The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-30
THE CITY DEBT LIMIT BILL
IT'S aDVANCEHENT PREVENTED
III SENATOR KESSEE.


senator NeWesmb WIN rry Co Rave %
Passed out % Iss order Monday Nlghs
--AWensIed Ansual ApprOpriatlsn EBisl
neported 60 thr senate aRa Advanced.
ALRANT. April 2S.-Legislation To carry
into effect tho constitutional amendment
adopted by the people last fall providing
for the elimination Of sslT-supporting
bonds from the New York city debt limit
computation. ~ framed by Assistant
Corporation Counsel Edward J. Mc0old-
rick. was introduced by the senate
Cities Committee to-day and referred to
the COMMITTEES OF the whole. Senator
Newoomb asLe,i that the bill be advanced
az once 20 the order OF final passage In
order that the BOARD OF Estimate might
get its petition before the Appellate Di-
vision at the May term. Senator kis~sl
oG Brooklyn objected to tho advance
msnt Of the bill and remained Obdurats
despite senator Newcomb's pleadinsa
that senator kisRel should not insist upon
his objection because this objection would
moan, serious delay in the advancement
Of subway construction contracts in Nex
York city. senator NewcOmb then put
in a notice that on Monday night he
would move to suspend the rules in order
20 take the bill up and pass it out Of its
order.
The bill provides for the determination
by the Appellate Division in the First
Department OF the amount Of bonds H.
sued for rapid transit aud dock purposes
prior To January I. 1910. which may be ex-
rfs.A In "A. 49,
This bill 10 intended To provide q means
by which the exclusion contemplated
In tho amendment can he secured. The
Comptroller 10 required. whenever di-
recesd by the Board % Estimate and
Apportionmsnt. TO certify 20 the board
certain facts regarding the rapid transit
and dock bonds.
The Board % Estimate may present a
petition to the Appellate Division setting
forth the facts and asking for a deterTni-
nation Of the amount Of bonds which
may he excluded under the constitutional
provision. This petition h to b adver-
tised for two weeks before the return day
81 q notice that tbs application will he
made. and on this return day tar payers
and bondholders may appear and file
answers II any material fact h RAISED
by IN answer fled the mGstss IL % he sent
to Justice OF ;he Supreme Court 20 take
testimony and report TO the Appellate
Division. Upon receipt Of this report.
or on the return day Of notice in cass
no material isslse Of fact has been raised.
the Appellate Division will set a TINA for
argument. and after hearing argument
u will make It's determination.
This determination ~ the Appellate d.
vision u made by the provisions OF the bill
conclusive. and not subject 20 attack In
collateral proceedings. At any time
thereafter. or from time to time. the Board
Of Estimate may secure q redetermination
by the Appsllats Division in the same
sort OF proceedings.
This provision for INSTRUMENTATION 10
made necessary by the terms OF the con
stitutiouAl amendment. which requires
that IL bonds onos excluded from the debt
limit because they are sslf-sussaining
later cease 90 he self -slIstaining they shall
l'e put hack within the debt limit The
ball permits taxpayers or bondholdsrs
20 start proceedings for q redatermina-
ton u permitted % do No by the AppellAts
Division.
The annual appropriation ball, which
WINS reported fAvOFably 90 the SEN
ate to-day after having been re
ducod in amount from the Assembly
figures by about SOD. 90. The hill carTles
the regular appropriation Tor tho annual
support u the Governments. aGgregating
81 .00OO00. The hill was ordsred N a
third rcading. and will pas next wOek
In the senate. after which a conference
viii he appointed 10 wind up
IT, consideration before tho legislature
before bsing sent 10 the Governor. As
semblyTnan Parker's public service Law
were reported favorably
in tho Senafs and referred TO the COM |
nittpe % the whole
A bill 81 Assemblyman Fay transfers
from the Board q Aldermen 10 the Board |
NJ Estimate and AppoFtionmsnt In New
York city the power tO order work or
supplies involving the expenditure 81
more than 81 .01O otherwise than by con-
tract. such an order "a he made by a three
fourths vote Of tn" full voting power %
the Board of Estimate
senator Agnew tried 10 have the
senate to-day amend the Perkins rae
ing bills 40 they would correspond
In the amendments made 20 the AgnsN
similar bills IN the Senate. senator Grady
vas on guard. however. and objected TO
lhi- procedure.