(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Journal"

This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project 
to make the world's books discoverable online. 

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject 
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books 
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. 

Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the 
publisher to a library and finally to you. 

Usage guidelines 

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the 
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to 
prevent abuse by commercial parties, including placing technical restrictions on automated querying. 

We also ask that you: 

+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for 
personal, non-commercial purposes. 

+ Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine 
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the 
use of public domain materials for these purposes and may be able to help. 

+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find 
additional materials through Google Book Search. Please do not remove it. 

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just 
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other 
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of 
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner 
anywhere in the world. Copyright infringement liability can be quite severe. 

About Google Book Search 

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers 
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web 



at |http : //books . google . com/ 






► 





Digitized by VjOOQ IC 




\ 

^ 






Digitized by VjOOQ IC 



Digitized by 



Google 



Digitized by VjOOQ IC 



Digitized by VjOOQ IC 



JOURNAL 



OP THB 



S E N A T E 



OF THX 



STATE OF NEW YORK: 



AT THBIB 



NINETY-NINTH SESSION. 



BEGUN ANB HBLD AT THB CAPITOL, IN THB CITY OF ALBAKf, ON THB F0T7BTH 

DAY OF JANUARY, 1876. 




ALBANY: 

WEED, PARSONS & CO., PRINTERS. 
1876. 



HiA^^ii.-.^^ L>^^.t^gfe%y Google 

^61 




a.; ir: ... 



:', "^I^TS 



£:"•■— PI, 




Digitized by VjOOQ IC 



UNIVERIITY OF CHiCAaO 
LiBRARtEf^ 

266802 
MARCH 1930 



JOURNAL OF THE SENATE. 



• ♦• 



STATE OF NEW YORK : 

SENATE CHAMBER, IN THE CITY OF ALBANY, 
TUESDAY, JANUARY 4, 1876. 

Parsnant to the sixth section of the tenth article of the Conbtitution 
of the State of New York, designating the first Tuesday in January, in 
each year, for the time of the meeting of the Legislature, Hon. William 
Dorsheimer, Lieutenant-Governor, and the following Senators from the 
several districts of the State, appeared in the Senate, to wit : 

District Number One L. Bradford Prince. 

District Number Two John R. Eennaday. 

District Number Three John G. Jacobs. 

District Number Four John Morrissey. 

District Number Five James W. Booth. 

District Number Six Caspar A. Baaden. 

District Number Seven James W. Gerard. 

District Number Eight Francis M. Bizby. 

District Number Nine William H. Robertson. 

District Number Ten Daniel B. St. John. 

District Number Eleven B. Piatt Carpenter. 

District Number Twelve Thomas Coleman. 

District Number Thirteen Hamilton Hams. 

District Number Fourteen Augustus Schoonmaker, Jr. 

District Number Fifteen Webster Wagner. 

District Number Sixteen Franklin W. Tobey 

District Number Seventeen Darius A. Moore. 

District Number Eighteen James F. Starbuck. 

Kstrict Number Nineteen Theodore S. Sayre. 

District Number Twenty David P. Loomis. 

District Number Twenty-one Benjamin Doolittle. 

District Number Twenty-two Dennis McCarthy. 

District Number Twenty-three William C. Lament. 

District Number Twenty-four. . « John H. Selkreg. 

District Number Twenty-five William B. Woodin. 

District Number Twenty-six Stephen H. Hammond. 

District Number Twenty-seven George B. Bradley. 

District Number Twenty-eight William N. Emerson. 

District Number Twenty-nine Dan H. Cole. 

District Number Thirty Abijah J. Wellman. 

District Number Thirty-one , 

District Number Thirty-two Commodore P. Vedder. 



Digitized by 



Google 



4 [TcjBBDATi 

Prayer by Rev. Dr. Clark. 

The Senators present having taken and subscribed the constitutional 
oath of office, the President declared the Senate organized and ready to 
proceed to business. 

The LientenaQt-Governor arose and addressed the Senate as follows : 

Senatobs : It is my privilege to welcome you to the honorable labors 
for which vou have been chosen. A task like yours can never be lightly 
assumed, out I may suppose that your sense of responsibility is deep- 
ened by the interesting historic memories with whicn this time, so full 
of natriotic suggestions, will fill your minds. 

On the 28d of Mav, 1775, the Provincial Congress of New York assem- 
bled in the city of New York, in open war against the King of Great 
Britain, to whom the Colony had long been subjected, and to the defense 
of whose crown, in many times of public peril, it had contributed its full 
share. 

The Congress was organized by the election of Peter Van Brugh Liv- 
ingston, of New York, President, and Volkert P. Douw, of Albany, Vice- 
President. 

Among the members of thb Congress whose names became known, 
either in their own persons or in those of their descendants, I find Isaac 
Low, Isaac Roosevelt, John De Lancy, Samuel Verplanck, Richard Yates, 
Thomas Smith, of New York ; Robert and Abraham Yates, Walter Liv- 
ingston, Robert Van Rensselaer, Abraham Ten Broeek, of Albany ; Gil- 
bert Livingston, Jonathan Landon, Melancthon Smith, and liichard 
Montgomerie, of Dutchess ; Johannes Hardenbergh and James Clinton, 
of Ulster ; Nathaniel Woodhull and Selah Strong, of Suffolk ; Johannes 
£. Lott, Theodosius Polhemus, and John Vanderbilt, of Kings ; Zebulon 
Williams, of Queens, Gouverneur Morris, Daniel Dayton, and William 
Paulding, of Westchester. 

By the Ordinance of October 29, 1775, provision was made for the 
election of a new Congress, which assembled in New York on ihe 6th 
day of December following, and Colonel Nathaniel Woodhull, of Suffolk, 
was elected President. In this Congress I find these notable names, in 
addition to many of those I have mentioned : John James Bleeoker and 
Leonard Gansevoort, of Albany, and Robert G. Livingston, of Dutchess. 

This Congress adjourned on the 22d day o*' December, 1775, having 
created a Committee of Safety, and invested it with ample powers. The 
committee met on the 'Sd day of January, 1770, and Colonel Pierre Van 
Cortland, of Westchester, was chosen president. 

The proceedings of the committee, on the 4th day of January, 1776, 
seem to me to have a peculiar interest, and I venture to detain you while 
I refer to them. 

The committee met at ten o'clock in the morning. After sundry mat- 
ters of business had been dispatched, a draft of a letter to the Continental 
congress was read and approved of. . I will read a portion of it : 

*' In Committee of Safety for the Colony of New York, during the recess 
of Congress. 

" Januaby 4, 1776. 

'^ Gbmtlemsn : We have engaged two vessels to dispatch to Europe 

for the purpose of procuring arms and ammunition, but the season of 

the year has prevented wheat from coming to market to expedite them 

BO early A we could wish, to have a return in proper time. In these 



Digitized by 



Google 



Ji». 4.] 5 

difficulties, we are unable to get bills of exchange of gold or silver to dis* 
patch those vessels, which we fear will totally defeat our design. We 
oa?e, therefore, been led to cast our attention on flax-seed, as the only 
commodity in our power which will rid us of our difficulties." 

The letter then urges Congress to grant permission for the exportation 
of the flax-seed. 

During the afternoon session, the following curious petition was read . 

* To the Honorable Committee of Safety of the Colony of New York : 

"The petition of Thomas Place, of Queens county, Long Island, 
humbly showeth : 

"That your petitioner, by the persuasion of those whom he looked 
upon to be his friends, voted against Provincial delegates in the last 
election held in Queens county, for which he is extremely sorry and sin- 
cerely repents of his conduct." 

The petitioner then asks for this relief : 

" Your petitioner, therefore, most humbly prays that this honorable 
committee would be pleased to take his case into consideration, and 
restore him to the good opinion of those who are friends to the liberties 
of this continent by declaring to the world that your petitioner is 
extremely contrite for his late conduct in opposing the choice of Pro- 
vincial delegates, which your petitioner candidly acknowledges was occa- 
sioned by the artful persuasion of others." 

A like petition of Gabriel Van Cott, of Queens county, was aho read 
and filed. 

Senators, it is not for me to advise you as to your conduct; but, if any 
citizens of the State should repent of their votes at the late electioT), 
and perhaps we all think there are many who ought to do- so, I beg you 
to take their cases into your careful consideration, and restore them to 
the good opinion of their countrymen, by declaring that they are " ex- 
tremely contrite for their conduct," and that their error was occasioned 
"by the artful persuasion of others." 

But it was not to excite a smile that I read this record of poverty and 
simple manners, but rather that you might draw the contrast between 
that time and this — between them and you. Fortunate, indeed, will you 
he, if you shall use your larger opportunities as wisely as they used theirs. 
They had to contend with poverty, with foreign and domestic foes, but 
the dangers which are before you — the corruption of wealth, the strife 
of parties, the love of power, the enervation of luxury — these have 
always proved an enemy more to be dreaded than the open foe, however 
formidable. 

They set out on a course of public conduct which has proved a signal 
blessing to mankind. The tongue cannot describe the marvels of this 
century of freedom. It is for you to follow in their high career. It is 
for you so to begin the second century, that the triumphs of the past, 
shall be repeated in the future ; that the nation's strength, no longer 
needed for the conquest of nature, the building of cities and the founding 
of States, shall seek other employment, perhaps the pursuit of knowledge, 
and the practice of those arts 

"Which give 
Light to a world, and make a nation live." 

I cannot frame a more impressive exhortation than to urge you to do 
your part as well as they did theirs ; and to wibh that your names, an 
hundred years from now, may be spoken as reverently as we speak theirs. 

Digitized by VjOOQ IC 



6 [TuXBDATi 

Mr. Cole offered the following : 

Jtesolvedy That Henry A. Glidden be and he is hereby appointed Clerk 
of the Senate. 

Mr. Hammond moved to amend by striking out the name of '' Henry 
A. Glidden," and inserting the name of '* Charles H. Paddock." 

The President pat the question whether the Senate would agree to said 
motion, and it was decided in the negative, as follows : 





FOB THB 


▲FFIBMATIYB. 






Bixby 

Bradley 

Gerard 


Hammond 

Jacobs 

Kennaday 




Lament 
Loomis 
Morrissey 


St. John 

Sohoonmaker 

Starbuck 


l^ 




FOB 


THB NBGATITB. 






Baaden 

Booth 

Carpenter 

Cole 

Coleman 


Doolittle 

Emerson 

Harris 

McCarthy 

Moore 




Prince 

Robertson 

Sayre 

Selkreg 

Tobey 


Vedder 
Wagner 
Wellman 
Woodin 


19 



The President then put the question whether the Senate would agree 
to said resolution, and it was decided in the affirmative. 

Mr. Doolittle offered the following: 

Hesolvedy That Hudson C. Tanner be and he is hereby appointed steno- 
grapher of the Senate. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Mr. Woodin offered the following : 

jResolvedj That John W. Corning be and he is hereby appointed ser- 
geant-at-arms of the Senate. 

Mr. Loomis moved to amend by striking out the name of " John W. 
Coming," and inserting the name of " Francis G. Bowles." 

The President put the (juestion whether the Senate would agree to 
said motion, and it was decided « in the negative. 

The President then put the question whether the Senate would agree 
to said resolution, and it was decided in the affirmative. 

Mr. Tobey offered the following : 

Hesolvedy That James L Hart be and he is hereby appointed assistant 
serseant-at-arms of the Senate. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Mr. Booth offered the following : 

jResolved^ TheX William A. Gedney be and he is hereby appointed 
assistant postmaster of the Senate. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Mr, Wagner offered the following : 

JReaolved^ That Frederick M. Burton be and he is hereby appointed 
doorkeeper of the Senate. 

Mr. Schoonmaker moved to amend by striking out the name of *' Fred- 
erick M. Burton," and inserting the name of " Kichard D. Shaler." 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the negative. 

The President then put the question whether the Senate would agree 
to said resolution, and it was decided in the affirmative. 



Digitized by 



Google 



Jak. 4.] 1 

Hr. Coleman offered the following : 

Bmktd^ That Weheter Howard be and he is hereby appointed firat 
Mflistant doorkeeper of the Senate. 

Mr. Gerard moved to amend by striking oat the name of "*' Webster 
Howard,'* and inserting the name of " Frank J. O'Donnell." 

The President pat the qaestion wliether the Senate woald agree to said 
motion, aad it was decided in the negative. 

The President then pat the question whether the Senate would agree 
to said resolation, and it was decided in the affirmative. 

Mr. Selkreg offered the following : 

Besoivedy That George A. Johnson be and he is hereby appointed 
janitor and keeper of the Senate chamber. 

The President pat the qaestion whether the Senate would agree to said 
resolation, and it was decided in the affirmative. 

Mr. Harris offered the following : 

Besoivedy That Robert Mclntyre be and he is hereby appointed assist- , 
ant janitor and keeper of the Senate chamber. 

The President put the qaestion whether the Senate would agree to said 
leBolntion, and it was decided in the affirmative. 

Mr. Woodin offered the following : 

Resolved^ That Bev. Ebenezer Hallev be appointed chaplain of the 
Senate for the present session, and that his compensation be the same as 
that heretofore paid the various officiating clergymen for similar services, 
to wit, three dollars per day. 

Mr. Hammond moved to amend by strikingout the name of '^ Rev. Ebe- 
neser Halle^," and inserting the name of ^' Kev. Edward Selkirk." 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the negative. 

The President then put the question whether the Senate would agree 
to aaid resolution, and it was decided in the affirmative. 

Mr. Vedder offered the following : 

Besdvedj That a committee of two be appointed to wait upon His 
Excellency the Governor, and inform him tnat the Senate is organized 
and ready to proceed to business. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

The President announced as such committee Messrs. Vedder and 
Bradley. 

Mr. Prince offered the following : 

Resolved^ Th^t a committee of two be appointed to wait upon the 
honorable the Assembly, and inform that body that the Senate is organ- 
ised and ready to proceed to business. 

The President put the <]^uestion whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

The President announced as such committee Messrs. Prince and Star- 
buck. 

The President announced the following appointments : 

I^uidenfs Secretary — J. Stanley Brown. 

Presidenfs Messenger — J. H. McDonald. 

The President presented a Preliminary Report of the Secretary of 
State upon the Census or Enumeration of the Inhabitants of the State 
taken m the year 1875; which was laid upon the table and ordered 
printed. 

{See Doe. No. 6.) 



Digitized by 



Google 



8 [TUBSDAV^ 

*Mr. Starbuck presented a petition of Judson W. Breed contesting the 
seat of Hon. Commodore P. Yedder, Senator from the Thirty-second 
Senatorial district ; wbicli was read and referred to the committee on the 
judiciary, when appointed. 

Mr. Booth presented a petition of William Laimbeer contesting the 
seat of Hon. James W. Gerard, Senator from the Seventh Senatorial 
district ; which was read and referred to the committee on the jadiciary, 
when appointed. 

Mr. Prince presented a petition of Woodruff L. Barnes relative to 
church property ; which was read and referred to the committee on 
charitable and religious societies, when appointed. 

Messrs. Yedder and Bradley, a committee appointed to wait upon the 
Governor and inform him of the organization of the Senate, reported 
that His Excellency would communicate with the Senate by message. 

Mr. Robertson offered the following : 

JResolvedj That the Clerk of the Senate make the usual arrangements 
for the payment of postage on all papers received and sent out by Sena- 
tors, and also on all public documents sent out by Senators and officers 
during the session ; the postage on any document liiot to exceed forty 
cents ; and also to send by express any document costing over forty 
cents. 

The President put the (question whether the Senate would agree to said 
resolution, and it was decided in the affirmative, as follows: 

FOU THB AFFISKATTVE. 

Baaden Doolittle Loomis Sayre 

Bixby Emerson McCarthy Schoonmaker 

Booth Gerard Moore Selkreg 

Bradley Harris Morrissey Starbuck 

Carpenter Jacobs Prince Tobey 

Cole Kennaday Robertson Wagner 

Coleman Lament St. John Wellman 28 

The President presented the Annual Report of the Treasurer of the 
State of New York ; which was laid upon the table and ordered printed. 

{See Doc. JVo. 6.) 

A message was received from His Excellency the Governor, and read 
in the words following : 

STATE OF NEW YORK: 

ExEcunvB Ohahbbb, 1 
Albany, January 4, 1876. J 
To the Leffialature : 

The annual meeting of the legislative assemblies, at the begin- 
ning of the new year, finds the people of this commonwealth in the 
enjoyment of blessings, which ought to fill us with reverent thank- 
fullness to Him from whom cometh every good and perfect gift. 
Whatever the earth could yield to the labor of man, under the 
fructifying and genial forces of nature, we have garnered. Health, 

Seace and domestic tranquillity have been ours. Capacities to pro- 
uce in largest abundance and with least sacrifice, or to acquire by 
exchange through the best natural and artificial macliinery of trana- 
port and travel, all things which minister to material well-being, to 

Digitized by VjOOQ IC 

/ 



Jan. 4.] 9 

ihe probpentv aud wealth of a State, and to the comfort and felicity 
of it8 individual members, have been, and are subject to our use. 

It was early discovered that New York possessed within her ter- 
ritory the natural passes of military operations which, in thh wars 
for colonial existence and for national independence, cross-tracked 
onr soil with fire and blood. Our territory was also found, on the 
later development of the national growth, to occupy the natural 
thoroughfares of travel and trafic. It touches the ocean with a 
harbor ever open, accessible and safe, close bv whose gates the 
ocean currents compel to pass nearly all transatlantic navigation to 
and from this country. It connects that harbor and the tranquil 
Hudson on the north with Lake Champlain and the Canadas, and 
on the west by a level crossing the bases of the mountain ranges 
that traverse the continent, with Lake Erie and its chain of great 
.inland seas, bordered by rising commonwealths, which are the 
marvels of modem times. 

We are, with our fellow-citizens of the other States, joint inherit- 
ors of a system of government — the selected product of the oldest 
existing civilization — formed according to the best ideals evolved 
from human experience, but freed from the overgrowth of habits 
and interests elsewhere incident to such experience ; and planted in 
the virgin soil of an unoccupied continent, abounding m all. the 
^ifb of nature. Our population, by the census just taken, is near 
tonr and three-quarter millions. Our annual product of agriculture 
is still greater than that of any of our young rivals, whom we con- 
template with admiring pride as in part the creations of our policy 
and the swarming homes of our own children. Our domestic manu- 
factures are larger than those of any other State. Our foreign com- 
merce is once and a half that of all the rest of the Union. 

Common schools, in which are taught a million of youths, and 
seminaries of higher learning, are training our successors to improve 
on whatever they can inherit from the present generation. Institu- 
tions of charity dispense everywhere their benefactions, and the 
surface of our whole domain is dotted thickly by edifices whose 
spires point to Heaven. 

If, on this fair picture, there are spots that indicate a recent pre- 
valence of private waste or folly, or that disclose evils or wrongs 
by Government, resulting in much temporary distress, let us 
remember with humility that we have been in part the authors of 
what we deplore, or, at least, consenting witnesses ; and let us be 
grateful that we can reform what is amiss ; and that, to our hands, 
under Ood, is committed our own future. 

DEBTS OF THE STATE. 

The nominal amount of the debts of the State, as they appear on 
the books of the Comptroller, without deducting the sinking funds 
applicable to their payment, on the 30th of September, 1875, the 
close of the last fiscal year, was $28,328,686.40, classified as follows : 

[Senate Journal.] 2 

Digitized by VjOOQ IC 



10 t't^UESDAt, 

General fund $3,119,526 40 

Contingent 68,000 00 

Canal 10,086,660 00 

Bounty 15,054,600 00 

$28,828,686 40 

THE SINKING FUNDS. 

The amount of those debts, on the 30th of September, 1875, after 
deducting the assets in the sinking funds at that time applicable to 
their payment, is exhibited by the following statement, furnished 
by the Comptroller : 



Oeneral fund 
Contingent . . . 

Canal 

Bounty 

Totals.... 



Debt 
Sept. 30, 1875. 



Sinking Fund, 
Sept. 9D, 1878. 



$3,119,606 40 

08,000 00 

10,086,060 00 

15,054,500 00 



$38,828,686 40 



$3,020,606 70 

36,677 64 

1,448,346 51 

*9,066,758 29 



$13,581,382 14 



Balance. 



$80,920 70 

31,322 86 

8,638,314 49 

6,967.740 71 



$14,747,304 26 



The actual reduction, during the year, of the debts by cancella- 
tion of matured stocks, and by the purchase of $858,000 of the 
bounty loan for the sinking funcl, is $1,870,770, 

The diminution during the year, of the debts, after deducting 
the assets of the sinking fund, is $2,744,505.06. 



THE BOUNTY DEBT. 



But even this exhibit does not completely show the situation of 
the sinking funds as we are to deal with them in the legislation of 
your present session. The appropriations made at the last session 
became operative on the first of October, 1875. The taxes levied 
for the fiscal year, beginning on that day, are in process of col- 
lection. 
. The appropriation for the bounty debt sinking fund was $4,260,000. 
If that sum be deducted from the balance of $5,987,746.71, as 
shown in the table for the 30th September, 1875, there would 
remain but $1,727,746.71 to be provided for by your legislation. 

The near approach of the extinction of the bounty debt suggests 
a retrospect. If it had been a necessary condition to a restored 
union, our people would not count its cost. But it was essentially 
an after- war adjustment, and if the criticism of the Comptroller, in 
his report of 1875, be just ; that though created " nominally to pay 
bounties to the volunteer soldiers, who enlisted in the service of the 
United States during the rebellion, but only an inconsiderable part 
of this sum is believed to have reached the soldiers who were actu- 
ally engaged in the contest," the experience would be chiefly useful 



* Deducting Interest accrued to October 1, 1875, payable January 1, 1876. 

Digitized by VjOOQ IC 



Jan. 4.] 11 

in illustrating the magnificent costliness of improvident debt. The 
appropriations for it in the last ten years amount to $39,983,862.97, 
and interest would swell the present cost to at least $50,000,000. 
When the appropriation of the present year shall be added^ the 
people of this State may be congratulated on its extinction. 

CANAL DEBT. 

The appropriation at the last session for that portion of the canal 
debt, known as the floating canal debt, was $266,000, which will 
complete its payment and leave a small surplus in tlie sinking fund. 

On the other hand, the sinking fund for the canal debt proper, 
will fail to derive from the revenues of the canals the whole amount 
of the installment required, and a deficiency of $625,610.70 will 
have to be supplied. 

WHOLE AMOUNT OF DEBTS. 

The application of the sums appropriated from taxes, now in pro- 
cess of collection, would reduce the State debts to about ten and 
one quarter millions of dollars, exclusive of accruing interest. 

Another observation ought to be made in respect to the sinking 
funds. Nearly twelve hundred thousand dollars of the assets^ con- 
sigt of premiums on its stocks at cost or at present market rates. 

It is clear that the operations of the sinking funds should be re- 
vised. The best investment, certainly the safest, for a State as for 
an individual, is in the payment of its own debts, if that be possible 
on reasonable terms. Individuals seldom find easy credit any thing 
but a snare ; States never. A large mass of cash on hand, even if 
in sinking funds, tempts to improvident expenditure and to illegiti- 
mate use. 

OONSTTrUTIONAL RBSTBICmONS ON PUBLIC DEBTS. 

Thirty years ago, in June, the convention sat, which formed our 
present Constitution. It was called into being chiefly to impose 
restraints on the power of the government of this State to contract 
debts. The purpose of the people to establish these guards against 
their agents was the result of i years of animated discussion. The 
restraints were carefully devised. They have been useful, and, in 
the main, eflTectual. In 1846, our State debts were nearly twenty- 
four millions. In 1876, they will be reduced to ten and a quarter 
millions. 

The convention considered plans for applying such restrictions to 
all municipal bodies and local governing oflScials. They did not 
feel able, in the period of their session, to mature satisfactory pro- 
visions. They devolved the duty on the Legislature, commanaing 
its performance. Their injunction has been unexecuted ; and in 
1876 the city of New York has a debt of one hundred and twenty- 
two millions after deducting its sinking fun /Is, against a debt of less 
than fourteen millions in 1846. The other cities of the State owe 
sixty millions, and many counties and towns are also largely bur- 
dened. 

Digitized by VjOOQ IC 



12 



[Tuesday, 



Sole Burviying member of thf) committee which prepared the 
conBtitntional restrictions on the creation of State debts, I might be 
permitted, in honor of the illustrious dead, to trace the moral, our 
experience has since proved, of the utility of their work ; but I 
hav^ recounted the results to show that the policy was then, and is 
now, absolutely necessary to the safety of the people in all State 
and local governments. 

TAXES FOB STATE PUBPOSES IN 1874. 

The taxes levied by the Legislature of 1874, were 7J mills on a 
valuation of $2,169,307,873. Their produce, when all realized, is 
$15,727,482.08. 

IN 1875. 

The taxes levied by the Legislature of 1875, were six mills. They 
were computed in the Comptroller's office and in the Legislative com- 
mittees on the valuation ot the previous year. On that basis, their 
produce would have been $13,015,847.24. 



THE BEDTJOnON. 

The reduction would have been $2,711,634.84. But the valua- 
tion was increased to $2,367,780,102. The produce of a six mills 
tax on that amount is $14,206,680.61. The increase of the valua- 
tion gives an excess over the estimated amount of $1,190,833.37. 
The reduction actually effected is $1,620,801.47. 

APPBOPBIATIONS OF 1*875. 

A reduction of taxes, without reduction in appropriations, 
would but create a deficiency and a floating debt. These would 
have to be paid by a subsequent increase of taxes. The appropria- 
tion bills were framed to correspond with the lower valuation, and 
much efifort was made to keep down the appropriations. The 
result is shown in the following table : 

APPBOPBIATIONS AND TAXES OF 1875 COMPABED. 





Mills. 


Appropria- 
tions of 1875. 


Tax Com- 
puted on valu- 
ation of 1874. 


Tax Com- 
puted on valu- 
ation of 1875. 


Excess. 


SohoolB. 




$2,712,000 00 
4.300,000 00 
1,000,000 00 
266,000 00 
422,708 90 
2,966,826 00 
1,625,213 68 


$2,711,684 84 
4,838.616 76 
1,064,658 04 
271168 48 
488,86167 
2,982,798 83 
1,198,119 dii 


$2,059,725 18 
4,735.560 20 
1,188.800 06 
296,972 61 
478,566 02 
3.255,607 64 
1.802,279 06 


$248,090 29 
896,044 45 
99,296 11 
24,809 08 
89,604 45 
272,809 81 
109,150 73 


BoUDtf debt 

Capitol 

Canal Floating Debt. . 

General PurpoMs! .... 
Deficiency and Asyrs 






$18,172,806 48 


$18,015,847 24 


$14,206,680 61 


$1,190,883 87 


Bzoeas of appropriations over tax, computed on valuation of 1874 

Bxcess of tax, computed on valuation of 1876, over tax computed on 
valuation o f 1W4 


156,968 10 
1,190,888 37 


Exoees of tax, computed on valuation of 1875, over appropriations of 
1876. 


1,038,875 18 







Digitized by 



Google 



Jan. 4.J 



13 



The reduction in the appropriations of 1875, below the taxes of 
1874 — counting) at its true construction, one item about which 
there may be some doubt — is $2,554,677.66. This leaves the ftum 
of $1,033,875.18 applicable to the reduction of taxes for the coming 
fiscal year. 

RBDUCTION OF APPROPRIATIONS FROM OAKAL REVENUES OR FUNDS. 

The appropriations for ordinary expenses and repairs of the canals 
made at the last session for the fiscal year beginning October 1, 
1875, were $1,109,150, and for the cnrrent fiscal year a special con- 
tingent provision of $150,000, making $1,259,150. The like 
appropriations made at the session of 1874, were $1,424,510 ; and a 
provision for the then current year for deticiencies of $250,000. The 
reduction in 1875, as compared with 1874, is $415,360. 

The canal re-appropriation bill in 1874 re-appropriated $917,319.63; 
that of 1875 re-appropriated $340,079.19. The diminution is 
$577,240.44. 

The amount raised by former taxes, reclaimed into the treasury 
by striking out items in the re-appropriation bill of 1875, is 
$67,765.69. 

rrEMS OF REDUCTION OF TAXES. 

The objects in respect to which a reduction of taxes was effected, 
were: 





1874. 


1875. 


Reduction. 


Asyluiiis and reformatory.. 

QmneiTUl DIlTDOSOa 


$1,806,144 30 
818,400 46 

4,189,476 84 


None. 
$479,800 00 
8.00(5,117 06 


$1,898,144 80 
838. 000 45 
4fl8,368 18 












$2,725,198 00 



1. In respect to the first item, the memorandum assigning reasons 
for withholding the executive sanction from the bill making appro- 
priations for extraordinary repairs to the canals, contains the follow- 
ing observations : 

"The budget for extraordinary repairs, as originally prepared, 
proposed an expenditure of $1,400,000. In the ordinary course of 
things, the additions, which would have been made to it during its 
passa^ through the two houses, by the friends of local objects able 
to innuence those bodies, would probably have swollen it to as great 
a magnitude as the bill of last year for the same purpose, which 
amounted in tax to nearly $1,900,000. 

**■ It was in this condition of things, when the routine, which had 
become so firmly established, was likely to bring for my action, bills 
wfaich could not be totally rejected, ana perhaps, could not be effect- 
oally altered, and which would practically continue the existing 
systems of canal expenditure, against which I had objected in my 
annual message and invoked retrenchment and reform, that I felt it 
my duty to enter upon the investigation, which resulted in the 
special message of March 19, 1875. 

Digitized by VjOOQ IC 



14 [Tuesday, 

*' The discussion which ensued generated a spirit in the legislative 
bodies, and amonfij the people, that triumphed over and broke up 
the routine, hitherto dominating, and which, like an enchanted ship, 
movine onward in its course without a crew, was drifting us into a 
repetition of all improvidences, abuses and frauds, so long infesting 
this department of the public administration. 

" The results of this aiscussion will be found in a reduction of the 
appropriations for the expenses of collection, superintendence and 
ordinary repairs, and in the extinction of expenditures for extraor- 
dinary repairs." 

2. The reduction in the second item was the result of a policy 
adopted by the finance committees of the two houses, with my con- 
currence, of confining the appropriations to such sums as would 
make available and bring into use the portions most nearly approach- 
ing completions of the asylum and reformatory, now in the course of 
construction. The appropriations allowed to pass conform, in the 
main, to that plan. 

8. Tlie memorandum assi^ing reasons for withholding the 
executive sanction from certain items of the supply bill, expressed 
the belief that " with the reductions made in the legislative bodies, 
and by the refusal of the executive sanction to items and bills 
passed by the Legislature, the expenditures and appropriations 
ought not to exceed the taxes levied, and the reduction of taxes 
win be a clear saving to the people." It added that " the failure of 
sundry items and bills to receive the executive sanction will reduce 
the appropriations as follows : " And it enumerates such items to be 

paid by taxes amounting to $332, 169 00 

And items stricken out which reclaim cash to the 

treasury 67, 765 00 

$399, 934 00 
And items to be paid out of canal revenue $365, 946 00 

The failure to keep the appropriations down to the taxes levied, 
on former occasions^ nas led to deficiencies in the treasury and float- 
ing debts, which are forbidden by the Constitution, and to viola- 
tions of the sinking funds. We cannot too vigilantly guard against 
a recurrence of these evils ; or insist too inflexibly that no appropria- 
tion, shall be made until the means of paying it shall have been 
provided. 

REDUCTION OF STATE TAXES FOR 1876 TO ONE-HALF THE TAXES 

OF 1874. 

The taxes for State purposes in 1874 were 7i mills 

on a valuation of $2,169,307,873, producing $15, 727, 482 08 

The taxes for State purposes in 1876, if reduced to 

3.625 mills on the valuation of 1874, or 3.321 

mills on the valuation of 1875, which is 

$2,367,780,102, would yield 7, 863, 741 04 



Digitized by 



Google 



Jan. 4.] 15 

After a careful consideration of the elements of the question, I 
have arrived at the conclusion that a reduction, substantially of this 
extent, can be eflFected without detriment to the public interests, if 
there exist no deficiencies yet undiscovered in the public accounts, 
and if no extraordinary necessity for new appropriations shall arise. 

It may be proper to indicate some of the chief particulars in 
which this reduction can be made : 

1. Payment on debts of the State. 

Appropriations Necessary 
In 18T4. in 1876. 

Forboontydebt |4;360,000 00» |1,727,746 00 

For canal debt 198,888 00 625.610 70 

14,458,888 00 |2,858,356 70 

Reduction $2, 105, 531 '30 

2. Canal Expenditures. 

1874. 1878. 

For extnoidinarY lepaira $1,808,144 39 None. 

Forawaids 474,536 10 $172,680 49 

$2,872,680 49 

Reduction — which, as to canal awards, is estimated 2, 200, 000 00 

3. Reduction by means of surphis of taxes in 1875 . . 1, 033, 875 18 

4. The taxes provided for general 
purposes in 1875 were less than 

those of 1874 by $493,358 18 

The excess of appropriations over 
taxes computed on the old valua- 
tion was 156, 958 19 

Balance $336, 399 99 

Goanting on the same appropriations this year, 
there will be a reduction of 336, 399 99 

5. The tax for new asylums and 
reformatory in 1874 was $813, 490 45 

The appropriation for 1875 was 479, 800* 00 

Balance $383, 690 45 

If the same appropriations were made in 1876 as in 
1874, the reduction would be 333, 690 45 

The reductions effected in these items would be. . . $6, 009, 496 92 

In order to effect the diminution of taxes one-half, 
there would remain to be effected out of the 
other appropriations a further reduction of 1, 854, 244 12 

The other taxes in 1875, as appropriated, were : 

For new capitol 1, 000, 000 00 

For asylums and reformatory 479, 800 00 

$1, 479, 800 00 

Digitized by VjOOQ IC 



1 6 [Tuesday, 

Kemainder of taxes appropriated for general pur- 
poses, 1874 $3, 696, 117 66 

Taxes appropriated for schools, 1874 2, 660, 000 00 

Total $7,835,917 66 

A quarter of that would be 1,958,979 41 

The balance of the reduction proposed is 1,854,244 12 

Three-quarters of the reduction contemplated will have been 
effected out of half the taxes in the items mentioned. There would 
seem to be no difficulty, out of the remaining half of the taxes, to 
make the remaining quarter of the proposed reduction. The sub- 
ject will be further discussed when the principal objects of the 
expenditures are separately considered. 

THE PERMANENT RESULT. 

It is not intended to insist on positive exactness of results. In 
the exigencies of a great State, unforeseen necessities may arise. 
But, in private business, and in the administration of those great 
corporate bodies which are the growth of modern times, and some 
of which receive and disburse larger sums than the treasury of the 
State, it is found to be wise and even necessary to work up to a 
systematic plan. The State ought to do the same. It is one of the 
evils of unsystematic legislation and administration that results are 
never certain ; that expenditures exceed appropriations, and appro- 
priations exceed taxes. A floating debt is thus created by some 
subordinate officer or authority, which the Constitution expressly 
prohibits the law-making powers of the government from creating 
except to the extent of |l,000,000. 

But there seems to be no reason to doubt that, on the scale of 
our present population and our present policy, the remission of 
taxes may be permanent. 

In 1877, the million and three-quarters required this year for the 
bounty debt, will be unnecessary. It is possible, if the canals are 
well managed, that the demand from them on the treasury may be 
somewhat reduced. The State prisons, the quarantine and the salt 
works all aflford scope for retrenchments. They now share the fate 
of all other business and speculations which the State undertakes. 
A decay of income and a growth of expenditures indicate the 
incompetence of the State, in its sleepy indifference, to compete 
with the ever vigilant and earnest activity of private interests. 
The deficiency in the State prisons for the year is nearly $550,000, 
and of the quarantine about $62,000, making $612,000. This sum 
and the last installment of the bounty debt, amounting to a million 
and three-Quarters, which is a char^ on this year, and the deficiency 
in the canal sinking fund, amount m the aggregate to $2,960,000. 

The result, expressed in round numbers, is that, after you have 
reduced the taxes for State purposes from sixteen millions to eight 
millions, three of the eight millions remaining are or ought to be 



Digitized by 



Google 



for exceptdonal expenditures. That amount, therefore, ought to 
fonn a fimd adequate, after this year, to meet the exceptional 
expenditures of the State for improving the main trunks of the 
canals, and finishing all public building that ought to be finished, 
and for an ultimate further remission ot taxes. 

I have made this explicit exposition of the subject, at the open- 
ing of your session, in order that in all the formative stages of legis- 
lation involving expenditures, appropriations and taxation, the 
considerations suggested may be present to your minds. The 
amendment to the Constitution, first brought into operation at the 
last session, imposing on the Governor the obligation to revise everj' 
item of appropriation, works a change in ofScial practice, amounting 
to a revolution. Hitherto, as the appropriations were embraced in 
bills that had to be accepted or rejected, as a whole, the items 
have been, in effect, withdrawn from the action of the Governor. 
The responsibility now devolved on him is very laborious and diffi- 
cult. It tends, perhaps, to work some change in the customary 
relations of the aepartments. In ordinary legislation, it is stretch- 
ing the function of the executive veto too far, to apply it to every 
case in which the Governor, if a niember of the Senate or Assemblv, 
woold vote against a bill. There seems to be a disposition to hold 
the Executive to the extreme of accountability in respect to appro- 
priations. This tendency mav be carried so far as to disturb the 
constitutional equilibrium of the executive and legislative forces. 

Kot desiring to amplify my oflicial powers, nor disposed to 
shrink from any just responsibility, the occasion seems fit to invite 
a frank understanding, to avow my own wish for, and to seek from 
yon, a cordial co-operation on this subject, for the good of our com- 
mon constituents. 

I have endeavored to narrate the financial condition, prospects 
&nd possibilitieB of the State in plain languc^e, divested of the 
technical forms of complicated accounts, which render financial 
statements capable of be^ng analyzed only by experts, and incapable 
of being understood by anybody, without explanations which they 
do not contain. 

POLICY OF THE STATE AS TO THE ERIE CANAL. 

In my annual message of last year, I entered into a full discussion 
of the policy of the State, in respect to the construction, ownership, 
management, and improvement of the Erie canal. 

In my special meQsage of March 19, 1875, 1 opened a discussion 
as to the improvidence, waste, and corruption, which have infested 
the administration of the canal svstem. Inviting your attention to 
those documents, I confine myself, on this occasion, to a brief sum- 
manr of the policy of the State as it may be deemed now to be . 
settled. 

1. Not denying the general unfitness of Government to construct, 
own or manage the woncs which offer the means of transportation, 
the State of New York saw an exception in the situation and in 

[Sekate Journal.] 3 

Digitized by VjOOQ IC 



18 '. [TUBSDAT, 

the nature of the canals, which are trank connections between the 
Hudson river and the ^reat inland seas on the north and west. 
Connecting vast navigable pnblic waters, they assnme something of 
a pnblic character. They are a link of 360 miles in a syst^n which, 
on the one hand by 1 ,500 miles of the waters of the great lakes, 
and on the other hand by 3,150 miles of the waters of the Hudson 
river and the Atlantic ocean connects the crowded populations 
of Europe with the fertile prairies of the North-west, covered with 
their network of tributary railways. 

2. The Erie canal remains an important and valuable instrument 
of transport, not only by its direct uses, but by its regulating power 
in competition with the trunk railways between the East and the 
West. 

3. The Erie canal has a capacity to aooonmtiodate an aggregate 
tonnage at least twice as large as has ever offered. It is capable of 
being made an instrument of the cheapest transportation per ton, per 
mile, which artificial navigation, in existing geographical and physi- 
cal conditions, can attain ; not by changing its essential character, 
but by perfecting it and giving it the highest efficiency. 

4. The policy upon which the State appears to have decided and 
that which I had the honor to advocate m the Constitutional Con- 
ventions of 1846 and 1867, and which is set forth in my messages 
of the last year, is to keep these great public works as a trust for 
the million, not seeking to make revenue or profit to the sovereign 
out of the right of way. 

The State originally undertook the construction and administra- 
tion of the public works in order to secure a facile and cheap trans- 
portation to which private .enterprise was then and long afterward 
inadequate. 

It early opened to free competition every mode of transit, even 
in rivalry to its own works, for the interchange of the agricultural 
products of the West, and of the manufia^tures and merdiandise ot 
the East. 

It has not exacted from the trust a full return of its advances ; 
but in expenditures in excess of the revenues and defrayed by taxes, 
and in remission of tolls, it has made large sacrifices to cheapen the 
cost of transportation. 

It has not sought to limit the advantages of its policy to its own 
citizens, nor has it paused because the prices — even for our own 
consumption — of exported cereals and other agricultural products 
are fixed by foreign markets, so that the benefits of a reduced cost 
of conveying them to the seaboard accrue chiefly to the western 
producers. 

SnUATION AT THE JLAST SESSION. 

In the progress of the last session it became obvious that the 
retrenchment in the ordinary expenses of the canals, and in the out- 
lays for new work recommended in the message, were not likely to 
be in any degree realized. The aporopriations for ordinary repairs, 
as passed by the assembly and by the Canal Committee, were nearly 



Digitized by 



Google 



Jaw. 4.] 1ft 

aqoal to thoee of the preyiouB year. The appropriations for new 
work, as called for by the budget Bnbmitted by the Canal Commia- 
sioDeiB to the eommitteeB of me L^elature, were at I^ast as large 
as the similar eatimates of the year before. 

In the meantime, the canal revenaes for the montha of Septem- 
ber and October, which are in the then current fiscal TOAi*, were fall- 
ing off one-quarter of their former amounts ; and the forwarders, 
IxMtmen and others engaged in transportation, were appealing for 
a redaction in the tolls, in order to enable them to continue their 
bnsinees. 

On an investigation, induced bv this emergency, it was found 
that in the preceding five jears the State had levied taxes of between 
eleven and twelve millions of dollars for extraordinary repairs 
besides deficiencies in the sinking fund, thereby imposing a burden 
of almost three millions a year upon the tax-payers. 

And upon inquiry as to how these vast sums had been expended, 
it appeared that much had been for objects of no real utilitjr ; that 
many of the contracts had been obtained by sham biddings in eva- 
sion of the law, and there was reason for suspicion as to 3ie dura- 
bility and value of the work. 

BEFOBK. 

In this condition of things, I proposed a reconciliation between 
the discontented tax payers and the distressed transporters by a 
thorough reform in the service and the system, which should remit 
taxes, reduce tolls, and increase the efficiency of the canals. 

mvBSTiOT^Tma commission. 

The first step was to obtain the information necessary to enable 
remedies to be devised and wisely applied. The commission ap- 

Jointed under the joint resolution and statute, consisting of Messrs. 
ohn Bigelow, Daniel Magone, Jr., Alexander E. Orr and John D. 
Van Buren, Jr., immediately after their organization, made such 
personal inspection of the most important parts of the canals as was 
possible before the water was let in for navigation ; and after that 
was done, they proceeded to investi^te many of the contracts for 
work on the canals and the transactions connected with them. 

I shall not outrun the public sense of the great and onerous service 
which these ^ntlemen have given to the ^te when I say that they 
have executed the trust reposed in them with unswerving andimpar- 
tial fidelity, and with distinguished intelligence and abuity. 

The frauds are not the simple case of embezzlement of public 
money, or a cheat in the payment of taxes, but are to be traced 
through the complicated work of construction, and are sheltered by 
the complicity or connivance of officials whose duty it is to protect 
the State. The truth has to be discovered and the proof obtained 
from unwilling and sometimes unscrupulous witnesses. 

The primary object is to reform the system and establish every 
possible security against a recurrence of the evils. While security 



Digitized by 



Google 



20 ' [Tuesday, 

for the fntnre is of traDscendent importance, indemnity for the past 
is to be sought. Civil and criminal redress is to be enforced. 

If it is €k matter of toil and difficulty to make the inyestigations 
effectual, it is infinitely more so to conduct the actions in the courts 
to their conclusion, in cases so numerous, and complicated. It will 
be necessary for vou to make a special appropriation for aid to the 
Attorney-General. 

mOOME AND EXPENSES OF CANALS. 

The income and expenses of the canals for the fiscal year ending 
September 30, 1875, are shown by the following table : 



Digitized by 



Google 



J J^l^. 4.7 









C3 



S3 



^1 



51 



;S 



I 






iiil! 



ia-o 






ill 



3 



111 
leg 

^8" 



21 



||if3eVeS 



a 



§3§ 












sns 






e:8S339 :SS 


8::: 


SiiSig 3S 


* i i i 


||s»-««* i»a 


• : i 




ft 



Digitized by 



Google 



22 [TUKSUAT, 

Total disbursements on all canals in excess of tolls, $335,044.95. 
Tolls in excess of disbursements for ordinary repairs, $638,268.86. 

SEAL INOOME. 

It will be seen that the income is stated at $1,902,990.64, and the 
explanation is made at the Auditor's office that as the receipts 
are a month later than the earnings the computation includes the 
receipts of September, 1874, and excludes those of September, 1875. 
As the former month yielded $166,341.10 more than the latter, ex- 
cept for this mode of computation the result would be $1,736,651. 
The estimate in my special message of Maixjh 19th, founded on the 
data there given, was $1,715,168. The calendar year 1875 gives 
only $1,584,018. 

OOMPABATIVE STATEMENT, 1874 AND 1875. 

. The following is a comparative statement of the revenues and 
expenses for the fiscal years 1874 and 1875, furnished at the Audi- 
tor's office : 

SUUenient showing the aggregate receipts and .payments on account 
of the ordinary expenses of the ca/fxals for the last two years. 



Becelpts from toUs, oto . 



Payments to SuperintendentB aud repair contractors 

Payments by Canal Commissioners for repairs 

Payments to Collectors and their assistants 

Payments to Weigh masters and their assistants. 

Reiundinff tolls, salaries of officers, etc 

Beserye balance of appropriation for concreting the sixteen 
locks and retrunkfng the upper and lower Mohawk aque- 
ducts 



Total expenses for the year. 
Net receipts 



3B74. 



18,947,872 fil 



$1,176,021 40 

m. 004 81 

84,888 44 

12,848 » 

74,070 68 



$1,469,406 88 
1,476,606 06 



1875. 



$1,926,906 63 



$985,105 10 

279,616 09 

75,857 41 

12,118 09 

61,759 66 



101 



$1,467,815 95 
458,679 68 



This statement shows a falling off in the toll receipts of the last 
fiscal year, as compared with those of 1874, of $1,021,977.28; 
decrease in payments of $2,150.88, and a loss in net receipts of 
$1,019,826.40 — the net revenue being $625,610.70 short of the 
requirements of the sinking fdnd, under article 7, section 3 of the 
Constitution ; the amount required being as follows : 

Interest, in coin $634,290 38 

For sinking fund 450, 000 00 

$1, 084, 290 38 
Actual surplus 458, 679 -68 

Deficiency ^625, 610 70 



It is to be noted that the expenses during all the present year, 
except the last two months of navigation — that is, up to September 



.Digitized by 



Google 



Ja5.4.] 28 

XXPLANATOBT OOMKBNl'. 

30, 1875 — were under the appropriatioas of 1874. The reductions 
effected at the last session did not begin to operate until October 1, 
18T5. 

The diminution in business caused by the bad condition of our 
domestic trade, the growing diversion by the completion of rail- 
ways and the reduction of tolls, all operated from the beginning of 
navigation, or five months out of the seven of the season earlier 
than the reduction of expenses. 

The falling off of income in the last two months of 1875, as com- 
pared with the last two months of 1874, is less than the reduction 
in ordinary expenses and repairs for the fiscal year commencing 
October 1, 1875. 

rUTUBB MEASURES. 

In this state of things it is obvioas that our first measure should 
be to ascertain completely, and without unnecessary delay, the 
financial condition of the canals ; the state of the contracts yet out- 
standing for extraordinary work, in order to determine what ought 
to be stopped or abandoned, and what ought to be continued, and 
the means applicable to any expenditure they may require. 

A second measure is the careful and thorough investigation of 
ordinary expenses and repairs, for the purpose of keeping them 
down to the lowest point consistent with the efficiency of the canals. 

A third measure relates to the disposition of such laterals as are 
not necessary as feeders. It will be recollected that at the last ses- 
sion, in view of the complicated questions incident to this subject, 
requiring legal en^neeritig and business skill, and much devotion 
of time and attention, I recommended its reference to a special com- 
mission. The Legislature, however, preferred to charge th^ Canal 
(Jommifisioners and State Engineer and Surveyor with the additional 
duty. I am not advised what report they will make on the subject. 
A fourth measure is a radical change in the system of administra- 
tion. The present machinery is chaotic, and except with something 
of the unity which existed in practice in the Canal Board, under the 
old Constitution, is incapable of acting with efficiency or economy. 
The abuses, perversions of law and morals, improvidence and waste 
which ding around it, are the growth of years. When a man of 
average wdl-meaning and average ability comes singly into one of 
these administrative offices, the graft develops, not its own nature, 
but tfie nature of the parent stem. It is difficult to cany out I'eform 
by instruments that are incurably averse to reform ; whose indo- 
lenoe, comfort, associations, habits, assistants and advisers, are all 
naturally opposed to what they are expected to do. Every step of 
progress is not only through an enemy's country, but beset by unex- 
pected betrayals. 

A constitutional amendment, changing the system of administer- 
ing the canals, was unanimously passed by both houses at the last 
sesBion. Your attention is respectfully called to the importance of 
an early consideration of the subject. 



Digitized by 



Google 



24 [Tuk6day, 

A fifth measure is the oontinnanoe for the present year of the 
redaction in the tolls made for last year. 

A sixth measure is to subject all the work called extraordinary 
repairs to a systematic and thorough scrutiny, and discard every- 
thmg that is not clearly and certainhr necessary. When the d&^ria 
of the old rotten system shall be cleared away, there is a work of 
real utih'ty and small cost, which will claim an early attention, and 
for which the people would be willing to provide tne means. On 
this topic 1 repeat the remarks contained in the special Canal Mes- 
sage oj? March 19, 1876 : 

"In my judgment, a far more important improvement of the 
Erie cand would be effected by a thorough system of ordinary 
repairs, which should give the water-way its proper and lawful 
dimensions, and by progressively deepening it, wnerever reasonably 
practicable, from seven to eight feet. As the object would be 
merely to enable the submer^d section of the boat to move in a 
larger area of water, so that the displaced fluid could pass the boat 
in a larger space, it would not be necessary to alter the culverts or 
other structures, or to carry the walls below the present bottom ; 
and the benefit would be realized in each portion of the canal 
improved, without reference to any othek* part of the channel which 
should remain unchanged. In facilitating the movement of the 
boat, and quickening its speed, it would increase the amount of 
service rendered in a given time, and would thereby diminish every 
element of the cost of transportation. It would benefit the boat- 
men and carriers more, even, than one cent a bushel remission of 
tolls. It would be more real utility to navigation than five or ten 
times its cost expended in the avera^ manner of so-called improve- 
ments on the public works. But it is too simple, too practically 
useful, to enlist the imagination of projectors who seek the fame 
of magnificent constructions, and of engineers who build monu- 
ments for exhibition to their rivals, or to awaken tlie rapacity of 
cormorants who fatten on jobs." 

I have thus briefly sketched the outline of a policy which is the 
best mediod to promote cheap transportation, not only so far as the 
Erie canal is concerned, but in its general effect upon all methods of 
transportation. 

It seems to me that these measures are entitled to the effective 
support of the f ow^rders, boatmen, transporters,' as well as to that 
of tiie tax-payers, and all who desire to rescue our public works 
from spoliation. 

THE NEW CAPrrOL. 

The foUowim statement shows the payments for this object from 
the StcUe Treasury indudijig jmrchase oftands^ etc., to Jtine 
20, 1875. 

To September 30, 1863 $51, 693 66 

do 1864 9,453 55 

do 1865 10, 860 08 

Carried forward $71,907 29 

Digitized by VjOOQ IC 



JiV. 4.] fS 

Brought forward $71,907 2» 

To September 30, 1866 Oongrese Hall block '. . 65, 250 00 

do im 10, 000 00 

do 1868 50, 000 00 

do 1869 451, 215 63 

do 1870 1, 223, 697 73 

do 1871 482,942 37 

do 1873 856,106 98 

do 1878 1, 175, 600 00 

do 1874 610, 275 16 

From Oct. 1, 1874, 

to Jane 20, 1875 1, 000,600 00 

$5,997,495 16 



A statement from the clerk of the present commission, which was 
organized on the twentj -ninth of June, 1875, is as follows : 
Amonut paid on account of expenditures prior to 

January 1. 1875 $263,659 95 

Amount expended in construction since the 29th 

June 491,349 95 

Estimated liabilities on January 1, 1876 65,542 22 

The memorandnm attached to the Bnpply bill signed on the 21st 
of June contains the following observations on 

THE APPROPRIATION FOB THE NEW CAPITOL. 

" Of the million provided for this purpose more than $200,000 
will be consumed in the payment of arrears now existing in the 
nature of a floating debt, and less than $800,000 will be applicable 
to new construction. 

^'It is with reluctance that I assent to this appropriation. Kearlv 
$6,000,000 has already been expended upon tnis edifice. Althougn 
the general plan has been determined, the details have not been 
worked out with such thoroughness and such certainty as to afford 
any guide as to the amount which will probably be reouired for the 
completion of the building. If it were an original question I 
should have no hesitation in condemning and discarding a work of 
finch unnecessary cost ; but it cannot be now abandoned without 
losing all that has been thus &r expended. In deciding on the 
wisdom of completing it, we are to consider only whether it will 
be worth the future outlay for its completion. What that cost 
will be ought to be ascertained with all the certainty attainable. 
I doubted whether the work ought not to be suspended until the 
phins of future construction should be settled, and full assurance 
had that the annual expenditure should be made usefully in fur- 
therance of those plans. In the nieantime I favored a reduction of 
thifl appropriation below the amount adopted by the Legislature. 

ISxNATX Journal.] 4 

Digitized by VjOOQIC 



M [TtrWMLY, 

^^ But provisions for this general object were inserted in the 
Supply Bill. They, perhaps, justify the allowance of this item, 
especially as the law imposing a tax for raising the money for this 
purpose will necessarily go into eflfect, whatever might be done with 
this appropriation." 

The new Commission consists of the Lieutenant-governor, the 
Auditor of the Canal Department, and the Attorney-general. 

The act provides that before any portion, exceeding fifty thousand 
dollars, of the sum appropriated for the construction of the New 
Capitol should be expended, full details, plans and specifications ot 
the story of said building containing the legislative halls should be 
made and approved by the said Commissioners. This requirement 
of the law was complied with, and the work of construction was 
prosecuted through the summer and autumn. 

The act further provides that " not more than one-half of the 
said appropriation shall be expended before full details, plans and 
specifications of the whole ot the remainder of said building shall be 
made and approved in writing," by the Commissioners. This re- 
quirement has not, as yet, been complied with, and the work upon 
tne Capitol has been suspended. The plans and specifications have 
been prepared by the architect, and were submitted to the Commis- 
sioners on the 15th day of December, 1876, but they have not, as 
yet, been approved by the Commissioners. 

The determination of all the details of so extensive a building 
will require much careful consideration. 

It is the intention of the Commissioners, before approving the 
plans for the completion of the New Capitol, to ascertain and report 
to the Legislature the cost of execution ; they are now, as I am in- 
formed, engaged in this very necessary preliminary work. 

INSAKB ASYLUHB AND BBF0BMA.T0BT. 

Four State institutions are in process of construction — three 
asylums for the insane and a reformatory. It might have been sup- 
posed that such an extensive provision for the insane as is contem- 
plated in these three institutions could not become necessary on the 
instant, and that common prudence would have dictated that one 
institution should be completed before another was begun. But, 
unfortunately, not even the sacred infiuences-of charity could save 
these works from the spirit ot legislative lo^-roUing, or the rapac- 
ity of local expenditure. 

The policy of beginning everything and finishing nothing has 
prevailed. Construction has been on a scale of costly extravagance. 

At the last session two and three-quarter millions of dollars, 
raised by taxes, had been expended on these four institutions, and 
about $450,000 raised b^ taxes and appropriated remained unex- 
pended, and yet no considerable part ox these works had been made 
available. 

The plan was adopted at that session of confining the appropria- 
tions lor the year to such sums as would make available and bring 



Digitized by 



Google 



jAir.4.] 21 

into nse the portions of the strnctnres most nearly approadhing 
oompletioii. 

The coDstruction of the other portions of those buildings, if they 
are to be completed aceoi-ding to the present plans, may be deferred 
nntil after the extinction of tne bounty debt m 1877. 

The interval will afford an opportunity to revise the whole policy 
of the State in respect to these institutions, and to reconsider the 
plang and methods of their construction. 
The expenditures thus far are as follows : 

Hudson River Asylum : 
Total expenditure to December 30, 1875 $1, 337, 978 52 

Baffido Asylum : 
Total expenditure to December 20, 1875 767, 351 91 

Middletown Asylum : 
Total expenditure to December 20, 1875 454,099 38 

Ehnira Reformatory : 
Total expenditure to December 20, 1875 760,117 98 

Total $3, 319, 547 79 



The cost of completiufi; these buildings is as yet a matter of con- 
jecture ; it probably would exceed what has already been expended. 

It is quite clear that an outlay of $5,000 per inmate, for tne pur^ 
pose of providing shelter for the unfortunate objects of public cnar- 
ity, is unreasonable and extravagant. That would be equal to 
$35,000 for five persons, which compose the average family in this 
State. How many families of laborious and thrifty producers can 
afford to live in a house costing $25,000 1 

In 1865, less than one-sixtiem of the houses of this State were of 
stone, and their value was about $10,000 eaeh, or $2,000 for each 
inmate. Those of brick, which are about one-eighth of the whole 
namber, were valued at $6,000, or $1,200 for each inmate. Those 
of wood, which are three-fourths of the whole number, were valued 
at $1,100, or $220 for each inmate. 

I deny that there is any sound public policy in erecting palaces 
for criminals, for paupers, or for the insane. A style of architec- 
ture simple, and fitted to the nature of its object, would reconcile 
artistic taste with justice toward the industrious producers, on whom 
lUls the burden ox providing for the unfortunate. Waste in such 
edifices is not only a wron^ to the tax-payers, but by just "so much 
it consumes the fund which the State is able to provide for the 
obiects of its charity. 

xfor does the mischief stop with the completion of costly dwell' 
ingB. The State stiill has to provide annuallv for the support of 
their inmates. Ey an inevitaole association of ideas in men's minds, 
magnificent homes lead to magnificent current expenditure. The 



Digitized by 



Google 



98 



[TVBSDAT, 



pride of officers and managers, and of local admirergy and the zeal 
of benevolence, are freely indnlffed where they are gratified without 
expense to those who are ewaycS by them. 

It is to be remembered that, after all, the burden of taxation is 
chiefly not upon accumulated wealth, but upon the current earnings 
of the million who carry on their productive industries in fmral 
homes, ^hey ought not to be the only class dis&vored by tne 
policy of the State. 

STATE PRISONS. 

The following statement shows the expenditures and earnings of 
each of the prisons for the year ending September 80, 1875 : 





Adv8D06B from 
the treasuiy. 


BeoelTod from 
earnings. 


Bxcees of expen- 
ditures. 


Auburn 


$806,710 86 
888,68818 
841,886 80 

85,8AifiO 


$76.866 68 
188,446 86 
168,506 64 


$181,783 73 


dlnton 


196,191 88 


stngsini. .:;..::..::.... ..::::.::;:::: 


183i229 56 


tributed, iDoluaiDff |28,144JS0 for 
transportatioD of oonviots 


86,844 60 










$914,688 18 


$868,978 61 


$545,640 67 



The excess of advances from the treasury over receipts from earn- 
ings is as follows : 

In 1867 it was $366,874 79 

Inl868itwa8 512,547 74 

In 1869 it was 596,774 46 

In 1870 it was 461.304 99 

In 1871 it was 470,309 23 

In 1872 it was 465,881 84 

Inl873itwas.. 597,289 06 

Inl874itwa8 588,537 42 

Inl875itwas 545,649 67 

The number of convicts in each of the prisons, September 30th, 
1873, 1874 and 1875, was as follows: 

1873. 1874. 1875. 

Auburn 1,104 1,202 1,312 

Clinton 567 562 553 

Sing Sing 1,354 1,306 1,616 

Total 3,025 3,060 3,481 

Although the burden imposed upon the tax-payers of the State 
by thes6 institutions has been sligntly decreased within the last 
three years, I think the people ought not to be satisfied with the 
present exhibit. 



Digitized by 



Google 



Jan. 4.] 29 

Under a proper system, and with proper management, the pris- 
ons of the otate, filled, for the most part, with able-bodied men^ 
ought to be self-supporting, if, indeed, they ought not to produce a 
considerable revenue to the State. Odier institutions of a like char- 
acter, and possessing, in some respects, less advantages, impose no 
burden upon the people, and one conspicuous institution in tniscity 
affords a surplus to the county. 

I recommend that a thorough inquiry be made with respect to the 
management of the State prisons in such manner as the Legislature 
may Slink best,. to the ena that such reforms, both in legislation 
and in administration, may be accomplished as are necessary to pro- 
duce the desired result. • 

I also recommend to your adoption the resolution passed at the 
last session, and which requires your concurrence, for submitting to 
the people the constitutional amendment therein contained relating 
to the State prisons. 

SALT SPBINGS. 

The quantity of salt from the OnondaM Salt Springs, inspected 
during the last fiscal year, was 6,589,676 bushels, less by -1,515 
bushels than the production of the preceding year. 

The net revenue from this source was $5,148.32, showing a fall- 
ing off, as compared with the preceding year, of $5,193.35. 

It is represented by the Superintendent that a considerable out- 
lay will soon be necessary for repairing and renewing the machinery 
connected with the works and tor completing the sinking of new 
wells. 

I recommend that an investigation be had with respect to the 
necessity of such expenditure, the best method of operating the 
Works and the general management of the concern. 

QUABANTINE. 

The payments from the State Treasury for this object during the 
fiscal year ending September 30, 1875, were : 
Adrances to Commissioners for maintenance of Quaran- 
tine establishment $48,000 00 

Salaries of Commissioners 7,500 00 

Oommissioners appointed to confer with the authorities 

of New Jersey on jurisdiction 3,000 00 

Pay of police 3 , 953 1 8 

$62,453 18 



It seems to me that this establishment ought to be made self-sap- 
porting. To that end, I commend the subject to your consideration. 

THE NATIONAL GUARD. 

The National Guard of this State consists of eight divisions, 
eighteen brigades, one regiment and ten separate troops of cavalry, 
eleven separate battalions of artillery, and twenty-live regiments, 
twehre battalions and seven separate companies of in&ntry. They 



Digitized by 



Google 



^ Tuesday, 

comprise 1,505 commiBsioned officers and 17,908 non-commissioned 
officers, musicians and privates. The aggregate force is 19,418. 

The condition of the guard, as respects organization and disci- 
pline, is eminently satisfactory. 

The cost of armor i^ and the charge for the rent of such as were 
o(*cupied under leases in the city of New York had become a seri- 
ous burden and a gross abuse. Contracts marked with extravagance 
and improvidence, with favoritism and corruption, had been made. 
They had become the subject of litigation, and were generally held 
by the courts to be illegal and void. The rentals claimed are about 
$275,000 per annum. The claims for arrears of rent amoant to 
about $700,000 ; and the rent to accrue, if the leases should be 
retained nntil their terms expire, would be an additional $1,000,000. 

The fair rent of an armory where property .is so valuable as in 
the city of New York is so considerable that regiments which are 
redaced to mere skeletons cannot be kept in existence without 
injustice to the tax-payers of the city. For this reason six of the 
sixteen regiments and battalions of the first division, which consists 
of the city of New York, have been disbanded. As the city owns 
four armories, there will be but six instead of twelve regiments to 
be provided for. It is hoped that the charge on the city treasury 
can be reduced to less than a quarter of its former amount. This 
necessary measure could not oe executed without inflicting some 
wounds in particular cases ; and I share the sense of sacrifice of 
pei*8onal associations and patriotic memories. 

COLLEGES AND AOADEMIES — HIOHEB EDUCATION. 

The reports to the Ke^nts of the University from the colleges 
of the State, show a gratifying increase of numbers both of student-s 
and graduates. Many of the colleges have received from private 
liberality additions to their endowments which place them in a con- 
dition of comparative independence. The character of instruction 
is elevated and strengthened, the courses are more comprehensive 
and better adapted to the demands of the age. 

The attendance on the academies and high schools does not much 
vary from that of tlie preceding year. These institntions, occupy- 
ing an intermediate place between the colle&es and the common 
schools, provide for the wants of those who desire more than the 
latter can furnish, and who are not able to meet the expenses or to 
give the time required by the courses of the former. 

The State Library and the State Cabinet of Natural History, 
have received valuable additions. Their condition will be exhibited 
in the reports of the trustees soon to be presented. 

OOMHON SOHOOL STATISTICS. 

Far ths Tear ending September 30, 1875. 
Total receipts^ indnding balance on hand September 

80, 1874 $12, 616, 362 96 

Total expenditures 11, 866, 377 79 

Digitized by VjOOQ IC 



J^. 4.] 81 

Amonnt paid for teaebere' wages $7, 848, 231 67 

Amount paid for school-houses, repairs, furnit're, etc. 1, 844, 347 20 

Estimated value of school-houses and sites 36, 393, 190 00 

li'amber of school-houses 11, 787 

Number of school districts, exdusive of cities 11, 289 

Number of teachers employed for the legal term of 

school 19, 157 

Nmnber of teachers employed during any portion 

of the year 29, 977 

Number of children attending public schools 1, 058, 846 

Number of persons attending Normal schools 6, 207 

Number of children of school age in private schools, 135, 098 

Number of volumes in school district libraries 812, 655 

Number of persons in the State between the ages 

of five and twenty-one years 1, 579, 504 



STATE TAXES IN AID OF OOMMON SCHOOLS. 

The following statement shows the amount produced annually by 

the i mill tax for the support of common schools, as provided, by 
(Jmpter 180, Laws of 1856 : 

1857 $1,074,982 20 

1858 1,053,680 74 

1859 1,053,873 04 

1860 1,064,473 14 

1861 1,081,325 57 

1862 1,086,977 96 

1863 1,090,841 11 

1864 1,125,749 90 

1865 1,163,159 76 

1866 1,148,422 22 



The following shows the amounts produced by the IJ mill tax 
for this object, as provided by section 3, chapter 406, Laws of 1867 : 

1867 ; $2,080,134 66 

1868 ^,207,611 42 

1869 2,325,150 96 

1870 2,458,751 48 

1871 2,565,672 37 

1872 2,610,784 31 

1873 2, 662,032 98 

1874 2,711,634 84 

1875 2,959,725 18 



Non.— The amount raised by State tax for the support of common schools, prior to the A<^ 
qCIOB^ naafSIMMXl&aiiiittaUy. Oee section 1, ehapter 180, Laws of 1866.) 



Digitized by 



Google 



THE MBTHOD OF APPB0PKIATI0N8. 

A standing appropriation, Bach aA used to exist before 1846, is 
prohibited by tne Constitution, which requires a revision of old 
apropriations at the expiration of every two years. The system of 
making formal appropriations in obedience to a standing law, is liable 
to the objection that it practically defeats the policy of this consti- 
tutional provision. The Legislature does not in fact reconsider, 
each time, how much ought to be appropriated to the object, but 
mechanically conforms to the standing law which fixes the rate. 
The assessors become in effect the power that determines the taxes. 

It cannot be supposed that the real value of property subject to 
taxation has increased during the period when nearly a million has 
been added to this item of them by nominal enlargements of the 
valuation. Nor can it be doubted that, in all business, equal ser- 
vices can now be obtained at less prices than 1867. The appropria- 
tion ought to be for a specific sum, and the taxes adjusted to provide 
that amount. 

STATE GBBTIFI0ATS8. 

An act amendatory (chap. 567) of the general school law was 
passed at the close of the last session, and oecame a law bv receiv- 
ing the Executive signature on the 9th of June, 1875. The fifth 
section of that act made a material chan^ in the law regulating the 
granting by the State Superintendent of certificates of qualification 
to teach. That officer was authorized by section 15 of the general 
school act, passed May 2, 1864, to grant certificates ^^ on the recom- 
mendation of any school commissioner or on other evidence satis&o- 
torv to him." 

A clause authorizing the State Superintendent to issue, ^^ in his 
discretion," certificates x)f qualification to graduates of any seminary 
of a private corporation, known as the Sisterhood of Grey Nuns, on 
their filing with him their diplomas, appears in an amendment of 
the charter by chapter 368 of the Lisiws of 1875, which became a 
law on the 15th of May. This provision did not purport to make 
a person having such diploma a qualified teacher, like a person hay- 
ing a diploma of a State Normal School, but merely vested the State 
Superintendent with a discretion to srant to such person a certifi- 
cate of Qualification. That power the Superintenaent had before, 
and has liad for the previous eleven years. The provision had no 
real effect ; it conferred no new power on the Superintendent ; it 
added nothing to his existing power ; but it bore the appearance 
of a special ^rant of a privilege to one corporation ; which may be 

E resumed to have escaped attention, for the bill passed the Assem- 
ly once and the Senate twice by the affirmative vote of every 
member present. But the discretionary power of the Superintend* 
ent, under the law of 1864 and under this act, was afterward com- 
pletely abrogated by the law of the 9th of June. He was pro- 
hibited from granting any certificates except on public examination. 
The law of the 9th of June was later that the Grey Nuns' act, and 
repealed the clause of that act which authorized the Superintendent, 



Digitized by 



Google 



Jiv. 4.] S8 

in his discretion, to grant certificates to graduates of the seminaries 
of the Grey Nuns' corporation. It went further. It repealed the 
Dower which he had under the law of 1864 to do the same thing. 
If the Grey Nuns' corporation derived any special privilege from 
the act of the 15th of May, that privilege was destroyea by the 
law of the 9th of June. A uniform rule is now made applicable 
to all. 

This r^ult is in accordance with the policy of this State as estab- 
lished by the recent constitutional amendment relating to the pub- 
lic schools, which has been and is to be obeyed and executed in 
good faith. 

PAUPERISM. 

The report of the State Board of Charities will be presented to 
the Legislature; and I commend it to your earnest attention. 

The question, as to the proper mode of providing for the chronic 
poor, 16 addressed not only to the conscience and the feelings, but 
to the reason and the judgment. It is a question not so much of 
philanthropy as of political economy. The members of the board 
bring to its discussion great zeal, large experience, and rare intelli- 
geDce. Without committing myself to the support of all their 
recommendations, I ask your thoughtful consideration of their sng- 



The act of 1875, providing for the separation of pauper and 
destitute children from the adults of the same class, has been put 
in /general operation, but years must elapse before its beneficial 
resaits will be fully apparent. This le^lation has met with warm 
approval in other States, and will, no doubt, be followed by many 
of them at an early day. It remains in this State to secure the 
separation of children convicted of petty oflEenses from older 
offenders, while confined in our penal institutions. 

The subject of providing work* for paupers, especially of the class 
styled " tramps," is commended to your . consideration. Even if 
their earnings were small, the fact that this class of persons were 
(»>mpelled to labor in return for their subsistence, would, doubtless 
lessen the number of applicants for admission into our poor-houses, 
and for outside relief, and would induce many of them to apply 
themselves to regular employments. 

I renew the recommendation made in my last annual message for 
a thorough revision of the poor laws. 
• 

THE STATE CENSUS. 

The census taken during the last summer makes the popu« 
lation of the State 4,705,208. The utility of the information it 
collects, aside from the primary object of providing the means for a 
re-apportionment of the representation in the Legislature, depends 
laigely upon the promptness with which the compilations are 
made and furnished to the public. I recommend that provision 
be made to complete the work as early as the first of next Decern-^ 
ber, and that the requisite appropriation for that purpose be made. 
[Sekatb JoubnaIm] 5 

Digitized by VjOOQ IC 



34 [TufcsDAlf, 



MT7NI0IPAL aOYBKNinCNT. 

A commission to consider this important and interesting subject 
has been appointed under the joint resolution of the last session 
and is Organized and holding its sittings. The restrictions nec- 
essary to arrest the creation of municipal debts, which has become a 
grave evil, affecting one-half of the people of this State, and calling 
urgently for redress, may well command the attention of the Com- 
mission and of the Legislature, independently of the complicated 
questions involved in the structural organization of municipal gov- 
ernment and the distribution of its powers. 

OENTENNIAL EXHIBmON. 

A Stat6 Centennial Board for New York has been appointed, 
under chapter 525 of the Laws of 1875, to represent this State, in 
coK)peration with the Centennial Commission appointed by the 
President of the United States, in the preparations for and at the 
international exhibition, to be held at Philadelphia, in commeraorsr 
tion of the one hundredth anniversary of the Declaration of Inde- 
pendence. The event not onljr appeals to the people of the whole 
United States by the patriotic associations which attend it, but it 
will be an occasion of unprecedented interest in the opportunity it 
affords to all our citizens of a personal inspection of the process 
and state of the industrial arts in all the countries of the civilized 
world. 

BANKS. 

Eighty-four banks were doing business under the laws of this 
State on the first of October last. Eight banks organized and com- 
menced business during the fiscal year ending October first. Dur- 
ing the same time one bank failed, and three were converted into 
national banks. 

Circulating notes to the amount of $9,314 were destroyed by the 
Bank Department, and forty-four banks were credited with lost cir- 
culation during the year to the amount of $246,649, the time for 
redeeming the same, after the usual legal notice, having expired. 
The amount of circulation outstanding was, on the first day of 
October last, $849,226.50. Of this amount, the sum of $218,528 
was secured by deposits of cash, stocks, or stocks and mortgages. 
The balance, $630,698.50, is not secured, it having been issued by 
banks chartered previous to the passage of the free banking la^w. 
There remain but twenty-three of these banks that have not taken 
steps to finally redeem their notes. 

SAVINGS BANKS. 

There were one hundred and sixty savings banks on the first day 
of July last. Of these five were in process of closing their busi- 
ness. Five have since closed, three by reason of insolvency. The 
new general law for the regulation of savings banks, does not re- 
quire them to report in July, as they have formerly done. The 



Digitized by 



Google 



JiN. 4.1 35 

aggregate of assete of these institutions, as appeared from informal 
reports made to the Bank Department for the lirst of July last, was 
$336,308,236.43. Their deposits amounted to $316,335,617.82, 
belonging to 891,992 depositors as represented by the number of 
open accounts on that date. The increase in deposits during the 
SIX months ending July 1, last, was upwards of twelve millions of 
dollars, and the number of depositors or open accounts, increased, 
during the same time, 19,494. The total increase in deposits dur- 
ing the year 1874, was $18,415,564, and, in the number of deposit- 
ors, 33,026. The aggregate of assets, as shown above," for July last, 
was not made up in the same manner as that for January 1, last, 
therefore such aggregate cannot be used for the purpose of compari- 
son. The estimated amount of such assets, on the first of July 
last, may, however, be stated at. three hundred and forty millions of 
doUars, 

KBOOMMENDATION Afl TO SAVINGS BANKS. 

It will be observed that the number of depositors in the savings 
banks in this State is larger than the number of electors who have 
ever voted at an election ; and that the aggregate of their deposits 
is more than one-eighth of the assessed valuation of all real and 
personal property. 

In view oi the fact that these are the savings of the industrious 
poor, who are less able to assert and protect their own interests 
than any other class of holders of such vast amounts of property, 
it is an especial duty in our legislation to shield them from injustice. 
The absolute safety of their deposits is an incentive to make savings, 
which is an important object of public policy. 

Frequent reports by these institutions should be required. The 
provisions regulating the character of their investments should be 
revised with a view to secure greater safety. New guards should 
be instituted against the tendency of administration to fall into 
favoritism toward the officers, sure to prove dangerous to the trust ; 
and it should be inquired, in view of the recent and numerous fail- 
ures, what defects may be shown to exist in the present law, and 
whether further penalties, in respect to maladministration, can be 



I commend the subject to your consideration. 

TRUST, LOAN AND INDEMNrrY OOMPANlftS. 

There were eleven trust, loan and indemnity companies report- 
ing to the Bank Department, July 1, last, one having closed its 
business during the year preceding. A new trust company began 
business September 1, 1875, whose capital is not included in the 
summaiy. The aggregate capital of these corporations, paid in, as 
shown by their reports, was $11,584,475. The total amount of 
their assets was $69,654,948, and the amount due from them to 
their depositors was $50,865,569. I ; ;^5 

The estimated amounts of assets, held July 1, by banks, savings 
banks, tmst, loan, and indemnity companies, was $520,000,000. 

Digitized by VjOOQ IC 



36 [TUBBDAT, 

The amonnt due to their depositors was, approximately, $432,000,- 
000; and their profits, including surplus fund, may W estimated at 
$39,000,000. ' 

mSUBANOB 00MPANIE8. 

The number of insurance companies subject to the supervision of 
the Insurance Department, on the 19th day of November, 1875, was 
281, as follows: 

New York Joint Stock Fire Insurance Companies 102 

New York Mutual Fire Insurance Companies 8 

New York Marine Insurance Companies 9 

New York Life Insurance Companies 22 

New York Plate Glass Insurance Company 1 

Fire Insurance Companies of other States 91 

Marine Insurance Comp^anies of other States 1 

Life Insurance Companies of other States 25 

Casualty Insurance Companies of other States 4 

Canadian Fire Insurance Companies 3 

Foreign Fire Insurance Companies 11 

Foreign Marine Insurance Companies .' 4 

:r, 281 



The total amount of stocks and mortgages held by the Insurance 
Department for the protection of policy-holders of fire, life and cas- 
ualty insurance companies of this State and of foreign Insurance 
companies doing business within it, was $11,036,053, as follows : 

For protection of policy-holders in fire insurance com- 
panies of this State $400, 000 

For protection of policy-holders generally in life insur- 
ance companies of this State ^. 3, 790, 091 

For protection of registered policy-liolders exclusively, 3, 184, 542 
For protection of casualty policy-holders, exclusively, 1, 000 
For protection of plate-glass policy-holders, exclusively, 50, 000 
For protection of fire policy holders in insurance com- 
panies of other States 60, 000 

For protection of fire policy-holders in insurance com- 
panies of Canada • 643, 120 

For protection of fire policy-holders in foreign insur- 
ance companies 2, 604, 300 

For protection of life policy-holders in foreign insur- 
ance companies 303, OOO 

Total deposit $11, 086, 063 

The assets of the life insurance companies of this State amount 
to nearly two hundred millions of dollars ; the amount insured by 
them to one thousand millions ; and their annual receipts to more 



Digitized by 



Google 



Jak. 4.] 87 

than sixty millions. The magnitude of these sums, and the dura- 
tion and fiduciary character of the engagements of these corpora- 
tions, make it specially important that the interests of the policy- 
holders sliould be guarded with jealous care. 

DKPBE86ION IN BUSINESS. 

It cannot be doubted that largo classes of our people are suffering 
mat inconvenience from the present state of trade and of manu- 
facturing and mechanical industry, and from the decay of numerous 
enterprises. Few kinds of business have been recently carried on 
at a profit. Labor finds scanty employment even at reduced wages. 
Incomes are lessened or fail altogether. Many investnientrt have 
become wholly or partially unremunerative. Property is shrinking, 
losing for the time its circulatory character, and becoming unavail- 
able as a resource to pay debts or to raise money. It is not a con- 
vulsion but a partial paralysis. There is nothing of what is called 
a pressure for money ; there is no panic ; but a fear to lend except 
00 certam security ; and a timidity in borrowing for new under- 
takings by most persons of prudence or credit. 

CAUSES., 

It is to be hoped that amid these evils, the germs of a better 
fiitnre are springing up, to renew in their origin the elements of 
individual and social prosperity ; but in the meantime attention is 
natorally drawn to the causes of a state of things which inflicts so 
much distress. Such seasons have recurred at intervals in the ex- 
perience of this and other countries. They have usually been pro- 
duced through the destruction of large masses of capital by wars, 
revolutions, conflagrations, or failure of crops, or by a temporary 
mania for bad investments, or by violent reactions of credit. The 
known facts of our recent business history leave no doubt as to the 
origin of the state of things we are now experiencing. 

WASTE OF NATIONAL CAPrTAL BY EXCESSfVE GOVERNMENTAL CON- 
SUMPTION. 

Eleven years ago our country emerged from a vast civil conflict, 
in which its aggregate wealth had been impaired to the extent ol 
probably two Wiousand millions of dollars by a governmental con- 
sumption exceeding the whole net income of the people ; to say 
notlung of the destruction of property, industries and productive 
caMcities incident to military operations. 

Never was it more necessary that peace should bring healing on 
its wiugg. 

To replace the capital destroyed, to restore the elements of future 
natural growth, should have been the object of our policy. A 
prompt reduction of the enormous governmental expenditure was 
the first condition. A renewal of the industries of tno great com- 
munitieB of the South, which produce so large a share of our exports 
wd row material, was of great importance. Euergy, skill and econ- 



Digitized by 



Google 



38 fTCKSDAT, 

omy in production,' and frn^lity in private consumption, the wise 
conduct of business, and a judicious application of capital and labor 
were essential. These chief elements of private prosperity were 
dependent upon public conditions. They were to be promoted by 
sound government finance, by good methods of revenue — not 
unduly Swelling the cost of the taxes to those who pay them beyond 
their produce to the treasurv ; by. a discreet management of our 
vast fiscal operations, and of the currency and of the banking system ; 
by a sober and stable governmental policy — not stimulating to 
speculative adventures, not inciting miscalculations in business, not 
enhancing charges for services and risks in commercial transactions. 
How completely these conditions have been reversed during the 
eleven years since the war, appears in a retrospect of the actual 
events of that period. 

PRESENT SCALE OF GOVERNMENTAL EXPENDITURE. 

The extravagance of our jjovemmental consumption is illustrated 
by a comparison of the pubhc expenditures of 1870, five years after 
the close of the war — with those of 1860. and 1850: 



Tazbb in thi Ukitbd States. 



1880. 
Gold. 



1860. 
Gold. 



1870. 
Currenoy. 



Federal..* 

State, County, City and Town 

Population , 

Federal 

Local 



140. 000. 000 
43,000,000 



$60,010,112 
M. 186,746 



$88,000,000 
88,101.876 



$154,196,868 



81,448.821 
TAX1G8 PBB RSAD. 



$172 
186 



$8 67 



$101 
290 



$4 90 



$450,000,000 
«280,601.6Sa 



$780,601,681 
88,668.371 



$1167 
724 



$1S91 



AGGBEOATB TAXATION OF ELEVEN YEARS. 

The aggregate federal taxation of the eleven years now closing, 
computed in currency, from the oflScial statements, is more than 
$4,600,000,000. The local taxation, assuming the census statement 
for 1870 as an average, is more than $3,000,000,000. The aggre- 
gate taxation exceeds $7,500,000,000. 



rra RELATION TO NATIONAL SAVINGS. 

The daily wants of the masses of mankind, even in the most 
productive and prosperous countries, press closely upon their dail v 
earnings. It is only a small portion of their currreut income which 
they are ahle to save and to accumulate. 

In Great Britain and Ireland, despite the wealth, which their 
people have long been storing up, especially in machinery and 



Digitized by 



Google 



Jan.!] »9 

moneyed capital ; despite the yearly influx of one hundred and 
fifty millioDs of dollars from interest on investments in other coun- 
tries, the annual growth of wealth from the sayings of all their peo- 
ple is not deemed by the best authorities to exceed six or seven 
nnndred million dollars. 

The accumulated wealth of the United States is the result of a 
shorter period of growth, and is less in amount. We have to pay 
to foreign creditors annually, in coin, more than $100,000,000. We 
are richer iu the natural powers of the soil; and our labor is, on the 
whole, more efficient. We earn more, but have less disposition to 
save, and less of the habit of saving. 

SUCH OONSUHPnON GREATLY SXOESSIVE. 

A governmental consumption in every year, in bad as well as 
good years, must be considered greatly excessive when it amounts 
to a share of the national earnings larger than the whole people are 
able to save in prosperous times Tor all new investments ; for erect- 
ing dwellings and other buildings ; for improving farms, increasing 
the stock of live animals and of agricultural implements; for all 
manufacturing and mechanical constructions and machinery ; for all 
warehouses and stores, and increased supplies of merchandise ; for 
ships and steamers, and telegraphs, and railroads, and their equip- 
ments ; for all objects which individual and corporate enterprise 
provide for the future, in the progress of a populous and rapidly 
growing community. 

INCIDENTAL EVILS. • 

Snch taxation is in itself a monstrous evil; and its incidents 
a^ravate its direct injuries. When the exaction from the people 
was, as in 1860, one-quarter of its present, amount per head, even 
if it were unscientific and unskillful in the levy, tlie mischief was 
comparatively inconsiderable. But with the qiiadruplication of the 
exaction, the difficulty of obtaining ^ood methods of imposing it, 
is greatly increased ; and the mischief of bad methods become well 
lii^h intolerable. 

When governments take from the people, for official expenditure, 
nearly all the surplus earnings of inaividuals, science and skill in 
the art of taxation become necessary — necessary to preserve and 
enlarge the revenue — necessary to gild the infliction to the tax- 
payers. Our present situation is that we have more than European 
bardens,'as seen in the most costly governments of the richest of 
modem nations supporting immense navies and armies and public 
debts ; and to these burdens we have conjoined an ignorance and 
incompetency in dealing with them, which is peculiarly our own. 
We have not yet acquir^ the arts belonging to a system which the 
founders of American government warned us against, and fondly 
believed would never exist in this country. 

SACBIFICE CAUSED BY UNSKILLFUL MODES OF TAXATION. 

The consequence is that the pecuniary sacrifices of the people are 
not to be measured by the receipts into the treasury. They are 



Digitized by 



Google 



40 [TVBSDAY, 

vastly greater. A tax that starts in its career by disturbing the 
natural courses of private industry, and impairing the productive 
power of labor, and then comes to the consumer, distended by 
profits of successive intermediaries, and by insurance against the 
risks of a fickle or uncertain governmental policy, and of a fluctu- 
ating governmental standard of value — blights human well-being 
at every step. When it reaches the hapless child of toil, who buys 
his bread by the single loaf and his fuel by the basket, it devours 
his earnings and inmcts starvation. 

A GOVERNMENTAL CLASS OF TAX OONSUMEBS. 

Another evil of such a system of excessive taxation is, that it cre- 
ates and nourishes a governmental class — with tendencies to les- 
sen services and to enlarge compensation, to multiply retainers, to 
invent jobs and foster all forms of expenditure — tendencies unre- 
strainea by the watchful eye and firm hand of personal interest, 
which alone enable private business to be carried on successfully. 
In other countries such a class has found itself able, sometimes by 
its own influence and sometimes in alliance with the army, to rule 
the unorganized masses. 

In our country it has become a great power, acting on the elec- 
tions by all the methods of organization, of propagating opinion, of 
influence, and of corruption. The system, like every Bving thing, 
struggles to perpetuate its own existence. 

Every useful and necessary governmental service, at a proper cost, 
is productive labor. Every excess beyond that, so far as it is saved 
by the official, merely transfers to him what belongs to the people. 
So .far as such excess is consumed, it is a waste of capital, as absolute, 
as if wheat of equal value were destroyed by fire or gold were sunk 
in the ocean. 

WASTE LAEGER THAN NATIONAL DEBT. 

Probably such waste by governmental expenditure in the eleven 
years since the war, amounts to at least as much as our present 
national debt. 

MISGOVEBNMENT IN THE SOUTH. 

It cannot be doubted that the systematic and extreme misgovem- 
ment imposed on the States of the South has gi'eatly detracted from 
our national prosperity. In those impoverished communities it has 
not stopped with the ordinary effects of ignorant and dishonest ad- 
ministration. It has inflicted upon them enormous issues of fraud- 
ulent bonds, the scanty avails oi which were wasted or stolen, and 
the existence of which is a public discredit, tending to bankruptcy 
or repudiation. Its taxes, generally oppressive, in some instances 
have confiscated the entire income of property, and totally destroyed 
the marketable value. 

ITS EFFECTS. 

In a region five times as large as the British Isles and three 
times as large as France, abounding in all the elements of natural 

Digitized by VjOOQ IC 



Jw 4.] 41 

weiltfa, it has destroyed oonfldence and credit in all traneaotionft^ 
diffused nneertainty and dietmst everywhere, and consnmed exist- 
ing C8|9ital while retardinfz^ prodnotion and paralyzing the enterprise 
bj which sach waste might be repaired and fiitare growth assured. 

HOW rr IS HAINTAINVD. 

This system, after its character became known to ns as well as to 
those directly affected, abhorred by all the intellect and virtue of 
the commnnities in which it exists, and by their public opinion, 
has been maintained through long years by the favor and patron- 
age of the federal government — by the moral coercion of its pres- 
tige—by the standing menace and occasional exercise of its mihtary 
power. 

iKitrn- TO O0B owv psosPBBmr. 

It is impossible that such wrongs should not react upon us. The 
immediate snfierers by it are the producers of four-tenths of the 
exported commodities, excluding specie, of our whole forty millions 
of people, and of the most important raw materials of our own 
domestic manufactures. They are agricultural communities, which, 
more than any others, sell what thev produce and buy what they 
consume. They are our most valuable customers for the products 
of oar own industries and for our meri^andise ; and they make us 
factors in all their transactions. The State of New York, which 
oootains the commercial metropolis, receives the largest injury ; but 
itseonsequenoes extend thfougnout the whole country. 

XZ0IE88IVB SPBOULATION. 

Other inflnences have been at work to deteriorate the financial 
eondition of our people. The pariod has been full of tendencies to 
misonndnesB in tne management of private business, and in the 
habits of fiimilies and individuals. 

A aeries of speculative excitements has incited to enterprises 
which have turned out to be unremunerative« and to investments 
which &il to yield revenue and have lost their salable value. The 
capital embarked in such undertakings is destroyed. Large classes 
fiod their incomes diminished, and their convertible property 
reduced. 

OVSBfrBiDQfO. 

^ Even the operations of regular business partook of the spirit of the 
times, and became too much expanded. Profits which came in part 
from the swelling of nominal prices, tempted those who were unex- 
pectedly enriched to count on tibeir continuance, and to enlarge their 
imdertaKings or engagements under that illusion. 

One who had half his capital invested in land and buildings and 
madimery, which is called fixed capital — and half invested m raw 
materials aod funds to employ workmen, which is called circulating 

Digitized by VjOOQ IC 



42 [TtiBDAf, 

capital, and was doin^ a Bafe and ea$y biMineaa-^wias induced, for 
the purpose of enlarging that bneinees, to double hi8 inveetment in 
fixed forms. He, therefore, needed double the eirculating capital ; 
and intitead of owning it all, had to bcM^row it all The tam of the 
times disabled him from selling an enlarged product, or perhaps 
even an equal product, or of selliug without loss; and when he 
Tteeded loans to double the amount of his former floating capital in 
order to carry on his business and more in order to bold his product 
for a revival of the market — he found that lenders had oecome 
timid 

Another discovered that an enterprise which may be good takes 
longer to bring returns than he anticipated. 

Another began when credit was easy and failed to foresee how 
changeable that condition is ; and, even though his hopes of profit* 
were undiminished, found it difficult to carry has loans. 

EFFECTS GENERAL. 

When lar^e classes suffer under the effects of these miscalcola^ 
tions, the influence will extend, more or less, to nearly all the com* 
munity. 

A period of falling prices following a period of rising prices, 
generates such results. Great fluctuations in the hopes and opinion 
of the public, creating vicissitudes of credit, are the secondary 
cause, as they ai*e themselves the results of some pripiary cause. 

EXAGGBBATED COST OF MIPDLStfEN. 

An outgrowth of the same morbid condioion is the unusual and 
unreasonable disparity now existing between the wholesale price 
which the producer receives, and the retail price which the consnmer 
pays. No doubt prolonged fluctuation in prices tends during the 
upward movement to increase the charges of middlemen, and to 
enlarge the class. But the root of the evil is the uncertainty and 
instability. The importer adds to the price of every artide he 
imports, the exporter reduces the price he pa^s for every article he 
exports ; as insurance against the possible variation in the value of 
greenbacks when converted into the money of the world, and against 
the possible changes of governmental policy at Washington. 

Nor can it be doubted that the condition of things has been un- 
favorable to economy and efliciency in the management of business, 
to frugality in private expenditure and to energy in production. 

Su^ are the inimediate causes which have occasioned, excessive 
and unnatural consumption of oqr national o^ital, and which have 
retarded the natural processes of repair and growth during the last 
eleven years. 

What are the ultimate causes, and what are the remedies ? 

HEW yoke's INTBEBST EST THESE QUESnOlTS. 

To the people of this State these are interesting inqniriies. In 
1874 our State tax was nearly $16,000,000. Our Jopaf taxes were 



Digitized by 



Google 



Jak. 4.] 48 

oyer |4S)000,000. Oar share of the taxee of the federal goTern- 
ment on the averafi;e of eleven- years, if computed 'ou population- 
would exceed $50,000j000, or if computed on consumption, accord, 
ing to the estimate of the Finanoe Committee of the Constitutional 
Conveutiou of 1867, would for the year exceed $80,000,000. 

ACnON OF VEDEBAL OOYEBNHENT THE ULTIMATE CAUSE. 

The federal government has the direct and exclusive responsi- 
bility for its own immense expenditure, and for its calamitous 
policy in respect to the great producing States of the South. 

It has likewise controlled tlie currencv and the banking of the 
country. It has been the principal dealer in the precious metals. 
It has conducted vast fiscal transactions. Its financial secretary 
has held in his hand, from day to day, the supply and the rates 
of the loan market in the center of capital and commerce ; the 
terms of our foreign exchanges — the prices of exports and im- 
portfi— the quality oi the circulating medium, the fluctuating 
standard of values recognized by law as the rule in all dealings 
and all contracts. 

By the force of its example; by its ascendency over opinion 
acquired in a period of public danger, during which the people 
formed the haoit of following its leadership; by its means of 
prooagating the ideas according to which its own operations were 
conaucted; by all these, as well as by the direct effects of its action, 
its measures, and its policy, the fed|eral government has, therefore, > 
practically dominated over all business and all industries, and 
created conditions which shape the conduct of individuals in their 
production and consumption^ and of local governments in their 
expenditures, taxation and creation of debt. 

FALSE REMEDIES. 

It is natural that such a condition of men's business affairs should 
be prolific of illusory and mischievous schemes for relief A vague 
notion is extensively entertained that a new issue of legal tender 
Dotes would afford an effectual remedy. This fallacy is largely due 
to the &lse theory pervading nearly all the literature of political 
economy as to the agency which the quantity of the currency, even 
when equivalent to coin, has in causing cycles of high and low 
prices. 

BRBONBOUS THEOBY. 

As high prioes and expanded currency and low prices and con- 
tracted currencv have been usually fonnd together, the effect has 
been mistaken K>r the cause. It is oflen assumed that the banks, 
even when redeeming their notes in coin, can expand their issues in 
excess of the needs of the community, and thereby originate and 
coDsommate a general and prolonged rise of prices. 

ANALYSIS OF THE .FACTS. 

An analysis of the function of the convertible Bank note, or of the 
processes by which cycles of high prices occur, will equally contute 

Digitized by VjOOQIC 



44 [TtrBSDAT, 

this opinion. A study of the order of the events -which have hap- 
pened in periods of rising prioes in England and the United States, 
under a convertible currency — shows that usoally the speculative 
movement, at all stages, precedes the inoresse of bank notes. 

BANK NOTES AN IN8I0NIFI0ANT PABT OF OBEDir MAOHINEBT. 

The convertible bank note is but a small portion of the instru- 
ments of credit used in a commercial country. It is adapted to the 
wants of persons who do keep bank accounts, and the wants, in 
petty transactions, of those who do keep bank accounts. It 
bears no interest ; and the holder has a motive to keep on hand 
only ^ much as he thinks he may require for expected or possible 
purchases or payments, and to invest or lend the surplus so that it 
will become prodactive. 

If a bank lends its note to a borrower to make a payment or a 
purchase, the use for that purpose is bat for an instant. Unless the 
note is received b^ or passea to some person who detains it for a 
future purpose, it immediately goes back to the issuer through the 
exchanges with other bankb It has to be redeemed by reducing 
other loaus, or bv a temporary loss of a portion of the usual reserve 
of the issuer. The life of a bank note is made up of a succession of 
instantaneous uses, alternating with a succession of prolonged 
detentions. 

The quantity that will stav out at anv given time depends mainly 
on the expectancy of individuals as to future transactions, and, in a 
lesser degree, on the state of prices, which vary the amount used in 
the same transaction. In times of rising speculation, the wants of 
the communitv absorb a larger (quantity. Each transaction employs 
an amount enlarged in proportion to the enhanced prices ; trans- 
actions become more frequent, and the detentions of the means of 
future transactions are increased by a greater disposition to make 
them, and less care to economize interest. 

It is the competition of buyers which nuts op prices in a period 
of speculation. Bank notes have infinitely less to do with origin* 
ating speculation, or even furnishing the means whereby it can be 
sustained, than the other parts of the machinery of credit. 

