Year: 1876

ALBANY, Feb g. 1875
Though lawyers differ the point as TO the Legality
OF Mr. George W. Schuyler disoharging the duties Of
Canal Auditor after his nomination being rejected by
the Senate there little doubt among those unAccus
toned 10 harspttng in logic that Mr. Schuyler is, at
this moment, Illegally acting as Auditor The
Governor holds position this question
that Is clearly untenablo The debate in the
Senate on the subject confused the point at ISSUE
owing to a tendency OF the Speaker allow their
! guments to DO Influenced by party prejudice The
situation briny stated is that Thayer Cana Auditor,
suspended on certain charges made against him TO
the Governor Schuyler appointed ad interim,
pending the investigation Of Thayer's case Ia the
meantime Thayer resigned for some personal or po-
ltca motive, and Schuyler, who bad been act
ing loe3m tenens Of the Office, was nominated
by the Governor 'to he Auditor of the Canal
Department, in place of Francis s Thayer resigned"
il rs plain by the Governors words nominating
Schuyler that he recognized Thayer the Auditor up
to the moment Of his resignation The statutes state
clearly the nature Of the events that occasion
cancy before the expiration OF the term Of the Office
which il becomes the Governors duty to fill,
with the advice and consent Of the Senate-"the
| death of the incumbent his resignation, his
I removal from office" The simple for
the Governor TO pursue under the circumstances
would be to withdraw MT Schuylers name and send in





law Of the case entirely against him. So the result
that he stands not alone attitude Of hostility to
the Senate, but of defiance of The constitution Men
shake their heads and that the Governors shrewd
ness and common sense have been largely oyerrated,
and his action in the schuyler matter il poor show
ing for man who hopes TO handle the varied ele-
ments OF democratic national convention. He
might have given all the nominations
so far mentioned the republicans without imparing
whatever popularity he has with his party, and
secured in return an obging Senate willing TO meet him
!
heart AS things stand now be can hope for no sym
pathy support from the republicans


Mr. Woodn offered another resolution to-day calling
the Governor 10 state his views in regard TO the
tention of Schuyler as Auditor, but it was allowed


PRETTY LITTLE sKIRMlsu


took place in the Senate to-day over motion by Jacobs
TO 60 into executive session. Cole objected, whore
upon the President decided that unanimous consent
not necessary Woodin took exception TO this de-
csion, after reading from rules 46 and As insisted
under them the Senate went into executive
prescribed times and in order TO do at any other
time unanimous consent was necessary Jacobs hed
that the Senate had power over its own rules, and
could do anything It chose by majority vote


Woodn in reply made the admission that the rule
naming day tihe FIRST and third Wednesday of every
month"; which only the Senate should 20 into execu-
tive session framed for the object of controlling
nominations so az not TO allow the political minority
chance occasion tc run into executive session and
away with nomination from the Governor, who
with them IN politics IL was done in the
interest OF the political majority


The President, remarkably lucid explanation
decided that the Senate could go into executive session
at It's pleasure, and by vote OF the Senate the rresi
ocnt was sustained


MoRRrssEY's RELIEF BILL.


Senator Morrisseys bill TO relieve the anxiety OF
New York property holders in debt to the city in as
sessmcnts for local Improvements, by allowing them
the option of paying the same in three equal install
ments, extending over three years, from January l,
I 1876 was avoraby reported this morning with an
amendment reducing the interest from the regular
figure OF twelve TO eight cent provided the install
ments are fully paid up from year TO year.


mo FARE"


In the HERALD Of Saturday last the outlines were
given OF a bii to regulate the city railroad companies
hQTv w fact lad al
ready begun 10 lay pipes for It's ultimate defeat They
beasted last week that il would be buried deep after
would get out OF the hands Of tho Railroad Commit
tee thai even the HERALD would be unable to find out
the little Joker camo in and II is asserted by
few that will the daylight after the
mlttee get their clutches upon it, This bill eday
introduced by Mr.. Killian, and herewith append
full


The people OF the State OF New York represented In
Senate aud Assembly do enact as follows


o sOSons shall or


ss hD on S5.e Sh d sS Dn hSs , shall mot
demanded or collected ircn any passenger who shall be
with seat aforesaid and snail be allowed TO ride to his
provided company corporation agents
liable for such and violation Of the provisions this
than $500 il the discretion Of the Court.


pay S Sn TS no sS q s es s Ss
good sufficient for charge of assault suit
damages against such making ejectnent aud his n.
aured 10 place sufficient number Of on their lines aud
demands Of travel and the provisions Of This


WssS there ARE re mo Sesnt seat: in any
pieuous place on the outside Of such car showing forth that
said under the penalties prescribed in the first section Of
src. 5-This shall take effect Immediately.


INSURANCE


To-day Insurance bill introduced in the
Assembly, about the merits OF which great many
people here are widely divided IN opinion. II PROVIDES
that no policy Of life insurance shall be forfeited or
further than regards the right OF the parry insured
TO have u continued IN force beyond certain
net value OF the policy when the premium
becomes due and Is not paid shall DO
ascertained according 70 the combined experience on
actuarys rate OF mortality, with interest at five per
/ cent per annum, after deductng from the value
Indebtedness 10 the company or notes held by the
company against the insured which notes, II given for
premium, shall then DO cancelled Eve sixlhs OF what
remains shall be considered a net single premium
OF temporary insurance, and the term for which
il will insure shall be determined according
TO the age OF the party At the time Of the
lapse of the premium and the assumption of mortality
and interest II the death OF the party
within the torn Of temporary insurance covered by the
value OF the policy determined in the act and II no
condition OF the insurance other than the payment OF
premium shall have been violated by the insured tho
company shall be bound to pay the amount the pol
anything In the policy 10 the contrary notwthstand
ing, provided, however, that the company shall have
the right to deduct from the amount insured In the
policy the OF per cent per OF the
premiums that had been forebornc at the time OF the
death the insured


LEGISLATIVE MOTIFS


The Appropriation bill, reported by the Committee on
Ways and Means OF the Assembly, makes apprOpria-
tioRs for the State government amounting. TO
ST. 300 $50, which is somewhat less than the total APP
propriaton Of year 1855 900 appropriated Tor
Inc Legislature against $40 600 last year; for the
support OF the National Guard, t27O 000 beng s. 900
less than IN 1875.


The tax fixed for the support OF common schools ls
one and fourth Of mill which the rate as
last year bt the amount appropriated for the schools
81 7e7 725 az against 81 l2 900 last year The dvi-
dends TO common schools is fixed at $40 600 an IN
crease Of 5000 to state academies $4,000, de-
crease Of $4,000 State prisons given $500 900
and State printing, including binding Of books, &C,
$4,000


The Elevated Railroad, n A. J. Campbcl's bill Is to
become law VIII have TO reduce their rate OF faro
over the route between the Battery aud Thirty fourth
street to I'VE cents leaving the fare at tel
the full route


The Assembly, by resolution. has seat word to
Comptroller Green 10 know why he has not answered
the resolution adopted ten days ago calling upon him