The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-12
RAPID TRANSIT LEGISLATION.
BILL EXTENDING CITYS DEBT
LIMIT MAY NOT PASS.
Assembly Leaders Want II RecommItted
Two Bills Amending the Elsberg
Rapid Transit bill Passed Tuesday
Some Important Measures Reported.

ALBANY, April 11,-As far as the Assem-
bly, Is concerned the New York city rapid
transit situation promises to still occupy
some attention. Senator Elsberg was able
to get one bill through the Senate which
escaped opposition at the time, but its
far reaching character has since been dis
covered and 1t Is not likely to pass the As
sembly at any rate. This was shown to-
day when the leaders of the lower house
announced that the bill was a dangerous
one and they were opposed to 1t and wanted
IL ~recommitted. Action was deferred on
the motion to recommit until tomorrow.
The bill amends the State Constitution
and was a companion bill to the rapid transit
law amendments bill which passed the
Legislature yesterday. 1t amends the Con-
stithtion 10 as to exclude from the New York
city debt limit the bonds for rapid transit
roads and water front improvements.
The rapid transit bonds are self-paying
and Senator Elsberg argues that they should
not be included in the debt limit any more
than the dock improve nent bonds.
At the time the bill was reported from
the Assembly Judiciary Committee it was
contended that the proposed constitutions
amendment was only one step towardl
municipal ownership. Should the amend
ment pass the present and the next Legis-
lature and be ratified by the vote Of the
people of the State it would authorize New
York city to pond itself without limit for
future rapid transit roads and operate
them under municipal control, as provided
in the Elsberg bill passed yesterday.
, At first Senator Elsberg had the bill
-..A .,k~.ln.y gnnt IN Cow Hin
gins for his action. Before the Senate
adjourned tonight he had a resolution
adopted recalling the bill from the Gov
ernor, that 1t may be sent to Mayor Nc
Clellan for his action first.
In order to clear up a disputed provision
in the bill which passed yesterday it has
been necessary to introduce a companion
bill by Senator E!sberg and Assemblyman
Prentice. The bill was reported to-day by
the Assembly Cities Committee for amend
ment, reprinting and recommittal. When
the Rapid Transit Commission granted
its franchise in perpetuity to the Pennsyl-
vania Railroad the McAdoo tunnel was also
included in the terms of the grant. The
Elsberg bill corrects this by having the
grant in perpetuity apply to trunkl lines
only.
The language OF the bill would indicate
that only the Pennsylvania Railroad would
nave the right to build a tunnel and ter
minals underground in p~erpetuity. for the
bill refers to a railroad leaving" the city:
The New York, New Haven and Hartf ord
Railroad says it does not leave the city,
but enters 1t, and according to the bill It
could not operate a subway, 80 the bill
has been amended to meet this objection.
Senator Elsberg did not want TO incor-
porate this language in the bill that passed
the Assembly yesterday, for he was afraid
to take further. ohance in the Senate.
Consequently he has made the amendments
In a separate bill,
Although the Assembly Cities Committee
favorably reported Assemblyman Young's
bill legislating out of Office the present
Rapid Transit Commission it Is not going
to have an easy time passing the lower
house. To-day when the bill was reached
on the order OF second reading it was laid
aside for the present, which means there
were not enough votes TO pass it.
Mayor McClellan's water commission
is not to be interfered with by the Legis-
lature. To-day, when Assemblyman Yale's
bill abolishing the commission was reached
on the second reading calendar in the
Assembly it was ordered recommitted to
the Committee on Electricity, Gas and
Water, Supply. This means that the bill
il dead.
Foelker to-day would prohibit the Niagara,
Lockport and Ontario Power Company
from diverting water from the Niagara
River. This is the company that IS to
supply power for the electric roads in the
central and western parts Of the State
to be operated by the New York Central,
the power being transmitted from Niagara
Falls to Syracuse. Mr.. Foelker some
time ago introduced bills repeating the
charters Of all the power companies, but
the Assembly Judiciary Committee, to
which the bills we're referred, have ignored
them and instead reported Senator L'Hom-
medieu's bills repeating the charters of the
Lewiston water works, the Lewiston Waite r
Supply, the Buffalo and Niagara Power
Supply companies. These four bills passed
to-day.
To-day Mr.. Foelker introduced a bill pro-