Bank notes, or currency, as they are called, are but an insignifi- 
cant portion of the means of purchase or payment. The transac- 
tions ^ected bg^ check, operating to transier bank deposits, in the 
city of Kew i ork amount now, in every ei^bt days — and some 

i rears ago amonnted in every five days — to as large a sum as all the 
egal tenders and bank notes in tm hands of the people of the 
whole United States. The payments effected at the London 
clearing-house amount in every two days to as much as the whole 
circulating medium of the United Kingdom. The other instru- 
ments of credit by which business is carried on — such as book 
accounts, notes of hand, bills of exchange, drafts, checks on bank 
deposit — are thus many times the volume of bank notes. 



Digitized by 



Google 



Jut. 4.] U 



uiBfBmmnB of okuuit fbvfbbbbd. 

Speculative pnrehaeee are nearly always initiated bv the uae of 
personal credit. In snch times confidence is high ; cre<lit is freely 
given and readily accepted. The transactions* are generally made 
OD book acoonnts or notes of hand. These are at the command of 
the buyers in unlimited amonnt, and without delay or inconvenience, 
fiaok credits called deposits — like bank notes — can be obtained 
only bv borrowing. For snch purposes bank notes are only used 
in Bmall transactions, and to a comparatively insignificant Axtent. 

BANK H0TK8 SLOW AKD DnTFIOULT OF INCREASE. 

The issue of bank notes, if not limited to a fixed amount, is gen- 
erally restrained by laws which require a deposit of securities with 
the government ; and the process of issue is so slow and inconven- 
ient tliat a sudden and large increase is not possible. Those that 
are in the hands of the public cannot easily be collected in large 
amounts, but are scattered in small sums among millions of holders 
throQghout a continent. 

OOKCLTSION. 

On the whole, then, it is demonstrable that bank notes or cur- 
rency, when convertible, have less agency in originating or facilitat- 
ing ageneral speculation than any other portion of the vast machinery 
ofcredit of which they form so inconsiderable a part. The false 
theory, that they are the master-cause of prices and fluctuations of 
imces, and that a governmental regulation of their volume will 
avert the tremendous vicissitudes in business to which commercial 
countries, carrying on vast credit transactions, are periodically sub- 
ject, was the basis of theplan adopted in 1844, on the recharter of 
the Bank of England. Tne theory was then seen, by a few of the 
best thinkers, to be destitute of truth. It has since been completely . 
refuted by experience. 

A PBOLmO FALLAOr. 

In the in&ncy of the very modern science of political economy 
a metaphor was accepted as an axiom. It was said that, if pur- 
chasers should sudd^v find two gold coins for one in their pockets, 
they would pay double price for commodities. The propositiou 
has no truth in it, except by assuming as a condition the result to 
he proved* It would not be true of any one buyer. It could not 
be true of all collectivelv, unless a fall in the value of gold had 
previously happened. The increased quantity could exist only ajs a 
consequence of an increased demand at the same value, or of a 
decline in the cost of production. In modern times, the increase 
in wealth and commerce is many fold the increase of population. 
The medium of exchange required is vastly larger than the accumu- 
lation of the precious metals; and an increased extension ofcredit 
machinery has become neces«iry. Bank notes, or other circulating 



Digitized by 



Google 



49 [Ttr»B0AT, ' 

credits, costs as mnck to all save the issner, as eax equal Vftlne in coin. 
They have to be piaid for by all who use them. 

It individuals prefer to use coin to even a small proportion of 
their ability, or to hold their savings or reserves in coin j if traders, 
commercial companies, and governments increase their reserved 
stocks of bullion to even a small percentage of the extension of their 
operations, the absorption would outrun the production of the 
^ precious metals, taking no account of the insatiable demand of the 
Asiatic nations. 

PRICE NOT A RATIO TO QUANTTTT. 

The fact is that price is not a mathematical ratio to be computed 
like a logarithm. The variations of the market are estimated by 
reasoning beings on the best judgment they can form of the hap- 
pening and the effect of future events. The laws of market or 
temporary price are different in every case. An excess of oranges 
which perish in a few days, or of artificial flowers which go out of 
fashion, is worthless. An excess of ^old,, which is indestructible, 
and easy, cheap and safe to hold, involves a loss of interest, at the 
lowest rate, for the period it is likely to remain on hand. 

LAW OF DEPRECIATION OF INCONVERTIBLE CURRENCY. 

The depreciation of our leffal tender treasury notes, is not to be 
measured by any arithmetical formula. The law which governs it 
is the discount tor interest until the probable time of payment, and 
for insurance against risk, as those two elements are estimated by 
the general judgment of investors. To create a demand for it, by 
receiving it in government transactions, or to reduce its supply 
below the demands created by law from individuals for use as le^al 
tenders, is for the government to make an artificial market, which 
operates, so far forth, as a practical redemption. 

HOW ISSUES OF LEGAL ITENDERS INFLATED PRICES.. 

It is consistent with this reasoning to admit and assert that the 
issue of legal tender treasury notes, d,uring the late civil war, exerted 
great power over prices. It acted on the public imagination in respect 
to future values. It excited ^reat distrust that the government, 
instead of having recourse for its means of war expenditure to the 
vast mass of our national wealth by loans and taxes, resorted to a 
debasement of the comparatively insignificant fond of circulating 
credits, with which private business is cai*ried on. It excited a 
grave sense of doubt how often, and to what extent, it might recur 
to so dangerous an expedient; great itiisgiving as to the time and 
the certainty ot ultimate redemption. Under these influences, in 
the vicissitudes of military operations, the discount became large — 
touching, at its extreme point, 65 per cent on the par value of the 
issues. 

rNFLUENCE OF OPINION AND IMAGINATION. 

The human imagination seldom fails to exaggerate any desired or 
dreaded re«dity to which it looks forward, and it acts a gieat part 



Digitized by 



Google 



Jaii.4.] 41 

in those ejelte ofadeendiD^ prices and descending prices whicli 
happen in highly oommeixsial countries. The origin is in some 
event creating an anticipation of a rise in the market-value of one 
or more commodities, which extends as by contajOfion to others — or 
in an expectation of a general rise of prices. The upward move- 
meDt sometimes continues for several years. The excitement begins 
with dealers for profit or speculation. The instruments of cnsdit 
first brought into requi«tio!n are those which are commonly used by f 
these classes. The small consumers are the last reached. Then 
bank-notes are expanded, and they generally continife to increase 
for Bome time after the downward turn of the speculation. 

REAOnON. 

The reaction would take place by the mere exhaustion of the 
speculative impulse. Sometimes it does happen without any other 
canse. A speculative movement, when it ceases to go upward, can 
bnt fall. But often some special cause intervenes to precipitate the 
catastrophe. 

OAUS^S OF PBBSENT BEAOnON. 

In our present case, the most important cause of reaction is the 
immense waste of our capital, whicn has gone on in all the modes 
described, and especially by excessive governmental consumption. 
An aooosfiory cause is the fall in prices of many of our staples, . 
which are now produced in excess of the capacity of private con- 
sumption by an impoverished people. There are also moral causes 
acting on the public mind, A popular error existed that prices 
would not fall so long as the volume of legal tenders and bank 
notes continued undiminished. Many made their business calcula- 
QODS on that theory, and are disappointed and their confidence in 
their own opinions unsettled. 

These special causes, in addition to the natural exhaustion of a 
fictitious excitement, broke the public illusions, which had been gen- 
erated by false systems and false theories. A great change ensued 
in the opinion and feeling of the people, in confidence and credit 
in the voluntary machineri^ of business, which expands and contracts 
according to the fluctuating temper and purposes of individuals. 
A corresponding fall of prices resulted. 

CUBBKNOY TC3JPAMBI0K FAILED TO STOP BEAOTION. 

But the quantity of lesal tenders and bank notes in the hands of . 
the public had not been diminished. The quantity, excluding those 
held by the treasury and the banks, was larger at the crisis in Sep- 
tember and October, 1873, than at any previous time. Yet the 
continuance of the volume of the currency — the enlargement of it, 
did not inflate prices — did not even stay the fall of prices. 

HODEBATE IS817£ FUTILE. 

I In snch a state of &cts, it is obvious how utterly futile to arrest ; 

Digitized by VjOOQ IC 



48 fTimsDAr, 

how more than futile to reyene the operttion of these potent oiuisee 
would be a new issue of any moderate quantity of legal tenders. 

A sudden and unexpected deficiency of currency sometimes hap- 
pens ; and, before busmess can be adapted to the new condition, or 
can find a substitute in some other instrument of exchange, mnoh 
temporary inconvenience may be felt. 

Such a state of things — to which a new issue might be adapted 
. — (Joes not exist. On the contrary, there is assurMly an adequate 
supply of currency for the wants of business -^ and e^en a surplus. 
In ei^ht years out of ten, the demand for from five to ten per cent 
additional currency in the autumn to move the crops, creates what 
is called a ^' fall pinch." There was none in 1875. The surplus 
currency previously on hand more than provided for that special 
temporary demand. The banks continued to lend their balances on 
call at low rates. The tendency to reduce the circulation because 
of the lack of profitable employment is still manifest. The New 
York city banks reduced their outstanding notes, between 1873 and 
1875, from $28,000,000 to less than $18,000,000. 

WOULD NOT BBLnBTB BXBiJUtASSMSNT. 

Nor would such an additional issue of legal tenders give any 
direct relief to embarrassed persons. The notes issued would have 
to be paid for. The difBculty with embarrassed persons is that they 
have not available property to convert into currency. If they had 
the conversion could be as well effected with the existing mass of 
currency as after such a new issue. 

Nor would any moderate issue of lesfal tenders have the leaat 
power to revive the condition of business through which we have 
passed ; the condition of high and rising prices — of universal dis- 
position to enlarge operations, undertake new enteiprises, and enter 
mto new speculations — of unsound confidence and reckless use of 
credit ; a condition which imparted an apparent but fictitious pros- 
perity to every thing and everybody, and famished an unnatural 
market for all proper^. Ex})erience shows that, after such a state 
of business, a period k>11ows, in which the opposite ideas and feel- 
ings prevail. Such is the case now. With all the agencies having 
real power to create such a condition of business, operating strongly 
in the contrary direction, the effort to reproduce tnat c/>ndition t>y 
an agency never capable of much effect, would be perfectly futile. 
If the treasury should pay out a moderate additional quantity ot 
leffal tenders, they would not go into circulation or act on pnoes. 
They would merely accumulate in the money centers and reduce 
the rate of call loans of bankers' balances. 

INDEFINrrB ISSUB WOULD, MODXBATB ISSITK lOOHT, CAXSBX^ DISASTKB. 

It would be only by a large issue, or the menace of a lar^ or 
inde&iite issue, that a decided effect on prices could be proouced. 
That would create alarm of such an impending depreciation as to 
threaten ci>editors with a confiscation of their debts, sad holders of 



Digitized by 



Google 



Jak. 4.] 49 

cnrrency with its loss ; and they would hasten to exchange it for 
property. Any issne, which should act on the imagination, inciting 
wila estimates or wild fears of the future, might induce a specula- 
tive depreciation of the price of the currency and inflation of the 
prices of property. 

The evil, even of a moderate issue, when the cuiTency already 
exceeds the wants ot business, and the increase cannot be pretended 
to be for any legitimate purpose, especially if the object of removing 
individual distress by creating fictitious prices be avowed, is that it 
strikes at the root of all confidence and all credit. If the principle 
be once adopted, everybody will inquire how often such an expedi- 
ent may be repeated, how far it may be carried. 

An attempted expansion of the petty volume of the currency, 
under circumstances which cause a real contraction of the whole 
vaster volume of credit machinery, which fill all lenders with dismay 
and which destroy public confidence, hope and faith, that are the 
basis of credit systems and credit operations, is self -destructive. It 
can be prolific of nothing but general disaster. 

SOUND unanob dekanbbd. 

The temper which now predominates among the people revolts at 
financial quackery. It is no longer susceptible to flattering illusions 
which have exploded amid the wrecks of individual fortunes and 
private prosperity. It is. excessively incredulous. It demands 
sonnd measures, such as commend themselves to the judgment of 
the best intellects and the best experience. 

SPECIE PAYMENTS WTrHOTJT CONVULSION. 

After eleven years of convulsion without a restoration of specie 
payments, it now claims a restoration of specie payments without 
a convulsion. The problem does not seem diflScult. Resumption 
by the government will accomplish completely resumption by the 
banks. The treasury has only, by gradual and prudent measures, 
to provide for the payment of such portion of the outstanding treas- 
nry notes as the public, not wishing to retain for use, will return 
upon it for redemption. The sum required in coin, if the prepara- 
tions be wisely conducted so as to secure public confidence, will be 
what is necessary to replace the fractional currency and to supply 
sach individuals as prefer coin to paper for their little stores ot 
money; and also what is necessary to constitute a central reservoir 
of reserves against the fluctuations of international balances and for 
the banks. To amass a suflicient quantity by intercepting from the 
current of precious metals flowing out of this country, and by 
aajuiring from the stocks which exist abroad, without disturbing 
the equilibrium of foreign money markets, is a result to be worked 
out by a study of all the conditions, and the elements to fulfill those 
conditions, and by the execution of the plans adopted, with practical 
skill and judgment. Kedemption, beyond this provision of coin, 

[SXIIATB JOUBNAL.] 7 

Digitized by VjOOQ IC 



60 [TuESDi^Y, 

can be effected as other business payments are effected — or in an j 
method which converts investments without interest into invest- 
ments upon interest, on terms the holder will accept — and by such 
measures as would keep the aggregate amount of the currency self- 
adjusting during all the process, without creating, at any time, an 
artificial scarcity, and without exciting the public imagination with 
alarms, which impair confidence, contract the whole large machinery 
of credit and disturb the natural operations of business. The best 
resource for redemption, is that furnished by public economies ; for 
it creates no new charge' upon the people ; and a stronger public 
credit is certain to result from sounder finance, and will reduce the 
annual cost of the national debt. 

EXAHPLB OF FRAKOE. 

These opinions, deduced from reason, are confirmed, in a recent 
example, by experience. France, in her ten months' contest with 
GeAnany, incurred a war expenditure of one thousand millions of 
dollars in specie values ; and in the twenty -eight months following 
the peace, paid an indemnity of one thousand million of dollars in 
specie, or its equivalent, to. a forei^ country. These great opera- 
tions were carried on without causing a depreciation of 3ie currency 
beyond two and one-half per cent at its extreme point ; and without 
disturbing the general business or industry of the people. 

OUB GBEAT NECESSnT. 

What is most needed now is that the public mind be reassured 
by a wise, safe and healing policy. The dread of imaginary evils 
ascribed to the methods assumed to be necessary to restore specie 
payments, is more mischievous than the reality, wisely pursued, 
ought to be. As soon as the apprehensions of an impending fall of 
values is removed, manufacturing and mechanical industries will 
start anew, dealers will buy for future consumption, enterprises 
that commend themselves to the sober judgment of investors will 
be undertaken, and capital, which now accepts any low rate of 
interest, where there is no risk, but is withhela from operations of 
average character, will be lent on reasonable conditions. 

TBUE REMEDIES. 

But the remedies for the evils now felt by the people in their 
business and industries must extend beyond any measures merely 
relating to the currency. They must be broader and deeper. They 
must begin with a prompt and large reduction in governmental 
expenditures and taxation, which shall leave in the hands that earn 
it a larger share of the result of labor. They must proceed "by 
withdrawing, as much as possible, governmental interferences tliat 
cripple the industries of the people. They must be consummated 
with an increased efiSciency and economy in the conduct of businesa 
and in the processes of production, and by a more rigorous frugality 
in private consumption. A period of self-denial will replace what 
has been wasted. 



Digitized by 



Google 



djLV. 4.] 51 

We must build up a new prosperity upon the old foundations of 
American self-government ; carry back our political systems toward 
the ideals of tneir authors; make governmental institutions simple, 
fragal, — meddling little with the private concerns of individuals, 
— aiming at fraternity among ourselves and peace abroad — and 
tmsting to the people to work out their own prosperity and happi- 
ness. All the elements of national growth and private felicity exist 
in our country in an abundance which Providence has vouchsafed 
to no other people. What we need to do is to rescue them from 
goveramental folly and rapacity. 

SAMUEL J. TILDEN. 



Digitized by 



Google 



5^ 



[Tuesday, 






0^ 
OQ 



2 



Ml 

si 

H 5 

Q. S 
n ^ 






it 



2S . 



s > 



si 






g 



.CJ 



§i ii 

l¥ I'M 

8 ost5 



!"§■ "ii 



is" "ii 



So Q't-w 



ii9 



8" OS's 



IS ^§ 

8'^ *s'!^ 



§2 m_ 

IS" ill 



ft ft. 




Si 

ii 



ii 
i"i 



g§ 



s*" 



§i 






11 



ii 



§ § 

I i 

s' s 



i g 



^ I I. «t J. 

« i I i^! is 

o g a ©a o| 



Q 






Ii 






s 



o& <2ft' 



§ 5 



£ft Oft 



5:- !^ 



^i 



4ft iSsi 



2S 8 



S s- 









I 



i 



I 

I 



OQ 

p 

H 
03 

OQ 

I 

5 



a 

3 

i3 



I 




Digitized by 



Google 



Jah. 4.] 



53 



CUaring^uae loan eertifioatesy 1873. 






Sept. 28. 


Oct. 16. 


Nov. L 


Deo. 26. 


CleuiDff-houM loan certlfloatM, New 
Y«rk^ 

Other cities 


$6,660,000 


$20,660,000 

Oct. la 
$8,7)B,400 


$20,816,000 
10,868,778 


$8,800,000 









NOTE. 



1. In September, 1873, when the financial storm broke, the issues 
were, at the largest amount they had reached — ten millions more, 
than in October, 1872, and thirty millions more than in Oc.ober, 
1871 ; and the public held thirty millions more than in 1872, and 
forty-six millions more than in 1871. 

2. From September 12th to October 13th, the issues increased 
two and a half millions of bank notes; the banks lost eight and 
three-qnarter millions; the public absorbed eleven and one-quarter 
millions of currency. 

3. From October 13th to November Ist, the issues were increased 
bj live millions of legal tenders from the treasury, one and a half 
of fractional currency, and bv one of bank notes, making seven 
and a half millions ; the public lost four and a half millions ; the 
banks gained twelve millions. 

The tide had turned ; the outflow from the banks had continued 
sometime after the panic ; the influx had now begun. 

4. From November 1 to . December 26 the issues were increased 
by eighteen millions of le^al tenders and fractionals from the 
treasury. The banks gained forty-three millions of legal tenders 
and three millions of bank notes; the public lost twenty-eight 
millions. 

5. Id the next nine months, to October 1, 1874, the treasury 
issued three and one-half millions of legal tenders, and took in one 
and three-fourths millions of fractional currency. The banks can- 
celed eight millions of their notes, and to cancel more deposited 
twenty millions of legal tenders. The currency existing tell six 
and a half millions ; the currency held by the public fell twenty«six 
and one-half millions. 

6. From October 1, 1874, to October 1, 1875, the treasury had 
made no reduction of the legal tenders except to withdraw eight 
millions on issuing ten millions of bank notes. The cancellation of 
bank notes was twenty-tive millions. The currency in the hands 
of the public was diminished fifteen millions. 

Finally, all through this process, the features have been : 1st. 
The compulsory currency of the government has been, from time 
to time, increased or kept stationery, except in one instance when 
eight millions was withdrawn to. bo replaced by ten millions of 
banknotes. 2d. The voluntary currency of bank notes has been 
diminiBhing'by voluntary cancellation. 



Digitized by 



Google 



04 



[TuBSDAT, Jan. 4.] 



Sd. Bat the principal reduction has been by the public, in refxis- 
ing to use the existing currency, &nd leaving it to accumulate in the 
banks. There was seventy-four millions less held by the public 
October 1, 1876, than October 13, 1873. There was sixty-five 
millions more in the banks. On the Ist of October, 1875, they 
could lawfully pay out or lend sixty millions more, if it would be 
taken and hela by the public. During all this time call loans of 
bankers' balances nave been at very low rates, even at the season of 
the year when they are generally in demand at hyzrh rates. There 
has been a plethora of currency, and a continuous fall of prices. 

Ordered^ That said message be laid upon the table and printed. 
{8m Doc. No. 2.) 

Mr. Harris offered the following : 

Whereaa^ The contract for the legislative printing expired on the 28d 
ultimOy and proposals having been issued by the Comptroller and Secre- 
tary of Slate for a new contract to be made on the 29th inst., 

Jteaolved^ (if the Assembly concur), That the clerks of the two houaos 
are hereby instructed to procure to be done and completed by the recent 
contractors, such printing as may be ordered by the present Legislature, 
until a new contract is entered into for the legislative printing according 
to law. 

The President pot the question whether the Senate would agree to 
said resolution and it was decided in the afSrmative. 

Ordered^ That the Clerk deliver said resolution to the Assembly, and 
reauest their concurrence therein. 

Mr. Prince, from the committee appointed to wait upon the Assembly 
and inform that body that the Senate was organized and ready to pro- 
ceed to business, reported that the committee nad performed that duty. 

Mr. Wellman offered the following : 

Hesolved^ That the Senate will meet daily at 11 o'clock. ▲. h., until 
otherwise ordered. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative 

Mr. Wbodin offered the following : 

Xesohed^ That Hon. William H. Robertson, Senator from the Ninth 
Senatoiial district be and he is hereby appoint^ President pro tempore 
of the Senate. 

The President put the question whether the Senate would agree 
to said resolution, and it was decided in the affirmative, as follows: 



rOB THE 1.FFIBMATIVB. 



Baadan 

Bixby 

Booth 

Bradley 

Carpenter 

Cole 

Coleman 

DooUttle 



Emerson 

Gterard 

Hammond 

Harris 

Jacobs 

Kennaday 

Lament 

Loomia 



McCarthy 


Selkreg 


Moore 


Starbuck 


Morrissey 


Tobey 


Prince 


Vedder 


St. John 


Wagner 
Wefiman 


Savre 


Woodin 

• 


c 


ligitized by VjOO' 



80 



[Wkdvudat, JjJSf. 5.] 5i 

Mr. Cole offered the following : 

Setohedf That a oommittee of two be appointed to vatt upon His 
Exoellency the Governor, and inform him of the election of Hon, William 
E Robertson as President pro tempore of the Senate. 

The President pat the qaestion whether the Senate would agree to said 
resolation, and it was decided in the afllinnative. 

The President announoed as suoh oommittee Messrs. Oole and Mor- 
riBfley. « 

Mr. Harris offered the following : 

Seiohedf That a oommittee of two be appointed to wait apon the 
honorable the Assembly, and inform that body of the eleotion of Hon. 
William H Robertson as President pro tempore of the Senate. 

The President pnt the question whether the Senate would agree.to said 
resolution, and it was decided in the affirjnaiiTe. ^ 

The Plrendent announced as such committee Messrs. Harris and Star- 
bacL 

Mr. Woodin offered the following : 

Beeolved^ That the rules of the last Senate, except rule 8 relative to 
appointment of standing committees, be adopted for the government of 
this Senate until otherwise ordered. 

The President put the question whether the Senate would agree to 
laid resolution, and it was decided in the affirmative. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
dace a bill entitled **An act to repeal chapter 353 of the Laws of, 1876, 
entitled 'An act to amend chapter 324 of the Laws of 1871, entitled An 
act to incorporate the Sisterhood of Grey Nuns in the State of New 
Tork,"* which was read the first time, and by unanimous consent was 
also read the second time, and referred to the oommittee on literature, 
when appointed. 

Messrs. Strahan and Faulkner, a oommittee from the Assembly, 
appeared in the Senate, and announced That the Assembly was organised 
and ready to proceed to business. 

Mr. Cole, from the committee appointed to wait upon His Excellency 
the Governor and inform him that the Senate had elected Hon. William 
H. Roberteoh as President pro tempore^ reported that the committee 
had performed that duty. 

On motion of Mr. Woodin, the Senate adjourned. 



WEDNESDAY, JANUARY 6, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Wagner presented a petition of the board of supervisors of Sara- 
toga county to limit the office of county treasurer to one term ; which 
was read and referred to the committee on the judiciary, when 
appointed. 

Also, a memonal of the board of supervisors of Saratoga county in 
regard to compensation of public officers; which was read and referred 
to the oonoanittee on the judiciary, when appointed. 



Digitized by 



Google 



66 [Wbdnmday, 

Mr. Selkreg presepted the petition of James Cavanaagh, claimiDg the 
seat of Hon. John C. Jacobs, Senator from the Third Senatorial district ; 
which was read and referred to the committee on privileges and elec- 
tions, when appointed. 

The Prenident presented the Annual Report of the Adjntant-General 
of the State of New York; which was laid apon the table and ordered 
printed. 

* {See Doc. No. 8.) 

AlsOy the Annual Report of the Board of Commissioners of Pilots ; 
which was laid upon the table and ordered printed. 

{iSee Doe. No. 7.) 

Also^ a resolution of the justices of the supreme court relative to 
amending chapter 267, Laws ^f 1869, and chapter 202 of the Laws of 
1860, and chapter 486, Laws of 1871 ; which was read and referred to 
the committee on the judiciary, when appointed. 

The Assembly sent for concurrence a resolution in the words fol- 
lowing : 

WherecUj The contract for the legislative printing expired on the 28d 
ult., and proposals having been issued by the (Comptroller and Secretary 
of State tor a new contract to be made on the 29th instant ; 

Resolved (if the Senate concur). That the Clerks of the two Houses 
are hereby instructed to procure to be done and completed by the recent 
cokitractors, at the rates provided in the last contract, such printing as 
may be ordered by the present Legislature, until a new contract is entered 
into for the legislative printing according to law. 

Mr. Harris moved that said resolution be laid upon the table 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The Assembly returned the concurrent resolution instructing the Clerks 
of the two Houses to procure to'be done the legislative printing until a 
new contract is entered into, with a message that they had concurred in 
the passage of the same. 

Mr. Bizbv gave notice that he would, at an early day, ask leave to 
introduce a "bill entitled "An act to reorganize the local government of 
the city of New York." 

By unanimous consent, Mr. Jacobs asked and obtained leave to intro- 
duce a biil entitled "An act to amend an act entitled ^An act to amend 
chapter 446 of the Laws of 1874, entitled An act to revise and consoli- 
date the statutes of the State relating to the care and custody of the 
insane, the management of the asylums for their treatment and safe- 
keeping, and the duties of the State Commissioners in Lunacy,' passed 
May 12, 1874, passed June 9, 1875,*^ which was read the first time, and 
by unanimous consent was also read the second time, and referred to the 
committee on the judiciary, when appointed. 

By unanimous consent, Mr. Harris asked and obtained leave to intro- 
duce a bill entitled "An act repealing the limitation upon the expendi- 
ture of the sum appropriated to continue the work on the New Capitol 
building, passed June 21, 1875,^' which was read the first time, and by' 
unanimous consent was also read the second time, and referred to the 
committee on finance, when appointed. 

By unanimous consent, Mr. Morrissey asked and obtained leave to 
introduce a bill entitled "An act in relation to certain employees of the 
mayor, aldermen and commonalty of the city of New York,'^ which wajs 



Digitized by 



Google 



read the first time, and by ananimouB consent was also read the second 
time, and referred to the committee on the affairs of cities, when 
appointed. 

By QDanimous consent, Mr. Robertson asked and obtained leave to 
introdaoe a bill entitled ''An act to amend chapter 86 of the Laws of 
1873, entitled *An act to provide for a supply of water in the city of 
Tonkers,' passed February 28, J 873," which was read the first time, 
and by unanimous consent was also read the second time. 

On motion of Mr. Robertson, and by unanimous consent, the rales 
were suspended and said bill referred to the committee of the whole, 
and ordered printed. 

Mr. Robertson offered the following : 

jRetdved^ That the 3d subdivision of rule 17 be amended so as to read 
as follows: '^ On judiciary to consist of seven members." 

On motion of Mr. Robertson, and by unanimous consent, the rules 
were suspended in orckr that said resolution might be considered imme- 
diately. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Mr. McCarthy offered the following: 

Whereas^ His Excellency the Governor, in his late annual message, 
dedares that it will be necessary for the Legislature *' to make a special 
appropriation for aid to the Attorney-General," in order to render 
enect^ the investigations of frauds in the management of the canals, 
undertaken by the commission appointed by His Excellency, and 
especially for conducting the actions in the courts to their conclusion ; 
and, 

Whereas^ His Exoellencv further says, that the frauds exposed by 
the commission ^^ are sheltered by the complicity or connivance of 
officials whose duty it is to protect the State," therefore, 

lUsolmd^ That His Excellency the Governor be requested, at the 
earliest possible day consistent with the public service, to communicate 
to the legislature the results of the investigations thus far obtained by 
the commission, with the testimony thereto pertaining, and the titles 
and objects of the actione now pending, with the progress therein 
made, and the names of the officials charged with complicity or conni- 
vance as aforesaid, in order that the Legislature may, in view of the 
information thus furnished, determine what appropriation, if any, or 
other measures of legislation may be necessary. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Mr. Harris, from the committee appointed to wait upon the Assembly 
and inform that body that the Senate had elected Hon. Wm. H. Robert- 
son President ^n-o tempore^ reported that the committee had performed 
that duty. 

On motion of Mr. Cole, the Senate adjourned. 



[dsNATB Journal.] 8 

Digitized by VjOOQ IC 



58 [Thubsdat, Jak. 6.] 



THURSDAY, JANUARY 6, 1876- 

The Senate met purBuant to adjournment. 

Prayer by the Chaplain 

The journal of yesterday was read and approved. 

The President presented a communication from the Regents of the 
University relating to the Centennial Anniversary of the Battle of Sara- 
toga; which was laid upon the table and ordered printed. 

{See Doc. No. 9.) 

Mr. Prince presented the Third Annual Repor^of the State Commis^ 
sioner in Lunacy for the year 1875; which was "aid upon the table and 
ordered printed. ,« ^ 

{See Doc No. 10.) 

Mr. Lament presented a petition of the board of supervisors of CJhe- 
nango county to obtain a reduction of the salary of the members of the 
Legislature ; which was read and referred to the committee on the jadl* 

Mr. St. John presented a petition of John A. Gray and others, Com- 
missioners of the State Homoeopathic Medical Society, for th« pai8sag<e 
of an act regulating the appointment of trustees ; which was read and 
referred to the committee on public health, when appointed. 

The Clerk announced the following appointments : 

AaHstmU CforA; — Charles R. Dayton. 

JTowmaZCferA— William W.Pierson. „ „ . . ^ 

Deputy Clerks — William H. Stevens, Robert H. Hunter, Lewis H. 
Clark, and William H. Bogart. 

Librarian — William M. Ireland. 

AsaistarU Librarian — E. Payson Fancher. 

Superintendent of Documents — Sanders Wilson. 

Clerics and Bank Messenger— H. L. Glidden. 

Sergeant-iO-Arms' Messenger— Henry C. Shipman. 

Librarian's Messmger — ThomsBRowe. . . ^ ^ ,. . 

The Assembly sent for concurrence a resolution m the words following : 

Resolved (if the Senate concur), That when the Legislature adjourns 
on Thursday, January 6th, it be to meet on Tuesday morning, January 
11th, at eleven o'clock, a. m. 

On motion of Mr. Jacobs, and by unanunoua consent, the rules were 
suspended, in order that said resolution might be considered immedi- 

atel^ 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Orderedy That the Clerk return said resolution to the Assembly, with 
a message' informing that the Senate have concurred in the passage of 

By unanimous con«ent, Mr. McCarthy asked and obtained leave to 
introduce a bill entitled "An act to repeal part of chapter 149, Laws of 
1874 being an act entitled *An act to amend the act passed April 2f 



Digitized by 



Google 



[TUBSDAT, JaK. 11.] • t$0 

1872, entitled Ad act to amend chapter 654, Laws of 1871, entitled An 
act to amend the act passed Fehraary 17, 1848, entitled An act to aathor- 
ize the formation of corporations for mannfacturing, raining, mechanical 
or chemical purposes,' passed April 20, 1871," which was read the first 
time, and hy unanimous consent was also read the second time, and 
referred to the committee on the jadiciary, when appointed. 

By nnanimous consent, Mr. St. John asked and obtained leave to intro- 
dace a hill entitled '^An act regulating the appointment of trustees of the 
State HomcBopathic Asylum for the Insane, at Middletown," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on public health, when appointed. 

Mr. Booth offered the following : 

JUsdvedj That Henry L. Griswold be and is hereby appointed assist- 
antnofitraaster of the Senate in place of William A. Gedney who declines. 

Tne President put the question whether the Senate would agree to said 
resolation, and it was ^ecided in the affirmative. 

Mr. Woodin offered the following : 

In the maUer of the petition of James Cavanaugh^ claiming the seca of 

John (J, Jacobs in this body. 

Ordered, That the contestant file with the Clerk of the Senate, within 
ten days from the service of a copy hereof, an amended petition stating, 
at length and in detail, the grounds upon which he claims a seat in this 
body ; and it is further ordered, that the Clerk of the Senate serve a copy 
of this order upon the said Gavanaugh by ordering a copy thereof directed 
to him at his place of residence. 

Mr. Woodin moved that said order be entered at large upon the journal. 
The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 
On motion of Mr. Cole, the Senate adjourned. 



TUESDAY, JANUARY 11, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of Thursday, January 6, was read and approved. 

Hon. Sherman S. Rogers, Senator from the Thirty-first Senatorial dis- 
trict, appeared in the Senate and took and subscribed the constitutional 
oath of office. 

Senator Bpbertson, President pro tempore^ announced the following as 
the standing committees of the Senate for 1876 : 

On Claims. 
Mr. Moore, Mr. Harris, Mr. Loomis. 

On Finance. 
Mr. Harris, Mr. McCarthy, Mr. Moore, 

Mr. Hammond,^ Mr. Jacobs. 



Digitized by 



Google 



60 



[TUBSDAT, 



Mr. Bobertson^ 
Mr. Carpenter, 
Mr. Schoonmaker. 

Mr. Wellman, 



Mr. Oole, 
Mr. Doolittle, 
Mr. Starbaok. 

Mr. Selkreg, 
Mr. Bradley, 



Mr. Woodin, 
Mr. Baaden, 

Mr. Morrissey. 



On Judiciary. 

Mr. Prince, 
Mr. Bradley, 

On Militia. 
Mr. Doolittle, 

On Canals. 
Mr. Rogers, 
Mr. St. John, 

On RaUraads. 
Mr. Wagner, 
Mr. Eennadky. 

On Cities. 
Mr. Booth, 
Mr. Tobey, 



Mr. Bogers, 
Mr. Eennaday, 



Mr. Bixby. 



Mr. Sayre, 
Mr. Gerard, 



Mr. Tobey, 



Mr. Wagner, 
Mr Jacobs. 



On Roads and Bndges. 

Mr. Selkreg, Mr. Lament 

On Literature. 
Mr. Prince, Mr. Gerard. 

On State Prisons. 
Mr. Yedder, Mr. Schoonmaker. 

On Ranks. 
Mr. Wellman, Mr. St. John. 

On Insurance. 
Mr. Booth, Mr. Bradley. 

On Erection and Division of Towns and Counties. 
Mr. Emerson, Mr. Gole, Mr. Lament. 

On Agriculture. 
Mr. Prince, Mr. St John. 

On Commerce and Navigation. 

Mr. Moore, Mr. Coleman, 

Mr. Loomis. 

On Manufactures. * 
Mr. Baaden, Mr. Lament 

On Public Health. 
Mr. Booth, Mr. Bixby. 

On Privileges and Elections. 
Mr. Carpenter^ Mr. Starbaok* 



Mr. Sayre, 
Mr. Booth, 
Mr. Wellman, 
Mr. Ooleman, 
Mr. Tobey, 



Mr. Moore, 

Mr. Bogers, 
Mr. Bixby, 

Mr. Doolittle, 

Mr. Emerson, 

Mr. Prince, 



Digitized by VjOOQ IC 



Jav. 11.] 



ei 



Mr. Woodin, 
Mr. Cterard, 



Mr. Vedder, 
Mr. Baaden, 
Mr. Coleman, 
Mr. Selkreg, 
Mr. Carpenter, 
Mr. McCarthy, 
Mr. Coleman, 
Mr. Sayre, 



On BnffroBsed Bilh. 
Mr. Harrig, Mr. Rogers. 

Mr. St. John. 

On Indian Affairs. 
Mr. Selkreg, Mr. Kennaday. 

On Public Expenditures. 
Mr. McCarthy, Mr. Loomis. 

On Public Buildings. 
Mr. Emerson, Mr. Hammond. 



On Poor Laws. 
Mr. Cole, 

On Retrenchment. 
Mr. Emerson, 



Mr. Kennaday. 
Mr. Morrissey. 



On Charitable and Heligious Societies. 

Mr. Wellman, Mr. Starbnck. 



On Grievances. 
Mr. Baaden, 

On Salt. 
Mr. Woodin, 



Mr) Jacobs 



Mr. Morrissey. 



On Interned Affairs of Towns and Counties. 
Mr. Vedder, Mr. Sayre, Mr. Hammond. 



On Printing. 
Mr. Doolittle, 

On Villages. 
Mr. Wagner, 

On Joint Library. 
Mr. McCarthy, 

On Rules. 
Mr. Bobertson, 



Mr. Loomis. 



Mr. Morrissey. 



Mr. Schoonmaker. 



Mr. Jacobs. 



Mr. Wagner, 
Mr. Carpenter, 
Mr. Harris, 

Mr. Woodin, 

Mr. Prince reqaested to be excused ^om serving upon the committee 
on privileges and elections. 

Mr. Woodin moved that the question of agreeing to said request be 
laid apon the table. 

The President put the question whether the Senate would agree to said 
moUoo, and it was decided in the affirmative. 

Mr. McCarthy presented resolutions of the board of supervisors of 
Onondaga county asking for a repeal of the poll-tax law, as to persons 
over aeventy years of age ; whicn were read and ^referred to the com- 
mittee on roads and bridges. 



Digitized by 



Google 



63) [TuRBlMTi 

Mr. Oole presented a petitian of Jasper Bobertson for the releaae of 
the interest of the State of New York in certain lands in Orleans ooanty ; 
which was read and referred to the committee on the judiciary. 

Mr. Selkreg presented a memorial of the board of supervisors of 
Broome county relative to reducing the compensation of the members 
of the Legislature, and also that the provisions of chapter 605 of the 
Laws of 1875 be made applicable to the county treasurer of the county 
of Broome ; which was read and referred to the committee on finance. 

The President presented a Memorial of the Chamber of Commerce of 
the State of New York relative to the canals ; which was laid upon the 
table and ordered printed. 

{See Doe. No. 11.) 

Also, the Report of the New Capitol Commissioners for the year 1875 ; 
which was laid upon the table and ordered printed. 

{See Doc. No. 13.) 

Mr. Cole presented the Seventh Annual Report of the Trustees of the 
New York State Institution for the Blind ; which was laid upon the table 
and ordered printed. 

{See Doc. No. 14.) 

By unanimous consent, Mr. Cole asked and obtained leave to introduce 
a bill entitled ^Ah act to release the interest of the people of the State 
of New York in certam real estate to Jasper Robertson," which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on the judiciary. 

By unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled ^'An act to extend the provisions of chapter 881 of 
the Laws of 1875, entitled 'An act supplemental to the act entitled An 
act to provide for the incorporation of religious societies,' passed April 
5, 1813, of the several acts amendatory thereof," which was read the nrst 
time, and by unanimous consent was also read the second time, add 
referred to the committee on charitable and religious societies. 

By unanimous consent, Mr. Prince asked and obtained leave to intro- 
duce a bill entitled ^*An act further to amend chapter 270 of the Laws 
of 1850, entitled 'An act to authorize the appointment of commissioners 
to take the proof and acknowledgment of aeeds and other instruments, 
and to administer oaths in other States and territories,' " which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on the judiciary. 

By unanimous consent, Mr. Bradley asked and obtained leave to intro* 
duce a bill entitled '^An act to extend the time for the collection of taxes 
in the city of Elmira," which was read the first time, and by unanimoas 
consent was also read the second time, and referred to the comokittee on 
the judiciary. 

^ By unanimous consent, Mr. Gerard asked and obtained leave to Intro- 
duce a bill entitled ^^An act to facilitate the making good of banking 
capital when reduced by impairment or otherwise," which was read the 
first time, and by unanimous consent was also read the second time, and 
referred to the committee on banks. 

By unanimous consent, Mr. Harris asked and obtained leave to intro- 
duce a bill entitled '^An act to release lands which have escheated to the 
State to Catharine Will, widow of Charles Will, late of the city of 
Albany," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the jadidary. 



Digitized by 



Google 



Jijt. ll.l u 

By ananimouB ooBflfiDt, Mr. Harris Mked and obtained leave to intrO* 
diice a bill entitled ^'An act authorizing the board of saper visors of the 
eonnty of Albany to issue bonds to pay a portion of the bonds of said 
eounty that will mature during the year 1876^'' whioh was read the first 
timSi and by unanimous consent was also read the second time, and 
referred to the committee on the affairs of cities. 

By unanimous coosenty Mr. Harris asked and obtained leave to intro- 
duoe a bill entitled ^^An act to amend an act entitled 'An act to appoint 
a reporter of the dedsions of the supreme court,' passed April 22, 1 875,'' 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Bixby asked and obtained leave to intro- 
duce a bill entitled *' An act relating to the publication of judicial pro- 
oeedtngs and legal notices in New York city and county," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Emerson a^ked and obtained luave to intro- 
duce a bill entitled ^'An act to aineud the act eniiiled 'An act in rela- 
tion to weights and noieasures,' passed April 11, 1651," which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on internal afSa^irs. 

Mr. Woodin offered the following : 

Reaolnedj :That a special committee of five be appointed to which shall 
be referred the subject of apportionment of members of the Legislature, 
onder the last enumeration, with instructions to report by bill at an early 
day. 

Tlie President put the question whether the Senate would agree to said 
resolution, and it was deeided in the affirmative. 

Mr. Prince ofibred the following : 

WheteoA^ The Attomey-Oeneral has heretofore been authorized and 
reqoested, by resolutions of the Legislature, to institute suits in the 
United States courts to determine the boundary line between New York 
aod Connecticut through Long Island sound, apd also to obtain a decision 
as to the constitutionality of certain Connecticut oyster laws; and whereas, 
early aetion in theae matters is of grea;t importance to a large industrial 
interest in this. State; therefore^ 

Rmtvedy That the Attorney-General be requested to communicate to 
the Senate, at as early a day as practicable, information as to the condi- 
tion of said suits and the probability of their final conclusion. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Mr. Gerard offered the following : 

Whereat^ Recent circumstances have demostrated the dangerous char- 
acter aod extraordinary explosive force of certain manufactured com- 
pounds, known in commerce as nitro-glycerincj dynamite, or however 
elae the same may be termed ; therefore, 

JSssolifedy That the committee on the judiciary be instructed to review 
the legislation of this State and of the United States relative to the 
manufacture, storage, handling, lading, and transport of such substances 
within this State, and do take the testimony of such experts, artisans^ and 
traders in the above substances as may be deemed desirable; and do 
nport what further legislation .may be necessary relative to such com- 
poonda for the protection of the life and property of the citiEens of this 



Digitized by 



Google 



64 (;WBDN1«6dAV» 

State and elsewhere; and do, in their discretion, frame and report a bill 
for the above purpose ; and it is further 

Mesolvedy That if further legislation by Congress for regulating the 
commerce in the above articles between the States of this country or with 
foreign countries be deemed desirable by said committee, for the protec- 
tion of life and property as aforesaid, that said committee do report sutoh 
resolution as they may deem expedient as a recommendation to the Sena- 
tors and Representatives from this State in Congress for the passage by 
Congress of such further laws in the premises as may be deemed desir- 
able. 

The President put the question whether the Senate would agree to 
said resolutions, and it was decided in the affirmative 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bill entitled 
as follows : 

'^^An act to amend chapter 36 of the Laws of 187tS, entitled *An act 
to provide for a supply of water in the city of Yonkers,' pasfted Febru- 
ary 28, 1873." 

Afler some time spent therein the President resumed the chair, and 
Mr. Booth, from said committee, reported in favor of the passage of said 
named bill, which report was agreed to, and the same ordered engroseed 
for a third reading. 

By unanimous consent, Mr. Jacobs offered the following : 

lUsolved^ That the Clerk be directed to cause ail bills containing^ 
amendments to existing laws to be printed so that such amendments shall 
appear in italics. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

By unanimous consent, Mr. Prince offisred the follbwing : 

Meaolved^ That committees to which amendatory bills are referred be 
requested, in reporting them, to make the titles conform to the following 
form : 

^'An act to amend chapter of the Laws of , entitled 'An 

act,' " etc. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

The President announced the following appointment : 

MaU Carrier — WiWiHm C. Stead. 

On motion of Mr. Cole, the Senate adjourned. 



WEDNESDAY, JANUARY 12, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and apnroved. 

Mr. McCarthy presented a petition of the National Woman's Suffrage 
Association for a law authorizing women to vote for President and Vice- 
President of the United States ; which was read and referred to the 
committee on the judiciary. 



Digitized 



by Google 



Jak. 12.] 65 

Mr. Tobey presented a memorial of the board of supervisors of Clinton 
oonnty in relation to the compensation of public officera ; which was read 
and referred to the committee on finance. 

Mr. Coleman presented a memorial upon the same subject of the board 
of supervisors of Washington county ; which was read and refen*ed to 
the committee on finance. 

Mr. Harris, from the committee on finance, to which was referred the 
bill entitled ^^ An act repealing the limitation upon the expenditure of the 
sam appropriated to continue the work upon the new capitol building, 
pa98ed June 21, 1875,^' reported in favor of the passage of the same, 
with amendments, the title thereof amended so as to read ^'An act repeal- 
ing 80 much of section I of chapter 634 of the Laws of 1875 as fixes a 
limitation upon the expenditure of the appropriation for work upon the 
newcapitol," and said bill was committed to the committee of the whole. 

On motion of Mr. Harris, and by unanimous consent, the rules were 
suspended, and said bill was ordered to be considered in the first com- . 
mittee of the whole. 

The President presented the Fifty-first Annual Report of the Man- 
agers of the Society for the Reformation of Juvenile Delinquents ; which 
was laid upon the table and ordered printed. 

{See Doc. No. 16.) 

Also, the Report of the Commissioners for the Revision of the Statutes 
of the State of New York. 

Mr. Robertson moved that said report be referred to the committee on 
the jadiciary. 

The President put the Question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

The Assembly sent for concurrence a resolution in the words following: 

Whereas^ The transportation and business interests of the United 
States, and the commerce of the city and State of New York, require 
the prompt completion of the improvement of the navigation of the 
Harlem river and Spuy ten Duy vil creek, from the East river through the 
Harlem kills to the Hudson river, pursuant to the surveys and estimates 
already made under the authority of the United States, 

Resolved (if the Senate concur). That the Congress of the United 
States be respectfully requested to make such appropriations as are requi- 
Bit« for the vigorous prosecution and early completion of the improve- 
ment of the navigation of the Harlem river and Spuy ten Day vil creek 
from the East river through the Harlem kills to the Hudson river. 

Resolved (if the Senate concur), That a copjr of these resolutions be for- 
warded to the Senators and Representatives m Congress from this State. 

On motion of Mr. Robertson, and by unanimous consent, the rules 
were suspended, in order that said resolution might be considered imme- 
diately. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Ordered^ That the Clerk return said resolutions to the Assembly, with 
a message informing that the Senate have concurred in the passage of the 
same. 

By unanimous consent, Mr. Tobey asked and obtained leaye to intro- 
duce a bill entitled ''An act to amend the Code of Procedure," which 
was read the first time, and by unanimous consent was also read the 
seoood time, and referred to the committee on the judiciary. 

[Sbkatb JomufAL.] 9 

Digitized by VjOOQ IC 



66 



[Wbdiobsdat, Jan. 12.] 



By UDanimouB consent, Mr. Harris asked and obtained leave to intro- 
duce a bill entitled "An act in relation to county treasurers," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Hammond asiced and obtained leave to 
introduce a bill entitled "An act in relation to county treasurers," which 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Gerard asked s^nd obtained leave to intro- 
duce a bill entitled "An act to prevent injury to animals in the city of 
New York," which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on the judi- 
ciary. 

By unanimous consent, Mr. Prince asked and obtained leave lo intro- 
duce a bill entitled "An act in relation to the organization of certain 
business corporations," which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee 
on the judiciary. 

By unanimous consent, Mr. Bixby asked and obtained leave to intro- 
duce a bill entitled "An act in relation to the commissioner of Jurors in 
the city and county of New York," which was read the first time, and 
by unanimous consent was also read the second time, and referred to the 
committee on the affairs of cities. 

By unanimous consent, Mr. Rogers asked and obtained leave to intro-. 
duce a bill entitled "An act to provide for the payment of the expenses 
incuiTed by justices of the supreme court while engaged in attendance 
upon courts not assigned to them," which was read the first time, and by 
unanimous consent was also read the second time, and referred to the com- 
mittee on the judiciary. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bill entitled 
as follows : 

"An act repealing so much of section 1 of chapter 634 of the Laws of 
1875, as fixes a limitation upon the expenditure of the appropriation for 
work upon the new capitol." 

After some time spent therein the President resumed the chair, and 
Mr. Oole, from said committee, reported in favor of the passage of said 
named bill, with amendments, which report was agreed to, and said bill 
ordered engrossed for a third reading. 

On motion of Mr. Harris, and by unanimous consent, the rules were 
suspended, and said bill was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 





FOB THE 


APFIRMATIVK. 




Baaden 


Hammond 


McCarthy 


St. John 


Bixby 
Bradley 


Harris 


Moore 


Say re 


Jacobs 


Morrissay 


Tobey 


Ck>]6man 


Eennaday 


Prince, 


Vedder 


Doolittle 


Lamont 


Robertson 


Wagner 


Emerson 


Loomis 


Sogers 


Woodin 


Gerard 






Digitized by VjOC 



25 



[Thubsdat, Jan. 13.] 67 

fob ths negatiyb. 
Selkreg Starback 2 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
tbeir concurreuce therein. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bill entitled as follows : 

"An act to amend chapter 36 of the Laws of 1873, entitled 'An act 
to provide for a supply of water in the city of Yonkers,' passed February 
28, 1873." 

Mr. ^yoodin moved to reconsider the vote by which the resolution 
relative to the appointment of a committee of five, to which shall be 
referred the subject of apportionment of members of the Legislature 
under the last enumeration, was adopted. 

The President put the question whether the Senate would agree to 
■aid motion, and it was decided in the affirmative. 

Mr. Woodin moved to amend said resolution by striking out the word 
**fiv€," and inserting in lieu thereof the word " seven." 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The President then put the question whether the Senate would agree 
to Baid resolution, as amended, and it was decided in the affirmative. 

On motion of Mr. Cole, the Senate adjourned. 



THURSDAY, JANUARY 13, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

The President pro tempore announced the following appointments : 

Pages— 1>2l\\A E. Conley, George T. Conner, John Donohue, James 
T. wffeny, Aaron J. Mabee, John H. Guenther, Frank McNeil, and 
James Xeary. 

Mr. Say re presented the Thirty-third Annual Report of the Managers 
of the State Lunatic Asylum, Utica ; which was laid upon the table and 
ordered printed. 

{See Doc, No. 17.) 

Mr. McCarthy presented a petition of Horatio Ballard and others, of 
the town of Cortlandt, for a law compelling the Erie railroad to carry 
coal at the same price for all persons ; which was read and referred to 
the committee on railroads. 

By unuiiimous consent, Mr. Cole asked and obtained leave to introduce 
a bill entitled '*An act to amend an act entitled *An act to revise and 
coRSf^lidate the general acts relating to public instruction,' passed May 
2, 1864," which was read the firnt time, and by unanimous consent was 
also read the second time, and referred to the committee on literature. 

By unanimous consent, Mr. Cole asked and obtained leave to introduce 
a biU entitled '*An act to amend an act entitled 'An act to condense and 
amend the several acts relating to the village of Albion,' passed April 1, 



Digitized by 



Google 



68 [Thubbdat, Jan. 13.] 

1842,'^ which was read the first time, and by ananimous consent was also 
read the second time, and referred to the committee on the afEairs of vil- 
lagBS. . 

Dj unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled "An act to amend an act entitled *An act to regulate 
the practice of pharmacy and the sale of poisons in the city and county 
of New York,' passed May 22, 1872," which was read the nrst time, and 
by unanimous consent was also read the second time, and referred to the 
committee on public health. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled "An act to establish the Central New York Indus- 
trial School," which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on literature. 

By unanimous consent, Mr, Selkreg asked and obtained leave to intro- 
duce a bill entitled "An act to continue suits and actions," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Harris asked and obtained leave to intro- 
duce a bill entitled "An act to enable the Medical Society of the State 
of New York to alter the time of holding its annual meetings," which 
was read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on public health. 

By unanimous consent, Mr. Vedder asked and obtained leave to intro- 
duce a bill entitled "An act to provide for the reporting of persons in 
the various State benevolent institutions of the State," which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on internal afiairs. 

By unanimous consent, Mr. Bixby asked and obtained leave to intro- 
duce a bill entitled "An act relating to fines imposed in criminal cases," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. McCarthy asked and obtained leave to 
introduce a bill entitled "An act to amend chapter 692 of the Laws of 
1866, entitled 'An act fixing the fees of justices of the peace and consta- 
bles in civil and criminal cases, and the fees of jurors and witnesses in 
justices' courts, and other purposes," which was read the firet time, and 
by unanimous consent was also read the second time, and referred to the 
committee on the judiciary. 

Mr. McCarthy offered the following : 

Whereas^ It is important and desirable that this session of the Legis- 
lature shall be confined in its labors to such legislation only as affects the 
citizens of this State, and is within the scope of our legislative powers, 
inaugurating, improving, and perfecting wise and just laws for the fijov- 
ernmcnt and benefit of our people ; enforcing economy in all the depart- 
ments of the State government, reform of all existing abuses, honesty in 
the discharge of all ofiicial duty, and permanent relief of the people from 
all unnecessary taxation ; and whereas, the duration of the session of the 
Legislature will be materially shortened by thus confining our labors to 
the purposes and objects for which we were elected ; therefore. 

Resolved^ That so much of the annual message of His Excellency the 
Governor as relates to affairs exclusively within the scope and under the 
control of the National Legislature be respectfully referred, by the pre- 
siding oflicer of the Senate, to th« Speaker of the House of Representa- 
tives for presentation to Congress. 



Digitized by 



Google 



[Fbidat, Jan. 14.] 69 

Mr. Bradley moved that said resolation be laid upon the table. 

ThePreBident put the question whether the Seuate would agree to said 
motion, and it was decided in the negative. » 

Mr. Jacobs moved to amend said resolution by inserting, after the 
word " Resolvedf^^ the words " if the Assembly concur," so as to make 
the same concurrent. 

The President put ihe question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Ordered^ That said resolution be laid upon the table. 

The President presented the Annual Report of the Canal Appraisers ; 
which was laid upon the table and ordered printed. 

{See Doc. Nb.ie.) 

On motion of Mr. Bradley, the Senate ihen went into executive ses- 
aion ; and, after some time spent therein, the doors were opened, and 
legislative business resumed. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bill entitled as follows : 

^'An act repealing so much of section 1 of chapter 634 of the Laws 
of 1875 as fixes a limitation upon the expenditure of the appropriation 
for work upon the new capitoi." 

Mr. Selkreg offered the following: 

Rmlved, That 1 ,500 extra copies of the Report of the Canal Appraisers 
be printed ; 500 lor the use of the Appraisers, and 1,000 for the use of 
the Legislature. 

Orderedy That said resolution be referred to the committee on public 
priotiog. 

On motion of Mr. Booth, the Senate adjourned. 



FRIDAY, JANUARY 14, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Starbuck presented a communication of A. J. Brown relative to 
the protection of the United States Deposit Fun<l ; which was read and 
referred to the committee on finance. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to extend the time for the collection of 
tax^ in the city of Elmira," reported in favor of the passage of the same, 
with amendments. 

On motion of Mr. Bradley, and by unanimous consent, the rules were 
Baspended, and said bill was read a third time. 

The President put the question whether the Senate would agree to 
the final passaj^e of said bill, and it was decided in the affirmative, a 
majoriiy of all the members elected to the Senate voting in favor 
thereof, and three-fifths being present, as follows : 



Digitized by 



Google 



70 [Fkiday, 

FOR THK AFFISHAUVS. 

Baaden Emerson McCarthy Sayre 

Bixby • Gerard Morrissey Selkreg 

Bradley Hammond Prince Starbuck 

Cole Harris Robertson Tobey 

Coleman Lamont Rogers Woodin 

Doolittle Looniis St. 'John 23 

On motion of Mr. Bradley, and by unanimous consent, the rules were 
suspended, and the Clerk ordered to deliver said bill to the Assembly 
immediately, and request their concurrence therein. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act in relation to the organization of cer- 
tain business corporations," reported in favor of the passage of the same, 
and said bill was committed to the committee of the whole. 

The President presented the Annual Report of the State Board of 
Charities ; which was laid upon the table and ordered printed. 

{See Doc. No. 19.) 

Mr. Hammond presented the Annual Report of the Trustees of Willard 
Asylum for the Insane ; which was laid upon the table and ordered printed. 

{See Doc. No. 18.) 

The Clerk designated the following persons as reporters for the pablio 
press for the present session : 

John H. Farrell, Associated Press; William H. McElroy, Albany 
Evening Journal ; Charles J. Hailes, Albany Argus ; William H. Bo^art, 
New York World ; George W. Bull, Bu^alo Commercial Advertiser ; 
John A. Holten, New York Times ; Addison A. Keves, Albany Express ; 
Harry Edwards, Albany Evening Times; H. V. O'Connor, New York 
Telegram and Herald ; Charles F. Emery, New York Express; Edward 
Cropsey, New Yorker Journal ; Augustin Snow, Brooklyn Argus ; 
Somerville Geal, American Press Association j Henry L. Lamb, Roches- 
ter Democrat and Chronicle; William E. Kisselburgh, Troy Times; 
Henry C. Main, Troy Whig ; George H. Levy, Troy Press ; William H. 
FasFett, Elmira Advertiser; Charles H. Mosher, Syracuse Journal; 
Jam«s B. Swain, Hudson River Chronicle; E. J. Loomis, Chenango 
Telegraph ; D. L. Wing, Flushing Daily Journal. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled "An act to amend chapter 267 of the Laws of 1876, 
entitled 'An act for the incorporation of societies or clubs for certain 
lawful purposes,' passed May 12, 1875," which was read the first time, 
and by unanimous consent was also read the second time, and referred 
to the committee on the judiciary. 

By unanimous consent, Mr. Robertson asked and obtained leave to 
introduce a bill entitled "An act to amend an act entitled 'An act to 
authorize the villages of the State of New York to furnish pure and 
wholesome water to the inhabitants thereof,' passed April 29, 1^76," 
which was re.i<l the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the affairs of villages. 

By unanimous consent, Mr. Prince asked and obtained leave to intro- 
duce a bill entitled "An act further to amend chapter 681 of the Laws 
of 1873, entitled 'An act to establish communication between Riohmond 
oounty and New Jersey, incorporating the Tubular Transit Company, 
of Staten Island,' " which was read the first time, and by unauimons con' 



Digitized by 



Google 



Jan. 14.] 71 

sent was also read the second time, and referred to the committee on 
railroads. 

By UDanimous consent, Mr. Baaden asked and obtained leave to intro- 
daoe a bill entitled ^'An act to amend chapter 3 of the Laws of 1845, 
entitled 'An act to prevent persons appearing disguised and armed," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Loomis asked and obtained leave to intro- 
duce a bill entitled *'An act to divide the county of Otsego in two jury 
districts, and to provide for holding courts in and for said county alter- 
nately in each of said districts," which was read the first time, and by 
Qnammous consent was also read the second time, and referred to the 
committee on the judiciary. 

The Assembly sent for concurrence the bill entitled as follows : 

^An act to amend chapter 3 of the Laws of 1845, entitled 'An act to 
prevent persons appearing disguised and armed," which was read the 
first time, and by unanimous consent was also read the second time. 

On motion of Mr. Jacobs, and by unanimous consent, the rules were 
suspended, and said bill ordered considered in the first committee of the 
whole. 

Mr. Woodin offered the following : 

Besohed, That the following committees be and the same are hereby 
entitled to appoint clerks : Roads and bridges ; privileges and elections ; 
banks; commerce and navigation ; canals ; judiciary ; cities; finance; vil- 
lages; internal afiTairs ; claims; literature and public health (joint) ; rail- 
roads; insurance; charitable and religious societies and state prisons 
(joint); manufactures, agriculture and salt (joint). 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Mr. Woodin offered the following : 

Resolved, That the following committees be and the same are hereby 
entitled to appoint messengers : Commerce and navigation ; judiciary ; 
finance; villages; canals and engrossed bills (joint) ; itisurance and inter- 
nal a&irs (joint) ; cities ; railroads ; claims, agriculture and salt (joint) ; 
privileges and elections ; charitable and religious societies and state pris- 
ons (joint). 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Mr. Woodin offered the following : 

Iiei<dvedj That Chauncey O. Abbott be appointed clerk of the com- 
mittee on the affairs of cities, and William H. Sweeting messenger to 
the same ; said appointments to continue until the close of the session of 
1877. 

The President put the question whether the Senate would agree to said 
nsolution, and it was decided in the affirmative. 

Mr. Doolittle offered the following : 

Resokedt That when the Senate adjourns to-day it adjourn to meet on 
Monday, January 17th, at half-past seven o'clock, p. m. 

The rresident put the question whether the Senate would agree to said 
resolation, and it was decided in the affirmative. 

Mr. Robertson offered the following : 

Jtesohedj That Cornelius Eene be appointed clerk, and Isaac Wester- 
velt messeiiger, of the judiciary committee. 



Digitized by 



Google 



72 [PRIDAT, JjL». 14.] 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Mr. Robertson, on behalf of Mr. Moore, offered the following : 

Besolvedj That John F. Austin be appointed clerk of the committee 
on claims, and that Cyrus W. Hewitt be appointed messenger to the 
committee on claims, agriculture and salt (jointly). 

Mr. Robertson moved that said resolution be laid upon the table. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Vedder offered the following : 

Resolved^ That Lafayette G. Sweet be and he hereby is appointed clerk 
of the committee on internal affairs of towna and counties ; the appoint- 
ment to continue to the close of the session in 1877. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Mr. Sayre offered the following : 

Resolved^ That George M. Lowery be and he is hereby appointed 
clerk to the committee on roads and bridges for the session of 1870. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Mr. Selkreg offered the following : 

JReaolvedy That John Banker be appointed clerk, and Charles W. Pool 
messenger, to the committee on railroads for the sessions of 1876 and 
1877. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Mr. Tobey offered the following : 

Resolvedy That Orlando Kellogg be appointed clerk of the committee 
on insurance until the close of the session of 1876. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Mr. Coleman offered the following : 

Resolved^ That Alfred H. Comstock be and he is hereby appointed 
clerk to the committee on banks for the session of 1876. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Mr. Robertson moved that the bill entitled **An act to amend chap- 
ter 36 of the Laws of 1873, entitled *An act to provide for a supply of 
water in the city of Yonkers,' passed February 28, 1873," be recommit- 
ted to the committee on the affairs of cities, retaining its place in the 
order of the third reading of bills. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Rogers offered the following : 

Resolv^ (if the Assembly concur), That there be printed 1,500 extra 
copies of the Ninth Annual Report of the State Board of Charities 
(1,000 copies in paper covers and 600 copies bound in muslin), for the 
use of the board. 

On motion of Mr. Rogers, and by unanimous consent, the rulee Mrere 
suspended, in order that said resolution might be considered immedi- 
ately. , 

Ther President put the (question whether the Senate would agree to said 
resolution, and it was decided in the affirmative, as follows : ' 



Digitized by 



Google 



Emerson 


McCarthy 


Sayre 
Seikreg 


Gerard 


Morrissey 


Hammond 


Prince 


Starbuck 


Harris 


Robertson 


Tobey 


Lamont 


Rogers 
St. John 


Vedder 


Loomis 


Woodin 



[Monday, Jan. 17.] 73 

fob thb affibmatiys. 

Baadan 

Booth 

Bradley 

Cole 

Coleman 

I>ooUttle Loomis St.?ohn Woodin 24 

Ordered^ That the Clerk deliver said resolution to the Assembly, and 
reonest their concurrence therein. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the Assembly 
bill entitled as follows : 

**An act to amend chapter 3 of the Laws of 1846, entitled *An act to 
prevent persons appearing disguised and armed.' " 

After some time spent therein the President resumed the chair, and 
Mr. Tobev, from said committee, reported progress on said named bill, 
and asked and obtained leave to sit again. 
Mr. Seikreg moved that said bill be printed. 

Tlie President put the question whether the Senate would agree to said 
motioD, and it was decided in the aifirmative. 

On motion of Mr. Doolittle, the Senate adjourned. 



MONDAY, JANUARY 17, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The jonmal of Friday, January 14, was read and approved. 

Mr. Woodin presented a resolution of the board of supervisors of 

relative to reducing the salary of Member of Assembly to $1,000 ; which 
was read and referred to the committee on finance. 

Mr. Booth, from the committee on literature, to which was referred 
the bill entitled "An act to repeal chapter 363 of the Laws of 1875, 
entitled 'An act to amend chapter 324 of the Laws of 1871, entitled 
An act to incorporate the Sisterhood of Grey Nuns in the State of New 
York,' " reported in favor of the passage of the same, and said bill was 
oommitted to the committee of the whole. 

By unanimous consent, Mr. Coleman asked and obtained leave to mtro- 
daoe a bill entitled ''An act to amend an act entitled 'An act for estab- 
lishing a justice's court in the city of Troy,' passed May 6, 1834, and the 
several acts amendatory thereto ; also, to amend an act entitled 'An act 
to regulate the police of the city of Troy,' passed April 10, 1849, and 
the several acts amendatory thereof; also, to amend other acts relating 
to the city of Troy," which was read the first time, and by unanimous 
oonaent was also read the second time, and referred to the committee 
on the judiciary. 

By unaiiimous consent, Mr. Coleman asked and obtained leave to iriiro- 
dnce a bill entitled "An act to amend 'An act to establish and 'maintain 

[SXNATB JOUSNAL.1 10 r^ \ 

Digitized by VjOOQ IC 



74 [TUBSDAT, 

a polioe force in the city of Troy,' passed April 29, 1870 ; chapter 520, 
and to increase the powers and duties of the police commissioners of 
said city," which was read the first time, and by unanimous consent was 
also, read the second time, and referred to the committee on the afBurs 
of cities. 

By unanimous consent, Mr. Schoonmaker asked and obtained leave to 
introduce a bill entitled "An act to relieve married women from disabili- 
ties in transacting business," which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the com- 
mittee on the judiciary. 

By unanimous consent, Mr. Schoonmaker asked and obtained leave to 
introduce a bill entitled "An act to amend chapter 379 of the Laws of 
1848, entitled 'An act to simplify and abridge the practice, pleadings* 
and proceedings of the courts of this State,' passed April 12, 1848," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By tmanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled "An act to amend chapter 351 of the Laws of 1874, 
entitled *An act to equalize the State tax among the several counties in 
this State,' and to amend chapter 327 of the Laws of 1873 amendatory 
thereof," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on finance. 

The President presented the Report of the Managers of the New York 
State Inebriate Asylum ; which was laid upon the table and ordered 
printed. 

{See Doc. Ko. 20.) 

Mr. Selkreg presented an amended memorial of James Cavanagh 
claiming the seat of Hon. John C. Jacobs, Senator from the Third Senar 
torial district, made in compliance with a resolution of the Senate ; which 
was read and referred to the committee on privileges and elections. 

Mr. Carpenter offered the following : 

Hesolvedy That Philip H. Knickerbocker be appointed clerk of the 
committee on villages ; said appointment to continue until the end of the 
session of 1877. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

On motion of Mr. Emerson, the Senate adjourned. 



TUESDAY, JANUARY 18, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Schoonmaker presented a petition for the repeal of the act of 1876 
amending the act to incorporate the Sisterhood of Grey Nuns in the 
State of New York ; which was read and .referred to the committee of 
the whole. 

Mr. Bradley presented a petition of Joseph, Matthew and John Maokey 
for relief; which was read and referred to the committee on the judi- 
ciary. 

Digitized by VjOOQ IC 



Jah. 18.] 76 

Mr. Starbuck presented a petition of citizens of Cape Vincent for the 
repeal of the law exempting clergymen, church property, and private 
schools from taxation ; which was read and referred to the committee 
on finance. 

Mr. Gerard presented a petition of the night scavengers of the city of 
New York for an amendment to chapter 251 of the Laws of 1873 ; which 
wa^ read and referred to the committee on the affairs of cities. 

The President announced the following special committee on the appor- 
tionment of members of the Legislature : 

Messrs. Woodin, Rogers, Harris, Booth, Moore, Jacobs, and Gerard. 

Mr. Gerard presented the Annual Report of the Trustees of the Lenox 
Library ; which was laid upon the table and ordered printed. 

{See Doc. No. 21.) 

By ananimous consent, Mr. Wagner asked and obtained leave to intro^ 
dace a bill entitled "An act for the relief of George M. Thompson,' 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By ananimous consent, Mr. Bradley asked and obtained leave to intro- 
duce a bill entitled "An act to release the interest of the people of the 
State of New York in and to certain lands situate in the county of Schuy- 
ler, of which William Aston died seized, and granting and confirming the 
title to said lands in Joseph Mackey, Matthew Mackey, and John 
Hackey," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Bradley asked and obtained leave to intro- 
duce a bill entitled "An act to amend the Code of Procedure," which 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the comfnittee on the judiciary. 

By unanimous consent, Mr. Schoonmaker asked and obtained leave to 
introdace a bill entitled "An act relative to evidence," which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on the judiciary. 

By unanimous consent, Mr. Rogers asked and obtained leave to intro- 
dace a bill entitled '^An act in relation to posting notices and papers in 
the county of Erie,*' which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee 
on the judiciary. 

Mr. Cole offered the following : 

Be9(df>€dy That A. Judson Shelley be appointed clerk of the committee 
on canals, and Franklin Andes messenger of the same ; their appointments 
to continue during the session of 1876. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Mr. Rogers offered the following : 

^dvedy That George W. Bull be appointed clerk, and John C. 
Grimm be appointed messenger of the committee on commerce and navi- 
gation ; said' appointments to continue for the present year only. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Mr, Harris offered the following : 

Kesolvedy That Andrew S. Draper be appointed clerk, and Henry A. 
Allen messenger of the committee on finance during the session of the 
Legiahture for 1876. 



Digitized by 



Google 



76 [TUB6DAT| 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

By unanimous consent, Mr. Robertson asked and obtained leave to 
introduce a bill entitled ''An act further to amend chapter 446 of the 
Laws of 1874, entitled *An act to revise and consolidate the statutes of 
the State relating to the care and custody of the insane, the management 
of the asylums lor their treatment and safe-keeping, and the duties of 
the State Commissioner in Lunacy,* " which was read the first time, and 
by unanimous consent was also read the, second time, and referred to the 
committee on the judiciary. 

Mr. Qerard offered the following : 

Itesolved (if the Assembly concur), That the sixth article of the Con- 
stitution of the State be amended by adding thereto the following sec- 
tion : 

** SjEcnON 29. On the first day of January, 1879, the court of common 
pleas for the oitv and county of New York, and the superior court of 
the city of New York, shall cease to exist, and all the jurisdiction of said 
courts shall vest in, and all the judges of said courts then in ofiice shall 
become justices of, the supreme court ; and any judicial power as a county 
judge, and any other special authority and jurisdiction now vested in 
either of the courts hereby abolished, or in any or either of the judges 
thereof shall vest in the justices of the supreme court for the first depart- 
ment, to be exercised in such manner and under such limitations as the 
Legislature may prescribe ; or, so long as the Legislature shall not have 
acted, then in such manner and under such limitations and regulations as 
the general term for such first department shall from time to time prescribe; 
and thereupon the judges so transferred shall hold their places for the 
remainder of the respective terms for which they shall have been chosen 
or appointed, and suits, actions, appeals, motions, and proceedings then 
pending in the courts so abolished, shall be and become immediately 
transferred to the supreme court for the first department, without preju- 
dice to any undertaking, bond, pleading, deposition, or other entry or 
proceeding previouslv had therein ; and thereafter there shall be deven- 
teen justices of the supreme court for the first department (which shall 
consist of the city and county of New York), chosen or appointed as 
provided by the Constitution of this State, and the salaries of all said 
justices, except five, shall be provided for and paid by the city of New 
York. The general term of the first department shall hereaf^r consist 
of five justices, of whom three may constitute a quorum^ all of whom 
shall be designated in the manner in which general term justices are now, 
or shall hereafter be, authorized by law to be designated." 

Resolved (if the Assembly concur). That the foregoing amendment 
be referred to the Legislature to be chosen at the next general election 
of Senators ; and that, in conformity to section first of article thirteenth 
of the Constitution, it be published for three months previous to the 
time of such election. 

Ordered^ That said resolutions be laid upon the table. 

Mr. McCarthy called from the table the resolution in the words fol- 
lowing : 

Wherecu^ It is important and desirable that this session of the Legis- 
lature -shall be confined in its labors to such legislation only as affects the 
citizens of this State, and is within the scope of our legislative powers 
inaugoratins, improving, and perfecting wise and just laws for the gov 
ernment and benefit of our people ; enforcing economy in all the depart* 



Digitized by 



Google 



meofM of the State governmeali, reform of all existing abosesy hovesW in 
the discharge of all official dnty, and permanent relief of the people tjcom 
nil unnecessary taxation ; and whereas, the duration of the session of the 
Legislature will be materially shortened by thus confining our labors to 
the purposes and objects for which we were elected ; therefore, 

Raowed (if the Assembly concur). That so much of the annual mes- 
sage of His Excellency the Governor as relates lo affairs exclusively 
withifi the scope and under the control of the National Legislature be 
reitpeetiiiUy referred, by the presiding officer of the Senate, to the Spealter 
of the House of Representatives for presentation to Cotigress. 

Mr. MoCarthy moved to amenid the resolution so as to read as follows : 

WhereaSy It is important and desirable that this session of the Legis- 
latare shall be confined in its laboi*s to such legislation only as effects the 
citizens of thia State, and is within the scope of our legislative powers, 
inaugurating, improving, and perfecting wise and just laws for the gov- 
erunient and benefit of our people ; enforcing economy in all the depart- 
ments of the Slate govenment, reform of all existing abuses, honesty in 
the discharge of all official dntv,.and permanent relief of the people from 
all unnecessary taxation ; and whereas, the duration of the session of 
the Legislature will be materially shortened by thus confining our labors 
to the purposes and objects for which we were elected ; therefore, 

Resolved (if the Assembly concur). That we view, with astonishment 
and regret, tbe insignificant space allotted by the Governor, in his annual 
message, to the subject of reform, his absolute failure to suggest or recom- 
mend meairares for the correction of abuses in the administration of the 
affiiirs of the State government, while he devotes so large a part of the 
same to the oonsideration of national topics, over which the Legislature 
has no control or jarisdietion. 

Mr. Jacobs moved to lay the resolution upon the table. 

The Preaident put the question whether the Senate would agree to said 
motipD, and It was decided in the affirmative. 

Mr. Woodin ngioved to take firom the table the said resolution. 

The President put the question whether the Senate would agree to saidl 
motion, aod it was decided in the affirmative. 

Mr. Woodin moved that said resolution and the Governor's annual 
message be referred to the committee of the whole. 

The ft-esident put the question whether the Senate would agree to said 
motion, and it*was decided in the affirmative. 

A message was received fi'om His Excellency the Governor, and read 
in the wonts following : 

State of Nbw Toek, Exbcutivk Chamber, ) 
Alb-^ny, January 18, 1876. ) 
Toi^Senatex 

In answer to the resolution of tbe Senate requesting the Governor 
"at tlje earliest ^possible day, consistent with the public service, to 
communicate to the legislature the results of the investigations thus 
&r obtained by the commission, with the testimony thereto pertain- 
ing, and the titles and obiects of tbe actions now pending, with the 
prqgr^ thereon made, ana the names of the officials charged with 
complieity or connivance as aforesaid, in order that tbe legislature 
inaji in view of the| information thus furnished, determine what 
appropriation, if any, or other measures of legislation may be neces- 
swy. I have the honor respectfully to state : 



Digitized by 



Google 



78 [TVlSDAT, 

1. That the concurrent resolntion authorizing the Goyemor to 
appoint a commission to investigate canal affairs, passed in 1875, 
reqaires the said commission to report the testimony they shall take, 
together with such recommendations, in respect to tne same as 
they^ shall deem warranted bv the facts to the Governor and to the 
Legislature at the opening of the next session. 

The commission have made a series of report^ to the Governor, 
12 in number, on special cases and, I understand, are preparing 
with all diligence a general report to the Legislature in oomplianoe 
with the concurrent resolution, which will embrace ^^ all the results 
dins far obtained by the commission." 

2. The several reports of the commission to the Governor have 
been, from time to time, transmitted to the office of the Attorney- 
General for his consideration as to what legal remedies in behalf of 
the State should ,be instituted. The conduct of such actions is 
devolved by law upon the Attorney-General. The present incum- 
bent, as the Senate is doubtless aware, from the da^ of his taking 
office was engaged at the Oyer and Terminer of Erie county in the 
trial of one of the cases arising out of a report of the commission 
until a week after the adoption of your resolution. For particular 
information on the subject of this part of your inquiry, 1 respect- 
fully refer you to that officer. 

In the passage of my annual message referred to by your resola-* 
tion, I expressed the opinion that the object of primary and tran- 
scendent importance in the measures connected with the adminis- 
tration of canals is " to reform the system and to establish every 
possible security against the recurrence of the evils." 

This object is to be attained by an exposure of the wron^, by 
appropriate measures of legislation to prevent and punish similar 
wrongs hereafter, by the enforcement of existing laws imposing 
penalties ujjon the wrong-doers, and, as far as possible, by -compell- 
ing restitution. Even in the narrow sense of pecuniary^ advantage 
to the people, infinitely more is accomplished D^ breaking up the 
system than can be hoped to be recovered in civil action. If ade- 
quate proofs could always be had, complete restitution cannot 
always be effected ; still less full damages for wastes committed to 
enable the illicit profits to be gained which are often much larger 
than those profits. The expenditures in jobs connected with the 
canals have averaged from two to three millions of dollars annually. 
Nearly the whole of this amount can be saved to the treasury or 
left in the pockets of the tax payers without detriment to any public 
interest. For the present fiscal year that saving has been accom- 
plished irrespective of any litigations in the courts. There is no 
reason why the same saving should not be effected hereafter. 

The indictment, trial and conviction of persons who have com- 
mitted criminal offenses under existing laws have, for their object, 
the general purpose of remedial justice by deterring, in the future, 
from the comtnissibn of similar offenses. Civil actions by the State, 
while they have an incidental effect of the same nature, have the 



Digitized by 



Google 



JlH. 18.] 1i 

farther aad their main object of compelling restitutipn of the public 
money nnlawfallj taken. 

iDCUctmentS) since the law of 1873, can be foand at any time 
within five years of the time of the commission of the offense. 
Civil actions by the State, for the recovery of money in such eases, 
can, under the laws of 1876, be broneht at any time within ten 
years after the canse of action occurred. 

The inyestigations of the commission, faithful and laborious as 
they have been, leave unexplored far more than has been brought 
toli^t 

Omdal bodies like the canal board and the commissioners of the 
canal fund, ought to be clothed, as permanent standing authorities, 
with full powers of investigation, in their respective spheres, as to 
all wronss done in respect to public moneys or property. The 
Comptrofier, as the general fiscal representative oi the State, and 
perhaps other public officers ought to oe vested with. similar powers. 

It is quite manifest that it would overtask the powers of any one 
man to eonduct the criminal and civil actions tnat have been and 
oug^t to be instituted for these objects. Yast sums stolen from the 
timarj will be, as in similar cases they have been, employed in 
aecari]^ extraordinary service in leeal ability, in professional experts 
and in mdef atigable activity to d^end, by evoir technical artifice, 
the unjust possession. There is no force of detectives connected 
with .the office of the Attomey-Gleneral ; neither are the district 
attorneys his subordinates. 

The Attorney-General of the United States, on the other hand, 
has all of the district attorneys and all of the marshals and deputy- 
marshals, besides a large number of skilled experts, perfectly at his 
oommand ; and Congress every year makes a sufficient appropria- 
tion to meet whatever expenses may be necessary in the preparation 
of suits for trial 

The actions growing out of canal frauds involve the examination 
of oomplicated facts relating to construction, and the quality and 
ntilibr and value of the work ; and they cannot be properly pre- 
pared or tried without the assistance of experts. 

It has been usual to make a small annual appropriation to enable 
the Attorney-General to em^oy counsel to assist him in the dis- 
duurge of his official duties. The sug^stion in niv annual message, 
that the ordinary appropriation womd be insufficient, but that a 
" special " appropriation would be necessary to enable him to enforce 
the rights ot the State and to meet the just expectations . of the 
people, had reference to the expenses necessary for preparing these 
amts for trial, and for conducting these trials. 

SAMUEL J. TILDEN. 

The Senate then resolved itself into a committee of the whole, and 
proeeeded to the consideration of general orders, being the bill entitled 
aa follows : 

**An act in relation to the organisation of certain business oorpora- 
tioon" . 



Digitized by 



Google 



80. [WBDNtsbir, 

After some time spent therein the President reiSmned the ohilii*, aud 
Mr. Selkreg, from said oommittee, reported in favor of ^lle pasRagepf said 
named bill, with amendments, ^hieh report was agreed to, and the same 
ordered engrossed for a third reading. 

The Prei«ident pro tempore announoed the foUowine appoiotmente : 

AssiHant Doorkeepers — Steph^p, A. Carr, Albany ; Frank Chase, Erie ; 
Charles A. Chadsey, Columbia ; William Seamaq, Tompkins. . 

On motion of Mr. Woodiji, the Senate adjourqed^. ^ , 



WEDNESDAY, JANUARY 1», 1876^ 

The Senate met pursuant to adjournment. : 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Moore presented a petition of oitizens of Potsdam^' St. Lawrenoid 
county, asking for the repeal of the laws exempting cfaureh property 
frofti taxation ; which was read and referred to the oommittee on finaoee. 

Also, a petition of residents of St. Lawrenoe asking for an amendmeat 
to chapter 135 of the Laws of 1875 relative to the drainage, of overfly w^ 
and wet lands adjoining Black lake; ^hich was read and referred to tbo 
committee on finance. 

Also, a petition of the board of supervisors of St. Lawrence county 
for a concurrent resolution reducing the salary of members, pf the Lpgis- 
lature ; which was read and referred to the committee on finance. 

Mr. Robertson presented a petition of the pilots of Hell Gate for an 
amendment to the pilot law ; which was read and referred to the com- 
mittee on commerce and navigation. 

Mr. Robertson, from the committee on the ludidary, to '#hi(A i^as 
referred the bill entitled **An act to release lanas which have escheated 
to the Stote to Catherine Will, widow of Charles Will, late^ of the ^ity 
of Albany, N. Y.," reported in favor of the passage- of the same, with 
amendments, and said bill was committed to theoommittsh of the whole. 

Mr. Robertson, from the committee on the jadidai3y,:to which waa 
referred the bill entitled '* An acf in «relatiou tQ posting notiees and [japfers 
in the county of Erie," reported in favor of the passage of )the^amey with 
amendments, and said bill was committed to the committee of the yp^hole. 

Mr. Robertson, from the committee on the, judiciary, to which was 
referred the 
Laws of 1850, 

sioners to take the proof and acknowledgihent < 
meuts, and to administer oaths i^ other states and territories,** reported 
in favor of the passage of the same, with amendments, and said bill was 
committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled *^An act to rel<)ase the merest of th% p^ple of 
the State of New York in and to certain- lands situate in th^ county cyf 
Schuyler, of which William Aston died seized, and granting^ and cbti- 
firsuag the title to said lands in Joseph Maekey^ Matthew Macke^, and 
John Mackey," reported in favor of the passage of the name, with ametid- 
meats, and said bill was committed to the committee of the whole. 



rtson, irom Due commutec on Lne, juaiciary, lo wniCQ was 

bill entitled ''An act further tq"amend chapter 270 of the 

0, eiltitled •An act to authorize the appointment of cpmmis- 

te the proof and acknowledgihent of deeds and other tnstru- 



Digitized by 



Google 



Jur. 10.] 



il 



Vi, Robertson, from the committee on the judioiary, to which was 
referred the bill entitled **An act to amend an act entitled *An act to 
appoint a reporter of the dedsionB of the supreme court,' passed April 
22, 1875,*^ reported adversely thereto, which report was agreed to, and 
said bill rejected. 

Mr. Robertson, from the committee on the jadiciary, to which was 
referred the bill entitled *'An act to amend chapter 603 of the Laws of 
1866, entitled *An act fixing the fees of justices of the peace and consta- 
bles in civil and criminal cases, and the fees of jurors and witn^ses in 
justices' courts, and for other pur|>oses," reported adversely thereto, which 
report was agreed to, and said bill rejected. 

Mr. Carpenter, from the committee on the affitirs of villages, to which 
was referred the bill entitled '^An act to amend an act entitled 'An act 
to condense and amend the several acts relating to the village of Albion,' 
passed April 1, 1842," reported in favor of the passage of tne same, with' 
the title amended so as to read *'An act to amend chapter 125 of the 
Lavs of 1842, entitled 'An act to condense and amend the several acts 
relating to the village of Albion,' " and said bill was committed to the 
committee of the whole. 

Mr. Wagner, from the committee on public printing, to which was 
referred the resolution relative to printing 1,600 extra copies of the Report 
of the Canal. Appraisers, reported in favor of the adoption of the follow- . 
ing resolution : 

Resoltfed,. That 1,500 extra copies of the Report of the Canal Appraisers 
be printed ; 600 lor the use of the Appraisers, and 1,000 for the use of 
the Legislature. 

The rresident put the (j^uestion whether the Senate would agree to said 
resolntion, and it was decided in the affirmative, as follows : 





FOB THB 


AFFIBMATTVS. 




Baaden 


Emerson 


Morrissey 


Schoonmaker, 


Booth 


Qerard 


Prince, 


Selkreg 


firadley 


Hammond 


Robertson 


SUrbuck 


Carpenter 


Jacobs 


Rogers 


Tobey 


Cole 


Loomis 


St. John 


Wagner 
Wellman 


Coleman 


McCarthy 


Sayre 


Doolittie 


Moore 







26 

The President presented the resolutions of the common council of the 
city of New York relative to certain amendments to the registry law ; 
which were read and referred to the committee on the affitirs of cities. 

The Assembly sent for concurrence the bills entitled as follows : 

^An act to amend chapter 329 of the Laws of 1859, entitled ^An act 
to incorporate the fire department of the city of Syracuse," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the affairs of cities. 

Hr. McCarthy moved that said bill be considered in the first committee 
of the whole. 

The President put the question whether the Senate would amree to said 
motion, and it was decided in the negative, two-thirds of all the members 
elected to the Senate not voting in favor thereof 

'^An act in relation to the Central New York Institution for Deaf 
Mutes at Ronie," which was read the first time, and by unanimous oon- 



[SxirxXX JOUBKAL.] 



11 



Digitized by 



Google 



82 



[Wbdkssdat, 



sent was also read the second time, and referred to the committee on 
finande. 

The Assembly returned the bill entitled **An act repealing so much of 
section 1 of chapter 634 of the Laws of 1875, as fixes a limitation upon 
the expenditure of the appropriation for work upon the new capitol/* 
with a message that they had passed the same, with the following amend- 
ments : 

^ Strike out the words •* approve of," in line 2, section 2, and insert in 
lieu thereof the words " determine upon and adopt." 

Insert, after the word " story," in line 5 of section 2, the words " and 
to report their determination to the Legislature." 

Strike out all of section 2, after the word '* act," in line 6 thereof. 

The President put the question whether the Senate would concur in 
said amendments, and it was decided in the affirmative, a majority of 
all the members elected to the Senate voting in favor thereof, and three- 
fifths being present, as follows : 



Baaden 

Bixby 

Booth 

Carpenter 

Cole 

Coleman 

Doolittle 

Gerard 



FOB THB 


AFFIRMATIVB. 


Hammond 


Moore 


Harris 


Morrissey 


Jacobs 


Prince 


Kennaday 


Robertson 


Lament 


St. John 


Loomis 


Sayre 


McCarthy 


Schoonmaker 



Selkreg 

Starbuck 

Tobey 

Vedder 

Wagner 

Wellman 

Woodin 



29 



Orderedj That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in their amendments. 

By unanimous consent, Mr. Vedder asked and obtained leave to intro- 
duce a bill entitled "An act to provide for the removal of obstructions 
from Chautauqua lake, and dredging the outlet thereof," which was 
read* the first time, and by unanimous consent was also read the second 
time, and referred to the committee on financp. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled "An act to amend chapter 117 of the Laws of 1853/' 
which was read the first time, and by unanimons consent was also read 
the second time, and referred to the committee on.finance. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bill entitled as follows : 

"An act in relation to the organization of certain business corpora- 
tions." 

By unanimous consent, Mr. Moore attked and obtained leave to intro 
duce a bill entitled '^An act to amend chapter 135 of the Laws of 1 875 
entitled *An act to amend the act entitled An act to provide for the pro 
motion of public health, and for draining and reclaiming overflowed and 
wet lands adjoining Black lake and its tributaries in the counties of St. 
Lawrence and Jefferson, and for improving the hydraulic power at 
Ogdensburgh,' passed May 4, 1864, being chapter 577 of the Laws of 
1864, as amend^ by chapter 180 of the Laws of 1868, and chapter 360 
of the Laws of 1871," which was read the first time, and by unanincioas 
consent was also read the second time, and referred to the committee on 
finance. 

By unanimous consent, Mr. Kennaday asked and obtained leave to 
introduce a bill entitled '^An act to release the interest of the people* of 



Digitized by 



Google 



Jan. 19.] 



88 



the State of New York in certain real estate in the city of Brooklyn, 
county of Kings, and in the town of Newtown, county of Queens, to 
James Butler and Martha Butler," which was read the first time, and 
by unanimous consent was also read the second time, and referred to the 
committee on the judiciary. 

By unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled ''An act to repeal an act entitled 'An act in relation 
to the opening, widening, and extending of streets, avenues, and public 
places in the city of New York,' passed May 20, 1869," which was read 
the first time, and by unlfcnimous consent was also read the second time, 
and referred to the committee on the affairs of cities. 

By unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a hill entitled ''An act to repeal an act entitled 'An act to alter the 
map or plan of the city of New York by laying out thereon a public 
place for a parade ground, and to authorize the taking of the same,' 
pas^sed April 20, 1871," which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee on 
the affairs of cities. 

By unanimous consent, Mr. Morrissey asked and obtained leave to 
introduce a bill entitled *'An act in relation to the officers, clerks, and 
attaches of the marine court in the city of New York," which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on the affairs of cities. 

By unanimous consent, Mr. Bixby asked and obtained leave to intro- 
duce a bill entitled "An act in relation to clerks, deputy clerks, and assist- 
ant clerks of the several courts of record and surrogates* courts," which 
was read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the judiciary. 

The bill entitled '*An act in relation to the organization of certain 
basiness corpor.itions," was read a third time. 

The President put the question whether the Senate would agree to 
the^ final passage of said bill, and it was decided in the affirmative, a 
majority of all the mombers elected to the Senate voting in favor thereof, 
as follows : 



Baaden 

Bradley 

Carpenter 

Cole 

Coleman 

Doolittle 

Emerson 



FOR THB AFFIBMATIVB. 

Gerard Moore Schoonmaker 

Hammond Momssey Selkreg 

Harris Prince Starbuok 

Kennaday Robertson Tobey 

Loomis St. John Wagner 

McCarthy Sayre Wefiman 



25 



Ordered^ That the^Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

Mr. Wellman offered the following : 

JResolved^ That Hiram H. Wakely be appointed clerk, and Robert M. 
Richardson, Jr., be appointed messenger of the committees on State 
prisons and charitable and religious societies, jointly, for the senatorial 
term of 1876 and 1877. 

The President put the question whether the Senate would agree to said 
resolation, and it was decided in the affirmative. 



Digitized by 



Google 



H 



[WxBirBBBfT, 



Mr. Tobey offered the following : 

iietolvedy That Theodore Hotchkisa be and he is hereby appointed 
mesBenger of the committees on insarance and internal affairs for the 
session of 1876. 

The President pnt the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Mr. Bradley offered the fojlowing : 

Resolved (if the Assembly "concur), That 3,000 copies of the Governor's 
Annual Message be printed for the use of the executive department, and 
2,000 copies for the use of the Legislature. i 

Ordered^ That said resolution be laid upon the table. 

Mr. Woodin moved to take from the table the question of agreeing to 
the request of Mr. Prince to be excused from serving upon the com- 
mittee on privileges and elections. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

The President then put the question whether the Senate would grant 
said request of Mr. Prince, and it was decided in the affirmative. 

Mr. McCarthy asked to be excused from further service upon the com- 
mittee on charitable and religious societies. 

The President put the question whether the Senate would grant said 
request, and it was decided in the affirmative. 

The President, on behalf of the President pro tempore^ announced the 
following : 

Chairman of the committee on privileges and elections, Mr. McCarthy. 

Chairman of the committee on charitable and religious societies, Mr. 
Prince. 

Mr. Prince asked to be excused from serving upon the committee on 
charitable and religious societies. 

The President put the question whether the Senate would grant said 
request, and it was decided in the negative. 

Mr. Bradley moved to reconsider the vote by which the resolation 
appointing a clerk and messenger to the committees on charitable and 
religious societies and State prisons, jointly, was adopted. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the negative. 

Mr. McCarthy offered the following : 

Resolvedy That Adam C. Morey be and he is hereby appointed clerk 
of the committee on privileges and elections in the Senate for the session 
of 1876. 

The President put the question whether the Senate would agree to said 
resolation, and it was decided in the affirmative, as follows * 



Baaden 

Booth 

Carpenter 

Cole 

Coleman 



Bizby 

Bradley 

Bmerson 



FOB THB ▲FFIRMATIVB. 

Doolittle Moore 

Harris Morrissey 

Eennaday Robertson 

Lament Sayre 

McCarthy Selkreg 

FOB THB KBOA^TrVB. 

Gerard Prince 

Hammond St. John 

Loomis 



Tobey 
Wagner 
Well man 
Woodin 



Scboonmaker 
Starbuok 



19 



10 



Digitized by 



Google 



Jan. 19.] 85 

When the name of Mr. Emerson was called, he asked to be excased 
from voting. 

The President put the question whether the Senate would grant said 
request, and it was decided in the negative. 

Mr. Eennaday moved to reconsider the vote. 

The President put the <}uestion whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

The President then put the question whether the Senate would grant 
said request of Mr. Emerson, and it was decided in the negative. 

Mr. Emerson subsequently voted in the negative. 

Mr. Gerard called from the table the resolutions in the words following : 

Hesolved (if tlie Assembly concur), That the sixth article of the Con- 
stitution of the State be amended by adding thereto the following sec- 
tion : 

"Section 29. On the first day of January, 1879, the court of common 
pleas for the city and county of New York, and the superior court of 
the city of New York, shall cease to exist, and all the juiisdiction of said 
courts shall vest in, and all the judges of said courts then in office shall 
become justices of, the supreme court ; and any judicial power as a county 
judge, and any other special authority and jurisdiction now vested in 
either of the courts hereby abolished, or in any or either of the judges 
thereof shall vest in the justices of the supreme court for the first depart- 
ment, to be exercised in such manner and under such limitations as the 
I^egislature may prescribe ; or, so long as the Legislature shall not have 
acted, then in such manner and under such limitations and regulations as 
the general term for such first department shall from time to time prescribe; 
and thereupon the jud&res so transferred shall hold their places for the 
remainder of the respective terms for which they shall have been chosen 
or appointed, and suits, actions, appeals, motions, and proceedings then 
pending in the courts so abolished, shall be and become immediately 
transferred to the supreme court for the first department, without preju- 
dice to any undertaking, bond, pleading, deposition, or other entry or 
proceeding previously had therein ; and thereafter there shall be seven- 
teen justices of the supreme court for the first department (which shall 
consist of the city and county of New York), chosen or appointed as 
provided by the Constitution of this State, and the salaries of all s&id 
jnsticefl, except five, shall be provided for and paid by the city of New 
1 ork. The general term of the first department shall hereafter consist 
of five justices, of whom three may constitute a quorum, all of whom 
shall be designated in the manner in which general term justices are now, 
or shall hereafter be, authorized by law to be designated." 

Resolved (if the Assembly concur). That the ioregoing amendment 
be referred to the Legislature to be chosen at the next i^eneral election 
of Senators; and that, in conformity to section first of article thirteenth 
of the Constitution, it be published for three months previous to the 
time of such election. 

Mr. Gerard moved that said resolutions be referred to the committee 
on the judiciary. 

