The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-09-28
CHARTER PROBABLY BEATEN
N1NE DEMOCRATIC SENATOR'S
SAY THEY WON'T vOTE FOR 1T.
Republican Caucus DecIirs TO Oppose
II anh Makes the Rcapport ionnent
Dill Party Measure lie gislaturc
Likely TO Adjourn Friday or saturday.


Albany. Sept % Indications tonight
are tha. the New York city charter and
direct nominations legislation will not he
passed by the Legislature AZ this session
The chertcr is considered dead except
by few Of It's supporters
The adjournment of the Legislature on
Friday night or Saturday is expected
after the passage of u Congressional re-
apportionment bill. the appropriation bills
and a bin desired Ivy the New York city
Public Service Commission which repeals
n new provision of the lien law passed las;
winter requiring subway contractors TO
give bond for the protection Of material
men and providing instead that the men
who furnish materials to the subway con-
tractors may have tho right to recoup
from the security now oNactcd from the
contractors for the protection Of the city.
Travis II Whitney. the secretary Of the
Public Service Commission. was in Albany
to-day urging this legislation. which has
been introduced by Senator Frawley Mr..
Whitney said thai IL the Frawley bill did
not pass the subway construction work
would be held up. rs the contractors are
required to put up surety bonds to the
extent of one-thrd If the cost of constr,ic-
tion for the protection of the material
men. which Mr.. Whitney said was i'm
practicable.
The Senate and Assembly met to-day
but were in session only long enough to
listen to the reading Of the message Of
Gov. Dix in favor of direct nominations
legislation In the Senate the message
on motion of senator Grady was ordered
printed and referred To the Judiciary Com
mittee. and in the Assembly it was laid on
the table senator Ferris announced
that II the Judiciary Committee did not
take some action on the question by to-
morrow he would call up the original
Ferris Blauvelt bill in the Senate.
When the Senate met to-day there
was an unusually full attendance. the only
absentoes among the Democrats being
Senators Wagner and Duhamel, giving
the Democrats a strength of twenty
eight votes, two more than required to
pass bill
II requires seventy-siS votes to pass a
bill in the Assembly. and of the eighty
five Democrats thirteen were absent
from to-day's session Nearly all of
them are expected here tomorrow. No
business was attempted in either branch
of the Legislature to-day and both houses
adjourned until tomorrow noon
Asscmbvman Foley. as chairman Of
the Assembly Cities Committee. reported
the New York charter favorablv to the
Assembly. and the Assembly Committee
on Rules met at once ard placed the
char ,"r on the Assembly calendar for
tomorrow on the order of fnal passage.
The Senate Cities Committee met this
afternoon and tn" proxies voted in favor
of tn. charter last week bv Chairman
Cullen wore made good by the personal
presence of tn. members and q new roll
call Senator Travis however. will object
to this proceeding, and contcnded that
the charter must b" treated as though it
were only reported from the committee
tomorrow.
One Senator after another on the Demo-
cratic side announced privately to-day
that he would not vote for the charter
Nine Democratic Senators took position
against il. including Senators Rurd Of
Erie Roosevelt of Dut, hess. Bavnc of
Richmond Harte of Queens, Duhamel.
Harden and Cronin of Kings and Stilwell
and SIX. of New York
They all had different reasons for op-
Posing the charter. senator Bavne said
he thought it was ihe lo-' charter
that had hoen drafted. and vet he
thought the people should have more
time 10 look II over before II WIS passed
by the Legislature. SrnGt 1r Burd thought |
the charter should h. submitted 10 a
vote of the yeople u"fnrr going into opera
tion. Senators trOnin and Harden said
their people would not stand for IN, char ,
ter. Senators Stllwell and SaNc said heir
objections We're too many 10 cnuTn.rata. |
Senat prS Cullen and Frawl.y. who have
charge of things in the Senate, would
not admit that the charter was beaten
and sllll had hopes of its passage In
view of th"-" developments Majority
Leader \ T.. Smith of tne Assembly mace
q hurried trip to New York city this after !
tain Charles + Murphy over ,he situation !
Mr.. Smith will he I'D, X on the Job bright 7,
and early in tn" morning
In view of tn" fact that the Republican |,
Senators and ASSrmblymen ca,Ic,issed to-
day and decided 10 vote against the char |
ter a. party measure the defeat of the |
charter II II il pressed 10 vote seemed |
certain tonight number of Demo-
cratic insurgent As-emblymen also have
announced that they are opposed to the
charter and one OF their spokesnen said |
there Were enough ln-lrgent Democrats
10 beat il in the Assembly. Unanimously
and without discussion the Republican
caucus adopted the following resolution
against the charter. which was offered by
Senator Edgar T. Bracket;
Resolved That II il the unanimous
opinion of the Republican members OF the
Legislature that when the Legislature
grants 10 municipality in this State a
charter Tor It's government, providing
that the electors Of such municipality
shall choose officials whose functions are
defined ty -ach charter. it has virtually
guaranteed 10 the people of that munich
pality hon-'n'"rierenCe on the part of the
state W!fA the :uaCtpns of such officials
durIng the tenn for which they have been
chosen by the electorate.
Legislation winch seeks radically to
chang" tn" powers oc officials during their
tenn is cnutCIUHr upon them powers
never given tT the people who elected
them or Is taking away from them powers
that the peopl" intended that they should
have Ia ei,h"r case - II vicious and a
breach OF iaith between the State and the
people OF The municipality,
For this, with IDhny other reasons. we
are opposed 10 the PENDING legislation
proposing d row charter for the CITY OF
New York
After disposing Of the charter the Re-
publican caucus took up the Congres-
sional rearporJnurLrn' hll There was