bondsmen give to the police
1nsn who help them in wringing tribute
from prisoners who prefer to give up rather
than suffer being looked up over night.
Senator McCarren's bill permits q police
captain or sergeant in his discretion to
parole such prisoners for examination in
the morning.
ambulances and hunting around for actions
will support beyond doubt the measures
introduced by Assemblymen S%prenger and
Surpless. Their bills would prevent indict-
mente being found against lawyers, as
was the case in the recent Brooklyn indict-
ments Of lawyers who had solicited claims
In connection with the sewer cases. The
Sprenger bilamends Section "a Of the Crimi-
nal Code, which prohibits a lawyer from
directly or indirectly Offering u oonsidera-
ton or i~nducenent for placing in his hands
a demand of any kind for the purpose of
bringing an action thereon. The amend
ment provides that an attorney will be per-
mitted TO make any necessary disburse-
ments in an action, essential to bringing
it to trial, or as an act Of charity to a per-
son In distress.
Section rs OF the Criminal Code Is also
amended by Mr.. Sprenger. 1t Is under this
section that a lawyer Is disbarred If con-
voted OF an offence under Section "A. Mr..
Sprenger says hat II a lawyer is convicted
under this section, he may be disbarred or
Suspended" .
Assemblyman Hoffman has introduced
the bill Of last year providing for local
option In the matter of the Sunday opening
OF saloons between the hours Of / P. NJ.
and II p. M.
Assemblyman Wainwright's bill com pei
ling the trust companies to kee p a reserve
fund was ordered to a third reading in the
Senate to-day and referred to the Banks
Committee. At first Senate Gardner OBJ
jeoted to the advancement. but was pre-
vailed upon to withdraw his objection.
The Senate passed Senator SaXe's bill
exempting the Studio Building in New York