The President put the question whether the Senate would agree to said 
motion, *and it was decided in the affirmative. 
Mr. Gerard offered the following : 

Concorrent resolution proposing an amendment to section 3 of article 
5 of the Constitution. 



Digitized by 



Google 



86 [Ww>K«flDAT, 

Wkereasy At the annaal Bession of the Legislature of the State of New 
York, held for the year 1875, the following amendment to the Constitu- 
tion of the State of New York was agreed to by the Senate and Assem- 
bly, viz: 

liesolved (if the Assembly concar), That section 8 of article 5 of the 
Constitution be amended so as to read as follows : 

** § 8. A Superintendent of Public Works shall be appointed by the 
Governor, by and with the advice and consent of the S«nate, and hold 
his office until tt^ end of the term of the Governor by whom he was 
nominated, and until his successor is appointed and qualified. He shall 
receive a compensation to be fixed by law. He shall be required by 
law to give security for the faithful e^cecntion of his office before entering 
upon the duties thereof. He shall be charged with the execution of all 
laws relating to the repair and navigation ojf the canals, and also of those 
relating to the construction and improvement of the canals, except so 
far as the execution of the laws relatinu: to such construction 6r improve- 
ment shall be confided to the St^te Engineer and Surveyor ; subject to 
the control of the Legislature, he shall make the rules and regulations 
for the navigation or use of the canals. He may be suspended or removed 
from office by the Governor whenever, in his judgment, the public inter- 
est shall so require ; but in case of the removal of such Superintendent 
of Public Works from office, the Governor shall file with the Secretary 
of State a statement of the cause of such removal, and shall report such 
removal, and the cause thereof, to the Legislature at its next session. The 
Superintendent of Public Works shall appoint not more than three 
assistant superintendents, whose duties shall be prescribed by him, sub- 
ject to modification by the Legislature, and who shall receive for their 
services a compensation to be fixed by law. They shall hold their ofUce 
for three years, subject to suspension or removal by the Superintendent 
of Public Works whenever, in his judgment, the public interest shall so 
require. Any vacancy in the office of any such assistant superintendent 
shall be filled for the remainder of the term for which he was appointed 
by the Superintendent of Public Works; but in case of the suspension 
or removal of any such assistant superintendent by him he shall at once 
report to the Governor, in writing, the cause of such removal. All other 
persons employed in the care and management of the canals, except col- 
lectors of tolls, and those in the department of the State Engineer and 
Surveyor, shall be appointed by the Superintendent of Public Works, 
and be subject to suspension or removal by him. 

** The oflice of Canal Commissioner is abolished, from and after the 
appointment and qualification of the Superintendent of Public Works, 
until which time the Canal Commissioners shall continue to discharge 
their duties as now provided by law. The Superintendent of Pablic 
Works shall perform all the duties of the Canal Commissioners and Board 
of Canal Commissioners, as now declared by law, until otherwise pro- 
vided by the Legislature. 

" The Governor, by and with the advice and consent of the Senate, shall 
have power to fill vacancies in the office of Superintendent of Public 
Works; if the Senate be not in session, he may grant commissions 
which shall expire at the end of the next succeeding session of the 
Senate." 

And whereas^ Said proposed amendment was agreed to by a m^oriiy 
of all the members elected to each of the two Houses of the said Legis- 
lature, entered in their joamals, with the yeas and nays taken thereon, 



Digitized by 



Google 



Jan. 19.] 8? 

and referred to the Legislature to be chosen at the then next election of 
Senators ; 

And whereas J Sach- general election has taken place, and said pro- 
posed amendment was duly published for three months previous to the 
time of making such choice, in pursuance of the provisions of section 1 
of article 13 of the Constitution ; therefore, 

Resolved (if the Assembly concur), That the two Houses composing 
the present Legislature do agree to the proposed amendment. 

Orderedy That said resolution be laid upon the table. 

The hour of twelve o'clock, m., having arrived, the President announced 
the executive session. 

Mr. Cole moved that the executive session be postponed indefinitely. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the uflirmative. 

Mr. Emerson presented the Annual Report of the Managers of the 
Western House ot Refuge for Juvenile Delinquents for 1875 ; which was 
laid upon the table and ordered printed. 

{See Doc. No. 23.) 

Mr. Bradley moved to take from the table the resolution in the words 
following : 

Heiolvedy That John F. Austin be appointed clerk of the committee 
OD claims, and that Cyrus W. Hewitt be appointed messenger to the 
oommittee on claims, agriculture, and salt, jointly. 

Tlie President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 
Afler debate, 

Mr. Moore moved that said resolution be laid upon the table. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Emerson offered the following : 

Resohedy That 2,000 copies of the Twenty-seventh Annual Report of 
the Managers of the Western House of Refuge for Juvenile Delinquents 
be Drinted for the use of said Managers. 

Orderedy That said resolution be referred to the committee on public 
printing. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders^ being the Assembly 
bill entitled as follows : 

^An act to amend chapter 3 of the Laws of 1845, entitled^ An act to 
prevent persons appearing disguised and armed.' " 

After some time spent therein, the President resumed the chair, and 
Mr. Prince, from said committee, reported in favor of the passage of said 
named bill, with amendments, which report was agreed to, and the same 
ordtred to a third reading. 

On motion of Mr. Jacobs, and by unanimous consent, said bill was 
read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 



Digitized by 



Google 



88 



[TiknsbAT, 



rOB THB AFFIBMATIYE. 

Baadan Hammond McCarthy Say re 

Bixby Harris Morrissey Scnoonmaker 

Booth Jacobs Prince Tobey 

Bradley Eennaday Bobertson Wagner 

Carpenter Lamont Rogers Well man 

Coleman Loomis St. John Woodin 
Gerard 

FOB TUB NBQATIYB. 

Moore Selkreg Starbnok 8 

Mr. Bradley moved to reconsider the vote by which said bill was passed. 
The President put the question whether the Senate would agree to 
said motion, and it was decided in the negative, as follows ; 

FOB THB AFFIBHATIYB. 



25 



Bradley 
Carpenter 
Doolittle 
Hammond 


Eennaday 

Lamont 

McCarthy 

FOB 


Moore 
Rogers 
Selkreg 

TBB NBGATIYB. 


Starbuck 
Wellraan 
Woodin 


13 


Baaden 
Bixby 
Booth 
Coleman 


Gerard 
Harris 
Jacobs 
Loomis 


Morrissey 
Prince 
Robertson 
St. John 


Sayre 

Schoonmaker 
Tobey 
Wagner 


16 



Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the 
same, with amendments. 

On motion of Mr. Sayre, the Senate adjourned. 



THURSDAY, JANUARY 20, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain/ 

The journal of yesterday was read and approved. 

Mr. Rogers presented a petition of citizens of Tonawanda, Erie county, 
to repeal the law exempting clergymen from taxation ; which was read 
and referred to the committee on finance. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled ^^An act to amend chapter 267 of the Laws of 
1875, entitled *An act for the incorporation of societies or clubs for cer- 
tain lawful purposes,' " reported in favor of the passage of the same, w\th 
amendments, and said bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which wsla 
referred the bill entitled **An act to release the interest of the people of 
the State of New York in certain real estate in the city of Brooklyn, 
county of Kings, and in the town of Newtown, county of Queens, to 
James Butler and Martha Butler,** reported in favor of the passage of 
the same, and said bill was committed to the committee of the whole. 



Digitized by 



Google 



JAir. 20.] 89 

Mr. Harris, from the committee on finance, to which was referred the 
Assembly bill entitled "An act in relation to the Central New York 
Institution for Deaf Mutes, at Rome," reported in favor of the passage 
of the same, and said bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the Assembly bill entitled <'An act to amend chapter 329 of the 
Laws of 1859, entitled *An act to incorporate the fire department of the 
city of Syracuse,' " reported in favor of the passage of the same, and said 
bill was committed to the committee of the whole. 

The Assembly returned the following entitled bill, with a message that 
they have concurred in the {>as8age of the same : 

^'An act to extend the time for the collection of taxes in the city of 
Elmira." 

Ordered, That the Clerk deliver said bill to the Governor. 

The Assembly returned the following entitled bill, with a message that 
they had concurred in the amendments of the Senate thereto : 

*'Aq act to amend chapter 3 of the Laws of 1845, entitled 'An act to 
prevent persons appearing disguised and armed." 

Ordered, That the Clerk return said bill to the Assembly. 

The Assembly returned the bill entitled as follows : 

"Ad act repealing so much of section 1 of chapter 634 of the Laws of 
1875, as fixes a limitation upon the expenditure of the appropriation for 
work apon the new capitol. ' 

Ordered, I That the Clerk deliver said bill to the Governor. 

By unanimous consent, Mr. Moore asked and obtained leave to intrp- 
dnce a bill entitled **An act to amend chapter 180 of the Laws of 1868, 
entitled *An act to amend an act entitled An act to amend An act to 
provide for the preservation of public health, and for draining overflowed 
land adjoining Black lake and its tributaries, in the counties of St. Law- 
rence and Jefferson, and for improving the hydraulic power at Ogdens- 
bar^h, and the repeal of chapter 786 of the Laws of 1865 amendatory 
of chapter 577 of the Laws of 1864,'' which was read the first time, and 
by unanimous consent was also read the second time, and referred to the 
committee on finance. 

By unanimous consent, Mr. Wagner asked and obtained leave to intro- 
duce a bill entitled ''An act to authorize the city of Schenectady to bor- 
row money for current expenses," which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on the affairs of cities. 

By unanimous consent, Mr. Kennaday asked and obtained leave to 
introduce a bill entitled ''An act releasing all the right, title, and interest 
of the people of the State of New York of, in and to certain lands in 
the city of Brooklyn, in the county of Kinffs, formerly covered by the 
waters of New York bay," which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the com- 
mittee on the judiciary. 

By unanimous consent, Mr. Kennaday asked and obtained leave to 
introduce a bill entitled "An act to provide for ascertaining and deter- 
mining the claim of John Hay and others, claiming as heirs of John G. • 
Leake to certain lands and avails accruing from the sale and disposition 
of portions thereof upon the presumption of their having escheated to 
the State," whioh was read the first time, and by unanimous consent was 
alflOTMd the second time, and referred to the committee on the judiciary 

[SSBTATX JOUBNAL.1 12 



Digitized by 



Google 



By unanimous consent, Mr. Sayre asked and obtuned leave to intro- 
duce a bill entitled ''An act changlDg the name of the XJtica and Black 
River Railroad Company, and coavertioff its powers and franchises upon 
the company under the new title," which was read the first time, ana by 
unanimous consent was also read the second time, and referred to the 
committee on railroads. 

By unanimous consent, Mr. St. John asked and obtained leave to intro- 
duce a bill entitled '*An act to legalise and confirm the acts of Samuel 
H. Corwin, Abram Van Nest Powellson, William H. Stoddard, and 
Harrison Bull, justices of the peace, of the town of Wallkill, Orange 
county, and to enable them to file their official bonds," which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on the judiciary. 

By unanimous consent, Mr. Harris asked and obtained leave to intro- 
duce a bill entitled "An act for the relief of John Swinburne," which 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the committee on finance. 

By unanimous consent, Mr. Emerson asked and obtained leave to intro- 
duce a bill entitled '*An act providing for the api>ointment of additional 
notaries public," which was read the first time, and by unanimous con- 
sent was also read the second time, and referred to the committee on 
the judiciary. 

By unanimous consent, Mr. Starbuck asked and obtained leave to intro- 
duce a bill entitled ''An act to authorize surrogates to appoint receivers 
of real estate in certain cases," which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on the judiciary. 

By unanimous consent, Mr. Starbuck asked and obtained leave to intro- 
duce a bill entitled "An act to authorize the city of Watertown to bor- 
row money and issue bonds of the city therefor for the purpose of liqai- 
dating its present indebtedness," which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on the afiairs of cities. 

Mr. Prince offered the following : 

MeBolvedy That the committee on rules be requested to consider the 
subject of the committee list, in rule 17, to ascertain whether any changes 
can be made therein advantageously to the State, and the transaction of 
the business of the Senate ; especially with reference to the effect of the 
constitutional amendments in rendermg certain committees unnecessary, 
• and elevating new subjects to importance in legislation. Said committee 
to report at any time. 

Mr. Bradley moved to amend the resolution by striking out the words 
*' at any time," and inserting the words " within ten days." 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The President then put the question whether the Senate would agree 
to said resolution, as amended, and it was decided in the affirmative, as 
follows : 

FOB THB A.FFIB1CATIVB. 

Bizby Gerard Lament Rosers 

Bradley Hammond McCarthy St. John 

Carpenter Jacobs Morrissey Schoonmaker 

Emerson Eennaday Prince Starbuck le 



Digitized by 



Google 



Jav. 80.] »1 

70B THB NIBOATIYB, 

Baaden Doolittle Robertson Yedder 

Booth Harris Sayre Wagner 

Cole Moore Selkreg Woodin 

Coleman 18 

Mr. Gerard called from the table the cononrrent resolntion proposing 
an amendment to section 3 of article 5 of the Constitution providmg for 
the appointment of a Superintendent of Public Works. 

Mr. Gerard moved that said resolution be referred to the committee on 
the judiciary. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The Assembly sent for concurrence the bill entitled as follows : 

^^An act to amend chapter 742 of the Laws of 1871, entitled 'An act 
in relation to storage and the keeping of combustible material in the city 
of New York, the use and control of the fire-alarm telegraph, the incum- 
brance of hydrants, and other purposes connected with the prevention 
and extinguishment of fires therein, and imposing certain powers and 
daties upon the board of fire commissioners of the said city,' '' which 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the committee on the affairs of cities. 

The Senate then resolved itself into a commtltee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

^An act to release lands which have escheated to the State to Catha- 
rine Will, widow of Charles Will, late of the city of Albany, New York." 

^'An act in relation to posting notices and papers in the county of 
Erie." 

"An act to repeal chapter 853 of the Laws of 1876, entitled *An act 
to amend chapter 324 of the Laws of 1871, entitled An act to incor- 
porate the Sisterhood of Grey Nuns in the State of New York." 

After some time spent therein, the President resumed the chair, and 
Mr. Eennaday, from said committee, reported in favor of the passage of 
the first named bill, with amendments, which report was agreed to, and 
the same ordered engrossed for a third reading. 

Mr. Eennaday, from the same committee, reported in favor of the pas- 
sage of the second named bill, which report was agreed to, and the 
same ordered engrossed for a third reading. 

Mr. Eennaday, from the same committee, reported progress on the last 
nfimed bill, and asked and obtained leave to sit again. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred ihe bill entitled "An act authorizing the city of Schenectady to 
borrow money for current expenses," reported in favor of the passage of 
the same, and said bill was committed to the committee <Jf the whole. 

On motion of Mr. Woodin, and by unanimous consent, said bill wa« 
ordered considered in the first committee of the whole. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bill entitled as follows: 

''An act repealing so much of section 1 of chapter 634 of the Laws of 
1875, aa fixes a limitation upon the expenditure of the appropriation for 
work upon the new capitol." 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 



Digitized by 



Google 



M 



[Thubsdat, Ja3S. 80.] 



'^An act authorizing the city of Schenectady to borrow money for cur- 
rent expenses." 

Assembly, **An act to amend chapter 829 of the Laws of 1859, enti- 
tled •An act to incorporate the Are department of the city of Syracuse.* " 

"An act to release the interest of the people of the State of New York 
in and to certain lands situate in the county of Schuyler, of which William 
Aston died seized, and granting and oonnrmins the title to said lands in 
Joseph Mackey, Matthew Mackey, and John Maokey." 

Alter some time spent therein, the President resumed the chair, and 
Mr. Jacobs, from said committee, reported in favor of the passage of the 
first named bill, which report was agreed to, and the same ordered 
engrossed for a third reading. 

On motion of Mr. Wagner, and by unanimous consent, the rules were 
suspended, and the first naiCned bill was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor 
thereof, and three-fifths being present, as follows : 



FOB THB AFFIBHATIYB. 



Bradley 

Carpenter 

Cole 

Coleman 

Doolittle 

Emerson 

Gerard 



Harris 

Jac6bs 

Kennaday 

Lamont 

Loomis 

McCarthy 



Moore 

Morrissey 

Prince 

Robertson 

Rogers 

St. John 



Savre 

Schoonmaker 

Selkreg 

Starbuck 

Vedder 

Wagner 



25 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

Mr. Jacobs, from the same committee, reported in favor of the passage 
of the second named bill, which report was agreed to, and the same 
ordered to a third reading. 

On motion of Mr. McCarthv, and by unanimous consent, the rules 
were suspended, and the secona named bill was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
an^ three-fifths being present, as follows : 



FOB THB JLFFIBMATiyB. 



Bixby 

Booth 

Carpenter 

Cole 

Coleman 

Doolittle 

Emerson 



Gerard 

Harris 

Jacobs 

Kennaday 

Lamont 

Loomis 

McCarthy 



Moore 

Morrissey 

Prince 

Robertson 

Rogers 

St. John 



Sayre 

Schoonmaker 

Selkreg 

Starbuck 

Wagner 

Woodin 



26 



Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the tame. 

Mr. Jacobs, from the same committee, reported in lavor of the passage 
of the last named bill, which report was agreed to, and the same ordered 
engrossed for a third reading. 



Digitized by 



Google 



[FsiDAT, Jav. di.] n 

Mr. Prince moved that the bill entitled ''An act farther to amend chap- 
ter 270 of the Laws of 1850, entitled 'An act to authorize the appoint- 
ment of commisBionerB to take the proof and acknowledgment or deeds 
and other instrameuts, and to administer oaths in other states and terri- 
tories/' be recommitted to the committee on the jadiciary, retainihg its 
place on general orders. 

The President pat the qaestion whether the Senate woald agree to 
said motion, and it was decided in the affirmative. 

On motion of Mr. Woodin, the Senate then went into executive ses- 
sion ; and, after some time spent therein, the doors were opened, and 
laudative business resumed. 

The Senate agftin resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bill entitled 
as follows : 

^An act to amend chapter 125 of the Laws of 1842, entitled 'An act 
to condense and amend the several acts relating to the village of Albion.' " 

After some time spent therein, the President resumed the chair, and 
Mr. Booth, from said committee, reported in favor of the passage of the 
said named bill, with amendments, which report was agreed to, and the 
same ordered enerossed for a third reading. 

On motion of Mr. Cole, the SenXte adjourned. 



FRroAY, JANUARY 21, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The Journal of yesterday was read and approved. 

Mr. Woodin, from the committee on the affitirs of cities, to which was 
referred the bill entitled ''An act authorizing the board of supervisors 
of the county of Albany to issae bonds to pay a portion of the oonds of 
said county that will mature during the year 1876,'' reported in flavor of 
the passage of the same, with amendments, and said bill was committed 
to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled *^An act to amend an act entitled 'An act for 
establishing a justice's court in the city of Troy,' passed May 5, 1884, 
and the several acts amendatory thereto ; also, to amend an act entitled 
'Ad act to regulate the police of the city of Troy,' passed April 10, 1840, 
and the several acts amendatory thereof; also, to amend other acts relat- 
ing to the city of Troy," reported in favor of the passage of the same, 
and said bill was committed to the committee of the whole. 

Mr, Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled **An act to prevent injury to animals 
in the <Mty of New York," reported in favor of the passage of the same, 
with amendments, and said bill was committed to the committee of the 
whole. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows : 

*^An act to amend chapter 125 of the Laws of 1842, entitled 'An act 
to Gondense and amend the several acts relating to the village of Albion." 

Digitized by VjOOQ IC 



^4 [Fbi^at, 

"An act in relation to posting notices and papers in the oonnty of 
Erie." 

*'An act to release lands which have escheated to the State to Catha- 
rine Will, widow of Charles Will, late of the city of Albany, New York." 

"An act to authorize the city of Schenectady to borrow money for 
current expenses." 

"An act to release the interest of the people of the State of New York 
in and to certain laods situate in the county of Schuyler, of which Win. 
Aston died seized, and granting and confirming the title to said lands in 
Joseph Maokey, Matthew MacKey, and John Macke^." 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to legalize and connrm the acts of 
Samuel H. Corwin, Abram Van Nest Powellson, William H. Stoddart, 
and Harrison Bull, justices of the peace of the town of Walikill, Granite 
county, and to enable them to file their official bonds," reported in favor 
of the passa&^e of the same, and said bill was committed to the committee 
of the whole. 

Mr. St. John moved that said bill be considered in the first committee 
of the whole. 

The PrcBident put the (]|uestion whether the Senate would agree to 
said motion, and it was decided in ifte affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to amend chapter 8 of the Laws of 
1845, entitled *An act to prevent persons appearing disguised and armed,' " 
reported adversely thereto, which report was agreed to, and said bill 
rejected. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act for the relief of George M. Thompson," 
reported adversely thereto, which report was agreed to, and said bill 
rejected. 

Mr. Doolittle, from the committee on public printing, to which was 
referred the resolution to print 2,000 copies ot the Twenty-seventh 
Annual Report of the Managers of the Western House of Refuge for 
Juvenile Delinquents, reported in favor of the adoption of the following 
resolution : 

Resolved^ That 2,000 extra copies of the Twenty-seventh Annual 
Report of the Managers of the Western House of Refuge for Juvenile 
Delinquents be printed for the use of said Managers. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative, as follows : 

FOR THE AFFIBMATIVK. 

Morrissey Selkrog 

Robertson Starbuck 

Rogers Tobey 

Savre Wagner 

Schoonmsker Woodin 

21 

Mr. Emerson, from the committee on public health, to which was 
referred the bill entitled ''An] act regulating the appointmeut of trustees 
of the State Homodopatitic Asylum for the Insane, at Middletown," 
reported in favor of the passace of the same^ and said bill was commit- 
ted to3the committee of the whole; 



Bixby 


Kennaday 


Bradley 


Lament 


Doolittle 


Loomis 


Emerson 


McCarthy 


Gerard 


Moore 


Jacobs 





Digitized by 



Google 



Jiv. 21.] M 

Mr. Emerson, from the committee on public health, to which WaB 
referred the bill entitled '*An act to enable the Medical Society of the 
State of New York to alter the time of holdine its annual meetings," 
reported in favor of the passage of the same, and said bill was commit- 
ted to the committee of the whole. 

The Assembly returned the concurrent resolution to print 1,500 copies 
of the Annual Report of the State Board of Charities, with a message 
that they had concurred in the passage of the same. 

The Assembly sent for concurrence a resolution in the words following: 

JResolved (if the Senate concur). That 5,000 copies of the Comptrollers 
Report be printed; 2,500 in Englbh and 1,000 m German for the Legis* 
lature, and 1,500 copies for the use of the Comptroller, provided the same 
be done at a cost not exceeding the rates of tne last contract. 

Orderedy That said resolution be laid upon the table. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
doce a hill entitled '^An act to confirm the official acts of Walter H. 
Allen, a superintendent of the poor of the county of Seneca, and to ena- 
ble him to take and file his oath of office," which was read the first time, 
and by unanimous consent was also read the second time, and referred 
to the committee on the judiciary. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled ''An act to prevent the abuse of corporate franchises 
and special privileges conferred by law through their use for corrupt and 
partisan purposes,'' which was read the first time, and by unanimous con- 
sent was also read the second time, and referred to the committee on the 
judiciary. 

By unanimous consent,' Mr. Wagner asked and obtained leave to intro- 
daoe a bill entitled ''An act to amend section 4 of chapter 254 of the 
Laws of 1847, entitled 'An act concerning the laws, journals, and docu- 
ments of the Legislature," which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the com- 
mittee on public printing. 

By unanimous consent, Mr. Tobey asked and obtained leave to intro- 
duce a bill entitled '*An act to provide for the sale and exchange of the 
stock or bonds of any railroad corporation for the bonds of any munici- 
pal corporation ; and also authorizing the issuing of the bonds of such 
muoicipal corporation less in amount than had oeen before agreed or 
authorized,^* which was read the first time, and by unanimous consent 
was also read the second time, and referred (o the committee on the 
judiciary. 

By unanimous consent, Mr. Rogers asked and obtained leave to intro- 
duce a bill entitled "An act to amend an act entitled 'An act to facili- 
tate the reorganization of railroads sold under mortgage, and providing 
for the formation of new companies in such cases,' passed May 11, 1874," 
which was read the first time, and by unanimous consent was also read the 
second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Eennaday asked and obtained leave to 
introduce a bill entitled "An act for the better protection of human life 
on railways, steam yessels and shipping, and in the cities of this State," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Emerson asked and obtained leave to intro- 
duce a bill entitled "An act in relation to the collection of certain unpaid 
eounty taxes in the county of Monroe," which was read the first time,. 



Digitized by 



Google 



96 [Fbidit, 

and by unanimous consent was also read the second time, and referred to 
the committee on fiiiance. 

By unanimous consent, Mr. Bixby asked and obtained leave to intro- 
duce a bill entitled ''An act in relation to the court of general sessions 
of the peace in and for the city and county of New York," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the judiciary. 

The bill entitled ''An act to release lands which have escheated to the 
State to Catharine Will, widow of Charles Will, late of the city of 
Albany, New York," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, two- 
thirds of all the members elected to the Senate voting in favor thereof, 
as follows : 

FOB THB AFFIBMATIVB. 

Bixby Emerson McCarthy Schoonmaker 

Booth Gerard Moore Selkreg 

Bradley Jacobs Morrissey Starbuck 

Carpenter Kennaday Prince Tobey 

Cole Lament Robertson Wagner 

Doolittle Loomis Sayre 23 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled "An act in relation to posting notices and papers in 
the county of Erie," was read a third time. 

The President put the question whether the Senate would ag^ee to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
as follows : 

FOB THE AFFIBMATIVB. 

Bixby Gerard Moore Sayre 

Booth Jacobs Morrissey Selkrefi^ 

Bradley Kennaday Prince Starbuck 

Carpenter Lament Bobertson Tobey 

Cole Loomis Rogers Wagner 

Doolittle McCarthy St John Woodin 24 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

'The bill entitled '*Ad act to release the interest of the people of the 
State of New York in and to certain lands sitaate in the county of Schuy- 
ler, of which William Aston died seized, and granting and confirming 
the title to said lands in Joseph Mackey, Matthew Mackey, and John 
Mackey," was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of Baid bill, and it was decided in the affirmative, two-thirds 
of all the members elected to the Senate voting in favor thereof, aa fol- 
lows: 

FOB THB AFFIBMATrVB. 

Bixby Gerard Moore 

Bootn Jacobs Morrissey 

Bradley Kennaday Prince, 

Carpenter Lament Robertson 

Cole Loomis Rogers 

Doolittle McCarthy St. John 



Sayre 

Schoonmaker 

Selkreg 

Starbuck 

Tobey 

Wagner 24 



Digitized by 



Google 



Jah. 21.] 



97 



Orderedy That the Clerk deliver said bill to the Assembly, and request 
their ooncarrence therein. 

The bill entitled "An act to amend chapter 126 of the Laws of 1842, 
eoUtled 'An act to condense and amend the several acts relating to the 
village of Albion," was read a third time. 

The President put the qaestion whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 



FOB THB AFFIBHATIVB. 



Biiby 
Booth 


Gerard 


Moore 


Jacobs 


Morrissey 


Bradley 


Eennaday 


Prince 


Carpenter 


Lament 


Robertson 


Cole 


Loomis 


Rogers 
St. John 


DooUttle 


McCarthy 



Sayre 

Selkreg 

Starbuok 

Tobey 

Wagner 

Woodin 



24 



Ordered^ That the Clerk deliver said bill to the Assembly, and 
reqneat their concurrence therein. 

Mr. Robertson offered the following : 

JResolvedy That the Clerk of the Senate be and he is hereby authorized 
to purchase seven copies of Banks* edition of the Code of Procedure, 
and one copy of the revised edition of Abbott's New York Digest, to be 
placed and kept in the Senate library for the use of the Senate. 

The President put the question whether the Senate would agree to said 
resolntion, and it was decided in the affirmative, as follows * 



FOB THB ATFIBHATIVB. 



Bixby 
Booth 


Doolittle 


McCarthy 


Schoonmaker 


Gerard 


Morrissey 


Selkreg 


Bradley 


Jacobs 


Robertson 


Starbuok 


Carpenter 


Kennaday 


Rogers 


Tobey 


Cole 


Lament 


St. John 


Wagner 


Coleman 


Loomis 


Sayre 





23 

Mr. Doolittle offered the following : 

Resolved^ That when the Senate adjourn to-day it be until Monday 
evening nextt January 24th, at half-past seven o'clock. 

The President put the (question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Mr. Woodin, from the committee on rules, to which was referred the 
resolution relative to revising rule 17 of the Senate, reports that the 
committee have had the same under consideration, and directed their 
chairman to report to the Senate as follows : 

To ths Senate: 

The undersigned, the committee on rules, to which was referred the 
sabject-matters contained in the foregoing resolution, respectfully report, 
that we have had the same under advisement, and conclude that no 
change in the list of standing committees of the Senate is required ; that 



[Sbnatb JoxrHKAL.] 



18 



Digitized by 



Google 



98 [MONDAT, 

the amendmentB to the ConstitatioOy recently adopted, do not render 
obsolete any of the present standing oommittees, nor do they render the 
raising of any new or additional standing committee. 
All which IS respectfully submitted. 

WM. B. WOODIN, 
JNO. C. JACOBS, 
W. H. ROBERTSON, 

flommitUe. 

Mr. Woodin moved that said report be laid upon the table. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 

**An act to legalize and confirm the acts of Samuel H. Corwin, Abram 
Van Nest Powellson, William H. Stoddard, and Harrison Bull, justices 
of the peace of the town of Wallkill, Orange county, and to enable them 
to file their official bonds." 

*^An act to amend chapter 267 of the Laws of 1875, entitled ^An act 
for the incorporation of societies or clubs for certain lawful purposes.' *' 

*'An act to release the interest of the people of the State of New York 
in certain real estate in the city of Brooklyn, county of Kings, and in 
the town of Newtown, county of Queens, to James ^Butler and Martha 
Butler." 

After some time spent therein, the President resumed the chair, aad 
Mr. Bradley, from said committee, reported in favor of the passage of said 
named bills, which report was agreed to, and the same ordered engrossed 
for a third reading. 

The Senate again resolved itself into a committee of the whole, and 

Eroceeded to the consideration of general orders, being the Assembly 
ill entitled as follows : 

^*An act in relation to the Central New York Institution for Deaf 
Mutes, at Rome." 

After some time spent therein, the President resumed the chair, and 
Mr. McCarthy, from said committee, reported in favor of the passage of 
said named bill, which report was agreed to, and the same ordered to a 
third reading. 
On motion of Mr. Rogers, the Senate adjourned. 



MONDAY, JANUARY 24, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of. Friday, January 21, was read and approved. 

The Assembly sent for concurrence the bills entitled as follows : 

"An act to repeal chapter 363 of the Laws of 1876, entitled *Au act 
to amend chanter 324 of the Laws of 1871, entitled An act to incorpo- 
rate the Sisterhood of Grey Nuns in the State of New York," which was 
read the first time, and by unanimous consent was also read the Becoud 
time, and referred to the committee of the whole 



Digitized by 



Google 



Jan. 24.] 99 

"Ad act to authorize the mayor of the city, and the supervisor of the 
towD, of BinghamtOD, to sell and convey the real estate of said city and 
town sitnate in said city for hridge or highway purposes," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the affairs of cities. 

**An act to provide for the employment of convicts and paupers under 
the control of the commissioners of public charities and correction of 
the city and county of New York, and the commissioners of charities of 
the county of Kings," which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee on 
the afiairs of cities. 

"An act to legalize and confirm the official acts of the supervisor, town 
clerk, and justices of the peace of the town of Madrid, in the county of 
St Lawrence, during the year 1872, in issuing the bonds of said town to 
the amount of seven hundred and fifty dollars, for the purpose of com- 
pleting the town hall in said town, and to legalize the vote of the elec- 
tors of said town, at their annual town meeting in 1872, authorizing 
the issuing of said bonds," which was read the first time, and by unani- 
moas consent was also read the second time, and referred to the com- 
mittee on the judiciary. 

The Assembly sent for concurrence a resolution in the words fol- 
lowing : 

Eesolved (if the Senate concur). That 1,600 copies of the Ninth Annual 
Report of the New York Institution for the Improved Instruction of 
Deaf-mutes be printed for the use of the institution, provided the Bwne 
be done at the contract rate of last year. 

Ordered, That said resolution be referred to the committee on public 
printing. 

Also, the following : 

Resolved {if the Senate concur). That there be printed of the Annual 
Message of the Governor 6,000 extra copies in English, and 2,000 copies 
in German for the use of the Legislature, provided the same be done at 
the rate not exceeding the contract price of last year. 

Ordered^ That said resolution be referred to the committee on public 
printing. 

Also, the following : 

Resolved (if the Senate concur). That 1,000 copies of the Twenty- 
second Annual Report of the Superintendent of Fublio Instruction bo 
printed and bound in cloth for distribution by that ofiUcer ; one copy, also, 
for each school district and school commissioner in the State, and 600 
copies, bound in cloth, for the use of the Legislature, provided the same 
be done at a cost not to exceed the contract rates of last year. 

Ordered^ That said resolution be referred to the committee on public 
printing. 

Also, the following : 

Resolved^ That 2,000 extra copies of the Fifty-seventh Annual Report 
of the New York Institution for the Instruction of Deaf and Dumb be 
printed for the use of the institution, provided the same be done at a rate 
not exceeding the contract price of last year. 

Ordered^ That said resolution be referred to the committee on public 
printing. 

Also, the following : 

Resolved (if the Senate concur). That 1,000 extra copies of the Adju- 
tant-General's Report be printed and bound for the use of said depart- 



Digitized by 



Google 



100 [Moin>AY9 Jai!C. 24.] 

ment, provided the same be done at a cost not to exceed the contract 
rates of last year. 

Ordered^ That said resolution be referred to the committee on public 
printing. 

Also, the following : 

Hesolved (if the Senate concur), That 260 copies of the Governor's 
Pardon Report be printed for the use of the executive chamber. 

Ordered^ That said resolution be referred to the committee on public 
printing. 

By unanimous consent, Mr. Harris asked and obtained leavd to intro- 
duce a bill entitled ^^An act to release the interest of the people of the 
State of New York in certain real and personal estate, m the city of 
Albany, to Mrs. Mary Eliza Castle of said city," which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the committee on the judiciary. 

By unanimous consent, Mr. St. John asked and obtained leave to intro- 
duce a bill entitled "An act to authorize the city of Newburgh to raise 
certain moneys by tax for the care and improvement of Washington's 
Headquarters," which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on the affairs 
of cities. 

By unanimous consent, Mr. Schoonmaker asked and obtained leave' to 
introduce a bill entitled "An act to amend an act entitled 'An act to 
revise and consolidate the several acts relating to public instruction,' 
passed May 2, 1864, as amended by an act passed April 16, 1867," which 
was real the first time, and by unanimous consent was also read the 
sec(md time, and referred to the committee on literature. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled "An act to grant the easement to a portion of the 
disused orij^inal channel of the Erie canal, of which the State has not yet 
abandoned its legal title, for the right of way to construct a ditch to 
benefit the public health, in the county of Wayne, under the provisions 
of chaptei 888 of the Laws of 1869," which was read the first time, and 
by L oar.^'!K>us consent was also read the second time, and referred to the 
cominittee on canals. 

Mr. Carpenter offered the following : 

Jiesolvedi That Whitfield Irish be and he hereby is appointed messen- 
ger to the standing committee on villages until the end of the session of 
1876. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

"An act to enable the Medical Society of the State of New York to 
alter the time of holding its annual meeting,." 

"An act authorizing the board of supervisors of the county of Albanv 
to issue bonds to pay a portion of the bonds of said county that ^wiil 
mature during the year 1876." 

After some time spent therein, the President resumed the chair, and 
Mr. Loomis, from said committee, reponed in favor of the passage of the 
said named bills, which report was agreed to, and the same ordered 
engrossed for a third reading. 

Mr. Selkreg called from the table the resolutions in the words following : 



Digitized by 



Google 



[TuxBDAT, Jan. 25.] 101 

Besohed (if the Agsembly concur), That 3,000 copies of the Governor's 
Annoal Message be printed for the use of the executive department, and 
2,000 copies for the use of the Legislature. 

Besolved (if the Senate concur). That 5,000 copies of the Comptroller's 
Report be printed ; 2,500 in English and 1,000 in Oerman for the Legis- 
lature, and 1,600 copies for the use of the Comptroller, provided the same 
be done at a cost not exceeding the rates of the last contract. 

Mr. Selkreg moved that said resolutions be referred to the committee 
CD pablic printing. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

On motion of Mr. Booth, the Senate adjourned. 



TUESDAY, JANUARY 25, 18»6. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Selkreg presented three petitions of citizens of Seneca, Tompkins 
and Cayuga counties for a modification of the game laws; which were 
read and referred to the committee on internal affairs. 

Also, a petition of citizens of Maine, Broome county, in favor of the 
repeal of tne law exempting church property from taxation ; which was 
r^d and referred to the committee on finance. 

Mr. Cole presented a petition of citizens of the village of Albion for 
the oonstruction of a road bridge over the Erie canal in the village of 
Albion, Orleans county ; which was read and referred to the committee 
on canals. 

Mr. Tobey presented a petition of the board of supervisors of Warren 
oounty relative to the compensation of public officers ; which was read 
and referred to the committee on finance. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows : 

*'An act to legalize and confirm the acts of Samuel H. Corwin, Abram 
Tan Kest Powellson, William H. Stoddard, and Harrison Bull, justices 
of the peace of the town of Wallkill, Orange county, and to enable them 
to file weir official bonds." 

''An act to release the interest of the people of the State of New York 
in certain real estate in the city of Brooklyn, county of Kings, and in 
the town of Newtown, county of Queens, to James Butler and Martha 
BuUer." 

^An act to amend chapter 267 of the Laws of 1875, entitled 'An act 

for the incorporation of societies or clubs for certain lawful purposes.' " 

''An act authorizing the board of supervisors of the county of Albany 

to issue bonds to pay a portion of the bonds of said coanty that will 

mature daring the year 1876.'' 

''An act to enable the Medical Society of the State of New York to 
alter the time (rf holding its annual meeting." 



Digitized by 



Google 



102 [TtTESDAT, 

The President presented the Report of the New York Infant Asylum 
for the year ending December 31, 1875 ; which was laid upon the table 
and ordered printed. 

{See Doc. No. 26.) 

Also, the Annual Report of the Board of Managers of the Buffalo 
State Asylum for the Insane ; which was laid upon the table and ordered 
printed. 

{See Doc. No. 27.) 

By unanimous consent, Mr. Cole asked and obtained leave to introduce 
a bill entitled *'An act to authorize the Canal Commissioners to con- 
struct a road bridge over the Erie canal in the village of Albion, in the 
county of Orleans," which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee on 
canals. 

By unanimous consent, Mr. Hammond asked and obtained leave to 
introduce a bill entitled "An act to divide the State into judicial dis- 
tricts," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the judi- 
ciary. 

Mr. Hammond moved that said bill be printed pending its considera- 
tion by the committee on the ludiciary. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the afiirmative. 

By unanimous consent, Mr. Prince asked and obtained leave to intro- 
duce a bill entitled "An act to provide a sinking fund to limit and reduce 
the indfcbtedness of the city and county of New York," which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on the affairs of cities. 

By unanimous consent, Mr. Jacobs asked and obtained leave to intro- 
duce a bill entitled "An act to amend chapter 379 of the Laws of 1848, 
entitled 'An act to simplify and abridge the practice, pleadings, and 
proceedings of this State," which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the committee 
on the judiciary. 

By unanimous consent, Mr. Gerard asked and obtained leave to intro- 
duce a bill entitled "An act to facilitate the removal of clouds upon and 
apparent liens upon title to real estate," which was read the first time, 
and by unanimous consent was also read the second time, and referred to 
the committee on the judiciary. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled "An act in relation to petit jurors and verdicts,*' 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Starbuck asked and obtained leave to intro- 
duce a bill entitled "An act regulating the forfeiture of life insarance 
policies," which wan read the first time, and by unanimous consent ^was 
also read the second time, and referred to the committee on in(»uranoe. 

Mr. Starbuck moved that said bill be printed pending its consideration 
by the committee on insurance. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

By uiiaiiinious consent, Mr. Emerson asked and obtained leave to intro- 
duce a bill entitled "An act to amend an act entitled 'An act to amend 



Digitized by 



Google 



Jiir. 25.] 



108 



and consolidate the several acts in relation to the charter of the city of 
Rochester,' passed April 8, 1861, and the various acts amendatory 
thereof," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the affairs of 
cities. 

Mr. Emerson moved that said bill be printed pending its consideration 
by the committee on the a&irs of cities. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The bill entitled ''An act to release the interest of the people of the 
State of New York in certain real estate in the city of Brooklyn, county 
of Kmgs, and in the town of Newtown, county of Queens, to James 
Batler and Martha Butler," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, two- 
thirds of all the members elected to the Senate voting in favor thereof, 
as follows : 



Baaden 

Biiby 

Booth 

Bradley 

Carpenter 

Cole 

Coleman 



FOB TUB APFIBlCJLTiyB. 

Emerson McCarthy Schoonmaker 

Gerard Prince Selkreg 

Harris Robertson Starbuck 

Eennaday Rogers Tobey 

Lament St, John Vedder 

Loomis Sayre Wagner 



25 



Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled '*An act to legalize and confirm the acts of Samuel 
H. Corwin, Abram Van Nest Powellson, William H. Stoddard, and 
Harrison Bull, justices of the peace, of the town of Wallkill, Orange 
county, and to enable them to file their official bonds," was read a third 
time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereoti 
and three-fifths being present, as follows : 



Baaden 

Biiby 

Booth 

Bradley 

Carpenter 

Cole 

Coleman 



FOB THB AFFIBMATIYB. 

Gerard Morrissey Schoonmaker 

Hammond Prince Selkreg 

Kennaday Robertson Starbuck 

Lamont Rogers Tobey 

Loomis St. John Yedder 

McCarthy Sayre Wagner 



25 



Ordered^ That the Clerk deliver said bill to the Assembly, and request . 
their concurrence therein. 

The bill entitled "An act to amend chapter 267 of the Laws of 1875, 
entitled 'An act for the incorporation of societies or clubs for certain 
lawful purposes,' ^ was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
as follows: 

Digitized by VjOOQ IC 



104 



[TlTBSDAT, 



FOB THE JLFFIBHJLTiyS. 

Bixby Gerard Morrissey Schoonmaker 

Bradley Hammond Prince Selkreg 

Carpenter Kennaday Robertson Starbuck 

Cole Lamont Kogers Vedder 

Coleman Loomis St. John Wagner 

Emerson McCarthy Sayre 



23 



Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled '^An act to enable the Mediokl Stociety of the State 
of New York to alter the time of holding its annual meeting,'' was read 
a third time. 

The President put the (Question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
as follows : 



FOB THB AFFIBHATrVB. 



Bixby 

Booth 

Bradley 

Carpenter 

Cole 

Coleman 

Emerson 



Gerard 

Hammond 

Harris 

Eennaday 

Lamont 

Loomis 

McCarthy 



Morrissey 


Schoonmaker 


Prince 


Selkreg 


Robertson 


Starbuck 


Rogers 
St. John 


Tobey 


Vedder 


Sayre 


Wagner 



26 



Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled **An act authorizing the board of supervisors of the 
county of Albany to issue bonds to pay a portion of the bonds of said 
county that will mature during the year 1876," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor 
thereof, and three-fifths being present, as follows : 



FOB THB AFFIBHATIYB. 



Baaden 

Bradley 

Carpenter 

Cole 

Coleman 

Emerson 



Gerard 


Morrissey 


Harris 


Prince 


Eennaday 


Bobeitson 


Lamont 


St. John 


Loomis 


Savre 
Schoonmaker 


McCarthy 



Selkrefi: 

Starbuck 

Tobev 

Vedder 

Wagner 

Woodin 



24 



Orderedy That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The Assembly bill entitled "An act in relation to the Central New 
York Institution for Deaf-mutes, at Rome," was read a third time. 

The President pat the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, and 
three-fifths being present, as follows : 



Digitized by 



Google 



Ji5.25.] 105 

FOB THB ▲FFIBMJLTIVB. 



Bixby 


Harris 


Prince 


Selkreg 


Booth 


Kennaday 


Robertson 


Starbuck 


Carpenter 


Lamont 


• Rogers 


Tobey 


Coleman, 


Loomis 


St. John 


Vedder 


Gerard 


McCarthy 


Sayrej 
Schoon maker 


Wagner 


Hammond 


Morrissey 


Woodin 



24 

Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage inforoiing that the Senate have concurred in the passage of the same. 

A message was received from His Excellency the Governor, and read 
io the words following : 

State of New York — Exbcuttvb Chambeb, J 
Albant, January 26, 1876. J 

7o the Senate : 

1 have the honor to transmit herewith the Report of the Receipts and 
Expenditures of the Cooper Union for the Advancement of Science and 
Art for the year A. D. 1876. 

SAMUEL J. TILDEN. 
Ordered, That said report be laid upon the table and printed. 

{See Doc. No. 26.) 
The Assembly sent for concurrence the bill entitled as follows : 
**An act to alter the boundaries of the towns of Hopkinton and Col- 
too, in the county of St. Lawrence^" which was read the first time, and 
by ananimoas consent was also read the second time, and referred to 
the committee on internal affairs. 

The Assembly returned the following entitled bill, with a message that 
they have concurred in the passage of the same : 

^'An act in relation to posting notices and papers in the county of 
Erie." ^ ^ -^ 

Ordered, That the Clerk deliver said bill to the Governor. 

Mr. liobertson moved that the bill entitled ^^An act to amend chap- 
ter 271 of the Laws of 1834, entitled *An act for establishing a justice's 
court in the city of Troy, and the several acts amendatory thereto ; ' 
also, to amend chapter 340 of the Laws of 1849, entitled 'An act to regu- 
late the police of the city of Troy, and the several acts amendatory 
thereof;' also, to amend other acts relating to the city of Troy,'' be 
recommitted to the committee on the judiciary, retaining its place on 
general orders. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

Mr. Emerson offered the following : 

Reeolved (if the Assembly concur), That section 1 1 of article 8 of the 
Constitution be amended so as to read as follows : 

"SEcnoN 11. No county, city, town or village shall hereafter give 
any money or property, or loan its money or credit, to or in aid of any 
individual, association or corporation, or become directly or indirectly 
the owner of stock in, or bonds of, any association or corporation, nor 
shall any such county, city, town or village be allowed to incur any 
indebtedness, except for county, city or village purposes. This section 
shall not prevent such county, city, town or village from making such 
provision for the aid or support of its poor as may be authorized by law. 

[SXHiLTS JOUBKAL.] 14 

Digitized by VjOOQ IC 



106 [TuBSDAT, Jan. 25.] 

No county or city shall be allowed to become indebted for any parpose, 
or in any manner, to an amount which, including existing indebtedness, 
shall exceed five per cent of the assessed valuation of the real estate of 
such county or city, subject to taxation as it appeared by the assessment 
rolls of said county or city on the last assessment for State and county 
taxes prior to the incurring of such indebtedness, and all indebtedness 
in excess of such limitation, except such as may now exist, shall be abso- 
lutely void, except as herein otherwise provided. No county or city, 
whose present indebtedness exceeds five per cent of the assessed valua- 
tion of its real estate subject to taxation, shall be allowed to become 
indebted in any further amount until such indebtedness shall be reduced 
within such limit, except such indebtedness as may be provided for by 
the tax levy for the then current year ; except that the Legislature, if it 
is deemed necessary for the interest of such city or county, may authorize 
it to contract further indebtedness to an amount not exceeding, for any 
one year, one dollar per capita of each of its population, as ascertained 
by the last State census, and for a period not exceeding five years in any 
case. No county or city, whose present indebtedness exceeds such five 
per cent as aforesaid, shall be allowed to extend or renew any of such 
indebtedness until it is reduced within such limit. No law shall here- 
after be passed authorizing any indebtedness of, or the issuing of, any 
bonds or evidence of debt by any county or city unless such law shall 
provide that such indebtedness, bonds or evidence of debt shall be made 
payable in equal amounts in each year during a period not in any case to 
exceed twenty years from the contracting of such indebtedness, and such 
law shall provide that such city or county shall in each year levy, and 
raise by taxation a sum sufficient to pay the interest on such debt, and 
the amount thereof coming due in each year, which said provisions, as to 
time of payment and the taxation therefor, shall be irrepealable. The 
money raised for the payment of such interest and principal shall be 
applied for that purpose and none other, until the whole of such indebted- 
ness is paid." 

Resolved (if the Assembly concur). That the foregoing amendment be 
referred to the Legislature to be chosen at the next general election of 
Senators, and that, in conformity to section 1 of article 13 of the Consti- 
tution, it be published for three months previous to the time of such 
election. 

Ordered, That said resolutions be laid upon the table. 

Mr. McCarthy offered the following : 

Heeolvedj That Robert M. Richardson, Jr., heretofore appointed mes- 
senger to the committees on State prisons and charitable and religious 
societies be transferred to the committee on privileges and elections, and 
Peter Haslam be an<l is hereby appointed as messenger to the committees 
on State prisons and charitable and religious societies for the sessions of 
1876 and 1877. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Mr. Harris offered the following : 

Hesolvedy That a clerk and messenger be assigned to the committee 
on re-apportionment. 

Mr. Bradley moved that said resolution be laid upon the table. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 



Digitized by 



Google 



[Wbdjnxsdat, Jan. 26.] 107 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bill entitled 
as follows : 

"An act regulating tlie appointment of trustees of the State Homoeo- 
pathic Asylum for the Insane, at Middletown." 

After some time spent therein, the President resumed the chair, and 
Mr. Harris, from said committee, reported in favor of the passage of said 
named bill, which report was agreed to, and the same ordered engrossed 
for a third reading. 

Od motion of Mr. Booth, the Senate adjourned. 



WEDNESDAY, JANUARY 26, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Lament presented a petition for a law authorizing the town of 
Sidney, Delaware county to elect an additional justice of the peace ; 
vhich was read and referred to the committee on the judiciary. 

Mr. Selkreg presented a petition of ninety-two citizens of McLean, 
Tompkins county, in favor of the repeal of the law exempting church 
property from taxation ; which was read and referred to the committee 
00 finance. 

Mr. Woodin presented a petition for the repeal of the "Grey Nun act ;" 
which was read and referred to the committee of the whole. 

The President announced that the President of the State Military 
Association had extended an invitation to the Senate to attend the 
annual meeting of the association this evening. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to release the interest of the people of 
the State of New York in certain real estate to Jasper Robertson,'^ 
reported in favor of the passage of the same, and said bill was commit- 
ted to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the resolution entitled ** Concurrent resolution proposing an 
amendment to section 3 of article 6 of the constitution," reported in 
fa?or of the passage of the same, and said resolution was committed to 
the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled *'An act to legalize and confirm the 
official acts of the supervisor, town clerk and justices of ibe peace of the 
town of Madrid, in the county of St. Lawrence, during the year 1872, 
in issuing the bonds of said town to the amount of seven hundred and 
fifty dollars for the purpose of completing the town hall in said town 
and to legalize the vote of the electors of said town, at their anual town 
meeting in 1872, authorizing the issuing of said bonds, reported in favor 
of thepassasce of the same, and said bill was committed to the committee 
of the whole. 

Mr. Booth, from the committee on literature, to which was referred 
the bill entitled ^^An act to amend chapter 655 of the Laws of 1864, enti- 



Digitized by 



Google. 



108 [Wbbnbsdat, 

tied 'An act to revise and consolidate the general acts relating to public 
instruction,' " reported in favor of the passage of the same, with amend- 
ments, and said bill was committed to the committee of the whole. 

Mr. Wagner, from the committee on public printing, to which was 
referred the bill entitled "An act to amend section 4 of chapter 264 of 
the Laws of 1847, entitled *An act concerning the laws, journals and 
documents of the Legislature,' " reported in favor of the passage of the 
same, and said bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled "An act to authoiize the city of Newburgh to 
to raise certain moneys by tax for the care and improvement of Wash- 
ington's Headquarters," reported in favor of the passage of the same, and 
said bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled "An act to amend chapter 620 of the Laws of 
1870, entitled 'An act to establish and maintain a police force in the city of 
Troy,' and to increase the powers and duties of the police commissioners 
of said city," reported in favor of the passage of the same, with amend- 
ments, and said bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the Assembly bill entitled "An act to authorize the mayor of 
the city, and the supervisor of the town, of Binghamton, to sell and con- 
vey the real estate of said city and town situate in said city for bridjs^e 
and highway purposes," reported in favor of the passage of the same, 
and said bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the af&irs of cities, to which was 
referred the bill entitled '* An act to authorize the city of Watertown to 
borrow money and issue bonds of the city therefor for the purpose of 
liquidating its present indebtedness," reported in faVor of the passage of 
the same, and said bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the afEairs of cities, to which was 
referred the Assembly bill entitled "An act to provide for the employ- 
ment of convicts and paupers under the control of the commissioners of 
public charities and correction of the city and county of New York, and 
the commissioners of charities of the county of Kings," repoi*ted in favor 
of the passage of the same (Mr. Mornssey dissenting), and said bill was 
committed to the committee of the whole. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bill entitled as follows: 

"An act regulating the appointment of trustees of the State Homodo> 
pathio Asylum for the Lisane, at Middletown." 

By unanimous consent, Mr. Hammond asked and o'btained leave to 
introduce a bill entitled "An act to amend an act entitled *An act to 
authorize the formation of railroad corporations and to regulate the 
same,' " which .was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on railroads. 

By unanimous consent, Mr. Rogers asked and obtained leave to intro- 
duce a bill entitled "An act to further amend an act entitled ^An aot to 
revise and consolidate th^ statutes of the State relating to the care and 
custody of the insane, the management of the asylum for their treatment 
and s^e-keeping, and the duties of the State Commissioners in Lunacy,* 
passed May 12, 1874," which was read the first time, and by unanimons 
consent was also read the second time, and referred to the committee on 
the^judiciary. 



Digitized by 



Google 



Jau. 26.] 109 

By ananimous consent, Mr. Bradley asked and obtained leave to intro- 
duce a bill entitled *'An act to authorize the village of Corning, Steuben 
coaDty, to borrow money to pay its outstanding bonds issued pursuant 
10 chapter 399 of Laws of 1871, which was read the first time, and by 
Quanimoos consent was also road the second lime, and referred to the 
commiUee on the affairs of villages. 

By unanimous consent, Mr. Prince asked and obtained leave to intro- 
duce a bill entitled "An act incorporating the Grand Section of Cadets 
of Temperance of the State of New York," which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the committee on the judiciary. 

By unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled "An act to enable the court of general sessions of 
the peace of the city and county of New York to hold two parts, and to 
provide means therefor," which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the com- 
mittee on the affairs of cities. 

By unanimous consent, Mr. Doolittle asked and obtained leave to intro- 
duce a bill entitled "An act to amend chapter 183 of the Laws of 1855, 
entitled *An act to incorporate the Niagara Falls Suspension Bridge 
Company,' passed March 31, 1855," which was. read the first time, and 
by unanimous consent was also read the second time, and referred to 
the committee on railroads. 

By unanimous consent, Mr. Gerard asked and obtained leave to intro- 
duce a bill entitled "An act to amend an act entitled ^An act to author- 
ize the formation of railroad corporations and to regulate the same,' 
passed April 2, 1850," which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee 
on the judiciary. 

By unanimous consent, Mr. Lament asked and obtained leave to 
introduce a bill enticed "An act to provide for an additional justice of 
tbe peace in the town of Sidney, iutfthe county of Delaware," which was 
read the first time, and by unanimous consent was also .read the second 
time, and referred to the committee on the judiciary. 

The bill entitled "An act regulating the appointment of trustees of 
the State HomiBopathic Asylum for the Insane, at Middletown," was 
read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, as fol- 
lows: 

FOR THB AFFIRMATIVB. 

Baaden Doolittle Lament St. John 

Bixby Emerson McCarthy Sayrq 

Bootn Gerard Morrissey Schooniiaker 

Bradley Hammond Prince, Selkreg 

Cole Harris Robertson Vedder 

Coleman Kennaday Bogers Wagner 24 

FOB THB NBGATIYB. 

Starbnck 1 

Ordertdj That the Clerk deliver said bill to the Assembly, and request 
their oonemrenoe therein. 



Digitized by 



Google 



110 [Wkdnesdat, 

Mr. Eennaday moved that the bill entitled *'An act for the better 
protection of human life on railways, steam vessels and shipping, and 
in the cities of this State," be printed, pending its consideration by the 
committee on the judiciary. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

Mr. Woodin presented the report of the State Assessors for the year 
1875, which was laid upon the table and ordered printed. 

(See Doc. No, 28.) 

Mr. Woodin offered the following : 

Resolved (if the Assembly concur), That 6,000 extra copies of the 
report of the State Assessors be printed for distribution among the 
supervisors and asssssors of the various towns and cities of the State. 
Said copies shall be distributed by the Secretary of State, so that each 
supervisor and assessor afpresaid shall receive one copy of said report. 

Resolved (if the Assembly concur), That 2,000 extra copies be printed 
for the use of the Legislature, and 1,000 extra copies for the use of the 
State Assessors. 

Ordered^ That said resolutions be referred to the committee on public 
printing. 

Mr. Wagner, from the committee on public printing, to which was 
referred the Assembly resolution to print 1,000 extra copies of the Adju- 
tant-General's Report, reported in favor of the adoption of the following 
resolution : 

Resoloed (if the Senate concur), That 1,000 extra copies of the Adja- 
tant-GeneraPs Report be printed and bound for the use of said depart- 
ment, provided the same be done at a cost not to exceed the contract 
rates of last year. 

The President put the question whether the Senate would 'agree to said 
resolution, and it was decided in the affirmative, as follows: 





FOR THE 


AFPIBMATIVE. 




Baaden 


Doolittle 


^orrissey 


Selkreg 


Booth 


Gerard 


Prince 


Starbuck 


Btadley 


Harris 


Robertson 


Wagner 


Cole 


Kennaday 


Sayre 


Woodin 


Coleman 


McCarthy 







18 

Ordered^ That the Clerk return said resolution to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same. 

Mr. Wagner, from the committee on public printing, to which was 
referred the Assembly resolution to print 260 copies of the Governor*s 
Pardon Report, reported in favor of the following resolution : 

Resolved (if the Senate concur), That 250 copies of the Governor's 
Pardon Rept>ii be i)nntO(l for the use of the executive chamber. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Ordered^ That the Clerk return said resolution to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same. 

Mr. Wagner, from the committee on public printing, to which was 
referred the Assembly resolution to print 6,000 extra copies of the Gov- 
ernor's message in English and 2,000 copies in German, reported in favor 
of the adoption of the following resolution : 



Digitized by 



Google 



JiK. 26.] 



Ill 



Resolved (if the Senate concur), That there be printed of the Annual 
Message of the Governor, 6,000 extra copies in English and 2,000 copies 
in German, for the use of the Legislature, provided the same be done at 
a rate not exceeding the contract price of last year. 

The President pat the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative, as follows : 

FOB THB APFISMATIVB. 

Baaden Gerard Prince Schoonmaker 

Booth Harris Robertson Selkreg 

Bradley . Kennaday Rogers Starbuck 

Coleman Lament St. John Wagner 

Doolittle McCarthy Sayre Woodin 

£mersoa Morrissey 22 

Ordered^ That the Clerk return said resolution to the Assembly with 
a message informing that the Senate have concurred in the passage of 
the same. 

Mr. Wagner, from the committee on public printing, to which was 
referred the Assembly resolution to print 6,000 copies of the Comp- 
troUer's report, 2,000 in English and 1,000 in German, for the use of the 
Legislature, and 1,500 copies for the use of the Comptroller, reported in 
fa?or of the following resolution : 

Resolved (if the Senate concur), That bfi^O copies ^of the Comp- 
troller's Report be printed, 2,600 in English and 1,000 in German, for the 
Legislature, and 1,600 copies for the use of the Comptroller, provided 
the same be done at a cost not exceeding the rates of the last contract. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative, as follows : 



Schoonmaker 

Selkreg 

Starbuck 

Wagner 

Woodin 



23 



FOB THE AFFIBMATIYB. 

Baaden Emerson Morrissey 

Booth Gerard Prince 

Bradley Harris Robertson 

Cole Kennaday Rogers 

Coleman Lament St. John 

Doohttle McCarthy Sayre 

Orderedy That the Clerk return said resolution to the Assembly, with 
a mesage informing that the Senate have concurred in the passage of 
the same. 

Mr. Doolittle, from the committee on public printing, to which was 
referred the Assembly resolution to print 2,000 extra copies of the Fifty- 
8e?enth Annual Report of the New York Institution for the Instruction 
of Deaf and Dumb, reported in favor of the followin*^ resolution : 

Resolved (if the Senate concur). That 1,000 extra copies of the Fifty- 
seventh Annual Report of the New York Institution for the Instruction 
of the Deaf and Dumb be printed for the use of the institjition, provided 
the same be done at a rate not exceeding the contract price of last year. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative, as follows : 



Baaden 

Booth 

Cole 

Coleman 

Doolitde 



FOB THB AFFIBMATIYB. 



Emerson 

Gerard 

Harris 

Kennaday 

Lament 



McCarthy 
Morrissey 
Prince 
Robertson 
St John 



Sayre 

Schoonmaker 

Selkreg 

Starbuck 

Woodin 



Digitized by 



Google 



112 



[Wednesday, 



Orderedy That the Clerk return said resolution to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same, with an amendment 

Mr. Doolittle, from t'ne committee on public printing, to which was 
referred the Assembly resolution to print 1,000 copies of the Twenty- 
second Annual Report of the Superintendent of Public Instruction, 
reported in favor of the following resolution : 

Resolved (if the Senate concur), That 500 copies of the Twenty- 
second Annual Report of the Superintendent of JPublic Instruction be 
printed and bound in cloth for distribution by that officer; one copy 
also for each school district and school commissioner in the State, and 
600 copies bound in cloth for the use of the Legislature, provided the 
same be done at a cost not to exceed the contract rates of last year. 

The PrcHident put the question whether the Senate would' agree to 
said resolution, and it was decided in the affirmative, as follows : 

FOB THE AFFIBMATIVE. 

Baaden Oerard Morrissey Schoonmaker 

Both Harris Prince Selkreg 

Bradley Kennaday Robertson Starbuck 

Cole Lament Rogers Vedder 

Coleman Loomis St. John Wagner 

Doolittle McCarthy Sayre Woodin 
Emerson 25 

Bixby 

Ordered^ That the Clerk return said resolution to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same, with an amendment. 

Mr. Doolittle, from the committee on public printing, to which was 
referred the Assembly resolution to print 1,500 copies of the Annual 
Report of the New York Institution for the Improved Instruction of 
Deaf-mutes, reported in favor of the following resolution : 

Resolved (if the Senate concur). That 1,000 copies of the Ninth Annual 
Report of the New York Institution for the Improved Instruction of 
Deaf-mutes be printed for the use of the Institution, provided the same 
be done at the contract rate of last year. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative, as follows: 



FOR THE ITEOATIVB. 



Baaden Gerard Morrissey Schoonmaker 

Booth Harris Prince Selkreg 

Bradley Kennaday Robertson Starbuck 

Coleman - Lament St. John Vedder 

Doolittle McCarthy Sayre Woodin 

Emerson 21 

FOB THE NEGATIVE. 

Bixby 1 

Ordered^ That the Clerk return said resolution to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same, with an amendment. 



Digitized by 



Google 



Jan. 26.] 118 

Mr. Doolittle moved to reconsider the vote by which the report of the 
committee on public printing, relative to printing the Twenty-«econd 
Annual Report of the Superintendent of Public Instruction, wasjagreed to. 

The President put the qnestion whether the Senate would agree*to said 
motion, and it was decided in the afiSrmative. 

Mr. Doolittle moved to amend the report by striking out •* 500 copies," 
and inserting " 1,600 copies." 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The President then put the question whether the Senate would agree 
to said report, as amended, and it was decided in the affirmative, as fol- 
lows: 



FOB THB ijnni»CATiyB. 



Baaden 

Booth 

Bradley 

Cole 

Coleman 

Doolittle 



Bixby 



Emerson 


Prince 


Schoonmaker 


Gerard 


Robertson 


Selkreg 


Harris 


Rogers 


Vedder 


Eennaday 


St. John 


Wagner 


McCarthy 


Sayre 


Woodin 


Morrissey 




22 



FOB THB NBGATIYB. 



Ordered^ That the Clerk return said resolution to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same, with an amendment. 

Mr. Harria moved to take from.the table the resolution in the words 
following : 

Reiclved^ That a clerk and messenger be assigned to the committee 
on re-apportionment 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Doolittle moved to reconsider the vote by which said resolution 
was taken from the table. 

The President put the question whether the Senate Ivould agree to 
said motion, and it was decided in thef negative. 

The President then put the question whether the Senate would agree 
to said resolution, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded ^^ jsideration of general orders, being the bill enti- 

tled as f 

''An act to repeal chapter 853 of the Laws of 1875, entitled 'An act 
to amend chapter 824 of the Laws of 1871, entitled An act to incorpo- 
rate the Sisterhood of Qrey Nuns in the State of New York.' " 

After some time spent therein, the President resumed the chair, and 
Mr. Schoonmaker, from said committee, reported in favor of the passage 
of said bill, which report was agreed to. 

Mr. Woodin moved to substitute for said bill Assembly bill No. 14, 
same title. 

Hie President put the question whether the Senate would agree 
to said motion, and it was decided in the affirmative, and said bill 
ordered to a third reading. 

[Sbhjltb Joubnjll.] 15 



Digitized by 



Google 



114 [TnuBSDAlf, 

Kr. Harris offered the following : 

Whereas^ Under the Congtitution, the duty of re-apportioning the Sen- 
ate dUtricts of this State devolves upon the present Legislatore, and a 
select committee for that purpose has been appointed 1)7 the Senate ; 
and whereas, in the judgment of the Senate, it is important to the dis- 
charge of the duties of said committee that it should be served by a clerk 
and messenger ; therefore, 

Resolved^ That Edwin A. Woodin be appointed clerk of said com- 
mittee, at the same compensation received by the clerk of the finance 
committee, and Oharles Vanderkar be appointed messenger of said com- 
mittee at the same compensation received by the messenger of the finance 
committee ; and that said appointments continue untu the final action 
upon the subject-matter before said committee shall have been had. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative, as follows : 

FOB THB AFFIBMATrVB. 

Baaden Gerard Morrissey Selkreg 

Bixbv Hammond Prince Starbuck 

Booth Harris • Robertson Tobey 

Cole Kennaday Rogers Yedder 

Coleman Lament St. John Wagner 

Doolittle McCarthy Sayre Woodin 
Emerson 25 

On motion of Mr. Woodin, the Senate then went into executive aes- 
sion ; and, after some time spent therein, the doors were opened, and 
On motion of Mx. Rogers, the Senate adjourned. 



THURSDAY, JANUARY 27, 1876. 

The Senate met pursuant ta adjournment 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Bradley presented a petition of citizens of the town of Thurston, 
Steuben county, for the repeal of the law ezemptinff clergymen, church 
property and private schools from taxation; which was read, and 
referred to the committee on finance. 

Mr. Doolittle presented a petition of the town of New Haven, Oswego 
county, upon the same subject ; which was read and referred to the com- 
mittee on finance. 

Mr. Kennaday presented a petition of John Hay and others, claiming 
as heirs of John 6. Leake : which was read and referred to the committee 
on the luaiciary. 

Mr« Prince presented a petition of citizens of Richmond county rela- 
tive to military exemption from taxation ; which was read and referred 
to the committee on militia. 

Mr. McCarthy presented a petition of citizens of the town of Geddes, 
asking for the repeal of the law creating a board of town auditors; which 
was read and referred to the committee on internal affairs. 



Digitized by 



Google 



J1H.27.J 115 

Hr. Woodin, from the committee on the af&irs of cities, to which was 
referred the bill entitled '*An act to amend chapter 36 of the Laws of 
1878, entitled *An act to provide for a supply of water in the city of 
Yonkers,' passed February 28, 1873," reported in favor of thtf passage of 
the same, with amendments, and said bill was committed to the com- 
mittee of the whole. 

Mr, Harris, from the committee on finance, to which was referred the 
bill entitled ^*An act to amend chapter 351 of the Laws of 1S74, entitled 
*Aq act to equalize the jState tax among the several counties of the State,' 
and to amend chapter 327 of the Laws of 1873 amendatory thereof," 
reported in favor of the passage of the same, with amendments^ the title 
amended so as to read *'An act in relation to the equalization of assess- 
ments under chapter 312 of the Laws of 1859, and the amendments 
thereof," and said bill was committed to the committee of the whole. 

Mr. Carpenter, from the committee on the affairs of villages, to which 
was referred the bill entitled '*An act to amend an act entitled *An act 
to authorize the villages of the State of New York to furnish pure and 
wholesome water to the inhabitants thereof,' passed April 29, 1875," 
reported in favor of the passage of the same, with the title amended so 
as to read ^'An act to amend chapter 181 of the Laws of 1875, entitled 
*An act to authorize the villages of the State of New York to furnish 
pure and wholesome water to the inhabitants thereof,' " and said bill was 
oommitted to the committee of the whole. 

Mr. Carpenter, from the committee on the affairs of villages, to which 
was referred the bill entitled ^* An act to authorize the village of Coming, 
Steuben county, to borrow money to pay its outstanding bonds issued 
porsaaot to chapter 399 of Laws of 1871," reported in favor of the pas- 
sage of the same, and said bill was committed to the committee of the 
whole. 

Mr. Doolittle, from the committee on public printing, to which was 
referred the resolution to print extra copies of the report of State Asses- 
Borg, reported in favor of the following resolutions : 

liesdved (if the Assembly concur), That 5,000 extra copies of the 
report of the State Assessors be printed for distribution amone the 
Bupervisors and assessors of the various towns and cities of the State. 
Said copies shall be distributed by the Secretary of State so that each 
rapervisor and assessor aforesaid shall receive one copy of said report. 

Besi^ved (if the Assembly concur), That 2,000 extra copies be printed 
for the use of the Legislature and 1,000 extra copies for tne use of the 
State Assessors, and not to exceed the usual contract price. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative, as follows : 

VOB THE AFPIBMATIYB. 

Bixhy Gerard Morrissey Selkreg 

Booth. Hammond Prince Starbuck 

Bradley Harris Robertson Vedder 

Carpenter Kennaday Sayre Wagner 

Coleman Lament Schoonmaker Woodin 

Doolittle ^ McGairthy 22 

OrderedyThst the Clerk deliver said resolution to the Assembly, and 
request their concurrence therein. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled ^*An act to further amend an act entitled ^An 



Digitized by 



Google 



116 [Thubsdat, 

act to revise and consolidate the statutes of the State relating to the care 
and duslody of the insane, the management of the asylums for their 
treatment ai^d safe-keeping, and the duties of the State Commissioner in 
Lunacy,' passed May 12, 1874," rei)orted in favor of the passage of the 
same, with amendments, and the title amended so as to read *'An act 
further to amend chapter 446 of the Laws of 1874, entitled ^An act to 
revise and consolidate the statutes of the State relating to the care and 
custody of the insane, of the asylums for their treatment and safe-keepins 
and the duties of the State Commissioner in Lunacy,' " and said bill 
was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
recommitted the bill entitled "An act to amend chapter 271 of the Laws 
of 1834, entitled 'An act for establishing a justices' court in the city of 
Troy, and the several acts amendatory thereto ; ' also to amend chapter 
340 of the Laws of 1849, entitled *An act to regulate the police of the 
city of Troy, and the several acts amendatory thereof;' also to amend 
other acts relating to' the city of Troy," reported in favor of the passage 
of the same, with amendments, and the title amended so as to read ''An 
act in relation to the police court and justices' court of the city of Troy," 
and said bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
recommitted the bill entitled *'An act further to amend chapter 270 of 
the Laws of 1850, entitled 'An act to authorize the appointment of com- 
missioners to take the proof and acknowledgment of deeds and other 
instruments and to administer oaths in other States '^ ' ' .Itories,"' 
reported in favor of the passage of the same and salu .j.i^ tvas committed 
to the committee of the whole. 

By unanimous consent, Mr. Carpenter asked and obtained leave to 
introduce a bill entitled "An act to confirm a deed from ' The Central 
Baptist Church, Poughkeepsie,' to the Baptist Church of Christ, of 
Poughkeepsie," which was read the first time, and by unanimous oon- 
BiBnt was also read the second time, and referred to the committee on 
the judiciary. 

By unanimous consent, Mr. Carpenter asked and obtained leave to 
introduce a bill entitled "An act relating to the assignment of certain 
mortgages," which was read the first time, and by unanimous consent 
was also read the second time, and referred to tne committee on the 
judiciary. 

By unanimous consent, Mr. Kennaday asked and obtdned leave to 
introduce a bill entitled "An act to provide for the filing of security for 
the payment of damages and costs by the plaintiff in actions or proceed- 
ings against physicians, surgeons, and dentists for damages or punish- 
ment for malpractice,"which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee 
on the judiciary. 

By unanimous consent, Mr. Kennaday asked and obtained leave to 
introduce a bill entitled "An act to amend chapter 370 of the Laws of 
1848, entitled 'An act to amend an act to simplify and abridge the prao- 
tioe, pleadings, and proceedings of the courts of this ^tate,' ana acts 
amenaatory thereof," which was read the first time, and by unanimious 
consent was also read the second time, and referred to the committee on 
the judiciary. 

By unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled "An act supplementary to chapter 6(l,of theXavs of 

Digitized by VjOOQIC 



3 AS. 21] 117 

1813, entilled 'An act to provide for the incorporation of religious socie- 
ties, and the acts supplementary thereto,' " which was read the first time, 
aod by unanimous consent was also read the second time, and referred to 
the committee on charitable and religious societies. 

By unanimous consent, Mr. Bradley asked and obtained leave to intro- 
duce a bill entitled ^'An act to amend section 5 of chapter 525 of the 
Laws of 187i, entitled *An act to provide for the incorporation of the 
New York State Grange of the Patrons of Husbandry and councils and 
granges subordinate thereto,' " which was read the first time, and by 
I Qan"n\)us consent was also read the second time, and referred to the 
Gomaiibtee on agriculture. 

By. unanimous consent, Mr. Gerard asked and obtained leave to intro- 
duce a bill entitled '* An act relative to the residence and domicile of pub- 
lic oflScers and employees in the city and county of New York.'' wnich 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the committee on the afiairs of cities. 

By unanimous consent, Mr. Prince asked and obtaine<l leave to intro- 
duce a bill entitled ''An act to provide for the construction, maintenance 
and operation of local railroads in cities, towns and villages,'' which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the coinmittee on railroads. 

Mr. Prince moved that said bill be printed, pending its consideration 
by the committee on the judiciary. 

The President put the question whether the Senate would agree to said 
motioD, and it was decided in the affirmative. 

The Assembly sent for concurrence the bills entitled as follows : 

''An act to amend chapter 80 of the Laws of 1870, entitled 'An act to 
provide for the enrollment of the militia, for the organization of the 
national guard of the State of New York, and for the public defense, 
and entitled the Military Code,' " which was read the nrst time, and 
by unanimous consent was also read the second time, and referred to 
the committee on militia. 

''An act to amend section 44, article 4, title 6, chapter 5, part 1, of the 
Revised Statutes," which was read the first time, and by unanimous con- 
sent was also read the second time, and referred to the committee on the 
judiciary. 

"An act to prevent injury to animals in the city of New York," which 
was read the first time, and by unanimous consent was also read the 
second time. 

Mr. Gerard moved that said bill be substituted for Senate bill No. 14, 
same title, now on calendar of general orders. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof, 

"An act to authorize police justices and justices of the peace to take 
recomzanoe during trial or examination," which was reaa the first time, 
and by unanimous consent was also read the second time, and referred to 
theoommittee on the judiciary. 

"An act to. amend an act entitled 'An act for the improvement of 
Myrtle avenue, in the city of Brooklyn,' passed June 21, 1876," which 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the committee on the affairs of cities. 

"Au act to amend the sixteenth section of title sixth of chapter two 
of the fourth part of t^e Revised Statutes, concerning allowance of writs 

Digitized by VjOOQ IC 



118 



[Thubsday, 



of error in criminal cases," which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the com- 
mittee on the judiciary. 

The .'Vssc^rably returned the concurrent resolution providing for the 
printing of extra copies of the Annual Report of the New York Institu- 
tion for the Instruction of the Deaf and JDurab. Also, the concurrent 
resolution for printing the Annual Report of the Superintendent of Public 
Instruction. Also, the concurrent resolution for printing the Annual 
Report of the New York Institution for the Improved Instruction of 
Deaf-mutes ; with messages that they had concurred in the amendments 
of the Senate thereto, respectively. 

Ordered^ That the Cleric return said resolutions to the Assembly. 

The Assembly bill entitled "An act to repeal chapter 353 of the Laws 
of 1875, entitled 'An act to amend chapter 324 of the Laws of 1871, 
entitled An act to incorporate the Sisterhood of Gray Nuns in the State 
of New York,* " was read a third time. 

The President put the (juestion whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
as follows : 





FOB THE 


AFPIRMATIVB. 




Baaden 


Emerson 


McCarthy 


Schoonmaker 


Bixby 


Gerard 


Morrissey 


Selkreg 


Booth 


Hamnfond 


Prince 


Starbuck 


Bradley 


Harris 


Robertson 


Tobey 


Carpenter 


Jacobs 


Rogers 
St. John 


Vedder 


Cole 


Eennaday 


Wagner 


Coleman 


LamoQt 


Sayre 


Woodin 


Doolittle 









29 

Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the same 

Mr. Doolittle moved to discharge the committee on railroads from the- 
further consideration of the bill entitled "An act to amend chapter 133 
of the Laws of 1866, entitled *An act to incorporate the Niagara Falls 
Suspension Bridge Company,' passed March 31, 1866,'^ and that the same 
be referred to the committee on commerce and navigation. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Hammond offered the following : 

Resolved (if the Assembly concu^, That 2,600 extra copies of the 
Seventh Annual Report of Willard Asylum for the Insane be printed for 
the use of the Managers of the Asylum, and 600 copies for the use of the 
Legislature. 

Ordered^ That said resolution be referred to the committee on public 
printing. 

Mr. Booth offered the following : 

Resolved^ That Eugene D. Wood be and he hereby is appointed clerk 
to the committees on literature and public health for the sessions of 1876 
and 1877. 

The President put the qu<!Btion whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 



Digitized by 



Google 



Jah. 21] 116 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled fts follows : 

Assemblj, "An act to prevent injury to animals in the city of New 
York." 

^*Ad act to release the interest of the people of the State of New York 
in certain real estate to Jasper Robertson." 

**Aq act to authorize the city of Newbursh to raise certain moneys by 
tax for the care and improvement of Washington's Headquarters." 

After some time spent therein, the President resumed the chair, and 
Mr. Starbuck, from said committee, reported in favor of the passage of 
the first named bill, which report was agreed to, and said bill ordered 
to a third reading. 

Mr. Starbuck, from the same committee, reported in favor of the pfis- 
aage of the two last named bills, which report was agreed to, and the 
same ordered engrossed for a third reading. 

The Senate again resolved itself into a committee of the whole, tad 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

''An act further to amend chapter 270 of the Laws of 1860, entitled 
'An act to authorize the appointment of conmussioners to take the proof 
and acknowledgment of deeds and other instruments, and to administer 
oaths in other states and territories.' " 

Assembly, '^An act to authorize the mavor of .the city, and the super- 
visor of the town, of Binghamton, to sell and convey the real estate of 
aaid city and town situate m said city for bridge or highway purposes.'* 

After some time spent therein, the President resumed the chair, and 
Mr. Rogers, from said committee, reported in favor of the passage of the 
first named bill> which report was agreed tO, and the same ordered 
e&ffrossed for a third reading. 

Mr. Rogers, from the same committee, reported in favor of the passage 
of the last named bill, which report was agreed to, and the same ordered 
to a third reading. 

On motion of Mr. Selkreg, and by unanimous consent, the rules were 
suspended, and the last named bill was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, and ' 
three-fiflhs being present, as follows : 

FOB THB AFFIBMATIVB. 

Lament Sayre 

McCarthy Schoonmaker 

Prince Selkreg 

Robertson Starbuck 

St. John Woodin 

22 

Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the 
the same. 

Mr. Emerson moved to reconsider the vote by which the resolution 
appointing Eagene D. Wood as clerk to the conunittee on literature and 
public health was adopted. 



Baaden 


Emerson 


BUby 
Booth 


Gel-ard 


Hammond 


Bradley 


Harris 


Coleman 


Jacobs 


Doolittle 


Kennaday 



Digitized by 



Google 



120 



[THtTRSDAT, Jan. ^^,\ 



The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Emerson moved to amend the resolution so as to read as follows : 

Jiesolvedt That L. E. Dake be appointed as clerk of the committees on 
literature and public health. 

Mr. Starbuck moved to lay the amendment upon the table. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the negative. 

The President then put the question whether the Senate would a^reeto 
the motion of Mr. Emerson, and it was decided in the negative, as 
follows : / 

FOR THB AFFIRMATIYB. 



Bradley 
Emerson 


Hamilhond 
St John 


Savre 
Schoonmaker 


Vedder 




FOB 


THB NBGATTVB. 




Baaden 

Bixbv 

Booth 

Carpenter 

Cole 

Coleman 


Doolittle 

Gerard 

Harris 

Jacobs 

Kennaday 

Lamont 


McCarthy 

Morrissey 

Prince 

Robertson 

Rogers 


Selkreg 

Starbuck 

Tobey 

Wagner 

Weodin 



22 

Mr. .Bradley moved to lay the original resolution on the table. 
The President put the question whether the Senate would agree to said 
motion, and it was decided in the negative, as follows : 



Bradley 
Emerson 



Baaden 

Bixbv 

Booth 

Carpenter 

Cole 

Coleman 



FOB THB AFFIBKATIYB. 

Hammond St. John 

Lamont Schoonmaker 



FOB THB NBGATTVB. 



Doolittle 

Gerard 

Harris 

Jacobs 

Kennaday 

McCarthy 



Morrissey 

Prince 

Robertson 

Rogers 

Sayre 



Starbuck 



Selkres: 

Tobey 

Vedder 

Wagner 

Woodin 



22 



The President then put the €[uestion whether the Senate would agree 
to the original resolution, and it was decided in the affirmative, as fol- 
lows: 



Baaden 

Bixbv 

Booth 

Carpenter 

Cole 

Coleman 



Bradley 
Emerson 



FOB THB AFFIBMATTVB. 

Doolittle McCarthy 

Gerard Morrissey 

Hammond Prince 

Harris Robertson 

Jacobs Rogers 

Kennaday Sayre 

FOB THB NBGATIYB. 

Lament Schoonmaker 

St John 



Selkreg' 

Tobey 

Vedder 

Wagner 

Woodin 



Starbuck 



23 



On motion of Mr. Rogers, the Senate adjourned. 



Digitized by 



Google 



[PwDAT, Jan. 28.] 121 



FRroAT, JANUARY 28, 1876. 

The Senate met parsaant to adjoarnmeDt. 

Prayer by the Ghaplain. 

The journal of yesterday waB read and approved. 

Mr. Morrissej presented a reoionstranoe of laborera and meohanios in 
the city of New York relative to pauper and prison labor ; whioh was 
read and referred to the committee of the whole. 

Mr. Emerson presented a petition for the repeal of the law exempting 
clergymen, church property, and private schools from taxation ; which 
was read and referred to the committee on finance. 

Mr. Gerard presented the Twenty-seventh Annual Report of the Board 
of Trustees of the Astor Library ; which was laid upon the table and 
ordered printed. 

{See Doc. No. 31.) 

Mr. Jacobs presented the Annual Report of the President of the Ine- 
briates' Home for Kings county for the year 1876 ; which was laid upon 
the table and ordered printed. 

(See Doc. No. 30.) 

Mr. Doolittle, from the committee on public printing, to which was 
referred the resolution to print 2,500 extra copies of the Seventh Annual 
Report of the Willard Asylum for the Insane, reported in favor of the 
following resolution : 

Resolved (if the Assembly concur), That 1,500 extra copies of the 
Seventh Annual Report of the Willard Asylum for the Insane be printed 
for the use of the Managers of the Asylum, and 500 copies for the use of 
the Legislature, not to exceed the last contract prices. 

The President put the question whether the Senate would agree to 
Baid resolution, and it was decided in the affirmative, as follows : 

POB THB AFFISMiLTiyE. 

Baaden Gerard Morrissey Savre 

Bixby Hammond Prince Seikreg 

Booth Harris Robertson Starbuck 

Cole Jacobs Rogers Yedder 

Doolittle McCarthy St. John Woodin 
Emerson 21 

Ordered^ That the Clerk deliver said resolution to the Assembly, and 
request their 6oncurrence therein. 

Mr. Yedder, from the committee on internal ^airs, to which was 
referred the Assembly bill entitled ''An act to alter the boundaries of 
the towns of Hopkinton and Colton, in the county of St. Lawrence," 
reported in favor of the passage of the same, and said bill was commit- 
ted to the committee of the whole. 

[Sbitatb Jottbkal.1 16 

Digitized by VjOOQ IC 



122 [Pbtdit, 

Mr. Robertson^ from the oommittee on the judiciary, to which was 
referred the bill entitled ^^An act relating to fines imposed in criminal 
cases/' reported in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled ^'An act to amend siection 44, article 
4, title 6, chapter 5, part 1 of the Revised Statutes," reported in favor of 
the passage of the same, with amendments, and said bill was committed 
to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled "An act to authorize police justices 
and lustices of the peace to take recognizance during trial or examina- 
tion,^' reported in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows : 

^^An act to authorize the city of Newbnrgh to raise certain moneys 
by tax for the care and improvement of Washmgton's Headquarters." 

**An act to release the interest of t|;ie people of the State of New York 
in certain real estate to Jasper Robertson. 

**An act further to amend chapter 270 of the Laws of 1860, entitled 
'An act to authorize the appointment of commissioners to take the proof 
and acknowledgment of deeds and other instruments, and to administer 
oaths in other states and territories." 

"An act to amend chapter 36 of the Laws of 1873, entitled 'An act to 
provide for a supply of water in the city of Yonkers,' passed February 
28, 1873." , 

Mr. Selkreg, from the committee on railroads, to which was referred 
the bill entitled "An act changing the name of the Utica and Black River 
Railroad Company, and conferrmg its powers and franchises upon the 
company under the new title," reported in favor of the passage of the 
same, and said bill was committed to the committee of the whole. 

By unanimous consent, Mr. Baaden asked and obtained leave to intro- 
duce a bill entitled "An act to amend chapter 371 of the Laws of 1875, 
entitled 'An act to conform the charters of savings banks or institutions 
for savings to a uniformity of powers, rights, and liabilities, and to pro- 
vide for the organization of savings banks, for their supervision, and for 
the administration of their affairs," which was read the first time, and 
by unanimous consent was also read the second time, and referred to 
the committee on banks. 

By unanimous consent, Mr. Baaden asked and obtained leave to intro- 
duce a bill entitled "An act to provide for the appointment of conunis- 
sioners to examine and settle all claims for rent upon leases heretofore 
made for the use of buildines for armories and drill-rooms in the city 
and county of New York," which was read the first time, and by anani- 
mous consent was also read the second time, and referred to the com- 
mittee on the affairs of cities. 

By unanimous consent, Mr. Bixby asked and obtained leave to intro- 
duce a bill entitled "An act relating to claims for repairing or fitting up 
armories or drill-rooms in the city of New York," which was read the 
first time, and by unanimous consent was also read the second time, and 
referred to the committee on the affairs of cities. 

By unanimous consent, Mr. Sayre asked and obtained leave to intro- 
duce a bill entitled "An act to amend chapter 6, article 3, title 8, part 1 

Digitized by VjOOQ IC 



JiH. 21.] 1S8 

of the Revised Statutes of eleotiong in cities and towns," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the judiciary. 

By nnanimous consent, Mr. McCarthy asked and obtained leave to 
introdnce a bill entitled *'An act to amend chapter 502 of the Laws of 
1859, entitled 'An act to authorize stockholders of railroad and plank- 
road companies to make payments upon mortgages in process .of fore- 
cloBure against such companies and thereupon to become interested in 
said mortgages/ " which was read the first time^ and by unanimous con- 
sent was also read the second time, and referred to the committee on 
railroads. 

By unanimous consent, Mr. Schoonmaker asked and obtained leave to 
introduce a bill entitled "An act to amend section 4, title 6, chapter 
70 of the first part of the Revised Statutes," which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the committee on the judiciary. 

By unanimous consent, Mr. Schoonmaker asked and obtained leave to 
introduce a bill entitled an act to amend chapter 644 of the Laws of 
1873, in relation to the crime of murder," which was read the first time, 
and by unanimous consent was also read the second time, and referred 
to the committee on the judiciary. 

By unanimous consent, Mr. Carpenter asked and obtained leave to 
introduce a bill entitled ''An act to fix the compensation of the overseer of 
the poor of the town of Rhinebeck, in Dutchess county," which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on poor laws. 

By unanimous consent, Mr. Emerson asked and obtained leave to intro- 
duce a bill entitled "An act authorizing and empowering the commis- 
sioners of public works of the city of Rochester to construct a turn-table 
or swing bridge over the Erie canal in Fitzhugh street, in the city of 
Rochester," which was read the first time, and by unanimous consent 
was ako read the second time, and referred to the committee on canals 

By unanimous consent, Mr. Harris asked and obtained leave to intro- 
duce a bill entitled '*An act to release to John J. Cooke, otherwise 
ealled Eli Plank, of the city of Albany, county of Albany and State of 
New York, the title pnd interest of the people of the State of New York 
in the real and personal estate of which John Cook, late of the said city 
of Albany, died seized," which was read the first time, an^ by unani- 
mous consent was also read the second time, and referred to the commit- 
tee on the judiciary. 

The Assembly returned the following entitled bills, with a messageXhat 
they had concurred in the passage of the same : 

"An act to authorize the city of Schenectady to borrow money for 
current expenses." 

^'An act to amend chapter 125 of the Laws of 1842, entitled *An act 
to condense and amend the several acts relating to the village of Albion.' '' 

^*An act to enable the Medical Society of the State of New York to 
alter the time of holdins its annual meeting." 

'*An act authorizing tne board of supervisors of the county of Albany 
to issue bonds to pay a portion of the bonds of said county that will 
mature dnring the year 1876." 

On/ere<i, That the Clerk deliver said bills to the Governor. 

'ilie Assembly sent for concurrence a resolution in the. words following : 



Digitized by 



Google 



124 [Fbidat, 

Hesolved (if the Senate cononr), That there be printed 500 extra copies 
of the Report of the Trustees of the State Asylum for Idiots for the use 
of said Asylum. 

Ordered^ That said resolution be referred to the committee on public 
printinj^. 

Also, the following : 

Resolved (if the Senate concur), That there be printed 800 extra copies 
of the Auditor's Financial Report ; 600 copies for the use of the Legis- 
lature, and 800 copies for the use of the Auditor ; the cost of same not 
to exceed the contract price for the same printing last made. 

Ordered^ That said resolution be referred to the committee on public 
printing. * 

The Assembly returned the concurrent resolution providing for the 
printing of 6,000 extra copies of the Report of the State Assessors for 
distribution among the supervisors and assessors of the State ; also, for 
2,000 extra copies for the Legislature, and 1,000 extra copies for use of 
the State Assessors, with a message that they had concurred in the pas- 
sage of the same. 

Mr. Woodin presented a communication, which was read, in the words 
following : 

To the ZegtakOure of the StcOe of New York: 

The undersigned inspectors of State prisons of the State of New York, 
respectfully represent : 

That, in pursuance of the suggestions contained in the message of His 
Excellency Governor Tilden, and what the undertigned believe to be a 
desire on the part of the public, the Board of Inspectors of State Prisons, 
on motion of Inspector Piatt, and by unanimous vote, passed the follow- • 
ing resolution : 

JResohedj That the Board of Inspectors of State Prisons earnestly 
desire, and deem it expedient and proper, that a full and searching inves- 
tigation should be made, by some proper authority, into the manage- 
ment of the State prisons, and also the asylum for insane convicts at 
Auburn, and respectfully request the Legislature of the State of New 
York to take such measures as will secure such investigation at the 
earliest possible momept, and would respectfully ask such consideration 
of the subject as may be thought proper. 

Dated Albany, jQ,nuary 26, 1876. 

MOSS KENT PLATT, 
GEORGE WAGNER, 
RODNEY R. CROWLEY, 

InspectoTB^ 

Mr. Woodin moved that said communication be referred to the com- 
mittee on State prisons, with instructions to report by bill or otherwise. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

The Assembly bill entitled "An act to prevent injury to animals in 
the city of New York," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of aU the members elected to the Senate voting in fjw'or thereof, 
and three-fifths being present, as follows : 



Digitized by 



Google 



Jiir. 28.] 



125 



VOB THB ATin&HATiyB. 



Bixby 


Gerard 


Robertson 


Selkreg 




Carpenter 


Hammond 


Rogers 


Starbuck 




Cole 


Harris 


St. John 


Tobey 




Coleman 


Jacobs 


Sfeyre 
Schoonmaker 


Vedder 




Doolittle 


Prince 


Wood in 




Emerson 


FOB 


THB NBGATIYB. 




21 


Baaden 


Booth 


Morrissey 




3 



Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the same. 

TBie bill entitled "An act further to amend chapter 270 of the Laws 
of 1850, entitled *An act to authorize the appointment of commissioners 
to take the proof and acknowledgment of deeds and other instruments, 
and to administer oaths in other states and territories,' " was read a third 
time. 

The President put the? question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
maiority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 

FOB THlfr AFFIBMATIVB.. 



Baaden 


Doolittle 


Prince 


Selkreg 


Bixbv 
Booth 


Emerson 


Robertson 


Starbuck 


Gerard 


Rogers 
St. John 


Tobey 
Vedder 


Carpenter 


Hammond 


Cole 


Harris 


Sayre 
Schoonmaker 


.Woodin 


Coleman 


Jacobs 





23 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. . . 

The bill entitled ^^An act to authorize the city of N^ewburgh to raise 
certain moneys by tax for the care and improvement of Washington's 
Headquarters," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was deoided in the affirmative, a 
majority of all the members elected to the Senate voting in favor 
thereof, and three-fifths being present, as follows : 



VOB THB AFFIRMATIVE. 

Baaden Doolittle Morrissey 

Bixby Emerson Prince 

Booth Gerard Robertson 

Carpenter Harris Rogers 

Cole Jacobs St. John 



Schoonmaker 

Selkreg 

Starbuck 

Tobey 

Vedder 20 



Ordered^ That theOlerk deliver said bill to the Assembly, and request 
their concurrence therein. 

^ The bill entitled '^An act to release the interest of the people of the 
State of New York in certain real estate to Jasper Rojberteon," was read 
a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decidedi in the affirmative, two- 
thirds of all the members elected to the Sebate voting in favor thereof, 
as follows : 

Digitized by VjOOQ IC 



isd 



[Fkidai, 



VOB THB AFFnUCATIYV. 



Baaden 


Doolittle 


Prince, 


Selkreg 


Bixby 
Booth 


Gerard 


Robertson 


Starbuck 


Hammond 


Bogers 
St. John 


Tobey 


Carpenter 


Harris 


Vedder 


Cole 


Jacobs 


Schoonmaker 


Wood in 


Coleman 


Morrissey 







22 

Ordered^ That the Olerk deliver said bill to the Assembly, and 
reqaest their concurrence therein. 

Mr. Cole offered the following : 

Resolved (if the Assembly ooncnr), That 2,000 copies of the Annual 
Report of the State Blind Asylum, at Batavia, be printed for the use of 
said institution. 

Ordered, That said resolution be referred to the committee on publio 
printing. 

Mr. Cole offered the following : 

Reiolvedy That the State Engineer and Surveyor be requested to make 
an examination of the Chenango canal, and the reservoirs and feeders 
connected therewith ; also, the Chemung canal and its feeders ; also, the 
Crooked Lake canal : also, the site of the old Oneida Lake canal ; and, 
also, the Oneida Lake eanal feeder (passing through the villages of 
Oneida and Durhamville), and to refiort to the Senate at the earlieFt 
practicable time: 1. What lands lying on or adjacent to said canals, 
reservoirs, and feeders belong to the State, and are not necessary to 
navijzation of said canals, or to the use of said feeders and reservoirs. 
2. What portion of said lands have passed into the possession of, or are 
now occupied by, individuals or corporations by legislative grant or 
otherwise. 3. What portion of said lands have been built upon, if any, 
and by what right do parties, if any there be, who have built thereon 
hold possession of saia lands. 

The President put the miestion Vhether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Mr. Vedder offered the following: 

Reaolvedj That a committee of three be appointed by the President 
of the Senate to draft resolutions expressive of the sense of the Senate, 
on the death of Hon. Henry Wilson, Vice-President of the United State*. 

The President put the question whether the Senate would agree tt) 
said resolution, and it was decided in the affirmative. 

Mr. Robertson offered the following: 

Resolved (if the Assembly concnn. That 600 extra copies of the 
report of the State Commissioner in Lunacy be printed for the use of 
the Legislature, and 600 for the use of the Commissioner. 

Ordered^ That said resolution be referred to the committee on public 
printing. 

Mr. Doolittle offered the followinff : 

Seeohedy That David J. Wilson be and he hereby is appointed clerk 
to the committees on manufactures, agriculture and salt, auring the ses- 
sions of 1876 and 1877. 

The President put the <][uestion whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Mr. Selkreg offisred the following : 

Resdvedy That the Olerk of the Senate be and is hereby authorized 
and directed to substitute the files and binders of the Acme Letter File 



Digitized by 



Google 



Fbi.1.] 



188 



Biaden 

BixbT 

Bradley 

Carpenter 

Cole 

Coleman 

Doolittle 



FOB THB AFFIBHATiyB. 



Emerson 


Morriseey 


Gerard 


Prince 


Harris 


Robertson 


Jacobs 


Rogers 
St. John 


Loomis 


McCarthy 


Sayre 
Schoonmal 


Moere 



Selkreg 

Starbnck 

Tobey 

Vedder 

Wagner 

Wellman 



27 



Orderedy That the Clerk deliver said J[>ill to the Assembly, and request 
their cononrrence therein. 

The " Concurrent Resolation proposing an amendment to section 8 of 
article 5 of tlie Constitation,'' was read a third time, as follows : 

RtBohed (\i the Assembly concur), That section 8 of article 5 of the 
Constitution be amended so as to read as follows : 

**§ 3. A Superintendent of Public Works shall be appointed by the 
GoYemor, by and with the advice and consent of the Senate, and hold 
ins office until the end of the term of the Governor by whom he was 
nominated, and until his successor is appointed and qualified. He shall 
receive a compensation to be fixed by law. He shall be required by 
law to ^ve security for the faithful execution of his office before entering 
apon the duties thereof. He shall be charged with the execution of all 
laws relating to the repair and navigation of the canals, and also of those 
relating to the construction and improvement of the canals, except so 
&r as Sic execution of the laws relating to such construction or improve- 
ment shall be confided to the State Engineer and Surveyor ; subject to 
tbe control of the Legislature, he shall make the rules and regulations 
for tbe navigation or use of the canals. He may be suspended or removed 
from office by the Governor whenever, in his judgment, the public inter- 
eat shall so require ; but in case of the removal of such Superintendent 
of Pablic Works from office, the Governor shall file with the Secretarv 
of State a statement of the cause of such removal, and shall report such 
removal, and the cause thereof, to the Legislature at its next session. The 
Superintendent of Public Works shall appoint not more than three 
ssnstant superintendents, whose duties shall be prescribed by him, sub- 
ject to modification by the Legislature, and who shall receive for their 
services a compensation to be fixed by law. They shall hold their office 
for three years, subject to suspension or removal oy the Superintendent 
of Pablic Works whenever, in his judgment, the public interest shall so 
feqnire. Any vacancy in the office of any such assistant superintendent 
shall be filled for the remainder of the term for which he was appointed 
by the Superintendent of Public Works ; but in case of the suspension 
or removal of any such assistant superintendent by him he shall at once 
report to the Governor, in writing, the cause of such removal. All other 

Cm% employed in the care and management of the canals, except coi- 
rs of tolls, and those in the department of the State Engineer and 
Surveyor, shall be appointed by tne Superintendent of PubHc Works, 
and be subject to suspension or removal by him. 

''The office of Canal Commissioner is abolished, from and after the 
tppointment and qualification of the Superintendent of Public Works, 
Qutil which time the Canal Commissioners shall continue to discharge 
their duties as now provided by law. The Superintendent of Pubuo 
Works shall perform all the duties of the Canal Commissioners and Board 
of Gaoal Commissioners, as now declared by law, until otherwise pro- 
dded by the Legislature. 



Digitized by 



Google 



134 



[Tuesday, 



** The Oovemor, by and with the advioe and consent of the Senate, shall 
have power to fill vacancies in the office of Superintendent of Puhfic 
Works; if the Senate be not in session, he may ^rant comnussions 
which shall expire at the end of the next succeeding session of the 
Senate." 

And wh&reaB^ Said proposed amendnlent was agreed to by a majorily 
of all the members elected to each of the two Houses of the said Legis- 
lature, entered in their journals, with the yeas and nays taken thereon, 
and referred to the Legislature to be chosen at the then next election of 
Senators ; 

AndwfiereaSy Such general election has taken place, and said pro- 
posed amendment was duly published for three months previous to the 
time of making such choice, in pursuance of the provisions of section 1 
of article 13 of the Constitution ; therefore, 

Jteaolved (if the Assembly concur), That the two Houses composing 
the present *iiegislature do agree to the said proposed amendment. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative, a majority of all the 
members elected to the Senate voting in favor thereof, as follows : 

FOB THB AFFIBMATIVB. 

Baaden 

Bradley 

Carpenter 

Cole 

Coleman 

Emerson 

Gerard Prince ' 2« 

FOB THB NBGATIVB. 

Bixby Doolittle McCarthy 3 

Ordered^ That the Clerk deliver said resolution to the Assembly, and 
request their concurrence therein. 

The bill entitled "An "act to authorize the extension of the time for 
the collection of taxes in the several towns of this State," having been 
announced for a third reading. 

On motion of Mr. Woodin, and by unanimous consent, said bill was 
amended as follows : 

Add to section three the following : 

*• This act shall not apply to any county in which the board of super- 
visors thereof has alreaay made provision for the extension of the time 
for the collection of taxes." 

Said bill was then read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
ana three-fifths being present, as follows : 



Hammond 


Robertson 


Starbuok 


Harris 
Jacobs 


Rogers 
St. John 


Tobey 
Vedder 


Loomis 


Savre 
Schoonmaker 


Wagner 
Wellmau 


Moore 


Morrissey 


Selkreg 


Woodin 


Prince 







Baaden 

Bixby 

Bradley 

Cole 

Coleman 

Doolittle 

Bmerson 



Gtorard 

Harris 

Jacobs 

Loomis 

McCarthy 

Moore 

Morrissey 



FOB THB AFFIBMATIVB. 



Prince Starbuok 




Robertson Tobey 




Rogers Vedder 




Sayre Wagner 
Schoonmaker WeUman 






Selkreg Woodin • 






29 


Digitized by VjOOQ IC 





FkM.] 



135 



On motion of Mr. Woodin, and by ananimouB consent, the Clerk was 
ordered to deliver said bill to the Assembly immediatelyi and request 
thdr oonoarrence therein. 

The bill entitled ''An act in relation to the police court and justices' 
court of the city of Troy,*' was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said but, and it was decided in the affirmative, a 
maiority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present as follows : 



FOB THB AFFIBMATIYB. 



BIlby 

Bradley 

Carpenter 

Cole 

Coleman 

Doolittle 



Prince 



Gkrard 


Morrissey 


Selkreg 


Harris 


Robertson 


Tobey 


Jacobs 


Rogers 


Vedder 


Loomis 


St. John 


Wagner 
Wellman 


McCarthy 


Schoonmaker 


Moore 







22 



FOB THB KBGAllYB. 



Starbuck 



Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled ^*An act changing the name of the TJtica and Black 
Rirer Railroad Company, and conferring its powers and franchises upon 
the company under the new title,'' was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, as {ql- 
lows: 



Buby 

Bradley 

Qupeater 

Cok 

Coleman 

Doolittle 

Emerson 



FOB THB AFFIBMATIVB. 



Gerard 


Morrissey 


Hammond 


Prince 


Harris 


Robertson 


Jacobs 


Rogers 
St. John 


Loomis 


McCarthy 


Sayre 


Moore 


Schoonmaker 



Selkreg 

Starbuck 

Tobey 

Vedder 

Wagner 

Wellman 

Woodin 



28 



Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

Mr. Robertson offered the following : 

Hesolved^ That Frank S. Wiegand be and he is hereby appointed 
messenffer of the judiciary committee in place of Isaac Westervelt, 
reaimed. 

The President put the question whether the Senate would agree to said 
resolntion, and it was decided in the affirmative. 

Ur. Brakdley offered the following : 

^ofee({(if the Assembly concur), that the Legislature adjourn sine 
die Friday, 1 7th day of March, 1876. 

Ordered, That said resolution be laid upon the table. 

Mr. Woodin moved that the Rules of the Senate be referred to tHe. 
comnuttee on rules. 

The President put the question whether the Senate would agree to safd 
motion, and it was decided in the affirmative. 



Digitized by 



Google 



136 [TuBBDAT, Feb. 1.] 

Mr. Robertson moved that the bill entitled ^<An act to amend chapter 
181 of the Laws of 1875, entitled *An act to authorize the viHages of 
the State of New York to furnish pure and wholesome water to the 
inhabitants thereof,' " be recommitted to the committee on the affairs of 
villages, retaining its place on general orders. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 

**An act in relation to the equalization of assessments under chapter 
812 of the Laws of 1859, and the amendments thereto." 

*^An act further to amend chapter 446 of the Laws of 1874, entitled 
*An act to revise and consolidate the statutes of the State relating to 
the care and custodv of the insane, the management of the asylums for 
their treatment and safe-keeping, and the duties of the State Commis- 
sioner in Lunacy.' " 

**An act to authorize the village of Coming, Steuben county, to bor- 
row money to pay its outstanding bonds issued pursuant to chapter 899 
of the Laws of 1871." 

After some time spent therein, the President resumed the chair, and ' 
Mr. Yedder, from said committee, reported in favor of the passage of 
the first and second named bills, which report was agreed to, ana said 
bills ordered engrossed for a third reading. 

Mr. Prince moved^ that the second named bill be recommitted to the 
committee on the judiciary, retaining its place in the order of third read- 
ing^ of bills. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. V odder, from the same committee, reported in favor of the passage 
of the last named bill, with amendments, which report was agreed to, and 
the same ordered engrossed for a third reading. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the Assembly 
Dill entitled as follows : 

**An act to alter the boundaries of the towns of Hopkinton and Oolton, 
in the county of St. Lawrence." 

After some time spent therein, the President resumed the chair, and 
Mr. St. John, from said committee, reported in favor of the passage of 
said bill, which report was agreed to and said bill ordered to a third 
reading. 

The President announced the appointment of the following committee 
to draft resolutions relative to the death of Vice-President Wilson : 

Messrs. Yedder, Harris and Kennaday. 

The Assembly returned the following entitled bill, with a message 
that they had concurred in the passage of the same. 

**An act to authorize the extension of the time for the collection of 
taxes in the several towns of this State." 

Ordered^ That the Clerk deliver said bill to the Governor. 

On motion of Mr. Jacobs, the Senate then went into executive ses- 
sion ; and^ after some time spent therein, the doors were opened, and, 

On motion of Mr. Jacobs, the Senate adjourned. 



Digitized by 



Google 



[Wednesday, Fer 2.] 137 



WEDNESDAY, FEBBUARY 2, 1876. 

The Senate met pursaant to adjoarnment. 

Prayer by the Chaplain. 

The jonrnal of yesterday was read and approved. 

Mr. Wellman presented a petition of citizens of Hnme, in the county of 
Allegany, for the repeal of the law exempting clergymen, church prop- 
erty and private schools from taxation ; which was read and referred to 
the committee on finance. 

Mr. Selkreg presented two petitions of citizens of Binghamton relative 
to a reorganization of the State Inebriate Asylum ; which were read and 
referred to the committee on finance. 

Mr. Eennaday presented a petition of P. P. Wells, M. D., and others, 
for the passage of an act requiring security to be given in actions 
against physicians, surgeons and dentists ; which was read and referred 
to the committee on the judiciary. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows : 

^'An act in relation to the equalization of assessments, under chapter 
312 of the Laws of 1859, and the amendments thereto." 

"An act to authorize the! village of Corning, Steuben county, to bor- 
row money to pay its outstanding bon^s issued pursuant to chapter 399 
ofthe Laws of 1871." 

''An act further to amend chapter 446 of the Laws of 1874, entitled 
'An act to revise and consolidate the statutes of the State relating to 
the care and custody of the insane, the management of the asylums for 
their treatment and safe-keeping, and the duties of the State Commis- 
sioner in Lunacy.' " 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to amend chapter 644 of the Laws of 
1873, in relation to the crime of murder," reported in favor of the pas- 
sage of the same, and said bill was committed to the conmiittee of the 
whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to confirm a deed from ' The Central 
Baptist Church, Poughkeepsie,' to ' The Baptist Church of Christ,' of 
Poaghkeepsie," reported in favor of the passage of the same, and 
said bill was committed to the committee ot the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to reduce the number of overseers of 
the poor of the town of Watervliet in the county of Albany," reported 
adversely thereto, which report was agreed to, and said bill rejected. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to provide for an additional justice of 
the peace in the town of Sidney, in the county of Delaware," reported 
adversely thereto, which report was agreed to, and said bill rejected. 

Mr. J&oore, from the committee on agriculture, to which was referred 
the bill entitled "An act to amend chapter 525 of the Laws of 1874, enti- 

[SsKiLTJB JOVRSAL. ] 18 

Digitized by VjOOQ IC 



138 



[Wednesday, 



tied *An act to provide for the incorporation of the New York State 
Grange of the Patrons of Hnsbandry and Councils and Granges subor- 
dinate thereto," reported in favor of the passage of the same, and said bill 
was committed to the committee of the whole. 

Mr. Harris, from the committee on finance, to which was referred the 
bill entitled ''An act in relation to the collection of taxes in the second 
collection district of the town of Watervliet, in the county of Albany," 
reported in favor of the passage of the same, with amendments, the title 
amended so as to read ''An act to amend chapter 180 of the Laws of 
1 845, entitled 'An act to reduce the number of town officers, find town 
and county expenses, and to prevent abuses in auditing town and county 
accounts,' " and said bill was committed to the committee of the whole. 

Mr. Wagner, from the committee on public printing, to which was 
referred the resolution to print 2,000 extra copies of the Annual Report 
of the State Blind Asylum, at Batavia, reported in favor of the following 
resolution : 

Resolved (if the Assembly concur), That 1,000 copies of the Annual 
Report of the State Blind Asylum, at Batavia, be printed for the use of 
the institution. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative, as follows : 

FOB THE AFFIBMATIYB. 



Bixby 


Jacobs 


Cole 


Eennaday 


Doolittle 


Lament 


Emerson 


Loomis 


Gerard 


McCarthy 


Hammond 


Moore 


Harris 


Morrissey 



Prince 


Selkres: 


Robertson 


Starbuok 


Rogers 
^ St. John 


Vedder 


Wagner 
Wellman 


Savre 
Schoonmaker 


Woodin 



26 

Ordered^ That the Clerk deliver said resolution to the Assembly, and 
request their concurrence therein. 

Mr, Wagner, from the committee on public printing, to which was 
referred the resolution to print 500 copies of the Annual Report of the 
Commissioners of Emigration, reported in favor of the following teao- 
lution : 

Resolved (if the Assembly concur), That 500 copies of the Annual 
Report of the Commissioners of Emigration be printed for the use of said 
commissioners. ^ 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative, as follows : 



Baaden 

Bixby 

Bradley 

Cole 

Coleman 

Doolittle 

Emerson 



FOB THE AFFIRMATIVE. 

Gerard McCarthy Schoonmaker 

Harris Morrissey Selkreg 

Jacobs Prince Starbuck 

Kennaday Robertson Wagner 

Lamont Rogers Wellman 

Loomis Sayre Woodin 



26 



Ordered^ That the Clerk deliver said resolution to the Assembly, and 
request their concurrence therein. 

Mr. Doolittle, from the committee on public printing, to which was 
referred the Assembly resolution to print 800 extra copies of the Auditor's 
Financial Report, reported in favor of the following resolution : 



Digitized by 



Google 



Feb. 2.] 



139 



Eesolved (if the Senate concur), that there be printed 800 extra copies 
of the Auditor's Financial Report, 600 copies for the use of the Legisla- 
ture, and 300 copies for the use of the Auditor. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative, as follows: 



Selkreg 

Starbuck 

Vedder 

Wagner 

Wellman 

Woodin 

27 

Ordered^ That the Clerk return said resolution to the Assembly, with 
a mesage informing that the Senate have concurred in the passage of 
the same, with an amendment. 

Mr. Doolittle, from the committee on public printing, to which was 
referred the resolution to print 10,000 extra copies of the Census Report, 
reported in favor of the following resolution : 

Resolved (if the Assembly concur). That 6,000 extra copies of the 
Preliminary Census Report be printed for the use of the Legislature, and 
that 600 extra copies thereof be printed for the use of the Secretary of 
State; the same to be printed from the stereotype plates already used in 
printing the same as Senate Document No. 6. 

The President put the question whether the Senate would agree to said 
resolation, and it was decided in the affirmative, as follows : 





FOR THB 


AFFIRMATIVE. 


Baaden 


Harris 


Morrissey 


Bixby 


Jacobs 


Prince 


Cole 


Eennaday 


Robertson 


Coleman 


Lament 


Rogers 
St. John 


Doolittle 


Loomis 


Emerson 


McCarthy 


Sayre 


Gerard 


Moore 


Schoonmaker 



Baaden 

Bradley 

Coleman 

Doolittle 

Emerson 

Oerard 



FOR THB AFFIRMATIVE. 

Harris Moore Starbuck 

Kennaday Morrissey Vedder 

Lament Prince Wagner 

Loomis Robertson Wellman 

McCarthy Sayre Woodin 



21 



Orderedj That the Clerk deliver said resolution to the Assembly, and 
request their concurrence therein. 

Mr. Loomis, from the committee on public printing, to which was 
referred the Assembly resolution to print 500 extra copies of the Report 
of the Trustees of the State Asylum for Idiots, reported in favor of the 
following resolution : 

Resolved (if the Senate concur). That there be printed 500 extra copies 
of the Report of the Trustees of the State Asylum for Idiots, for the use 
of the said Asylum. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative, as follows « 



FOR THE AFFIRMATIVE. 

Baaden Harris Moore 

Bixby Jacobs . Morrissey 

Bradley Kennaday Prince 

Coleman LamontJ Robertson 

Doolittle Loomis Rogers 

Gerard McCarthy Sayre 



Schoonmaker 

Starbuck 

Vedder 

Wagner 

Wellman 

Woodin 24 

Digitized by VjOOQIC 



Prince 


Starbuck 


Robertson 


Vedder 


Rogers 
St. John 


Wagner 
WeUman 


Sayre 
Seikreg 


Woodin 





140 [Wednesday, 

Ordered^ That the Clerk return said resolution to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same. 

Mr. Loomis, from the committee on public printing, to which was 
referred the resolution to print 500 extra copies of the Report of the 
State Commissioner in Lunacy, reported in favor of the following reso- 
lution : 

Beaolved (if the Assembly concur), That 500 extra copies of the Report 
of the State Commissioner in Lunacy be printed for the use of the Legis- 
lature, and 500 for the use of the Commissioner. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative, as follows : 

FOR THE AFFIRMATIYE. 

Baaden Kennaday 

Coleman Lamont 

Doolittle Loomis 

Gerard McCarthy 

Harris Moore 

Jacobs Morrissey Seikreg 28 

Ordered^ That the Clerk deliver said resolution to the Assembly, and 
request their concurrence therein. 

Mr. Seikreg, from the committee on railroads, to which was referred 
the bill entitled "An act to amend chapter 140 of the Laws of 1860, 
entitled 'An act to authorize the formation of railroad companies, and 
to regulate the same,' " reported in favor of the passage of the same, and 
said bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled "An act in relation to certain employees of the 
mayor, aldermen and commonalty of the city of New York," reported 
in &vor of the passage of the same, and said bill was committed to the 
committee of the whole. 

The President presented a communication from a committee on behalf 
of the Homoeopathic Medical Society of the State of New York extending 
an invitation to the Senate to attend its meetings. 

Also, the report of the trustees of the Wyoming Benevolent Institute, 
which was laid upon the table and ordered printed. 

{See Doc. M. 34.) 

The Assembly sent for concurrence a resolution in the words foU 
lowing : 

WhisreaSy His Excellency the Governor, in his late Annual Message to 
the Legislature recommenas that an investigation be had with resort to 
the necessity of the expenditure represented by the Superintenaent of 
the Onondaga Salt Springs to be necessary for his department, the best 
method of operating the works, and the general management of the oon- 
cem; therefore, 

Jiesolved (if the Senate concur), That the committees on the manufac- 
ture of salt, of the Senate and Assembly, acting jointly, do investigate 
and examine, as suggested by His Excellency, the affaira of the Onon- 
daga Salt Springs and the management thereof, and report their con- 
clusions to each House without delay; and for that purpose that they 
be permitted to visit the Onondaga Salt Springs Reservation, and have 
power to send for persons and ^papers. 



Digitized by 



Google 



Fib. 2.] 141 

On motion of Mr. McCarthy, and by unanimons consent, the rales 
were suspended, in order that said resolution might be considered imme- 
diately. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Ordered^ That the Clerk return said resolution to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled *^An act relating to the local government of the city 
of New York," which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on the 
affairs of cities. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
daoe a bill entitled ''An act further to amend an act entitled 'An act to 
amend title 16, chapter 8, part 3 of the Revised* Statutes relative to pro- 
ceedings for draining of swamps, marshes, and other low or wet lands, 
and for draining farm lands,' passed May 12, 1869," which was read the 
first time, and by unanimous consent was also read the second time, 
and referred to the committee on the judiciary. 

By unanimous consent, Mr. Moore asked and obtained leave to intro- 
doc*' a bill entitled "An act to amend chapter 173 of the Laws of 1876, 
entitled 'An act to provide for the better care of pauper and destitute 
children," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on poor laws. 

By unanimous consent, Mr. Kennaday asked and obtained leave to 
introduce a bill entitled "An act to further amend chapter 729 of the 
Laws of 1871, entitled 'An act to amend and consolidate the several acts 
relating to the preservation of moose> wild deer, birds and fish,' passed 
April 26, 1871," which was read the first time, and by unanimous con- 
sent was also read the second time, and referred to the committee on 
ifltemal afiairs. 

By unanimous consent, Mr. Morrissey asked and obtained leave to 
introduce a bill entitled "An act relating to the payment of assessments 
in the dty of New York," which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the com- 
mittee on the affiurs of cities. 

By unanimous consent, Mr. St John asked and obtained leave to intro- 
duce a bill entitled "An act to amend chapter 291 of the LawH of 1870, 
entitled 'An act for the incorporation of villages,' " which was read the 
first time, and by unanimous consent was also read the second time, and 
referred to the committee on the affairs of villages. 

By unanimous consent, Mr. St. John asked and obtained leave to intro- 
dacea bill entitled "An act to amend section 2 of chapter 514 of the 
Laws of 1876, entitled 'An act to provide for the election of police jus- 
tices in vDlagea,'" which was read the first time, and by unanimous con- 
sent was also read the second time, and referred to the committee on 
the judiciary. 

By unanimouB consent, Mr. McCarthy asked and obtain imI loavo to 
introduce a bill entitled "An act to define the powers and duties of the 
superintendent of the poor in the county of Onondaga," which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on poor laws. 



Digitized by 



Google 



142 



[Wbdnesdat, 



By unanimous consent, Mr. Prince asked and obtained leave to intro- 
duce a bill entitled "An act to amend chapter 209 of the Laws of 1874, 
entitled 'An act to amend an act passed April 18, 1869, entitled An act 
to extend the provisions of an act authorizing the imprisonment of per- 
sons convicted of certain crimes in the counties of Montgomery and 
Oneida, in Albanv county penitentiary, passed April 12, 1858,* to all 
the counties in this State," which was read the first time, and by unani- 
mous consent was also read Ihe second time, and referred to the com- 
mittee on state prisons. 

By unanimous consent, Mr. Bradley asked and obtained leave to intro- 
duce a bill entitled "An act to amend part 1, chapter 11, title 3, article 2, 
sections 21 and 22 of the Revised Statutes in relation to constables," 
which was read the, first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

Pursuant to notice, Mr. Bixby introduced a bill entitled "An act to 
reorganize the local government of the city of New York," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the affairs of cities. 

By unanimous consent, Mr. Rogers asked and obtained leave to intro- 
*luce a bill entitled "An act to amend chapter 212 of tlie Laws of 1866, 
passed March 25, 1 865, and to regulate the practice in criminal cases," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Vedder asked and obtained leave to intro- 
duce a bill entitled "An act inaking it a misdemeanor to cut down tim- 
ber or trees, or purchase or receive the same or any timber made there- 
from," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Harris asked and obtained leave to intro- 
duce a bill entitled "An act to require the filing of maps in the assessor'a 
oflice of the city of Albany," which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on the affairs of cities. 

The bill entitled "An act in relation to the equalization of assessments 
under chapter 312 of the Laws of 1859, and the amendments thereto,*' 
was read a third time. 

The Presi<lent put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the aflirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 



FOB THB AJTIBMATIYB. 



Baaden 

Bixby 

Colo 

Colemun 

Doolittle 

Emerson 

Gerard 



Hammond 

Harris 

Jacobs 

Kennaday 

Loomis 

McCarthy 

Moore 



Morrissey 


Schoonmaker 


Prince 


Starbuok 


Robertson 


Vedder 


Rogers 
St. John 


Wagner 
WeUman 


Sayre 


Woodin 



26 



Ordered^ Th9,t the Clerk deliver said bill to the Assenibly and 
request their concurrence therein. . * 



Digitized by 



Google 



Feb 2.] 



143 



The bill entitled ''An act to amend chapter 36 of the Laws of 1873, 
entitled *An act to provide for a supply of water in the city of Tonkers,* 
passed February 2By 1873," was read a third time. 

The President put the question whether the Senate would agree to 
the final passap^e of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor 
thereof, and three-fifths being present, as follows : 

FOR THE AFFIRMATIYX. 

Schoonmaker 

Selkreg 

Starbuck 

Vedder 

Wagner 

Wefiman 

Woodin 28 

Ordered, That the Clerk deliver said bill to the Assembly, and request 
their eonearrenoe therein. 

The bill entitled **An act to authorize the village of Corning, Steuben 
coanty, to borrow money to pay its outstanding bonds issued pursuant to 
chapter 899 of the Laws of 1871," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 



Baaden 


Gerard 


Moore 


Bixby 


Hammond 


Morrissey 


Bradley 


Harris 


Prince 


Cole 


Jacobs 


Robertson 


Coleman 


Kennaday 


Rogers 


DooUttle 


Loomis 


St. John 


Emerson 


McCarthy 


Sayre 



FOB THB AFFIRMATIVE. 



Baaden 

Bradley 

Cole 

Coleman 

DoolitUe 

Emerson 

Gerard 



Hai'ris 

Kennaday 

Lament 

Loomis 

McCarthy 

Moore 



Morrissey 


Selkreg 


Prince 


Starbuck 


Robertson 


Vedder 


Rogers 


Wagner 


St. John 


. Wellman 


bayre 


Woodin 



25 



Ordered, That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The Assembly bill entitled "An act to alter the boundaries of the 
towns of Hopkinton and Colton, in the county of St. Lawrence," was 
read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, ana 
three-fiflhs being present, as follows : 

FOR THE AFFIRMATIVE. 

Bradley Kennaday Robertson Starbuck 

Coleman Loomis Rogers Vedder 

Dooiittle McCarthy St. John Wagner 

Emerson Moore Sayre Wellman 

Gerard Morrissey Selkreg Woodin 

Harris Prince 22 

Ordered, That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the same. 



Digitized by 



Google 



144 [Wednesday, Feb. 2.] 

Mr. Woodin moved that bo much of the message of His Exoellenoy 
the Governor, in response to a resolution of the Senate of January 6th, 
relative to the results attained by the commission appointed to investi- 
gate the management of the canals, as refers to the frauds in expendi- 
tures connected with the canals (see page 78, Senate Journal), be referred 
to the committee on canals. 
Pending the question, 

The hour of twelve o'clock, m., having arrived, the President announced 
the executive session. 

Mr. Woodin moved that the executive session be postponed until one 
o'clock and fifteen minutes. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 
After debate, 

The President put the question whether the Senate would agree to the 
motion referring said message, and it was decided in the affirmative. ' ~; 

Mr. Woodin moved that so much of said message as refers to a '' spe- 
cial " appropriation for the Attorney-Qeneral in prosecuting cases arising 
out of canal frauds (see page 79, Senate Journal), be referred to the com- 
mittee on the judiciary. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

The Assembly sent for concurrence the bill entitled as follows : 

*^An act to legalize and confirm all the acts of the trustees of the vil- 
lage of Medina, in the laying out and construction of South avenue 
sewer, and accepting conveyances of real estate therefor," which was 
read the first time, and by unanimous consent was also read the second 
time. 

On motion of Mr. Cole, and by unanimous consent, the rules were 
suspended, and said bill was read a third time. 

The PreHident put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 

FOB THE AFFIEMATTYB. 

Baaden Gerard McCarthy Sohoonmaker 

Bixbv . Hammond Moore . Selkreg 

Bradley Harris Morrissey Starbuck 

Cole Jacobs Robertson Vedder 

Coleman Eennaday Rogers Waener 

Doolittle Lament St. John Wellman 

Emerson Loomis Sayre Woodin 28 

, On motion of Mr. Cole, and by unanimous consent, the rules were 

suspended, and the Clerk ordered to return said bill to the Assembly, 

immediately, with a message informing that the Senate have concurred 

in the passage of the same. 

The Assembly returned the concurrent resolution providing for the 

{printing of 1,600 extra copies of the Seventh Annual Report of the Wil- 
ard Asylum for the Insane," with a message that they had concurred in 
the same. 

The hour of one o'clock and fifteen minutes having arrived, the Senate 
went into executive session; and, after some time spent therein, the 
doors were opened, and 
On motion of Mr. Rogers, the Senate adjourned. 

Digitized by VjOOQ IC 



[Tbommt^ Pxb. d.3 lid 



THURSDAY, PKBRUART 3, 1876. 

The Senate met parBuant to adjournment. 

Prayer by the Chaplain. 

Tba ioama} of yesterday was read and approved. 

Mr. Moore presented a petition of citizens of Norfolk, St. Lawrenoe 
eonnty, for the repeal of the law exempting clergyman, charch property 
and private sobools irom taxation ; which was read and referred to the 
committee on finance. 

Mr. Eeonaday presented a petition of the Kings County Medical 
Society asking for the passage of the act requiring security in actions 

Saintt physicians ; which was read and referred to the committee on 

Mr. McCarthy presented resolutions of the board of supervisors of 
Onondaga county against the bill providing for a recorder's court for 
tiieeity of Syracuse; which was read and referred to the committee on 
tbejadiciary. 

Also, a rnolution of the board of supervisors of Onondaga V>ui|ty for 
the repeal of the town, audit act of 1876 ; which was read and referred 
to the committee on internal afiairs. 

Mr. Selkreg presented a petition of citizens of Broome county for a 
Rorgaaization of the State Inelmate Asylum; which was read and 
referred to the committee on finance. 

Mr. Wellman, from the committee on the militia, to which wan referred 
the Assembly Inll entitled *'An act to amend chapter 80 of the Laws of 
1870, entitled *An act to provide for the enrollment of the militia, for 
the organization of the National Guard of the State of New York, and 
for the public defanse,' and entitled the 'Military Code,'" reported in 
fsror of the passage of the same, and said bill was committee^ to the 
committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled ''An act to confirm a certain deed 
made bv the trustees of the Lafayette Avenue Presbvterian Church, in 
the city of Brooklyn, to the trustees of the Fort Green Presbyterian 
Charch^ in said city,'' reported in favor of the passage of the same, and 
laid bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judici;iry, to which was 
recommitted the bill entitled ''An act to amend chapter 620 of the Laws 
of 1870, entitled 'An act to establish and maintain a police force in the 
city of Troy,' and to increase the powers and duties of the police com- 
missioners of said citv," reported in favor of the passage or the same, 
with amendments, and said bill was ordered to a third reading. 

Mr. liobertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to conlirm thie official acts of Walter 
H. Allen, a superintendent of the poor of the county of Seneca, and to 
enable him to take and file his oath of office," reported in favor of the pas- 
ta^ of the Bame, an4 said bin was committed to the committee of the 
wholei 

[SXITATB JOUBITAI..] 19 

Digitized by VjOOQ IC 



146 [TBUBSDATy 

Mr. Robertson, from the oommittee on the judiciary, to which was 
referred the bill entitled '^Ad act in relation to the town clerk of the town 
of Watervliet, in the county of Albany," reported in favor of the passage 
of the same, with amendments, and the title amended so as to read **An 
act to repeal chapter 869 of the Laws of 1807, entitled ^An act to pro- 
vide for the erection of a town hall in the town of Watervliet, in the 
county of Albany,' and in relation to the town clerk of said town," and 
said bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which wa9 
referred the bill entitled ''An act to amend an act entitled 'An act to 
amend chapter 446 of the Laws of 1874, entitled An act to revise and 
consolidate the statutes of the State relating to the care and custody of 
the insane, the management of the asylums for their treatment and safe- 
keeping, and the duties of the State Commissioner in Lunacy,' passed 
May 12, 1874, passed June 9, 1875," reported adversely thereto. 

Mr. Jacobs moved that said report be laid upon the table. 

The President put the (question whether the Senate would agree to 
said motion, and it was decided in the aiBrroative. 

Mr. Selkreg, from the committee on. railroads, to which was referred 
the bill entitled ''An act further to amend chapter 681 of the Laws of 
1873, entitled 'An act to establish communication between Richmond 
county and New Jersey, incorporating the Tubular Transit Company, 
of Staten Mand,' " reported in favor of the passage of the same, and said 
bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on rules, to which was referred the 
the Rules of the Senate, reported that they have had the same under 
consideration, made some amendments thereto, and have directed their 
chairman to report the same to the Senate, as follows : 

RULES AND ORDERS OP THE SENATE, 
Obdeb of Business. 

Rule 1. The president having taken the chair at the hour to which 
the senate shall have adjourned, and a quorum being present, the 
journal of the preceding day shall be read, to the end that any mis- 
takes therein may be corrected. 

Rule 2. After the reading and approval of the journal, the order of 
business shall be as follows : 

1. The presentation of petitions. 

2. Reports of standing committees. 

3. Reports of select committees. 

4. Messages from the governor. 

5. Communications and reports from state oflScers. 

6. Messages from the assembly. 

7. Introduction of bills. 

8. Third reading of bills. 

9. Motions and resolutions. 

10. Special orders. 

11. General orders ; but messages from the governor and assem* 

bly, and communications and reports from state officers, 
and reports from the committee on engrossed bilLs, may be 
receiv^ under any order of business. 



Digitized by 



Google 



Of the Pbesidbkt. 

Bulb 3. The president shall have the right to name any member to 
perform the duties of the chair, who is hereby vested, during such time, 
with all the powers of the president ; but such substitute shall not lose 
the right of voting on any question while so presiding, nor shall his power 
as sucn substitute continue for any longer period tnan two days, with- 
out leave of the senate. 

BuLE 4. W.hen the senate shall be ready to go into committee of the 
whole, he shall name a chairman to preside therein. 

Bulb 5. He shall assign to the door-keepers their respective duties 
and stations. 

Bule 6. He shall certify the passage of all bills by the senate with 
the date thereof, together with the fact whether passed as majority, 
three-fifths or two-thirds bills, as required by the constitution or laws 
of this state. 

Of the Clbkk. 

Bulb 7. It shall be the duty of the clerk to have the journal of each 
day's proceedings printed, and copies thereof placed upon the files of 
the president, senators and reporters, within three days after approval 
hf the senate. 

Bule 8. He shall also furnish each senator daily with a printed list 
of the general orders, which shall be kept on file by the superintendent 
of documents, in the same manner as other documents. And the 
clerk of the senate shall see that all bills shall be acted upon by the 
senate in the order in which they are reported and stand upon the 
calendar, unless otherwise ordei^ by two-thirds of the senators pres- 
ent The calendar shall, also, in like manner and form, include the 
nnmber and title of bills and joint resolutions which have passed the 
assentibly, and been received by the senate for concurrence. 

Bule 9. He shall present such bills as shall have originated in the 
senate, and been passed by both houses, to the governor, and enter the 
same upon the journals. 

Bulb 10. He shall designate what persons are entitled to admission 
to the floor as reporters for the public press, not exceeding twenty -two 
in number. . 

Of the Eights and Duties of Senators. 

Bule 11. Every senator presenting a paper shall indorse the same; 
if a petition, memoritd, or report to the legislature, with a brief state- 
ment of its subject or contents, adding his name ; if a notice or resolu- 
tion, with his name ; if a report of a committee, a statement of such 
report, with the name of the committee and member making the same; 
if a bill, a statement of its title, with his name, and the fact whether 
presented on notice, or if by* unanimous consent, with a statement of 
its contents. 

Bule 12. No member shall speak to another, or otherwise interrupt 
the business of the Senate, or read any newspaper, while the journals 
or public papers are being read ; and when the president is putting a 
question, no senator shall walk out of or across the house, nor when a 
senator is speaking, pass between him and the chair. 

Bulb 13. Everj senator rising to debate, or to present a petition or 
other paper, to give a notice, make a motion or report, shall address 
the president, and shall not proceed further until recognized by the 

Digitized by VjOOQ IC 



14S [TfirafliMiT, 

chair. No senator shall speak more than twice the same day on the 
same subject, without leave of the senate; and where two or more 
senators rise at once, the president shall name the senator who is first 
to speak. 

BtJLE 14. Everf senator who shall be within the bar of the senate 
when a question is stated from the chair, shall vote thereon, unless he 
shall be excused by the senate, or unless he be directly interested in 
the question. 

Rule 15. Any senator requesting to be excused from voting may 
make, either immediately before or after the vote shall have been 
called, and before the result shall be announced, a brief statement, not 
occupying. over five minutes, of the reasons for making such request, 
and the question on excusing him shall then be taken without debate. 

Of CoMMirrEES and their Duties. 

BuLE 16. Standing committees, consistmg, unless otherwise ordered, 
of three members, shall be appointed on the following subjects : 

1. On claims. 

2. On finance, to consist of five members. 

3. On judiciary, to consist of seven members. 

4. On militia. 

5. On canals, to consist of seven members. 

6. On railroads, to consist of five members. 

7. On roads and bridges. 

8. On litemture. 

9. On State prisons. 

10. On banks. 

11. On insurance companies. 

12. On the erection and division of counties and towns. 

13. On agriculture. 

14. On commerce and navigation, to consist of five members. 

15. On manufacture. 

16. On public health and medical societies and colleges. 

17. On privileges and elections. 

18. On engrossed bills, to consist of five members. 

19. On Indian affairs. 

20. On public expenditures. 

21. On affairs of cities, to consist of seven members. 

22. On public buildings. 

23. On poor laws. 

24. On charitable and religious societies and corporations generally. 

25. On retrenchment. 

26. On grievances. 

27. On the manufacture of salt. 

28. On the internal affairs of towns and counties. 

29. On public printing. 

30. On affairs of villages. 

31. On rules. 

BuLE 17. It shall be the duty of the committee on public printing 
to examine and report on all questions of printing referred to them, 
and ev^ry motion to print any petition, resolution, report, bill, mesaage 
or other manuscript, except as provided in the joint rules, shsJloe 
sefemd to sooh oommittae. They ahaU, when praotioable^ fieport Ht 

Digitized by VjOOQ IC 



Tm. $.] 149 

approzimflie ooet of all extra piintiiiff, and report to the senate from 
time to time, any measure tbey may deem useful for the eoonomioal 
and proper management of the pnblic printing. 

BuLE 18. The committee on engrossed bills shall examine all bills, 
amendments and resolutions which are required to be engrossed, before 
they fi;o out of possession of the senate, and make report when they 
fiodf them correctly engrossed, before they are read the third time; 
tbey shall also compare such amendment as may be made in the 
assembly to senate bills, and that are concurred in by the senate after 
they shall have been re-engrossed in the senate, for the purpose of as- 
oertaining whether they are cori'ectly engrossed. 

Bulk 19. Every report of a committee upon a bill which shall not 
be considered at the time of making the same, or laid on the table by 
a yote of the senate, shall stand upon the general orders with the bill, 
And entered on the journaL 
• 
Of Oeneral Obdebs and Special Ordebs. 

Rule 20. The matters referred to the committee of the whole senate 
shall constitute the general orders, and the business of the general 
orders shall be taken up as follows, Tiz. : The clerk shall announce the 
title of each bill, with the printed number, or other matter as it shall 
be reached in its order, when it may be taken up on the motion of 
any member without the putting of any question therefor ; but if not 
00 moved, it shall lose its preference for the day. And whenever three 
bills have been moved consecutiyely, the senate shall go into commit- 
tee of the whole upon them without further orders; and whenever a 
motion shall prevail in committee of the whole that the committee 
BOW rise, report progress and ask leave to sit again, the motion shall 
iaelade the bills remaining unacted upon in the committee of the 
vbole which shall be considered in the first committee of the whole 
therea£ter ; and no bill shall be considered in committee of the whole, 
nnless the same shall have been printed. 

BuLE 21. Whenever any bill or other matter is made the special 
order for a particular day, and it shall not be completed on that day, 
it shall retain its place in the general orders, unless it shall be maae 
the special order for another day ; and when a special order is under 
consideration it shall take precedence of any special order for a subse- 
quent hour of the same day; but such subsequent special order may 
be taken up immediately after the previous special order has been dis- 
posed of. 

Of the Committee of the Whole, 
RuhB 22. The rules of the senate shall be observed in the committee 
of the whole, so far as may be applicable, except limiting the number 
of draes of 8peakin£[ and except that the ayes and noes shall not be 
taken. Such committee may strike out the enacting clause of a bill, 
and report that fact to the senate; and if the report be agreed to by 
the aeliate, it shall be deemed a rejection of the bilL 

BuLJg 33. BUb committed to a committee of the whole senate, shall 
IB committee of the whole be read through by sections. The report 
abmU state whether or not said bill has been amended in committee of 
the wh<de. After the report, the bill shall be subject to debate and 
^ndttkentheSoTeihB question to en^oas is put ; but such amendments 



Digitized by 



Google 



150 [THirBflDAT, 

only shall be in order as were offered and decided in the committee of 
the whole senate, except by unanimous consent 

Rule 24. A motion that the committee rise and report progress on 
any bill shall always be in order, and shall be decided without debate. 

0* Bills. 

EuLB 25. Every bill shall be introduced by motion for leave, or on 
the report of a committee, or by message from the assembly ; and one 
day^s notice, at least, shall be given of an intended motion for leave to 
bring in a bill, unless the senate unanimously order otherwise. Such 
notice shall state generally the subject-matter of such bill. 

Rule 26. When a bill shall be reported by a committee of the whole, 
and not otherwise disposed of, the question shall be, "Shall the report 
be agreed to ? " And when the report of such committee, if favorable, 
shall be agreed to, and the bill not otherwise disposed of, the bill shall 
be orderea engrossed for a third reading. Upon* such (question the 
merits of the bill may be debated, and a motion to commit or recom- 
mit, or to amend, as provided in the 24th rule, or lay on the table, or 
to postoone to a future dav, shall be in order. If such question be 
decided in the negative, such bill shall be deemed lost. 

Rule 27. Every bill shall receive three readings previous to its 
being passed, and the president shall give notice at each, whether it be 
the first, second or third. No bill shall be amended or committed 
until it shall have been twice read, and no bill shall be read a third 
timp out of its regular order, nor on the same day on which it is 
ordered to a third reading unless on a vote of two-thirds of all the 
senators present and voting ; and no bill shall be read a third time 
unless it shall have been printed ; and all resolutions which propose 
any amendment of the constitution, shall be treated in the form of 
proceedings on them, in a similar manner with bills, except that it 
shall not be necessary to commit such resolutions to a committee of 
the whole ; and no bill shall be ordered to a third reading without 
having been acted upon in committee of the whole. 

Rule 28. After a bill or resolution to amend the constitution shall 
be ordered to a third reading, no motion to amend the same shall be 
in order without unanimous consent, but any such bill or resolution 
may be committed prior to the completion of the final reading thereof. 

Rule 29. When any bill requiring the concurrence of two-thirds of 
the senators, is under consideration, such concurrence shall not be 
reouisite except on the question of its final passage. 

Rule 30. The question on the final passage of every bill shall be 
taken by ayes and noes, which shall be entered on the journal, and 
unless the bill receive the number of votes required by the oonstitu- 
tion to pass it, it shall be declared lost, except in cases provided for by 
the d4th rule, and such question shall be taken immeaiately after the 
third reading and without debate. 

Rule 3 L. All bills shall be printed in the order in whioh th%j are 
reported by the committees, unless otherwise ordered by the senate. 

Rule 32. The vote on the final passage of any bill appropriating 
the public moneys or property, or creating, continuing, altering or 
renewing any body politic or corporate, snail not be reconsidered 
whenever any such bill shall be lost, unless' by a vote of a majority of 
all the senators elected; but all other bills, when the same shall have 



Digitized by 



Google 



Fb& 3.] 151 

been lost, ma; be reconsidered by a vote of a majority of all the s^na- 
to present and voting; nor shall any bill be referred to a select com- 
mittee with power to re|>ort complete, unless such bill has preyiously 
been considered in committee of the whole, and read through by sections. 
Rule 33. If, on taking the final question on a bill, it shall appear 
that a constitutional quorum is not present, or if the bill require a 
Tote of two-thirds of all the members elected to pass it, and it appears 
that such number is not present, the bill shall be laid on the table, and 
the final question taken thereon at such time as the senate shall order. 

Of Motions akd theib Pbbobdekcb 

Bulb 34. When a question is before the senate, no motion shall be 
received, except as herein specified ; which motions shall have prece^ 
dence, in the order stated, viz.: 

1. For an adjournment 

2. To lay on the table. « 

3. To postpone indefinitely. 

1 To postpone to a certain day. 

5. To commit to a standing committee. 

6. To commit to a select committee. 

7. To the committee of the whole. 

8. To amend. 

The motion to adjourn and to lay on the table shall always be in 
order, and shall be decided without aebate. 

Bulb 35. All motions shall be reduced to writing, if desired by the 
president or any member^ delivered to the clerk and read by him, 
before the same shall be debated ; but any such motion may be with* 
drawn at any time before decision or amendment id made. 

SuLB 36. If the question in debate contains several points, any 
member may have the same divided, provided the division called for 
embodies a distinct principle or statement of fact. 

Bulb 37. A motion to postpone, commit or refer, until it is decided, 
shall preclude all debate of the main question. 

Bulb 38. When a blank is to be filled, and different sums or time 
sball be proposed, the question shall be first taken on the highest sum 
and the longest time. 

EuLE 39. When a question has bef»n once .put and decided, it shall 
be in order for any senator to move for the reconsideration thereof; 
but no motion for the reconsideration of any vote shall be in order 
after the bill, resolution, message, report, amendment or motion, upon 
(rhich the vote was taken, shall have gone out of the possession of the 
senate, and no bill or resolution shall, before the first day of April, be 
sent from the senate on the day of its passage ; nor shall any motion 
for reconsideration be in order, unless made on the same day on which 
the vote was taken, or within the next three days of the actual session 
of the senate thereafter. Nor shall any question be reconsidered more 
than once. 

Bulk 40. All concurrent resolutions shall lie on the table at least 
one day. 

Of Qubstioks of Ordeb. 
Bulb 41. All Questions relating to the priority of business shall be 
decided without debate. 



Digitized by 



Google 



Rtru 43. When the Teadisg of a paper k oatled fin*, ^ecpt petftmn, 
and the naxM is objected to by any membMry it sball be determined «by 
a YOte of the seofate, without debate. ' 

Bulb 43. Wh«n a senator shall be called lo order he shall take lti« 
seat until the president shall hare determined whether he was in order 
or not ; and, if decided to be out of order, be sball not proceed without 
the permission of the senate ; and eyeiy question of order sball be 
decided by the president, snbject to an appeal to the senate bj any 
member ; and no second appeal shall be entertained until the onginu 
appeal shall be decided ; ana if a senator be called to order for words 
spoken, the words excepted to shall be immediately taken down in 
writing, that the president or senate may be better enabled to judge 
of the matter. 

BuLE 44. Upon a division in the senate, the names of those who 
voted for or against a question shall be entered alphabetically on the 
minutes, if any senator requires it, except upon motions to excuse a 
senator from voting, which shall be decided by count; and each senator 
called upon, unless for special reasons he be excused by the senate, 
shall declare, openly and without debate, his assent or dissent to the 
question. 

Of Exeoutitb Sbssioit. 

BULE 45. On motion made and seconded to close tbe doors of the 
senate, on the discussion of anv business which may, in tho opinion of 
any senator, require secrecy, andf during the consideration of all business 
in executive session, the president shdl direct all persons, except the 
senators and clerk of the senate and his messenger, to withdraw ; and 
during the discussion of said motion the doors snail remain shut ; and 
every senator and officer of the senate shall keep secret all such matters, 
proceedings and things which shall transpire while the doors remain 
closed. 

BuLE 46. The proceedings of the senate upon executive business 
shall be kept in a journal separate from its proceedings upon legislative 
business. 

Bulb 47. The senate shall go into consideration of executive busi- 
ness on the first and third Wednesdays of everv month that it is in 
session, at twelve o'clock at noon thereof. Any nomination sent 
by the governor for the appointment of any officer (except a uotary 
public) shall be referred to that standing committee of the senate to 
which the duties of such officer appertain, unless otherwise ordered; 
and no nomination shall be further considered by the senate until 
after the report thereon of a majority of the standing committee to 
which it was referred, and the consent of the senate to the appoint- 
ment of any officer nominated by the governor, given on any day of the 
transaction of executive business, shall not be transmitted to the gov- 
ernor until the next day thereafter, for the transaction of such basx- 
ness. Nominations of persons for the offiee of notary public sfaLall be 
referred to the senator from the district in which the nominee resides, 
except that, when the nominee resides in the city and oounty of New 
York, the reference shall be to the senators from that city and county, 
and when the nominee resides in the county of Kings the reference 
shall be to the senators ttom that ooonty. 



Digitized by 



Google 



Per 3.] 163 

MiSOBLLAKEOUS PeOVISIOKS. 

BuLE 48. No person other than officers of the state, members and 
officers of the senate and assembly, unless on invitation of the presi- 
dent, or by vote of the senate^ shall be admitted within the bar. 

Bulb 49. None but the president, senators and clerks shall be 
allowed to take books belon^ng to the senate chamber; and on taking 
books each of the persons aboye mentioned shall furnish to the libra- 
rian. a list of those taken, and his name, and shall be responsible for 
them ; and it shall be the duty of the librarian to have a book in 
which he shall enter the delivery of the books so taken and their 
return ; and it shall be his duty to see that the books in the library 
are kept in order and in their place at the opening of each morning 
eefision. • 

BuLE 50. It shall be the duty of the superintendent of documents, 
and his assistant, to have the documents and bills promptly placed upon 
the files of the president and senators, in the order of their numbers, 
and it shall be the duty of the assistant sergeant-at-arms to see that the 
mails are punctually aelivered. 

Bulb 51. No rale of the senate shall be altered, suspended or 
rescinded without a vote of a majority of all the senators elected ; and 
no motion to suspend, alter or rescind any such rule, or any joint-rule 
of the two houses, shall be in order without the unanimous consent of 
the senate, unless one day's previous notice thereof shall be given; and 
no motion to suspend shall embrace more than one rule, or relate to 
any other subject than the one specified in said motion. 

KuLE 52. Whenever a claim is presented to the senate and referred 
to a committee, and the committee report that the claim ought not to 
be allowed, and the report be adopted by the senate, it shall not be in 
order to move to take the papers from the files for the purpose of refer- . 
ring them at a subsequent session, unless the claimants shall pi'esenta 
.memorial for that purpose, stating in what manner the committee have 
erred in Aeir report, or that new evidence has been discovered since 
the report, and setting forth the new evidence in the memorial. 

BuLE 53. In case a less number than a quorum of the senate shall 
convene, they are hereby authorized to send the sergeant-at-arms, or 
any other peiDSon, for any or all absent members, as the majority of 
such members shall a^ee. 

Mr. Woodin moved that said report be laid upon the table and 
printed. 

The President put the question whether the Senate would agree to 
said mtion, and it was decided'in the affirmative. 

Mr. Selkreg, from the committee on poor laws, to which was referred 
the bill entitled ^*An act to fix the compensation of the overseer of the 
poor of the town of Rhinebeck, Dutchess county," reported in favor of 
the passage of the same, and said bill was committed to the committee 
of the whole. 

Mr. Woodin, from the committee on the af&irs of cities, to which 
was referr<^ the bill entitled *'Ad act to amend an act entitled ^An 
act to amend and consolidate the several acts in relation to the charter 
of the city of Rochester,' passed April 8, 1861, and the various acts 
amendatory thereof," reported io favor of the passage of the same, with 
amendments, and said bill was committed to the committee of the whole. 

[SSNATB.JOUBNAU] 20 

Digitized by VjOOQ IC 



154 [Thursday, 

The Presented the Annual Report of the trustees of the New York 
State Library, which was laid upon the table and ordered printed. 

{See Doc. No. 36.) 

The Assembly sent for concurrence the bills entitled as follows : 

'^An act to amend ^'An act to amend and consolidate the several acts 
in relation to the charter of the city of Rochester,' passed April 8, 1861, 
ohaptex: 143, Laws of New York," which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on the affairs of cities. 

"An act to authorize the common council of the city of Brooklyn to 
establish and maintain public baths in said city," which was read the 
first time, and by unanimous consent was also read the second, time, and 
referred to the committee on the affairs of cities. 

"An act to alter the first and second judicial districts of the State as 
established by chapter 241 of the Laws of 1847, entitled 'An act to 
divide the State into judicial districts, so as to conform the same to the 
boundaries of the city of New York and of the county of Westchester, 
as n6w constituted by law,'" which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on the judiciary. 

"An act to amend chapter 803 of the Laws of 1868, entitled 'An act 
to amend the acts to provide for the incorporation of religions societies, 
so far as the same relate to churches in connection with the Protestant 
Episcopal Church,' " which was read the first time, and by unanimous 
consent was^ also read the second time, and referred to the committee on 
charitable and religious societies. 

"An act to amend chapter 83 of the Laws of 1869, entitled 'An act 

to provide for the improvement of Grass river and of the water power 

* thereoni and to check freshets therein,' passed March 31, 1869.' " which 

was read the first time, and by unanimous consent was also read the 

second time, and referred to the committee on commerce and navigation* 

"An act in relation to wills of personal estate," which was read the 
first time, and by unanimous consent was also read the second time, and 
referred to the committee on the judiciary. 

"An act to provide for an additional justice of the peace in the town 
of Onondaga, county of Onondaga," which was read the firsf time, and 
by unanimous consent was also read the second time, and referred to 
the committee on the judiciary. 

"An act to amend chapter 36 of the Laws of 1873, entitled *An act to 
provide for a supply of water in the city of Yonkers,' passed February 
28, 1873," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the afihirs 
of cities. 

"An act to re-establish the boundary line of the counties of Oneida 
and Madison between part of the towns of Vernon and Lenox, in said 
counties," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on erection and 
division of towns and counties. 

By unanimous consent, Mr. Cole asked and obtained leave to introduce 
a bill entitled "An act to enable a wife to be a witness against her hus- 
band or on behalf of another party in cases of criminal conversation," 
which was read the first time, and by unanimous consent was allb read 
the second time,, and referred to the committee on the judiciary. 



Digitized by 



Google 



FBB.3.J 155 

By ananimoas consent, Mr. Jacobs asked and obtained leave to intro- ' 
dace a till entitled "An act to release the interest of the people of the 
State of New York in certain real estate in the city of Brooklyn, to 
Charles Golden,'' which was read the first time, and by unanimous con- 
sent was also read the second time, and referred to the committee on 
the judiciary. 

Bj onanimous consent, Mr. Sohoonmaker asked and obtained leave to 
introduce a bill entitled "An act relative to personal property of fire 
compaDies," which was read the first time, and bv unanimous consent 
was also read the second time, and referred to the committee on the 
judiciary. • 

By onaDimoas consent, Mr. Schoonmaker asked and obtained leave to 
introduce a bill entitled •'An act to provide for uniformity of text-books 
in common schools," which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee on 
literature. 

By unanimous consent, Mr. Prince asked and obtained leave to intro- 
duce a hill entitled "An act to prevent fraud by commissioners appointed 
bj any court or by the Legislature of this State, and to provide for the 
accounting of commissioners, and to punish commissioners, engineers 
and surveyors for fraud," which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the com- 
mittee on the judiciary. 

By aoanimous consent, Mr. Gerard asked and obtained leave to injbro- 
dnce a bill entitled "An act to secure more reliable and complete infor- 
mation concerning the financial and social condition of the several cities 
and villages of this State," which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the com- 
mittee on the afiPairs of cities. 

Bj unanimous consent, Mr. St. John asked and obtained leave to intro- 
dace a bill entitled "An act to enlarge the power of the Canal Board," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. St. John asked and obtained leave to intro- 
duce a bill entitled "An act to further amend chapter 541 of the Laws 
of 1865^ entitled *An act to incorporate the city of Newburgh ; ' also 
to amend chapter 551 of the Laws of 1872 ; also to amend chapter 326 
of the Laws of ISYS, entitled 'An act to amend an act entitled An act 
to incorporate the city of Newburgh,' " which was read the first time, 
&nd by unanimous consent was also read the second time, and referred 
to the committee on the affairs of cities. 

Mr, Tobey moved that the committee on insurance be discharged from 
the further consideration of the bill entitled "An -act authorizing the 
taxation of stockholders of life, fire and marine insurance companies," 
and that the same be referred to the committee on finance. 

The President put the question whether the Senate would agree to 
laid motion, and it was decided in the affirmative. 
Mr. McCarthy offered the following ; 

WhereaSy An emergency has arisen rendering it necessaiy for the com- 
mittee OD privileges and elections of the Senate, in the matter of James 
Cavana^h, contesting the seat of Hon. John C. Jacobs, to employ a ste- 
nographer ; therefore, 

StBolvedt That Matthew W. Tanner be, and he hereby is authorized 
and employed to repoit the testimony and proceedings before said corn- 
Digitized by VjOOQ IC 



Moore 


Schoonmaker 


Morrissey 


Selkreg 


Prince 


Starbuok 


Robertflon, 


Tobey 


St. John 


Vedder 


Sayre 


Woodin 



156 [Thuiisday, 

mittee in said matter, and all other matters that may come before said 
committee rendering it necessary to employ the services of a stenogra- 
pher, and that his services shall be audited and paid by the Comptroller. 
The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative, as follows : 

FOB THB AFFIBMATIYB. 

Baaden Hammond 

Bixby Harris 

Bradley Kennaday 

Coleman Lament 

Doolittle ' Loomis 

Emerson McCarthy Sayre ' Woodin 24 

Mr. Sayre offered the following : 

jResolved (if the Assembly concur), That 3,000 copies of the Annual 
Report of the Board of Managers of the New York State Lunatic Asylum, 
at Utica, be printed ; 2,000 copies for the use of the Managers and 1,000 
for the Legislature. 

Ordered^ That said resolution be referred to the committee on public 
printing. 

Mr. Harris offered the following : 

lieaolved (if the Assembly concur)/ That article nine of the Constitu- 
tion be amended by the Edition of the following sections : 

" § 2. There shall be raised by tax, in each year, upon the real and 
personal estate of each county within the State, one mill and one-fourth 
of a mill upon each and every dollar of the equalized valuation of such 
estate for the support of common schools in the State ; and the Legisla- 
ture shall provide for the apportionment and distribution of such tax. 

^^ § 3. Tne common schools of the State shall be free to all persons 
over five and under twenty-one years of age residing in the State. 

*^ § 4. Neither the money nor the credit of the State, nor of atay mu- 
nicipal corporation, town or county shall be' applied to the support of 
sectarian schools." 

Orderedy That said resolution be laid upon the table. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 

^^An act to amend chapter 140 of the Laws of 1850, entitled *An aot to 
authorize the formation of railroad companies, and to regulate the same.' ^ 

*^An act in relation to certain employees of the mayor, aldermen and 
commonalty of the city of New York." 

^^An act to amend .chapter 180 of the Laws of 1845, entitled ^An act 
to reduce the number of town officers and town and county expenses, 
and to prevent abuses in auditing town and county accounts.' " 

Afler some time spent therein, the President resumed the chair, and 
Mr. Lament, from said committee, reported \n favor of the passage of 
the first and second named bills, which report was agreed to, and said 
bills ordered engrossed for a third reading. 

Mr. Lament, &om the same committee, reported in favor of the passage 
of the last named bill, with amendments, which report was agreed to, and 
the same ordered engrossed for a third reading. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

Digitized by VjOOQ IC 



Feb. 3.] 167 

"An act to amend seotion 4 of chapter 254 of the Laws of 1847, enti- 
tled *Ad act concerning the laws, journals and documents of the Legis- 
lature.' " 
'^An act relating to fines imposed in criminal cases." 
"An act to amend section 5 of chapter 525 of the Laws of 1874, enti- 
♦ Ued *Ad act to provide for the incorporation of the New York State 
Grange of the Patrons of Husbandry, and councils and granges subordi- 
nate thereto.' ** 

After some time spent therein the President resumed the chair, and 
Mr. Doolittle, from said committee, reported progress on the first named 
bill, and asked and obtained leave to sit again. 

Mr. Woodin moved that said bill be recommitted to the committee on 
pnblic printing, retaining its place on seneral orders. 

The Resident put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Doolittle, from the same committee, reported in favor of the pas- 
BAge of the second named bill, which report was agreed to, and the same 
ordered engrossed for a third reading. 

Mr. Doolittle, from the same committee, reported in favor of the pas- 
sage of the last named bill, with amendments, which report was agreed 
to, and said bill ordered engrossed for a third reading. 
The Assembly sent for concurrence a resolution in the words following: 
Whereas^ Bv a concurrent resolution of the Senate and Assembly, 
March 31, 1875, the Governor was authorized, by and with the advice and 
consent of the Senate, to appoint a commission, whose daty it should be 
to investigate the affairs of the canals ; and whereas, such commission 
was snbseqaently duly appointed and confirmed ; and whereas such a 
commission, amohgt>ther things, was instructed to report the testimony 
tbey should take, together with such recommendations in respect to the 
same as they should deem warranted by the facts, to the Governor and to 
the Legislature at the o/>6ni7?^ of its next session ; and whereas such com- 
mission has, in pursuance of the power vested in them by such concurrent 
resolution, and subsequent legislation confirmatory thereof, caused such 
investigation to be made, and, as it appears in the newspaper8,have, in pur- 
Boance of the duty imposed upon them, from time to time, made reports 
of testimony taken, and the conclusions therefrom and recommendations 
thereon to the Governor ; and whereas, the Legislature has been opened 
and in session for fout weeks, and no comp1ianc.e has been had, as ordered 
by said ooncurrent resolution, in the matter of the report to be made to 
tbe Legislature at its opening ; and whereas, the said commission have 
persoDally examined the work upon the Erie and Cbamplaih canals, done 
under contracts alleged and supposed to have been of a fraudulent char- 
acter; and whereas, any recommendations and suggestions from said 
commission which will be for the interest of the State should be adopted 
by the Legislature at its present session; and whereas, further delay 
wli! render it difficult, if not impossible, for the Le^slature to examine 
such report during its present session, so that such measures may be 
taken as will remedy existing evils and provide for the future economi- 
cal and honest administration of the affairs of the canals ; therefore. 

Resolved (if the Senate concur). That the commission appointed under 
and in pursuance of a concurrent resolution of the Senate and Assembly^ 
passed tf arch 31, 1875, whose duty it was to investigate the affairs of 
the canals of the State, be directed to report to the Legislature, within 
ten days^ all the testimony they have taken, together with such reoom- 



Digitized by 



Google 



158 [Fkiday, 

mendations in respect to the same as they have or shall deem warranted 
by the facts, under and by virtue of the powers and requirements of the 
concurrent resolution above named. 

Ordered^ That said resolution be laid upon the table. 

Mr. Jacobs moved that said resolution be printed. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative* 

Mr. Harris offered the following : 

Hesolvedj That 1,000 copies of the Annual Report of the Trustees of 
the State Library be printed, of which 600 shall be bound for the use of 
the library. 

Ordered^ That said resolution be referred to the committee on public 
printing. • . 

On motion of Mr. Woodin, the Senate atdjourned. 



FRIDAY, FEBRUARY 4, 1876. ^ 

The Senate met pursuant to adjournment. 

Prayer by Rev. Dr. Clark. 

The journal of yesterday was read and approved. 

Mr. Emerson presented a petition of the board of supervisors of Mon- 
roe county for the repeal of the law exempting clergymen, church 
property and private schools from taxation ; which was read and referred 
to the committee on finance. 

Mr. Starbuck presented a remonstrance against declaring Swiss creek 
in Croghan, Lewis county, a public highway ; which was read and 
referred to the committee on roads and bridges. 

Mr. Wellman, from the committee on State prisons, to which was 
referred the bill entitled ^'An act to amend chapter 209 of the Laws of 
1*874, entitled *An act to amend an act passed April 18, 1859, entitled 
An act to extend the provisions of an act authorizing the imprisonment 
of persons convicted of certain crimes in the counties of Montgomery 
and Oneida in the Albany county penitentiary,' passed April 12, 1868, 
to all the counties in this State," reported in favor of the passage of the 
same, with amendments, and said bill was committed to the committee 
of the whole. 

Mr. Rogers, from the committee on commerce and navigation, to 
which was referred the bill entitled '^An act to amend chapter 133 of 
the Laws of 1855, entitled ^Au act to incorporate the Niagara Falls 
Suspension Bridge Company,' passed March 31, 1855," reported in 
iavor of the passage of the same, and said bill was committed to the 
committee of the whole. 

Mr. Rogers, from the committee on commerce and navigation, to which 
was referred the bill entitled ''An act to amend chapter 236 of the Laws 
of 1876, entitled 'An act to prohibit the throwing of cinders^ ashes, 
refuse and garbage into the waters of Long Island Sound, and into the 
bays and harbora opening into the same,' " reported in favor of the pas- 
sage of xhe same, with amendments and said bill was committed to the 
committee of the whole. 



Digitized by 



Google 



Feb. 4.] 159 

Mr. Rogers, from the committee on commerce and navigation, to whicli 
was referred the Assembly bill entitled "An act to amend chapter 83, 
Lawa of 1869, entitled *An act to provide tor the imnroveraent of Grass 
river and of the water power thereon, and to check freshets therein,* 
passed March 31, 1869," reported in favor of the passage of the same^ 
and said bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled "An act to confirm a certain deed 
made by the Border Mission Sabbath School of the city of Brooklyn to 
the trustees of the Lafayette aveane Presbyterian Church in the city of 
Brooklyn," reported in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act further to amend chapter 446 of the 
It^v^B of 18 i 4, entitled 'An act to revise and consolidate the statutes 
of the State relating to the care and custody of the insane, the man- 
agement of the asylums for their treatment and safe-keeping, and the 
duties of the State Commissioner in Lunacy,' " reported in favor of 
tlie passage of the same, with amendments, and said bill was committed 
to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
refe'rred the Assembly bill entitled "An. act to alter the first and second 
judicial districts of the State as established by chapter 241 of the Laws 
of 1847, entitled *An act to divide the State into judicial districts,' so as 
to conform the same to the boundaries of the city of New York and of 
the county of Westchester as now constituted by law," reported in favor 
of the passage of the same, and said bill was committed to the committee 
of the whole. 

Mr. Woodin, frohi the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows : 

^An act in relation to certain employees of the mayor, aldermen and 
commonalty of the city of New York." 

**An act to amend chapter 140 of the Laws of 1850, entitled *An act 
to authorize the formation of railroad companies, and to regulate the 
same.' ** 

''An act relating to fines imposed in criminal cases." 
'*An act to amend chapter 180 of the Laws of 1845, entitled *An act 
to reduce the number of town officers, and town and county expenses, 
and to prevent abuses in auditing town and county accounts.' " 

''An act to amend section 5 of chapter 525 of the Laws of 1874, enti- 
tled 'An act to provide for the incorporation of the New York State 
Grange of the Matrons of Husbandry, and qouncils and granges subor- 
dinate thereto.'" 

. "An act to amend cha[)ter 520 of the Laws of 1870, entitled *An act 
to establish and maintain a police force in the city of Troy,' and to 
increase the powers and duties of the police commissioners of said city." 
By ananimous consent, Mr. Kennaday asked and obtained leave to 
introduce a bill entitled "An act to amend the Code of Procedure of the 
State of New York," which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee 
on the jndiciary. 

By ananimous consent, Mr. Rogers asked and obtained leave to intro- 
dnce a bill entitled ''An act to secure justice and fair-dealing between 
the local government of tne city of New York, its officers and agents 



Digitized by 



Google 



160 [Fkiday, 

and those who may ftimish services, labor or material for the same," 
which was read the first time, and by unanimous consent was also read 
the second time, and refeiTed to the committee on the affairs of cities. 

Mr. Rogers moved that said bill be printed pending its consideration 
by the committee on the affairs of cities. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative: 

The Assembly returned the concurrent resolution propofif ng an amend- 
ment to section three of article five of the Constitution, with a message 
that they had concurred in the same. 

Ordered^ That the Clerk deliver said resolution to the Seretary of State. 

The bill entitled "An act relating to fines imposed in criminal oases," 
was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it'was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, and 
three-fiflhs being present, as follows : 

FOR THE AFFlBMATIVB. 

Baaden Harris McCarthy Savre 

Bixby Jacobs Moore Scnoonmaker 

Booth Kennaday Morrissey Selkreg 

Bradley Lament Robertson Tpbey 

Coleman Loorais ' « Rogers Wellman 
Gerard. 21 

FOB THB NBGATIVB. 

Starbuck 1 

Ordered^ That the Clerk deliver said bilLto the Assembly, and request 
their concurrence therein. • 

The bill entitled "An act to amend section 5 of chapter 525 of the 
Laws of 1874, entitled *An act to provide for the incorporation of the 
New York State Grange of the Patrons of Husbandry, and councils and 
granges subordinate thereto,' " was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, as fol- 
lows: 

AFFIBMATIV9. 

McCarthy St. John 

Moore Savre 

Morrissey Selkreg 

Prince Starbuck 
Robertson 19 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled "An act to amend chapter 520 of the Laws of 1870, 
entitled 'An act to establish and maintain a police force in the city of 
Troy,' and to increase the powers and duties of the police commissioners 
of said city," was read a third time. 

The President put the question whether the Senate would a^ree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 





FOB THB 


Baaden 


Gerard 


Booth 


Jacobs 


Bradley 


Kennaday 


Cole 


Lament 


Emerson 


Loomis 



Digitized by 



Google 



Fib. 4.] 



161 



FOB THX ATVIBMATiyS. 



Bixby 

Booth 

Bradley 

Cole 

Coleman 

Emerson 



Harris 

Jaoobs 

Kennaday 

Loomis 

McCarthy 

Moore 



Morrissey 

Prince 

Robertson 

Rogers 

St John 

Sayre 



Schoonmaker 

Selkreg 

Starbuckp^' 

Tobey 

Wellman 



Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled "An act in relation to certain* employees of the 
mayor, aldermen and commonalty of the city of New York," was read 
a third time. 

The President pot the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fiflhs being present, as follows : 

FOB THS AFFIBMATIVB. 

Bixby Jacobs Prince Selkreg 

Booth Kennaday Robertson Starbuck 

Cole Loomis Rogers Tobey , • 

Coleman McCarthy St. John Wellman 

Gerard Moore Savre Woodin 

Harris Morrissey . Schoonmaker 23 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled '^An act to amend chanter 180 of the Laws of 1845, 
entitled *An act to. reduce the number of town officers, and town and 
county expenses, and to prevent abuses in auditing town and county 
accounts,'^' was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : • 

FOB THB AFFIBMATIVB. 

Baaden Gerard McCarthy 

Bixby Harris Moore 

Bradley Jacobs Morrissey 

Cole Kennaday Robertson 

Coleman Lament Rogers 

Emerson Loomis St. John 



Sayre 

Schoonmaker 
Selkrec: 
Starbuck ' 
Wellman 

Woodin 24 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

By unanimous consent, Mr. Wellman, from the committee on State 
prisons, to which was referred the bill entitled ^*An act for the appoint- 
ment of a commission to investigate the affairs of the State prisons of the 
State, and to prescribe the manner of such investigatio'n," reported in 
favor of the passage of the same, with amendments, and said bill was 
committed to the committee of the whole. 
Mr. McCarthy offered the following : 

Resolved^ That the committee on privileges and elections have power 
to send for persons and papers, and have compulsory power, if necesary 

[Sbkatb Joubnal.] 21 

Digitized by VjOOQ IC 



162 [FBIDiT, 

to secare the attendance of witnesses in any contested election case before 
them. 

The President put the question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 

Mr. Selkreg moved to take from the table the resolution in the words 
following : 

Resolved^ That the Clerk of the Senate be and he is hereby authorized 
and directed to substitute the files and binders of the Acme Letter File 
Manufacturing Company for those now in use in the Senate ; that he 
also be directed to inquire into the merits of the parchment paper manu- 
factured hj the said company, and in case he deems it preferable to the 
varieties hitherto in use, to make purchase of it for uses in the Senate. 

The President put the ouestion whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Mr. Woodin moved that said resolution be referred to the committee 
on public printing, with instructions to inquire into the cost and practi- 
cability of the proposed letter file. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 

''An act to amend chapter 644 of the Laws of 1873, in relation to the 
crime of murder." 

''An act to repeal chapter 869 of the Laws of 1867, entitled 'An act 
to provide for the erection of a town hall in the town of Watervliet, in 
the county of Albany,' and in relation to the town clerk of said town." 

"An act to confirm the official acts of Walter H. Allen, a superintend- 
ent of the poor of the county of Seneca, and to enable him to take and 
.file his oath of office." 

After some time spent therein, the President resumed the chair, and 
Mr. Wellman, from said committee, reported in favor of the passage of 
said bills, which report was agreed to and said bills ordered engrossed 
for a third reading. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the Assembly 
bills entitled as follows : 

"An act to amend section 44, article 4, title 6, chapter 5, part 1. of the 
Revised Statutes." 

"An act to authorize police justices and justices of the peace to take 
recognizance during trial or examination." 

"An act to amend chapter 80 of the Laws of 1870, entitled 'An act to 
provide for the enrollment of the militia, for the organization of the 
National Guard of the State of New York, and for the public defense,' 
and entitled the ' Military Code.' " 

After some time spent therein, the President resumed the chair, and 
Mr. Emerson, from said committee, reported in favor of the passage of 
the said named bills, which report was agreed to, and the same ordered 
to a third reading. 

Mr. Starbuck moved that the first named bill be recommitted to the 
committee on the judiciary. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 



Digitized by 



Google 



Fm 4.] 169 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled ss follows : 

'^Ad act further to amend chapter 681 of the Laws of 1873, entitled 
'Ad sot to establish communication between Richmond county and New 
Jeraey, incorporating the Tubular Transit Company of Staten Island.' " 
Assembly *'An act to confirm a certain deed maae by the trustees of 
the Lafayette avenue Presbyterian Ghurch in the city of Brooklyn, to 
the trustees of the Fort Green Presbyterian Church in said city." ' 

^*An act to amend an act entitled 'An act to amend and consolidate 
the several acts in relation to the charter of the city of . Rochester,' 
passed April 8, 1861, and the various acts amendatory thereof." 

After some time spent therein, the President resumed the chair, and 
Mr. Baaden, from said committee, reported in favor of the passage of the 
first named bill, which report was agreed to, and the same ordered 
eagrossed for a third reading. 

Mr. Baaden, from the same committee, reported in favor ot the pas- 
sage of the second named bill, which report was agreed to and the same 
ordered to a third reading. 

Hr. Baaden, from the same committee, reported in favor of the pas- 
sage of the last named bill, with amendments, and the title amendea so 
as to read *'Ao act to amend chapter 148 of the Laws of 1861, entitled 
'An act to amend and consolidate the several acts in relation to the 
charter of the city of Rochester,' and the various acts amendatory 
thereof," and said bill was ordered engrossed for a third reading. 
Mr. Horrissey offered the following : 

Resolvedy That when the Senate adjourn to-day it adjourns to meet 
next Monday evening at half-past seven o'clock. 

The President put the question whether the Senate would agree to 
s;aid resolution, and it was decided in the affirmative. 

Mr. St. John moved that the bill entitled ^'An act to enlarge the powers 
of the Canal Board," be printed pending its consideration by the com- 
mittee on the judiciary. 

The President put the question whether the Senate would agree to 
caid motion, and it was decided in the affirmative. 

On motion of Mr. Rogers, the Senate then went into executive session ; 
aod, after some time spent therein, the doors were opened and legislative 
business resumed. 

Mr. Bradley moved that the bill entitled *'An act to amend an act 
entitled *An act to facilitate the reorganization of railroads sold under 
mortgage, and providing for the formation of new companies in such 
cases,' passed May 11, 1874," be printed pending its consideration by the 
committee on the judiciary. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 
On motion of Blr. Booth, the Senate adjourned. 



Digitized by 



Google 



104 [Monday, Feb! 1.] 



MONDAY, FEBRUARY 7, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of Friday, February 4, was read and approved. 

Mr. Booth presented resolutions of the Chamber of Commerce of the 
State of New York relative to savings banks ; which were read and 
referred to the committee on banks. 

Mr. Bradley presented a remonstrance of citizens of Chemung county 
against the abandonment of that portion of the Chemung canal and 
feeder between Corning, Horseheads and Watkins ; which was read and 
referred to the committee on canals. 

Mr. Sayre presented a remonstrance of members of the bar of the city 
of Utica against the dismemberment of the fifth judicial district; which 
was read and referred to the committee on the judiciary. 

The Assembly returned the concurrent resolution relative to printing 
800 extra copies of the Auditor's Financial Report, with a message that 
they had non-concurred in the amendment of the Senate thereto. 

Mr. Doolittle moved that the Senate recede from its amendment 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

Ordered^ That the Clerk return said resolution to the Assembly with a 
message informing that the Senate have receded from their amendment 
.thereto. 

By unanimous consent, Mr. Hammond asked and obtained leave to 
introduce a bill entitled "An act to prescribe the cubic contents of a 
perch of stone or masonry^, and the manner of measuring and estimating 
such cubic contents," which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee on 
finance. 

By unanimous consent, Mr. Cole (by request) asked and obtained leave 
to' introduce a bill entitled ''An act to authorize plank-road and turn- 
pike companies, formed under and by virtue of 'An act to provide for 
the incorporation of companies to construct plank-roads, and of compa- 
nies to construct turnpikes,' passed May 7, 1847, to extend their charter 
or corporate existence," which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee on 
the judiciary. 

Mr. Selkreg offered the following : 

Resolved^ That the Secretary of State be respectfully requested to fur- 
nish the Senate with a copy of the proposals issued on the 3d of January 
last for the legislative prmting ; also a detailed copy of the bids there- 
under, and a full copy of the contract entered into, or proposed to be 
entered into, for such printing under such bids. 

The President put the question whether the Senate would agree-to said 
resolution, and it was decided in the affirmative. 

Mr. Cole offered the following : 



Digitized by 



Google 



[TuWDAT, Fkb. 8.] 105 

Sesdvedy That George Martinus be and he hereby is appointed snper- 
inteDdeot of mail and express matter for the present session, and that he 
receive the same per diem and mileage compensation now by law author- 
ized and paid to the assistant postmaster of the Senate for the session of 
of 1876, and that the said compensation be paid in the same manner that 
other oflScers of the Senate are paid. 
Mr. Cole moved that said resolution be laid upon the table. 
The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

''An act to confirm a deed from the Central Baptist Church, Poagh- 
keepsie, to the Baptist Church of Christ of Poughkeepsie." 

''An act to amend chapter 133 of the Laws of 1865, entitled 'An act 
to incorporate the Niagara Falls Suspension Bridge Company,' passed 
March 31, 1866." 

"An act to fix the compensation of the overseer of the poor of the 
town of Rhinebeck, in Dutchess county." 

Ailer some time spent therein, the President resumed the chair, and 
Mr. Coleman, from said committee, reported in favor of the passage of 
said bills, which report was agreed to, and the same ordered engrossed 
for a third reading. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the Assembly 
bill entitled as follows : 

"An act to alter the first and second judicial districts of the State as 
wiablished by chapter 241 of the Laws of 1847, entitled 'An act to 
divide the State into judicial districts so as to conform the same to ihe 
bonndaries of the city of New York and of the county of Westchester 
aa now constituted by law.' " 

After some time spent therein, the President resumed the chair, and 
Mr. Schootimaker, from said committee, reported progress on said named 
bill, and asked and obtained leave to sit asain. 
The Assembly sent for concurrence the bill entitled as follows : 
"An act to establish a recorder's court in the city of Syracuse," which 
was read the first time, and by unanimous consent was also read the 
>6cond time, and referred to the committee on the affairs of cities. 
On motion of Mr. Booth, the Senate adjourned. 



TUESDAY, FEBRUARY 8, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The joumal of yesterday was read and approved. 

Mr. Prince presented a petition for securing to the women of the State 
the right to vote for Presidential electors ; which was read and referred 
to the committee on the judiciary. 



Digitized by 



Google 



166 * [TUBSDAT, 

Mr. HammoDd presented a petition of D. E. Moore and others, citiaens 
of Ontario county, for a modification of the fish and game laws ; which 
was read and referred to the committee on internal affairs. 

Mr. Emerson presented two petitions of tax-payers of the city of 
Rochester, to abolish the Board of Pnblic Works of said city ; which 
were read and referred to the committee on the affaire of cities. 

Mr. Robertson presented petitions of Emily Rowland and others, for 
securing to women of the State the right to vote for Presidential elect- 
ors; which were read and referred to the committee on the juqliciary. 

Mr. Robertson,, from the committee on the judiciary, to which was 
referred the bill entitled *^An act in relation to petit juries and verdicts," 
reported adversely thereto, which report was agreed to, and said bill 
rejected. 

Mr. Loomis, from the committee on public printing, to which was re- 
committed the bill entitled ^* An act to amend section 4 of chapter 254 
of the Laws of 1847, entitled 'An act concerning the laws, journals and 
documents of the legislature,' " reported in favor of the passage of the 
same, with amendments, and said bill was committed to the committee 
of the whole. 

By unanimous consent, Mr. Selkreg asked and obtained leave to intro- 
duce a bill entitled *'An act allowing the Utica, Ithaca and Elmira Rail- 
road to extend its tracks, and for other purposes," which was read the 
first time, and by unanimous consent was also read the second time, and 
referred to the committee on railroads. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows : 

"An act to amend chapter 644 of the Laws of 1873, in relation to the 
crime of murder." 

"An act to confirm the official acts of Walter BL Allen, a superintend- 
ent of the Poor of the county of Seneca, and to enable him. to take and 
file his oath of office." 

"An act to repeal chapter 869 of the Laws of 1867, entitled 'An act 
to provide for the erection of a town hall in the town ot Watervliet, in 
the county of Albany,' and in relation to the town clerk of said town." 

"An act further to amend chapter 681 of the Laws of 1873, entitled 
'An act to establish communication between Richmond county and New 
Jersey, incorporating the Tubular Transit Company of Staten Island.' " 

"An act to amend an act entitled 'An act to amend and consolidate 
the several acts in relation to the charter of the citv of Rochester,' 
passed April 8, 1861, and the various acts amendatory thereof" 

"An act to fix the compensation of the Overseer of the Poor of the 
town of Rhinebeck, in Dutchess county." 

"An act to amend chapter 183 of the Laws of 1855, entitled 'An act 
to incorporate the Niagara Falls Suspension Bridge Company," passed 
March 81, 1855." 

"An act to confirm a deed from the Central Baptist Church, Pough- 
keepsie, to the Baptist Church of Christ of Poughkeepsie." 
. The bill entitlea "An act to amend chapter 644 of the Laws of 1873, 
in relation to the crime of murder," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 



Digitized by 



Google 



FbblS.] 



167 



FOB THB AFFIBMATITIB. 



Biaden 

Biibv 

Booth 

Bradley 

Carpenter 

Cole 

Coleman 



Doolittle 


Moore 


Emerson 


Morrissey 


Gerard 


Pi:inoe 


Hammond 


Robertson 


Harris 


Rogers 
St. John 


Loomis 


McCarthy 





Sayre 

Schoonmaker 

Selkreg 

Starbuck 

Wagner 

Woodin 



36 



Ordered^ That the Clerk deliver said bill to the Assembly, and request 
tbeir concarrence therein. 

The bill entitled ** An act to confirm the official acts of Walter H. Allen, 
a snperintendent of the poor of the county of Seneca, and to enable him 
to uke and file his oath of office," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
toajority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present as follows : 



FOR THB AFFIBMATTVB. 



Baaden 


Emerson 


Morrissey 


Bizby 


Gerard 


Prince 


Booth 


Hammond 


Robertson 


Carpenter 


Harris 


Rogers 
St. John 


Cole 


Loomis 


Coleman 


McCarthy 


Sayre 


Doolittle 


Moore 





Schoonmaker 

Selkreg 

Starbuck 

Tobey 

Wagner 

Woodin 



20 



On motion of Mr. Woodin, and by unanimous consent, the rules were 
sospended, and the Clerk was ordered to deliver said bill to the Assem- 
bly, immediately, and request their concurrence therein. 

The bill entitled "An act to repeal chapter 869 of the Laws of 1567, 
entitled *An act to provide for the erection of a town hall in the town 
of Watervliet, in the county of Albany,' and in relation to the town 
clerk of said town," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill,, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 



FOB THB AFFIBMATIVB. 



Baaden 


Coleman 


Moore 


Schoonmaker 


Bixby 


Doolittle 


Morrissey 


Selkreg 


Booth 


Emerson 


Prince 


Starbuck 


Bradley 


Grerard 


Robertson 


Tobey 


Carpenter 


Loomis 


St. John 


Wagner 


Cole 


McCarthy 


Sayre 


Woodin 24 



Ordered^ That the Clerk deliver said bill to the Assembly, and 
request their concurrence therein. 

The bill entitled "An act further to amend chapter 681 of the Laws 
of 1878, entitled 'An act to establish communication between Richmond 
county and New Jersey, incorporatipg the Tubular Transit Company of • 
States Island,' ^ was read a third time. 

Digitized by VjOOQ IC 



108 



[TUBBDJIT, 



The President put the qnestion whether the Senate woald agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, as fol- 
lows : 

POB THB-APFIRMATIVB. 

Baaden Doolittle Moore Sayre 

Booth Emerson Morrissey Schoonmaker 

Bradley Gerard Prince Selkreg 

Carpenter Harris Robertson Starbnck 

Cole Loomis Rogers Woodin 

Coleman McCarthy St. John 2a 

Ordered, That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled ^* An act to confirm a deed from the Central Baptist 
Church, Pou^hkeepsie, to the Baptist Church of Christ of Poughkeepsie," 
was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, as follows 



Baaden 

Bixby 

Booth 

Bradley 

Carpenter 

Cole 

Coleman 



FOB THB AFFIBMATIYB. 

Doolittle Moore Schoonmaker 

Emerson Morrissey Selkreg 

Gerard Prince Starbuck 

Harris Robertson Tobey 

Loomis Rogers Wagner 

McCarthy Sayre Woodin 



25 



Ordered, That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled ^'An act to amend chapter, 133 of the Laws of 1855, 
entitled ^An act to incorporate the Niagara Falls Suspension Bridge 
Company,' passed March 31, 1855," was read 'a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirinative, a majority 
of all the members elected to the Senate voting in favor thereof^ as 
follows : 

FOB THB AFFIBMATTVB. 



Baaden 


Doolittle 


Bixby 
Booth 


Emerson • 


Gerard 


Bradley 


Loomis 


Carpenter 


McCarthy 


Coleman 


Moore 



Morrissey 

Prince 

Robertson 

Rogers 

St. John 

Sayre 



Schoonmaker 

Selkreg 

Starbuck 

Tobey 

Wagner 

Woodin 24 



Ordered, That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled ^'An act to amend chapter 140 of the Laws of 1850, 
entitled ^An act to authorize the formation of railroad companies, and 
to regulate the same/" having been announced for a third reading. 

On motion of Mr. Bradley, and by unanimous consent, said bill was 
amended as follows : 



Digitized by 



Google 



Feb.8] 



169 



At tlio end of section 1, add as follows : 

'*Xi»thin;; herein shall be construed to anthorize the ohanace of either 
tcnuinuH to any other county than one adjoining that in which it was 
pivvioagly located, nor the redaction of the amonnt of capital -stock per 
mile below that now required by law." 

Said bill was then read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the aflSrmative, a majority of 
of ali the members elected to the Senate votinjgr in favor thereof, as follows : 



FOR THS AFFIRMATIVE. 



Baaden 


Emerson 


Moore 


Booth 


Gerard 


Morrissey 


Bradley 


Hammond 


Prince 


Carpenter 


Loomis 


Robertson 


Coleman 


McCarthy 


Rogers 


Doolittle 








FOR THB NEQAIIVK. 


Schoonmaker 







Sayre 

Selkreg 

Starbuck 

Tobey 

Wagner 



21 



1 



Ordered^ That the Clerk deliver said bill to the Assembly, and 
request their concurrence therein. 

The bill entitled ''An act to fix the compensation of the overseer of 
the poor of the town of Rhinebeck, in Dutchess county," was' read a 
third time. 

The President put the (juestion whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
oiajority of all the members elected to the Senate voting in favor 
thereof, and three-fifths being present, as follows : 

FOB THB AFFIBMATIVB. 



Baaden 

Bixby 

Booth 

Bradley 

Carpenter 

Cole 


Coleman 

Doolittle 

Gerard 

Harris 

McCarthy 

Moore 




Morrissey 

Robertson 

Rogers 

St. John 

Sayre 

Schoonmaker 


Selkreg 

Starbuck 

Tobey 

Wagner 

Woodin 


Loomis 


FOB 


. TUB 


NEGATTVB. 




Ordered, 


That the Clerk 


deliver said bill to 


the Assembly, 



23 



and 



request their concurrence therein. 

The Assembly bill entitled ^'An act to confirm a certain deed made by 
the Trustees of the Lafayette Avenue Presbyterian Church in the city 
ot Brooklyn, to the Trustees of the Fort Green Presbyterian Church in 
said ci^y," was read a third time. 

The President ^ut the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the afiGlrmative, a majority 
ot all the members elected to the Senate voting in favor thereof, as 
fo\\ow% : 



Baaden 


Gerard 


Bixby 


Hammond 


Bradley 


Harris 


Carpenter 


Loomis 



[Sbnatb Joubnal.] 



FOB THB AFFIBMATTVB. 

Morrissey 
Robertson 
Rogers 
Sayre 

22 



Selkreg 
Starbuck 
Tobey 
Wagner 

Digitized by 



Google 



no [TUBSDAT, 

Coleman McCarthy Schoonmaker Woodin 

Doolittle Moore 22 

Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concarred in the passage of the same. 

The Assembly bill entitled '*Anact toauthorizepolice justices and jus- 
tices of the peace to take recognizances during trial or examination," 
was read a third time. 

The President put the question wliethei- the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a major- 
ity of all the members elected to the Senate voting in favor thereof, and 
three-fifths being present, as follows : 

FOB THB AFFIBMATIYB. 



Baaden 


Emerson 


Moore 


Say re 


Bixby 
Bradley 


Gerard 


Morrissey 


Schoonmaker 


Hammond 


Prince 


Selkreg 


Carpenter 


Harris 


Robertson 


Staibuck 


Coleman 


Loomis 


Rogers 


Wagner 


Doolittle 


McCarthy 


St. John 


Woodin 24 



Ordered, That the Clerk return said bill to the Assembly, with a mes- 
sage intormitag that the Senate have concurred in the passage of the same. 

Mr. Woodin called from the table the Assembly concurrent resolution, 
in the words following : ^ 

Wherecis, By a concurrent resolution of the Senate and Assembly, 
March 31, 1876, the Governor was authorized, by and with the advice and 
consent of the Senate, to appoint a commission, whose duty it should be 
to investigate the affairs of the canals ; and whereas, such commission 
was subsequently duly appbinted and confirmed ; and whereas such a 
commission, among other things, was instructed to report the testimony 
they should take, together with such recommendations in respect to the 
same as they should deem warranted by the facts, to the Governor and to 
the Legislature at the opening of its next session ; and whereas such com- 
mission has, in pursuance of the power vested in them by such concurrent 
resolution, and subsequent legislation confirmatory thereof, caused such 
investigation to be made, and, as it appears in the newspapers, have, in pur- 
suance of the duty imposed upon them, from time to time, made reports 
of testimony taken, and the conclusions therefrom and recommendations 
thereon to the Governor ; and whereas, the Legislature has been opened 
and in session for four weeks, and no compliance has been had, as ordered 
by said concurrent resolution, in the matter of the report to be made to 
the Legislature at its opening; and whereas, the said commission have 
personally examined the work upon the Erie and Champlaiu canals, done 
under contracts alleged and supposed to have been of a fraudulent char- 
acter; and whereas, sny recommendations and suggestions from said 
commission which will be for the interest of the State should be adopted 
by the Legislature at its present session ; and whereas, further delay 
wlil render it difficult, if not impossible, for the Legislature to examine 
such report during its present session, so that such measures may be 
taken as will remedy existing evils and provide for the future economi- 
cal and honest administration of the affairs of the canals ; therefore. 

Resolved (if the Senate concur). That the commission appointed under 
and m pursuance of a concurrent resolution of the Senate and Assembly, 
passed March 31, 1875, whose duty it was to investigate the affairs of 
the canals of the State, be directed to report to. the Legislature, ^within 

Digitized by* 



Fkb 8. J 171 

ten days, all the testimony they have taken, together withj^pnch recom- 
mendations in respect to the same as they have or shall deem wanrranted 
by the facts, under and by virtue of the powers and requirements of the 
coDOurrent resolution above named. 

Mr. Starbuck moved to amend the resolution by striking out the words 
"within ten days," and insert the words "at their earliest convenience," 
in lieu thereof. 

Pending wliich and after debate, 

Mr. Rogers moved that the resolution and amendment be laid upon 
the table antil to-morow. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr.. Woodin offered the following: 

Whereas^ the office- of Auditor of the Canal Department became va- 
cant by the resignation of Francis S. Thayer, on the 11th day of Janu- 
ary, 1876, and 

Whereas, His Excellency the Governor, on the 13th day of January 
last, nominated to the Senate Geo. W. Schuyler, for the office thus made ^ 
vacant, which nomination the Senate rejected ; and, 

Whereas, The Senate is informed, that in disregard of this judgment 
and action of the Senate, the person thus rejected is assuming to act as 
Auditor, therefore, with a view to such action as may be necessary, 

Hesdvedy That his Excellency the Governor be and he is hereby re- 
spectfally requested to .inform this body, whether it is his purpose to- 
make any further nomination to the Senate for the office of Auditor of 
the Canal Department. 
Afber debate, 

Mr. Woodin moved that said resolution be laid upon the table. 

The President put the question whether the Senate would agree to 
Baid motion, and it was decided in the affirmative. 

Mr. Schoon maker moved that said resolution be printed. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the negative, as follows : 

FOB THB APFIBMATIVS. 



Bixby 

Bradley 

Gerard 


Hammond 
Loomis 


Morrissey 
St. John 


Schoonmaker 
Starbuck 




FOB 


THB NBGATIVB. 




Baaden 
Booth 
Carpenter 
Cole 


Coleman 
Doolittle 
Harris 
McCarthy 


Moore 
Prince 
Robertson 
Rogers 


Sayre 
Selkreg 
Tobey 
Woodin 



16 

Mr. Woodin offered the following : 

flP^erecw, Francis S. Thayer resigned the office of Auditor of the 
Canal Department on the 11th day of January, 1876, by reason whereof 
a vacancy in said office was created ; and, 

WhereaSj No appointment of Auditor of said department has since 
been made, and said office remains vacant ; 'therefore 

Resolved, That the State Treasurer be and he is hereby requested tb 
inform this body whether, since the resignation of said Thayer, he has 
paid or anthorized the payment of any drafts or warrants drawn since 
said resignation by any person assuming to act as Auditor of said depart- 

Digitized by VjOOQ IC 



172 [Wednbsdat, 

ment, and, if so, the number and several amounts thereof, and to whom 
payable, and by whom drawn. 

Mr. Starbnck moved that said resolution be laid upon the table. 

The President put the q^uestion whether the Senate would agree to 
said motion, and it was decided in the negative. 

The President' then put the question whether the Senate would agree 
to said resolution, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows ; 

Assembly, "An act to amend chapter 83 of the Laws of 1869, entitled 
*An act to provide for the improvement of Grass river, and of the water- 
power thereon, and to check freshets therein,' passed March 31, 1869." 

Assembly, "An act to alter the first and second judicial districts of the 
State, as established by chapter 241 of the Laws of 1847, entitled, ^An 
act to divide the State into judicial districts, so as to conform the same 
to the boundaries of tiie city of New York and of the county of West- 
chester, as now constituted by law.* " 

After some time spent therein, the President resumed the chair, and 
Mr. Gerard, from said committee, reported in favor of the passage of 
the first named bill, with amendments, which report was agreed to, and 
the same ordered for a third reading. 

Mr. Gerard, from the same committee, reported progress on the . last 
named bill, and asked and obtained leave to sit/again. 

The Assembly returned the following entitled bills, with a messs^e that 
they had concurred in the passage of the same : 

"An act to confirm the official acts of Walter H. Alien, a superintend- 
ent of the poor of the county of Seneca, and to enable him to take and 
file his oath of office.'* 

"An act to authorize the village of Corning, Steuben county, to bor- 
row money to pay its outstanding bonds, issued pursuant to chapter 399 
of the Laws of 1871." 

"An act to authorize the city of Newburgh to raise certain moneys by 
tax for the care and improvement of Washington's Head-quarters.** 

Ordered^ That the Clerk deliver said bills to the Governor. 

Mr. Harris called from the table the concurrent resolution proposing 
amendments to the Constitution, by adding three sections thereto, rela- 
tive to the common schools. 

Mr. Harris moved that said resolution be referred to the committee 
on literature. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

On motion of Mr. Selkreg, the Senate adjourned. 



WEDNESDAY, FEBBUABY 9, 1876, 

The Senate met pursuant to adjournment. 

Prayer by Rev. Dr. Magee. 

The journal of yesterday was read and approved. 

Digitized by VjOOQ IC 



Fib. 9.] 173 

Mr. Bixby presented a petition of certain property owners in the 
twelfth ward of the city of New York against the repeal of chapter 920 
of the Laws of 1869, relative to opening streets and avenues in the city 
of New York ; which was read and referred to the coznmittee on the 
aflkiw of cities. ' 

The Assembly returned the bill entitled "An act in relation to the police 
court and justices' court of the city of Troy," with a message that they 
had parsed the same, with the following amendments: 

Section 4, line 1, after the word "with," insert the words ** having 
committed." Line 2, after the word " ojffense," insert the words " within 
the citj of Troy.'* 

Section 8, lines 14 and 16, strike out the words ** said police magistrate 
or said assistant police magistrate," and insert iii lieu thereof the words 
"the sheriff of the county of Rensselaer." Line 19, strike out the 
word " thirty," and insert in lieu thereof the word "fifty-nine." Add, 
at the end of section 8 : "All moneys received by the sheriff of the 
coaoty of Rensselaer under this section shall be accounted for and paid 
hy him quarterly to the chamberlain of the said city of Troy." 

The President put ttiC question whether the Senate would agree to 
concur in said amendments, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
aod three-fifths of said members being present, as follows : 

FOB THE AFFIKMATIVB. 

Bixby Gerard 

Booth Hammond 

Bradley Harris 

Cole Jacobs 

Coleman Loomis 

Doolittle McCartliy St. John Woodin 24 

Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in their amendments. 
The Assembly sent for concurrence the bills entitled as follows : 
"An act to provide for the reporting of persons in the various State 
benevolent institutions of this State," which was read the first time, and 
by ananimous consent was also read the second time, and referred to the 
committee on charitable and religious societies. 

"An act to enable the electors of the town ot Sherburne to vote upon 
the question of accepting a certain bequest," which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the committee on the judiciary. 

"An act to provide for the payment of a portion or the whole of the 
bounty debt of the county of Greene, by issuing new bonds," which was 
read the first time^ and by unanimous consent was also read the second 
time, and referred to the committee on the judiciary. 

"An act to legalize and confirm all acts and proceedings of the per- 
sons elected as trustees of the village of Nelsonville, in the county of 
]'ii:n»m, during their respective terms of office," which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the committee on the judiciary. 

**An act making appropriations for certain expenses of government, 
and supplying deficiencies in formei* appropriations, for the fiscal year 
ending September 80, 1876,^' which was read the first time, and by 

Digitized by VjOOQ IC 



Moore 


Sayre 
Selkreg 


Morrissey 


Prince 


Starbuck 


Robertson 


Tobey 


Rogers 


Wagner 


St. John 


Woodin 



174 [Wbdkbsday, 

ananimous consent was also read the second time, and referred to the 
committee on finance. 

*^An act to authorize the trustees of the village of Nelsoni^ille, Putnam 
county', to qualify as such,*' which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the com- 
mittee on the affairs of villages. 

**An act to provide for a further supply of pure and wholesome water 
for the Twenty-third and Twenty-fourth wards of the city of New 
York," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the affairs 
of cities. 

^*An act to cure irregularities on the part of the common council of the 
city of Buffalo, in entering into a contract with Joseph Dennis, for 
planking South Michigan street, from the center of Ganson street to a 
point 459 feet southerly therefrom, and enabling said city to levy and 
collect an assessment to defray the expense of the same," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the affairs of cities. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act in relation to county treasurers," re- 
ported in favor of the passage of the same, with amendments, and said 
bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to release the interest of the people of 
the State of New York in certain real estate in the city of Brookl vn, to 
Charles Golden," reported in favor of the passage of the same, ana said 
bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled **An act relating to the payment of assessments 
in the city of New York," reported in favor of the passage of the same, 
with amendments, and the title amended so as to read "An act re- 
lating to the payment of assessments for local improvements in the ciiy 
of New York," and said bill was committed to the committee of the 
whole. 

By unanimous consent, Mr. Prince asked and obtained leave to intro- 
duce a bill entitled "An act to authorize the Patriot Orphan Home to 
convey certain real ef-tale," which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the commi^ 
tee on charitable and religious societies. 

By unanimous consent, Mr. Robertson asked and obtained leave, to 
introduce a bill entitled "An act to amend chapter 628 of the Laws of 
1874, entitled *An act to amend an act entitled An act for the incor- 
poration of villages, passed April 20, 1870,'" which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the committee on affairs of villages. 

Mr. Woodin moved to take from the table the resolution in the words 
following*: 

Whereas, The oflioe of Auditor of the Canal Department became 
vacant, by the resignation of Francis S.Thayer, on the 11th day of 
January, 1876; and, 

Whereas^ His Excellency the Governor, on the 13th day of January 
last, nominated to the Senate George W. Schuyler for the offioe tha? 
made vacant, which nomination the Senate rejected ; and. 



Digitized by 



Google 



FBa 9.] 176 

WhereaSy The Senate is informed that, in disregard of the judgment 
and action of the Senate, tlie person thus rejected is assuming to act as 
Aaditor; therefore, with a view to ^aoh action as may be necessary, 

Besohed^ That his Excellency the Governor be and he is hereby 
respectfully requested to inform this body whether it is his purpose to 
make any further nomination to the Senate for the office of Auditor of 
the Canal Department. 

The President put the question whether the Senate would agree to 
said motion, and it was decideil in the attirmative. 

Mr. Woodin moved to amend said resolution so as to read as follows : 

Wkereas, Francis S. Thayer resigned the office of Auditor of the 
Caoal Department on the 1 1th dav of January last ; and 

Wkareas, His Excellency the Governor, on the I3th day of January, 
nominated to the Senate Greo. W. Schuyler, for the office of "Auditor, in 
the place of Francis S. Thayer, resigned," which nomination was duly 
rejected; and 

Whereas^ The Senate is informed that, in disregard of this judgment 
and action of the ^Senate, the person thus rejected is assuming to act as 
Auditor, therefore, with a view to such action as may be necessjiry, 

Resolved, That it is the judgment of the Senate that the office of 
Anditor of the Canal Depaftment became vacant by the resignation of 
Francis S. Thayer, and r 'mains vacant until duly filled by a lawful ap- 
pointment, upon the nomination of the Governor and confirmation by 
the Senate. 

ResoUfedy That it is the further judgment of the Senate that the pub- 
lic interests require that the office of Auditor of the Canal Department 
shonld be tilled without further delay. 

Oo motion of iMr. Starbuck, and by unanimous consent, the further 
consideration of said resolution was deferred urttil to-morrow. 

Mr. Schoon maker offered the following : 

WhereaSy Pursuant to concurrent resolution of the Legislature, passed 
March, 1875, a joint committee of three Senators and three Members of 
Aasembly was duly appointed to investigate into the question of fraud 
or collusion between the State officers and the contractors in reference 
to the letting or prosecution of any contracts for work upon the canals 
then in force or finished, and the whole subject connected with the per- 
formance of such contracts, and all awards made by Canal Appraisers- 
with authority and power in said committee to employ counsel and sten- 
ographer, and to send for persons and papers, and with liberty to report 
partially at any time, but with directions to report in full within thirty 
days; and, 

WAereaSy By concurrent resolution adopted May 6, 1875, the time in 
which said joint committee was required to report was extended, and 
the said committee was directed to hold joint sessions during the recess 
of the Legislature, for the purpose of continuing and completing the 
investigation directed to be made, with authority to employ counsel, a 
stenographer, clerk and messenger, and power to send for persons and 
papers, with directions to report to the next Legislature; and. 

Whereas^ Said joint committee has not yet made its report ; therefore 

Resolved (If the Assembly concur), That said joint committee be 
requested to report its proceedings to the Legislature within ten days, 
together with ail testimony taken by said joint committee, the number 
of days said joint committee has been in session, and an itemized account 
of expenses incurred by said joint committee, including fees of counsel. 

Digitized by VjOOQIC 



176 [WBDNBBDA.Y, 

wages of steDOgrapher, clerk and messenger, and expenses of procnring 
witnesses, printing, etc., together with a statement of all moneys 
recovered hy said committee on behalf of the State. 

Ordered^ That said resolution be laid upon the table. 

The Assembly returned the bill entitled as follows : 

"An act in relation to the police court and justices' court ot the city 
of Truy." 

Ordered^ That the Clerk deliver said bill to the Governor. 

Mr. McCarthy offered the following : 

Resolved^ That the briefs, testimony and all necessary matters pertain- 
ing to the investigation of the contested election case of Cavanagh v. 
Jacobs be printed at once, for the use of the committe. 

The President put the qucHtion whether the Senate would agree to said 
resolution, and it was decided in ihe affirmative. 

Mr. Starbuck moved that the bill entitled "An act to authorize the 
city of Watertown to borrow money and issue'bonds of the city there- 
for, for the purpose of liquidating its present indebtedness,'' be recom- 
mitted to the committee on the affairs of cities, retaining its place on 
general orders. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

"An act to amend section 4 of chapter 254 of the Laws of 1847, enti- 
tled 'An act concerning the laws, journals and documents of the Legisla- 
ture.'" 

''An act to amend chapter 236 of the Laws of 1875, entitled ^An act 
to prohibit the throwing of cinders, ashes, refuse or garbage into the 
waters of Long Island Sound, and into the bays and harbors opening 
into the same.' " 

"An act to amend chapter 209 of the Laws of 1874, entitled ^An act 
to amend an act passed April 18, 1859, entitled 'An act to extend the 
provisions of an act authorizing the imprisonment of persons convicted 
of certain crimes in the counties of Montgomery and Oneida, in the 
Albany county penitentiary,' passed April 12, 1858, to all the counties 
in this State." 

After some time spent therein, the President resumed the chair, and 
Mr. Moore, from said committee, reported in favor of the passage of the 
first and second named bills, which report was agreed to, and said bills 
ordered engrossed for a third reading. 

Mr. Moore, from the same committee, reported in favor of the passage 
of the last named bill, with amendments, which report was agreed to, 
and the same ordered engrossed for a third reading. 

The Senate again .resolved itself into a committee ot the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows: 

Assembly, *^ An act to confirm a certain deed made by the Border Mis- 
sion Sabbath School of the city of Brooklyn, to the Trustees of the 
Lafayette Avenue Presbyterian Church in the city of Brooklyn." 

Assembly, "An act to alter the first and second judicial districts of the 
State, as established by chapter 241 of the Laws of 1847, entitled 'An 
act to divide the State into judicial districts, so as to conform the same 



Digitized by 



Google 



Fbb. 9.] 



Ill 



to the boandaries of the city of New York and of the county of West- 
chester, as now constitated by law.' " 

''An act for the appointment of a commission to investigate the affairs 
of the State prisons of the State, and to prescribe the manner of such 
investigation." 

• After some time spent therein the President resnmed the chair, and 
Mr. Moore, from said committee, reported in favor of the passage of the 
first and second named bills, which report was agreed to, and said bills 
ordered for a third reading. 

Mr. Moore, from the same committee, reported progress on the last 
nameci bill, and asked and obtained leave to sit again. 

Mr. Jacobs maved that the Senate go into executive session. 

Mr. Cole objected to the consideration of the motion. 

The President ruled that the objection of Mr. Cole could not be enter- 
tained, the rules not requiring unanimous consent. 

Mr. Cole appealed from the decision of the^President. 
After debate. 

The President put the qHestion, "Shall the decision of the chair stand 
as the judgment of the Senate," and it was decided in the affirmative, as 
follows : 



Bixby 
Bradley 
Gerard 
Hammond 



Booth 

Carpenter 

Cole 



FOB THB AFFIBMATTVS. 

Jacobs . Prince 
Kennaday Robertson 

Loomis Bogers 

Morrissey St. John 



Savre 

Schoonmaker 

Starbuck 



15 



FOB THB NEGATIVB. 



Coleman 
Doolittle 
Harris 



McCarthy 

Moore 

Selkreg 



Tobey 

Wagner 

Wood in 12 



The President then put the question whether the Senate would agree to 
the motion of Mr. «facobs, and it was decided in the negative, as 

follows : 



Buby 

Bradley 

Gerard 



Booth 
Carpenter 
Cole 
Coleman 



FOB THB AFFIBMALIVB. 

Hammond Loomis 

Jacobs Morrissey 

Kennaday Rogers 



FOB THE NEGATIVE. 



Doolittle 
Harris 
McCarthy 
Moore 



Prince 
Robertson 
Sayre 
Selkreg 



St. John 

Schoonmaker 

Starbuck 



Tobey 

Wagner 

Woodin 



12 



15 



Mr. Woodin moved that the Senate go into executive session, for the 
porpose of considering any new matter that may be presented therein. 

The Presideat put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The Senate then went into executive session, and after some time spent 
therem the doors were opened, and 

On motion of Mr. Doolittle, the Senate adjourned. 



[Senate Joubnal.] 



28 



Digitized by 



Google 



178 [Thuhsdat, 



THURSDAY, FEBRUARY 10, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Selkreg presented a petition of Wm. E. Dodge and others*, for 
the repeal of all laws relating to the re-organization of the State Inebriate 
Asylum ; which was read and referred to the committee on finance. 

Mr. Carpenter presented a petition of citizens of Stamford, Dutchess 
county, for the repeal of the law exempting clergymen, church property 
and private schools from tsTxation ; which was read and referred to the 
committee on finance. 

Mr. Bixby presented a petition of Theodore E. Tomlinson, for the 
exemption of the homestead from taxation, to the amount of $5,000 ; 
which was read and referred to the committee on finance. 
• Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembler bill entitled "An act to provide for an additional 
justice of the peace m the town of Onondaga, county of Onondaga," 
reported in favor of the passage of the same, with amendments. 

On motion of Mr. McCarthy, and by unanimous consent, the rules were 
suspended and said bill ordered to a third reading. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled "An act to provide for the payment 
of a portion or the whole of the bounty debt of the county of Greene, 
by issuing new bonds," reported in favor of the passage of the same, 
and said bill was committed ko the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to repeal an act entitled 'An act to 
authorize and establish a jail or lock-up in the village of West Troy, in 
the county of Albany,' passed April 16, 1861," reported in favor of the 
passage of the same, with amendments, and the title amended so as to 
read "An act to repeal chapter 236 of the Laws of 1 86 1 , entitled 'An 
act to authorize and establish a jail or lock-up in the village of West 
Troy, in the county ot Albany,' and in relation to committals to the 
.police station in said village of West Troy," which report was agreed to, 
and said bill committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act releasing all the right, title and interest 
of the people of the State of New York of, m nnd to certain lands in 
the city of Brooklyn, in the county of Kings, formerly covered by the 
waters of New York bay," reported in favor of the passas^e of the same, 
with amendments, and said bill was committed to the conimittee of the 
whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled " An act to continue suits and actions," 
reported adversely thereto, which report was agreed to, and said bill 
rejected. 

b^^Mr. Prince, from the committee on charitable and religious socities, 
to which was referred the bill entitled "An act to authoqze the Patriot 

Digitized by VjOOQ IC 



Feb. 10.1 1'^^ 

Orphan Home to convej certain real estate," reported in favpr of the 
passage of the same, with amendments, and said bill was committed 
to the committee of the whole. 

Mr. Wood in, from the committee on the affairs of cities, to which was 
referred the bill entitled ^*An act to amend chapter 143 of the Laws of 
1861, entitled 'An act to amend and consolidate the several acts in rela- 
tion to the charter of the city of Rochester,' passed* April 8, 1861, and 
the varions acts amendatory thereof or relating to the city of Rochester," 
reported in favor of the passage of the same, and said bill was committed 
to the committee of the whole. 

Mr. Emerson moved that said bill be considered in the first committee 
of the whole. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 

Mr. VVoodin, from the committee on the affaira of cities, to which was 
referred the Assembly bill entitled "An act to" repeal an act entitled *An 
act for the improvement of Myrtle avenue in the city of Brooklyn,' 
passed June 21, 1875," reported in favor of the passage of the same, 
and said bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled "An act relative to the residence and domicil 
of public officers and employees in the city and county of New York," 
reported adversely thereto. 
Mr, Gerard moved that said report be laid upon the table. 
The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Harris, from the committee on finance, to which was referred the 
bill entitled "An act to amend chapter 135 of the Laws of 1875, entitled 
*An act to amend the act entitled An act to provide for the promotion 
of public health, and for draining and reclaiming overflowed and wet 
lands adjoining Black Lake and its tributaries, in the counties of St. Law- 
rence and Jefferson, and for improving the hydraulic power at Ogdens- 
bur^gh,' passed May 4, 1864, being chapter 677 of the Laws of 1864, as 
amended by chapter 180 of the Laws of 1868, and chapter 360 of the 
Laws of 1871,'* reported in favor of the passage ot the same, and said 
bill was committed to the committee of the whole. 

Mr. Harris, from the committee on finance, to which was referred the 
bill entitled "An act to amend chapter 180 of the Laws of 1868, entitled 
^Ao act to amend an act entitled An act to amend an act to provide for 
the preservation of public health, and for draining overflowed land ad- 
joining Black Lake and its tributaries, in the counties of St. Lawrence 
and Jefferson, and for improving the hydraulic power at Ogdensburgh, 
and the repeal of chapter 735 of the Laws of 1865, amendatory of chap- 
ter 577 of the Laws of 1864,' " reported in favor of the passage of the 
same, and said bill was committed to the committee of the whole. 

The President presented a statement of the State Treasurer in refer- 
ence to a resolution of the Senate, relative to the payment of drafts or 
warrants by *' any person assuming to act as Auditor " of the Canal 
Department, which was laid upon the table and ordered printed. 

{See Doc JVb. 89.) 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows : 

Digitized by VjOOQ IC 



180 [Thuesdat, 

"An act to amend section 4 of chapter 264 of the Laws of 1847, enti- 
tled 'An* act concerning the laws, journals and documents of the Legis- 
lature." 

"An act to amend chapter 236 of the Laws of 1876, entitled 'An act 
to prohibit the throwing of cinders, ashes, refuse or garbage into the 
waters of Long Island Sound, and into the bays and harbors opening 
into the same.' " • 

**An act to amend chapter 209 of the Laws of 1874, entitled 'An act 
to amend an act passed April 18, 1869, entitled An act to extend the 
provinions of an act authorizing the imprisonment of persons convicted 
of certain crimes in the counties of Montgomery and Oneida, in the 
Albany county penitentiary,' passed April 12, 1858, to all the counties 
in this State." 

The Assembly sent for concurrence the bills entitled as follows : 

"An act to facilitate the distribution of the property and effects of the 
Asbury Life Insurance Company," which was read the first time, and 
by unanimous consent waa also read the second time, and referred to the 
committee on insurance. 

"An act to amend chapter 636 of the Laws of 1873, entitled 'An act 
to provide for the appointment of a recorder and collector in the village 
of Plattsburgh, and to provide for the pavement of certain streets in said 
village,' passed May 28, 1873," which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on the judiciary. 

The Assembly seut for concurrence a resolution in the words fol 
owing : 

WiwreaSy Pursuant to concurrent resolution of the Legislature, passed 
in March, 1876, a joint committee of three Senators and three Members 
of Assembly was duly appointed to investigate and examine into the 
question of fraud or collusion between the State officers and the contract- 
ors in reference to the letting or prosecution of any contracts for work 
upon the canals then in force or finished, and the whole subject connected 
with the performance of such contracts, and all awards made by Canal 
Appraisers, with authority and power in said committee to employ coun- 
sel and a stenographer and to send for persons and papers, with liberty 
to report partially at any time, but with directions to report in full 
within thirty days ; and. 

Whereas^ By concurrent resolution, adopted May 6, 1875, the time in 
which said joint committee was required to report was extended, and the 
said committee was directed to hold joint sessions during the recess of 
the Legislature, for the purpose of continuing and completing the inves- 
tigation directed to be made, with authority to employ counsel, a steno- 
grapher, clerk and messenger, and power to send for persons and papers, 
with directions to report to the next Legislature ; and. 

Whereas^ Said joint committee has not yet made its report ; therefore 

Hesolved (If the Senate concur) That said joint committee be requested 
to report its proceedings to the Legislature at aa early a day as practi- 
cable, together with all the testimony taken by said joint committee, and 
the number of days in which the said joint committee has actually been 
in session. 

On motion of Mr. Cole, and by unanimous consent, the rules were 
suspended, in order that said resolution might be considered immediately. 

The President put the (question whether the Senate would agree to said 
resolution, and it was decided in the affirmative. 



Digitized by 



Google 



Feb. 10.] 181 

Ordered^ That the Clerk return said resolution to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same. 

By unanimous consent, Mr. Loorais asked and obtained leave to intro- 
duce a bill entitled "An act to amend an act entitled 'An act to protect 
batter and cheese manufacturing,' passed May 2, 1864, as amended by 
chapter 563, Laws of 1869 " which was read the first time, and by unani- 
moas consent was also read the second time, and referred to the commit- 
tee on agriculture. 

By unanimous consent, Mr.- Booth asked and obtained leave to intro- 
duce a bill entitled ''An act relating to children," which was read the 
first time, and by unanimous consent was also read the second time, 
and referred to the committeen on charitable and religious societies. 

By unanimous consent, Mr. Cole asked and obtained leave to intro- 
dacea bill entitled "An act to prevent the injury or destruction of prop- 
erly," which was read the first time, and by unanimous consent was also 
read tha second time, and referred to the committee on railroads. 

By unanimous consent, Mr. Starbuck asked and obtained leave to intro- 
duce a bill entitled "An act to authorize persons jointly indicted to be 
witnesses for each other,'* which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the com- 
mittee on the judiciary. 

By unanimous consent, Mr. Prince asked and obtained leave to intro- 
duce a bill entitled "An act to repeal chapter 74 of the Laws of 1866, 
entitled 'An act to create a Metropolitan Sanitary District and Board 
of Health therein, for the preservation of life and health, and to prevent 
the spread of disease, so far as relates to Queens county,' and to provide 
for the appointment of boards of Lealth in the several towns of New- 
town, Flushing and Jamaica, in said county, and defining their powers 
and duties,'* which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on public 
health. 

By unanimous consent, Mr. Prince asked and obtained leave to intro- 
duce a bill entitled "An act to enable the Hempstead and Jamaica^ Plank- 
road Company to improve their road, and to charge an increased rate of 
toll on such portions of the said road as shall be improved," which was 

read the first time, and by unanimous consent was also read the second 

time, and referred to the committee on roads and bridges. 
By unanimous consent, Mr. Hammond asked and obtained leave to 

iutroduce a bill entitled "An act extending the powers of the trustees 

of the village of Canandaigua," which was read the first time, and by 

unanimous consent was also read the second time, and referred to the 

committee on the affairs of villages. 
The Assembly bill entitled "An act to provide for an additional justice 

of the peace in the town of Onondaga, county of Onondaga," was read 

a third time. 
The President put the question whether the Senate would agree to 

the final passage of said bill, and it was decided in the affirmative, a . 

majority of all the members elected to the Senate voting in favor thereof, 

and three-fifths being present as follows : 

FOB THE AFFIRM ATI VB. 

Bixby Grerard ^Loomis St. John 

Carpenter Hammond " ""7?* McCarthy Sayre 



Digitized by 



Google 



182 



[Trxjbsdats 



Cole 

Coleman 

Doolittle 

Prince 



Harris 
Jacobs 
Kennaday 



Moore 
Moirissey 



Selkre^ 
Woodm 



18 



FOR THB NSGATIYB. 



Starbuok 



On motion of Mr. McCarthy, and by unanimous consent, the rules were 
suspended, and the Clerk was ordered to return said bill to the Assem- 
bly, immediately, with a message informing that the Senate have con- 
curred in the passage of the same, with amendments. 

The bill entitled "An act to amend chapter 209 of the Laws of 1874, 
entitled ^An act to amend an act passed April 18, 1859, entitled 'An act 
to extend the provisions of an act authorizing the imprisonment of per- 
sons convicted of certain crimes in the counties of Montgomery and 
Oneida, in the Albany county penitentiary,' passed April 12, 1868, to all 
the counties in this Statfe," was read a third time. 

The President put the question whether the Senate would *Sigree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fiflhs being present, as follows : 

FOR THE AFFIRMATIVE. 



Bixby 
Bradley 


Gerard 
Hammond 


Carpenter 


Harris 


Cole 


Jacobs 


Coleman 


Kennaday 


Doolittle 


Loomis 



Moore 


Sayre 


Morrihsey 


Schoonmaker 


Prince 


Selkreg 


Robertson 


Starbuck 


Rogers 
St. John 


Woodin 





23 

Ordered, That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled "An act to amend chapter 236 of the Laws of 1875, 
entitled "An act to prohibit the throwing of cinders, ashes, refuse or 
garbage into the waters of Long Island Sound, and into the bays and 
harbors opening into the same," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 



FOR THE AFFIRMATIVE. 



Bixbv 

Bradley 

Cole 

tyoleman 

Doolittle 

Emerson 



Gerard 

Haijimond 

Harris 

Jacobs 

Kennaday 

Loomis 



Moore 

Morrissey 

Prince 

Robertson 

Rogers 

St. John 



Sayre 

Schoonmaker 

Selkrej? 

Starbuck 

Wagner 



23 



Ordered, That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The Assembly bill entitled ^*An act to legalise and confirm the official 
acts of the supervisor, town clerk and justices of the peace of the town 
of Madrid, in the county of St. Lawrence, during the year 1872, in issu- 
ing the bonds of said town to the amount of $750, for the purpose of 
completing the town hall in said town, and to legalize the vote of the. 



Digitized by 



/Google 



Fkb. 10.] 



188 



St. John 

Sayre 

Schoon maker 

Selkreg 

Starbuck 

VVoodin 24 



electors of said town, at their annaal town meeting in 1872, authorizing 
the issuing of said bonds,'* was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 

FOR THE AFFIBMATIYB. 

Bixby Emerson Loomis 

Bradley Gerard McCarthy 

Carpenter Hammond Moore 

Cole Hnrris • Morrissey 

Coleman Jacobs Prince 

Doolittle Kennaday Robertson 

Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the 
the same. 

The Assembly bill entitled "An act to alter the first and second judi- 
cial dis»tricts of the State as established by chapter 241 of the Laws of 
1847, entitled ^An act to divide the State into judicial districts so as 
to conform the same to the boundaries of the city of New York and of 
the county of Westchester as now constituted by law,' " was read a third 
time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 

Bixhy 

Bradley 

Carpenter 

Cole 

Coleman 

l>oolittle 

Kmerson 26 

Ordered^ That the Clerk return said bill to the Assembly, with 
a me^iswige informing that the Senate have concurred in the passage of 
the same. 

The Assembly bill entitled **An act to confirm a certain deed made by 
the Border Mission Sabbath School of the city of Brooklyn, to the Trus- 
tees of the Lafayette Avenue Presbyterian Church in the city of Brook- 
lyn," was read a third time. 

The President put the question whether the Senate would agree to the 
fins^l paswage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, as fol- 

I«:>wb: 

foe the affirmative. 



FOR THR 


AFFIRMATIVE. 




Gerard 


McCarthy 


St. John 


Hammond 


Mjoore 


JSayre 


Harris 


Morrissey 


Schoonmaker 


Jacobs 


Prince 


Selkreg 


Kennaday 


Robertson 


Starbuck 


Loomis 


Rogers 


Wagner 



Bixby 

Bn«dley 

Ca^rpenter 

Cole 

Ooleman 

X>oolittle 



Emerson 

Gerard 

Harris 

Jacobs 

Kennaday 

Loomis 



Moore 

Morrissey 

Prince 

Robertson 

Rogers 



St. John 

Schoonmaker 

Selkreg 

Starbuck 

Wagner 



Digitized by 



Google 



184 [Thubsdat, 

Ordered, That the Clerk return said bill to the Assembly, with a mes- 
sage informing ihat the Senate have concurred in the passage of the 
same. 

Mr. VToodin moved to take from the table the resolution and proposed 
amendment thereto, in the words following : 

W/iereas, the office of Auditor of the Canal Department became 
vacant by the resignation of Francis S. Thayer, on the 11th day of Jan- 
uary, 1876; and 

WhereaSy His Excellency the Governor, on the 13th day of January 
last, nominated to the Senate Geo. W. Schuyler, for the office thus made 
vacant, wliich nomination the Senate rejected ; and 

Whereas J The Senate is informed that, in disregard of the judgment 
and action of the Senate, the persdn thus rejected is assuming to act as 
Auditor; therefore, with a view to sucli action as may be necessary. 

Resolved, That his Excellency the Governor be, and he is hereby re- 
spectfully requested to inform this body whether it is his purpose to 
make any further nomination to the Senate for the office of Auditor of 
the Canal Department. 

(Amendment proposed.) 

Whereas^ FranciK S. Thayer resigned the office of Auditor of the Canal 
Department on the 1 1th day of January last; and 

Whereas, His Excellency the Governor, on the 13th day of January, 
nominated to the Senate George W. Schuyler for the office of "Auditor, 
in the place of Francis S. Thayer, resigned," which nomination was duly 
rejected ; and, 

Whereas, The Senate is informed that, in disregard of this judgment 
and action of the Senate, the person thus rejected is assuming to act as 
Auditor ; therefore, with a view to such action as may be necessary, 

Resolved, That it- is the judgment of the Senate that the office of 
Auditor of the Canal Department became vacant by the resignation of 
Francis S. Thayer, and remains vacant until duly filled by a lawful 
appointment, upon the nomination of the Governor and confirmation by 
the Senate. 

Resolved, That it is the further judgment of the Senate that the pub- 
lic interests require that the office of Auditor of the Canal Department 
should be filled without further delay. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 
After debate, 

Mr. Kennaday moved that the preamble of the amendment be amended 
by striking out the words " in disregard of," and inserting in lieu thereof 
the word " notwithstanding." 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The President then put the question whether the Senate would agree to 
the proposed amendment of Mr. Woodin, and it was decided in the affirm- 
ative, as follows : 

FOR THB AFPIRMATIVB. 

Bixby Emerson Prince Selkreg 

Carpenter Harris Robertson Tobey 

Cole McCarthy Rogers Wagner 

Coleman Moore Sayre Woodin 
Doolittle 17 

Digitized by VjOOQ IC 



Fn 10.] 



185 



Bradley 


Jacobs 


Morrissey 


Gerard 


Eennaday 


St. John 


HaminoDd 


Loomis 





Bixby 

Carpenter 

Cole 

Coleman 

DooIitUe 


Emerson 
Harris 
McCarthy 
Moore 


Pnnce 
Robertson 
Rogers 
Sayre 


Selkreg 
Tobey 
Wagner 
Woodin 




FOB THE 


NEGATIVE. 




Bradley 

Gerard 

IlammoDd 


Jacobs 

Kennaday 

Loomis 


Morrissey 
St. John 


Schoonmaker 
Starbaok 



FOR TUB KEGATIVB. 

Schoonmaker 
Stai'buck 

10 

The President then put the qnestlon whether the Senate would agree to 
said resolution, as amended, and it was decided in the affirmative, as follows: 

FOR THE AFFIRMATIVE. 



17 



10 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled aa follows : 

''An act for the appointment of a commission to investigate the affairs 
of the State prisons of the State, and to prescribe the manner of such 
io?e8tigation." 

**Ad act to amend chapter 143 of the Laws of 1861, entitled *An act 
to amend and consolidate the several acts in relation to the charter of 
the city of Rochester,' passed April 8, 1861, and the various acts amend- 
atory thereof, or relating to the city of Rochester." 

After some time npent therein, the President resumed the chair, and 
Mr. Loomis from said committee, reported in favor of the passage of 
the first named bill, with amendments, and the title amended so as to 
read *'An act to proviae for a commission to investigate the affairs of the 
State prisons of this State, and to prescribe the manner of such investi- 
gation," which report was agreed to, and said bill ordered engrossed 
for a third reading. 

Mr. Loomis, from the same committee, reported in favor of the pas- 
sage of the last named bill, with amendments, which report was agreed 
to, and said bill ordered engrossed for a third reading. 

On motion of Mr. £merson, and by unanimous consent, the rules 
were suspended, and the last named bill was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, and three- 
fifths of said members being present, as follows : 

FOB THB AFFIBMATITB, 

Baaden Gerard Moore Selkreg 

Cole Hammond Morrissey Starbuck 

Coleman Harris Prince Tobey 

Doolittle Eennaday Robertson Vedder 

Emerson Loomis Rogers Woodin 20 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 
On motion of Mr. Eennaday, the Senate adjourned, 
[Skhatb JourmaIh] 24 



Digitized by 



Google 



180 [Fbidit, 



FRIDAY, FEBRUARY 11, 1876. 

The Senate met purauant to adjourament. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Harris, from the committee on finance, to which was referred the 
Assembl;^ bill entitled ''An act making a[)prop nations for certain ex- 
penses of government and supplying deficiencies in former appropria- 
tions, for the year ending September 80, 1876," reported in favor ot the 
passage of the same, and said bill was committed to the committee of 
the whole. 

The President presented the report of the Secretary of State in res- 
ponse to resolution of the Senate, relative to contract for legislative 
printing, which was laid on the table and ordered printed. 

By unanimous consent, Mr. Harris asked and obtained leave to intro- 
duce a bill entitled ''An act for the improvement of the navigation of 
the Hudson river and to make an appropriation therefor," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on finance. 

Mr. Bradl^ offered the following : 

Hesolvedj That the preamble and resolutions recently adopted by the 
Senate, of which the following is a copy, be addressed to the Governor 
and transmitted to him : 

WhereaSy Francis S. Thayer resigned the ofice of Auditor of the 
Canal Department on the 11th day of January last; and 

iVhereas, His Excellency the Governor, on the I3th day of January, 
nominated to the Senate Geo. W. Schuyler, for the ofiice of '^Auditor, in 
the place of Francis S. Thayer, resigned," which nomination was duly 
rejected; and 

Whereas^ The Senate is informed that, notwithstanding this judgment 
and action of the Senate, the person thus rejected is assuming to act as 
Auditor, therefore, with a view to such action as may be necessary, 

Reaolvedj That it is the judgment 6f the Senate that the office of 
Auditor of the Canal Department became vacant by the resignation of 
Francis S. Thayer, and remains vacant until duly filled by a lawful ap- 
pointment, upon the nomination of the Governor and confirmation by 
the Senate. 

Resolved^ That it is the further judgment of the Senate that the pub- 
lic interests require that the office of Auditor of the Canal Department 
should be filled without further delay. 
Afler debate, 

Mr. Rogers moved that said resolution be laid upon the table. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

The Sen{^t€f then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

^*An apt in relation to coqnty treasurers," 

Digitized by VjOOQ IC 



Feb. 11.] 187 

«An aot releasiDff all the right, title aod interest of the people of the 
State of Kew York of, in and to certain lands in the city of Brooklyn, 
in the oonnty of Kings, formerly covered by the waters of New York 
bay." 

**An act to repeal chapter 235 of the Laws of 1861, entitled 'An act to 
aothorize and establish a jail or lock-up in the village of West Troy, in 
the cogpty of Albany,* and in relation to committals to the police station 
in said village of West Troy." 

After some time spent therein, the President resumed the chair, and 
Mr. Bixby, from said committee, reported progress on the first named 
bill, and asked and obtained leave to sit again. 

Mr. Bixby, from the same committee, reported in favor of the pas- 
sage of the two last named bills, which report was agreed to, and the 
same ordered enorrossed for a third reading. 

Mr.Robertson moved that the committee on the judiciary be discharged 
from the further consideration of the resolutions of the board of super- 
visors of Onondaga county against the passage of the bill providing for 
a recorder's court in the city of Syracuse, and that the same be referred 
to the committee on the affairs oi cities. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

By unanimous consent, Mr. Robertson, from the committee on the 
judiciary, to which wa^^ referred the bill entitled **An act to amend part 
1, chapter 11,,^ title 3, article 2, sections 21 and 22, of the Iievi8e4.Stat- 
ntea, in relation to constables,*' reported in favor of the passage of the 
same, with amendments, and said bill was committed to the committee 
of the whole. ' 

By unanimous consent, Mr. Robertson, from the committee on the 
judidary, to which was referred the bill entitled '*An act to authorize 
the presiding judge or justice of courts of Oyer and Terminer to grant 
new trials," reported in favor of the passage of the same, and said bill 
was committed to the committee of the whole. 

By unanimous consent, Mr. Robertson, from the committee on the 
judiciary, to which was referred the bill entitled "An act to amend 
chapter 6, article 8, title 3, part 1, of the Revised Statutes, Of elections 
in cities and towns,'^ reported in favor of the passage of the same, with 
amendments, and said bill was committed to the committee of the whole. 
By unanimous consent, Mr. Robertson, from the committee on the 
judiciary, to which was referred the bill entitled ''An act to authorize 
persons jointly indicted to be witnesses for each other, reported in favor 
of the passage of the same, with amendments, and the title amended so 
as to read "An act in relation to evidence in criminal cases," and said 
bill was committed to the committee of the whole. 

Mr. Rogers, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows : 

''An act to amend chapter 143 of the Laws of 1861, entitled 'An act 
to amend and consolidate the several acts in relation to the charter of 
the dty of Rochester,' passed April 8, 1861, and the various acts amend- 
atory thereof or relating to the citjr of Rochester." 

"An act to jprovide for a commission to investigate the affairs of the 
State prisons of this State, and to prescribe the manner of such investi- 
gation." 

Mr. Loomis, from the committee on public printing, presented the 
following report : 

Digitized by VjOOQ IC 



188 [Fbidat, 

The committee on printing, to whom was referred the Bubject of adopt- 
ing the Acme iile for the use of the Senate, respectfully report that we 
have examined said 61e, and think it inexpedient to change the files now 
in use during the present session of the Senate. 

But we recommend the adoption and use of the said Acme file by the 
Senate, at its next annual session. 

Dated January 11, 1876. D. P. LOOMIS, 

B. DOOLITTLE, 

Committee. 

The President put the question whether the Senate would agree to siud 
report, and it was decided in the affirmative. 

By unanimous consent, Mr. Selkreg moved that when the Senate 
adjourns to-day, it adjourn to meet on Monday evening next at half-past 
seven o'clock. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

By unanimous consent, Mr. Schoonmaker moved to take from the table 
the resolution of Mr. Bradley, directing the transmission to the Gover- 
nor of the resolution relative to the office of the Auditor of the Canal 
Department. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the negative. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 

"An act to release the interest of the people of the State of New 
York in certain real estate in the city of Brooklyn, to Charles Golden.'* 

"An act to amend chapter 135 of the Laws of 1875, entitled *An act 
to amend the act entitled An act to provide for the promotion of public 
health, and for draining and reclaiming overflowed and wet lands adjoin- 
ing Black lake and its tributaries in the counties of St. Lawrence and 
Jefferson, and for improving the hydraulic power at Ogdensbargh,' 
passed May 4, 1864, being chapter 577 of the Laws of 1864, as amended 
oy chjipter 180 of the Laws of 1868, and chapter 360 of the Laws of 
1871." 

Assembly, "An act to provide for the payment of a portion or the 
whole of the bounty debt of the county of Greene, by issuing new 
bonds." 

After some time spent therein, the President resumed the chair, and 
Mr. Doolittle, from said committee, reported in favor of the passage of 
the first and second named bills, which report was agreed to, and said 
bills ordered engrossed for a third reading. 

Mr. Doolittle, from the same committee, reported in favor of the pas- 
Base of the last named bill, which report was agreed to, and the same 
ordered to a third reading. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

"An act further to amend chapter 446 of the Laws of 1874, entitled 
*An act to revise and consolidate the statutes of the State relating to 
the care and custody of the insane, the management of the asylums for 
their treatment and safe-keeping, and the duties of the State Commis- 
sioner in Lunacy.' " 

Digitized by VjOOQ IC 



FKB.11.J 



189 



^An act relating to the payment of assessments for local improve- 
ments in the city of New York." 

^Ad act to amend chapter ] 80 of the Laws of 1 868, entitled *An act 
to amend an act entitled An act to amend An act to provide for the 
preservation of pablio health, and for draining overflowed land adjoining 
black lake and its tributaries, in the counties of St. Lawrence and Jeffer*- 
soD, and for improving the hydraulic power at Ogdensburgh, and the 
repeal of chapter 735 of the Laws of 1865 amendatory of chapter 577 
of the Laws of 1864." 

AHer some time spent therein, the President resumed the chair, and 
Mr. Sayre, from said committee, reported progress on the first named 
bill^aDd asked and obtained leave to sit again. 

A(r. Robertson moved that said bill be reprinted. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Sayre, from the same committee, reported progress on the second 
named bill, and asked and obtained leave to sit again. 

Mr. Sayre, from the same committee, reported in favor of the passage 
of the last named bill, which report was agreed to, and the same ordered 
en&rrossed for a third reading. 

The Assembly returned the Assembly bill entitled '*An act to provide 
for an additional justice of the peace in the town of Onondaga, county 
of Onondaga," with a message that they had concurred in the amend- 
ments of the Senate made thereto. 

Ordered^ That the Clerk return said bill to the Assembly. 

The Assembly returned the* following entitled bills, with a message that 
they had concurred in the passage of the same: 

^An act to legalize and confirm the acts of Samuel H. Corwin, Abram 
Van Nest Powellson, William H. Stoddard, and Harrison Bull, jusfHces 
of the peace of the town of Wallkill, Orange county, and to enable them 
to file their official bonds." 

''An act further to amend chapter 681 of the Laws of 1878, entitled 
'An act to establish communication between Richmond county and New 
Jersey, incorporating the Tubular Transit Company of Staten Island." 

Orieredy That the Clerk deliver said bills to tne Governor. 

Mr. Doolittle moved that the Senate do now adjourn. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative, as follows : 



Cole 

Coleman 

Doolittle 



Bixby 

Bradley 

Gerard 



FOR THB AFFIR&IATIYB. 

Emerson Robertson 

Harris Rogers 

Moore Sayre 

FOB THB NEOAllVB. 

Hammond Loomis 

Kennaday Morrissey 



Selkreg 
Tobey 



St. John 
Schoonmaker 



11 



Whereupon the Senate adjourned. 



Digitized by 



Google 



190 [MoHDAT, Feb. 14.] 



MONDAY, FEBRUARY 14, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of Friday, February 11, was read and approved. 

The Assembly sent for concurrence the bills entitled as follows : 

*'An act to provide for the election of an additional justice of the peace 
in the town of Harmony and county of Chautauqua," which weh 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the judiciary. 

'^An act to amend an act entitled *An act to incorporate the Maritime 
Association of the Port of New York,' passed April 11,. 1874," which 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the committee on commerce and navigation. 

Mr. Gerard presented a petition for the exemption of household fur- 
niture from seizure under execution, to the amount of $1,000, which was 
read and referred to the committee on the judiciary. 

By unanimous consent, Mr. Hammond asked and obtained leave to 
introduce a bill entitled '^An act to incorporate united medical societies," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on public health. 

By unanimous consent, Mr. Robertson asked and obtained leave to 
introduce a bill entitled ^*An act to amend chapter 821 of of the Laws 
of ^873, entitled *An act to amend an act entitled An act to amend an 
act entitled An act for the benefit of married women in insuring the 
lives of their husbands, passed April 14, 1858,' passed April 18, 1870," 
which waA read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Robertson asked and obtained leave to 
introduce a bill entitled ''An act to repeal chapter 327 of the Laws of 
1874, entitled 'An act to suppress intemperance, and to regulate the sale 
of intoxicating liquors in the county of Westchester,' " which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on the judiciarv. 

Mr. Selkreg offered the following : 

Resolved^ That the Secretary of State and Comptroller be requested 
to furnish the Senate, as early as practicable, a complete comparative 
statement, in detail, showing what all the printing ordered and per- 
formed as legislative printing, for the years 1874 and 1875, so far as bi\U 
for the same have been rendered would amount to under the detailed 
bids recently made by the Argus Co., Weed, Parsons & Co., Van Ben- 
thuysen & Sons, H. J. Hastings and J. B. Parmenter Ss Co. Also, what 
the above named printing, <fec., would amount to, if done under the con- 
tract just made with J. B. Parmenter & Co., estimating the work to bo 
done in the same type, manner and style, and with the same amount of 
mapping, extra fine paper, binding, <fec.. as was used and placed in the 
printing of said years 1874 and 1876. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Digitized by VjOOQ IC 



TuMDATjFra. 15.] 191 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bill enti- 
tled as follows : 

Assembly, ^'An act making appropriations for certain expenses of gov- 
ernmeDt, and sapplying deficiencies in former appropriations, for the 
fiscal year ending September 30, 1876." 

After some time spent therein, the President resumed the chair, and 
Mr. Moore, from said committee, reported in favor of the passage of 
the said named bill, with amendments, which report was agreed to, and 
the same ordered to a third reading. 

On motion of Mr. Rogers, the Senate adjourned. 



TUESDAY, FEBRUARY 16, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Booth presented a petition of citizens of New York and Brook- 
lyn for the repeal of all laws relating to the reorganization of the New 
York State Inebriate Asylum ; which was read and referred to the com- 
mittee on finance. 

Mr. Hoore presented a petition of the voters of Stockholm, St. Law- 
rence county, for a reduction of salaries of State and county officers, 
which was read and referred to the committee on finance. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled ^'An act to legalize all acts' and pro- 
ceedings of the persons elected as trustees of the village of Nelsonville, 
in the county of Putnam, during their respective terms of oflice," 
reported in favor of the passage of the same, and said bill was commit- 
ted to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled ''An act to amend the sixteenth sec- 
tion of title 6 of chapter 2 of the fourth part of the Revised Statutes, 
concerning the allowance of writs of error in criminal cases," reported in 
&vor of the passage of the same, with amendments, and said bill was 
committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled '*An act to enable the electors of the 
town of Sherburne to vote upon the question of accepting a certain 
bequest," reported in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as* follows : 

••An act to release the interest of the people of the State of New York 
in certain real estate in the city of Brooklyn, to Charles Golden." 

'^An act to amend chapter 135 of the Laws of 1875, entitled *An act 
to amend the act entitled An act to provide for the promotion of public 
health, and for draining and reclaiming overflowed and wet lands adjoin- 
ing Black lake and its tributaries, in the counties of St. Lawrence and 

Digitized by VjOOQ IC 



192 [TUMDIT, 

Jefferson, and for improving the hydranlio power at O^densburg,' passed 
May 4, 1864, being chapter 577 of the Laws of 1864, as amended by 
chapter 180 of the Laws of 1868, and chapter 360 of the Laws of 1871 " 

'^An act to amend chspter 180 of the Laws of 1868, entitled 'An act 
to amend an act entitled An act to amend an act to provide for the pres- 
ervation of public health, and for draining overflowed land adjoining 
Black lake and its tributaries, in the counties of St. Lawrence and Jeffer- 
son, and for improving the hydraulic power at Ogdensburg, and the re- 
peal of chapter 735 of the Laws of 1865^ amendatory of chapter 577 of 
the Laws of 1864.'" 

''An act releasing all the right, title and interest of the people of the 
State of New York of, in and to certain lands in the city of Brooklyn, 
in the county of Kings, formerly covered by the waters of New York 
bay." 

"An act to repeal chapter 236 of the Laws of 1861, entitled *An act 
to authorize and establish a jail or lock-up in the village of West Troy, 
in the county of Albany,' and in relation to committals to the police 
station in said village of West Troy." 

Mr. Selkreg, from the committee on poor laws, to which was referred 
the bill entitled "An act to amend chapter 173 of the Laws of 1875, 
entitled *An act lo provide for the better care of pauper and destitute 
children,' " reported in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Moore, from the committee on agriculture, to which was referred 
the bill entitled "An act to protect butter and cheese manufacturers," 
passed May 2, 1864, as amended by chapter 563 of Laws of 1860, reported 
in favor of the passage of the same, and said bill was committed to the 
committee of the whole. 

The President presented the report of the -Canal Investigating Com- 
mission, which was laid upon the table and ordered printed. 

Mr. Woodin moved that said report be referred to the committee on 
printing, for the purpose of inquiring as to how many copies have been 
printed. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

The Assembly sent for concurrence the bill entitled as follows : 

"An act authorizing Jeffrey T. Thomas, assessor of the town of Shel- 
don, county of Wyoming, lo qualify as such during his term of office," 
which was read the firat time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Selkreg asked and obtained leave to intro- 
duce a bill entitled ''An act to amend chapter 511 of the Laws of 1875, 
entitled *An act to authorize the commissioners of the town of Richfoni, 
in the county of Tioga, appointed under and by virtue of chapter 433 of 
the Laws of 1866, to insue bonds, and with the proceeds thereof to pay 
the bonds heretofore issued by said town, under and by virtue of said 
act," which was read the first time, and by unanimous consent was also 
read the second time, and referred to the committee on internal affairs. 

By unanimous consent, Mr. Bradley asked and obtained leave to inUoi 
duce a bill entitled '^An act to authorize the appointment of a clerk to| 
surrogates' courts, and establish his compensation," which was read 
the first time, and by unanimous consent was. also read the second 
time, and referred to the committee on the judiciary. 



Digitized by 



Google 



FxB. 15.] 



103 



By nQanimous consent, Mr. Oerard askeil and obtained leave to intro* 
dace a bill entitled ^^An act relative to the lien of inn-keepers, hotel- 
keepers, and boarding-house keepers/' which was read the first time, and 
by ananiraous consent was also read the second time, and referred to 
the committee on the judiciary. 

The bill entitled **An act to amend chapter 135 of the Laws of 1875, 
entitled ^An act to amend the act entitled An act to provide for the 
promotion of public health, and for draining and reclaiming overflowed 
aod wet lands adjoining Black lake and its tribntaries, in the counties 
of $t. Lawrence and Jefferson, and for improving the hydraulic power 
at Ogdeosbargh, passed May 4, 1864, being chapter 577 of the Laws of 
1864, as amended by chapter 180 of the Laws of 1868 and chapter 800 
of the Laws of 1871,'" was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor 
thereof, and three-6flhs being present, as follows : 

FOB THK AFFIBMATIVB. 



Bixby 
Booth 


Gerard 


Moore 


St. John 


Harris 


Morrissey 


Schoonmoker 


Carpenter 


Jacobs 


Prince 


Selkreg 


Cole 


Loorais 


Robertson 


Wagner 


Coleman 


McCarthy 


Rogers 


Woodin 



21 

Ordered^ That the Clerk deliver said bill to the Assembly, and 
reqaest their concnrrence therein. 

The bill entitled '*An act to amend chapter 180 of the Laws of 1868, 
entitled ^An act to amend an act entitled An act to amend an act to pro- 
vide for the preservation of public health, and for draining overflowed land 
adjoining Black Lake and its tributaries, in the counties of St. Lawrence 
and Jefferson, and for improving the hydraulic power at Ogdensburgh, 
and the repeal of chapter 735 of the Laws of 1865, amebdatory of chap- 
ter 577 of the Laws of 1R64," was read a third time. 

The President put the qnention whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a major- 
ity 01 all the members elected to the Senate voting in favor thereof, and 
three-fifths being present, as follows : 



Bixby 
Booth 


Doolittle 


Gerard 


Carpenter 


Harris 


Cole 


Loomis 


Coleman 


McCarthy 



FOB THK AFFIBMATiyE. 

Moore 
Morrissey 
Prince 
Robertson 
St. John 



Schoonmaker 
Selkreg 
Wagner 
Wellman 
Woodin 20 

Ordered^ ,That the Clerk deliver said bill to the 'Assembly, and 
request their concurrence therein. 

The bill entitled ^'An act to repeal chapter 235 of the Laws of 1861, 
entitled *An act to authorize and establish a jail or lock-up in the vil- 
lage of West Troy, in the county of Albany,' and in relation to com- 
mittals to the police station in said village of West Troy,'' was read a 
third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the a^r^native, a 
[Skhate Journal.] ?6 Digitized by GoOglc 



19* 



[TCTKSDAT, 



majority of all the members electerl to the Senate voting in favor thereof, 
and three-fiflhs being present, as follows : 



Bixbv 
Booth 


Doolitile 


Loomis 


Emerson 


McCarthy 


Bradley 


Gerard 


Moore 


Carpenter 


Hammond 


Morrissey 


Cole 


Harris 


Prince 


Coleman 


Jacobs 


Robertson 



FOR THB AFFIRHATIVR. 

St. John 

Schoonmaker 

Selkreg 

Wagner 

Wellman 

. 23 

Ordere(fy That the Clerk deliver said bill to the Assembly, and 
reqnest their concurrence therein. 

The bill entitled ''An act to provide for a commission to investigate 
the affairs of the Slate prisons of this State, and to prescribe the man- 
ner of such investigation," having been announced toT a third reading, 

On motion of Mr. Bradley, and by unanimous consent, the title was 
amended by inserting, after the words ^^of this State," the words ^'and 
the State Reformatory at Elmira." 

On motion of Mr. Rogers, and by unanimous consent, said bill was 
amended by striking out, in the sixteenth section the words '' shall report 
to the Legislature, and also to the Governor, on or before the 15th day 
of April, 1876, the testimony taken up to that date, together with such 
recommendations in respect to the same as they shall deem warranted 
by the facts, and the said commission." Also the words '^ not included 
in the report above provided for," in same section. 

On motion of Mr. Schoonmaker, and by unanimous consent, said bill 
was amended by striking out the word '^fifteen," in section 15, and 
inserting in lieu thereof the word " twenty." 

Said bill was then read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority of 
of all the members elected to the Senate voting in favor thereof, and three- 
fifths being present, as follows : 



FOR THR AFFIRMATIVB. 



Baaden 

Booth 

Bradley 

Coleman 

Doolittle 

Emerson 



Gerard 


Moore 


St. John 


Hammond 


Morrissey 


Schoonmaker 


Harris 


Prince 


Wagner 


Jacobs 


Robertson 


Wellman 


Loomis 


Rogers 


Woodin 


McCarthy 







22 



Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled **An act to release the interest of the people of the 
State of New York in certain real estate in the city of Brooklyn, to 
Charles Golden," was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, two-thirds 
of all the members elected to the Senate voting in favor thereof, as 
follows : 

FOR THR AFFIRMATIYR. 



Baaden 


Emerson 


McCarthy 


St. John 


Bixby 


Qerar4 


Moore 


Schoonmaker 

Digitized by VjOOQ IC 



Fib. 15.] 



195 



Bradley 

Carpenter 

Cole 

Coleman 

Doolittle 



Hammond 


Morrissej 


Selkreg 


Harris 


Prince 


Wagner 
Wellman 


Jaoobs 


Robertson 


Loomis 


Rogers 


Woodin 



25 



Bnaden 


Hammond 


Moore . 


Carpenter 


• Harris 


Morrissey 


Cole 


Jaoobs 


Prince 


Coleman 


Loomis 


Robertson 


Emerson 


McCarthy 


Rogers 


Gerard 







Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The Assembly bill entitled ^^An act to provide for the payment of a 
prtion or the whole of the bounty debt of the county of Greene, by 
issuing new bonds,* was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, and 
three-fifths being present, as follows : 

St. John 

Schoonmaker 

Selkreg 

Wellman 

Woodin 

21 

Mr. Scboomaker moved to rconsider the vote by which said bill was 
passed. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

On motion of Mr. Schoonmaker, and by unanimous consent, said bill 
was amended as follows : 

Add at the end of § 3 the following : 

'^And bonds redeemed, exchanged, or paid by such treasurer shall be 
cancelled and destroyed by him in the presence of three supervisors of 
paid county, to be appointed by the chairman of the board, and a cer- 
tificate of the bonds so destroyed, containing the numbers and amounts 
of such bonds shall be made and subncribed by such treasurer and super- 
vijiors, and filed in the clerk's office of such county. 

Said bill was then read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, as amended, and it was decided in the affirma- 
tive, a majority of all the members elected to the Senate voting in favor 
thereof, and three-fifths being present, as follows : 



Baaden 

Carpenter 

Cole 

Coleman 

Emerson 

Gerard 



FOS THB AFPIBMATIVE. 

Hammond Moore 

Harris Morrissey 

Jacobs Prince 

Loomis Robertson 

McCarthy Rogers 



St. John 
Schoonmaker 
Selkreg 
Wellman 
Woodin 21 



Order^j That the Clerk return said bill to the Assembly, with 
a memage informing that the Senate have concurred in the passage of 
the same, with an amendment. 

The Assembly bill entitled ^*An act making appropriations for certain 
expenses of government, and supplying deficiencies in former appropria- 
tions, for the fiscal year ending September 30, 1876," was read a third 
time. ><^ I 

/Google 



Digitized by^ 



196 



[TUBSDAT, 



The President pnt the question whether the Senate would agree to the 
^nal passage of said bill, and it was decided in the affirmative, two-thirds 
of all the members elected to the Senate voting in favor thereof : 



FOR THE AFFIRM ATIYB. 



Baaden 


Coleman 


McCarthy 


St. John 


Bixby 


Doolittle 


Moore 


Schoon maker 


Booth. 


Emerson 


Morrissey 


Selkreg , 


Bradley- 


Hammond 


Prince 


Wellman 


Carpenter 


Harris 


Robertson 


Woodin 


Cole 


Loomis 


Rogers 





23 

Ordered^ That the Clerk return said bill to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same, with an amendment. 

The Assembly bill entitled ''An act to amead chapter 80 of the Laws 
of 1870, entitled 'An act to provide for the enrollment of the militia, for 
the organization of the national guard of the State of New York, and 
for the public defense, and entitled the Military Code,*' was read a third 
time. 

The President put the question whether the Senate would agree to the 
final passaore of said bill, and it was decided in the affirmative, a majority 
of all the Senators elected voting in favor thereof, three-^fths being 
present, and two-thirds of all the Senators present concurring therein, as 
follows : 



Baaden 

Bixby 

Booth 

Bradley 

Cole 



FOB THB AFFIBMATIVB. 

Coleman Loomis 

Doolittle McCarthy 

Emerson Moore 

Gerard Morrissey 

Jacobs Prince 



Robertson 
Rogers 
St. John 
Schoonmaker 
Wellman 20 



FOR THE NEOATIVB. 

Selkreg 1 

Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the same. 
Mr. Woodin offered the following : 
Whereas^ It appears that applications for the aid of the national 

fovemment, in the form of money, credit, bonds or indorsements of the 
onds of private corporations, are now pending in the Congress of the 
United States, to an amount exceeding $600,000,000, for the purpose of 
promoting schemes o1^ canals, railroads or other internal improvenoienU, 
the value and utility of which are at least doubtful, and which are not 
demanded for present commercial, military or national reasons ; and, 

WherecLs^ It also appears that important committees of the said Con- 
gress are now seriously considering the propriety of recommending the 
appropriate lefi^islation whereby the United States will be committed to 
a guaranty or indorsement of the interest payments upon the bonds or 
promissory obligations of certain railroad corporations, amounting in 
the aggregate to about $250,000,000 in gold, for the purpose of con- 
structing a railroad line from north-eastern Texas to the Pacifio ocean, 
near the 32d parallel of latitude, with numerous branches thereof, 
amounting to over 3,000 miles, and that this encouragement siven to 
this class of proposals tends constantly to swell the number and extent 



Digitized by 



Google 



FSB.15;] 197 

of 8Qch applications, and ib giving rise to many 8chemeB of like question- 
able character, which have failed to secure the approval of private capi- 
ulistH, and which, hy their combined influence and support, embarrass, 
retard and interfere with the proper subjects of legislation ; be it 

Resolved (If the Assembly concur). That it is unwise, impolitic and 
dangerous, at this time of depressed trade and heavy financial burdens, 
for Congress to embark the country upon such gigantic works, and 
thereby invite other and further demands for national assistance, to the 
detriment of the people and good government, and that our Senators 
and Representatives in Congress }>e requested to use all proper influences 
to counteract and defeat such attempts, and that the Secretary of State 
be instructed to forward without delay a copy hereof to each of them. 

On motion of Mr. Woodin, and by unanimous consent, the rules were 
suspended, in order that said resolution might be considered immedi- 
ately. 

The President'put the question whether the Senate would agree to 
Baid resolution, and it was decided in the affirmative, as follows : 

FOR THE AFFIRMATIVE. 

St. John 

Schoonmaker 

Selkreg 

Tobey 

Wellman 

Woodin 

26 

On motion of Mr. Woodin, and by unanimous consent, the rules were 
raspended, and the Clerk was ordered to deliver said resolution to the 
Assembly immediately and request their concurrence therein. 

Mr. Woodin moved to take irom the table the report of the committee 
on rules. (See page 146 to 153, Journal.) 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

On motion of Mr. Harris, and by unanimous consent, said report 
was amended as follows : 

Rule 16, subdivision 2, strike out the word ** seven,'* and insert the 
word " five." Same rule, subdivision 3, strike out the word *' five," and 
insert the word " seven. '^ 

On motion of Mr. Woodin, and by unanimous consent, said report was 
amended as follows : 

Rule 16, subdivision 24, strike out the words "On charitable and re- 
ligious societies and corporations generally," and insert " Miscellaneous 
C4)rporation8," Rule 26, strike out " 24th," and insert " 23d." 

On motion of Mr. Rogers, and by unanimous consent, said report was 
amended as follows : 

Rale 47, strike out the words ** standing," second occurring therein. 

Also, strike out all after the word ''Assembly," in Rule 25. Also, in 
Rule 30, strike out " 34th," and insert " 33d." 

The President put the question whether the Senate would agree to said 
ii^port, as amended, and it was decided in the afiirmative, as follows : 

FOB THJB AFFIRKALIYE. 



Baaden 


Doolittle 


McCarthy 


Biiby 


Emerson 


Moore 


Booth 


Hammond 


Morrissey 


Bradley 


Harris 


Prince 


Carpenter 


Jacobs 


Robertson 


Cole 


Loomis 


Rogers 


Coleman 







Baaden 


Emerson ' 


McCarthy 


Schoonmaker 


Bixby 


Gerard 


Moore 


Selkreg 

Digitized by VjOOQ IC 



198 [Wkdmbsdat, 

Booth Hammond Morrissey Tobey 

Bradley -Harris Prince Wapner 

Carpenter Jacobs llobertson Wellman 

Cole Loomis liogers Woodin 
Doolittle 25 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

"An act in relation to county treasurera." 

*'An act to authorize the Patriot Orphan Home to convey certain real 
estate." 

"An act relating to the payment of assessments for local improvements 
in the city of New York.'' 

Ailer some time spent therein the President resumed the chair, and 
Mr. Carpenter, from said committee, reported progress on the first 
named bill, and asked and obtained leave to sit again. 

Mr. Carpenter, from the same committee, reported in favor of the 
passage of the second named bill, which report was agreed to, and the 
same ordered engrossed for a third reading. 

Mr. Carpenter, from the same committee, reported in favor of the passage 
of the last named bill, with amendments, which report was agreed to, and 
the same ordered engrossed for a third reading. 

On motion of Mr. Hammond, the Senate adjourned. 



WEDNESDAY, FEBRUARY 16, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

The President presented a resolution of the common council of the city 
of New York, for the restoration to the board of aldermen of the power 
to confirm or reject nominations of the mayor of said city ; which was 
read and referred to the committee on the affairs of cities. 

Also, a resolution of the common council of the city of New York, 
requesting the enactment of a law providinj^; that all back taxes may be 
discharged on payment of the same at seven per cent interest^ within 
one year alter the passage of the law ; which was read and referred to 
the committee on the affairs of cities. 

Also, a communication from the Orand Inquest of the county of New 
York, relative to a presentment made to the court of General Sessionb ; 
which was read and referred to the committee on the judiciary. 

Mr. Moore presented a petition of citizens of Potsdam, in the ooanty 
of St. Lawrence, for the repeal of the law exempting; clergymen, church 
property and private schools from taxation; which was read and re- 
ferred to the committee on finance. 

Mr. Woodin, from the committee on the affairs of cities, to whioh was 
referred the bill entitled "An act to repeal an act entitled *An act in re- 
lation to the opening, widening and extending of streets, aveDues and 



Digitized by 



Google 



Fee 16.] 199 

public places in the city of New York,' passed May 20, 1869," reported 
in favor of the passage of the same, and said bill was committed to the 
committee of the whole. 

Mr. Woodiii> from the committee on the affairs of cities, to which was 
referred the bill entitled ^'An act to farther amend chapter 551 of the 
Laws of 1865, entitled *An act to incorporate the city of Newburgh ;' 
also, to amend chapter 551 of the Laws of 1872 ; also, to amend chapter 
326 of the Laws of 1875, entitled *'An act to amend an act entitled An 
act to incorporate the city of Newburgh,' " reported in favor of the pjis- 
sageoftbe same, and said bill was committed to the committee of the whole. 
Mr. Woodin, from the committee on the affairs of cities, to which was 
recommitted the Assembly bill entitled ^^An act to provide for the em- 
ployment of convicts and panpers under the control of the Commission- 
ers of Publio Charities and Correction of the city and county of New 
York, and the Commissionei-s of Public Charities of the county of 
Kings," reported in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 
Mr. Morrissey dissenting. 

Mr. Woodin, from the committee on the affiiirs of cities, to which was 
referred the Assembly bill entitled ''An act to amend chapter 86 of the 
Laws of 1873, entitled *An act to provide for a supply of water in the 
city of Yonkers,* passed February 28, 1873," reported in favor of the 
passage of the same, with amendments, and said bill was committed 
to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the Assembly bill entitled "An act to authorize the common 
coaocil of the city of Brooklyn to establish and maintain public baths 
in said city," reported in favor of the passage of the same, and said 
bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the concurrent resolution proposing an additional section to the 
sixth article of the Constitution, consolidating the Court of Common 
Pleas, the Superior Court and the Supreme Court, in the city of New 
York, reported in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled ''An act to repeal chapter 327 of the Laws of 
1874, entitled ^An act to suppress intemperance, and to regulate the sale 
of intoxicating liquors, in the county of Westchester,' " reported in favor 
of the passage of the same, and said bill was committed to the commit- 
tee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled *'An act to amend chapter (536 of the 
Laws of 1873, entitled *An act to provide for the appointment of a 
reconler and collector in the village of Plattsburgh, and to provide for 
the pavement of certain streets in said village,' passed May 28, 1873," 
reported in favor of the passage of the same, with amendments^ and the 
Utle amended so as to read ^^An act to amend chapter 636 of the Laws 
of 1873, entitled 'An act to provide for the appointment of a recorder 
and collector in the village of Plattsburgh, and to provide for the pave- 
ment of certain streets in said village,'" and said bill was committed to 
the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
recommitted the Assembly bill entitled "An act to amend § 44, article 4, 

Digitized by VjOOQ IC 



200 [WiCDHESJDAT, 

title 6, chapter 5, part 1 of the Revised Statates/' reported in favor of 
the passage of the same, with amendments, and th^ title amended so aa 
to read '^An act to amend §§ 44 and 48, article 4, title A, uhaptei^ 5, part 
1 of the Revised Statutes, relative to removal of county omcerB,-' and 
said bill committed to the committee of the whole. 

The President presented the rt*port of the commissioners to revise the 
statutes, submitting to the Legislature the accompanying draft of a tem- 
porary act, which was read and referred to the committee on the 
judiciary. 

By unanimous consent, Mr. Bradley asked and obtained leave to intro- 
duce a bill entitled '^An act to legalize the official acts Charles M. Johns- 
ton, a justice of the peace of the town of Cameron, Steuben county," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Kennaday asked and obtained leave to 
introduce a bill entitled '^An act in relation to the Shelter Island Grove 
and Camp Meeting Association of the Methodist Episcopal Church," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on miscellaneous cor- 
porations. 

By unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled ''An act to create a board of railroad commissioners, 
and to regulate their powers,'' which was read the first time, and by 
unanimous consent was also read the second time, and referred to tlie 
committee on railroads. 

By unanimous consent, Mr< Emerson asked and obtained leave to intro- 
duce a bill entitled ''An act authorizing the adjudication and settlement 
of certain claims arising out of the defalcations of the late treasurer of 
Monroe county, with this State and the said county," which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on the judiciary. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows: 

^'An act relating to the payment of assessments for local improve- 
ments in the city of New York." 

"An act to authorize the Patriot Orphan Home to convey certain real 
estate." 

The bill entitled "An act releasing all the right, title, and interest of 
the people of the State of New York of, in and to certain lands in 
the city of Brooklyn, in the county of Kings, formerly covered by the 
waters of New York bay," was read a third time. 

The President put (the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, two 
thirds of all the members elected to the Senate voting in favor thereof, 
as follows : 

FOB THS AFFIBMATIVX. 

Bixby Doolittle Loomis Selkres^ 

Booth Emerson McCarthy Vedder 

Bradley Gerard Moore Wagner 

Carpenter Han-is Robertson Wellman 

Cole Jacobs Rogers Woodin 

Coleman Kennaday Schoonmaker 28 

Ordered f That the Clerk deliver said bill to the Assembly, and request 
their concurrence ther^>n. ^^ , 

Digitized by VjOOQ IC 



Fbb. 16.] 



201 



Gerard 


McCarthy 


Schoon maker 


Harris 


Moore 


Ved<]er 


Jacobs 


Prince 


Wagoner 


Eennaday 


Robertson 


Wellman 


Lootnis 


Rogers 


Woodin 



The bill entitled *'An act to authorize the Patriot Orphan Home to 
convey certain real estate," was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, as fol- 
lows : 

FOR THE AFFIRMATIVE. 

Bixby 
Booth 

Carpenter 
Cole 

Coleman 

Doolittle 21 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled ''An act relating to the payment of assessments for 
local improvements in the city of New York,'' was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fiflhs being present, as follows : 

FOB THB AFFIRMATIVE. 

Rogers 

Schoonmaker 

Wagner 

Wellman 

Woodin 

28 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

Mr. Bradley moved to take from the table the resolution in the words 
following : 

Hesolvedf That the preamble and resolutions recently adopted by the 
Senate, of which the following is a copy, be addressed to the Oovernor 
and transmitted to him : 

ffhereaSj Francis S. Thayer resigned the office of Auditor of the 
Canal Department on the 1 1th of January ; and 

Whereasj His Excellency the Governor, on the 13th of January, 
nominated to the Senate Geo. W. Schuyler, in place of Francis S.Thayer, 
reaifipaed, which nomination was duly rejected ; and, 

WhereaSf The Senate is informed that, notwithstanding this judgment 
and action of the Senate, the person thus rejected is assuming to act as 
Auditor; therefore, with a view to nuch action as may be necessarv, 

jRe$olvedf That it is the judgment of the Senate that the office of 
Auditor of the Canal Department became vacant by the resignation of 
Francis S. Thayer, and remains vacant until duly filled by a lawful 
appointment, upon the recommendation of the Governor and confirma- 
tiqn of the Senate. 

Resolved^ That it is the further judgment of the Senate that the pub- 
lic interests require that the office of Auditor of the Canal Department 
should be filled without delay, 



Bixby 
Booth 


Doolittle 


Kennaday 


Emerson 


Loomis 


Bradley 


Gerard 


McCarthy 


Carpenter 


Hammond 


Moore 


Cole 


Harris 


Prince 


Coleman 


Jacobs 


Robertson 



[Senatk Journal.] 



9« 



Digitized by 



Google 



202 



[Wbon«sj>ay, 



The PresideDt put the question whether the Senate would agree to said 
motion, and it was decided in the negative, as i'oUowB : 



FOB THE APFIRMATIVB. 



Bixby 

Bradley 

Emerson 



Gerard 
Hammond 



Jacobs 
Kennaday 



Loomis 
Schoonmaker 



9 



FOR TUB NEGATIVB. 



Baaden Coleman Moore Wagner 

Booth Doolittle Prince Wellraan 

Carpenter Harris Robertson Woodin 

Cole McCarthy Eogers 15 

Mr. Bixby offered the following : 

Jiesoloed, That the committee on the judiciary be discharged from the 
further consideration of a bill entitled "An act in relation to the court of 
general sessions of the peace in and for the city and county of New 
York," and that said bill be committed to the committee on the affaira 
of cities. 

Mr. Robertson moved that said resolution be laid upon the table. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the afHrmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bill entitled 
as follows : 

Assembly, '*An act to enable the electors of the town of Sherburne to 
vote upon the question of accepting a certain bequest." 

After some time spent therein, the President resumed the chair, and 
Mr. Bixby, from said committee, reported in favor of the passage of 
the said named bill, which report was agreed to, and the same ordered 
to a third reading. 

The Assembly sent for concurrence a resolution in the words following : 

Jiesoloed (if the Senate concur). That when this Legislature adjourns 
on Friday, February 18, it be to meet on Wednesday evening, February 
23d, at 1i o'clock. 

On motion of Mr. Woodin, and by unanimous consent, the rules were 
suspended, in order that said resolution might bo considered immediately. 

Mr. Woodin moved to amend the resolution by striking out the words 
"Wednesday, February 23d," and inserting the words *' Monday Feb- 
ruary 28th." 

The President put the question whether the Senate wortld agree to 
said motion, and it was decided in the affirmative. 

The President then put the question whether the Senate would agree 
to fitaid resolution, as amended, and it was decided in the affirmative, as 
follows : 

FOR THE AFFIBMA.TiyB. 

Baaden Carpenter Gerard 

Bixby Cole Kennaday 

Booth Coleman Loomis 

Bradley Doolittle Moore 

FOR TUB NBGATIVB. 

Emerson Jacobs Robertson 

Hammond McCarthy St. Johii 

Harris Prince 



Rogere 
Vedder 
Wellman 
Woodin 



Schoonmaker 
Wagoer 



10 



10 



Digitized by 



Google 



Feb. 16,] 203 

Ordered^ That the Clerk return said resolution to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same, with an amendment. 

The Assembly returned the following entitled bills, with a message 
that they had concurred in the passage of the same. 

"An act to amend chapter 520 of the Laws of 1870, entitled *An act 
to establish and maintain a police force in the city of Troy,' and to 
increase the powers and duties of the police commissioners of said city." 

"An act to release the interest of the people of the State of New 
York in certain real estate to Jasper Robertson. 

Ordered^ That the Clerk deliver said bills to the Governor. 

The Assembly returned the concurrent resolution requesting Senators 
and Representatives in Congress from this State to "counteract and 
defeat'' any attempt to commit the United States to a guaranty or in- 
dorsement of any bonds of private corporations, for* promoting schemes 
for canals, railroads, or other internal improvements, with a message 
that they had concurred in the passage of the same. 

Ordered^ That the Clerk deliver said resolution to the Secretary of State. 

The Assembly returned the following entitled bill, with a message that 
they had concurred in the amendments of the Senate thereto : 

"An act making appropriations for certain expenses of government, 
and supplying deficiencies in former appropriations, for the fiscal year 
ending September 30, 18Y6." 

Ordered^ that the Clerk return said bill to the Assembly. 

Mr. Bradley moved to take from the table the resolution in the words 
following : 

Resolved (If the Assembly concur), That the Legislature adjourn 
sine die^ Friday, 17th day of March, 1876. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the negative, as follows : 

FOB THE AFFIRMATIVE. 

Bradley Jacobs Rogers Schoonmaker 

Gerard Kennaday St. John Wagner 

Hammond Loomis 10 

FOR THE NEGATIVE. 

Baaden Coleman McCarthy Vedder 

Booth Doolittle Moore Wellman 

Carpenter Emerson Robertson Woodin 

Cole Harris 14 

Mr. Hammond moved that the Senate resume the consideration of 
general orders. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bill enti- 
tled as follows : 

**An act in relation to county treasurers." 

After some time <pent therein the President resumed the chair, and 
Mr. Carpenter, from said committee, reported progress on the said 
named bill, and asked and obtained leave to sit again. 

The hour of twelve o'clock having arrived, the Senate went into exec- 
utive session ; and^ after son^e time spent therein, the doors were opened. 



Digitized by 



Google 



204 [Thubsi>at, 

and the Senate again resolved itself into a committee of the whole upon 
the bill entitled as folio wis : 

"An act in relation to county treasurers," 

Afler some time spent therein the President resumed the ohair, and 
Mr. Carpenter, from said committee, reported progress on the said 
named bill, and asked and obtained leave to sit again. 

On motion of Mr. Harris^ the Senate adjourned. 



THURSDAY, FEBRUARY 17, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Carpenter, from the committee on the affairs of villages, to which 
was referred the Assembly bill entitled ^^An act to authorize the trustees 
of the village of Nelsonville, Putnam county, to qualify as such," 
reported in favor of the passas^e of the same, and said bill was committed 
to the committee of the whole. 

Mr. Gerard presented a petition of citizens of New York, for the repeal 
of all laws relating to the re-organization of the New York State Ine- 
briate Asylum; which was read and referred to the commttee on 
finance. 

The Assembly returned the Assembly bill entitled "An act to provide 
for the payment of a portion of the whole of the bounty debt of the 
county of Greene, by issuing new bonds," with a message that they had 
non concurred in the amendment of the Senate thereto, and request a 
committee of conference thereon, and have appointed a committee on 
their part consisting of Messrs. Strahan, McKee, Graff, Morss and Tabor. 

Mr. Schoonmaker moved to non-concur in the request for a committee 
of conference, and that the Senate recede from its amendment to the said 
bill. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the afiirtnative, as follows : 

FOB THE AFFIRMATIVE. 



Baaden 


Emerson 


Moore 


Selkreg 


Bixby 


Gerard 


Mo'rissey 


Starbuck 


Carpenter 


Harris 


Robertson 


Vedder 


Cole 


Jacobs 


Rogers 


Wagner 


Coleman 


Loomis 


St. John 


Well man 


Doolittle 


McCarthy 


Schoonmaker 


Woodin 



24 

Ordered^ That the Clerk return said bill to the Assembly with a message 
informing that the Senate have receded from their Amendment thereto. 

The Assembly returned the bill entitled ^'An act to fix the compensa- 
tion of the overseer of the poor of the town of Rhinebeck, in Dutchess 
county,'* with a message that they had passed the same with the follow- 
ing amendment : 



Digitized by 



Google 



Feb. i7.] 



205 



§ 1, line 1, after the word "of," strike out the word "the," and insert 
the word "every," in lieu thereof. 

§ 1, line 2, after the word " poor," strike out the word " of," and insert 
the words in lieu thereof, " hereafter elected in." 

The President put ttie question whether the Senate would agree to 
oooeur in said amendment, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof 
and three-fifths of said members being present, as follows : 



FOB THB AFFIBMATIVE. 



Baaden 

Bixby 

Bradley 

Carpenter 

Coie 

Coleman 

Doolittle 



Emer8on 

Hammond 

Harris 

Jacobs 

Kentiaday 

Loomis 

McCarthy 



Moore 


Selkreg 


Morrissey 


Starbuck 


Prince 


Vedder 


Robertson 


Wagner 


Rogers 
St. John 


Wellman 


Woodin 


Schoonmaker 





27 



Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage inibrming that the Senate have concurred in their amendment. 

By unanimous consent, Mr. Loomis asked and obtained leave to intro- 
duce a bill entitled ^^An act in relation to the surplus funds of the town 
of TJnadiila, in Otsego county," which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on internal affairs. 

By unanimous consent, Mr. Baaden asked and obtained leave to intro- 
dace a bill entitled ''An act to amend an act entitled 'An act to create a 
Metropolitan Sanitary District and Foard of Health' therein, for the 
preservation of life and health, and to prevent the spread of disease,' 
passed February 26, 1866" (chapter 74, Laws of 1866), which was read 
the iirst time, and by unanimous consent was also read the second time, 
and referred to the committee on public health. 

By unanimous consent, Mr. Baaden asked and obtained leave to intro- 
duce a bill entitled "An act to incorporate the Great Tribe of the Inde- 
pendent Order of Red Men of the State of New York," which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on charitable and religious societies. 

By unanimous consent, Mr. Kennaday asked and obtained leave to intro- 
duce a bill entitled "An act to extend the time within which the Brook- 
lyn Guaranty and Indemnity Company, a corporation created under 
chapter 481 of the LawH of 1874, may commence the transaction of its 
business," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on banks. 

By unanimous consent, Mr. Prince atiked and obtained leave to mtro- 
doce a bill entitled "An act to provide for the maintenance, support and 
government of the poor in Queens county," which was read the first time, 
and by unanimous consent was also read the second time, and referred to 
the committee on poor laws. 

By unanimous consent, Mr. Robertson asked and obtained leave to 
introduce a bill entitled "An act to amend chapter 59 of the Laws of 
1868, entitled 'An act to establish the ofiice of receiver of taxes in the 
town of Greenburgh, in the countv of Westchester, State of New York," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 



Digitized by 



Google 



Baadea 


Harris 


Bixby 

Coleman 
Doolittle 


Jacobs 

Kennaday 

Loomis 


Gerard 
Hammond 


McCarthy 
Moore 



206 . I Thursday, Feb. lY.] 

The Assembly bill entitled "An act to amend chapter 83 of the Laws 
of 1869, entitled *An act to provide for the improvement of Grass river, 
and of the water power thereon, and to check freshets therein,' passed 
March 31, 1869," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 

FOB THE AFFIBICATIVB. 

Mbrrissey Starbuck 

Prince Vedder 

Robertson Wagner 

Rogers Well man 

St. John Woodin 23 

Selkreg 

Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the same, 
with an amendment. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

"An act in relation to county treasurers." 

Assembly, "An act to amend §§ 44 and 48, article 4, title 6, chapter 
6, part 1 of the Revised Statutes, relative to removal of county officers." 

"An act to amend part 1, chapter 11, title 3, article 2, §§ 21 and 22 of 
the Revised Statutes, in relation to constables." 

After some time spent therein the- President resumed the chair, and 
Mr. Carpenter, from said committee, reported progress on the first named 
bill, and asked and obtained leave to sit again. 

Mr. Woodin moved that said bill be recommitted to the committee on 
the judiciary, retaining its place on general orders. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Carpenter, from the same committee, reported progress on the 
second named bill, and asked and obtained leave to sit again. 

Mr. Carpenter, from the same committee, reported in favor of the pas- 
sage of the last named bill, which report was agreed to, and the same 
ordered engrossed for a third reading. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled ns follows : 

"An act to authorize the presiding judge or justice of courts of oyer 
and terminer to grant new trials." 

"An act in relation to evidence in criminal cases." 

Afler some time spent therein, the President resumed the chair, and 
Mr. Lament, from said committee, reported in favor of the passage of 
the first named bill, which report was agreed to, and the same ordered 
engrossed for a third reading. 

Mr. Lament, from the same committee, reported in favor of the passage 
of the last named bill, with amendments, which report was agreed to, 
and the same ordered engrossed (or a third reading. 



Digitized by 



Google 



FRn)iY,FKR 18.] 201 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly eogrossed the bill entitled as follows : 

"An act to fix the compensation of the overseer of the poor of the 
town of Rhinebeck, in Dutchess county/' 

Mr. Loomis, from the committee on public printing, to which was 
referred the matter of printing the report of the Canal Investigating 
Comraission, reported that the committee have had the same under con- 
sideration, and have directed their chairman to make the following 
report ; 
The undersigned committee on printing, to whom was referred the 
• matter of printing the report of the Canal Investigating Commission, 
with the testimony taken by them, respectfully report; that said report, 
as printed, is not properly numbered and prefaced, and is not bound, and 
is not printed in sufficient numbers to conform to the rule. We, there- 
fore, recommend that 800 copies of said report and testimony be printed 
in the usual way for the use of the Legislature. 
Dated February 17, 1876. 

W. WAGNER, 
B. DOOLirrLE, 
D. P. LOOMIS, 

Committee. 

Mr. Rogers moved that said report be laid upon the table. 
The President pat the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 
On motion of Mr. Tobey, the Senate adjourned. 



FRIDAY, FEBRUARY 18, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Loomis presented a petition of tax-payers of the town of German 
Flats, that election district number one of said town be made a separate 
excise district ; which was read and referred to the committee on inter- 
oai affairs. 

Mr. Selkreg presented three petitions of members of the medical 
profession in the city of New York, for the repeal of all laws relating 
to a re-organization of the State Inebriate Asylum ; which were read and 
referred to the committee on finance. 

Mr, Starbnck presented two remonstrances of the judges and lawyers 
of Lewis county, and also Jefferson county, against redistricting the 
Stale; which were read and n^ferred to the committee on the judiciary. 

By unanimous consent, Mr. Woodin offered the following: 

Bttohed (if the Assembly concur). That when the Senate adjourn this 
day, it adjourn to meet on Monday evening, at 7^ o'clock, February 28th. 
And that when the Assembly adjourns to-day, it adjourns to meet on 
Wednesday, February 23d, at 1i p. m. 

Digitized by VjOOQ IC 



208 



[FniOAYf 



The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative^ as follo)^s: 



Baaden 

Bixby 

Carpenter 

Cole 

Coleman 



Bradley 
Emerson 



FOR THE AFFIRHATIYB. 

Doolittle Loomis 

Gerard McCarthy 

Jacobs Moore 

Ken naday M orri ssey 

Lament Rogers 

FOA THE NEGATIVE. 

Hammond Prince 

Harris Robertson 



Selkreg 

Starbuck 

Vedder 

Wellman 

Woodin 



St. John 
Schoonmaker 



20 



On motion of Mr. Woodin^ and by unanimous consent, the rules were 
suspended, and the clerk was ordered to deliver said resolution to the 
Assembly immedia^tely, and request their concurrence therein. 

Mr. Woodin, from the committee on engrossed bills, reported as oor- 
recti y enc^rossed the bills entitled as follows : 

''An act to amend part 1, chapter 11, title 3, article 2, §§ 21 and 22, 
of the Revised Statutes, in relation to constables.'* 

"An act to authorize the presiding judge or justice of courts of oyer 
and terminer to grant new trials." 

"An act in relation to evidence in criminal cases.*' 

Mr. Woodin, from the committee on the aifaira of cities, to which was 
referred the bill entitled "An act to secure more reliable and complete 
information concerning the financial and social condition of the several 
cities and villages of this State," reponed in favor of the passage of the 
same, and said bill was committed to the committee of the whole. 

Mr. Emerson, from the committee on public health, to which was 
referred the bill entitled "An act to amend chapter 817, entitled 'An act 
to regulate the practice of pharmacy and sale of poisons in the city and 
county of New York,' passed May 22, 1872," with power to report 
complete, reported the same complete, with amendments, and said bill 
was ordered to a third reading. 

Mr. Robertson, from the committee on the judiciary, to which wa« 
referred the bill entitled "An act to amend chapter 50 of the Laws of 
1808, entitled 'An act to establish the office of receiver of taxes in the 
town of Greenburgh, in the county of Westchester, State of New 
York,' " reported in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to amend an. act entitled 'An act to 
facilitate the re-organization of railroads sold under mortsfage, and pro- 
viding for the formation of new companies in such cases,' passed May 
11th, 1874," reporttd in favor of the passage of the same, with amend- 
ments, and the title amended so as to read, "An act to amend chapter 
430 of the Laws of 1874, entitled 'An act to facilitate the re-organization 
of railroads sold under mortgage, and providing for the formation of 
new companies in such cases,'^and said bill was committed to the com- 
mittee of^ the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to amend chapter 821 of the Laws of 
1873, entitled 'An act to amend an act entitled An act to amend an act 
entitled An act for the benefit of married women, in insuring the lives 



Digitized by 



Google 



Fkbl 18.] 209 

of their hnBband^y passed April 14, 1858,^ passed April IS", 1870/ 
reported in favor of the passage of the same, with amendments, and said 
bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the petition of Wm. Laimbeer, praying that tfames N. Gerard 
may be declared ineligible to the office of Senator, for the reason that he 
was an inspector of common schools in the city of New York at the 
time of his election, and'that the seat which he occupies' may be awarded 
to the petitioner, reported adversely thereto, and recommend the adop- 
tioo of the following preamble and resolution : 

Whereaa^ In the Judgment of the Senate, an inspector of common 
schools in the city of^ New York is not an officer under the city govern- 
ment within the meaning of the 8th section of the third article of the 
Constitution of this State ; therefore, ' 

Resolvedy That the prayer of the petitioner be denied. 

The President put the (juestion whether the Senate would agree to 
said report, and it was decided in the af^rmative. 

Mr. Prince, from the committee on miscellaneous corporations, to 
which was referred the bill entitled ^'An act to extend the provisions of 
the act, chapter 881, of the Laws of 1875, entitled ^An act supplemental 
to an act entitled An act to provide for the incorporation of religious 
societies,' passed April 5, 1813, and of the several acts amendatory there- 
of," reported in favor of the passage of the same, with amendments, and 
the title amended so as to read ^'An act supplemental to chap. 60, Laws 
of 1813, entitled 'An act to provide for the incorporation of religious 
societies,* and of the several acts amendatory thereof," and said bill was 
committed to the committee of the whole. 

Mr. Prince, from the committed on miscellaneous corporations, to 
which was referred the bill entitled "An act supplemental to chapter 60 
of the Laws of 1813, entitled ^An act to provide for the incorporation of 
religious societies, and the acts supplementary thereto/ " reported in 
favor of the passage of the same, with amendments, and said bill was 
committed to the committee of the whole. 

Mr. Piince, from the committee on miscellaneous corporations, to 
which was referred the Assembly bill entitled "An act to provide for 
the reporting of persons in the various benevolent institutions of this 
State,'' reported in f;ivor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Vedder, from the committee on internal affairs, to which was 
referred the bill entitled ^'An act to amend chapter 721 of the Laws of 
1871, entitled 'An act to amend and consolidate the several acts relating 
to the preservation of moose, wild deer, birds and fish,' passed April 26, 
1871," reported in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Vedder, from the committee on internal affairs, to which was 
referred the bill entitled "An act to amend chapter fill of the Laws of 
1875, entitled 'An act to authorize the commissioners of the town of 
Richford, in the county of Tioga, appointed under and by virtue of 
chapter 433 of the Laws of 1866, to issue bonds, and with the proceeds 
thereof to pay the bonds heretofore issued by said town, under and by 
virtue of said act,' " reported in favor of the passage of the same, and 
said bill was committed to the committee of the whole. 

Mr. Vedder, from the committee on internal affairs, to which was 

referred the bill entitled "An act to provide for the reporting of person? 

[Senatb Journal.1 27 ,,g,^^, by GoOglc 



210 [Friday, 

in the various State benevolent institutions of this State," reported in 
favor of the passage of the same, and said bill was committed to the 
committee of the whole. 

The Assembly sent for concurrence a resolution in the words fol- 
lowing : 

Jiesolved (if the Senate concur), That article IX of the Constitution 
be amended by tfee addition of the following sections: 

§ 2. The State shall maintain a system of comdion schools, which shall 
be free forever. The Legislature shall provide for the instruction in the 
branches of rudimentary education, for the period of at least twenty- 
eight weeks in each year, of all persons in the State between the ages of 
five and twenty-one years, by annually raising therefor, by tax upon the 
real and personal estate in the respective counties, a sum of not less than 
three million of dollars. 

,§ 3. Neither the money nor the credit of the State, nor of any county, 
town or municipal corporation, shall be given or loaned to, or be other- 
wise applied to the support of, any school or schools under the control 
' of any religious sect or denomination, or to any school or schools not 
wholly the property of the State, or of the county, city, town or village 
in which they are located. 

Resolved (if the Senate concur), That the foregoing amendment be 
referred to the Legislature to be chosen at the next general election of 
Senators, and that in conformity with section one of article thirteen of 
the Constitution, it be published for three months previous to the time 
of such election. 

Ordered^ That said resolution be laid upon the table. 

The Assembly returned the bill entitled ^'An act to fix the compensa- 
tion of the overseer of the poor of the town of Rhinebeck, in Dutchess 
county." 

Ordered, That the Clerk deliver said bill to the Governor. 

The Assembly sent for concurrence the bill entitled as follows : 

''An act to extend the time for the collection of taxes in the village of 
Edgewater, and for advertising the sale of lands for unpaid taxes in said 
village," which was read the first time, and by unanimous consent was 
also read the second time. 

On motion of Mr. Prince, and by unanimous consent, the rules were 
suspended, and said bill was read a third time. 

The President put the question whether the Senate would agree t;o the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, and three- 
fifths of said members being present, as follows : 

FOR THB AFPIRMATIVB. 



Baaden 


Jacobs 


Bradley 


Kennaday 


Carpenter 


Loomis 


Cole 


McCarthy 


Doolittle 


Moore 


Hammond 





Morrissey 


Selkreg 


Prince 


Slarbuck 


Ilobertson 


Vedder 


Rogers 


Wellman 


St. John 


Wood in 



21 

Ordered^ That the Clerk return said bill to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled ''An act to amend g 31 of title 2 ot article 3 of chap- 
Digitized by VjOOQ IC 



Fbb. 18.J 211 

ter3I of the Revised Statnteo, relAtinor to the equalization of asseas- 
ments,'' which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on finance. 

Bj nnanimous consent, Mr. Baaden asked and obtained leave to intro- 
duce a bill entitled ''An act in relation to the district courts in the cily 
of New York," which was read the first time, and hj unanimous con- 
sent was also read the second time, and referred to the committee on 
the judiciary. 

By unanimous consent, Mr. Sohoonmaker asked and obtained leave to 
introduce a bill entitled '^An act to amend chapter 3, part 2 of the 
Revised Statutes, in relation to the recording of mortgages," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Sohoonmaker asked and obtained leave to 
introduce a bill entitled '*An act to facilitate the settlement of bills of 
exception in criminal actions," which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on the judiciary. 

By unanimous consent, Mr. Harns asked and obtained leave to intro- 
duce a bill entitled ^'An act to amend chapter 11 of the Laws of 1870, 
entitled 'An act to amend the act to combine into one act fthe several 
acts relating to the city of Ali)any,' passed April 12, 1842, and the sev- 
eral acts amendatory thereof, in bo far as they relate to the city of 
Albany," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the affairs 
of cities. . 

Bj unanimous consent, Mr. Harris asked and obtained leave to intro- 
dace a bill entitled "An act to build a sewer along Beaver creek, in the 
city of Albany," which was read the first time, and by nnanimous con- 
sent was also read the second time, and referred to the committee on the 
afGe^irs of cities. 

By unanimous consent, Mr. Harris asked and obtained leave to Intro* 
dace a bill entitled "An act in relation to certain streets in the city of 
Albany," which was read the first time, and by unanimous consent was 
also r«ftd the second time, and referred to the committee on the affairs 
of cities. 

By nnanimous consent, Mr. Harris asked and obtained leave to intro- 
duce a bill entitled "An act to amend an act entitled 'An act to incor^- 
porate the village of Green Island, and for other purposes," which was 
read the first time, and by .unanimous consent was also read the second 
time, and referred to the committee on the affairs of villages. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled "An act to amend § 27 of article 2, title 4, chapter 
5, part 1 of the Revised Statutes, in relation to coroners," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the judiciary. 

By •unanimous consent, Mr. VVellman asked and obtained leave to intro- 
duce a bill entitled "An act to legalize and confirm the official acts of 
Charles A. Dolson, as notary public in the county of Allegany," which 
was read the first time, and by nnanimous consent was also read the 
second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Doolittle asked and obtained leave to 
introduce a bill entitled "An act to authorize the common council of the 
city of Oswego to assess, levy and collect an additional contingent fund 

Digitized by VjOOQ IC 



212 [Pbiday, 

for the year 1876, and to prescribe the manner in which the voters of 
said city shall signify their assent thereto," was read the first time, and 
by unanimous consent was also read the second time. 

On motion of Mr. Doolittle, and by unanimous consent, the rales were 
suspended and said bill was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the aflirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fiflhs being present, as follows : 

FOB THB AFFIBMATIVB. 

Bixbv Coleman Jacobs Morrissey 

Booth Doolittle Kennaday St. John 

Bradley Emerson Loomis Selkreg 

Carpenter Gerard McCarthy Wellman 

Cole Hammond Moore Woodin 20 

FOB THE NEGATIVE. 

Robertspn Schoonmaker Starbnck Vedder 

Rogers 5 

Ordered) That the Clerk' deliver said bill to the Assembly, and request 
their concurrence therein. 

By unanimous consent, Mr. Loomis asked and obtained leave to intro- 
duce a bill entitled ^*An act constituting the first election district in the 
town of German Flats, in the county of Herkimer, a separate excise 
district, and authorizing the election of commissioners of excise thereon," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on internal a^airs. 

By unanimous consent, Mr. Rogers asked and obtained leave to intro- 
duced a bill entitled *^An act to amend chapter 140 of the Laws of 1850, 
entitled 'An act to amend an act to authorize the formation of railroad 
corporations and to regulate the same,' passed April 2, 1850," which 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the committee on railroads. 

By unanimous consent, Mr. Starbuck asked and obtained leave to intro- 
duce a bill entitled ''An act to amend chapter 423 of the Laws of 1875, 
entitled 'An act to regulate investments by insurance companies,' passed 
May 24, 1875,'" which was read the first time, and by unanimous con- 
sent was also read the second time, and referred to the committee on 
insurance. 

The Assembly returned the concurrent resolution relative to adjourn- 
inent of the Senate until Monday, February twenty-eighth, and of the 
Assembly to Wednesday, February' twenty-third, with a message that 
they had concurred in the same without amendment. 

The bill entitled "An act to amend part 1, chapter II, title 3, article 
2, sections 21 and 22 of the Revised Statutes, in relation to constables," 
was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
Df all the members elected to the Senate voting in favor thereof, as 
follows : 

FOB THE AFFIRMALIVB. 

Booth * Gerard Loomis Schoonmaker 

Bradley Haninion^ McCarthy Selkreg 

Digitized by VjOOQ IC 



FeblIS.] 



213 



Carpenter 


Harris 


Prince 


Starbuck 


Cole 


Jacobs 


Robertson 


Wellman 


Coleman 


Kennaday 


St. John 


Woodin 


Emerson 


LamoDt 







22 

Ordered, That the Clerk deliver said bill to the Assembly^ and request 
their concurrence therein. 

The bill entitled ^*An act to authorize the presiding judge or justice of 
courts of oyer and terminer to grant new trials," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof^ 
as follows : 



Booth 


Emerson 


Bradley 


Gerard 


Carpenter 


Hammond 


Cole 


Jacobs 


Coleman 


Eennaday 


Doolittle 


Lament 



FOR THB AFFIBMATTVB. 

Loomis 

McCarthy 

Moore 

Robertson 

Rogers 

St. John 



Scboonmaker 

Selkreg 

Starbuck 

Vedder 

Woodin 



28 

Ordered, That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled ''An act in relation to evidence in criminal cases," was 
read a third time. 

The President put the question whether the Senate would agree to 
the final passage uf said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
as follows : 



FOR THB AFFIRHATIVB. 



Bixby 

Booth 

Carpenter 

Cole 

Coleman 



Doolittle 

Gerard 

Kennaday 

Lamont 

Loomis 



McCarthy 
Moore 
Morrissey 
St. John 



Schoonmaker 
Selkreg 
Starbuck 
Woodin 



18 



' FOB THB NBQATIVB. 

Bradley Emerbon 2 

Go motion of Mr. Starbuck and by unanimous consent, the rules were 
suspended, and the Clerk was ordered to deliver said bill to the Assem- 
bly immediately and request their concurrence therein. 

The Assembly bill entitled *'An act to enable the electors of the town 
of Sherbame to vote upon the question of accepting a certain bequest," 
was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
as follows : 



Bixby 
Booth 
Bradley 
Carpenter 



FOR THB AFFIRMATIVB. 

Gerard Morrissey 

Jacobs Robertson 

Eennaday Rogers 

Loomis St. John 



Selkreg 
Starbuck 
Vedder 
Wellman 



Digitized by 



Google 



214 



[Friday, 



Coleman 
Doolittle 



McCarthy 
Moore 



Schoonmaker Woodin 



22 



Ordered^ That the Clerk return said bill to the Agsembly, with a mea- 
Bage informing that the Senate have concurred in the passage of the same. 

The bill entitled "An act to amend an act entitled 'An act to amend 
and consolidate the several acts in relation to the charter of the city of 
Rochester,' passed April 8, 1861, and the various acts amendatory 
thereof," was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority of 
of all the members elected to the Senate voting in favor thereof, and three- 
fifths being present, as follows : 



FOB THE AFFIBMATIYS. 



Bixby 

Booth 

Bradley 

Carpenter 

Cole 



Doolittle 

Emerson 

Gerard 

Jacobs 

Kennaday 



Lament 
Loo mis 
McCarthy 
Moore 
Morrissey 



Prince 
Robertson 
St. John 
Selkreg 
Woodin 



FOB THE NKGAlTVir. 

Schoonmaker 



20 



2 



Rogers 

Mr. Emerson moved to reconsider the vote by which said bill was 
parsed. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative, as follows : 

FOB THE AFFIBMA.TIVE. 

Doolittle McCarthy 

Gerard Morrissey 

Jacobs Prince 

Lament ^ Robertson 

Loomis Rogers 



Bixby 

Booth . 

Bradley 

Carpenter 

Cole 

Coleman 



St. John 

Schoonmaker 

Selkreg 

Starbuck 

Woodin 



21 



On motion of Mr. Emerson, and by unanimous consent, said bill was 
amended as follows: 

Add after the word '* poor," in section 1, line 9, engrossed bill, the 
words " who shall hold office for two years." 

Same section, lines 11 and 12, strike out the words *^ one chief engi- 
neer, one or more assistant engineers." 

Same section, line IS, strike out the words'* and one clerk of the 
markets." 

The President then put the question whether the Senate would agree 
to the final passage of said bill, as amended, and it was decided in the 
affirmative, a majority of all the members elected to the Senate voting in 
favor thereof, and three-fifths being present, as follows : 



FOB THE AFFIBHATIYE. 



Bixby 

Booth 

Bradley 

Carpenter 

Cole 

Coleman 



Doolittle 

Emerson 

Geriard 

Harris 

Jacobs 

Kennaday 



Lament 

Loomis 

McCarthy 

Morrissey 

Prince 



St. John 

Selkreg 

Vedder 

Wellman 

Woodin 



Digitized by 



Google 



22 



FsB. 18.] 21^ 

FOB THB NBOATIVS. 

Schoonmaker Starbuck 2 

Ordered, That the Clerk deliver said bill to the ABsembly, and 
reqaest their ooncarrence therein. 

Mr. Vedder moved to take /^rom the table the resolution in the words 
fallowing : 

Resolved^ That George Martinus be and he hereby is appointed super- 
intendent ot mail and express matter for the present session, and that he 
receive the fAxne per diem and mileage compensation now by law author- 
ized and paid lo the assistant postmaster of the Senate for the session 
of 1876, and that the said compensation be paid in the same manner that 
other officers of the Senate are paid. 

The President put the question whether the Senate would agree to 
Kiid motion, and it was decided in the affirmative. 

The President then put the question whether the Senate would agree 
to said resolution, and it was decided in the affirmative, as follows: 

FOB THB AFFIBHATITB. 



Baaden 


Doolittle 


Moore 


St. John 


Bixby 


Gerard 


Morri^isey 


Schoonmaker 


Booth 


Eennaday 


Prince 


Selkreg 


Carpenter 


Loom is 


Robertson 


Tobey 


Cole 


McCarthy 


Rogers 


Wellman 


Coleman 










FOB 


THB NBGATIVB. 




Bradley 


Hammond 


Lament 


Starbuck 


Emerson 


Harris 







21 



Mr. Emerson called from the table the concurrent resolution in the 
words following : 

Resoloed (if the Assembly concur), That section 11 of article 8 of the 
Constitution be amended so as to read as follows : 

"Section 11. No county, city, town or village shall hereafter give 
any money or property, or loan its money or credit, to or in aid of any 
individual, association or corporation, or become directly or indirectly 
the owner of stock in, or bonds of, any association or corporation, nor 
shall any such county, city, town or village be allowed to incur any in- 
debtedness, except for county, city, town or village purposes. This section 
shall not prevent such county, city, town or village from making such 
provision for the aid or support of its poor as may be authorized by law. 
No county or city shall be allowed to become indebted for any purpose, 
or in any manner, to an amount which, including existing indebtedness, 
shall exceed five per cent of the assessed valuation of the real estate of 
such county or city, subject to taxation as it appeared by the assessment 
rolls of said county or city on the last assessment for State or county 
taxes prior to the incurring of such indebtedness, and all indebtedness 
in excess of such limitation, except such as may now exist, shall be abso- 
lutely void, except as herein otherwise provided. No county or city, 
whose present indebtedness exceeds five per cent of the assessed valua- 
^on of its real estate subject to taxation, shall be allowed to become 
indebted in any further amount until sudh indebtedness shall be reduced 
within such limit, except such indebtedness as may be provided for by 
the tax levy for the then current yen* ; except that the Legislature, if it 
is deemed necessary for the interest of such city or county, may authorize 

Digitized by VjOOQ IC 



216 [Fjmday, 

it to contract farther indebtedness to an amount not exceeding, for any- 
one year, one dollar per capita of each of its population, as ascertained 
by the last State census, and for a period not exceeding five years in any 
case. No county or city, whose present indebtedness exceeds such tive 
per cent as aforesaid, shall be allowed to extend or renew any of such 
indebtedness until it is redaoed within such limit. No law shall here- 
after be passed authorizing any indebtedness of, or the issuing of, an y- 
bonds or evidence of debt by any county or city unless such law shall 
provide that such indebtedness, bonds or evidence*of debt shall be made 
payable in equal amounts in each year during a period not in any case to 
exceed twenty years from the contracting of such indebtedness, and such 
law shall provide that such city or county shall in each year levy and 
raise by taxation a sum sufficient to pay the interest on such debt, and 
the amount thereof coming due in each year, which said provisions, as to 
time of payment and the taxation therefor, shall be irrepealable. The 
money raised for the payment of such interest and principal shall be 
applied for that purpose and none other, until the whole of such indebted- 
ness is paid." 

Resolved (if the Assembly concur), That the foregoing amendment be 
referred to the Legislature to be chosen at the next general election of 
Senators, and that, in conformity to section I of article 13 of the Consti- 
tution, it be published for three months previous to the time of such 
election. 

Mr. Prince moved that said resolution be committed to the committee 
of the whole and printed. 

The President put the question whether the Senate would agi-ee to said 
motion, and it was decided in the affirmative. 

Mr. Bradley moved to take from the table the resolution in the words 
following : 

jResoloed (if the Assembly concur), That the Legislature adjourn sine 
die Friday, 17th day of March, 1876. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the negative, as follows : 



12 



16 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills and con- 
current resolution a» follows : 

**An act further to amend chapter 446 of the Laws of 1874, entitled 
* An act to revise and consolidate the statutes of the State relating to the 
care and custody of the insane, the management of the asylums for their 
treatment and safe keeping, and the duties of the State commissioner in 
lunacy.' " 

Hesolved (if the Assembly concur), That the sixth article of the Con- 
stitution of tne State be amended by adding thereto the following section : 





FOB THE AFFIBMATIVB. 




Bradley 

Cole 

Doolittle 


Gerard Eennaday 
Hammond Morrissey 
Jacobs Rogers 

FOB THK ITEaATlVE. 


St John 
Schoon maker 
Starbuck 


Baaden 
Bixby 
Booth 
Carpenter 


- Coleman McCarthy 
Harris Moore 
Lamont Prince 
Loomis Robertson 


Selkreg 
Vedder 
Wellman 
WoQdin 



/ 



Digitized by 



Google 



Fbb. 18.] 217 

** Sbction 29. On tho first day of January, 1879, the court of common 
pleas for the city and county of New York, and the superior court of 
the city of New York, shall cease to exist, and all the jurisdiction of said 
courts shall vest in, and all the judges of said courts then in office shall 
beoonie justices of, the sup^reme court ; and any judicial power as a county 
judge, and any other special authority and jurisdiction now vested in 
either of the courts hereby abolished, or in any or either of the judges 
thereof shall vest in the justices Qf the supreme court for the first depart- 
ment, to be exercised in such manner and under such limitations as the 
Legislature may prescribe ; or, so long as the Legislature shall not have 
acted, then in such manner and under such limitations and regulations as 
the general term for such first department shall from time to time prencribe; 
and thereupon the judges so transferred shall hold their places for the 
remainder of the respective terms for which they shall have been chosen 
or appointed, and suits, actions, appeals, motions, and proceedings then 
penaing in the courts so abolished, shall be and become immediately 
transferred to the supreme court for the first department, without preju 
dice to any undertaking, bond, pleading, deposition, or other entry c. 
proceeding previously had therein ; and thereafter there shall be seven- 
teen justices of the supreme court for the first department (which shall 
consist of the city and county of New York), chosen or appointed as 
provided by the Constitution of the State, and the salaries of all said 
justices, except five, shall be provided for and paid by the city of New 
York. The general term of the first department shall hereafter consist 
of five justices, of whom three may constitute a quorum, all of whom 
shall be designated in the manner in which general term justices are now, 
or shall hereafter be authorized by law to be designated." 

Resolved (if the Assembly concur). That the foregoing amendment 
be referred to thfi Legislature to be chosen at the next general election 
of Senators; and that, in conformity to section first of article thirteenth 
of the Constitution, it be published for three months previous to the 
time of such election. 

**An act to repeal chapter 327 of the Laws of 1874, entitled *An act 
to suppress intemperance and to regulate the sale of intoxicating liquors 
in the county of Westchester.' " 

After some time spent therein, the President resumed the chair, and 
Mr. £merson, from said committee, reported in favor of the passage of 
the first named bill, with amendments, which report was agreed to, and 
the same ordered engrossed for a third reading. 

Mr. Emerson, from the same committee, reported progress on said 
concurrent resolution, and asked and obtained leave to sit again. 

Mr. Emerson, from the same committee, reported in &vor of the 
passage of the last named bill, which report was agreed to, and the 
same ordered engrossed for a third reading. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bill entitled as follows : 

'^An act to authorize the common council of the city of Oswego to 
assess, levy and collect an additional contingent fund for the year 1870, 
and to prescribe the manner in which the voters of said city shall signify 
their assent thereto.^ 

On motion of Mr. Rogers, and by unanimous consent, the bill entitled 
''An act further to amend chapter 446 of the Laws of 1874, entitled 'An 
act to revise and consolidate the statutes of the'State relating to the care 
and custody of the insane, th^ management of the asylums for their treat- 

[S.KAT. JOUBHAU] ?8 Digitized byGoOgle 



218 



[Fbidat, Fbb. 18.] 



ment and safe keeping, and the daties of the State commissioner in 
lunacy/ " was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a minor- 
ity oi all the members elected to the Senate voting in favor thereof, and 
three-fifths being present, as follows : 



St. John 

Schoonmaker 

Selkreg 

Vedder 

Wellman 20 

Mr. Rogers moved to reconsider the vote by which said bill was passed. 
The President put the question whether the Senate would agree to 
said motion, and it was decided in the afiirmative, as follows : 



, 


FOR THE 


AFFIRMATIVE. 


Booth 


Doolittle 


McCarthy 


Bradley 


Gerard 


Moore 


Carpenter 


Harris 


Prince 


Cole 


Jacobs 


Robertson 


Coleman 


Eennaday 


Rogers 



Bixby 
Booth 


Doolittle 


Gerard 


Bradley 


Jacobs . 


Carpenter 


Eennaday 


Cole 


Loomis 


Coleman 


McCarthy 



FOR THE AFFIRMATIVE. 

Moore 
Prince 
Robertson 
Ro^rs 
St. John 



Schoonmaker 
Selkreg 
Vedder ' 
Wellman 
Woodin 



22 

On motion of Mr. Rogers, and by unanimous consent, said bill was 
amended by adding the following section : 

** § 6. This act shall take effect immediately." 

The President then put the question whether the Senate would agree to 
the final passage of said bill, as amended, and it was decided in the afiirma- 
tive, a majority of all the members elected to the Senate voting in favor 
thereof, and three-fifths being present, as follows : 



Booth 

Bradley 

Carpenter 

Cole. 

Coleman 

Doolittle 



FOR THE AFFIRMATIVE, 

Gerard Prince Selkreg 

Jacobs Robertson Starbnck 

Eennaday Rogers Vedder 

Loomis Sayre Wellman 

Moore Schoonmaker Woodin 



21 



Ordered^ That the Clerk deliver said bill to the Assembly, and 
request their concurrence therein. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the Assembly 
Dills entitled as follows : 

^'An act to authorize the common council of the city of Brooklyn to 
establish and maintain public baths in said city." 

'*An act to legalize and confirm all acts and proceedings of the per- 
sons elected as trustees of the village of Nelsonville, in the county of 
Putnam, during their respective terms of office." 

''An act to authonze the trustees of the village of Nelsonville, Putnam 
county, to qualify as such.^' . 

Aib&r some time spent therein, the President resumed the chair, and 
Mrt Harris, from said pomn^ittee, reported in favor of the passage of 

Digitized by VjOOQ IC 



IMoTOiT, Fm. 28.] 2 1 9 

the first and second named bills, which report was agreed to, and said 
bills ordered to a third reading. 

Mr. Harris, from the same committee, reported in favor of the pas- 
sage of the last named bill, with amendments, which report was agreed 
to, and the same ordered to a third reading. 

On motion of Hr. Yedder, the Senate adjourned. 



M6NDAY, FEBRUARY 28, 1876. 

'1^0 Senate met pursuant to adjournment. 

Pni/f^'ty the Chaplain. 

The jonroal of Friday, February 18, was read and approved. 

Mr. Gerard presented a petition of the judges of the courts of the city 
of New York, for the passage of a bill as to jurors in New York city; 
which was read and referred to the committee on the judiciary. 

Also, a petition relative to assessment and other bonds in the city of 
New York; which was read and referred to the committee on the affairs 
of cities. 

Mr. Say re presented a petition of the common council of the city of 
Utica relative to drainage under the Erie canal; which was read and 
referred to the committee on canals. 

Mr. Bradley presented a petition of citizens of the town of Hornby, 
couDty of Steuben, for repeal of th^ law exempting clergymen, church 
property and private schools from taxation ; which was read and referred 
to the committee on finance. 

By unanimous consent, Mr. Schoomaker asked and obtained leave to 
introduce a bill entitled '^An act in relation to proceedings under title 
1, chapter 5, of part 2, of the Revised Statutes for the discharge of insol- 
veDt or imprisoned debtors,'^ which was read the first time, and by unani- 
mooB consent wns also read the second time, and referred to the com- 
mittee on the judiciary. 

By unanimous consent, Mr. Harris asked and obtained leave to intro- 
dace abill entitled '^An act to amend chapter 77 of the Laws of 1870, as 
amended by act chapter 144 of the Laws of 1872, relative to ward 
boundaries in the city of Albany," which was read the first time, and 
by unanimous consent was also read the second time, and referred to the 
committee on the affairs of cities. 

By unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled *^An act to amend section 7, of chapter 633, entitled 
'Ao act in relation to the benevolent fund of the late Volunteer Fire 
Department in the city of New York,' passed April 17, 1866, as amended 
by chapter 962 of the Laws of 1867, and as further amended by chapter 
297 of the Laws of 1870," which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the, commit- 
tee on the affair of cities. 

By unanimous consent, Mr. Selkreg asked and obtained leave to intro- 
duce a bill entitled ^'An act to authorize the commissioners of the town 
of Newark Valley, in the county of Tioga, appointed under and by 
virtue of chapter 433 of the Laws of 1866, to issue bonds f<M>the pi^r- 

Digitized by VjOOv IC 



220 [MONJDATy 

pose of raising funds with which to pay the bonds of said town hereto- 
fore issued b^ virtue of said act of 1866,^' which was read the first time, 
and by unanimous consent was also read the second time, and referred 
to the committee on the judiciary. 

By unanimous consent, Mr. Selkreg asked and obtained leave to intro- 
duced a bill entitled *'An act to provide for the election of an additional 
justice of the peace in the town of Boston, in the county of Tioga,'* 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Gerard asked and obtained leave to intro- 
duce a bill entitled "An act in relation to jurors in the city of New- 
York," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Hammond asked and obtained leave to 
introduce a bill entitled "An act to reorganize the Senate districts of the 
State," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the select committee on appor- 
tionment. ' 

Mr. Hammond moved that sai<^ bill be printed, pending its considera- 
tion by said committee. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

By'unanimous consent, Mr. Bradley asked and obtained leave to intro- 
duce a bill entitled ''An act to legalize and confinn the consolidation of 
the several railroads and companies now constituting the Geneva, 
Hornellsville and Fine Creek Railway Company," which was read the 
first time, and by unanimous consent was also read the second time, 
and referred to the committee on railroads. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows: 

"An act to repeal chapter 327 of the Laws of 1874, entitled *An act 
to suppress intemperance and to regulate the sale of intoxicating liquors 
in the county of VVestchester.* " 

''An act further to amend chapter 440 of the Laws of 1874, entitled 
'An act to revise and consolidate the statutes of the State relating to the 
care and custody of the insane, the management of the Asylums for their 
treatment and safe keeping, and the duties of the State commissioner in 
lunacy.' " 

Mr. Harris called from the table the Assembly concurrent resolution, 
in the words following : 

Resolved (if the Senate concur). That article IX of the Constitution 
be amended by the addition of the following sections : 

§ 2. The State shall maintain a system of common schools, which shall 
be free forever. The Legislature shall provide for the instruction in the 
branches of rudimentary education, for the period of at least twenty-eight 
weeks in each year, of all persons in the State between the ages of five 
and twenty-one years, by annually raising therefor, by tax upon the real 
and personal estate in the respective counties, a sum of not less than 
•3,000,000. 

§ 3. Neither the money nor the credit of the State, nor of any county, 
town or municipal corporation, shall be given or loaned to, or be other- 
wise applied to the support of any school or schools under the control 
of any religious sect or denomination, or to any school or schools not 



Digitized by 



Google 



Pbb. 28.] 221 

wholly the property of the State, or of the oouDty, city, town or village 
in which they are located. 

Itesolved (if the Senate coDoar), That the foregoing araendmentB be 
referred to the Legislatare to be chosen at the next general election 
of Senators, and that in conformity with section 1 of article 13 of the 
Constitntion, it be published for three months previous to the time of 
sach election. 

Mr. Harris moved that said resolution be committed to the committee 
of the whole and printed. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the oonsidemtion of general orders^ being the bills entitled 
as follows : 

^*Aq act to amend chapter 6, article 3, title 3, part 1 of the Revised 
Statutes, of elections in cities and towns." 
^An act to amend chapter 563 of the Laws of 1369, entitled ^An act 

to protect butter and cheese manufacturers,* passed May 2, 1864." 
*'An act to repeal an act entitled ^An act for the improvements of 

Myrtle avenue in the city of Brooklyn,' passed June 21, 1875." 
After some time spent therein, the President resumed the chair, and 

Mr. Coleman, from said committee, reported progress on the first named 

bill,jaDd asked and obtained leave to sit again. 
Mr. Coleman, from the same committee, reported in favor of the passage 

of the aacond named bill, with amendments, and the title amended by 

adding after the word entitled *^An act to amend an act entitled," which 

report was agreed to, and the same ordered engrossed for a third reading. 
Mr. Coleman, from the same committee, reported in favor of the pas- 
nee of the last named bill, which report was agreed to, and said bill 

ordered to a third reading. 
By ananimons consent, Mr. Selkreg offered the following : 
lietolved (if the Assembly concur). That the two branches of the 

legislature will meet in joint convention on Tuesday, March 7, 1876, at 

12 o'clock noon, to elect two Regents of the University in place of 

William H. Goodwin and Horatio O. Warner, deceased. 
Ordered^ That said resolution be laid upon the table. 
The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills and con- 
carrent resolution entitled as follows : 

''An act to amend chapter 326 of the Laws of 1875, entitled 'An act 
to further amend chapter 541 of the Laws of 1865, entitled An aOt to 
incorporate the city of Newburgh ; also to amend chapter 551 of the 
Laws of 1872; also to amend chapter 326 of the Laws of 1875, entitled. 
An act to amend an act entitled An act to incorporate the citv of New- 
borgh.*" 

Assembly, "An act to amend chapter 36 of the Laws of 1873, entitled 
'An act to provide for a supply of water in the city of Yonkers,' passed 
February 28, 1878." 

Resolved (if the Assembly concur), That the sixth article of the Con- 
stitution of the State be amended, by adding thereto the following sec- 
tion: 

§29. On the first day of January, eighteen hundred and seventy-nine, 
the coart of common pleas for the city of New York and the superior 
court of the city of New York shall cease to exist, and all the jurisdic- 

Digitized by VjOOQ I'C 



222 [Monday, Fkb. 28.] 

tion of said courts shall vest in, and all the judges of said courts then 
in office shall become justices of the supreme court, and any judicial 
power as a county ju<)g^) ^^^ ^^7 other special authority and jurisdic- 
tion now vested in either of the courts hereby abolished, or in any or 
either of the judges thereof, shall vest in the justices of the supreme 
court for the first department, to be exercised in such manner and under 
such limitations and regulations as the general term for such first depart- 
ment shall, from time to time, prescribe, and thereupon the judges so 
transferred shall hold their places for the remainder of the reapeotive 
terms for which the^r shall have been chosen or appointed, and suits, 
actions, appeals, motions and proceedings then pending in the courts so 
abolished, shall be and become immediately transferred to the 'supreme 
court, for the first department, without prcgudice to any undertakinp^, 
bond, pleading, deposition or other entry or proceeding previously had 
therein, and thereafter there shall be seventeen justices of the supreme 
court for the first department (which shall consist of the city and coantj 
of New York), chosen or appointed as provided by the Constitution of 
the State, and the salaries or all said justices (except five) shall be pro^ 
vided for and paid by the city of New York. The general term of the 
first department shall hereauer consist of five justices, of whom three 
may constitute a quorum, all of whom shall be designated in the manner 
in which general term justices are now, or shall hereafter be, authorized 
by law to be designated. \ 

Resolved (if the Assembly concur^. That the foregoing amendment 
be referred to the Legislature to be cnosen at the next general election 
of Senators, and that in conformity to section 1, of article 18 of the 
Constitution, it be published for three months previous to the time of 
such election. 

After some time spent therein, the President resumed the chair, and 
Mr. Doolittle, from said committee, reported in favor of the passage of 
the first pamed bill, with amendments, which report was agreed to, and 
the same ordered engrossed for a third reading. 

Mr. Doolittle, from the same committee, reported in favor of the 
passage of the second named bill, which report was agreed to, and the 
same ordered to a third reading. 

Mr. Doolittle, from the same committee, reported progress on said 
concarrent resolution, and asked and obtained leave to sit again. 

Mr. Schoonmaker moved that said resolution be recommitted to the 
committee on the judiciary, retaining its place on general orders. 

The President put the question whether the Senate would agree to said 
motion, and it wa8 decided in the affirmative. 

The Assembly returned the following entitled bill, with a message that 
they had concurred in the passage of the same : 

*^An act in relation to the equalization of assessments, under chapter 
812 of the Laws of 1859, and the amendments thereto." 

Ordered^ That the Clerk deliver said bill to the Governor. 

On motion of Mr. Woodin, the Senate adjourned. 



Digitized by 



Google 



[TuxsDAT, Fbb. 29.] 228 



TUESDAY, FEBRUARY 29, 1876. 

The Senate met parsaant to adjoarnineiit. 

Prayer by the Chaplain. 

The ioarnal of yesterday was read and approved. 

Mr. KobertBon presented the petition of George W. Kirk and others, 
for compensation for property taken by virtue of the annexation of a 
portion of Westchester county to the city of New York ; which was read 
and referred to the committee on the judiciary. 

Mr. Starbnck presented a remonstrance of members of the Bar of 
Herkimer county, against proposed change of the judicial districts of the 
State ; which was read and referred to the committee on the judiciary. 

Also, a petition of citizens of Watertown, for repeal of law exempting 
clergymen, church property and private schools from taxation ; which 
was read and referred to the committee on finance. 

Also, three petitions of citizens of Orleans, Jefferson county, for pas- 
sage of the law authorizing the payment of money collected of taxpayers 
in said town for railroad purposes, to supervisors of said town ; which 
were read and referred to the committee on the judiciary. 

Mr. Yedder presented two remonstrances of citizens and women of 
Oerman Flats, against erecting distiict number one of said town into a 
separate excise district ; which were read and referred to Ihe committee 
on internal affairs. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled '*An act to legalize the official acts of Charles 
M. Johnston, a justice of the peace of the town of Cameron, Steuben 
county,'* reported in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled ^'An act authorizing Jeffrey F. Thomas, 
asscBsor of the town of Sheldon, county of Wyoming, to qualify as such 
during his term of office,'' reported in favor of the passage of the same, 
with amendments, and the title amended so as to read "An act to legal- 
ize and confirm the official acts of Jeffrey F. Thomas, as assessor of the 
town of Sheldon, in the county of Wyoming, and to enable him to take 
the oath of office required by the Constitution," and said bill was com- 
mitted to the committee of the whole. 

The President presented the following : 

UNIVERSITY OF THE STATE OF NEW YORK, ) 

Opficb of the Regents, >• 

ALBANif, February 24, 1876. ) 

Hon. WnjJAK Dobshsimsb, President of the Senate, 

Sib : I am directed to state for the information of the Senate, that 
by the death of Hon. Horatio Warner, LL.- D. of Rochester, and of 
Rev. William H. Goodwin, D. D., LL. D. of Dryden, two vacancies in 
the board of Regents of the University are created, to be filled at the 
pleasure of the Legislature. 

Very respectfully. 

Your obedient servant, 

S. B. WOOLWORTH, Secretary. 

Digitized by VjOOQIC 



224 [TUWDAY, 

Also, a commanicatioD from the Attorney General, in response to a 
resolution of the Senate, relative to the boandary line between New 
York and Connectiout through Long Island sound ; which was laid upon 
the table and ordered printed. 

(See Doc No. 43.) 

Also, the report of the State Engineer and Surveyor, in response to a 
resolution of the Senate, relative to the Chenango, Crooked Lake and 
Oneida Lake canals and feeders; which was laid upon the table and 
ordered printed. 

(See Doe, No. 44.) 

The Assembly sent for concurrence the bills entitled as follows : 

*^An act to repeal chapter 224 of the Laws of 1874, entitled *An act 
to repeal chapter 440 of the Laws of 1 873, entitled *An act requiring 
commissioners of highways to act as inspectors of plankroads and tarn- 
pikes, so far as the same relates to the counties of Clinton, Chenango, 
beneca. Queens, Orange, Essex, Cayuga, Madison and Steuben,* and 
chapter 630 of the Laws of 1875, entitled *An act to amend an act and 
the title of an act, entitled *An act to repeal chapter 440 of the Laws of 
1873, entitled ^An act requiring commissioners of highways to act as 
inspectors of plankroads and turnpikes so far as the same relates to the 
counties of Clinton, Chenango, Seneca, Queens, Orange, Essex, Cayuga, 
Madison and Steuben/ passed April 21, 1874, so far as the same relates 
to the county of Steuben,' " which was read the first time, and by unani- 
mous consent was also read the second time, and referred to tne com- 
mittee on roads and bridges. 

*'An act relating to courts, officers of justice and civil proceedinga," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

*'An act making appropriations for the support of government,*' which 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the conimittee on finance. 

**An act to amend chapter 446 of the Laws of 1874, entitled *An act 
to revise and consolidate the statutes of the State relating to the care 
and custody of the insane, the management of the asylum for their treat- 
ment and safe keeping, and the duties of the State Commissioner in 
Lun9cy,' passed May 12, 1874," which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on the judiciary. 

**An act to prevent frauds in the sale of state-rooms, berths and tickets 
upon steamboats and steamships and other vessels," which was read the 
first time, and by unanimous consent was also read the second time, and 
referred to the committee on commerce and navigation. 

*^An act providing for the union of the Griffith Institute with Union 
Free School district No. 1, of the town of Concord, Erie county, and 
providing for the disposition of the fund bequeathed to the Griffith 
Institute," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on literature. 

*^An act to provide for the payment of the expenses incurred in trials 
of convicts for crimes committed in the State prisons," which was read 
the first time, and by unanimous consent was also read a second time, 
and referred to the committee on the judiciary. 

^^An act to amend an ac^ entitled ^An act to incorporate the Catskill 
Agricultural and Horticultural Association,' passed May 9, 1867," which 



Digitized by 



Google 



FttL 19.] 2*25 

was read the first tiroe, and by unanimoas consent was also read the 
second time, and referred to the committee on agriculture. 

'^An act to amend chapter 204 of the Laws of 1875, entitled *An act 
to amend chapter 758 of the Laws of 1865, entitled An act to authorize 
the towns of Otsego, Hartwick and Middlefield, in the county of Otsego, 
to issue bonds and subscribe and take for said towns, capital stock in the 
Cooperstown and Susquehanna Valley Railroad Company,' " which was 
read the fii*st time, and by unanimous consent was also read the second 
time, and referred to the committee on railroads. 

'^An act to amend section 5, chapter 427, Laws of 1855, in relation to 
description on assessment rolls of lands assessed as resident, on which 
taxes remain unpaid,' " which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee on 
the judiciary. 

'*An act to amend chapter 181 of the Laws of 1875, entitled ^An act 
to authorize the villages of the State of New York to furnish pure and 
wholesome water to the inhabitants thereof,' " which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the committee on the affairs of villages. 

**An act to amend chapter 448 of the Laws of 1868, entitled 'An act 
to incorporate the village of Qouvemeur, in the county of St. Lawrence, 
and to repeal its present charter,' " which was read the first time, and 
by unanimous consent was also read the second time, and referred to 
the committee on the affairs of villages. 

*'An act to provide for the construction and maintenance of four 
additional public baths in the city of New York," which was read the 
first time, and by unanimous consents was also read a second time, and 
referred to the committee on the affairs of cities. 

^An act to amend an act entitled 'An act to amend and consolidate the 
several acts in relation to the charter of the village of Penn Yan,' passed 
April 21, 1864, and as amended by chapter 191 of the Laws of 1873," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committtee on the 'affairs of 
villages. 

''An act to amend an act entitled 'An act to provide for an additional 
supply of water in the city of Albany,' passed March 20, 1868," which 
was read the first time, and by unanimous consent was also read' the 
second timo, and referred to the committee on the affairs of cities. 

"An act to amend an act entitled 'An act to amend and consolidate 
the several acts relating to the village of Hornellsville,' passed April 9, 
1867, and the neveral acts amendatory thereof," which was read the first 
time, and by unanimous consent was also read the' second time, and 
referred to the committee on the affairs of villages. 

"An act to authorize the extension of the time for the collection of 
taxes in the several towns in the county of Cattaraugus," which was read 
the first time, and by unanimous consent was also read the second time. 

On motion of Mr. Yeddei', and by unanimous consent, the rules were 
suspended, and said bill was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in faror thereof, 
Ana three-fifths being present, as follows ; 

[SsMATJi Joy«NAi<.] 29 

Digitized by VjOOQ IC 



Moore 


Sayre 
Schoonmaker 


Morrissey 


Prince 


Selkreg 


Robertson 


Htarback 


RogerH 


Vedder 


St. John 


Wellinan 




25 



226 [TiTMDAT, 

FOR THB AFFIRMATIYJB. 

Baaden Emerson 

Bixby Gerard 

Booth Harris 

Bradley Eennaday 

Cole Loomis 

Coleman McCarthy 
Doolittle 

Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the 
same. 

By unanimous consent, Mr. Eennaday asked and obtained leave to 
introduce a bill entitled ^'An act to expedite the payment of awards for 
lands taken in opening streets, boulevards or avenues in the city of 
Brooklyn," which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on the 
affairs of cities. 

By unanimous consent, Mr. Prince asked and obtiuned leave to intro- 
duce a bill entitled *'An act further to amend chapter 320 of the Laws 
of 1872, entitled 'An act to amend an act in relation to the rates of 
wharfage, and to regulate piers, wharfs, bulkheads and slips, in the cities 
of New York and Brooklyn,' " which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on commerce and navigation. 

By unanimous consent, Mr. Prince asked and obtained leave to intro- 
duce a bill entitled ^'An act in rjelation to appeals in highway oases,'' 
which was read the first time, and by unanimous consent was also read 
the second time and referred to the committee on the judiciary. 
. By unanimous consent, Mr. Prince asked and obtained leave to intro- 
duce a bill entitled ^^An act in relation to the direction of the Richmond 
County Storage and Business Company," which was read the first time, 
and by unanimous consent was also read the second time, and referred 
to the committee on the judiciary. 

By unanimous consent, Mr. Starbuck asked and obtained leave to intro- 
duce a bill entitled ^'An act to authorize the moneys collected of the. 
tai^-payers of the town of Orleans, in the county of Jefferson, for rail- 
road purposes, in the year 1872, to be paid to the supervisor of the said 
town of Orleans," which was read the first time, and by unanimous con- 
sent was ^Iso read the second time, and referred to the committee on 
the judiciary, 

Bj unanimous consent, Mr. Starbuck asked and obtained leave to intro- 
duce a bill entitled ^*An act in relation to dealers in second-hand goods," 
which was read the first time and by unanimous conshnt was also read 
the second time and referred to the committee on the judiciary. 

By unanimous consent, Mr. Bradley asked and obtained leave to intro- 
duce a bill entitled ^'An act to amend section 4 of title 2 of chapter 13 
of part 1 of the Revised Statutes, relating to assessments," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on finance. 

By unanimous consent, Mr. Bradley asked and obtained leave to intro- 
duce a bill entitled *^An act to provide for the formation and regulation 
of joint stock companies," which was read the first time, and by unani- 
mous consent was also read the second time and referred to the ooipmit- 
tee on miscellaneous corporations. 

Digitized by VjOOQ IC 



Fxa 29.] 



227 



By unanimoas consent, Mr. Selkreg asked and obtained leave to intro- 
daoe a bill entitled "An act for the relief of George Worthington,** 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on finance. 

By unanimous consent, Mr. Robertson asked and obtained leave to 
introduce a bill entitled "An act to amend an act entitled 'An act to 
establish regulations for the port of New York,' passed April 16, 1857," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on commerce and navi- 
gation. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows : 

"An act to amend chapter 563 of the Laws of 1869, entitled *An act 
to protect butter and eheese manufacturers,' passed May 2, 1864." 

"An act to amend chapter 326 of the Laws of 1875, entitled 'An act 
to further amend chapter 541 of the Laws of 1865, entitled An act to 
incorporate the city of Newburgh;' also to amend chapter 551 of the 
Laws of 1872; also to amend chapter 326 of the Laws of 1874, entitled 
'An act to amend an a«t entitled An act to incorporate the city of 
Newburgh.'" 

The bill entitled "An act to amend chapter 563 of the Laws of 1869, 
entitled 'An act to amend an act entitled An act to protect butter and 
cheese manufacturers,' passed May 2, 1864," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the afiirmative, a 
majority of all the members elected to the Senate voting in favor thereof| 
and three-fifths being present, as follows : 

FOB THB AFFIBMATIVB. 



Baaden 


Emerson 


Loomis 


St. John 


Bixby 
Bradley 


Gerard 


McCarthy 


Sayre 


Hammond 


Moore 


Schoonmaker 


Carpenter 


Harris 


Morrissey 


Starbuck 


Cole 


Jacobs 


Prince 


Vedder 


Coleman 


Lament 


Robertson 


Wellman 


Doolittle 









25 

Orderedj That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled "An act to repeal chapter 327 of the Laws of 1874, 
entitled 'An act to suppress intemperance, and to regulate the sale of 
intoxicating liquors in the county of Westchester," was read a third 
time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the afiirmative, a 
majority of all the members elected to the Senate voting in favor 
thereof, and three-fifths being present, as follows : 



FOB THB AFFIBMATIVB. 



Baaden 


Harris 


Bradley 


Jacobs 


Carpenter 


Kennaday 


Cole 


Lament 


Doolittle 


Loomis 


Hammond 


McCarthy 



Moore 

Morrissey 

Prince 

Robertson 

Bogers 



St« John 

Sayre 

Schoonmaker 

Starbuck 

Tobey 



22 



Digitized by 



Google 



228 



[Tusshat, 



FOB THR NBGATIVB. 

Bixby 1 

Ordered^ That the Clerk deliver said bill to the Assembly, and 
request their concurrence therein. 

The Assembly bill entitled **An act to legalize and confirm all acta 
and proceedings of the persons elected as trustees of the village of Nel- 
son viHe, in the county of Putnam, during their respective terms of office^*' 
having been announced for a third reading, 

On motion of Mr. Robertson, and by unanimoas consent, said bill 
was amended as follows : 

Add as § 2 the following: 

*' § 2. Nothing herein contsined shall aflbct any action or proceeding 
now pending in any court of this Statel" 

Change " § 2 " to " § 8.»» ^ 

Said bill, was then read a third time. 

The President put the question whether the Senate would to agree 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in fi&vor thereof, 
and three-fifths being present, as follows : 

FOB THB APFIBMATIVB. 

Baaden 

Bixby 

Carpenter 

Cole 

Coleman 

Doolittle 

Ordered^ That the Clerk return said bill to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same, with amendments. 

The Assembly bill entitled ''An act to authorize the trustees of the 
village of Nelsonville, Putnam county, to qualify as such," was read a 
third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereo f, 
as follows : 



Gerard 


Moore 


Sayre 


Harris 


Morrissey 


Sohoonmaker 


Jacobs 


Prince 


Starbock 


Eennaday 


Robertson 


Tobey 


Loomis 


Rogers 


WelJman 


McCarthy 


St. John 


Woodin 34 



FOB THB AFFIBMATIYB. 



Baaden 

Bixby 

Bradley 

Carpenter 

Cole 

Coleman 

Doolittle 



Gerard 


McCarthy 


Hammond 


Moore 


Harris 


Morrissey 


Jacobs 


Prince. 


Kennaday 


Robertson 


Lament 


Rogers 


Loomis 


St. John 



Sayre 

Schoonmaker 

Starbuck 

Vedder 

Wellman 

Woodin 



27 



Ordered^ That the Clerk return said bill to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same, with amendments. 

The Assembly bill entitled *'An act to authorize the common council 
of the city of Brooklyn to establish and maintain public baths in said 
city," was read a third time. 

The President pat the question, whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 

Digitized by VjOOQ IC 



VMM. 29.] 



399 



majority of all tbe mcmbere elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 



Baaden 


Glerard 


McCarthy 


Booth 


Harris 


Moore 


Carpenter 


Jacobs 


Prince 


Coleman 


Eennaday 


Robertson 


Doolittle 


Lamont 


Rogers 
St. John 


Emerson 


Loomis 



FOB THS AFFIRMATITS. 

Savre 

Scboonmaker 

Selkreg 

Starback 

Vedder 

23 

Ordered^ That the Clerk return said bill to the Assembly, with a raes* 
sage inibrming that the Senate have concurred in the passage of the 
tbe same. 

The bill entitled **An act to amend chapter 826 of the Laws of 1875, 
entitled *An act to further amend chapter 541 of the Laws of 1865, 
entitled An act to incorporate the city of Newburgh ; ' also to amend 
chapter 561 of the Laws of 1872 ; also to amend chapter 326 of the 
Laws of 1875, entitled 'An act to amend an act entitled An act to incor- 
porate the city of Newburgh,' " having been announced for a third 
reading. 

On motion of Mr. St. John, and by unanimous consent, said bill was 
amended as follows : 

Amend the title by striking out the words *^ also to amend chapter 
326 of the Laws of 1875," second occurring therein. 

Add, at end of line 4, section 1, ihe following: '•Section 3 of title 4 
of said act, as amended May 6, 1 872, is hereby further amended, so as 
to read as follows : '* 

Said bill was then read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the aflSrmative, a majority 
of all the members elected to the Senate voting in favor thereof, and 
ihree>fifths being present, as follows : 

FOB THE AFFIBMATIVB. 

Baaden Emerson McCarthy ^tayre 

Bizbv Gerard Moore Scboonmaker 

Booth Harris Morrissey Selkreg 

Bradley Jacobs Prince Starbuck 

Carpenter Kennaday Robertson Vedder 

Cole Lamont Rogers Wellman 

Coleman Loomis St. John Woodin 
Doolittle 29 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
Uieir concurrence therein. 

Mr. Selkreg moved to take from the table the resolution in the words 
following : 

Sesolvedy (If the Assembly concur). That the two branches of the 
Legif»lature will meet in joint convention on Tuesday, March 7, 1876, at 
12 o'clock, noon, to elect two Regents of the University, in place of 
William H. Goodwin and Horatio G. Warner, deceased. 

Mr. Selkreg moved that said resoluiion be amended by striking out 
the words ••Tuesday, March 7,** and inserting the words "Thursday, 
March 9." 



Digitized by 



Google 



230 [TuBSDAY, Feb. 29.] 

The President put the qaestion whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The President then put the question whether the Senate would agree 
to said resolution, as amended, and it was decided in the affirmative. 

Mr. Gerard moved that the bill entitled ^*An act in relation to jurors 
in the city of New Tork," be printed, pending its consideration by the 
committee on the judiciary. 

The President put the question whether the Senate would agree to aaid 
motion, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

Assembly, ''An act to provide for the employment of convicts and 
paupers under the control of the commissioners of public charities and 
correction of the city and county of New Tork, and the commissionerd 
of charities of the county of Kings." 

Assembly, ''An act to amend chapter 636 of the Laws of 1878, enti- 
tled 'An act to provide for the appointment of a recorder and collector 
in the village of Plattsburgh, and to provide for the pavement of certain 
streets in said village,' '* passed May 28, 1873," 

"An act to amend chapter 59 of the Laws of 1868, entitled 'An act to 
establish the office of receiver of taxes in the town of Greenburgh, in 
the county of Westchester, State of New York'" 

After some time spent therein, the President resumed the chair, and 
Mr. Eennaday, from said committee, reported in favor of the passage of 
the first named bill, with amendments, and the title amended so as to 
read "An act to provide for the employment of convicts and paupers 
under the control of the commissioners of public charities and correc- 
tion of the city and county of New York," which report was agreed to, 
and the same ordered to a third reading. 

Mr. Eennaday, from the same committee, reported in favor of the pas- 
sage of the second named bill, with amendments, which report was agreed 
to, and the same ordered to a third reading. 

Mr. Eennaday, from the same committee, reported in favor of the pas- 
sage of the last named bill, which report was agreed to, and the same 
ordered engrossed for a third reading. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 

"An act to provide for the reporting of persons in the various benev- 
olent institutions of this State." 

*'An act to amend chapter 511 of the Laws of 1875, entitled 'An act 
to authorize the commissioners of the town of Richford, in the county 
of Tioga, appointed u^der and by virtue of chapter 433 of the Laws of 
1866, to issue bonds, and with the proceeds thereof to pay the bonds 
heretofore issued by said town under and by virtue of said act." 

"An act to further amend chapter 721 of the Laws of 1871, entitled 
'An act to amend and consolidate the several acts relating to the pres- 
ervation of moose, wild deer, birds and fish,* passed April 26, 1871. ' 

After some time spent therein, the President resumed the chair, and 
Mr. Wellraan, from said committee, reported in favor of the passage of 
the first named bill, which report was agreed to, and the same ordered 
engrossed for a third reading. 



Digitized by 



Google 



[^XDHBSDAT, MaBCH h] 231 

Mr. Vedder moved to substitute for said bill. Assembly bill No. 63, 
same title, now on calendar of general orders. 

lie President pot the qaestion whether the Senate would agree to said 
motion, and it was decided in the aflSrmative. 

Said Assembly bill was then ordered to a third reading. 

Mr. Wellmaoy from the same committee, reported in favor of the 
passage of the second named bill, with amendments, which report was 
agreed to, and the same ordered engrossed for a third reading. 

Mr. Wellman, from the same committee, reported progress on the 
last named bill, and asked and obtained leave to sit again. 

On motion of Mr. Rogers, the Senate adjourned. 



WEDNESDAY, MARCH 1 , 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The jonmal of yesterday was read and approved. 
Mr. Bixby presented a petition of the New York Catholic Protectory 
for an appropriation to enable them to diminish their indebtedness, in- 
curred in erecting juvenile asylum buildings; which was read and 
referred to the committee on finance. 

Mr. Moore presented a petition of citizens of Potsdam, Canton and 
Pierrepont, St. Lawrence county, for reduction of official salaries,; which 
was read and referred to the committee on finance. 

Mr. St. John presented a petition of citizens of Dutchess and Orange 
eoanties, in favor of the Fishkill and Newburgh Railroad and Bridge 
Company ; which was read and referred to the committee on railroads. 
Hr. Schoonmaker presented two remonstrances against an increase of 
fees to Hell-gate pilots ; which were read and referred to the committee 
on commerce and navigation. 

Mr. Vedder presented two remonstrances of voters and women of the 

town of German Flats, against creating a separate excise district in said 

town; which were read and referred to the committee on internal affairs. 

tf r. Carpenter, from the committee on the affairs of villages, to which 

was referred the Assembly bill entitled ^'An act to amend an act entitled 

'An act to amend and consolidate the several acts relating} to the village 

of Hornellsville,' passed April 9, 1867, and the several acts amendatory 

thereof," reported in favor of the passage of the same, and said bill was 

oommitted to the committee of the whole. 

Mr. Bradley moved that said bill be considered in the first committee 
of the whole. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof, 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled **An act to secure justice and fair dealing be- 
tween the local government of the city of New York, its officers and 
agents, and those who may furnish services, labor or material for the 



Digitized by 



Google 



232 [WlfeDKttDAT^ 

Bame,^' reported in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to whioh was 
referred the bill entitled '^An act to amend section 7 of chapter 633 of 
the Laws of 1866, entitled ^An act in relation to the benevolent fnnd of 
the late volunteer fire department in the city of New York,' passed 
April 17, 1866, as amended by chapter 962 of the Laws of 1867, and as 
further amended by chapter 297 of the Laws of 1870," reported 
in favor of the passage of the same, and said bill was committed to the 
committee of the whole. 

Mr. Woodin, from the committee on the afbirs of cities, to which was 
refeiTcd the bill entitled '^An act to build a sewer along Beaver creek, 
in the city of Albany,'' reported in favor of the passage of the same, and 
said bill was committed to the committee of the whole. 

The President presented the report of the Secretary of State upon 
statistics of pauperism, for the year ending November 30, 1876, which 
was laid upon the table and ordered printed. 

{See Doc. No. 46.) 
Also the following : 

State of New York — EfrECUTivB Chamber, } 
Albany, March 1, 1876. J 

7o the Senate : 

I have the honor to transmit herewith the annual report of the Trustees 
of the Sailors' Snug Harbor. 

SAMUEL J. TILDEBT. 
Whioh was laid upon the table and ordered printed. 
{See Doc No. 4$.) 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled ^*An act in relation to repairs of certain streets 
in the city of Albany," reported in favor of the passage of the same, and 
said bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to whioh was 
referred the Assemblv bill entitled *^An act to amend an act entitled 
*An act to provide for an additional supply of water in the city of 
Albany,' passed March 20, 1868," reported in favor of the passacce of the 
same, and said bill was commiited to the committee of the whole. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bill entitled as follows : 

^*An act to amend chapter 59, of the Laws of 1868, entitled *An act 
to ei^tablish the office of receiver of taxes in the town of Greenbargfa, 
in the connty of Westchester, Stale of New York." 

''An act to amend chapter 611 of* the Laws of 1875, entitled 'An act 
to authorize the commissioners of the town of Riohford, in the county 
of Tioga, appointed under and by virtue of chapter 433 of the Laws of 
1 666, to issue bonds, and with the proceeds thereof to pay the bonds 
heretofore issued by said town under and by virtue of said act." 

Mr. Harris, from the committee on finance, to which was referred the 
bill entitled ''An act to establish a state board of audit, and to define its 
powers and duties," reported in iavor of the passage of the same, with an 
amendment, and said bill was committed to the committee of the whole. 

Mr. Harris, from the committee on finance, to which was referred the 
bill entitled *'An act to reinstate the stockholders of the New York 



Digitized by 



Google 



March 1.] 233 

Slate Inebriate Asylum in their vested rights/' reported adversely 
thereto. 
Mr. Selkreg moved that said report be laid upoD the table. 
The President pat the qnestion whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

By unanimous consent, Mr. Morrissey asked and obtained leave to 
introdace a bill entitled ^'An act to protect hotel-keepers and inn-keepers 
and the guests of hotels and inns, and for the punishment of persons 
who shall cheat or defraud hotel or inn-keepers,'* which was read the 
first time, and by unanimous consent was also read the second time, and 
referred to the committee on the judiciary. 

By unanimous consent, Mr. Schoon maker asked and obtained leave to 
iDtroduce a bill entitled **An act to enable the commissioners of the 
alms-house of the city of Kingston to borrow a sum not exceeding $5,000, 
and to provide for the repayment thereof," which was read the first time, 
and hy unanimous consent was also read the second time, and referred to 
the committee on the judiciary. 

By unanimous consent, Mr. St. John asked and obtained leave to intro- 
dace a bill entitled '^An act to authorize the Fishkill and Newburgh 
Raiht)ad and Bridge Company to build a bridge across the Hudson 
river," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on railroads. 

The Assembly bill entitled **An act to provide for the employment of 
coDvicts and paupers under the control of the commissioners of public 
charities and correction of the city and county of New York," having 
been aDoounced for a third reading, 

Go motion of Mr. Gerard, and by unanimous consent, said bill was 
amended as follows: 
Add, at the end of section 1, the following: 

"It shall also be the duty of said commissioners to employ the said 
convict aud pauper labo/, so far as, in their judgment, the same may be 
practicably and advantageously done, in such branches of industry and 
10 8Qch a diversity thereof as may tend least to conflict with the interests 
of free outside industries and trades in said city and county." 
Said bill was then read a third time. 

The President put the question whether the Senate would agree to the 
iinai passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, and three- 
*"' I of said members being present, as follows : 

FOS THB AFFIBMATIVJB. 



Baaden 


Eennaday 


Rogers 


Tobey 


Cole 


Loomis 


Su John 


Vedder 


Doolittle 


McCarthy 


Sayre 
Selkreg 


Wagner 


Gerard 


Moore 


Wellman 


Hammond 


Prince 


Starbuck 


Woodin 


Harris 


Robei*t8on 








FOR 


THB KKftATIVE. 




Biiby 


Morrissey 


Schoonmaker 





22 



Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the same, 
with an amendment 

[Senatje Journal.] 30 r^ T 

Digitized by VjOOQ IC 



234 



[WBDNKSnAY, 



The Assembly bill entitled "An act to amend chapter 636 of the LawB 
of 1873, entitled *An act to provide for the appointment of a recorder 
and collector in the village of Plattsburgh, and to provide for the pave- 
ment of certain streets in said village/ " was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority of 
of all the members elected to the Senate voting in favor thereof, and three- 
fifths being present, as follows: 

FOB THE AFFIRMATIYB. 

Baaden 

Bixby 

Bradley 

Carpenter 

Doolittle 

Gerard 

Harris 35 

Ordered^ That the Clerk retarn said bill to the Assembly, with a raes 
sage informing that the Senate have concarred in the passage of the same, 
with amendments. 

The bill entitled *'An act to amend chapter 59 of the Laws of 1868, 
entitled ^An act to establish the office of receiver of taxes in the town 
of Greenburrti in the county of Westcjiester, State of New York/ '* 
was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 

FOR THE AFFIRMATIVB. 



Jacobs 

Kennaday 

Lamont 


Morriiisey 

Prince 

Robertson 


Schoonmaker 

Selkreg 

Starb'uck 


Loomis 

McCarthy 

Moore 


Rogers 
St. John 
Say re 


Wagner 

Wellman 

Woodin 



Baaden 


Jacobs 


Cole 


Kennaday 


Doolittle 


Loomis 


Gerard 


Moore 


Hammond 


Morrissey 


Harris 


Prince 



Robertson 


Starbuck 


Rogers 


Tobey 


St. John 


Vedder 


Sayre 


Wagner 
Wellman 


Schoonmaker 


Selkreg 


Woodin 



J4 

Ordered^ That the Clerk deliver said bill to the Assembly, and 
request their concurrence therein. 

The bill entitled '^An act to amend chapter 511 of the Laws of 
1875, entitled ^An act to authorize the commissioners of the town of 
Richford, in the county of Tioga, appointed under and by virtue of 
chapter 483 of the Laws of 1866, to issue bonds, and with the proceeds 
thereof to pay the bonds heretofore issued by said town, under and by 
virtue of said act," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmalive, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 

FOR THB AFFIRMATIYB. 

Baaden Harris Robertson 

Bixby Jacobs Rogers 

Bradley Kennaday St. John 



Digitized by 



Tobey 

Vedder 

Wagner 

Coogle 



March L] 235 



Caq>ODter 

Dooliitlti 


Loomis 


Schoonmaker 


Wellman 


Moore 


Selkrec: 


Woodin 


Gerard 


Morrissey 


Starbuck 





23 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their ooncarrence therein. 

The Assembly bill entitled '^An act to provide for the reporting of 
persons in the varioas State benevolent institations of this State/' was 
read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 

FOB THB AFFIBMATiyB. | 



Baaden 


Harris 


Robertson 


Starbuck 


Bixby 


Jacobs 


Rogers 


Tobey 


Cole 


Kennaday 


St. John 


Vedder 


Doolittle 


Loomis 


Schoonmaker 


Wagner 
WeUman 


Gerard 


Mon-issey 


Selkreg 



20 

Ordered^ That the Clerk return said bill to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same. 

Mr. Wagner, from the committee on public printing, to whieh was 
referred the resolution to print 3,000 copies of the Annual Report of the 
Board of Managers of the New York State Lunatic Asylum, reported 
in favor of the following resolution : 

Besohed (if the Assembly concur), That 3,000 copies of the Annual 
Report of the Board of Managers of the New York State Lunatic Asylum, 
at IJtica, be printed ; 2,900 copies for the use of the Managers and 1,000 
for the Legislature. 

The President put the question whether the Senate would agree to said 
resolatioD, and it waswiecided in the affirmative, as follows : 

FOB THB AFFIBMATIYE. 

Selkreg 

Starbuck 

Tobey 

Vedder 

Wagner 

Wellman 24 

Orderedy That the Clerk deliver said resolution to the Assembly, and 
request their concurrence therein. 

The hour of twelve o'clock having arrived, the Senate went into exec- 
utive session ; and, after some time spent therein, the doors were opened, 
and the Senate resumed legislative business. 

Mr. Robertson moved that the Assembly bill entitled *'An act to 
amend chapter 36 of the Laws of 1873, entitled ^An act to provide for a 
supply of water in the city of Yonkers,' passed February 28, 1873," be 
recommitted to the comnuttee on the affairs of cities, retaining its place 
in the order of third reading of bills 

The President put the (question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

Digitized by VjOOQ IC 



Buden 


Harris 


Morrissey 


Bixby 


Jacobs 


Robertson 


Cole 


Kennaday 


Rogers 


Coleraaij . 


Lament 


St. John 


Doolittle 


Loomis 


Sayre 
Schoonmaker 


Gerard 


Moore 



236 [WSDNBSDAT, 

Mr. Robertson, from the committee on the judiciary, to which wa« 
referred the bill entitled "An act relative to the lien of inn-keepers, 
hotel-keepers and boarding-house keepers," reported in favor of the pas- 
sage of the same, with amendments, and the title amended so as to read 
''An act to amend chapter 446 of the Laws of 1860, entitled 'An act for 
the protection of boarding-house keepers," and said bill was committed 
to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to authorize plank-road and turnpike 
companies formed under and by virtue of 'An act to provide for the 
incorporation of companies to construct plank-roads, and of companies 
to construct turnpike roads,' passed May 7, 1847, to extend their charter 
or corporate existence," reported in favor of the passage of the same, 
with amendments, and the title amended so as to read ''An act to author- 
ize plank-road and turnpike companies formed under and by virtue of 
'An act to provide for the incorporation of companies to construct plank- 
roads, and of companies to construct turnpike roads,' passed May 7, 
1847, to extend their charter or corporate existence, and to repeal chap- 
ter 283 of the lawH of 1872," and said bill was committed to the coni- 
mittee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to legalize and confirm the official acts 
of Charles A. Dolson, as notary public in the county of Allegany/* 
reported in favor of the passage of the same, and said bill was com- 
mitted to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to provide for the sale and exchange 
of the stock or bonds of any railroad corporation for the bonds of any 
municipal corporation, and also authorizing the i^<8uing of the bonds of 
such municipal corporation, less in amount than had been before agreed 
or authorized," reported in favor of the passage of the same, with 
amendments, and said bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to authorize the commissioners of the 
town of Newark Valley, in the county of Tioga, appointed under and 
by virtue of chapter 433 of the Laws of 1866, to issue bonds for the 
purpose of raising funds with which to pay the bonds of said town, 
heretofore issued by virtue of said act of 1866," reported in favor of 
the passage of the same, with amendments, and said bill was committed 
to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled "An act in relation to wills of per- 
sonal estate," reported ip favor of the passage of the same, and said bill 
was committed to the committee of the whole. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills* enti- 
tled as follows : 

Assembly, "An act to amend §§ 44 and 48, article 4, title 6, chapter 5, 
part 1 of the Revised Statutes, relative to removal of county officers." 

**An act to secure more reliable and complete information concernin^^ the 
financial and social condition of the several cities and villages of this State." 

Assembly, "An act to amend an act entitled *An act to amend and 
consolidate the several acts relating to the village of Hornellsville,' 
passed April 9, 1867, and the several acts amendatory thereof." 

Digitized by VjOOQ IC 



Mahch 1.] 



2Z1 



After some time spent therein, the President resumed the chair, and 
Mr. Lament, from said committee, reported in favor of the passage of 
the first oaraed bill, with amendments, which report was agreed to, and 
the same ordered to a third reading. 

Mr. Lament, from the same committee, reported progress on the 
second named bill, and asked and obtained leave to sit again. 

Mr. Lament, from the same committee, reported in favor of the passage 
of the last named bill, which report was agreed to, and the same ordered 
to a third reading. 

On motion of Mr. Bradley, and by unanimous consent, the rules were 
suspended and said bill was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majoriiy of all the members elected to the Senate voting in favor thereof j 
and three-fifths being present, as follows : 

FOU THE AFFIRM ATIYB. 



Baaden 


Gerard 


Robertson 


Starbnck 


Biiby 


Kennaday 


Rogers 


Tobey 


Bradley 


Lament 


St. John 


Vedder 


Carpenter 


Loomis 


Say re 
Schoon maker 


.Wagner 


Cole 


Moore 


Wellman 


Coleman 


Morrissey 


Selkreg 


Woodin 


Doolittle 


• 







25 

Ordered^ That the Clerk return said bill to the Assembly with 
amessage informing that the Senate have concurred in the passage of 
the same. 

The Assembly sent for concurrence a resolution in the words fol- 
lowing : 

Whereas^ The commercial and industrial interests of the country 
require a settled, steady, and uniform financial policy on the part of the 
government; and 

Whereoi^ The public honor, credit and safety, as well as the restora- 
tion of commercial confidence and prosperity, demand that this policy, 
by gradual and prudent steps towards the resumption of specie pay- 
ments, shall establish a sound and stable currency, based upon the 
world's standard of coin ; and 

Whereas^ The act of Congress, approved January 14, 1875, provides 
for and pledges the government to a resumption of ^peoie payments on 
the first of January, 1879 ; therefore, 

'Resolved (if the Senate eonour). That oar Senators and Representi^ 
lives in Congress be requested to oppose any repeal of the said resump- 
tion act of January 14, 1875, and that they be also requested to favor 
Bnch further legislation as may be needed to give full faith and force to 
the pledge contained in said act and thereby to ensure the permanent 
restoration of specie paymenta 

Ordered^ That saia resolution be laid upon the table. 

The Assembly returned the following entitled bill, with a message 
that they had concurred in the passage of the same. 

^'An aot to repeal chapter 327 of the Laws of 1874, entitled 'An act 
to suppress intemperance and to regulate the sale of intoxicating liquors 
in the county of Westchester.' " 

Ordered^ That the Clerk deliver said bill to the Governor. 

Digitized by VjOOQ IC 



238 [Thujisdat, 

The Assembly returned the concurrent resolution providing for a joint 
convention of the Legislature on Thursday, March 9, at 12 o^clock, to 
elect two Regents of the University, with a message that they had con- 
curred in the passage of the same. 

The Assembly sent for concurrence the bill entitled as follows : 

^^An act to extend the time for the collection of taxes in the county 
of Livingston," which was read the first time, and by unanimous consent 
was also read the second time. 

On motion of Mr. Wellman, and by unanimous consent, the rules were 
suspended, and said bill was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fiflhs being present, as follows : 

FOR THE AFFIBHATIYS. 

Baaden Gerard 

Bixby Kennaday 

Bradley McCarthy 

Cole Moore 

Coleman Morrissey 

Dgolittle Prince Selkreg 23 

On motion of Mr. Wellman, and by unanimous consent, the rules were 
suspended, and the Clerk was ordered to return said bijl to the Assem- 
bly, immediately, with a message informing that the Senate have con- 
curred in the passage of the same. 

On motion of Mr. Selkreg, the Senate adjourned. 



Robertson 


Starbuck 


Rogers 
St. John 


Tobey 


Vedder 


Sayre 


Wellman 


Schoonmaker 


Woodin 


Selkreg 





THURSDAY, MARCH 2, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. St. John presented two petitions of citizens of Dutchess and 
Orange counties for an act enabling the Fish kill and Newburgh Railroad 
and Bridge Company to construct a bridge across the Hudson river ; 
which were read and referred to the committee on railroads. 

Mr. Selkreg, from the committee on railroads, to which was referred 
the bill entitled '^An act to legalize and confirm the consolidation of the 
several railroads and companies how constituting the Geneva, Hornells- 
ville and Pine Creek Railway Company,'' reported in favor of the pas- 
sage of the same, with amendments, and said bill was committed to the 
committee of the whole. 

Mr. Selkreg, from the committee on railroads, to which was referred 
the Assembly bill entitled ^^An act to amend chapter 204 of the Laws 
of 1875, entitled *An ,act to amend chapter 758 of the Laws of 1875, 
entitled An act to authorize the towns of Otsego, Hartwick and Middle- 
field, in the county of Otsego, to issue bonds, and subscribe and take 
for said towns capital stock in the Cooperstown and Susquehanna Valley 

Digitized by VjOOQ IC 



March 2.] 239 

Railroad Compaoy,' '' reported in favor of the passage of the same, and 
8ud bill was committed to the committee of the whole. 

Mr. Prince, from the committee on miscellaneoiiB corporations, to 
which was referred the bill entitled '*An act in relation to the Shelter 
Island Grove and Gamp Meeting Association of the Methodist Episco- 
pal Church," reported in favor of the passage of the same, with amend- 
ments, and the title amended so as to read *'An act to amend chapter 
647 of the Laws of 1872, entitled *An act ta incorp<jrate the Shelter 
Island Grove and Camp Meeting Association of the Methodist Episcopal 
Cbarch,* and supplementarj thereto," and said bill was committed to 
the committee of the whole. 

Mr. Harris, from the committee on finance, to which was referred the 
Assembly bill entitled "An act making appropriations for the support of 
government," reported in favor of the passage of the same, with amend- 
ments, and said bill was committed to the committee of the whole. 

Mr. Harris moved that said bill, as amended, be printed. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

Mr. Wagner, from the committee on public printing, to which was 
referred the resolution to print 1,000 copies of the Annual Report of the 
Trustees of the State Library, reported in favor of the following 
resolution : 

Itesolved, That 1,000 copies of the Annual Report of the Trustees of 
the State Library be printed, of which 500 shall be bound for the use 
of the Library. 

The President put the question whether the Senate would agree to said 
said resolution, and it was decided in the affirmative, as follows : 

POK THE AFFIRMATIVE. 

St. John 
Selkreg 
Starbuck 
, Wagner 
Woodin 

Mr. Carpenter, from the committee on the affairs of villages, to which 
was referred the Assembly bill entitled ^'An act to amend an act entitled 
'An act to amend and consolidate the several acts in relation to the 
charter of the village of Pen n Tan,' passed April CI, 1864, and as 
amended by chapter 191 of the Laws of 1873," reported in favor of the 
passage of the same. 

On motion of Mr. Hammond, and by unai^imous consent, the rules were 
suspended, and said bill was ordered to a third reading. 

Mr. Coleman, from the committee on banks, to which was referred 
the bill entitled "An act to facilitate the making good of banking capi- 
tal, when reduced by impairment or otherwise," reported adversely 
thereto, which report was agreed to, and said bill rejected. 

Mr. Booth, from the committee on literature, to which was referred 
the bill entitled *'An act to provide for uniformity of text-books in the 
common schools,*' reported in favor of the passage of the same (Mr. 
Prince dissenting), and said bill was committed to the committee of the 
whole. 

Mr. Booth, from the committee on literature, to which was referred 
Uie bill entitled "An act to amend an act entitled 'An act to revise and 
consolidate the several ^ts relating to public instruction,' passed May 2, 

Digitized by VjOOQ IC 



Bixby 
Booth 


Doolittle 


McCarthy 


Gerard 


Moore 


Bradley 


Harris 


Morrissey 


Carpenter 


Eennaday 


Prince 


Coleman 


Lament 


Bobertson 



240 [Thujisdat, 

1864, as amended by an act paasod April 16, 1867,'* reported adverselj 
thereto. 

Mr. Schoomaker moved to disagree with the report of the committee, 
and that said motion be laid upon the table. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred, the bill entitled ''An act to require the filing of maps in the 
assessor's office in the city of Albany^," reported in favor of the paiwa^e 
of the same, and said bill was committed to the committee of the who^ 

The Assembly sent for concurrence the bills entitled as follows : 

^*An act to authorize the common council of the city of Lochport to 
raise by tax and disburse money in rebuilding Washington Hose carriage 
house in said city," which was read the first time, and by unanimous 
consent was «lso read the second time, and referred to the committee 
on the affiiirs of cities. 

'*An act to release the right, title and interest of the people of the 
State of New York of, in and to certain real estate of which John Boston 
died seized, to Charity Peterson, formerly Charity Boston, his widow,'' 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

**An act authorizing the sale of the State armory at Schenectady," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on finance. 

"An act to authorize the supervisor of the town of Queensbury, in 
the county of Warren, to pay over and dispose of certain moneys in his 
hands, rained or provided in said town for the purpose of building a 
town hall," which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on inter- 
nal affairs. 

"An act providing for the permanent maintenance of *The Seamen's 
Fund and Retreat,*^ and for the sale and conveyance of a part of the 
lands known as the " Seamen's Retreat," in the county of Richmond, 
and lor the disposition of the proceeds,' " which was read the first time, 
and by unanimous consent was also read the second time, and referred 
to the committee on finance. 

"An act to release to Bridget Porter the right, title and interest of the 
people of the State of New York in and to certain real estate in the 
Twenty-fourth ward of the city of New York," which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the committee on the judiciary. 

"An act to amend an act entitled ^An act to amend the Revised Statutes 
in relation to laying out public roads and the alteration thereof,' passed 
May 28, 1875," which was read the first time, and by unanimous con- 
sent was also read the second time, and referred to the committee on 
roads and bridges. 

"An act to authorize the commissioners of docks of the city of New 
York to sell at public auction the lease of the ferry from Grand street, 
in the city of New York, to Grand street in tbe city of Brooklyn," 
which was read the first time, and by unanimous consent was also 
read the second time, and referred to the committee on commerce and 
navigation. 

The Assembly returned the following entitled bills, with a message that 
they had concurred in the amendments of the S^ate thereto : 



Digitized by 



Google 



Mabch 2.] 241 

^'An act to legalize anil confirm all acts and proceedings of the per- 
sons elected as trustees of the village of Nelsonville, in the county of 
Putnam, darinsr their respective terms of office." 

'^Anact to authorize the trustees of the village of Nelson ville, Putnam 
county, to qualify as such." 

''Ad act to amend chapter 636 of the Laws of 1873, entitled 'An act 
to provide for the appointment of a recorder and collector in the villasre 
of Plattsburgh, and to provide for the pavement of certain streets in 
said village, passed May 28, 1873." 

Ordered^ That the Clerk return said bills to the Assembly. 

The Assembly returned the following entitled bills, with a message that 
they had concurred in the passage of the same: 

''An act to confirm a deed from the Central Baptist Church, Pough- 
keepsie, to the Baptist Church of Christ of Poughkeepsie." 

''An act to amend chapter 267 of the Laws of 1875, entitled 'An act 
for the incorporation of societies or clubs for certain lawful purposes.' " 

Ordered^ That the Clerk deliver said bills to the Governor. 

By onanimous consent, Mr. Bixby asked and obtained leave to Intro- 
dnciJ a bill entitled '^An act to amend an act entitled 'An act to reorgan- 
ize the local government of the city of New York,' passed April 30, 
1873," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the affairs 
of cities. 

By ananimous consent, Mr. Kennaday asked and obtained leave to intro- 
duce a bill entitled '^An act in relation to the jurisdiction of the Marine 
Court of the city of New York," which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on the judiciary. 

By unanimous consent, Mr. Carpenter asked and obtained leave to 
iutroduce :i bill entitled "An act to amend an act authorizing the taxa- 
tion of stockholders of banks and the surplus funds of savings, banks, 
passed April 23, 1866," which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee 
on finance. 

By unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled "An act in relation to nominations and appointments 
to till certain offices in the city of New York," which was read the first 
time, and by ananimous consent was also read the second time, and 
referred to the committee on the affairs of cities. 

By unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled "An act to amend section 38 of title 1 of chapter 17, 
part J, of the Revised Statutes, relative to auction sales in the city of 
New York," which was read the first time, and by unanimous consent was 
&lso read the second time, and referred to the committee on the affairs of 
cities. 

By ananimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled "An act relating to municipal indebtedness, and to 
provide for the redemption of the same," which was read the first time, 
and by unanimous consent was also read the second time, and referred to 
the committee on the affairs of cities. 

The Assembly bill entitled "An act to amend an act entitled *An act 
to amend and consolidate the several acts in relation to the charter of the 

[Sbnatb Jourkal.] 3 1 

Digitized by VjOOQ IC 



242 . [Thvhsdat, 

village of Penn Yan," passed April 21, 1864, and as amended by chap- 
ter 191 of the Laws of 1873," was read a third time. 

The President put the question wliether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a major- 
ity of all the members elected to the Senate voting in favor thereof, and 
three-fifths being present, as follows: 

FOB THB AFFIBMATIYB. 



Basiden 


Doolittle 


Moore 


Sayre 


Bixby 


Gerard 


Morrissey 


Schoon maker 


Booth 


Hammond 


Prince 


Selkreg 


Bradley 


Harris 


Robertson 


Starbuck 


Carpenter 


Laniont 


Rogers 


Wellnian 


Cole 


Loomis 


St. John 


Wood in 


Coleman 


McCarthy 







26 

Ordered^ That the Clerk return said bill to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
tht same. 

The Assembly bill entitled ^'An act to amend sections 44 and 48, 
article 4, title 6, chapter 5, part 1 of the Revised Statutes, relative to 
removal of county officers," having been announced for a third reading, 

Mr. Woodin moved to recommit said bill to the committee on the 
judiciary, with instructions to amend as follows: 

Add as § 3 the following : 

'' § 3. Section 49 of article 4, title 6, chapter 5, part fiirst of the Revised 
Statutes, is hereby amended so as to read as follows : 

§ 49. In every case where a vacancy shall occur in the office of sherifl^ 
county treasurer any superintendent of the poor, any coroner, district 
attorney or clerk of any county, or the register or clerk of the city and 
county of New York, for any cause, the board of supervisors of the 
count/ where such vacancy shall occur, shall, within ten days thereafter, 
by ballot, select some fit person who is eligible to the office, to execute 
the duties thereof until it shall be supplied by an election. The person 
so appointed, after taking the oath of office and executing a bond, if one 
be required, of the officer in whose place shall be appointed, shall possess 
all the rights and powers, and bu subject to all the duties and obligations 
of the officer so removed." 

Mr. Robertson," from the committee on the judiciary, to which was 
recommitted the Assembly bill entitled '^An act to amend sections 44 
and 48, article 4, title 6, chapter 5, part 1 of the Revised Statutes, rela- 
tive to removal of county officers," with instructions to amend the same, 
report that the committee have had the same under consideration, have 
made the amendments thereto as instructed by the Senate, and have 
directed their chairman to report the same to the Senate. 

Said bill was then read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 

FOB THB AFFIBMATIYB. 

Baaden Doolittle Morrissey Tobey 

Booth Hammond Prince Vedder 

Bradley Harris St. John Wagner 



Digitized by 



Google 



March 2J\ 



243 



Carpenter 

Cole 

Coleman 



Bixby 
Gerard 



Lamont 


Sayre 


Well man 


McCarthy 


Selkreg 


Woodin 


Moore 







22 



FOR THE NSGATIVB. 

Robertson Schoon maker Starbuck 



Rogers 



When the name of Mr. Loomis was called, he asked to be excused from 
voting. 

The President put the question whether the Senate would gnant said 
request, and it was decided in the affirmative. 

Mr. Schoomaker moved to reconsider the vote by which said .bill was 
pa88ed. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative, as follows: 

FOR TUB AFPXRMATIVK. 



Bixby 


Harris 


Morrissey 


Starbuck 


Bradley 


Jacobs 


Robertson 


Tobev 


Carpenter 


Lamont 


Rogers 


Vedder 


Coleman 


Loomis 


St. John 


Wagner 
Wellman 


Gerard 


McCarthy 


Sayre 


Hammond 


Moore 


Sohoonmaker 


Woodin 



24 



FOR THE NEGATIVB. 



Baadtn 



Booth 



Doolittle 



Selkreg 



Mr. Gerard moved that said bill be recommitted to the committee of 
the whole, and printed as amended. 

The President put the question whether the Senate would agree to said 
motion, and it wan decided in the affirmative. 

Mr. Woodin called from the table the Assembly concurrent resolution 
in the words following: 

Whereas^ The commercial and industrial interests of the country 
require a settled, steady and uniform financial policy on the part of the 
government; and 

Whereeu^ The public honor, credit and safety, as well as the restoration 
of commercial confidence and prosperity demand that this policy, by 
gradual and prudent steps toward the resumption of specie payments, 
shall establish a sound and stable currency, based upon the world's 
standard of coin ; and 

WhereaSy The act of Congress, approved January 14, 187*, provides 
for and pledges the government to a resumption of specie payments on 
the first of January, 1879 ; therefore, 

Resolved (if the Senate concur), That our Senators and Representatives 
ui Congress be requested to oppose any repeal of the sajji resumption 
act of January 14, 1875, and that they be also requested to favor such 
further legislation as may be needed to give full faith and force to the 
pledge contained in said act, and thereby to insure the permanent 
restoration of specie payments. 

The President put the question whether the Senate would agree to 
said resolution, and it was decide^ ii) {he afSmvatiye, as follows ; 



Digitized\by Google 





244 


[Thursday, 


FOR THB AFFI.RMATIVB. 




Hammond 


Morrissey 


Selkreg 


Harris 


Prince 


Starbuck 


Jacobs 


Robertson 


Tobey 


Lamont 


Rogers 
St. J ohn 


Vedder 


Loomis 


Wagner 


McCarthy 


Sayre 


Wellman 


Moore 


Schbonmaker 


Woodin 28 



Baaden 

Booth 

Bradley 

Cole 

Coleman 

Doolittle 

Oerard 

Ordered^ That the Clerk return said resolution to the Assembly, with 
a message informing that the Senate have concurred in the passage of the 
same. 

Mr. Bradley moved to take from the table the resolution in the words 
following : 

jReaoloed (if the Assembly concur), That the Legislature adjourn sine 
die Friday, 17th day of March, 1876. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Bradley moved that said resolution be amended by striking out 
the word *' 17th," and inserting the word '*24th." 
.Pending which and after debate, 

Mr. Woodin moved that said resolution be laid upon the table. 

The President put the question whether the Senate would agree to 
Sftid motion, and it was decided in the affirmative, as follows : 



Baaden 
Booth 
Carpenter 
Cole 



Bixby 
Bradley 
Gerard 
Hammond 



FOB THJS AFFIBMALIVB. 

Coleman Moore 

Doolittle Prince 

Harris Robertson 

McCarthy Selkreg 



FOR THE NHGATIVE. 



Jacobs 
Ken n ad ay 
Laitiont 
Loomis 



Morrissey 
Rogers 
St. John 



Vedder 
Wellman • 
Woodin 



Sayre 

Schoonmaker 

Starbuck 



15 



14 



Mr. Doolittle moved that Assembly bill entitled *'An act to amend 
chapter 204 of the Laws of 1875, entitled 'An act to amend chapter 
758 of the Laws of 1865, entitled An act to authorize the towns of 
Otsego, Hartwick and Middlefield, in the county of Otsego, to i^sue 
bonds and subscribe and take for said towns, capital stock in the Coop- 
erstown and Susquehanna Valley Railroad Company,' " be considered 
in first committee of the whole. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration ol general orders, being the bills entitled 
as follows : 

''An act to amend chapter 817 of the Laws of 1872, entitled 'An act 
to regulate the practice of pharmacy and the sale of poisons in the city 
and county of New York,' passed May 22, 1872." 

Assembly, ''An act to amend chapter 204 of the Laws of 1875, entitled 
^An act to amend chapter 758 of the Laws of 1865, entitled An act to 

Digitized by VjOOQ IC 



Mabch 2.] 245 

authorize the towns of Otsego, Hartwick and Middlefield, in the coanty 
of Otsego, to issne bonds and subscribe and take for said towns capital 
stock in the Cooperstown and Susquehanna Yaliey Railroad Company.' " 
"An act to amend chapter 173 of the Laws of 1875, entitled ^An act 
to provide for the better care of pauper and destitute children.' " 

Afler some time spent therein, the President resumed the chair, and 
Mr. Cole, from said committee, reported in favor of the passage of the 
first named bill, with amendments, and the title amended by striking 
out the words ''passed May 22, 1872," which report was agreed to, and 
the same ordered engrossed for a third reading. 

Mr. Cole, from the same committee, reported progress on the second 
named bill, and asked and obtained leave to sit again. 

Mr. Cole, from the same committee, reported progress on said last 
named bill, and asked and obtamed leave to sit again. 

By unanimous consent, Mr. Robertson, from the committee on the 
judiciary, to which was referred the bill entitled ''An act relating to the 
assignraeot of certain mortgages," reported in favor of the passage of 
the same, with amendments, and the title amended so as to read "An act 
to confirm the assignment of a certain mortgage by the commissioners 
for loaning certain moneys of the Uuited States, of the county of Ontario, 
to Thomas Keator," and said bill wat* committed to the committee of 
the whole. 

By unanimous consent, Mr. Robertson, from the committee on the 
judiciary, to which was referred the bill entitled "An act to facilitate the 
settlement ot bills of exceptions in criminal cases," reported in favor of 
the passage of the same, and said bill was committed to the committee 
of the whole. 

By unimimons consent, Mr. Robertson, from the committee on the 
judiciary, to which was recommitted the bill entitled "An act in relation 
to county treasurers," reported in favor of the passage of the same, with 
amendments, and said bill was committed to the committee of the whole. 

By unanimous consent, Mr. Robertson, from the committee on the 
judiciary, to which was referred the bill entitled "An act to enable the 
commiH^ioners of the alms-honse of the city of Kingston to borrow a 
sum not exceeding (5,000, and to provide for the repayment thereof," 
reported in favor of the passage of the same, with amendments, and 
said bill was committed to the committee of the whole. 

Mr. Jacobs offered the following : 

Heaolvedy That a respectful message be sent to the Assembly request- 
ing the return to the Senate of Senate bill No. 34, entitled "An act 
changing the name of the TJtica and Black River Railroad Company, 
and conferring its powers and franchises upon the company under the 
new title." 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

On motion of Mr. Jacobs, and by unanimous consent, the rules were 
suspended, and the clerk was ordered to deliver said resolution to the 
Assembly immediately, and request their concurrence therein. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bill enti- 
tled as follows : 

"An act to amend chapter 430 of the Laws of 1874, entitled "An act 
to facilitate the re-organization of railroads sold under mortgage, and 
providing for the formation of new companies in such cases.'* 



Digitized by 



Google 



246 f F«DAT, 

After some time spent therein, the President resumed the chair, and 
Mr. Selkreg, from said committee, reported progress on the said named 
bill, and asked and obtained leave to sit again. 

On motion of Mr. McCarthy, the Senate adjourned. 



FRIDAY, MARCH 3, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Doolittlc presented a petition of citizens of Lenox, county of 
Madison, for the establishment of a boundary line between said town 
and the town of Vernon, Oneida county; which was read and referred 
to. the juommittee on erection and division of towns and counties. 

Mr. Bradley presented a petition of citizens of Corninir, relative to 
the relief of the Corning Library ; which was read and referred to the 
committee on literature. 

Mr. St. John presented a petition of citizens of Dutchess and Orange 
counties, granting to the Newbtirgh Railroad and Bridge Company the 
right to build a bridge over the Hudson river; which was read and 
referred to the committee on railroads. 

Mr. Vedder, from the committee on internal affairs, to which was 
referred the bill entitled *'An act in relation to the inspection and run- 
ning of steamboats on Chautauqua lake," reported in favor of the pas- 
sage of the same, with amendments, and said bill was committed to the 
committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled '^An act to amend section 2, of chapter 514, of 
the Laws of 1876, entitled 'An act to provide for the election of police 
justices in villages,' " repoi-ted in favor of the passage of the same, with 
amendments, and said bill was committed to the committee of the 
whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act in relation to proceedings under title 1, 
chapter 5 of part 2 of the Revised Statutes, for the discharge of insol- 
vent or imprisoned debtors," reported in favor of the passage of the 
same, with amendments, and said bill was committed to the committee 
of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act in relation to the court of general ses- 
sions of the peace, in and for the city and county of New York," 
reported in favor of the passage of the same, with amendments, and said 
bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
retierred the Assembly bill entitled "An act to amend section 6, chapter 
427, Laws of 1855, in relation to description on assessment rolls of 
lands assessed as resident, on which taxes remain unpaid," reported in 
favor of the passage of the same, with amendments, and the title 
amended so as to read "An act to amend section 5 of chapter 427, LawB 

Digitized by VjOOQIC 



Masch 3.] 247 

of 1865, entitled 'An act in relation to the collection of taxes on land* 
of non-resident8, and to provide for the sale of such lands for unpaid 
taxej*," and said bill was committed to the committer* of the whole. 

Mr. Roberlson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to relieve married women fnom dis- 
ability in transacting business,'^ reported advereely thereto. 
After debate, 

Mr. Eennaday moved that said report be laid upon the table. 

The President put the question whether the Senate would agre^ to 
8iid motion, and it was decided in the affirmative. 

Mr. KobertNon moved that the question of agreeing to the report of 
the committee be made a t<pecial order for Wednesday morning next, 
immediately after reading the journal. 

The President pat the question whether the Senate would agree to 
Baid motion, and it was decided in the aftirmative, two-thirds of all the 
members elected to the Senate votin*^ in favor thereof. 

Mr. Prince, from the committee on charitable and religious societies^ 
to which was referred the bill entitled *'An act relating to children," 
reported in favor ot the passage of the same, with amendments, and said 
bill was committed to the committee of the whole. 

Mr. Carpenter, from the committee on the affairs of villages, to which 
was referred the Assembly bill Entitled '*An act to amend chapter 448 
of the Laws of 1868, entitled 'An act to incorporate the village of Gouv- 
erneur, in the county of St. Lawrence, and t«» repeal its present charter,' " 
reported in favor of the passage of the same, and said bill was commit- 
ted to the committee of the whole. 

Mr. Carpenter, from the committee on the aifairs of villages, to wliich 
was referred the Assembly bill entitled "An act to amend chapter 181 
of the Laws of 1875, entitled *Au act to authorize the villages of the 
Stale of New York to furnish pure and wholesome water to the inhabit- 
ants thereof,' "• reported in favor of the passage ot the same, and said bill 
was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled "An act to amend chapter 77 of the Laws of 
1870, entitled ^An act to amend the act to combine into one act the 
i<evernl acts relating to the city of Albany, passed April 12th, 1842, 
and the several acts amendatory thereof, in so far as they relate to 
the city of Albany,' " reported in favor of the passage of the same, 
with amendments, and said bill was committed to the committee of the 
whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled **'An act in relation to the commissioners of 
jurors in the city and county of New York," reported in favor of the 
pa88ae:e of the same, with amendments, and said bill was committed to 
the cororoittee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled "An act to repeal an act entitled *An act to alter 
the map or plan of the city of New York, by laying out thereon a pub- 
lic place for a parade ground, and to authorize the taking of the same,' 
pasbed April 20, 1871," reported adversely thereto, which report was 
agreed to, and said bill rejected. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bill entitled as iollows : 

^*Ad act to amend chapter 817 of the Laws of 1872, entitled *Aq act 

Digitized by VjOOQ IC 



248 [Fiui>AT, 

to regalate the practice of pharmacy and the sale of poisons in the city 
and county of New York,' passed May 22, 1872." 

Mr. Woodin, from the committee on the affairs of cities, to which mras 
recommitted the Assembly bill entitled "An act to amend chapter 86 of 
the Laws of 1873, entitled *An act to provide for a supply of water in 
the city of Yonkers,' passed February 28, 1873," reported in favor of 
the ])a88affe of the same, and said bill was ordered to a third reading. 

Mr. SeTkreg, from the committee on railroads, to which was referred 
the bill entitled "An act to amend an act entitled 'An act to authorize 
the formation of railroad corporations, and to regulate the same," 
reported in favor of the passage of the same, and said bill was committed 
to the committee of the whole. 

Mr. Selkreg, from the committee on railroads, to which was referred 
the bill entitled '^An act to umend chapter 602 of the Laws of 1853, 
entitled 'An act to authorize stockholders of railroad and plank-road 
companies to make payments upon mortgages in process of foreclosure 
against such companies, and thereupon to become interested in said 
mortgages,' " reported in favor of the passage of the same, and said bill 
was committed to the committee of the whole. 

Mr. Cole, from the joint committee of the Senate and Assembly, pre- 
sented a report of the joint committee of the Senate and Assembly, relative 
to canal investigation, which was laid upon the table and ordered printed. 

{See Doc. No. 48.) 

The President presented a report of Messrs. Olmsted, Eidlitz & Rich- 
ardson, relative to the plans and estimates for building the new Capitol, 
which WHS laid upon the table and ordered printed. 

{See Doc. No. 49.) 

The Assembly returned, in response to a resolution of the Senate, tho 
bill entitled '^An act changing the name of the Utica and Black River 
Railroad Company, and conferring its powers and franchises upon the 
company under the new title." 

Mr. .Jacobs moved to reconsider the vote by which said bill was 
passed. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative, as follows : 

POtt THE APPIKMATIYB. 



Baaden 


Gerard 


Moore 


Schoonmaker 


Bixby 


Hammond 


Morrissey 


Selkreg 


Bradley 


Jacobs 


Prince 


Surbuck 


Carpenter 


Kennaday 


Robertson 


Vedder 


Cole 


Lament 


Kogers . 


Wagner 


Coleman 


Loomis 


>t. John 


Well man 


Doolittle 


McCarthy 


Say re 


Woodin 



28 

Mr. Sayres moved that said bill be recommitted to the committee on 
railroads, retaining its place in the order of third reading of bills. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirinaiive. 

The Assembly returned the Assembly bill entitled '^An act to provide 
for the employment of convicts and paupers under the control of the 
commissioners of public charities and correction of the city and county 
of New York," with a message that they had concurred in the amend- 
ments of the Senate thereto. 

Ordered^ that the Clerk return said bill to the Assembly. 

Digitized by VjOOQ IC 



MAiicu3.] 249 

The Assembly returned the bill entitled '* An act to amend chapter 1 38 
of the Lawii of 1 855, entitled ^An act to incorporate the Niagara Falls 
Saspension Bridge Company,' passed March 81, 1856,^' with a message 
that they had concnrred in the passage of the same. 

Ordered^ That the Clerk deliver said bill to the Governor. 

Bjnnanimons consent, Mr. Emerson asked and obtained leave to intro- 
doce a bill entitled ^^An act to aathorize municipal corporations holding 
the first mortgage bonds of the Rochester and 8tate Line Railway Com- 
pany, to exchange the same for the capital stock of said company," 
which was read the first time, and by unanimous consent was also read 
the second time. 

On motion of Mr. Emerson, and by unanimous consent, the rules were 
BOBpended, said bill was committed to the committee of the whole, and 
ordered considered in first committee not full. 

By nnanimons consent, Mr. Bixbv asked and obtained leave to intro- 
daoe a bill entitled ^'An act in relation to arrears of taxes in the city of 
New York," which was read the fir>t time, and by unanimous consent 
was also read the second time, and referred to the committee on the 
affiirs of cities. 

By unanimous consent, Mr. Bixby asked and obtained leave to intro- 
dace a bill entitled '^An act to amend chapter 319 of the Laws of 1848, 
entitled ^An act for the incorpoi*ation of benevolent, charitable, scientific 
and missionary nocieties,' and the several acts amendatory thereof," 
which was read the first time, and by unanimous consent was also read 
the fiecond time and referred to the committee on miscellaneous 
corporations. 

By unanimous consent, Mr. Schoonmaker asked and obtained leave to 
introdnoe a bill entitled ^^An act to amend an act entitled ^An act to 
enlarge the powers of boards of supervisors, passed April 18, 1883,* in 
relation to highways,'* which was read the first time, and by unanimous 
oonBent was also read the second time, and referred to the committee 
OD roadn and bridges. 

By unanimouH consent, Mr. Starback asked and obtained leave to intro- 
duce a hill entitled ^'An act to authorize the town of Wilna, in the 
county of Jefferson, to re-issue bonds to redeem and pay the bonds 
issued by said town in aid of the Utica and Black River Railroad Com- 
pany, by virtue of chapter 624 of the Laws of the State of New York, 
pasiied April 1 7, 1 866,'^ which was re.id the first time, and by unanimous 
consent was also read the second time, and referred to the committee on 
railroads. 

By nnanimons consent, Mr. Schoonmaker asked and obtained leave to 
introduce a bill entitled *^An act to amend an act entitled 'An act to 
simplify and abridge \\i^ pr^pf^ice, pleadings and proceedings of the 
courtoof this State,^ passed Apn| 12, 1848,'' which wa|s read the first 
titue, and by unanimous consent was also read the second time, and 
referred to the committee on the jqdiciary. 

By ananimous consent, Mr. Braclley asked and obtained leave to intro- 
duce a bill entitled *'An act to repef^f sections 3, 4, 5, 6, 7 and 8 of chap- 
ter 392 of the Laws of 1873, entitled '^p act for the relief of the Coming 
Library,"* which was read the first time, and by unanimous con- 
B^nt was also read the second tin\e^ i^i^d referred to the committee on 
Hieratare. 

[Srm ATB Journal.] 82 

Digitized by VjOOQ IC 



250 



[FsiI>A.Ty 



Bixl)v 
Bradley 


Harris 


Jacobs 


Coleman 


Kennaday 


Doolittle 


Loomis 


Gerard 


McCartby 


Hammond 


Moore 



The Assembly bill entitled '^An act to amend chapter 36 of the Laws 
of 1873,. entitled *An act to provide for a supply of water in the city of 
Yonkers,' passed February 28, 1878," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the afBrmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fiflhs being present, as follows : 

FOR TRB AFPIRHATIVB. 

Morrissey Selk reg 

Prince Starbuck 

Robertson Vedder 

Rogers Wagner 

St., John Wefiman 

Sayre 23 

On motion of Mr. Robertson, and by unanimous consent, the rules were 
suspended, and the Clerk was ordered to return said bill to the Assem- 
bly, immediately, with a message informing that the Senate have ooo- 
curred in the passage of the same. 

The bill entitled **An act to amend section 4 of chapter 254 of the 
Laws of 1847, entitled ^An act concerning the laws, journals and 
documents of the Legislature,'" having been announced for a third 
reading, 

Mr. Harris moved that said bill be laid upon the table. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

The bill entitled '*An act to amend chapter 817 of the Laws of 1872, 
entitled *An act to regulate the practice of pharmacy and the sale of 
poisons in the city and county of New York,' passed May 22, 1872," 
was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, and 
three-fifths being present, as follows : 



FOB THB AFFIBMAUVS. 



Baaden 

Bixby 

Bradley 

Cole 

(Joleman 

Doolittle 

Bmerrion 



Gerard 


Loomis 


Hammond 


McCarthy 


Harris 


Moore 


Jacobs 


Morrissey 


Kennaday 


Prince 


Lament 


Robertson 



Rogers 
St. John 
Schoonmaker 
Starbuck 
Wagner 
Weil man 



85 



Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

Mr. McCarthy offered the following : 

WhereaSj The Canal Investigating Commission, in their last report, 
assert that the sum of $398,875.99 has been paid to various contractors, 
for work that was never performed, as appears by the following extract 
from said report : 

'*The following sums are shown, by the reports of this Commission to 
the Executive, to have been estimated to the contractors for work that 
was never performed, or was improperly paid for through erroneous 



Digitized by 



Google 



Habch 3.] 251 

dassifioatioD, and for which the receivers shoald be required to make 
restitiitioii : • 

Denifion, Belden Sd Co. : Port Schuyler to Lower Mohawk 

aqueduct $167, 33V 02 

Denison, Belden & Co. : East of the city of XTtica 16,121 35 

Willard JohnBon : Lower side-cut lock. Went Troy 30,595 65 

DeDiBOD, Belden & Co. : Bullard's Bend contract 85,547 62 

K W. Williams : Building vertical walls at Rome 3,041 08 

Flagler k Reilley : Fort Plain contract 5 , 81 5 35 

S. I). Keller : Jordan Level contract 36 , 568 3li 

N. S. Gere : Jordan Level contract 8, 801 90 

Thomas Gale : Jordan Level contract 6 ,667 94 

Horace Candee : Jordan Level contract 17,557 33 

$368,093 63 
Add to this the balance yet due for money paid under the 
first John Hand award 30,782 36 

>398,875 99 

And^ wherecUy No information has reached the Senate that more than 
one firm of such contractors has been prosecuted ; and, 

Wheretu^ It is the opinion of said Commission that said sum, large as 
it may appear, is but a fraction of the amount due to the State from , 
similar sources, as appears by the following extract from their report : 
** Large as the sums appear, we are fully impressed with the belief that 
they form but a fraction of the amount that is due to the State from 
similar sources ; " therefore 

Baolmd^ That the Attorney-General be respectfully requested to 
oommunicate to the Senate, at as early a day as practicable, the reasons 
why all the parties thus charged have not been prosecuted, and the 
claims of the State pushed forward for collection, and whether any fur- 
ther, and, if any, what legislation is necessary to enable the Attorney- 
General to carry on such prosecution. 

Mr. Woodin moved that said resolution be laid upon the table. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

Mr. Bradley offered the following : 

Resolved (if the Assembly concur). That the Legislature adjourn sine 
die on Friday the 7th day of April, 1876. 

Orderedy That said resolution be laid upon the table. 

Mr. Doolitile offered the following : 

Heeolved^ That when the Senate adjourn to-day, it be until Monday 
eveiiinjf next at 7+ o'clock. 

The President put the question whether the Senate would agree to said 
redolution, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills and 
concurrent resolution entitled as follows : 

"An act to legalize the official acts of Charles M. Johnston, a justice 
of the peace of the town of Cameron, Steuben county.'* 

Reeoloed (if the Senate concur). That article 9 of the Constitution be 
amended by the addition of the following sections : 

Digitized by VjOOQ IC 



252 [UOKDAT, 

§ 2. The State shall maintain a Bystem of common sohools which shall 
he free forever. The Legislature shall provide for the instruction in the 
branches of rudimentary (education, for the period of at least twenty-eight 
weeks in each year, of all persons in the Srate between the ages of five 
and twenty-one years, by annually raising therefor, by tax upon the real 
and personal estate in the respective counties, a sum of not less than 
$3,000,000. 

§ 3. Neither the money nor the credit of the State, nor of any county, 
town or municipal corporation, shall be given or loaned to, or be other- 
wise applied to the support of any school or school h under the control 
of any religious sect or denomination, or to any school or schools not 
wholly the property of the State, or of the county, city, town or village 
in which they are located. 

Resolved (if the Senate concur), That the foregoing amendment bci 
referred to the Legislature to be chosen at the next general election of 
Senators, and that, in conformity with section one of article thirteen of the 
Constitution, it be published for three months previous to the time of 
such election. 

^'An act to authorize ipunicipal corporations holding the first mortgage 
bonds of the Rochester and btate Line Railway Company, to exchange 
the same for the capital stock of said company.^' 

After some time spent therein, the President resumed the chair, and 
Mr. Moore, from said committee, reported in favor of the passage of 
the first named bill, which report was agreed to, and the same ordered 
engrossed for a third reading. 

Mr. Moore, from the same committee, reported progress on said 
concurrent resolution, and asked and obtained leave to sit again. 

Mr. Gerard moved that the committee of the whole be discharged 
from the further consideration of said resolution, and that the same be 
referred to the committee on literature. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Moore, from the same committee, reported progress on* the last 
named bill, and asked and obtained leave to sit again. 

Mr. Vedder moved that the committee of the whole be discharged 
from the further consideration of said bill, and that the same be ordered 
to a third rcfading ; that the said bill be printed and referred to the 
committee, on the judiciary, retaining its place in the order of third 
reading. 

The President put the question whether' the Senate would agree to 
■aid motion, and it was decided in the affirmative. 

On motion of Mr. Bixby, the Senate adjourned. 



MONDAY, MARCH 6, 187«. 
The Senate met pursuant to adjournment. 



Prayer by the Chaplain. 

The Journal of Friday, March 9, wds read and approved* 
Mr. Bootli presented a memorial of the comptroller of the city of New 
York, for the repeal of the amendment of section 120, chapter 80, Laws 



Digitized by 



Google 



Mabgh 6.] 253 

of 1870 (chap. 223, Laws ot 1875), relative to National Ouard, bo far as 
the same relates to the city and county of New York ; which was read 
and referred to the committee on militia. 

The Assembly sent for concurrence a resolution in the words fol- 
lowing^ : 

Resolved (if the Senate concur), That there be printed 600 copies of the 
Report of the Superintendent of the Salt Sprinflcs, for the use of his office. 

Ordered^ That said resolution be referred to the committee on public 
printing. 

By unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled ''An act relative to judgments entered upon forfeited 
recognizances in the city and county of New York," which was read the 
first time, and by unanimous consent was also read the second time, and 
referred to the committee on the judiciary. 

By unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled *'An act to amend an act entitled 'An act to amend 
chapter 80 of the Laws of 1870, entitled An act to provide for the 
enrollment of the militia, for the orgsnisation of the National Guard of 
the State of New York, and for the public defence, and entitled the 
Military Code,' passed April 80, 1875," which was read the first time, 
and by unanimous couBcnt was also read the second time, and referred 
to the committee on militia. 

By unanimous consent, Mr. Cole asked and obtained leave to introduce 
a bill entitled *^An act supplementary to an act entitled *An act to incor- 
porate the Firemen's Benevolent Association of the village of Le Roy,* 
passed April 11, 1858," which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee 
on the affairs of villages. 

By unanimous consent, Mr. Carpenter asked and obtained leave to 
introduce a bill entitled ^'An act to amend chapter 497 of the Laws of 
1874, entitled 'An act to amend the charter of the city of Poughkeepsie, 
and to consolidate with it other acts relating to said city,' " which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the affairs of cities. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled *^An act to provi<le for the payment of expenses in- 
carred by the city of Auburn in making improvements in front of prop- 
erty owned by the State," which was read the first time, and by unani- 
mens consent was also read the second tim.', and referred to the com- 
mittee on the affairs of cities. 

The Assembly returned the following entitled bill, with a message 
that they had concurred in the passage of the same. 

^An act further to amend chnpter 270 of the Laws of 1860, 
entitled *An act to authoriase the appointment of commissioners to take 
the proof and acknowledgment of deeds and other instruments, and to 
administer oaths in other States and teiTitories." 

Ordered^ That the Clerk deliver said bill to the Governor. 

Mr. Vedder offered the following : 

Whereas^ The large amount of mail and express matter sent from the 
Senate renders additional assistance necessary ; 

Besalvedy That George Martinus be and is hereby appointed superin- 
tendent of mail and express matter for the present session, and that he 
receive the same per diem and mileage compensation now by law author- 
ized and paid to the assistant postmaster of the Senate for the session of 

Digitized by VjOOQ IC 



Coleman 


Prince 


Selkreg 


Harris 


Robertson 


SUrbuok 


McCarthy 


Rogers 


Vedder 


Morrissey 


Schoonmaker 


Wood in 



254 [Monday, March 6.] 

1876, and that the said oorapenffation be paid in the same manner that 
the other officers of the Senate are paid, to take effect from the 10th day 
of February, 1870. 

The President put the qnestion whether the Senate would agree to said 
said resolution, and it was decided in the affirmative, as follows : 

FOR THE AFFIBlfATIVB. 

Baaden 

Booth 

Bradley 

Carpenter 

Cole 17 

FOB THB NBGATIVB. 

Hammond 1 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

^*An act to repeal an act entitled *An act in relation to the opening, 
widening and extending of streets, avenues and public places in the city 
of New York,' passed May 20, 1869." 

*^An act to amend chapter 430 of the Laws of 1874, entitled *An act 
to faciHtate the reorganization of railroads sold under mortgage, and 
providing for the formation of new companies in such caseK." 

"An act to' amend chapter 821 of the Laws of 1873, entitled ^An act 
to amend an act entitled An act to amend an act entitled An act for the 
beneHt of married women in insunng the lives of their husbands, paased 
April 14, 1858,' passed April 18, 1870." 

After some time spent thereio, the President resumed the chair, and 
Mr. Selkreg, from said committee, reported in favor of the passage of 
the first named bill, with amendments, and the title amended so as to 
read ^*An act to repeal chapter 930 of the Laws of 1869, entitled *An 
act in relation to tne opening, widening and extending of streets, ave- 
nues and public places in the city of New York,' " which report was 
agreed to, and the same ordered engrossed for a third reading. 

Mr. Selkreg, from the same committee, reported in favror of the pas- 
sage of the two last named bills, with amendments, which report was 
agreed to, and the same ordered engrossed for a third reading. 

Mr. Selkreg moved that the bill entitled ^'An act to authorize the 
commissioners of the town of Newark Valley, in the county of Tioga, 
appointed under and by virtue of chapter 433 of the Laws of 1866, to 
issue bonds, for the purpose of raising funds with which to pay the 
bonds of said town heretofore issued by virtue of said act of 1866,'' be 
considered in the first committee of the whole. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative, two«>thirds of in the mem- 
bers elected to the Senate voting in favor thereof. 

Mr. Harris moved that the bilTentitled ''An act making appropriations 
for the support of government," be considered in the first committee of 
the whole on Tuesday, March 7. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 



Digitized by 



Google 



|Tiri8DAT, Mabch 7.1 266 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled ss follows : 

**An act in relation to repairs of certain streets in the city of Albany." 

"An act to authorize the commissioners of the town of Newark Val- 
ley, in the coanty of Tioga, appointed under and by virtue of chapter 
438 of the Laws of 1866, to issue bonds, for the purpose of raising funds 
with which to pay the bonds of said town, heretofore issued by virtue 
of said act of 1866." 

**An act to build a sewer along Beaver creek in the city of Albany." 

After some time spent therein, the President resumed the chair, and 
Mr., Vedder, from said committee, reported in favor of the passage of 
the two first named bills, which report was agreed to, and the same ordered 
engrossed for a third reading. . 

Mr. Vedder, from the same committee, reported in favor of the passage 
of the last named bill, with amendments, and the title amended so as 
to read "An act to authorize a sewer to be built along Beaver creek in 
the city of Albany," which report was agreed to, and the same ordered 
engrossed for a third reading. 

On motion of Mr. iSelkreg, the Senate adjourned. 



TUESDAY, MARCH 7, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Gerard presented a remonstrance of 600 members of the bar of 
the oity of New York, against the Assembly bill giving to the sheriffs 
of the several counties the service of summons and complaint in all 
actions in courts of record ; which was read and referred to the commit- 
tee on the judiciary. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled ''An' act to amend section 4, title 6, chapter 20 
of the first part of the Revised Statutes, entitled ' Of disorderly persons," 
reported in favor of the passage ot the same, with amendments, and said 
bill was committed to tlie committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to winch was 
referred the bill entitled *^An act in relation to the jurisdiction of the 
Marine Court of the city of New York," reported in favor of the pas- 
sage of the same, with amendments, and the title amended so as to 
read ^*An act to amend chapter 479 of the Laws of 1876, entitlfd *An 
act in relation to the jurisdiction of the Marine Court of the city of New 
York, and to the justices of said court,' " and said bill was committed 
to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled ^*An act to provide for the pavment of the 
expenses incurred by justices of the Supreme Court while engaged in 
attendance upon courts not assigned to them," reported adversely 
thereto, which report was agreed to, and said bill rejected. 



Digitized by 



Google 



266 [TiTBBOAT, 

Messrs. Ru^sel and Halliday, a committee on the part of the House, 
appeared in the Senate and annoanced the election of Hon. Gk^or^e P. 
Sloan as Speaker, jpro tern ^ of the Assembly. 

Mr. Moore, from the committee on agricnltare, to which was referred 
the Assembly bill entitled ^^An act to amend an act entitled ^An act to 
incorporate the Catskill Agricultnral and Horticultnral Association/ 
passed May 9, 1 867," reported in favor of the passage of the same, w^ith 
amendments, and the title amended so as to read ^^An act to amend 
chapter 835 of the Laws of 1867, eri titled ^An act to incorporate the 
Cittskill Agricultural and Horticultural Association," and said bill was 
committed to the committee of the whole. 

Mr. Wopdin, from the committee on the affairs of cities, to which w^as 
referred tHe bill entitled '^An act to amend chapter 470 of the Laws of 
1874, entitled ^An act to ameiid the charter of the city of Ponghkeepsie, 
and to consolidate with it other acts relating to said city," reported in 
favor of the passage of the same, and snid bill was committed to the 
committee of the whole. 

Mr. Carpenter moved that said bill be considered in the first oommit- 
tee of the whole. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 

Mr. Woodin, from the committee on engrossed bills, reported 'as cor- 
rectly engrossed the bills entitled as follows : 

^^An act to repeal an act entitled *An act in relation to the openiniTf 
widening and extending of streets, avenues and public places in the city 
of New York,' passed May 20, 1869." 

^'An act to authorize a sewer to be built along Beaver creek in the 
city of Albany,'* 

**An act in relation to repairs of certain streets in the city of Albany.'* 

^'An act to authorize the commissioners of the town of Newark 
ValleVy in the eounty of Tioga, appointed under and by virtue of chap- 
ter 483 of the Laws of 1866, to issue bonds, for the purpose of raisinp^ 
funds with which to pay the bonds of said town heretofore issued by 
virtue of said act of 1866." 

^'An act to amend chapter 821 of the Laws of 1873, entitled ^An act 
to amend an act entitled An act to amend an act entitled An act for the 
benefit of married women in insuring the lives of their husbands,* pasaed 
April 14, 1858, passed April 18, 1870." 

^*An act to legalize the official acts of Charles M. Johnson, a justice 
of the peace of the town of Cameron, Steuben county." 

The Assembly sent for concurrence the bill entitled as follows : 

^^An act to amend chapter 329 of the Laws of 1874, entitled *An act 
to re-enact and amend an act entitled An act toprovide for the annexation 
of the towns of Morrisania, West Farms and Kingsbridge, in the coonky 
of Wes^5hester, to the city and county of New York,* passed May 23, 
1873," which was read the first time, and by unanimous consent was also 
read a second time, and referred to the committee on the affairs of cities. 

The As9embly returned the following entitled bill, with a message that 
they had concurred in the amendments of the Senate thereto : 

*'An act to amend chapter 83 of the Laws of 1869, entitled *An act 
to provide for the improvement of Grass river, and of the water power 
thereon, and check freshets therein,' passed March 31, 1869." 

Ordered^ That the Clerk return said bill to the Assembly. 



Digitized by 



Google 



March 7. 1 257 

By unanimous consent, Mr. Coleman asked and obtained leave to 
introduce a bill entitled '^An act in relation to the filing, and recording 
of deeds and conveyances of real estate and mortgages on real and per- 
sonal property," which was read the first time, and by unanimous con- 
sent was also read the second time, and referred to the committee on 
the judiciary. 

By unanimous consent, Mr. Selkreg asked and obtained leave to intro- 
duce a bill entitled ''An act to amend sections 50 and 51 of chapter 15, 
article 5, title 1, part 1, of the Revised Statutes, relating to officers of 
colleges and academies," which was read the first time, and by unatii- 
mous consent was also read the second time, and referred to the com- 
mittee on literature. 

By unanimous consent, Mr. Gerard asked and obtained leave to intro- 
duce a bill entitled ''An act to establish a court of claimn for thd State 
of New York," which was read the first time, and by unanimous ooBseut 
was also read the second time, and referred to the committee on the 
judiciary. 

By unanimous consent, Mr. Bixby asked and obtained leave to intro- 
dace a bill entitled "An act to extend the operation and effect of the 
act entitled 'An act to act to authorize the formation of corporations for 
manufacturing, mining, median ic.-il and chemical purposes,' passed 
February 17, 1848," which was read the first time, tfnd by unanimous 
consent was also read the second time, and referred to the committee on 
the judiciary. 

By unanimous consent, Mr. Bixby asked and obtained leave to intro- 
duce a bill entitled "An act in relation to the Kingsbridge road in the 
city of New York," which was read the first time, and by unanimous 
consent was also read the second time, and referred -to the committee 
on the affairs of cities. 

By unanimous consent, Mr. Starbnck asked and obtained leave to intro- 
duce a l)ill entitled "An act to amend chapter 714 of the Laws of 1869, 
entitled 'An act to incorporate the city of VVatertown,' passed May 8, 
1869; and also to amend chapter 810 of the Laws of 1871, entitled 'An 
act to amend an act entitled An act to incorporate the city of Water- 
town, passed May 8, 1 869, and to confirm the acts of the common coun- 
cil in reference to local assessments for local improvements,' passed May 
28, 1871," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the affairs of 
cities. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled "An act authorizing the railroad commissioners of 
the city of Auburn to issue bonds to the amount of 1 100,000, to refund 
or priy a like amount of bonds issued by said city in aid of the Southern 
Cuiitral Railroad," which was read the first time, and by unanimous con- 
sent was also read the second time, and referred to the committee on the 
affairs of cities. 

The bill entitled **An act to legalize the official acts of Charles M. 
Johnston, a justice of the peace of the town of Cameron, Steuben 
county," was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill» and it was decided in the aflirmative, a majority 
of all the members elected to the Senate voting in favor thereof, and three- 
filths of said members being present, as follows : 

ISenate Journal.] 33 r^ i 

■ Digitized by VjOOQ IC 



258 



(TUKSI>AY, 



FOR THB AFFIR&filTlVB. 

Bixby Harris Moore Schoonmaker 

Booth Jacobs Morrissey Selkreg 

Bradley Lamont Prince Starbuck 

Gerard Loomis Robertson Vedder 

Hamro'>nd McCarthy Rogers Woodin 



20 



Oroaredy That the Clerk deliver said bill to the Assembly, and 
request their concurrence therein. 

•The bill entitled ''An act to repeal chapter 930 of the Laws of 1869, 
entitled 'An act in relation to the opening, widening and extending of 
streets, avenues and public places in the city of New York,*' having 
been announced for a third reading, 

. Mr.' Gerard moved that said bill be recommitted to the committee 
of t>he whole, retaining its place in the order of third reading of 
bills. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The bill entitled "An act to authorize the commissioners of the town 
of Newark Valley, in the county of Tioga, appointed under and by 
virtue of chapter 433, of the Laws of 1860, to issue bonds, for the pur- 
pose of raising funds with which to pay the bonds of said town hereto- 
fore issued by virtue of said act of 1866,'' was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority of 
all the members elected to the Senate voting in favor thereof, and three- 
fifths being present, as follows: 



FOR THB APFIBMATIYB. 



Bixby 

Booth 

Bradley 

Carpenter 

Cole 

Coleman 



Gerard 


Moore 


Schoonm: 


Hammond 


Morrissey 


Selkreg 


Harris 


Robertson 


Starbuck 


Jacobs 


Rogers 
St. John 


Vedder 


Lamont 


Woodin 


Loomis 







22 



Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled "An act to authorize a sewer to be built along Beaver 
creek .in the city of Albany," having been announced fof a third reading. 

On motion of Mr. Harris, and by unanimous consent, said bill was 
amended by striking out the word '' among," in section 2, and inserting 
the word " upon." 

Said bill was then read a thi**d time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fiflhs being present, as follows : 



FOB THB AFFIBMATrVB. 



Baaden 

Bixby 

Booth 



Coleman 

Grerard 

Harris 



Loomis 

McCarthy 

Moore 



St. John 

Schoonmaker 

Selkreg 



Digitized by 



Google 



Mahch 7.] 



259 



Bradley 


Jacobs 


Morrissey 


Vedder 


Carpenter 


Lament 


Robertson 


Wood in 


Goie 









21 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled ''An act in relation to repairs of certain streets in the 
city ot Albany," was read a third tirtie. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
aod three-fiflhs being present, as follows: 



FOR THK AFFIRMATIVS. 



Baaden 

Bixby 

Booth 

Bradley 

Carpenter 

Cole 



Gerard 


McCarthy 


St. John 


Hammond 


Moore 


Schoonmaker 


Harris 


Morrissey 


Selkrec: 


Jacobs 


Prince 


Starbuck 


Lamont 


Robertson 


Wood in 


Loomis 







22 



Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. • 

The bill entitled "An act to amend chapter 821 of th^ Laws of 1873, 
entitled *An act to amend an act entitled An act to amend an act entitled 
An act for the benefit of married women in insuring the lives of their 
husbands, passed April 14, 1858,' passed April 18, 1870," was read a 
third time. 

The President put' the question whether the Senate would agree to 
the dnal passage of said bill, and it was decided in tlie affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
aa follows : 



FOR THE AFFIRM ATIYB. 



Baaden 

Bixby 

Booth 

Carpenter 

Cole • 

Coleman 



Moore 

Morrissey 

Prince 

Robertson 

Rogers 



St. John 
Schoonmaker 
Selkreg 
Starbuck 
Wood in 



22 



Gerard 

Hammond 

Harris 

Lamont 

Loomis 

McCarthy 

Ordered^ That the Clerk deliver said bill to the Assembly, and 
request their concurrence therein. 

Mr. Bixby offered the following : 

Whereas^ A vacancy exists in the office of judge of the marine court 
of the city of New York, by reason of the decease of Alexander Spauld- 
ing, late one of the judores of said court ; and 

Whereas^ It is provided by section 8 of chapter 389 of the Laws of 
1852, that vacancies occurring in the office of judge of said marine court 
shall be filled in the manner prescribed by law for filling vacancies in the 
office of the justices of the superior court of the city or New York ; and ' 

Wherem^ It is provided by section 12 of article 6 of the Constitution 
of the State of New York, that vacancies occurring in the office of 
justices of the superior court of the city of New York, shall be filled in 
the same manner as vacancies in the supreme court, and by section 9 of 
the same article of the Constitution, it is provided that when a vacancy 



Digitized by 



Google 



260 [TUKSDAT, 

shall occur, otherwise than by expiration of term in the office of justice 
of the tiupremc court, the same shall be filled at the next general eleotion 
happening not Iobs than three months after such vacancy occurs ; and 
until any vacancy shall be so tilled, the Governor, by and h ith the advice 
and consent of the Senate, if the Senate s.iall be in session, or if not in 
session, the Governor may appoint to fill such vacancy ; and 

Whereas^ One James P. Sinnott has, since the happening of such 
vacancy, been appointed judge of said marine court, by his excellency 
the Governor, but without the advice and consent of the Senate as 
required by law ; therefore. 

Resolved^ That the Governor be, and he is hereby respectfully 
requested to communicate to the Senate, what action he has taken in 
repect to such appointment, his reasons for such action, and by what 
authority of law, if any, he has acted in the premises. 

Mr. W oodin moved to amend so as to read as follows : 
Whereas^ A vacancy occurred in the office of judge of the marine . 
court of the city of New York, by reason of the decease of Alexander 
Spaulding, late one of the judges of said court; and. 

Whereas^ One James P. Sin not t has, since the happening of such 
vacancy, said to have been appointed judge of said marine court by 
the Governor; therefore 

Resolved^ That his Excellency the Governor be and he is hereby res- 
pectfully requeated to communicate to the Senate what action he has 
taken in respect to such appointment, his reasons for such action, and by 
what authority of law, if any, he has acted in the premises. 

Mr. Schoonmaker moved to amend the amendment by striking out the 
words " his reasons for such action," occurring in the resolution. 

The President put the question whether the Senate' would agree to said 
motion, and it was decided in the affirmative. 

The President then put the question whether the Senate would agree to 
the amendment of Mr. Woodin, and it wa** decided in the affirmative. 

The President then put the question whether the Senate would agree 
to the original resolution, as amended, and it was decided in the 
affirmative. 

Ordered^ That the Clerk deliver said resolution to the Governor. 

Mr. Bradley moved to take from the table the resolution in the words 
following : , 

WhereaSy The Canal Investigating Commission, in their last report, 
assert that th^ sum of (398,875.99 has been paid to the various contrac- 
tors for work that was never performed, as appears by the following 
extract from sjiid report : 

The following sums are shown by the reports of this Commission to 
the Executive to have been estimated to the contractors for work that 
was never performed, or was improperly paid for through erroneous 
classification, and for which the receivers should be required to make 
restitution : 

Denison, Belden & Co., Port Schuyler to lower Mohawk 

aqueduct $167,337 02 

■ Denison, Belden A Co., east of the city of Utica 16,121 36 

Willard Johnson, lower side-cat lock. West Troy 30,695 66 

Denison, Belden & Co., Bullard Bend contract 85,647 62 

E. W. VVilliams, building vertical walls at Rome 3,041 08 

Fl:igler & Reilley, Fort Plain contract '. 6,816 35 

S. D, Keller, Jordan level contract 36,668 39 

Digitized by VjOOQ IC 



Maboh 7.] 261 

N. 8. Gere, Jordan level contract $8,801 90 

Thomas Gale, Jordan level contract 6 ,667 94 

Horace Candee, Jordan level contract 1 7 ,567 83 

$868,093 68 
Add to this balance yet due for money paid under the first . 

John Hand award 30,782 36 



$398,875 99 



And whereas^ No information has reached the Senate that more than 
one firm of snch contractors has been prosecuted ; an^ 

WkereaSj It is the opinion of said Commission that said sum, large as 
it may appear, is but a fraction of the amount due to the State from 
similar sources as appears by the following extract from their report : 
^*' Large as the sums appear,^ we are fully impressed with the belief that 
they form but a fraction of the amount due to the State from similar 
sources;" therefore. 

Resolved^ That the Attorney-General be respectfully requested to com- 
manicate to the Senate, at as early a day as practicable, the reasons why 
ail the parties thus charged have not been prosecuted and the claims of 
the State pushed forward for collection, and whether any further, and, 
if any, what legislation is necessary to enable the Attorney-General to 
carry on such prosecution. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the negative, as follows : 



10 





FOR THE AJTIRMATIVB. 




Bixby 

Bradley 

Gerard 


Hammond Loomis 
Jacobs St. John 
Lament 

FOB THK NEGATIVE. 


Schoonmaker 
Starbuck 


Baaden 
Booth 
Carpenter 
Cole 


Coleman Moore 
Harris Prince 
McCarthy Robertson 


Selkreg 
Vedder 
Woodin 



13 

Mr. Bradley moved to reconsider the vote by which the motion to take 
said resolution from the table was lost. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the negative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bill entitled 
as follows : 

Assembly, "An act making appropriations for the support of gov- 
ernment." ^ 

After some time spent therein the President resumed the chair, and 
Mr. Prince, from said committee, reported progress on the said bill, and 
asked and obtained leave to sit again. 

Mr. Harris moved that the further consideration of said bill be made 
a special order for to-morrow morning, immediately afker reading the 
journal. 



Digitized by 



Google 



202 JWeuneboat, 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the aflirmative, two-thirds of all the 
members elected to the Senate votinij in favor thereof. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill enti:led ^' An act to provide for the payment of expenses 
incurred by Jbhe city of Auburn, in makinir improvements in front of 
property owned by the State," reported in favor of the passage of the 
same, with amendments, and said bill was committed to the committee 
of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled '*An act authorizing the railroad commissioners 
of the city of Auburn to issue bonds to the amount of tlOO,000, to 
refund or pay a like amount of bonds issued in aid of the Soutiiern Cen- 
tral Railroad," reported in favor of the passage of the same, and said 
bill was committed to the committee of the whole. 

By unanimous consent, Mr. Hammond asked and obtained leave to 
introduce a bill entitled ''An act to authorize the extension of the time 
for the collection of taxes in the town of Geneva," which was read the 
first time, and by unanimous consent was also read the second time. 

On motion of Mr. Hammond, and by unanimous consent, the rales 
were suspended, and said bill was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a major- 
ity of all the members elected to the Senate voting in favor thereof, and 
three-fifths being present, as follows: 

FOR THE A.PPIEMATIVB. 



Baaden 


Hammond 


Moore 


Schoon maker 


Bixby 


Jacobs 


Prince 


Selkreg 


Bradley 


Lament 


Robertson 


Starbuck 


Carpenter 


Loomis 


Rogers 


Vedder 


Coleman 


McCarthy 


St. John 


Woodin 


Gerard 









21 

On motion of Mr. Hammond, and by unanimous consent, the rales 
were suspended, and the Clerk was ordered to deliver said bill to the 
Assembly immediately, and request their concurrence therein. 

Mr. Carpenter moved that the bill entitled "An act to amend chapter 
479 of the Laws of 1874, entitled *An act to amend the charter of the 
city of Poughkeepsie, and to consolidate with it other acts relating to 
said city,' " be printed. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the afiirmative. 

On motion of Mr. Hammond, the Senate adjourned. 



WEDNESDAY, MARCH 8, 1876. 

The Senate met pursuant to adjournment. 

.Prayer by the Chaplain. 

The journal of yesterday was read and approved. 



Digitized by 



Google 



March 8.] 268 

The Senate resolved itself into a committee of the whole, and pro- 
ceeded to the consideration of the special order, being tlie bill enti- 
tled as follows : 

Assembly, "An act making appropriations for the support of govern- 
ment." 

After some time spent therein, the President resumed the chair, and 
Mr. Prince, from said committee, reported in favor of the passage ot 
the said named bill, with amendments, which report was agreed to, and 
the same ordered to a third reading. 

The President presented the following : 

STATE OF NEW YORK: 

Executive Chamber, ) 

Albany, March 7, 1876. J 
To the Senate : 

I have the honor to transmit herewith a copy of a preamble and reso- 
lution of the General Assembly of the SSlate of Pennsylvania, relating 
to an alleged unjast discrimination against the owners iwd naviffators of 
canal boats and barges, plying between places in the State of Fennsyl- 
vnniaand points upon the public waters of this State. 

SAMUEL J. TILDEN. 

Which was laid upon the table and ordered printed. 
{See Doc. No. 51.) 

Mr. Robertson presented a petition of residents and taxpayers of the 
city of Now York, for the passage of Assembly bill No. 37, entitled "An 
act to re-organize the local government of the city of New York;" 
vhith was read and n^ferred to the committee on the affairs of cities. 

Mr. Gerard presented a petition of the New York Institution ibr the 
Blind, for an appropriation of t54,00o ; which was committed to the coin- 
milleeofihe whole. 

Mr. Harris, from the committee on finance, to which was referred the 
Assembly bill entitled "An act authorizing the sale of the State armory 
at Schenectady," reported in favor of the passage of the same, and said 
hill wa$ committed to the committee of the whole. 

Mr. Prince, from the committee on literature, to which was referred 
the concurrent resolution proposing an amendment to article 9 of the 
Constitution, relative to the common schools, reported in favor of the 
passage of the same, with amen<linent8, and said resolution was com- 
Diittpd to the committee of the whole. 

Mr. Prince, from the committee on literature, to which was referred 
Ihe Assembly bill entitled "An act providing for the union of the Griffith 
Institute with Union Free School, District No. 1, of the town of Concord, 
Y'6 county, and providing for the disposition of the fund bequeathed to 
^'le Griffith Institute," reported in favor of the passage of the same, and 
said bill was committed to the committee of the whole. 

^^r Rogers, from the committee on commerce and navigation, to which 
^as referred the bill entitled "An act to amend an act entitled 'An act 
^oestabliah regulationsfortheport of New York,' passed April i6, 1867," 
^Pporti'd in favor of the passage of the same, with the title amended so 
J« to read *'An act to amend chapter 671 of the Laws of 1857, entitled 
Ad act to establish regulations for the port of New York,'" and said 
bul was committed to the committee of the whole. 

Mr. Rogers, from the committee on commerce and navigation, to 
^"ich was referred the Assembly bill entitled "An act to amend an ac* 

Digitized by VjOOQ IC 



264 [WSUMBBDAY, 

entitled 'An act to incorporate the Maritime Association of the port of 
New York,' passed April il, 1874," reported in favor of the passage of 
the same, with amendments, and the title amended so as to read '^An 
act to amend chapter 166 of the Laws of 1874, entitled 'An act to incor- 
porate the Maritime Association of the port of New York,'" and said 
bill was committed to the committee of tlie whole. 

Mr. Robertson, from the committee on the jndiciary, to which was 
referred the bill entitled "An act relative to personal property of fire 
companies," reported in favor of the passage of the same, with amend- 
ments, and said bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitljed "An act to release the right, title and 
interest of the people of the State of New York of, in and to certain real 
estate ot which John Boston died seized, to Charity Peterson, formerly 
Charily Boston, his widow," reported in favor of the passage of the same, 
and said bill was committed to the committee of the whole. 

Mr. Carpenter, from the committee on the affairs of villages, to which 
was referred the bill entitled "An act to amend an act entitled 'An act 
to incorporate the village of Green Island, and for other purposes,' passed 
May 12, 1869," reported in favor of the passage of the same, with 
amendments, and the title amended so as to n ad ''An act changing the 
time for holding tax meetings in the village of Green Island," and said 
bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An net to prevent fraud by commissioners 
appointed by any court, or by the Legislature of this State, and to pro- 
vide for the accouutiog of commissioners ami to punish commissioners, 
engineer?* and surveyors for fraud," reported in favor of the passage of 
the same, with amendments, and the title amended so as to read, "An act 
relating to certain commissioners appointed to perform duties relative to 
roads, highways, avenues, streets or boulevards," and said bill was com- 
mitted to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled "An act to amend chapter 714 of the Laws of 
1869, entitled 'An act to incorporate the city of Watertown,' passed May 
8, 1869, and also to amend chapter 810 of the Laws of 1871, entitled 
'An act to amend an act entitled An act to incorporate the city of Water- 
town, passed May 8, 1869, and to confirm the acts of the common coun- 
cil in reference to local assessments for local improvements,' passed May 
28, 187 1," reported. in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the Assembly bill entitled "An act to cure irregularities on the 
part of the common council of the city of Buffalo, in entering into a 
contract with Joseph Dennis for planking South Michigan street, from 
the center of Ganson street to a point 459 feet southerly therefrom, and 
enabling said city to levy and collect an asse^^sment to defray the expense 
of the same;" reported adversely thereto, which report was agreed to, 
and said bill rejected. 

Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have non-concurred in the passage of the 
same. 

By unanimous consent, Mr. Emerson asked and obtained leave to intro- 
duce a bill entitled "An act to amend chapter 143 of the Laws of 1861, 

Digitized by VjOOQ IC 



March 8.] 265 

entitled 'An act to amend and consolidate the several acts in relation to 
the charter of the city of Rochester,' passed April 8, 1861, and the 
varioas acts amendatory thereof or relating to the city of Rochester/' 
which was read the first time, and by unanimous consent was also read 
the second tijne, and referred to the committee on the affliirs of cities. 

By unanimous consent, Mr. Selkreg nsked and obtained leave to intro- 
dacv a bill entitled ''An act to prevent fraud in the manufacture and sale 
of commercial fertilizers," which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee 
on manufactures. 

By unanimous consent, Mr. Harris asked and obtained leave to iutro- 
dace a bill entitled "An act to release to Eveline Gnfiith certain real 
estate in the town of Florida, in the county of Montgomery, of which 
William Griffith, her late husband, died sttiEed," which was read the first 
time, and by unanimous ' consent was also read the second time, and 
referred to the committee on the judiciary. 

By unanimous consent, Mr. Yedder asked and obtained leave to intro- 
dace a bill entitled "An act to release certain lands which have escheated 
to the State to Charity Rix, widow of John Rix, late of the town of 
Farmersville, in Cattaraugus county," which was read the first time, 
and by unanimous consent was also read the second time, and referred 
to the oomroiltee on the judiciary. 

By unanimous consent, Mr. Wagner asked and obtained leave to intro- 
dace a bill entitled "An act to facilitate the dissolution of manufacturing 
companies, and to secure the payment of their debts without preference," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

Mr. Robertson moved that the consideration of the special order, being 
the adverse report of the committee on the judiciary, upon the bill 
entitled ''An act to relieve married women from disabilities in transact- 
ing business," be postponed until to-morrow. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Kennaday moved to reconsider the vote by which said motion 
wag adopted. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

Mr. Kennaday moved that the consideration of said adverse report be 
made the special ordei* for Tuesday next, during order of business of 
reports of standing committees. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 

The Assembly returned the following entitled bill, with a message 
that they had concurred in the passage of the same. 

^*An act to authorize the extension of the time for the collection of 
taxes in the town of Geneva." 

Ordered^ That the Clerk deliver said bill to the Governor.* 

By unanimous consent, Mr. Wellman asked and obtained leave to intro- 
duce a bill entitled **An act to extend the time for the collection of taxes 
in the town of Soio, in the county of Allegany," which was read the 
first time, and by unanimous consent was also read the second time. 

On motion of Mr. Wellman, and by unanimous consent, the rules were 
suspended, and said bill was read a third time. 

fSEWATE Journal.] 34 Digitized by GoOglc 



266 



[Thur8i>at, 



The President put the question whether the Senate would to agree 
the tinal passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-tifths being present, as follows : 



Baaden 


Emerson 


Loo mis 


Bixby 


Hammond 


McCarthy 


Bradley 


Harris 


Moore 


Carpenter 


Jacobs 


Morrissey 


Cole 


Kennaday 


Robertson 


Coleman 


Lament 


Say re 


Doolittle 







FOR THE AFFIRMATIVE. 

Schoonmaker 

Selkreg 

Starbuck 

Wagner 

Wellman 

Woodin 

25 

Ordered^ That the Clerk deliver said bill to the Assembly, and 
request iheir concurrence therein. 

By unanimous consent, Mr. Kennaday asked and obtained leave to 
introduce a bill entitled '^An act to close part of Bedford place, in the 
city of Brooklyn," which was read the first time, and by nnanimoaa 
consent was also read the second time, and referred to the committee 
on the affairs of cities. 

Also, a bill entitled '^An act to amend chapter 837 of the Laws of 1869, 
entitled *An act to extend Bedford avenue and Herkimer street, to 
widen Perry avenue and to change the name thereof,. and to close parts 
of adjoining streets and roads in the city of Brooklyn,' " which was read 
the first time, and by unanimous consent was also read a second time, 
and referred to the committee on the affairs of cities. 

On motion of Mr. Schoonmaker, and by unanimous consent, the Senate 
then went into executive- session ; and, after some time spent therein, the 
doors were opened, and 

On motion of Mr. Rogers the Senate adjourned. 



THURSDAY, MARCH 9, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

ThQ journal of yesterday was read and approved. 

Mr. Selkreg presented a petition of 622 farmers, representing 26 
Granges, for a law to prevent adulteration of fertilizers ; which was read 
and referred to the committee on manufactures. 

Mr. Loomis presented a petition of electors o( the towns of Bainbridge 
and Afton, in the countv of Chenango, to be annexed to the county of 
Broome ; which was read and referred to the committee on erection and 
divisiion of towns and counties. 

Mr. Kennaday presented the affidavit of Marian Anderson relative to 
certain property in the city of Brooklyn escheated to the State; which 
was read and referred to the committee on the judiciary. 

Mr. Robertson presented the petition of Lewis G. Morris and others, 
for the passage of Assembly bill. No. 37, entitled "An act to reorganize 
the local government of the tity of New York so as to reduce the Depart- 



Digitized by 



Google 



Mabgh 9.1 267 

meotof Pablic Parks from four commissioners to one commissioner;^' 
which was read aod referred to the committee on the affairs of cities. 

Mr. St John presented three petitions of citizens of Datchess and 
Orange connties, prayinsr that the Legislature grant the Fishkill and 
Newbargh Railroad Bridge Company the right to construct a bridge 
across the Hudson river; which wer^j read and referred to the commit* 
tee on railroads. 

Mr. Kobertson, from the committee on the judiciary, to which was 
referred the bill entitled ^'An act to enlarge the powers of the Canal 
Board," reported in favor of the passage of the same, with amendments, 
and said bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled ^^An act to amend chapter 379 of the Laws of 
1846, entitled *An act to amend an act to simplify and abridge the prac* 
tice, pleadings and proceedings of- the courts of this State,' and acts 
amendatory thereof," reported adversely thereto, which report was 
agreed to, and said bill rejected. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows : 

''An act to amend chapter 430 of the Laws of 1874, entitled 'An act 
to facilitate the reorganization of railroads sold under mortgage, and 
providing for the formation of new companies in such cases." 

'*An act to extend the time for the collection of taxes in the town of 
Scio, in the county of Allegany." 

Mr. Woodin, from the committee on tho affairs of cities, to which was 
referred the bill entitled ''An act to amend chapter 143 of the Laws 
of 1861, entitled 'An act to amend and consolidate the several acts in 
relation to the charter of the city of Rochester,' passed April 8, 1861, 
and the various acts amendatory thereof or relating to the city of 
Rochester," reported in favor of the passage of the same, and said bill 
was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the Assembly bill entitled "An act to authorize the common 
council of the city of Lockport to raise by tax and disburse money in 
rebuilding Washington Hose carriaKe-house in said city," reported in 
favor of the passage of the same, and said bill was committed to the 
committee of the whole. 

By unanimous consent, Mr. Selkreg moved that at twelve o'clock to- 
day the Senate proceed to nominate two candidates for Regents of the 
University, to fill tho vacancies caused by the decease of Horatio G. 
Warner and William H. Goodwin. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

The Assembly sent for concnrrence a resolution in the words following: 

W/ierea$j In the year 1833 the States of New York and New Jersey 
appointed a joint commission to define the boundary line betweeen said 
States and their jurisdiction, respectively, over the waters of New York 
harbor; and, 

WhereaSy Encroachments' are being constantly made upon said harbor 
on both sides of tho Hudson river by citizens of both States ; therefore. 

Resolved (if the Senate concur). That the acting commissioners 
appointed by the Governor to discharge the duty imposed by section 7 
of chapter 613 of the Laws of 1865, be authorized to meet the like num- 
ber ot commissioners to be appointed by the Governor of New Jersey, 

Digitized by VjOOQIC 



2W [Thxtbsdat, 

and with them, as soon afi may be, to ascertain where the exterior lines 
of said harbor lying between said States are located, and whether any 
and what encroachments have been made upon sach harbor; such com- 
missioners to be authorized to employ such persons as may be necessary to 
assist them in the performance of the aforesaid service, and to be roqaired 
to report their proceedings to the Legislature of this State at its next 
annual meeting; and in case of death or resignation of said commis- 
sioners on the part of this State, or either of them, the Governor of 
this State is hereby empowered to fill the vacancy or vacancies so 
occurring. 

Jiesoloed (if the Senate concur), That the Governor of this State be 
requested to transmit a du4y certified copy of the foregoing resolution 
to the Governor of the State of New Jersey, to be laid before the Legis- 
lature of that State. 

Ordered^ That said resolution be laid upon the table. 

The Assembly sent for concurrence the bills entitled aa follows : 

*'An act to amend chapter 143 of the Laws of 1861, entitled ^An act 
to amend and consoli late the several acts in relatpn to the charter of 
the city ot Rochester/ passed April 8, 1861, and the various acts amend- 
atory thereof or relating tq the city of Rochester," which was read the 
first time, and by unanimous consent was also read the second time, and 
referreil to the committee on the affairs of cities. 

'^An act to amend chapter 158 of the Laws of 1875, entitled 'An act 
to amend chapter 836, of the Laws of 1872, entitled an act to regulate 
places of public amusement, in the city of New York,' " which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on the affairs of cities. 

'^An act to establish a local court of civil jurisliction in the city of 
Rochester and to amend the charter of said city," which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the committee on the judiciary. 

^'An act to amend chapter 291 of the Laws of 1870, entitled ^An act 
for the incorporation of villages,' so far as said act relates to the village 
of Charlotte," which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on the 
affairs of villages. 

*'An act for the purpose of increasing the pension fund of the police 
department of the city of Brooklyn," which was read the first time, and 
by unanimous consent was also read the second time, and referred to the 
committee on the affairs of cities. 

''An act to amend an act entitled 'An act to' amend an act entitled An 
act to authorize the formation of corporations for manufacturing, min- 
ing, mechanical or chemical purposes, passed February 17, 1848,'" which 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the committee on the judiciary. 

"An act to authorize the Commissioners of the Land Office to convey 
certain lands belonging to the State of New York, in the village of 
Cortland, to the Cortland Soldiers' Monumental Association fur the pur- 
poses of the erection, maintenance and protection of a soldiers' monu- 
ment," which was read the first time, and by unanimous consent was also 
read the second time, and referred to the committee on finance. 

"An act to release the interest of the people of the State of New 
York in certain lands in the town of Malone, in the county of Franklin, 
to Charlotte Hutchins," which was read the first time, and by unanimous 



Digitized by 



Google 



March 9.] 269 

consent was aUo read the second time, and referred to the committee on 
ihejadiciary. 

*'An act to amend chapter 381 of the Laws of 1875, entitled 'An act 
supplemental to an act, entitled An act to provide for the incorporation 
of religions societies, passed April 5, 1813,' and of the (Several acts 
amendatory thereof," which was read the first time, and by nnanimous 
consent was also read the second time, and referred to the committee 
on miscellaneoas corporations. 

''An act to amend chapter 832 of the Laws of 1873, entitled 'An act 
to incorporate the Central Trust Company of New York,' passed June 
25, 1873," which was read the first time, and hy unanimous consent was 
al8o read the second time, and referred to the committee on banks. 

"An act to extend the time within which the Brooklyn Guaranty and 
Indemnity Company, a corporatioa created under chapter 481 of the 
Laws of 1874, may commence the transaction of its business,*' which 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the committee on banks. 

"An act to amend chapter 482 of the Laws of 1875, entitled 'An act 
to confer on boards of supervisors further powers of local legislation and 
administration, and to, regulate the compensation of supervisors,' " which 
was read the first time and by unanimous consent was also read the 
second time, and referred to the committee on the judiciary. 

"An act to allow the reorganization of plank-roads and turnpike 
roads," which was read the first time, and by nnanimous consent was 
aliso read the second time, and referred to the committee on roads and 
bridges. 

"An act to amend an act entitled 'An act to incorporate the Prison 
Association of New York,' passed May 9, 1846," which was read the 
first time, and by unanimous consent was also read the second time, and 
referred to the committee on State prisons. 

"An act to authorize the sale of subdivision number twenty-three in 
block number fitly-one m the third ward of the city of Oswego, known 
as engine-house and lot number two," which was read th'e first time, and 
by unanimous consent was also read the second time, and referred to 
the committee on the affairs of cities. 

"An act to amend chapter 329 of the Laws of 1874, entitled 'An act 
to re-enact and amend an act entitlod An act to provide for the annexa- 
tion of the towns of Morrisania, West Farms and Kingsbridge, in the 
county of Westchester, to the city and county of New York, passed 
May 23, 1873,' " which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on the affairs 
ol cities. 

"An act to amend nn act entitled 'An act to amend the incorporation 
of the village of Lancaster, in the county of Erie,^" which was read the 
first time, and by unanimous consent was also read the second time, and 
referred to the committtee on the affairs of villages. 

"An act granting to the United States the right to acquire the right 
of way necessary for the improvement of the Harlem river and Spuyten 
Duyvil creek from the North river to the East river through the Harlem 
kills, and ceding jurisdiction over the same," which was read the first 
time, and by unsmimous consent was also read the second time, and 
referred to the committee ort commerce and navigation. 

The Assembly returned the following entitled bills, with a message that 
ihoy had concurred in the passage of the same: 

. Digitized by VjOOQ IC 



270 - [Thubsdat 

^'An act to amend chapter 326 of the Laws of 1875, entitled *An act 
to farther amend chapter 541 of the Laws of 1865, entitled An act to 
incorporate the city of Newbargh ;' also to amend chapter 551 of the 
Laws of 1872, entitled *An act to amend an act entitled An act to incor- 
porate the city of Newburgh.' " 

'^An act relating to fines imposed in criminal cases.*' 

*'An SLCt to amend chapter 555 of the Laws of 1864, entitled *An act 
to revise and consolidate the general acts relating to public instruction.' " 

^'An act to release the interest of the people of the State ot New 
York in certain real estate in the city of Brooklyn, county of Kin^s, 
and in the town of Newtown, county of Queens, to James Butler aad 
Martha Butler." 

''An act to release the interest of the people of the State of New York 
in and to certain lands situate in the county of Schayler, of which William 
Aston died seized, and granting and confirming the tiile to said lands in 
Joseph Mackey, Matthew Mackey, and John Mackey." 

"An act to amend section 5 of chapter 625 of the Laws of 1874, 
entailed *An act to provide ior the incorporation of the New York State 
Grange of the Patrons of Husbandry, and councils and granges subor- 
dinate thereto.' " 

Ordered^ That the Clerk deliver said bills to the Qovcrnor. 

By unanimous consent, Mr. Bradley asked and obtained leave to intro- 
duce a bill entitled *'An act to amend section 6 of title 5 of chapter 9 of 
part 1 of the Revised Statutes," which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on the judiciary. 

By unanimous consent, Mr. Cole asked and obtained leave to intro- 
duce a bill entitled ^*An act to amend chapter 321 of the Laws of 1875, 
entitled ^An act to amend an act entitled An act for the preservation oi 
fish in the waters of the Oik Orchard creek, in the counties of Genesee 
and Orleans, and all streams, lakes, ponds or other waters in the county 
of Orleans,' " which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on inter- 
nal affairs. 

By unanimous consent, Mr. Lament asked and obtained leave to 
introduce a bill entitled ''An act to amend an act entitled 'An act to 
authorize the Bingham ton, Dushore and Williamsport Railroad Com- 
pany to lay a railroad track on the tow-path of that part of the Chen- 
ango canal extension which lies south of the Susquehanna river,' passed 
June 26, 1873," which was read the first time, and by unanimous con- 
sent was also read the second time, and referred to the committee on 
canals. 

By unanimous consent, Mr. Baaden asked and obtained leave to intro- 
duce a bill entitled "An act to amend an act entitled 'An act to reorgan- 
ize the local government of the city of New York,' passed April 30, 
1873," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the afiTairs 
of cities. 

By unanimous consent, Mr. Baaden asked and obtained leave to intro- 
duce a bill entitled "An act in relation to the court of special sessions 
of the peace in the city of New York," which was read the first time, 
and by unanimous consent was also read the second time, and referred 
to the committee on the affairs of cities. 



Digitized by 



Google 



MlBCH 9.] 271 

By unanimous consent, Mr. Baaden asked and obtained leave to intro- 
duce a bill entitled ^^An act to amend an act entitled 'An act to simplify 
and ^bridge the practice, pleadings and proceedings of the courts of this 
State,"' which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the judiciary. 
By unanimous consent, Mr. Kennaday asked and obtained leave to Intro- 
dace a bill entitled ''An act to release the interest of the people of the 
State of New York in certain real estate in the city of Brooklyn, county 
of Kings, to Marian Anderson," which was read thn first time, and by 
unanimous consent was also read the second time and referred to the 
committee on the judiciary. 

By unanimous consent, Mr. St. John asked and obtained leave to intro- 
duce a bill entitled ''An act to amend title 2, chapter 1, part 2 of the 
Revised Statutes entitled ' Of Powers,' " which was read tne first time, 
aud by unanimous consent was also read the second time, and referred 
to the committee on the judiciary. 

By unanimous consent, Mr. Kobertson asked and obtained leave to 
introduce a bill entitled "An act to extend the time for making assess- 
ments for taxes in the city and county of New York," which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on the affairs of cities. 

By unanimous consent, Mr. Robertson asked and obtained leave to 
introduce a bill entitled "An act to amend chapter 586 of the Laws of 
1873, entitled 'An act to amend the 23d section of article 1, title 4^ 
chapter 2, part 4 of the Revised Statutes, entitled Of the return and 
summoning of grand juries, their powers and duties,'" which was read 
the first time, and by unanimous consent was also read the second time, 
and referred to the committee on the judiciary. 

By unanimous consent, Mr. Loomis asked and obtained leave to intro- 
duce a bill entitled "An act to annex the towns of Afton and Bainbridge, 
in the county of Chenango, to the county of Broome, and to exempt said 
towns from certain taxes in the county of Broome," which was read the 
iirst time, and by unanimous consent was also read the second time, and 
referred to the committee ott erection and division of towns and counties. 
By unanimous consent, Mr. Jacobs asked and obtained leave to intro- 
duce a bill entitled "An act to amend an act, passed May 11, 1869, enti-* 
tied 'An act to lay out and improve a public highway or avenue, from 
Prospect park, in the city of Brooklyn, toward Coney Island, in the 
county of Kings,'" which was read the first time, and by unanimous con- 
sent was also read the second time, and referred to the commiitee on 
finance. 

The Ansembly bill entitled "An act making appropriations for the 
support of government," having been announced for a third reading, 

Mr. Prince moved that said bill be recommitted to the committee on 
finance witb instructions to amend the same, as follows : 

In the item providing for an appropriation for the court of arbitration 
q( the Chamber of Commerce, strike out the words " but no payment 
shall be made for such salaries, under this or any former appropriation, 
Qotil an amount equal to such payment shall be received into the State 
treasury from the fees collected by the clerk of said court, as provided . 
in said act." 

After debate, 
The President put the question whether the Senate would agree to 
tudd motion, and it was decided in the negative, as follows : 

Digitized by VjOOQ IC 



272 


[TflVBiOAY 


FOR THB AFFIRMATIVE. 




Prince Selkreg 
Robertson Tobey 


Wagner 
Woodin 




FOR THB NEGATIYE. 


V 


Gerard McCarthy 
Hammond Moore 
Harris Morrissey 
Jacobs St. John 
Kennaday Sayre 


Schoon maker 
Starbuck 
Vedder 
Wellman 

19 



Baaden 

Booth 

Doolitlle 

Bixby 

Bradley 

Cole 

Coleman 

Emerson 

Said bill was then read a third time. 

The President put the question whether the Senate woald agree to thd 
final passage of said bill, and it wa9 decided in the affirmative, two-thirds 
oif all the members elected to the Senate voting in favor thereof, as 
follows : 





FOR THE 


Baaden 


Emerson 


Bixby 


Gerard 


Booth 


Hammond 


Bradley 


Harris 


Cole 


Jacobs 


Coleman 


Kennaday 


Doolittle 


McCarthy 



AFFIRMATIYB. 

Moore 

Morrissey 

Prince 

Robertson 

St. John 

Sayre 

Schoonmaker 



Selkreg 

Starbuck 

Tobey 

Vedder 

Wagner 

Wellman 

Woodin 



28 



Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the same, 
with amendments. 

The hour of twelve o^clock having arrived, the President annoanced 
that, pursuant to law, and agreeably to a joint resolution of the Senate 
and Assembly, the Senate would proceed to nominate two candidates 
for the office of Regent of the University, to fill the vacancies occasioned 
by the decease of Uo ratio G. Warner and of William H. Goodwin. 

The Senate thereupon proceeded to the nomination of a candidate in 
place of William H. Goodwin, deceased, when each Senator rose in his 
place and nominated as follows : 



FOR AUGUSTUS C. GEORGE. 



Baaden 

Booth 

Carpenter 

Cole 

Coleman 



Bixby 

Bradley 

Gerard 



Doolittle 

Emerson 

Harris 

McCarthy 

Moore 



Prince 

Robertson 

Sayre 

Selkreg 

Tobey 



FOR ERASTUS CORNING. 

Hammond Lamont 

Jacobs Morrissey 

Kennaday St. John 



Vedder 
Wagner 
Wellman 
Woodin 



Schoonmaker 
Starbuck 



19 



11 



The Senate again proceeded to the nomination of a candidate in place 
of Horatio G. Warner, deceased, when each Senator rose in his* place 
and nominated as follows : 



Baaden 
Booth 



FOR WILLIAM L. BOSTWICK. 

Doolittle Prince Vedder 

Emerson Robertson Wagner 

Digitized by VjOOQ IC 



Mabch 9.] 



273 



Carpenter 

Cole 

G)leman 



Bixby 

Bradley 

Gerard 



Harris 

McCarthy 

Mooru 



Say re 

Selkreg 

Tobey 



FOR DANIEL BEACH. 

Hammond Lamont 

Jacobs Morrissey 

Kennaday St. John 



Wellman 
Wood in 



Schoon maker 
Starbuck 



19 



11 



A quorum having voted, and a majority having named William L. 
Bofltwick and Augustus C. George aa their choice, the President an- 
nounced that Augustus C. George, of Syracuse, county of Onondaga, 
had been duly nominated, on the part of the Senate, a candidate for the 
office of Regent of the University, to till the vacancy occasioned by the 
death of William H. Goodwin, and that William L. Bostwick, of Ithaca, 
county of Tompkins, had been nominated to fill the vacancy occasioned 
by the death of Horatio G. Warner. 

Mr. Selkreg offered the following : 

Resolvedy That a committee of two be appointed to wait upon the 
Assembly, and inform that body tbat the Senate have made nominations 
for the office of Regents of the University, and are prepared to meet the 
Assembly in joint convention to compare nominations. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Mr. President announced as such committee Messrs. Selkreg and 
Jacobs. 

The Assembly returned the bill entitled '^An act releasing all the right, 
title and interest of the people of the State of New York of, in and to 
certain lands in the city of Brooklyn, in the county of Kings, formerly 
covered by the waters of New York bay," with a message that they 
had passed the same with the following amendment : 

Add at the end of section 1, the following : 

'* Provided that nothing in this act contained shall interfere with said 
streets, mentioned in said act, from running to the bulkhead line." 

The President put the question whether the Senate would agree to 
concur in said amendment, and it was decided in the affirmative, two- 
thirds of all the members elected to the Senate voting in favor thereof, 
as follows : 



FOR THE AFFIRMATIVE. 



Baaden 

Bixby 

Booth 

Bradley 

Cole 

Coleman 

Boolittle 



Emerson 


McCarthy 


Schoonmaker 


Gerard 


Moore 


Selkreg 


Hammond 


Prince 


Starbuck 


Harris 


Robertson 


Tobey 


Jacobs 


St. John 


Vedder 


Kennaday 


Sayre 


Wagner 



26 



Ordered^ That the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in their amendment. 

Mr. Selkreg, from the committee appointed to wait upon Assembly 
relative to the nomination of Regents of the University, reported that 
the committee had performed that duty. 

Messrs. Strahan and Shannon, a committee from the As^^omhly Jippoarcl 

in the Senate and announced that the Assembly had completed their 

[Sbkats Journal.] 35 



Digitized by 



Google 



274 [Thuksdat, Mabch 9.] 

nominations for Regents of the University, and were ready to meet the 
Senate in joint convention, and compare nominations. 

The President accordingly left the chair, and, with the Senate, pro- 
ceeded to the Assembly chamber, and on comparing nominations for the 
office of Regents of the University, tjiey were found to agree on the 
names of Augustus O. George and William L. Bostwick. 

Thereupon the President announced that Augustus C. George, of 
Syracuse, in the county of Onondaga^ was duly elected a Regent of the 
tfniversity to fill the vacancy occasioned by the death of Wm. H. Good- 
win, and that Wm. L. Bostwick, of Ithaca, in the county of Tompkins, 
was duly elected Regent of the University to fill the vacancy occasioned 
by the death of Horatio G. Warner. 

The Senate having returned to the Senate Chamber, the Presideut 
announced the foregoing proceedings as having taken place. 

On motion of Mr. Tobey, and by unanimous consent, the Senate 
resolved itself into a committee of the whole^ and proceeded to the con- 
sideration of the bill entitled '*An act to provide for the sale and exchange 
of the stock or bonds of any railroad corporation for the bonds of any 
municipal corporation ; and also authorizing the issuing of the bonds of 
such municipal corporation, less in amount than had been before agreed 
or authorized." 

After some time spent therein, the President resumed the chair, and 
Mr. Cole, from said committee, reported in favor of the passage of the 
said named bill, with amendments, and the title amended by inserting 
after the word corporation, second occurring, the words "within the 
counties of Essex, Clinton and Washington," which report was agreed 
to, and the same ordered engrossed for a third reading. 

By unanimous consent, Mr. Selkreg asked and obtained leave to intro- 
duce a bill entitled "An act to amend chapter 125 of the Laws of 1874, 
entitled 'An act to provide for the establishment of a system of graded 
schools in the village of Ithaca,' " which was read the first time, and by 
unanimous consent was also read the second time, and referred to the 
committee on literature. 

By unanimous consent, Mr. Doolittle asked and obtained leave to 
introduce a bill entitled "An act to amend chapter 398 of the Laws of 
1860, entitled 'An act to facilitate the construction of the New York and 
Oswego Midland Railroad, and to authorize towns to subscribe to the 
capital stock thereof,' " which was read the first time, and by unanimous 
consent was also read the second time. 

Mr. Doolittle moved that said bill be printed and substituted for 
Assembly bill No. 117, entitled ''An act to amend chapter 204 of the 
Laws of 1876, entitled 'An act to amend chapter 758 of the Laws of 
1865, entitled An act to authorize the towns of Otsego, Hart wick and 
Middlefield, in the county of Otsego, to issue bonds and subscribe and 
take for said towns capital stock in the Cooperstown and Susquehanna 
Valley Railroad Company,' " now on general orders No. 123. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

Said bill was then committed to the committee of the whole. 

On motion of Mr. Jacobs, the Senate adjourned. 



Digitized by 



Google 



[FsiDAT, March lO.J 275 



FRIDAY, MARCH 10, 18»6. 

The Senate met purRuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Starbuck presented a petition of the president and other village 
officers of the village of Carthage, for the passage of an act amending 
the cbarter of said village ; which was *read and referred to the com- 
mittee on the affairs of villages. 

Mr. Robertson presented a petition of Webster Woodman and others, 
tax-payers of the city of New York, for passage of the act reducing 
the department of public • parks to one commissioner; which was read 
and referred to the committee on the affairs of cities. 

The President presented a communication from the Secretary of State 
and Comptroller, in response to a resolution of the Senate, relative to 
public printing ; which was laid upon the table and ordered printed. 
{See Doc. No. 62.) 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the Assembly bill entitled '*An act to authorize the sale of sub- 
division No. 23, in block No. 61, in the 3d ward of tbe city of Oswego, 
known as engine house and lot No. 2," reported in favor of the passage 
of the same, and said bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affaira of cities, to which wks 
referred tbe Assembly bill entitled ''An act to amend chapter 168 of the 
Laws of 1875, entitled *An act to amend chapter 836 of the Laws of 
1872, entitled An act to regulate places of public amusement in the city 
of New York,' " reported in favor of the passage of the same, and said 
bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the Assembly bill entitled *'An act to provide for a further sup- 
ply of pure and wholesome water for the 23d and 24th wards of the city 
of New York," reported in favor of the passage of the same, and said 
bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which wai 
referred the Assembly bill entitled "An act to provide for the construc- 
tion and maintenance of four additional public baths in the city of New 
York," reported in favor of the passage of the same, with amendments, 
and said bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bill entitled as follows : 

"An act to provide for the sale and exchange of the stock or bonds 
of any railroad corporation for the bonds of any municipal corporation, 
within the counties of Essex, Clinton and Washington, and also author- 
izing the issuing of the bonds of such municipal corporation, less in 
amount than had been before agreed or authorized." 

Mr. Woodin mov^d that said bill be recommitted to the committee on 
the judiciary, retaining its place in the order of third reading. 



Digitized by 



Google . 



276 fFiiiDi.Y, 

The President put the question whether the Senate would agree to 

8 lid motion, and it was decided in the affirmative. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to amend section 6 of title 6 of chapter 

9 of part 1 of the Revised Statutes," reported in favor of the passage 
of the same, and said bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred* the bill entitled "An act to release the interest of the people of 
the State of New York in certain real estate in the city of Brooklyn, 
county of Kings, to Marian Anderson," reported in favor of the passai;e 
of the same, and said bill was committed to the committee of the whole. 

Mr. Carpenter, from the committee on the aifairs of villages, to which 
was referred the bill entitled "An act to amend an act entitled 'An act 
to incorporate the Firemen's Benevolent Association of the village of 
Le Roy,' " reported in favor of the passa'je of the same, with the title 
amended so as to read "An act supplementary to chapter 148 of Laws 
of 1 853, entitled 'An act to incorporate the Firemen's Benevolent Asso- 
ciation of the village of Le Roy,' " and said bill was committed to the 
committee of the whole. 

By unanimous consent, Mr. Bradley asked and obtained leave to intro- 
duce a bill entitled "An act to amend an act entitled 'An act to facilitate 
the reorganization of railroads sold under mortgage, and providing for 
the formation of new companies in such cases,' passed May 11, 1874," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. Bradley asked and obtained leave to intro- 
duce a bill entitled "An act to amend an act entitled 'An act in relation 
to certain negotiable corporate bonds and obligations,' passed May 2!2, 
1873," which was read the first time, and by unanimous consent was also 
read the second time, and referred to the committee on the judiciary. 

By unanimous consent, Mr. McCarthy asked and obtained leave to 
introduce a bill entitled "An act to authorize the overseer and assistant 
overseer of the poor in the city of Syracuse to administer oaths and take 
affidavits in certain cases," which was read the first time, and by unani- 
mous consent was also read the second time, and referred to the com- 
mittee on the judiciary. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled "An act to amend section 9 of chapter 463 of the 
Laws of 1863, entitled 'An act to provide for the incorporation of life 
and health insurance companies, and in relation to agencies of com- 
panies,' as amended by chapter 170 of the Laws of 1876," which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on insurance. 

By unanimous consent, Mr. Harris asked and obtained leave to intro- 
duce a bill entitled "An act relating to the foreclosure of mortgages by 
advertisement," which was read the firat time, and by unanimous con- 
sent was also read the second time and referred to the committee on the 
judiciary. 

By unanimous consent, Mr. Kennaday asked and obtained leave to 
introduce a bill entitled "An act to amend chapter 196, Laws of 1848, 
entitled 'An act to provide for taking the acknowledgment of deeds 
and other written instruments by persons residing .out of the State of 
New York,' passed April 7, 1848," which was read the first time, and 



Digitized by 



Google 



Mabch 10.] 211 

by nnaniinoas consent was also read the second time, and referred to 
the committee on the judiciary. 

By ananimous consent, Mr. Selkreg asked and obtained leave to intro- 
dace a bill entitled ^^An act to amend an act entitled 'An act to incorpo- 
rate the Bingham ton and Port Dickinnon liaiLioad Company,' passed 
May ], 18687' whicli was read the tirst time, and by unanimous consent 
vaM al80 read the second time, and referred to the committee on railroads. 

By unanimouH Qonsent, Mr. Starbuck asked and obtained leave to intro- 
duce a bill entitled ''An act to amend chapter 834 of the Laws of 1869, 
entitled 'An act incorporating the village of Carthage, in the county of 
Jefferson,' and the acts amendatory thereof," which was read the tirst 
time, and by unanimous consent was also read the second time, and 
referred to the committee on the affairs of villages. 

The bill entitled "An act to amend chapter 430 of the Laws of 1874, 
entitled 'An act to facilitate the re- organization of railroads sold under 
mortgage, and providing for the formation of new companies in such 
caseH,' " having been announced for a third reading. 

On motion of Mr. Harris, and by unanimous consent, said bill was 
amended as follows: 

Strike out the following words in section 1, "and also provisions con- 
sistent with the constitution and laws of this State, concerning and 
regulating meetings by the stockholders of the corporation, the election 
of its directors, the selection of its offioers, their authority and duties, 
and the manner of transacting the business of such corporation." 

Mr. Morrissey moved that said bill be recommitted to the committee 
on the judiciary, with instructions to amend as fallows : 

Iiiseit after the word " declare," in line 66, section 1, printed bill, the 
following : *^ But said bondholders shall have the right of voting by 
proxy in the same manner as is now allowed by law to stockholders." 

The President put the question whether the Senate would agree to 
laid motion, and it was decided in the aflirmative. 

Mr. Bradley offered the following: 

Whereas^ By remarks in the Senate, attacks have been made upon the 
action of the Governor, relating to the appointment of the Canal Inves- 
tigating Commission, and relating to his annual message on the same 
subject ; also upon that commission and their action ; also upon that of 
the Attorney-General, in reference to the prosecutions invited and pro- 
duced by the developments made by the investigation and reports of the 
commission; therefore, 

Beioloed, That such attacks and criticisms are nnjnst and without 
foundation. 

Resolvedy That the Attorney-General be and he is hereby requested 
to communicate to the Senate, information relating to the prosecutions, 
civil and criminal, which have been instituted in behalf of the State, and 
whether there has been any delay in bringing them to trial, and, if so, 
llje reasons. 

Mr. Rogers moved that said resolution be laid upon the table. 

The President put the question whether the Senate would agree to said 
niotii)n, and it was decided in the affirmative. 

Mr. Rogers offered the following : 

Hesolved, That when the Senate adjourns to day, it be until Monday 
evening next, March 13, at 7^ o'clock, and that hereafler, until other- 
wise ordered, evening sessions be held on Tuesdays and Thursdays, com- 
"lencing at half past 7 o'clock, p. m. 



Digitized by 



Google 



278 [Fbidat, 

The President pnt the qaestion whether the Senate would agree to said 
reBolution, and it was decided in the affirmative. 

Mr. Robertson offered the following: 

Whereas^ At the annual session of the Legislature for the year 1875, 
a proposed amendment to the Constitution was agreed to by concurrent 
vote of the Senate and Assembly, viz. : 

^^Hesolved^ That section 4 of article 5 of the Constitution be amended 
80 as to read as follows : 

'^§4. A Superintendent of State Prisons shall be appointed by 
the Governor, oy and with the advice and consent of the Senate, and 
hoM h's office for five years, unless sooner removed; he shall give seou- 
rity in such amount and with such sureties as shall be required by Islw 
for the faithful discharge of his duties; he shall have the superintend- 
ence, management and control of the State prisons, subject to such laws 
as now exist or may hereafter be enacted ; he shall appoint the agents, 
wardens, physicians and chaplains of the prisons. The agent and 
warden of each prison shall appoint all other officers of such prison, 
except the clerk, subject to the approval of the same by the Superin- 
tendent. The Comptroller shall appoint the clerks of the prisons. The 
Superintendent shall have all the powers and perform all the duties not 
inconsistent herewith, which have heretofore been had and performed by 
the Inspectors of State Prisons ; and from and after the time when anch 
Superintendent of State Prisons shall have been appointed and qualified, 
the office of Inspector of State Prisons shall be and hereby is abolished. 
The Governor may remove the Superintendent for cause at any time, 

fiving to him a copy of the charges against him, and an opportunity to 
e heard in his defense." 

Andy Vf/iereasy The said proposed amendment was agreed to* by a 
majority of all the members elected to each of the two houses of the 
said Legislature, entered in their respective journals, with the ye:i8 and 
nays taken thereon, and referred to the Legislature to be chosen at the 
then next general election of Senators ; 

And, whereas, Such general election has taken place, and said pro- 
posed amendment was duly published for three months previous to the 
time of making such choice, in pursuance of the provisions of section 1 
of article 13 of the Constitution; therefore, 

Hesolved (if the Assembly concur). That the said amendment be 
agreed to by the two houses comprising the present Legislature. 

On motion of Mr. Woodin, and by unanimous consent, the rules were 
suspended, in order that said resolution might be considered immediately. 

The President put the Question whether the Senate would agree to 
said resolution, and it was decided in the affirmative, as follows : 

FOB THB AFPIRHATIVB. 

Baaden Gerard Morrissey Sclkreg 

Bradley Hammond Prince Starbuck 

Carpenter Harris Robertson Vedder 

Cole Kennaday Rogers Wagner 

Coleman McCarthy Sayre Wellman 

Doolittle Moore Schoonmaker Woodin S4 

FOB TUB KBGATIVB. 

Bixby Jacobs Loomis 8 

Oi'deredy That the Clerk deliver said resolution to the Assembly, and 
request their concurrence therein. 

Digitized by VjOOQ IC 



Masch lO.J 270 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

''An act to amend chapter 407 of the Laws of 1874, entitled ''An act 
to amend the charter of the city of Ponghkeepsie, and to consolidate 
iirith it other acts relating to said city.' '' 

"An act in relation to county treasurers." 

Assembly, '^An act to amend sections 44 and 48, article 4, title 0, chap- 
ter 5, part 1, of the Revised Statutes, relative to the removal of county 
officers." 

After some time spent therein, the President resumed the chair, and 
Mr. Starbuck, from said committee, reported in favor of the passage of 
the first named bill, with amendments, which report was agreed to, and 
the same ordered engrossed for a third reading. 

On motion of Mr. Carpenter, and bv unanimous consent, the rules were 
Bnspended and said bill was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, and 
three-fifths being present, as follows : 

FOB THE AFFIRlkCATIYB. 

Biiby Gerard McCarthy Selkreg 

Bradley Hammond Prince Starbuck 

Carpenter Harris Robertson Vedder 

Cole Jacobs Rogers Wagner 

Coleman Kennaday Sayre Wellman 

Dooliitle Loomis Schoonmaker Woodin 24 

Ordered, That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

Mr. Starbuck, from the same committee, reported progress on the 
second and last named bills, and asked and obtained leave to sit again. 

On motion of Mr. Schoonmaker, and by unanimous consent, the rules 
were suspended, and the bill entitled ^*An act to enable the commissioners 
of the alms-house of the city of Kingston to borrow a sum not exceeding 
15,000, and to provide for the payment thereof,** was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fiflhs being present, as follows : 

FOR TUB AFFIRMATIVE. 

Selkreg 

Starbuck 

Wagner 

Wellman 

Woodin 

23 

Ordered, That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The Assembly returned the following entitled bill, with a message that 
they had concurred in the passage of the same: 

"An act releasing all the right, title and interest of the people 
of the State of New York of, in and to certain lands in tba city of 

Digitized by VjOOQIC 



Biiby 


Gerard 


McCarthy 


Bradey 


Hammond 


Prince 


Carpenter 


Harris 


Robertson 


Cole 


Jacobs 


Rogers 


Coleman 


Kennaday 


Sayre 


Doolittle 


Loomis 


Schoonmaker 



280 [MOHOAT, 

Brooklyn, in the county of King.% formerly covered by the watera of 
New York bay." 

Ordered^ That the Clerk deliver said bill to the Governor. 

The' Asacmbly returned the following entitled bill, with a message 
that they had concurred in the passage of the same. 

''An act to extend the time for the collection of taxes in the town of 
Scio, in the county of Allegany." 

Ordered^ That the Clerk deliver said bill to the Governor. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows: 

''An act to amend chapter 49*} of the Laws of 1874, entitled 'An act 
to amend the charter oi the city of Poughkeepsie, and to consolidate 
with it other acts relating to said city.' '.' 

'^An act to enable the commissioners of the alms*house of the city of 
Kingston to borrow a sum not exceeding $5,000, and to provide for the 
payment thereof." 

On motion of Mr. Jacobs, and by unanimous consent, the Senate then 
went into executive session; and, atler some time spent therein, the 
doors were opened, and 

On motion of Mr. Jacobs, the Senate adjourned. 



MONDAY MARCH 13, 1876, 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of Friday, March 10th, was read and approved. 

Mr. Say re presented a petition of citizens of the city of Rome, for an 
act extending the time for the completion of certain parts of the Rome 
Street railroad; which was read and referred to the committee on 
railroads. 

Mr. Carpenter presented a petition of citisens of Columbia county, for 
the prevention, by legislative enactment, of the manufacture of all 
alcoholic beverages ; which was read and referred to the committee on 
internal affairs. 

Mr. Selkreg presented a petition of the common council of the city of 
Biughamton, relative to the deficiency of the fire department fund 
of said city ; which was read and referred to the committee on the afiairs 
of cities. 

A resolution was received from the Assembly, as follows: 

Wherea^y The concurrent resolution proposing an amendment to the 
Constitution, in relation to the schools, was erroneously certified to the 
Senate as having passed this House, upon which information the Senate 
has taken action as though said resolution had actually passed this 
House ; therefore be it 

Jiesolved^ That the Senate be informed by the official communication 
to that body of this resolution, that said concurrent resolution is still 
pending betbre the Assembly, and that the certificate of its passage by 
this House was erronqpus. 



Digitized by 



Google 



Marob 13.] 281 

Mr. HsrriB moved that the committee of the whole be discharged from 
the further consideration of the resolution referred to, and that the same 
be laid upon the table. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative 

By nnanimous consent, Mr. Harris offered the following : 

Besolved (if th^* Asaembly conctir). That article 9 of the Constitution 
be amended by the addition of ihc following t«(*ctions: 

§ 2. The State shall maintain a system of common schools, which shall 
be free forever. The Legislature shall provide for the instruction in such 
schools the branches of elementary education for the period of at least 
twenty-eight weeks in each year, of all persons in the 8tate, between the 
ages of five and twenty-one y^ars, by annually raising therefor, by tax 
upon the property in the respective counties, a sum of not less than three 
million of dollars. 

§ 8. Neither the property nor the credit of the State, nor of any 
coanty, town or municipal corporation shall be given, loaned or be 
otherwise applied to the support, or in aid of any school under the con- 
trol, or in charge of any cnurch, religious sect or denomination ; or to 
or in aid of any school or instruction, in respect to which there is any 
theological, denominational or sectarian test or requirement ; or to or in 
aid of anv school or instruction not subject to the regulation and inspec- 
tion of the educational authorities, and open to all alike, irrespective of 
faith, nativity or parentage. 

Resolved (li'ihe Assembly concur), That the foregoing amendment be 
referred to ine Legislature to bo chosen at the next general election of 
Senators, and that in conformity with section one of article thirteen of 
the Constitution, it be published for three months previous to the time 
of such election. 

Mr. Uarris moved that said resolution be committed to the committee 
of the whole. • 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The President announced the following appointment: For Page — 
William Apps, in place of John H. Guenther, resigned. 

By unanimous consent, Mr. Gerard asked and obtained leave to intro- 
duce a bill entitled ^'An act relating to process and fees in the district 
coaits in the city of New York, and justices^ courts of Brooklyn, in 
certain cases," which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on the 
judimry. 

By unanimous consent, Mr. Starbuck asked and obtained leave to intro* 
dace a bill entitled '^An act to amend an act entitled 'An act to amend 
to act entitled An act regulating the sale of intoxicating liquors, passed 
April 11, 1870, and the act entitled An act to suppress intemperance, 
and to regulate the sale of intoxicating liquors, passed April 16, 1857,' 
passed May 21, 1873,'' which was read the first time, and by unanimous 
consent was also read the second time, and referred to the committee on 
inti»mal affiiirs. 

By unanimous consent, Mr. Sayre a^^ked and obtained leave to intro- 
doce a bill entitled ''An act to extend the time for the completion of 
certain parts of the Rome Street railroad," which was read the first time, 
and by unanimons consent was also read the second time, and referred 
to the committee on railroads. ^ j 

[SkKATK .ToUKKAL.] S6 ^'9' '^^d by LiOOglC 



282 [MOKDATy 

By unanimous consent, Mr. Sayre asked and obtained leave to intro- 
duce a bill entitled *^An act to amend chapter 18 of the Laws of 1862, 
entitled 'An act to revise the charter of the city of Utica,'" which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the affiiirs of citien. 

By unanimous consent, Mr. Selkreg asked and obtained leave to intro- 
duce a bill entitled "An act to authorize the ciiy of Bimrhamton to pro- 
vide for the deficiency in the fire department fund of said city, and to 
liquidate the indebtedness of said department," which was read the first 
time, and by unanimous consent was also read the second %ime, and 
referred to the committee on the aifairs of cities. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration ot general orders, being the bills entitled 
as follows : 

"An act to amend chapter 173 of the Laws of 1875, entitled •An act 
to provide for the better care ol pauper and destitute children." 

"An act supplementary to chapter 60 of the Laws of 1813, entitled 
'An act to provide for the incorporation of religious societies, and the 
acts supplementary thereto.' " 

"An act to secure more reliable and complete information concerning 
the financial and social condition oi the several cities and villages of this 
State." 

Afler some time spent therein, the President resumed the chair, and 
Mr. Wellman, from said committee, reported in favor of the passage of 
the first named bill, which report was agreed to, and the same ordered 
engrossed for a ihird reading. 

Mr. Wellman, from the same committee, reported progress on the 
second named bill, and asked and obtained leave to sit again. 

Mr. Wellman, from the same committee, report that the committee 
had stricken out the enacting clause of said last named bill. 

Mr. Schoonmaker moved that the bill entitled "An act to facilitate the 
settlement of bills of exception in criminal cases," be considered in firi*t 
committee of the whole. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the aflSrmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 

Mr. Carpenter moved that the bill entitled "An act to confirm the 
assignment of a certain mortgage by the commissioners for loaning cer- 
tain moneys of the United States, of the county of Ontario, to Thomas 
K<*ntor," be considered in first committee of the whole. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative, two-thirds of all the mem- 
bers elected to the Senate voting in favor thereof. 

Mr. Wellman moved that the bill entitled "An act to legalize and 
confirm the official acts ot Charles A. Dolson, as notary public in the 
county of Allegany," be connidered in first committee of the whole. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 

"An act to facilitate the settlement of bills of exceptions in criminal 
actions." 



Digitized by 



Google 



Uascb 13.] 283 

**An act to confirm the assignment of a certain mortgage by the com- 
misHionerA for loaning certain moneys of the United States, of the 
county of Ontario, to Thomas Keator/' 

*'An act to legalise and confirm the official acts of Charles A. Dolson, 
as notary pablic, in the county of Allegany." 

After some time spent therein, the President resumed the chair, and 
Hr. Yedder, from said committee, reported in favor of the passage of 
the first named bill, with amendments, which report was agreed to, and 
the same ordered engrossed for a third reading. 

Mr. Vedder, from the same committee, reported in favor of the pas- 
sage of the two last named bills, which report was agreed to, and said 
bills ordered engrossed for a third reading. 

Mr. Woodin moved that the bill entitled ^^An act authorissing the rail- 
road coramissioners of the city of Auburn to issue bonds to the amount 
of $100,000, to refund or pay a like amount of bonds, issued by said 
city, in aid of the Southern Central Railroad," be considered in first 
committee of the whole. 

Tlie President put the question whether the Senate would agree to 
said motion, and it was decided in the afiirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 

Mr. Schoonmakvr moved that the bill entitled *' An act in relation to 
proceedings under title 1, chapter 5, part 2 of the Kevised Statutes, for 
the dischiirge of insolvent or imprisoned debtors/* be considered in first 
committee of the whole. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 

Mr. Booth moved that the bill entitled "An act relating to children," 
be considered in first committee of the whole. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled aa follows : 

*'An act in relation to proceedings under title 1, chapter 5, of part 2 
of t:ia Revised Statutes, for the discharge of insolvent or imprisoned 
debtOTB," 

'*An act relating to children." 

"An act authorizing the railroad commissioners of the city of Auburn 
to issue bonds to the amount of $100,000, to refund or pay a like amount 
of bonds issued by said city in aid of the Southern Central Railroad." 

After some time spent therein, the President resumed the chair, and 
Mr. Moore, from said committee, reported in favor of the passage of 
the first named bill, which report was agreed to, and the same ordered 
engrossed for a third reading. 

Mr. Moore, from the same committee, reported in favor of the pas- 
wge'of the two last named bills, with amendments, which report was 
*gjeed to, and said bills ordered engrossed for a third reading. 

Ott motion of Mr. Vedder, the Senate adjourned. 



Digitized by 



Google 



284 JTUBSDAT, 



TUESDAY, MARCH 14, 187^ 

The Senate met parsuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Kobertson presented a petition of Samuel E. Lyon and others, 
tax-payers of the city of New York, for the passage of the act to j^e- 
organize the local government of the city of New York, to reduce the 
department of parks to one commissioner ; which was read and referred 
to the committee on the affairs of cities. 

Mr. Doolittle presented a remonstrance of citizens of ChenaoGTO 
county, against setting off the towns of Afton and Bainbridge, Chen- 
ango county, to the county of Broome; which was read and referred 
to the committee on erection and division of towns and counties. 

Mn Sayre presented three remonstrances of citizens of Oneida county 
against the act entitled ^'An act to allow the reorganization of plank- 
roads and turnpike roads;" which were read and referred to the com- 
mittee on roads and bridges. 

Mr. Woodin, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows : 

''An act to amend chapter 173 of the Laws of 1875, entitled 'An act 
to provide for the better care of pauper and destitute children.* " 

"An act to legalize and confirm the official acts of Charles A. Dolson, 
as notary public, in the county of Allegany." 

*'An act in relation to proceedings under title 1, chapter 6, of part 2 
of the Revised Statutes, for the discharge of insolvent or imprisoned 
debtors." 

"An act to facilitate the settlement of bills of exception in criminal 
actions." 

"An act relatinnj to children." 

"An act to confirm the assignment of a certain mortgagejby the com- 
missioners for loaning certain moneys of the United States, of the 
county of Ontario, to Thomas Keator." 

"An act authorizing the railroad commissioners of the city of Auburn 
to issue bonds to the amount of 1100,000, to refund or pay a like 
amount of bonds issued by said city, in ^id of the Southern Central 
Railroad." 

Mr. Doolittle, from the committee on manufactures, to which was 
referred the bill entitled "An act to prevent fraud in the manufacture 
and sale of commercial fertilizers," reported in favor of the passage of 
the same, with amendments, and said bill was committed to the commit- 
tee of the whole. 

Mr. Carpenter, from the committee on the affah-s of villages, to which 
was referred the bill entitled "An act to amend chapter 291 of the Laws 
of 1870, entitled ^An act for the incorporation of villanjes,' so far as said 
act relates to the village of Charlotte," reported in favor of the passage 
of the same. 



Digitized by 



Google 



Maxcb 14.] 



295 



Baaden 


Doolittle 


Lament 


Bixby 
Booth 


Emerson 


Loomis 


Gerard 


McCarthy 


Bradley 


Hammond 


Moore 


Carpenter 


Harris 


Morrissey 


Cole 


Jacobs 


Robertson 


Coleman 


Eennaday 


St. John 



On motion of Mr. EmerBon, and by nnanimous consent, the rules 
were suspended, and said bill was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of' said bill, and it was decided in the affirmative, a majority of 
all the members elected to the Senate votinuc in favor thereof, and three- 
fifths being present, as follows: 

FOA THB AFFIBMATIYB^. 

Sayre 

Soboonmaker 

Selkreg 

Starbuck 

Vedder 

Wellman 

Woodin 28 

Ordered, That the Clerk return said bill t<» the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the same. 

The President announced the special order, being the adverse repoi*t 
of the committee on the judiciary upon the bill entitled **An act to 
relieve married women from disabilities in transacting business." 

Mr. Schoonmaker moved that said report be taken from the table. 

The President put the question whether the Senate would agree to 
Bsid motion, and it was decided in the affirmative. 

Mr. Schoonmaker moved that the consideration of said report be made 
a special order for this evening, at 8 o'clock. 

The President put the question whether the Senate would agree to 
eaid motion, and it was decided in the affirmative, two-thirds of all the 
memberA elected to the Senate voting in favor thereof. 

The President presented the Annual Report of the Trustees of the 
Cooper Union for the advancement of Science and Art, for the year 
1875 ; which was laid upon the table and ordered printed. 
{See Doe. No. 63.) 

The Assembly sent for concurrence a resolution in the words fol- 
lowing : 

Reiidved (if the Senate concur). That a committee, to consist of two 
members of the Senate and three of the Assembly, be appointed to con- 
sider what officer) and employees of the two houses may be dispensed 
with, and what reductions may be made in the salaries and per diem 
compensation of others, without hindrance to the public service;. and 
that saoh committee be directed to report their conclusion by bill, on or 
before the 25th of the present month. 

Ordered, That said resolution be laid upon the table. 

The Assembly sent for concurrence the oills entitled as follows : 

'^An act to authoriase the extension of the time for the collection of 
taxes in the several towns in the county of Ulster, State of New York," 
which was read the first time, and by unanimous consent was also read 
the Rsoond time. 

On motion of Mr. Schoonmaker, and by unanimous consent, the rules 
were suspended, and said bill was read a third time. 

The President put the question whether the Senate would to agree 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifbhft being present, oa follows : 

Digitized by VjOOQ IC 



286 



[TUKSDAT, 



Baaden 


Doolittle 


Loomis 


Bixby 


Emerson 


McCarthy 


Booth 


Gerard 


Moore 


Bradley 


Hammond 


Morrissey 


Carpenter 


Jacobs 


Prince 


Cole 


Eennaday 


Robertson 


Coleman 


Lamont 


Rogers 



FOB TUB AFFIBMATITB. 

St. John 

Sayre 

Schoonmaker 

Selkreg 

Starbuck 

Wellman 

Woodin 28 

On motion of Mr. Schoonmaker and by unanimous consent, the rules were 
snspended, and the Clerk was ordered to return said bill to the Assem- 
bly, immediately, with a message informing that the Senate have con- 
curred in the passage of the sam«. 

*^An act to authorize the extension of the time for the collection o{ 
taxes in the several towns in the county of Erie," was read the first 
time, and by ananimons consent was aUo read the second time. 

On motion of Mr. Rogers, and by unanimous consent, the rules wer« 
suspended, and said bill was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a major- 
ity ot all tne members elected to the Senate voting iil favor thereof, and 
three-fifths being present, as follows : 



Baaden 

Bixby 

Bradley 

Carpenter 

Cole 

Coleman 



FOB THB 


AFPIBMATIVB. 


Doolittle 


McCarthy 


Emerson 


Morrissey 


Hammond 


Prince 


Harris 


Robertson 


Kennaday 


Rogers 


Lamont 


St. John 



Sayre 

Schoonmaker 

Selkreg 

Starback 

Tobey 

Wellman 24 



On motion of Mr. Rogers, and by unanimous consent, the rules were 
snspended and the clerk was ordered to return said bill to the Assembly, 
immediately, with a message informing that the Senate have concurred 
in the passage of the same. 

"An act to extend the time for the collection of taxes in the county 
of Richmond," which was read the first time, and by unanimous coDsent 
|vas also read the second time. 

On motion of Mr. Prince, and by unanimous consent, the rules were 
suspended, and said bill w^as read a third time. 

The President put the question whether the Senate would agree to 
tlie final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fiflhs being present, as follows : 

FOB THB AFFIBMATIVB. 



Baaden 


Gerard 


McCarthy 


St. John 


Bixby 
Bradley 


Hammond 


Moore 


Sayre 
Schoonmaker 


Jacobs 


Morris!*ey 


Carpenter 


Eennaday 


Prince 


Starbuck 


Cole 


Lamont 


Robertson 


Tobey 


Coleman 


Loomis 


Rogers 


Wellman 


Doolittle 









25 



On motion of Mr. Prince, and by unanimous consent, the rnles were 
suspended, and the Clerk was ordered to return said bUl to the Assem- 

Digitized by VjOOQ IC 



Habgh 14.1 287 

bly, immediately, with a message informing that the Senate have con- 
curred in the passage of the same. 

BjQDanimons consent, Mr. Starbuck asked and obtained leave to intro- 
duce a till entitled **An act for the relief of the creditors of James B. 
Taylor, late of the city of New York, deceased,*' which was read the 
first time, and by unnnimous consent was also read the second time, and 
referred to the committee on the jndiciary. 

By unaniroons consent, Mr. Tobey asked and obtained leave to intro- 
duce a bill entitled '*An net to incorporate the Endowment and Annuity 
Company of New York," which was read the first time, and by unani- 
mous cousent was also read the second time, and referred to the com- 
mittee on the judiciary. 

By unanimous consent, Mr. Gerard asked and obtained leave to intro- 
duce a bill entitled **An act for the mortgaging or sale of lands belong- 
ing to the estate of Jesse Browne, deceased," which was read the first 
time, and by unanimous consent was also read the second time and 
referred to the committee on the jndiciary. 

By unanimous consent, Mr. Harris asked and obtained leave to intro- 
duce a bill entitled ''An act to amend chapter CI 3 of the Laws of 1876, 
entitled 'An act to authorize the formation of corporations for the safe 
ke^fping and guarantying of personal property,* passed June 21, 1876," 
which was read the first time, and by unanimous consent was also read 
the Fecond time, and referred to the committee on miscellaneous 
corporations. 

By unanimons consent, Mr. Harris asked and obtained leave to intro- 
duce a hill entitled "An act in relation to that portion of the Great 
Western Turnpike Road, commonly known as Western avenue, lying 
between Snipe street, in the city of Albany, on the east, and the west 
Hoe of the proposed new boulevard, intersecting the said road west of 
AlUn street, in said city, on the west," which was read the first time, 
and hy unanimous consent was also read the second time, and referred to 
Ihe committee on the affairs of cities. 

By unanimous consent, Mr. Emerson asked and obtained leave to intro- 
duce a bill entitled '^An act authorizing and empowering the commis- 
rionere of public works of the city of Rochester to construct a turn- 
table or Bwing-bridge over the Erie canal, in Allen street, in the city of 
Rochester," which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on canals. 

By unanimous consent, Mr. Emerson asked aitd obtained leave to. 
introduce a bill entitled ''An act to allow the redemption of certain 
lands sold for taxes in the city of Rochester, at 7 per cent interest," 
which was read the first time, and by unanimous consent was also rend 
the second time, and referred to the committee on finance. 

By unanimous consent, Mr. Cole asked and obtained leave to introduce 
a bill entitled *'An act to amend chapter J 25 of the Laws of 1842, enti- 
tled 'An act to condense and amend the several acts relating to the vil- 
lage of Albion,' ".which was read the first time, and by unanimous con- 
Bent was also read the second time, and referred to the committee on 
the affairs of villages. 

By ananimons consent, Mr. Kennaday asked and obtained leave to intro- 
^Q*e a bill entitled *'An act to authorize the use of steam power upon 
Atlantic avenue, east of Flatbush avenue, in the city of Brooklyn," 
^hlch was read the first time, and by unanimous consent was also read 
the second lime, and referred to the committee on railroads. 

Digitized by VjOOQ IC 



288 [TlTBBOAT, 

By imaiiiinoiis conflent, Mr. St. John Mked End obtained leare to intro- 
duce a bill entitled ^*An act to amend chapter 831 of the Laws of 1871, 
entitled *An act for the protection of private parks and grounds, and to 
encoorage the propagation of fish and game,^ ^' which was read tbe first 
time, and by ananimons consent was also read the second time, and 
referred to the committee on internal afiairs. 

By unanimous consent, Mr. Vedder asked and obtained leave to intro- 
duce a bill entitled *'An act to incorporate the Chautauqua Lake Banday 
School Assembly,*' which was read the first time, and by unanimous 
consent was also read the second lime, and referred to the committee 
on the judiciary. 

The bill entitled ^'An act authorizing the railroad commissioners of 
the city of Auburn to issue bonds to the amount of $100,000, to refund 
or pay a like amount of bonds issued by said city in aid of the Southern 
Central Railroad," was read a third time. 

The President put the question whether the Senate would agree to the 
final paf^sage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, and 
three-fifths being present, as follows : 

FOB THB AFFIRM ATIVE. 

Baaden Doolittle McCarthy Sayre 

Bizby Emerson Moore Schoonmaker 

Bradley Oerard Mo»^rissey Selkreg 

Carpenter Jacobs Robertson Starbuck 

Cole Eennaday Rogers Tobey 

Coleman Loomis St. John Woodin 24 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled *'An act to amend chapter 178 of the Laws of 1875, 
entitled *An act to provide for the better care of pauper and destitute 
children,* *' was read a third time. 

The President put the (j^uestion whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the member^ elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 

FOR THB AFFIBMATITB. 

Bixby Hammond McCarthy Sayre 

Carpenter Harris Moore Starbuck 

Cole Jacobs Morrissey Tobey 

Doolittle Kennadav Robertson Yedder 

Emerson Lament Rogers Woodin 

Gerard Loomis St. John 28 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled ** An act to confirm the assignment of a certain mort- 
gage by the commissioners for loaning certain moneys of the United 
States, of the county of Ontario, to Thomas Keator,^' was read a third 
time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
as follows : 



Digitized by 



Google 



March H.] 



289 



FOR THE AFFIRMATIVB. 



Bixby 

Bradley 

Carpenter 

Cole 

Doolittle 

Gerard 



Hammond 

Harris 

Jacobs 

Kennaday 

Loorais 

McCarthy 



Moore 


Schoon maker 


Prince 


Selkreg 


Robertson 


Starbtick 


Rogers 


Wellman 


St. John 


Woodin 


Sayre 


23 


T said bill to the Assembly, and 



Orderedj That the Clerk deliver 
reqnest their concurrence therein. 

The bill entitled "An act to facilitate the settlement of bills of excep- 
tion in criminal actions,'^ was read a third time. 

The President pat the question whether the Senate would agree to 
the tinal passage of said bilL and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
as follows : 

FOR THE AFFIRHAXITS. 

Bixby Hammond Moore Schoonmaker 

Bradley Harris Prince Selkreg 

Cole Eennaday Robertson Starbuck 

Coleman Lament Rogers Vedder 

Doolittle Loomis ^ St. John Wellman 

EmerBon McCarthy Sayre Woodin 
Gerard 26 

Ordered^ That the Clerk deliver said bill to the Assembly, and 
request their concurrence therein. 

The bill entitled "An act relating to children,^' having been announced 
for a third reading, 

On motion of Mr. Schoonmaker, and by unanimous consent, the title 
thereof was amended, so as to read as follows: 

"An act to prevent and punish wrongs to children." 

Said bill was then read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 

FOB THE AFFIBMAHYB. 

Sayre 

Schoonmaker 

Selkreg 

Starbuck 

Wellman 

Woodin 

27 

Ordered^ Th^t the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled ^*An act to legalize and confirm the official acts of 
Charles A. Dolson, as notary) public, in the county of Allegany," was 
read a third time. 

The President put the question whether the Senate would at^ree to 
the final passage of said bill, and it was decided in the affirmative, a 

[SlMiLTB JoUBSfAL.] 37 i^ T 

Digitized by VjOOQ IC 



Biiby 


Emerson 


McCarthy 


Booth 


Gerard 


Moore 


Bradley 


Hammond 


Morrissey 


Carpenter 


Harris 


Prince 


Cole 


Jacobs 


Robertson 


Coleraan 


Lament 


Rogers 
SU John 


Doolittle 


Loomis 



290 



[TUBSDl.T', 



Hammond 


Moore 


Schoon maker 


Harris 


Morrissey 


Selkreg 


Kennaday 


Robertson 


Starbiick 


Lament 


Kogers 


Well man 


Loom is 


St. John 


Wood in 


McCarthy 


tjayre 





Harris 


Morrissey 


Schoonmaker 


Jacobs 


Robertson 


Selkreg 


Kennaday 


Rogers 


Starbuck 


McCarthy 


SSt. John 


Wellman 


Moore 


Say re 


Wood in 



majority of all the members elected to the Senate voting in favor thereof, 
as follows : 

FOR THa AFFIRMATITB. 

Bixby 

Bradley 

Cole 

Coleman 

Doolittle 

Gerard McCarthy tiayre 23 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled ^'An act in relation to proceedings under title I, 
chapter 5, of part 2 of the Revised Statutes, for the discharge of insol- 
vent or imprisoned debtors," was read a third time. 

The President put the question whether the Senate would agree to the 
linal passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, aa 
follows : 

Foa TEIB AFFIRMATIVE. 

Booth 

Bradley 

Carpenter 

Coleman 

Doolittle 

Gerard 21 

Ordered^ That the Clerk deliver said bill to (he Assembly, and request 
their concurrence therein. 

Mr. Emerson moved that the bill entitled *^An act to amend chapter 
143 of the Laws of 1861, entitled ^An act to amend and consolidate the 
several acts in relation to the charter of the city of Rochester,' passed 
April 8, 1861, and the various acts amendatory thereof or relating to the 
city of Rochester," be considered in first committee of the whole. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative, two-thirds of all the mem- 
bers elected to the Senate voting in favor thereof. 

By unanimous consent, Mr. Tobey, from the committee on insurance, 
to which was referred the bill entitled ^^An act regulating the forfeitnre 
of life insurance policies," reported in favor of the passage of the same, 
with amendments, and said bill was committed to the committee of the 
whole. 

By unanimous consent, Mr. Vedder, from the committee on internal 
affairs, to which was referred the bill entitled *'An act constituting the 
first election district in the town of German Flats, in the county of 
Herkimer, a separate excise district, and authorizing the election of 
commissioners therein," reported adversely thereto, which report was 
agreed to, and said bill rejected. 

Mr. Starbnck otfered the following : 

Wfiereas^ By the Constitution of this Stilte, it is provided that the 
Governor ^' shall communicute, by message, to the Legislature, at every 
session, the condition of the State;" and, 

Whereas^ In the performance of the duty so enjoined, his Ezoellency 
the Governor did, at the commencement of the present session, so com- 
luunicaie, by a message of more than usual interest, eviuoinff great 

Digitized by VjOOQ IC 



MibghU.I 201 

reftearcb^ and enforcing, with marked ability, correct constitutional 
ptiDciples; and. 

Whereas^ The inve8ti«:ating commiBftion composed of John Bigelow, 
D Magone, Jr., A. E. Orr and John D. Van Buren, Jr., have executed 
the trust reposed in them with unswerving and impartial fidelity, and 
with distinguished intelligence and ability; and, 

Whereas, The measures of reform instituted by the Governor and 
aided by the commission, by effectually breaking up an organized sys- 
tem of frauds upon the treasury, have been and will be of inestimable 
service in elevating the standard of official integrity, and in relieving 
the people from oppressive taxation ; and, 

Whereas^ The majority of this body, after having made unjust imputa- 
tions against the Governor and the commission, have, by their votes, 
denied the right of reply, and have thus sought to shield party leaders 
from arraignment for their opposition to reform, and for their alli- 
ance with and support of the detected plunderers of the treasury; 
and, • 

Whereas^ The present federal administration has, in numeroas particu- 
lars, manifested a disregard of the rights of the States and of the people ; 
legiHlated oppressivel]^ against labor; asserted the superiority of the 
military over the civil power; assumed powers never delegated, and 
soQght to nnllify constitutional limitations, and to build up a consoli- 
dated government of unlimited powers ; therefore 

Resolved, First. That his Excellency the Governor and the several 
members of the investigating commission are entitled to the thanks of 
the people of this State for the distinguished ability and marked fidelity 
with which they have performed their respective duties. Second. That 
the marked departure of the federal administration from the principles 
on which the government was founded, and the wide-spread corruption 
DOW known to exist amongst those by whom the administration is con- 
ducted, are just cause of apprehension and alarm; and that it is the duty 
of all patriotic citizens to combine for the purpose of rescuing the 
government from the hands of those by whom it has been betrayed, and 
of securing against the offenders the punishment due- to their crimes. 

Mr. Wood in moved that said resolution be laid upon the table. 

The President put the quest ion whether the Senate would agree to 
Baid motion, and it was decided in the afiirmative. 

Oo motion of Mr. Yedder, the Senate took a recess until half-past 
seven o'clock. 



HALF-PAST 1 O'CLOCK, p. m. 

The Senate again met. 

The Senate resolved itself into a committee of the whole, and proceeded 
to the consideration of general orders, being the bills entitled as 
follows : 

Assembly, "An act to amend sections 44 and 48, article 4, title 6, 
chapter 5, part 1, of the Revised Statutes, relative to the removal of 
county officers." 

"An act to amend chapter 148 of the Laws of 1861, entitled *An act 
to amend and consolidate the several acts in relation to the charter of 
the city of Rochester,' passed April 8, 1861, and the various acts amend- 
atory thereof, or relating to the city of Rochester." 



Digitized by 



Google 



292 [TuBSDAT, March 14.] 

**An act to repeal an act entitled *An act in relation to the opening, 
widening and extending of streets, avenues and public places, in the 
city of New York,' passed May 20, 1869.'* 

After some time spent therein, the President resumed the chair, and 
Mr. Kennaday, from said committee, reported in favor of the passage of 
the first named bill, with amendments, which report was agreed to, and 
the same ordered to a third reading. 

Mr. Eennaday, from the same committee, reported in favor of the paii- 
sage of the second named bill, with amendments, and the title amended 
80 as to read '*An act to further amend chapter 143 of the Laws of 1861, 
entitled *An act to amend and consolidate the several acts in relation to 
the charter of the city of Rochester,* " which report was agreed to, and 
the same ordered engrossed for a third reading. 

Mr. Kennaday, from the same committee, reported in favor of the pas- 
sage of the last named bill, which report was agreed to, and the same 
ordered engrossed for a third reading. 

The hourof eight o'clock having arrived, the President announced the 
special order, being the question of agreeing to the adverse report of 
tne committee on the judiciary upon the bill entitled "An act to relieve 
married women from disabilities in transacting business." 

After debate, 

The President put the question whether the Senate would agree to said 
report, and it was decided in the affirmative, as follows : 

FOR THB AFFIRMATIVE. 

Baaden Hammond Robertson Yedder 

Bixby Kennaday. Rogers Wagner 

Bradley Loomis Selkreg Wellman 

Cole Moore Tobey Woodin 16 

FOR THE NEGATIVE. 

Coleman Gerard Prince Schoonmaker 

Doolittle. Harris St. John Starbuck 

Emerson * Morrissey Say re 11 

Said bill was rejected. 

Mr. Robertson, from the committee on the judiciary, to which was 
recommitted the bill entitled **An act to authorize municipal corpora- 
tions holding the first mortgage bonds of the Rochester ana State Line 
Railway Company to exchange the same for the capital stock of aaid 
company," reported in favor of the passage of the same, with amend- 
ments, and the title amended so as to read ^'Aii act to authorise munici- 
pal corporations holding the first mortgage bonds of the Rochester and 
State Line Railway Company to sell and dispose of the sami'." 

On motion of Mr. Emerson, and by unanimous consent, said bill waa 
read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor 
thereof, and three-fiflhs being present, as follows : 

FOE THE AFFIBUATiyB. 

Baaden , Emerson Moore Selkrent 

Bixby ' Gerard Morrissey Tobey 

Bradley Hammond Prince Yedder 



Digitized by 



Google 



Harris 


Robertson 


Warner 


Kennaday 


Bogers 


Wellman 


Looniis 


Sayre 


Woodin 



[WsDNBSDATy March 15.] 293 

Cole 

Coleman 

Doolittlo Loomis ' Sayre Woodin 24 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their ooncurrence therein. 
On motion of Mr. Vedder, the Senate adjourned. 



WEDNESDAY, MARCH 15, 1870. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Cole, from the committee on canals, to which was referred the 
bill entitled **An act to authorize the canal commissioners to construct 
a road bridge over the Erie canal, in the village of Albion, in the county 
of Orleans," reported in favor of the passage of the same, with amend- 
ments, and said bill was committed to the committee of the whole. 

Mr. Emerson, from the committee on public health, to which was 
referred the bill entitled "An act to repeal chapter 74 of the Laws of 
1866, entitled 'An act to create a Metropolitan Sanitary District and 
Board of Health therein, for the preservation of life and health, and to 
prevent the spread of disease,^ so lar as relates to Queens county, and to 
provide for the appointment of boards of health in the several towns of 
Newtown, Flushing and Jamaica, in said connty, and defining their 
powers and duties, reported in favor of the passage of the same, and 
said bill was committed to the committee of the whole. 

Mr. Sayre, from the committee on roads and bridges, to which was 
referred the Assembly bill entitled "An act to repeal chapter 224 of 
the Laws of 1S74, entitled *An act to repeal chapter 440 of the Laws 
of 1873, entitled An act requiring commissioners of highways to act 
as inspectors of plankroads and turnpikes, so far as the same relates 
lo the counties of Clinton, Chenango, Seneca, Queens, Orange, Essex, 
Cayuga, Madison and Steuben,' and chapter 530 of the Laws of 1875, 
entitled *An act to amend an act and the title of an act, entitled An 
act to repeal chapter 440 of the Laws of 1878, entitled An act requir- 
ing commissioners of highways to act as inspectors of plankroads and 
turnpikes so far as the same relates to the counties of Clinton, Chenango, 
Seneca, Queens, Orange, Essex, Cayuga, Madison and Steuben, passed 
April 21, 1874,' so far as the same relates to the county of Steuben," 
reported in favor of the passage of the same, and said bill was committed 
to the committi e of the whole. 

Mr. Coleman, from the committee on banks, to which was referred 
the Assembly bill entitled "An act to extend the time within which the 
Brooklyn Guaranty and Indemnity Company, a corporation created 
under chapter 481 of the Laws of 1874, may commence the transaction 
of its business," reported in favor of the passage of the same, and said 
bill was committed to the committee of the whole. 

Mr. Coleman, from the committee on banks, to which was referred 
the Assembly bill entitled "An act to amend chapter 832 of the Laws 



Digitized by 



Google 



394 [WXDKBSUAT, 

of 1873, entitled *An act to iooorporate the Central Trust Company of 
New York,* passed June 25, 1873,*' reported in favor of the paaaage 
of tlfe same, and said bill was committed to the committee of the 
whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled '^An act to authorize the city of Bingham ton 
to provide for the deficiency in the fire department fund of said city, 
and to liquidate the indebtedness of said department,'* reported in favor 
of the passage of the same, and said bill was committed to the committee 
of the whole. 

Mr. Woodin, from the committee on engro^ed bills, reported as cor- 
rectly engrossed the bills entitled as follows: 

"An act further to amend chapter 143 of the LawA of 1861, entitled 
*An act to amend and consolidate the several acts in relation to the 
charter of the city of Uochester.* *' 

"An act to authorize municipal corporations holding the first mort- 
gage bonds of the Rochester and State Line Railway Company to sell 
and dispose of the same.*' 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to amend chapter 595 of the Laws of 
1873, entitled 'An act in relation to certain negotiable corporate bonds 
and obligation!*,* *' reported in favor of the passage of the same, with 
amendments, and said bill was committed to the committee of the 
whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
recommitted the bill entitled *' An act to amend chapter 430 of the Laws 
of 1874, entitled 'An act to facilitate the re-organization of railroads 
sold under mortgage, and providing for the fonnstion of new companies 
in such cases,* " reported in favor of the passage of the same, with 
amendments, and said bill was ordered to a third reading. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to amend chapter 19^ of the Laws of 
1848, entitled ^An act to provi'le for taking the acknowledirments of 
deeds and other written instruments by persons residing out of the 
State of New York,' " reported in favor of the passage of the same, 
with amendments, and said bill was committed to the committee of the 
whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
recommitted the concurrent resolution proposing an additional section 
to article 6 of the Constitution, consolidaiing the court of common 
pleas, the superior court, and the supreme court in the city of New 
York, reported in favor of the passage of the same, with amendments, 
and said bill was recommitted to the committee of the whole. 

Mr. Robert'^on, from the committee on the judiciary, to which was 
referred the hill entitled "An act to enable a wife to He a witness against 
her husband or on behalf of another party, in cases of criminal conver- 
sation," reported in favor of the passage of the same, with amendments, 
and said bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to provide for the filing of security for 
the payment of damages and costs by the plaintiffs in actions or pro* 
ceedmss against physicians, surgeons and dentists, for damages or pun- 
ishment for malpractice," reported adversely thereto, which report was 
agreed to, and said bill rejected. 



Digitized by 



Google 



March 15.] ,995 - 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled ^^An act to authorize surrogates to appoint 
receivers of real estate in certain cases," reported adversely, thereto, 
which report was agreed to, and said bill rejected. 

Mr. Carpenter, from the committee on the affairs of villages, to which 
wan referred the Assembly bill entitled '*An act to amend an act enti- 
tled *An act to amend the incorporati<»n of the village of Lancaster, in 
the connly of Erie,' '* reported in favor of the passage of the same, and 
6aid bill was committed to the committee of the whole. 

The Assembly sent for concurrence a resolution in the words following : 

Resolved (if the Senate concnr). That the joint rules of the last Legis- 
lature be (he joint rules for the present session until otherwise ordered, 
and that the same be referred to the committee on rales of each House 
for revision. 

Oq motion pf Mr. VVoodin, and by unanimous consent, the rules were 
BQspended, in order that said resolution might be considered immediately. 

The President put the question whether the Senate would agree to 
said resolution, and it was decided in the affirmative. 

Ordered^ That the Clerk return said resolution to the Assembly, with 
a message informing thai the Senate have concurred in the passage of the 
Banie. 

The Assembly returned the following entitled bill, with a message 
that they had concurred in the passage of the same. 

^An act to authorize municipal corporations holding the first mortgage 
boDds of the Rochester and state Line Kailway Company to sell and 
dispose of the same." 

(Jrdered, That the Clerk deliver said bill to the Governor. 

By unanimous consent, Mr. Prince asked and obtained leave to intro- 
duce a bill entitled ^^An act to establish free /ind unrestricted intercourse 
between the people of the different sections of this State which are 
separated by any body of water," which was read the first time, and 
by ananiraous consent was also read the second time, and referred 
to the committee on commerce and navigation. 

Mr. Prince moved that said bill be printed, pending its consideration 
by the said committee. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

By unanimous consent, Mr. *Kennaday asked and obtained leave to 
introduce a bill entitled *^An act to extend the time for the commence- 
ment, and completion of the Brooklyn Elevated Railway," which was 
read the first time, and by unanimous consent was also read the second 
lime, and referred to the committee on railroads. 

By unanimous consent, Mr. Kennaday asked and obtained leave to 
introduce a bill entitled '^An act concerning notaries public in the 
couDties of Kings, Queens, Richmond, Westchester, Putnam^ Suffolk 
and Rockland, and in the city and county of New York, and authoria^- 
ing them to act in all or either of said counties," which was read the 
first time, and by unanimous consent was also read the second time, and 
Merred to the committee on the judiciary. 

By unanimous consent, Mr. Booth asked and obtained leave to intro- 
duce a bill entitled ^'An ace to prevent the use and occupation of the 
Battery and other public parks in the city of New York for railroad 

?arpoies," which was read the first time, and by unanimous consent 



Digitized by 



Google 



»■ 296 [WSDNXSDAT, 

was also read the second time, and referred to the oommittee on the affairs 
ot cities. 

By unanimous consent, Mr. Baaden asked and obtained leave to intro- 
duce a bill entitled '^An act to amend an act entitled * An act to suppress 
intemperance and to regula.e the sale of intoxicating liquors,^ passed 
April 16, 1857, and to amend an act entitled *An act regulating the aalo 
ofintoxicating liquors,' pasi^cd April 1 1, 1870," which was read the first 
time, and by unanimous consent was also read the second time, and 
refierred to the committee on internal affairs. 

By unanimous consent, Mr. Baaden asked and obtained leave to intro* 
duce a bill entitled *'An act to incorporate the grand lodge of the order 
of Hermans' 8ons of the State of New York," which was read the fin?t 
time, and by unanimous consent wass also read the second time, and 
referred to the committee on miscellaneous corporations. 

By unanimous constant, Mr. Baaden asked and obtained leave to intro- 
duce a bill entitled ''An act for the relief of the ' Refuse' Transportation 
Company," which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on public 
health. 

By unanimous consent, Mr. Oerard asked and obtained leave to intro- 
duce a bill entitled "An act to make any rate of interest legal in certain 
cases," which was read the first time, and by unanimous consent was also 
read the second time, and referred to the committee on finance. 

By unanimous consent, Mr. Schoonmaker asked and obtained leave to 
introduce a bill entitled ''An act to amend the Code of Procedure," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

The bill entitled "An act to further amend chapter 143 of the Laws 
of 1861, entitled 'An act to amend and consolidate the several acts in 
relation to the charter of the city of Rochester,' " was read a third time. 

-The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof^ and three- 
fifths being present, as follows : 

FOB THB AFFIBMATIVJB. 

Baaden 

Bixby 

Booth 

Carpenter 

Cole 

Coleman Eennaday Robertson WeJTman 24 

Orafs:red^ That the Clerk deliver said bill to the Assembly, and 
request their concurrence therein. 

The Senate then resolved itself into a committee of the wh6le, and 
proceeded to the consideration of general orders, being the bill entitled 
as follows : 

**An act in relation to county treasurers." 

After some time spent therein, the President resumed the chair, and 
Mr. Gerard, from said committee, reported in favor of the passage of 
said bill, with amendments. 

Mr. Hammond moved to amend the report of the committee of the 
whole, by striking out all after the enacting clause of the bill under 
consideration, and to insert the following : 



Doolittle 


Lament 


St. John 


Emerson 


Loomis 


Sayre 
Selkreg 


Gerard 


McCarthy 


Hammond 


Moore 


Vedder 


Harris 


Morrissey 


Wagner 
WelTman 


Eennaday 


Robertson 



Digitized by 



Google 



Habch 15.] 207 

Section 1. It shall be t!»e duly of the board of supervisors of the 
peveral counties of tliis State, except the city and county of New York, to 
deMgnate, by resolution, at every annual or any special soHfion theieof 
a duly incorporated bank, banks or banking; institutions in such county, 
aud, in case there shall not be a good and solvent bank or banking 
institution in such county, then in an adjoining county within this State, 
for the deposit of all moneys received by the treasurer of such counties 
respectively for taxes, which bank, banks or banking institutions shall 
l>e required to pay such a rate of interest per annum, on the balances of 
money bo deposited, as shall be agreed upon by and with' such board of 
BQpervisors, and shall credit, every six months, the accrued interest to 
the account to which it may properly belong; ; and such treasurer is 
required to deposit in such bank or banks, d»i1y, or as often as shall be 
required by said board, not less than once in each week, all such moneys 
received by him as such treasurer; and all losses which may be sustained 
by the default of any bank or banking institution so selected as afore- 
said shall be chargeable on such county, and the several boards of super- 
Tisors shall add such losses to the next year's taxes of such county. 

§ 2. The bank, banks or banking institutions so desisrnated shall, 
before receiving any such deposits, execute and deliver to such board of 
supervisors good and sufficient bonds, with two or more sureties, to be 
approved by the said board, and in such penalty as the said board shall 
fix, conditioned for the safe-keeping and pnyment, on the order or war- 
rant of said treasurer, or of the State Treasurer, countersigned by the 
Comptroller, of such deposits, or for the payment of such bonds or 
coupons AS by their terms are made payable at a bank or banks, and for 
the payment of which a deposit shall be made by such treasurer, which 
bond or bonds shall be filed with the clerk of sai^ county. 

§ 3. Such county treasurers shall draw the moneys thus deposited only 
for the payment of claims ordered to be paid by the board of supervisors 
or other lawful authority; and if any such treasurer shall draw any of 
such moneys, or appropriate the same for any other purpose, it shall be 
deemed malfeasance in office, and sufficient cause for removal in the 
manner herein provided. 

§ 4. The Governor is hereby authorized to remove any county trea- 
surer from office, and to declare such office vacant, whenever it shall 
appear that said treasurer has misappropriated any of the funds or 
securities which have been or shall be received by him, or shall neglect ' 
to deposit, as herein required, or has been guilty of malfeasance, upon 
giving such officer a copy of the charges against him, or by leaving the 
same at his last place of residence, and an opportunity of being heard 
in his defense. And the board of supervisors of said county, at the 
annual or any special meeting thereof, is hereby authorized to appoint, 
by ballot, a treasurer to fill such vacancy. 

The treasurer bo appointed shall hold his office, subject to be removed 
as herein provided, until his successor shall be elected at the next general 
election occurring after such removal or vacancy, and shall have duly 
qualified. 

§ 5, Such treasurer, whether elected or appointed, shall receive for his 
service?*, as such treasurer, an annual salary, to be fixed by the board of 
supervisors. He shall not receive to his use any interest, fees or other 
compensation for his services as such treasurer, except in proceedings 
for sale of land for sale of unpaid taxes, as may be now provided for by 

[Sbkatb JoirBNAL,] 38 r^ ] 

Digitized by VjOOQ IC 



M8 [Wednesday, Mascu 15.] 

Jaw. But such board of supervisors may authorize the appointrnent by 
such treasurer of a clerk or 8uch other aHsistaiits in his oHice as may be 
deemed necessary by such board, the salary or other compen.sation of 
such clerks or assistants to be fixed and determined by such board, and 
to be a county charge. 

§ 6. Such county treasurer shall also, at the time or times required 
under the first section of this act, make a special deposit, to the credit 
of the State Treasurer, in the bank or banks designated as aforesaid, of 
all moneys collected on account of the " State tax " in the said several 
counties, and paid over to them as such treasurers, and shall, ob or before 
the fifth day of each month, until the full quota of State taxes due from 
said county for the year shall he thus deposited, transmit to the Treas- 
urer and Comptroller a true statement ot the amount of such deposits. 
SucK county treasurer shall also furnish the Treasurer and Comptroller 
with a copy of the statement required to be made by the ninth section 
of this act. 

§ 7. The said bank, banks or banking institutions shall open an aoooant 
with the State Treasurer of the moneys deposited as provided in the last 
preceding section, and pay the same on the drafts of tne State Treasurer, 
countersigned by the Comptroller, ^nder such regulations as said Treas- 
urer and comptroller shall prescribe. 

§ 8. The several county treasurers shall keep an accurate account of 
all moneys received, deposited and paid out by them, and shall, quarterly, 
or as often as the board of supervisors shall, by resolution, require, make 
a correct and true statement thereof in writing, which statement shall 
be verified by oaih before a notary public, or other proper officer, as to 
its correctness, and filed with the county clerk. Such statement sliall be 
published also, as soon thereafter as may be, in the newspapers desig- 
nated by the said board for the publication of the session laws in said 
county. 

g 9. Every county treasurer who shall willfully misappropriate any of 
the funds or moneys or securities which shall be received by him as such 
treasurer, or who shall draw out any of the moneys so deposited, in vio- 
lation of the provisions of the law, or is guilty of any willful disobedi- 
ence of the lawful directions of the Comptroller of this State, or of the 
board of supervisors of the county of which he shall be treasurer, or of 
malfeasance or willful neglectof duty in his office, upon conviction there- 
of, shall be punished by a fine not less than $500 nor more than $10,000, 
or imprisoned in a State prison not less than one year nor more than ten 
years, or by both such fine and imprisonment, in the discretion of the court; 

§ 10. No person shall be eligible to the office of county treasurer for 
a second term, for the next three years after the termination of any full 
term for which he may have been elected. 

§ 1 i. All acts and parts of acts, inconsistent with this act, are hereby 
repealed. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the negative, as follows : 

FOR THE ▲FFIRMATTTB. 

Bizby Emerson ' Lament Robertson 

Bradley Hammond Prince 7 

FOB THE NBaATIVB. 

Baaden Harns Rogers Tobey 

Booth Eennaday St. John Yedder 



Digitized by 



Google 



[Thussdat, March 16.] 299 

Carpenter McCarthy Say re Wagner 

Cole Moore Schoonmakef Well man 

Coleman Morrisscj Selkreg Wood in 
Doolittle 21 

The Prentdent then put the question whether the Senate woald agree 
to said report, and it wan decided in the affirmative. 

Ordered^ That said bill be engrossed for a third reading. 

On motion of Mr. Woodin, the Senate then went into execatiTO s'ession, 
and after some time spent therein, the doors were opened, and the Sen* 
ai« renamed legislative business. 

The Assembly sent for oonoarrence a resolution in the words following: 

Hesohed (if the Senate concur), That a respectful message be sent to 
his Excellency the Governor, asking him to return, for amendment, 
A^wembly bill No. 210, extending the time for the collection of taxes in 
the county of Richmond. 

On motion of Mr. Prince, and by unanimous consent, the rules were 
snsDended, in order that said resolution might be considered immediately. 

ihe Presi lent put the question whether the Senate would agree to said 
reMolation, and it was. decided in the affirmative. 

On motion of Mr. Prince, and by unanimous consent, the rules were 
B08pended, and the Clerk was ordered to return said resolution to the 
Aiisembly immediately, with a message informing that the Senate have 
coneurred in the passage of the same. 

On motion of Mr. Doolittle, the Senate adjourned. 



THURSDAY, MARCH 16, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Schoonmaker presented a remonstrance of residents of Coxsackie, 
Greene county, against the passage of a law authorizing the Fishkill and 
Newhurgh Railroad Bridge Company to maintain a bridge across the 
Hudson river; which was read and referred to the committee on railroads. 

The President presented the Thirty-first Annual Report of the Prison 
Association of the Stiite of New York, which was laid upon the table 
and ordered printed. 

(See Doc. No. 54.) 

Mr. Rogers, from the committee on commerce and navigation, to 
which was referred the bill entitled "An act further to amend chapter 
820 of the Laws of 187?, entitled ^An act to amend an act in relation 
to the rates of wharfage, and to regulate piers, wharves, bulkheads and 
Blips in the cities of New York and Brooklyn,' " reported in favor of the 
passaflre of the same, with amendments, and said bill was committed to 
the committee of the whole. 

Mr. Rogers, from the committee on commerce and navigation, to which 
was referred the Assembly bill entitled "An act to authorize the com- 
missioners of docks of the city of New York to sell, at public auction 
the lease of the ferry from Grand street, in the city of New Jfork, to 

Digitized by VjOOQ IC 



300 [THUBSI>AYy 

Grand street, in the oity of Brooklyn," reported in favor of the passage 
of the same, with amendments, and the titfe amended so af< to read 
*'An act to authorize the commissioners of the siakiD<2^ fund of the city 
of New York to sell at public auction the lease of the ferry from Grand 
street, in the city of New York, to Grand street, in the oity of Brook- 
lyn," and said bill was committed to the committee of the whole. 

Mr. Harris, from the committee on finance, to which was referred the 
bill entitled '^An act to amend an act authorizing the taxation of stock- 
holders* of banks, and the surplus funds of savings banks, passed April 
23, 1 866," reported the same for the consideration of the Senate. 

Mr. Harris, from the committee on finance, to which was referred the 
bill entitled ''An act authorizing the taxation of stockholders of life, 
fire and marine in-iurance companies," reported the same for the coti- 
sideration of the Senate. 

Mr. Harris, from the committee on finance, to which was referred the 
Assembly bill entitled ''An act to authorize the Oommissioners of the 
Land Office to convey certain lands belonging to the State of New 
York, in the village of Cortland, to the Cortland Soldiers' Monumental 
Association, for the purposes of the erection, maintenance and protection 
of a soldiirs' monument," reported in favor of the •passage of the same, 
and said bill was committed to the committee of the whole. 

Mr. Harris, from the committee on finance, to which was referred the 
bill entitled "An act to make any rate of intere^it legal in certain cases," 
reported adversely thereto, which report was agreed to, and said bill 
rejected. 

Mr. Coleman, from the committee on banks, to which was referred 
the bill entitled "An act to amend chapter 371 of the Laws of 1875, 
entitled 'An act to conform the charters of all savings banks or institu- 
tions for savings to a uniformity of powers^ rights and liabilities, and 
to provide for the organization of savings banks, for their 'supervision, 
and for the administration of their affairs,' " reported adversely thereto, 
which report was agreed to, and said bill rejected. 

Mr. Woodin, from the committee on engrossed bills, reported aa cor- 
rectly engrossed the bill entitled as follows : 

*'An act in relation to county treasurers." 

The Assembly sent for concurrence the bills entitled as follows: 

"An act in relation to regulating, grading and otherwise improving 
streets, roads and avenues in the city of New York, and to limit the 
issue of stock and bonds in anticipation of the collection of assessments 
therefor," which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on the affairs of 
cities. 

"An act to provide for the creation of a board of charities 'and for a 
better administration of the public charities in the county of Kings," 
which was read the first time, and by unanimous consent was also read 
the second time, and referred to the committee on the judiciary. 

The Assembly returned the Assembly bill entitled "An act making 
appropriations for the support of government," with a message that 
they had non-concurred in the amendments of the Senate thereto, request 
a committee of conference thereon, and appointed a committee on their 
part consisting of Messrs. Forster, Hogeboom, Monroe, Sherman and 
Talmage. 

Mr. Harris moved that a like committee bo appointed on the part of 
the Senate. 



Digitized by 



Google 



Mabch 16.] 801 

The President put the qae.^tion whether the Senate wonld agree to said 
motioD, and it was decided in the affirmative. 

The President annoanced as such commitlee Messrs. Harris, McCarthy 
and Hammond. 

Orderedy That the Clerk return said bill to the Assembly, with a mes- 
sage assenting^ to the appointment of a committee of conference.. 

By unanimous consent, Mr. Rogers asked and obtained leave to intro- 
dace a bill entitled **An act to amend an act entitled 'An act to revise 
the charter of the city of Buffalo,' passed April 28, 1870,' which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on the affairs of cities. 

By unanimous consent, Mr. St. John asked and obtained leave to 
introduce a bill entitled ^'An act to amend chapter 871 of the Laws of 
1875, entitled 'An act to conform the charters of all savings banks or 
institutions for savings, to a uniformity of powers, rights and liabilities, 
and to provide for the organization of savings haiiks, for their super- 
vision and for the admimistration of their affairn,' " which was read the 
first time, and by unanimous consent was also read the second time, 
and referred to the committee on banks. 

By unanimous consent, Mr. Wagner a^ked and obtained leave to iutro- 
dace a bill entitled ''An act to amend chapter 673 of the Laws of 1871 ^ 
entitled 'An act to authorize the construction of sewers in the village and 
town of Saratoga Springs,' passed April 21, 1871," which was read the 
first time, and by unanimous consent was also read the second time, and 
referred to the committee on the affairs of villages. 

By unanimous consent, Mr. Hammond asked and obtained leave to 
introduce a bill entitled "An act to alter the judicial districts of this 
Stale," which was read the first time, and by unanimous consent was also 
read the second time, and referred to the commitjtee on the judiciary. 

By unanimous consent, Mr. Robertson aski*d and obtained leave to 
introduce a bill entitled "An act to amend section 48 of article 8, title 4 
chapter 7, part 3, of the Revised Statutes," which was read the first time, 
and by unanimous consent was alHo read the second time. 

On motion of Mr. Robertson, and by unanimous consent, the rules 
were suspended, and said bill was ordered considered in the first com- 
mittee of the whole. 

By unanimous consent, Mr. Bixby asked and obtained leave to intro- 
(^Qce a bill entitled "An act in relation to .the Foundling Asylum of the 
Sisters of Charity in the city of New York," which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the committee on miscellaneous corporations. 

By unanimous consent, Mr. Selkreg asked and obtained leave to intro- 
duce a bill entitled "An act in relation to highway bridges over rail- 
roads,'^ which was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on roads and 
bridges. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to release to John I. Cooke, otherwise 
called Eli Plank, of the city of Albany, county of Albany, and State of 
New York, the title and interest of the people of the State of New 
York in the real and personal estate of which John Cooke, late of the 
wid city of Albany died seized," reported in favor of the passai^e of 
the same, with amendments, and the title amended so as to read "An net 
to release to John I. Cooke, otherwise called Eli Plank, and Mary Eliza 

Digitized by VjOOQ IC 



302 [Thuhbdat, 

Castle, both of the city^of Albany, county of Albany, and State of New 
York, the title and interest of the people of the State of New York in 
the real and personal estate of which John Cooke, late of the said city 
of Albany died seized," and said bill was committed to the oommittee 
of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled ''An act to amend title i, chapter 1, part 2, of 
the Revised Statutes, entitled * Of powers,' '* reported in favor of the 
passage of the same, and said bill was committed to the committee of 
the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled "An act to release to Bridget Porter 
the right, title and interest of the people of the State of New York in 
and to certain real estate in the twenty-fourth ward of the city of New 
York," reported in favor of the passage of the same, and said bill was 
committed to the committee of the whole. 

Mr. Robertson, from the oommittee on the judiciary, to which was 
referred the Assembly bill entitled ''An act to provide (or the payment 
of the expenses incurred in trials of convicts for crimes committed in 
the State prisons," reported in favor of the passage of the same, with 
amendments, and said bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to release the interest of the people of 
the State of New York in certain real estate in the city of Albany to 
Mary Eliza Castle of said citjy," reportod adversely thereto, which report 
was agreed to, and said bill rejected. 

Mr. Prince, from the committee on miscellatieous corporations to 
which was referred the bill entitled "An act to amend chapter 618 of 
Laws of 1875, entitl€|,d 'An act to authorize the formation of corpora- 
tions for the safe-keeping and guarantying of personal property,'" 
reported in favor of the passage of the same, with amendments, and 
said bill was committed to the committee of the whole. 

The bill entitled "An act in relation to county treasurers," having 
been announced for a third reading, 

Mr. Woodin moved to recommit said bill to the committee on the 
judiciary, with instructions to amend the same as follows : 

Section 1, strike out the words " from taxes, or from any other source, 
for any public use or purpose.'.' 

The Presidentput the question whether the Senate would agree to said 
motion, and it was decided in the affirmative, as follows : 

FOR THE AFFIBHATIVS. 

Bixby Coleman McCarthy Starbuck 

Booth Doolittle Morrissey Vedder 

Bradley Emerson ^t. John Wagner 

Carpenter Hammond Say re Wellman 

Cole Lament Selkreg Woodin 20 

FOB THB NEGATIVE. 

Harris Moore Robertson Sohoonmaker 

Loomis Prince Rogers 7 

The bill entitled "An net to amend chapter 430 of the Laws of 1874, 
entitled 'An act to facilitate the reorganizrUion of railroads sold under 

Digitized by VjOOQ IC 



Habcb 16.] 803 

mortgage, and providing for the formation of ne^ companies in snoh 
cashes,' '^ having been announced for a third reading, 

Mr. McCarthy moved that said bill be recommitted to the committee 
OD the judiciary. 

The President pat the question whether the Senate would agree te said 
motion, and it was decided in the negative. 

Said bill was then read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
as follows : 





FOR TBS 


AFFIRMATrVB. 




Bixby 

Bradley 

Carpenter 

Coleman 

6«rard 


Hammond 

Harris 

Kennaday 

Moore 

Prince 




Robertson 
Rogers 
St. John 
Sayre 
Schoonmaker 


Vedder 
Wap:ner 
Well man 
Woodin 




FOR 


THB KSOATIVB. 




Booth 

Cole 

Doolittle 


Emer)«on 
Jacobs 




McCarthy 
Morrissey 


Selkrpg 
Starbuck 



19 



When the name of Mr. Emerson was called, he asked to be excused 
from voting. 

The President put the question whether the Senate would grant said 
request, and it was decided in the negative. 
Mr. Emerson subsequently voted in the negative. 
Orderedy That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

A message was received from His Excellency the Governor, in the 
words following : 

STATE OP NEW YORK : 

Executive Chamber, ) 

Albany, March 16, 1876. ) 
To the Senate : 

I have received ihe following resolution adopted on the 7th instant, 
viz.: 

Whereas^ A vacancy occurred in the office of judge of the marine 
court of the city of New York, by reason of the decease of Alexander 
Sptiulding, late one of the judges of said court ; and, 

Whereas^ One James P. Siimott has, since the happening of such 
vacancy, said to have been appointed judge of said marine court by the 
Governor; therefore, 

^^ Resohedy That His Excellency the Govi^mor be and he is hereby 
re^ppclfully requested to communicate to the Senate what action he has 
taken in rrspect to such appointment, and by what authority of law, if 
aoy, he has acted in the premises.'* 

In reply to these inquiries, I have the honor to inform the Senate : 

Firvt. James P. Sinnott has been duly appointed to execute the duties 
of the office of justice of the nianne court in the place of Alexander 
Spauldin};;, deceased, until the vacancy caused by the death of the said 
Spaulding shall be tilled by election, in conformity to the Constitution 
and laws. 



Digitized by 



Google 



804 [THURSDATy 

Second. The law under which the said appointment was made, is 
chapter 218 of the Laws of 1849, entitled "An act to provide for filling 
vacancies in office," passed February 3, 1849 (as amended by chapter 
385 of the Laws of 1867), which provides as follows: 

^* § i. Whenever vacancies shall exist or shall occur in any of the 
offices of this State, where no provision is now made by law for filling 
the same, the Governor shall appoint some suitabie person who may be 
eligible to the office so vacant or to become vacant, to execute the duties 
thereof until the commencement of the political year next succeeding the 
first annual election after the happening of the vacancy at which such 
officer could be, by law, elected ; and the person so appointed to fill such 
vacancy shall possess all the rights and powers, and be subject to all the 
liabililies, duties and obligations of such officer, as they are now or may 
hereafter be prescribed by law." 

The Constitution of 1846 abolished the system of an appointed judi- 
ciary, and provided for electing certain judicial officers as follows : 

"All judicial officers of cities and villajxes, and all such judicial officers 
as may be created therein by law, shall be elected at such times and in 
such manner as the Legislature may direct." (Const., art. 6, § 18.) 
' The first act in relation to the marine court passed under this Consti- 
tution, was chapter 144 of the Laws of 1849, passed March 27, 1849, 
which provided for the election of two justices for the term of lour years. 
The provision in respect to filling vacancies wa^as follows: 

*^ In cai^e of the death or resignation or vacancy arising from any other 
cause, of either of said justices or clerk, the 'Board of Supervisors' of 
said city shall immediately appoint some suitable person to ' fill the resi- 
due' of the term thus vacant." (§ 3.) 

The next act in relation to the marine court material to be considered 
here, is chapter 389 of the Laws of 1853, entitled *'An act in relation to 
the marine court of the city of New York," parsed in pursuance of the 
mandate of the Constitution before recited, which provided that three 
judges of the marine court of the city of New York should be elected 
(§1); that the justices so elected should, immediately after the votes 
were counted, be classified by lot (§ 2) ; and that vacancies should be 
filled as follows : 

" § 3. After the expiration of the terms of office under such classifica- 
tion, the terms of office of all the justices of the marine court shall be 
six years, and one justice shall be elected at the expiration of every two 
years; and any vacancy occurring in the offices created by this chapter 
shall be filled in the manner prescribed by law for filling vacancies in 
the offices of the justices of the superior court of the city of New York.'' 

This act was passed on the 1 7th day of April, 1852, and expressly 
repealed all former acts and parts of acts inconsistent with it. (8 1-*) 
The question is, what was '' the manner prescribed by law " for filling 
vacancies in the office of justice of the superior court when this act took 
effect. That manner, whatever it may have been, was adopted by this 
act for the purpose of filling vacancies in the marine*court. 

Chapter 255 of the Laws of 1847, entitled **An act in relation to the 
superior court and the court of common pleas in and for the city and 
county of New York," contains the following provision for filling 
vacancies. 

*' § 6. At the general election next preceding the time at which the 
term of office of any such justice or judge shall then expire, there shall 
be an election to fill such vacancy; and if a vacancy shall occur at any 



Digitized by 



Google 



MwaaKLl 306 

time in the office of any such justice or judge, before his term shall have 
expired, by death, reaignatiop, removal or otherwise, then such vacancy 
shall be filled for the residue of the unexpired^ term, at the next general 
election alter the vacancy shall occur.'* 

There are three classes of vacancies: First, those made by the expira- 
tion of the term, in which case an election for the full term fills the 
vacancy; second, a vacancy created by death, resignation, removal or 
other caune, before the term has expired, in which case the vacancy is 
said to be filled by election, at the next general election, for the residue 
of the nnexpired term ; and, third, a vacancy, previously unknown to 
th^ Constitution and laws, resulting from the adoption of the elective 
system — that is, a yacancy for the fractional part of the unexpired term 
between the happening of the event creating the vacancy and the com- 
inencement of the political year n^xt succeeding the first annual election 
thereafter. 

The act of ] 847, relating to the Superior Court, provided for the fill- 
ing ot the first two classes of vacancies, but made no provision for filling 
the third class. Excfpt for th^ general statute providing for the filling 
of vacancies for fractional periodn, necessarily intervening before an 
election could be had and the person chosen could enter upon his office, 
our laws would leave this fractional period wholly unfilled. 

For the express purpose of avoiding this result, growing out of the 
elective system, the Constitution which established that system ordained 
as follows : 

'*The Legislature shall provide for filling vacancies in office, and, in 
case of elective officern, no person appointed to fill a vacancy shall hold 
big office, by virtue of such appointment, longer than the commencement . 
of the political year next succeeding the first annual election after the 
happening of the vacancy." (Art. 10, § 5.) 

lu obedience to this mandate, the Legislature passed the general law 
Grpt above oited, enacting that, in all cases not expressly provided lor, 
the Governor should appoint. 

There was, in 1852, no other provision of law for the filling of these 
iractional vacancies in the Superior Court. The provision of the act of 
1828, establishing the Marine Court (chap. 187), in which the word 
^ vacancy '* occurred, had no application, and had ceased to be in force 
for any purpose whatever. That provision was a mere incident to a 
system tnat had been swept away by the new Constitution. The only 
vacancy that it contemplated was a vacancy for a full terra, to be filled 
by an appointment for a full term — an appointment in direct violation 
of the Oohstitution of 1846. But, beside.'^ this, the act of 1828 had been 
Bnperseded and repealed by the act of 1849, which provided that all 
vacancies should be filled by the board of supervisors, and which, in 
expresH terms, repealed ^' so much of all acts and parts of acts bere- 
totore passed as shall be inconsistent with the provisions of this act.'' 

(§i«.) 

The question has been raised as to whether the words in the act of 
1852, relating to the Marine Court, ^Mn the manner prescribed by law 
for filling vacancies in the office of justices of the Supreme Court," 
relate to the manner at that time prescribed by then existing laws, or 
relate to such manner as might be prescribed by future laws and future 
constitutions. This is not a question about which there can be the 
slightest possibility of doubt. A statute referring to other laws will be 

[Sknate Journal.] 39 

Digitized by VjOOQ IC 



u 



306 [Thubsdat, 

held to mean laws then in existence, unless a contrary meaning is ex- 
pressed. Bat in no case could that statnte, in the phrase '^ prescribed 
by law," be supposed U^ mean a constitutional amendment adopted 
seventeen years afterward. The words ^* prescribed by law " are, in this 
case, equivalent to "prescribed by the Legislature." This act was 
passed under the Constitution of 1846, and this Oonstitntion devolved 
upon the Legislature the duty of providing for vacancies in office. And 
the word " Constitution," in our system, is habitually used in contra- 
distinction to the word "law." We speak of " the Constitution " and 
*• the laws " in common parlance. 

' There is nothing in the language of the act of 1862 to countenance a 
construction which would make that act shifting and ambulatory in 
attendance upon all future laws and constitutions affecting a court with 
which it had no c6nnection, for it must be remembered that in 1862 the 
Marine Court and the Superior Court bore no relation to each other 
which could make it probable that the Legislature of that year wished 
to make the mode of filling vacancies in the one follow future changes 
of laws and constitutions in respect to the other. At any rate, that 
Legislature failed to say so, and we must obey the law, so long as it 
stands, according to the principles of construction universally accepted 
in our jurisprudence. 

It may be proper to add that a question of this character was recently 
adjudicated by Judge Hamilton W. Robinson, of the Court of Common 
Pleas, and decided in accordance with these views, and that his decision 
was affirmed on appeal to the General Term of that court. 

In conclusion, I may be permitted to add that it would have been per- 
fectly agreeable to me to have submitted this appointment to the Senate, 
if I could have done so without committing the solecism of invitinir a 
co-ordinate branch of the government, to which I owe, by duty and by 
inclination, every official comity, to assume a function in a case of which 
the Constitution and the laws give it no jurisdiction, and in which its 
action, whatever it might be, would be totally void. The Constitution 
and the laws cast on me the obligation to decide, in the first instance, 
whether it is my duty to appoint or to nominate to the Senate, and in 
doine so in this case I have simply endeavored to obey the law. 

SAMUEL J. TILDEN. 

Mr. Bixby moved that said message be laid upon the table and printed. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

{See Doc No. 66.) 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

"An act to amend section 48 of article 3, title 4, chapter 7, part S of 
the Revised Statutes." 

'*An act to further amend chapter 721 of the Laws of 1871, entitled 
^An act to amend and consolidate the several acts relating to the prese^ 
vation of moose, wild deer, birds and fish,' passed April 26, 1871." 

After some time spent therein, the President resumed the chair, and 
Mr. Moore, from said committee, reported in favor of the passage of 
the first named bill, with amendments, which report was agreed to, and 
the same ordered engrossed for a thini reading. 

On motion of Mr. Rogers, and by unanimous consent, the rules were 
suspended, and said bill was read a third time. 

Digitized by VjOOQ IC 



HiBCHie.] . 307 

The President put the question whether the Senate would agree lo 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fiflhs being present, as follows : 



FOB THB AFFIRMATIYB. 



Baaden 

Bixby 

Booth 



Harris 


Robertson 


Starbuck 




Kennaday 


Rogers * 


Vedder 




Lamont 


St. John 


Wagner 
Wefhnan 




McCarthy 


Sayre 




Moore 


Selkreg 


Woodin 


21 



Doolittle 
Gerard 

On motion of Mr. Rogers, and by unanimous consent, the rules were 
Boapended and the clerk was ordered to deliver said bill to the Assembly, 
immediately, and request their concurrence therein. 

Mr. Moore, frofn the same committee, reported progress on the last 
named bill, and asked and obtained leave to sit again. 

Mr. Bradley moved that said bill be recommitted to the committee on 
internal affairs, retaining its place on general orders. 

The President put the question whether the Senate would agree to 
Mud motion, and it was decided in the affirmative. 

On motion of Mr. St. John, and by unanimous consent, the bill enti- 
tled "An act to enlarge the powers of the Canal Board," was ordered 
congidered in firet committee of the whole. 

On motion of Mr. Vedder, the Senate took a recess until half-past 
seven o'clock, p. i£. 



HALF-PAST SEVEN O'CLOCK, p. m. 

The Senate again met. 

On motion of Mr. Jacobo, and by unanimous consent, the Assembly 
bill entitled **An act to authorize the commissioners of the sinking fund 
of the city of New York to sell at public auction the lease of the ferry 
from Grand street, in the city of New York, to Grand street, in the city 
of Brooklyn," was ordered considered in first committee of the whole. 

^r. Woodin, from the committee on engrossed bills, reported as cor- 
r^^y engrossed the bill entitled as follows : 

**An act to amend section 48 of article 3, title 4, chapter 7, part 3 of 
the Revised Statutes." 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled "An act to prevent the use and ocoupatipn of 
the Battery, and other public parks m the city of New York, for rail- 
road purposes," reported in favor of the passage of the same^ and said bill 
^M committed to the committee of the whole. 

Mr. Booth, from the special committee, to investigate in respect to the 
"Apartments of the government of the city of New York, presented a 
'Aport thereon, which was laid upon the table and ordered printed. 
(See Doc. No. .) 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 

Assembly, ^^An act to authorize the commissioners of the sinking fund 
of the city of New York to sell at public auction the lease of the ferry 

Digitized by VjOOQ IC 



308 ^[P'BTDTAr. 

from Grand Rlreet, in the city of New York, to Grand 'street, In tHe city 
of Brooklyn." • ., , . 

"An act to enlarge the powers of Ihe Canal Board." 

''An act to amend section 7 of chapter 633 of the Laws of 1866, Enti- 
tled 'An act in relation to the benevolent fund of the late volunteer fire 
department in the city of New York,' passed April 17, 1866, as amended 
by chapter 962 of the LaWs of 1867, and as further amended by chapter 
297 of the Laws of 1870." 

After BoiQC time spent therein, the President resumed the chatr^ and 
Mr. Prince, from said committee, reportt^d in favor of the passage of the 
first named bill, with amendments, which report was agreed to, and the 
same ordered to a third reading. 

Mr. Prince, from the same committee, reported in favor of the 
pansage of the second named bill, with amendments, which report was 
agreed to, and the same ordered ensri'o^rsed for a third reading. 

Mr. Prince, from the same committee, reported in favor of the 
passage of the last named l)ill, which report waa agteed to, and the 
saniie ol-dered engrossed for a third reading? 

On motion of Mr. Woodin, the Senate ii^joiimed. 



FRIDAY, MARCH'17, 1876. 

The Senate met pursaant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was r^ad and approved. 

Mr. Carpenter presented a petition of citissens of the counties of 
Dutchess and Orange, in favor of the " Fishkill and Newburgh Railroad 
and Bridge Company," to maintain a bridge across the Hudson river ; 
which was read and referred to the committee on railro^s. 

Also a remonstrance of citizens of Hudson against the maintenance of 
such bridge ; which was read and referred to the committee on railrdada. 

Mr. Morrissey presented seven remoni^tranoes of citizens of New York 
upon the same subject ; which was read land referred to the committee 
on railrpads. 

Mr. Robertson, irom the committee on the jtldictary, to which was 
referred the bill entitled *^An act to amend chapter 586 of the Laws of 

1873, entitled ^An act to amend the twenty-third section of article 1, 
title 4, chapter 2, part 4 of the Revised Statutes, entitled Of the return 
and summoning or grand juries, their powers and duties,' " report^ in 
favor of the passage of the same, with amendments, and said bill wan 
committed to the committee of the whole. 

Mr. Robertson, from the comihittee on the judiciary, to which was 
referred the bill entitled ^*An act to amend chapter 430 of the Laws of 

1874, entitled 'An act to facilitate the reorganization of railroads sold 
under mortgage, and providing for the formation of new companies in 
such cases,' " reported in favor of the passage bf the same, with amend- 
ments, and said bill was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
recommitted the bill entitled ''An act in relation to county treasurers," 



Digitized by 



Google 



reported in fifivor of the pKs^age of the same, With amendmentB, and 
said bill was ordered to a third reading. 

Mr. Woodio, from the committee on engrossed bills, reported as oor- 
reotly engrossed the bills entitled as follows : 

'^An act to amend section Y of chapter 6^S3 of the Laws of 1866, enti- 
tled ^An act in relation to the benevolent fund of the late volunteer fire 
department in the city of New York,' passed April 17, 186i6, as amended 
by chapter 962 of the Laws of 1667, 'and as Ttrrther amended by chapter 
297 of the Laws of 1870." 

'*An aist to enlarge the powers* of the Canal Board." 

The Asseihbly sent for oononrrence the bilis entitled as follows : 

^An act to authorize the soj^rvisor of the town of Hastings, in the 
ooanty of 'Oswego, to collect certain highway taxes in said county," 
vhich was read the first time, and by nnanimoos consent was also read 
the second time. 

On motion of Mr. Doolittle, and by nnftnirtiotts consent, the rules were 
suspended, and said bill was ordered considered in first committee of 
the whole. 

'*An act to authorize the city of Buffalo to issue its certificates of 
indebtedne ss for the purpose of raising mohey to supply a deficiency in 
the poor department of the city,** which was read the first time, and by 
UQanimous consent was also read the second tinle, and referred to the 
committee on the affairs of cities. 

'*An act to provide for the appointment of an additional number of 
notaries public," which was read the first time, and by unanimous con- 
sent was also rdad the second time, and referred to the committee on 
the judiciary. 

A message from the Assembly Was received and rea'd, as follows : 

In AfiBBiiaLT, March 16, 1876. 
Parsnant to a conoarrent resolution of the Senate and Assembly, the 
Govei^or returned the Assembly bill Entitled '^ An act to 'extend the time 
for the cotleetibn of taxes in the co<^nty of Richmond." 

TheTOte rtpon the firtal passage of the same having been reconsidered, 
on motion of Mr. Townsend, and by unaiiiimous consent, the same was 
ftm^tided as followis : 

(Reference to engrossed bill.) Section 1, line 3, after the word ** of," 

strike out the word *'^Jitne," and insert in lieu thereof the Word " May." 

Section 1, line 0, after the word ** of,^'^ strike out the»word ** Jane," and 

insert In H^u thereof the word ** May." 

Ahd asainedded'pali^d, andordered^entiotheSenate'fbrooneuFrence. 

By <5rder, 

'EDWARD M. JOHNSON, Olerk. 

The President put the question whether the Senate would agree to 
recuiiMder the vote by which said bill was passed, and it was decided in 
the affirmative, a majority of all the members elected to the Senate 
voting in favor thereof, and three-fifths being present, as follows : 



FOR THB AFFIR&IATITS. 



Bixby 


Gerard 


McCarthy 


Booth 


Hammond 


Moore 


Bradley 


Harris 


Prince 


Carpenter 


Jacobs 


Robertson 


Cole 


Kennaday 


Rogers 



Savre 

Schoon maker 
Selkreg 
Starbuck 
Vedder 

Digitized by VjOOQ IC 



810 [Fjhdat, 

Coleman Lsmont St John ^ Woodin 

Doollttle Loomis * 36 

The President then pat the question whether the Senate would agree to 
the final p issage of said bill, as amended, and it was decided in the 
affirmative, a majority of all the members elected to the Senate voting in 
favor thereof, and three-fitlhs being present, as follows : 

FOB TH3B AFPIBMATIVB. 



Bixby 


Gerard 


Moore 


Selkreg 


Booth 


Jaoobs 


Prince 


Starbuck 


Carpenter 


Eennaday 


Robertson 


Vedder 


Cole 


Laraont 


St. John 


Wellman 


Coleman 


Loomis 


Sayre 


Woodin 


Doolittle 


McCarthy 


Sohoon maker 





28 

OrderedyThht the Clerk return said bill to the Assembly, with a mes- 
sage informing that the Senate have concurred in the passage of the same, 
as amended. 

By unanimous consent, Mr. Eennaday asked and obtained leave to 
introduce a bill entitled "An act to confirm the official acts' of L. W. 
Emerson, as a notary public of Kings county," which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the committee on the judiciary. 

By unanimous consent, Mr. Morrissey asked and obtained leave to 
introduce a bill entitled ''An act to amend an act entitled 'An act 
to amend the charter of the village of Saratoga Springs, so as to provide 
for the appointment of a superintendent of public works of the village 
of Saratoga Springs, and abolish the office of superintendent of the vil- 
lage and of the water-works of said village,' " which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the oommitttee on the affairs of villages. 

By unanimous consent, Mr. Sayre asked and obtained leave to intro- 
duce a bill entitled "An act to amend chapter 314 of the Laws of 1874, 
entitled 'An act to establish a board of police and fire oommiasioners of 
the city of Utica,'" which was read the first time, and by unanimoas 
consent was also read the second time, and referred to the committee 
on the affairs of cities. 

By unanimous consent, Mr. Rogers asked and obtained leave to intro- 
duce a bill entitled ''An act further to amend chapter 680 of t le Laws 
of 1871, entitled 'An* act in relation to the location and erection of pab- 
lic buildings for the ase of Erie county and the city of Buffalo,* *' which 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the committee on the affairs of cities. 

By unanimous consent, Mr. Woodin asked and obtained leave to intro- 
duce a bill entitled '^An act to authorize the payment of certain moneys 
out of the State Treasury to the heir-at-law, etc., of James Green, 
deceased,*' which was read the first time, and by unanimous consent 
was also read the second time, and referred to the committee on the 
judiciary. 

By unanimous consent, Mr. Hammond asked and obtained leave to 
introduce a bill entitled "An act to confirm the official acts of Hiram J. 
Purdy, a coroner of the county of Seneca, and to enable him to take and 
file his official oath," which was read the first time, and .by unanimous 
consent was also read the second time. 



Digitized by 



Google 



Mascb 17.] 



811 



On motion of Mr. Hammond, and by ananiinoiift consent, the rnles were 
suspended, and said bill was ordered to a third reading, and printed. 

Tlie bill entitled ^^An act in relation to county treasorers," having been 
announced for a third reading, 

Mr. Eennaday moved tliat said bill be recommitted to the committee 
on the judiciary, with instmctions to amend by excepting the county of 
Kings irom the provisions of the bill. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the negative. 

On motion of Mr. Rogers, and by unanimous consent, said bill was 
amended by pdding, at the end of section 6, the following: 

'^ But in any county where any tax shall be collected by such treasu- 
rer, he shall be entitled to retain to his own use all charges and percent* 
ages provided by law for the collection thereof." 

On motion of Mr. Rogers, and by unanimous consent, said bill was 
farther amended, as follows : 

Add to section 5 the following : 

^^It shall be the duty of the board of supervisors to fix the salary of 
any treasurer hereailer elected at least six months before his election, 
and such salary shall not be increased or diminished during his term of 
office." 

On motion of Mr. Coleman, and by unanimous consent, said bill was 
further amended as follows : 

Add to section 5 : ** No county treasurer shall purchase or be directly 
or indirectly interested in the purchase of any claim whatever against 
the county of which he is the treasurer." 

Said hill was then read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor 
thereof, and three-fifths being present, as follows : 



FOB THB NBOATIYB. 



70B THB AtinRMATIYB. 

Bixby Hammond Morrissey Schoonmaker 

Booth Harris Prince Selkres: 

Bradley Lamont Robertson Starbuck 

Cole Loomis • Rogers Vedder 

Coleman McCarthy St. John Wellman 

Doolittle Moore Sayre Woodin 
Gerard 26 

Carpenter 

Orderedy That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The Assembly bill entitled ''An act to authorize the commissioners of 
the sinking fund of the city of New Yor^ to sell at public auction the 
lease of the ferry from Grand street, in the city of New York, to Grand 
street, in the city of Brooklyn," was read a third time. 

The President put the question whether t^e Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of aUthe members elected to the Senate voting in favor thereof, and three- 
' k being present, as follows : 



Digitized by 



Google 



9X2 



[FjMttfT, 



worn THB AFPIBMATITJB* 



Bixby 

Booth 

Carpenter 

Cole 

Doolittle 

Gerard 



Harris 

Jacobs 

Kennaday 

LoomiB 

McCarthy 

Moore 



Morrissey 


Selkreg 


Prinoe 


Starbook 


Robertson 


Vedder 


St. John 


Wellman 


Sayre 


Woodin 


Schoonraaker 





23 



Ordered^ That the Clerk return said bill to the Aasembly, with i^ mes- 
sage informing that the Senate hi^ve concurred in the passage of the aanie, 
with aroendnoents. 

The bill entitled ''An act to repeal chap*^er 030 of the Laws of 1869, 
entitled ^^An act in relation to the openings widening and extending of 
streets, avenues and public places in the city of Kew York,' " was read 
a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the aiBrmative, a majority 
of all the members elected to the Senate voting in favor thereof, and 
three-fifths being present, as follows : 



FOB THB AFFIRMATIVB. 



Bixby 

Booth 

Bradley 

Cole 

Doolittle 

Gerard 



Hammond 


Prinoe 


Selkreg 


Jacobs 


Robertson 


Starbuck 


Kennaday 


Rogers 


Vedder 


Loomis 


St. John 


Wellman 


McCarthy 


Sayre 


Woodin 


Moore 


Schoonraaker 





24 



Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The bill entitled **An act to amend section 7 of chapter 638 of the 
Laws of 1 866, entitled ^An act in relation to the benevolent fund of the 
late volunteer fire department, in the city of New York,' passed April 
17, 1866, as amended oy chapter 962 of the Laws of 1867, and as further 
amended by chapter 207 of the Laws of 1870,^' wsb read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a majority 
of all the members elected to the Senate voting in favor thereof, as 
follows : ^ 



Bixby 

Booth 

Cole 

Coleman 

Doolittle 



FOB T^B 

Gerard 

Jacobs 

Kennaday 

McCarthy 

Moore 



Robertson 


Selkreg 


Rogers 


Starbuck 


St. John 


Vedder 


Sayre 


Wellman 


Schoonmaker 


Woodin 



20 



Ordered^ Tliat the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The Assembly bill entitled ^'An act to amend sections 44 and 48, arti- 
cle 4, title 6, chapter 6, part 1, of the Revised Statutes, relative to the 
removal of county officers,^' was read a third time. 

The President put the qifestion whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
and three-fiflhs being present, as follows : 



Digitized by 



Google 



AlAftClin.l 313 



Bixbv 
Booth 


Doolittle 


Hammond 


Bradley 


Jacobs 


Carpenter 


Eennaday 


Cole 


Loomis 


Coleman 


McCarthy 



FFinaCATIVX. 

Moore 


Schoonmaker 


Prince 


Selkreg 


Robertson 


Starbuck 


Rogers 
St. John 


Vedder 


Woodin 


Say re 


23 



Orderedy That the Clerk return said bill to the Assembly, with 
a message informing that the Senate have concurred in the passage of 
the Bame, with amendments. 

Mr. Kennaday offered the foHowing : 

Ee^olved^ That when the Senate adjourns today, it be to meet on 
Monday evening next at half-past seven o'clock. 

The President put the question whether the Senate would agree to 
^aid resolutiao, and it was decided in the affirmative. 

Mr. Jacobs offered the following : 

£e9olvedy That the judiciary committee be requested to report to the 
Senate whether, in their opinion, tho Legislature can constitutionally 
remove from office officials elected by the people, as is provided in the 
bill now before them reorganizing the board of chnrities of Kings county. 

The President put the question whether the Senate would agree to 
said resolation, and it was decided in the affirmative. 

Mr. Starbuck called from the table the Assembly concurrent re9olution 
in the words following : 

RetolQe(f (if the Senate concur), That a committee, to consist of two 
members of the Senate and three of the Assembly, be appointed to con- 
sider what officers and employees of the two houses may he dispensed 
with, and what reductions may be made in the salaries and per diem 
compensation of others, without hindrance to the public service ; and 
that sarh committee be directed to report their conclusion by bill, on or 
before the 25th of the present month. 

The President put the aujsstion whether the Senate wonlij ^ff^^^ to 
said resolution, and it was decided in the affirmative. 

The President announced as such committee on the part of the Senate 
Messrs. Harris and iStarbuck. 

Ordered^ That the Clerk return said resolution to the Assembly, with 
a mesg2^2re informing that the Senate have concurred in the passage of the 
same, and have appointed a cooimittee thereon. 

Mr. Woodin, from the committee on the affairs of cities^ to which was 
referred the bill entitled ^'An act to further amend chapter 680 of the 
Laws of 1871, entitled *An act in relation to the location and erection 
of public buildings for the use of Erie county and the city of Buffalo,' " 
reported in favor of the passage of the same, with amendments, and said 
bill was committed to the committee of the whole. 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled ^^An act to amend chapter 314, Laws of 18Y4, 
entitled *An act to establish a boafd of police and fire commissioners of 
the city of Utioa,* " reported in favor of the passage of the same, and 
said bill was committed to the committee of the whole. 

Mr. Hammond moved that the Senate hold an executive session at 
half-past twelve o'clock. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. « 



[Sewatb .Toubmal.1 40 ^ ^ ^ ^ 

^ ' Digitized by 



Google 



314 [Friday, 

• The Assembly returned the following entitled bill, with a message 
that they had concurred in the passage of the same. 

"An act to amend section 48 of article 8, title 4, of chapter 7, part 3, 
of the Revised Statutes." 

Ordered^ That the Clerk deliver said bill to the Governor, 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

Assembly, "An act to authorize the supervisor of the town of Has- 
tings, in the county of Oswego, to collect certain highway taxes in said 
county." 

Assembly, "An act to legalize and cofifirm the official acts of Jeffrey 
F. Thomas, as assessor of the town of Sheldon, in the county of Wyom- 
ing, and to enable him to take the oath of office required by the Con- 
stitution." 

Assembly, ^^An act to amend an act entitled *An act to provide for an 
additional supply of water in the city of Albany,' passed March 20, 1868." 

After some time spent therein, the President resumed the chair, and 
Mr. Kennaday, from said committee, reported in favor of the passage of 
the first named bill, which report was agreed to, and the same ordered 
to a third reading. 

On motion of Mr. Doolittle, and by unanimous consent, said bill was 
read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the affirmative, a major- 
ity ot all the members elected to the Senate voting in favor thereof, and 
three-fifths being present, as follows : 

FOR TUB AFFIBMATIYB. 

Bixby . 

Booth 

Bradley 

Carpenter 

Cole 

Coleman 

On motion of Mr. Doolittle, and by unanimous consent, the rules were 
suspended, and the Clerk was ordered to return said bill to the Assem- 
bly^ immediately, with a message inform^ing that the Senate have oon- 
curred in the passage of the same. 

Mr. Kennaday, from the same committee, reported in favor of the pas- 
sage of the second named bill, which report was agreed to, and the same 
ordered to a third reading. 

Mr. Kennaday, from the same committee, reported in favor of the pas- 
sage of the last named bill, with amendments, and the title amended so 
as to read "An act to amend chapter 328 of the Laws of 1878, entitled 
*An act to amend an act entitlea An act to provide for an additional 
supply of water in the city of Albany, passed March 20, 1868,*" which 
report was agreed to, and the same ordered to a third reading. 

On motion of Mr. Cole, and by unanimous consent, the rules were 
suspended and the Assembly bill entitled "An act to authorize the 
common council of the city of Lockport to raise by tax and disburse 
money in rebuilding Washington Hose carriage-house in said city," was 
ordered considered in first committee of the whole. 



Doolittle 


Loomis 


Schoon maker 


Emerson 


McCarthy 


Selkreg 


Gerard 


Moore 


Starbuck 


Harris 


Robertson 


Vedder 


Jacobs 


St. John 


Wellman 


Kennaday 


^ Sayre 


Woodin 24 



Digitized by 



Google 



Uabch17.J 315 

On motion of Mr. Bradlej, and by unanimouR oonsent, the rules were 
Buspended, and the bill entitled ''An act to legalize and confirm the con- 
flolidation of the several railroads and companies now constituting the 
Geneva, Homellsville and Pine Creek Railway Company," was ordered 
considered in first committee of the whole. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 

*'An act to legalize and confirm the consolidation of the several rail- 
roads and companies now oonstitnting the Geneva, Homellsville and 
Pine Creek Railway Company." 

Assembly, "An act to authorize the common council of the city of 
Lockport to raise by tax and disburse money in rebuilding Washington 
bose carriage-house in said city." 

**An act to establish a State board of audit, and tp define its powers 
aod duties." 

After some time spent therein, the President resumed the chair, and 
Mr. Selkreg, from said committee, reported in favor of the passage of 
tbe first named bill, with amendments, Which report was agreed to, and 
tJie aaine ordered engrossed for a third reading. 

Mr. Selkreg, from the same committee, reported in favor of the passage 
of the second named bill, with amendments, which report was agreed to, 
uid the same ordered to a third reading. 

Mr. Selkreg, from the same committee, reported progress on the 
last named bill, and asked and obtamed leave to sit again. 

Mr. Prince moved that the further consideration of said bill be made 
especial order for Tuesday morning next, immediately after reading the 
journal. 

The President put the question whether the Senate would ao^ree to said 
iQotioD, and it was decided in the affirmative, two-thirds of all the mem- 
bers elected to the Senate voting in favor thereof. 

The hoar of twelve o'clock and SO minutes having arrived, the Senate 
vent into executive session ; and, after some time spent therein, the doors 
were opened, and the Senate resumed legislative business. 

On motion of Mr. Cole, and by unanimous consent, the Assembly bill 
entitled ^*Ati act to authorize the common council of the city of Look- 
port to raise by tax and disburse money in rebuilding Washington Hose 
earriage-honse in said city," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
niAJority of all the members elected to the Senate voting in favor thereof, 
>Dd three-fifths being present, as follows : 

FOB THB APFIBMATIYB. 

Bixby 

Booth 

Bradley 

Carpenter 

Cole 

Doolittle 

Oq motion of Mr. Cole, and by unanimous consent, tbe rules were 
(Qspended, and the Clerk was ordered to return said bill to the Assem- 
hiy, immediately, with a message informing that the Senate have con- 
curred in the passage of the same. 

Digitized by VjOOQ IC 



Emerson 


Moore 


Sayre 


Gerard 


Morrissey 


Schoonmaker 


Kennaday 


Prince 


Starbuck 


Lament 


Robertson 


Wellman 


Loo mis 


Rogers 


Woodin 


McCarthy 


St. John 


23 



316 [SJo^bAl^, 

Mr. Vedder, from the special committee appointed to di'Afl f^^6liitions 
relative to the death oi Vice-President Henry Wilson, presenteld tiie 
following: 

Whereas^ On the ^2d day of November, 1876, Hon. Henrjr Wilteon, 
Vice-President of the United States, departed this life ; therefore 

Jiesolved^ That while we bow in isorroMr l>efore this gi'eat public Idaa, 
we are grateful to that Providence which spared him to live so long and 
so worthily for the Union, for liberty, and for humanity. 

liesolvedy That the^e resolutions be entei^ed at large upon the journal 
of the Senate, and, as a further tribute to his memory, the Senate do no^ 
adjourn. C. P. VKDDER, 

H. HARRIS, 
JOHN R. KENNADAY, Commime. 

The President put the question whether the Sennte would agree 
to said report, and it was decided in the affirmative. 
Whereupon the Senate adjourned. 



MONDAY MARCH 20, 1876. 

The Senate met pursuant to adjoummetlt. 

Prayer by the Chaplain. 

The iournal of Friday, March 1 7th, was read and approved. 

Mr. Robertson presented a petition of Frederick Howe and others, 
for the confirmation of a deed from the trustees of the Lewis school 
fund of the town of Lewisboro to Stephen S. Denton ; which was read 
and referred to the committee on the judiciary. 

Mr. Bradley presented a remonstrance of citizens of Corning, against 
the repeal of any provisions of chapter 392 of Laws of 1873, providing 
for the support of Corning library ; which was read and referred to the 
committee on literature. 

Also a petition of residents of the town of Corning, for the repeal of 
said provisions. 

Mr. Carpenter presented two remonstrances of citizens of Barrytown 
Landing and Linlithgow, against a law authorizing the Fishkill and 
Newburgh Railroad Bridge Company to maintain a bridge across the 
Hudson river; which were read and referred to the committee on railroads. 

Mr. Woodin, from the comnittee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as foHo\^s: 

"An act to confirm the official acts of Hiram J. Purdy, a coroner of 
the ootinty of Seneca, and to enable him to tjake and file his official 
oath." . 

"An act to legalize and confirm the consolidation of the several rail- 
roads and companies now constituting the Geneva, Hornellsville lind 
Pine Creek Railway Company." 

The Assembly sent for concurrence the bills entitled as follows : 

"An act to amend chapter 446 of the Laws of 1874, entitled 'An act 
to revise and consolidate the statutes of the State relating to the care 
and custody of the insane, the management of the asylums for their 
treatment and safe-keeping, and the duties of the State Cop*ruissioner in 

Digitized by VjO> 



Mabcb id] . Sl'7 

Lunacy,' ptisBed May 12, 1874/' ifrhich ^m fead the first time, and by 
ananimoi^s dODsent was also read the second tinre, and referred to the 
committee 6h the jadiciafr^. 

"An act to'an^nd chapter 85 bf thie Laws of 1878, entitled *An act 
10 re-enact and amend an act entitled An act to incorpoi^ate the city f»f 
Yonkers,' passed June 1, 1872,'" which was read the fir^ttime, and by 
nnaniffloas consent was also read thte isecbtid time, and referred to die 
committee on the affiiit^ of cities. 

"An act to repeal section 2 6f cfittptef 487 H>f 'the Laws of 1876, enti- 
tled *An act to alter the cotnfmissioners' mnp of 'the city of Brooklyn, 
and for other purposes,* passed June 5, 187B," i^hich wafs Kead the first 
tim^, and by unariiraotis comsetit W^ alao Mid the second time, and 
referred to the committee on the affkirs of cities. 

**An act to amend chapter 461 of the Laws of 1 867, ;Bd titled *An act 
to inodrpoi^ate the villa J^e of May ville, in the town of Chautauqua, oouilty 
of Chautauqua,' passed April I9,'l867," which was read the first time, 
and by unanimous consent was also read the second time, and referred 
to the (stiinmittee on the affliirs of villages. 

''An act to amend an act passed April 18, 1874, entitled 'An act to 
amend an actpassvd April 18, I8S9, entitled An act to -extend the pro* 
miotfs of an act authorizing the imprisonment of persons convicted of 
certain crtmesin the counties of Montgomery and Oneida, in the Albany 
connty penitentiary, passed April 12, 1868, to all the counties in this 
Sute,^" which was read the first time, and by unanimous consent was 
alHo read the second tiriie, and fel^rred to the committee on the 
jndiciai^f. 

"An ict to authorise the board of supervisors of 'Kings county to raise 
money for temporary relief of the out-door poor," which Was read the 
first tittle, and by unanitnous consent was also read the second time, and 
referred to the committee on ihtei-nal affairs. 

"An abt to amend the act <»niitled 'An act creating a board of town 
auditors in the'several towns 6f this 'State, and to prescribe their powers 
and duties,' passed April 29, 1876," Which was read the firnt time, and 
by onanimotts consent was ftl?*o read thesecnd time, and referred to the 
committee on internal affairs. 

"An act to t)rdvfile for the fillrnir ttp Of 'siinken lots in the city of 
Brooklyn," Which Was read thte fiY*st time, and by unanimous consent 
vasalso read the second time, and lieferred to the committer on the 
affairs of dities. 

**An act to amend chapter 36 of the Laws of 1878, entitled 'Ati act to 
provide for a Supply of water in the city of Yonkefrs,' passed February 
28, 1873," which was read the fir*8t time, and by unanimous consent was 
also read the second timo, and tetlsrred to the com(mitt^ on the afikirn 
of cities. 

"An act to 'anthori'ze the sale of a part of the poor-hdrtse farm, so 
called, situate in the town of OsWego; al«o certain land in the city of 
Oswego, known as the public square block," which was rt*ad the tirst 
time, and by unanimous consent was also read the second time, and 
referred to the committee on internal affairs. 

"An act to repeal chapter 88 of the Laws of 1 874, entitled 'An act for 
the diispb^ition of excise moneys and fines for intoxication within the vil- 
lage of Monticello,' passed February 27, 1874," which was read the 
first time, and by unanimous consent was also read the second time, and 
referred to the committee on intcri al affairs. 



Digitized by 



Google 



818 [Monday, 

*'An act to enable the Owego Steamboat Company- to improve the 
navigation of the Susqaehanna river between the village of Owego, in 
the ooanty of Tioga, and the city of Binghamton, in the county of 
Broome," whioh was read the first time, and by unanimous consent was 
also read the second time, and referred to the committee on commerce 
and navigation. 

'^An act to re-appropriate certain moneys in the treasury heretofore 
appropriated for the improvement of the Champlain canal, which was 
read the first time, and by unanimous consent was also read the second 
time, and referred to the committee on canals. 

The Assembly sent for concurrence a resolution in the words following : 

WhereaSy At the annual session of the Legislature for the year 1875, 
a proposed amendment to the Constitution was agreed to by concurrent 
vote of the Senate and Assembly, viz. : 

^^Besolvedy That section 4 of article 5 of the Constitution be amended 
so as to read as follows : 

^'§4. A Superintendent pf State Prisons shall be appointed by 
tlie Governor, by and with the advice and consent of the Senate, and 
hold his office for five years, unless sooner removed; he shall give secu- 
rity in such amount and with such sureties as shall be required by law 
for the faithful discharge of his duties; he shall have the superintend- 
ence, management and control of the State prisons, subject to such laws 
as now exist or may hereafler be enacted ; be shall appoint the agents, 
wardens, physicians and chaplains of the prisons. The agent and 
warden of each prison shall appoint all other oifioers of such prison, 
except th^ clerk, subject to the approval of the same by the Superin- 
tendent. The Comptrnller shall appoint the clerks of the prisons. The 
Superintendent shall have all the powers and perform all the duties not 
inconsistent herewith, which have heretofore been had and performed by 
the Inspectors of State Prisons ; and from and after the time when such 
Superintendent of State Prisons shall have been appointed and qualified, 
the office of Inspector of State Prisons shall be and hereby is abolished. 
The Governor may remove the Superintendent for cause at any time, 

fiving to him a copy of the charges against him, and an opportunity to 
e heard in his defense." 

Andy whereaSy The said proposed amendment was agreed to by a 
majority of all the members elected to each of the two houses of the 
said Legislature, entered in their respective journal;), with the yeas and 
nays taken thereon, and referred to the Legislature to be chosen at the 
then next general election of Senators ; 

Andy whereoiy Such general election has taken place, and said pro- 
posed amendment was duly published for three months previous to the 
time of making such choice, in pursuance of the provisions of section 1 
of article 1 3 of the Constitution ; therefore, 

Hesolved (if the Senate concur). That the said amendment be agreed 
to by the two houses comprising the present Legislature. 

Mr. Woodin moved that said resolution be referred to the committee 
on the judiciary. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the afiirmative. 

By unanimous consent, Mr. Gerard asked and obtained leave to intro- 
duce a bill entitled ''An act to amend an act entitled 'An act to secure 
to children the benefits of an elementary education,' passed May 11, 



Digitized by 



Google 



March 20.] 



819 



1874,*' which was read the first time, and by ananimons conseot was also 
read the second time, and referred to the committee on literature. 

By onaDimous consent, Mr. Bixby asked and obtained leave to intro- 
duce a bill entitled **Anact to amend an act entitled *An act to author- 
ize the construction ot a railway and tracks in the towns of West Farms 
find Morrisania,' passed May 2, 1803," which was read the first time, and 
by uaaoimons connent was also read the second time, and referred to the 
committee on railroads. 

By ananimoas consent, Mr. Robertson asked and obtained leave to 
introduce a bill entitled '*An act to confirm a deed from the trustees of 
the Lewis School Fund, in the town of Lewisboro, iu the county of 
Westchester, to Stephen S. Denton," which was read tlie first time, and 
by nnanimous consent was also read the second time, and referred to the 
committee on the judiciary. 

The bill entitled "An act to confirm the official acts of Hiram J. Purd^, 
a coroner of the county of Seneca, and to enable him to take and file his 
official oath," was read a third time. 

The President put the question whether the Senate would agree to the 
final passage of said bill, and it was decided in the afiirmative, a majority of 
all the members elected to the Senate voting in favor thereof, and three- 
fifths being present, as follows : 

VOB ^HB AFFIRM ATI vs. 

Baaden 

Bixby 

Booth 

Bradley 

Carpenter 

Cole 

* 

Orderedy That the Clerk deliver said bill to the Assembly, and 
reqaest their concurrence therein. 

The bill entitled *'An act to legalize and confirm the consolidation of 
the several railroads and companies now constituting the Geneva, Hor- 
Dellsviile and Pine Creek Railway Company," was read a third time. 

The President put the q^uestion whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 
majority of all the members elected to the Senate voting in favor thereof, 
as follows : 

FOB TH£ AFFIRM ATITE. 



Coleman 


Loomis 


Sayre 


Doolittle 


McCarthy 


Schoonmaker 


Gerard 


Moore 


Selkreg 


Hammond 


Robertson 


Starbnck 


Harris 


Rogers 


Vedder 


Lament 


St. John 


Woodin 24 



Baaden 


Doolittle 


Moore 


Schoonmaker 


Bixby 
Booth 


Gerard 


Robertson 


Seikreg 


Harris 


. Rogers 


Starbnck 


Bradley 


Loomis 


St. John 


Vedder 


Carpenter 


McCarthy 


bayre . 


Woodin 


Coleman 









21 

Ordered^ That the Clerk deliver said bill to the Assembly, and request 
their concurrence therein. 

The Assembly bUl entitled '*An act to amend an act entitled *An act 
to provide for an additional supply of water in the city of Albany,* 
passed March 20, 1868," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the affirmative, a 



Digitized by 



Google 



^20 



[Monday, Maboh Sa] 



majority of all the memberB elected to the Senate voting in &vor thereof, 
and three-fifths being |>re8ea(, as follows : 



FOR THE APFIRMATITE. 



Baaden 

Bixby 

Booth 

Bradley 

Cole 

Coleman 



DoolUUe 


M^sCarthy 


Qerard 


Moore 


Hammond 


Robertson 


Harris 


Rogers 


Lament 


St. John 


Loomis 


Sayre 



Scboonmak^T 

Selkreg 

Sti^rbi^ck 

Vedder 

Wpodia 



23 



Coleman 


Loomis 


Sayre 
Schoon maker 


Doolittle 


McCarthy 


Gerard 


Moore 


Selkreg 


Hammond 


Robertson 


Starbuok 


Harris 


Rogers 


Vedder 


Lamont 


St. John 


Woodin 24 



Ordered^ That the Clerk retnrn said bill to the Assembly, with 
a message informing that the Senate have oonourred in the passage of 
th€ same. 

The Assembly bill entitled "An act to legalize and confirm the official 
acts of Jeffrey F. Thomas as assessor of the town of Sheldon, in the 
coanty of Wyoming, and to enable him to take the oath of office 
reqaired by the ConKtitntion," was read a third time. 

The President put the question whether the Senate would agree to 
the final passage of said bill, and it was decided in the afiirmative, a 
majority of all the member:^ elected to the Senate voting in favor thereof, 
and three-fifths being present, as follows : 

FOB TH8 AFFIB¥ATIVB. 

Baaden 

Bixby 

Booth 

Bradley 

Carpenter 

Cole 

Ordered^ That the Clerk return said bill to the Assembly, with 
a message informing that the Senate have oonourred in tlie passage of 
the same, with amendments. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the couKideration of general orders, being the bills and 
concurrent resolution entitled as follows : 

''An act to amend chapter 446 of the Laws of 1800, entitled 'An act 
for the protection of boarding-house keepers.' *' 

Assembly, "An act in relation to wills of personal estate.'* 

Resolved (if the Assembly concur). That the sixth article of the Con- 
stitution of the State be amended, by adding thereto the following sec- 
tion : 

" Sbotion 29. On the first day of January, 1879, the court of com- 
mon pleas for the city of New York, and the superior court of the 
city of New Tork, shall cease to exist, and all the jurisdiction of said 
courts shall vest in, and all the judges of said courts then in office shall 
become justices of the supreme court ; and any judicial power as a coanty 
jud.i^e, and any other special auLhority and jurisdiction now vested in 
either of the courts hereby abolished, or in any or either of the judges 
thereof shall vest in the justices of the supreme court for the first depart- 
ment, and thereupon the judges so transferred shall hold their places for the 
remainder of the respective terms for which they shall have been chosen 
or appointed, and suits, actions, appeals, motions, and ppoceedings then 
pending in the courts so abolished, shall be and become immediately 



Digitized by 



Google 



[TasBDAV, Mabch 21.1 821 

tninsferred to the sapreme court for the 6rst department, witfaont preju- 
dice to aoy undertaking, bond, pleading, deposition, or other entry or 
proceeding previously had therein ; and thereafter there shall be seven- 
teeu justices of the t«upreroe court for the firHt department (which shall 
coDsist of the city and county of New York), cnosen or appointed as 
provided by the Constitution of the State, and the salaries of all said 
instices, except five, shall be provided for and paid by the city of New 
York. The general term of the tirst department shall hereafter consist 
of five justices, of whom three may constitute a quorum, all of whom 
shall be designated in the manner in which general term justices are now, 
or shall hereafter be authorized by law to be designated." 

lUsolved (if the Assembly concur). That the foregoing amendment 
be referred to the Legislature to be chosen at the next general election 
of Senators; and that, in conformity to section first of article thirteenth 
of the Constitution, it be published for three months previous to the 
time of such election. 

Afier some time spent therein the President resumed the chair, and 
Mr. Yedder, from said committee, reported progress on the said bills, and 
asked and obtained leave to sit again. 

Mr. Yedder, from the same committee, reported adversely to the 
adoption of said resolution. 

The President put the question whether the Senate would agree to 
said report, and it was decided in the afiirmative. 

Said resolution was rejected. 

On motion of Mr. Doolittle, the Senate adjourned. 



TUESDAY, MARCH 21, 187«- 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

The President presented a communication and documents from Board 
of Education of the city of New York, relative to certain amendments 
to the act to secure to children the benefits of an elementary education, 
passed May 11, 1874, which was laid upon the table and ordered printed. 

(See Doc. No. 67.) 

Also, the proceedings of the canal board relative to the adoption of 
atoll sheet for the year 1876, which was laid upon the tmble and ordered 
printed. 

{See Doe. No. 68.) 

The Assembly returned the following entitled bills, with a message that 
they had concurred in the amendments of the Senate thereto ; 

''Ad act to amend chapter 828 of the Laws of 1878, entitled ^An act 
to amend an act entitled An act to provide for an additional supply of 
water in the city of Albany, passed March 20, 1868.' '* 

"An act to authorize the commissioners of the sinking fund of the city 
of New York to sell at public auction the lease of the ferry from Grand 
rtreet,iD the city of New York, to Grand street, in the city of Brooklyn. 
[Senatb Journal.] 41 r~^ a 

Digitized by VjOOQ IC 



822 [TVIWDAT, 

^*An act to authonKe the common council of the city of Lookport to 
raise by tax and disbarse money in rebailding Washington Hose oar- 
riage^honse in said city." 

*'An act to amend sectiona 44 and 48 of article 4, title S, chapter 5, 
part 1, of the Revised IStatutes, relative to removal of coiiAty officera." 

Ord&redy That the Clerk return said bills to the Assembly. 

The Assembly returned the following entitled bill, with a message that 
they had concurred in the passage of the flame: 

'^An act to confirm the official acts of Hiram J. Purdy, a coroner of 
the oontity of Beneca, and to enable him to take and file his official oath/' 

Ordered^ That the Clerk deliver said bill to the Governor. 

Mr. Robertson, fVom the committee on the judiciary, to which was 
referred the bill entitled ^^An act to authorize the overseer and assistant 
overseer of the poor in the city of Syracuse to administer oaths and take 
affidavits in certain cases/' reported in favor of the passage of the same, 
and said bill was committed to the committee of the whole. 

Mr. Carpenter,. from the committee on the affairs of villages, to which 
was i*eferred the bill entitled "An act to amend chapter 573 of the Laws 
of 1871, entitled 'An act to authorise the construction of sewers in the 
village of Saratoga Springs,' passed April 21, 1871," reported in favor 
of the passage of the same, with the title amended so an to read **An 
act to amend chapter 673 of the Laws of 1871, entitled 'An act to 
authorize the constraction of sewers in the village and town of Saratoga 
Springs,' " and said bill was committed to the committee of the whole. 

Mr. Harris presented the following report: 

To the Legislature: 

Tour committee of conference, to which was referred the matters of 
diiference between the two Houses, apon Assembly bill entitled '^An act 
making appropriations for sapport of government," beg leave respeot- 
ftilly to report : 

That they met and liave dulv considered the matters referred to them 
and have agreed to recommend ttiat the Assembly do concur in the fol- 
lowing amendments to the bill as now proposed by the Senate, viz.: 
(reference in all cases being made to engrossed bill.) 

Strike out in lines 18, 19 and 20, on page 1, the following, ^^ pursuant 
to chapter six hundred and tbrty-Chree ot the Laws of eighteen hundred 
and seventy-three." 

In lines 23 and 24, same page, the following, *' pursuant to chapter three 
hundred and seven ty -three of tne Laws of eighteen hundred and seventy- 
five" 

In lines 26 and 26, same page, the following, *' Revised Statutes, 
volume one, page five hundred and nine." 

In line 28, same page, the following, ^' Revised Statutes, volume one, 
page five hundred and nine." 

In lines 31 and 33, same page, the following, *' Revised Statutes, 
volume one, page five hundred and nine." 

In lines 5, 0, 7 and 8, page 2, the following, '^ pursuant to chapter two 
hundred and three of the Laws of eighteen hundred and seveutj, and 
chapter seven hundred and eighteen of the Laws of eighteen huadred 
and seventy-one." 

In lines 9, 10, 11 and 12, same page, the following '* pursuant to chap- 
ter five hundred and forty-one of the Laws of eighteen hundred and 
seventy-two." 



Digitized by 



Google 



MiBCH 21.] 323 

lo lines 12, 18 and 14, same page, the following, '^ purauant to ohapter 
seven hundred and eighteen of the LawQ of eighteen hundred and 
seyenty-one." 

In linee 15, 16 and 17, same page, the following, ^'parsuant to chapter 
five hundred and forty-one of the Laws of eighteen Tiundred and sev- 
enty-two." 

In lines 18 and 19, same page, the following, ^^parsuant to chapter five 
hundred and forty-two of the Laws of eighteen hundred and seventy* 
twa" 

In lines 28 and 24, same page, the following, ^^ pursuant to chapter six 
hundred and forty-five of the Laws of eighteen hundred and sixty-nine." 
In lines 25 and 2<^, same page, the following, ^' pursaant to chapter two 
hundred and thirty-eight of the Laws of eighteen hundred and seventy- 
one.** 

In lines 81, 82 and 83, same page, the following, ^* pursuant to chapter 
four hundred and eight of the Laws of eighteen hundred and seventy, and 
chapter four hundred and forty-one of the Laws of eighteen hundred and 
Beventy-two.'' 

In lines 3 and 4, page 3, the following, *^ pursuant to chapter four hun- 
dred and eight of the Laws of eighteen hundred and seventy." 

hi lines 7, 8 and 9, same page, the following, " pursuant to chapter one 
hundred and forty-five of the Laws of eighteen hundred and seventy- 
five." 

Id lines 10, 11 and 12, same page, the following, ^' pursuant to chapter 
five hundred and forty-one of the Laws of eighteen hundred and sev- 
enty-two.'* 

Id lines 14 and 16, same page, the following, "pursuant to chapter 
five hundred and forty-one of the Laws of eighteen hundred and sev- 
eDly-two." 

, In lines 19 and 20, same page, the following, "pursuant to chapter 
six hundred and forty-fire of the Laws of eighteen hundred and sixty- 
Dine." 

In lines 24 and 25, same page, the following, " Revised Statutes, vol- 
Dme three, page nine hundred and thirty.** 

In lines 27 and 28, same page, the following, " Revised Statutes, vol- 
ume one, page four hundred and eighty-nine." 

In lines 29, 30 and 3 1 , same page, the following, " pursuant to part 
one, chapter eight, title ^ve, nection six, of the Revised Statutes." 

In lines 35 and 36, sume page, and line 1, page 4, the following, " pur- 
suant to chapter one hundred and forty-five of the Laws of eighteen hun- 
dred and s**venty-five." 

Id lines 4, 5 and 6, page 4, the following, " pursuant to chapter five 
hundred and forty-one or the Laws of eighteen hundred and seventy- 

In lines 16, 17 and 18, same pace, the following, " pursuant to chapter 
one hundred and forty-five of the Laws of eighteen hundred and seventy- 
Jo lines 19 and 20, same page, the following, " Revised Statutes, 
volume one, page five hundred and five." 

. In lines 22, 23 and 24, same page, the following, " pursuant to chapter 
«x hundred and forty-three ot the Laws of eifimteen hundred and sev- 
enty-three." • 

I'Uines 32 and 38, same page, the following, " pursuant to chapter two 
Dttndred and eighty of the Laws of eighteen hundred and sixty-four.". 

Digitized by VjOOQIC 



324 [TuXftDAT, 

In liDes 13, 14 and 15, page 5, the following, ** pursuant to chapter 
four hundred and forty-two of the Laws of eighteen hundred and seventy- 
two." 

In lines 17 and 18, same page, the following, " pursuant to chapter five 
hundred and forty-one of the Laws of eighteen hundred and seventy-two." 

In lines 20, 21 and 22, same page, the following, *' pursuant to chapter 
six hundred and forty-five of the Laws of eighteen hundred and sixty- 
nine.'* 

In lines 26 and 27, 8ame page, the following, '* pursuant to chapter 
five hundred and sixty-seven of the Laws of eighteen hundred and sev- 
enty-five." 

In lines 28 and 29, same page, the following *' pursuant to chapter five 
hundred and forty-one of the Laws of eighteen hundred and seventy-two.'* 

In line 35, same page, and in lines 1 and 2, page 6, the lollowing, 
'' pursuant to part one, chapter fifteen, title two, section eleven of the 
Revised Statutes, and chapter five hundred and fifty-five of the Laws of 
eighteen hundred and sixty-four." 

In lines 4, 5 and 6, page 6, the following, *^ pursuant to chapter three 
hundred and seventy-three of the Laws of eighteen hundred ana seventy- 
five, for salaries." 

In lines 9 and 10, same page, the following, ^' pursuant to chapter five 
hundred and forty-one of the Laws of eighteen hundred and seventy- 
two." 

In lines 17 and 18, same page, the following, *' pursuant to chapter 
three hundred and ninety-eight of the Laws of eighteen hundred and 
seventy-four." 

In lines 83, 84 and 85, same page, the following, ** pursuant to chapter 
five hundred and forty-one of the Laws of eighteen hundred and seventy- 
two." 

In lines 2, 8 and 4, page 7, the following, *^ pursuant to chapter two 
hundred and eighty ot the Laws of eighteen hundred and sixty-four.*' 

In lines 17 and 18, same page, the following, ** Revised Statutes, vol- 
ume two, page five hundred and ninety." 

In lines 38, 84, 85 and 36, same page, the following, ^' pursuant to chap- 
ter three hundred and twenty-six of the Laws of eighteen hundred and 
sixty-one, and chapter seven hundred and thirty-two. Laws of eighteen 
hundred and sixty-eight" 

In lineff 15, 16 and 17, page 8, the following, '* pursuant to chapter 
three hundred and fifty-one of the Laws of eighteen hundred and 
seventy-four." 

In hues 21, 22, 28 and 24, same page, the following *' pursuant to 
Revised Statutes, volume two, page four hundred and sixty-seven, and 
chapter five hundred and forty-seven of the Laws of eighteen hundred 
and sixty-six." 

In line 7, page 9, the following, ** Revised Statutes, volume one,^page 
four hundred and eighty." 

In lines 14 and 15, same page, the following, ^* pursuant to chapter 
seven hundred and thirty-three of the Laws of eighteen hundred and 
seventy-two." 

In lines 22 and 23, same page, the following, *' pursuant to chapter six 
hundred and forty-three of the Laws of eighteen hundred and seventy- 
three." 

In lines 3, 4 and 5, page 10, the following, *' pursuant to chapter five 
hundred and forty-one of the Laws of eighteen hundred and seventy-two," 

Digitized by VjOOQ IC 



MABCH21.] 825 

In lines 1 and 8, same page, the following, ^* per chapter five hundred 
and forty-one of the Laws of eighteen hundred and seventy-two." 

In lines 10, 11 and 12, same page, the following, '* pursuant to chap- 
ter five hundred and forty-one of the Laws of eighteen hundred and 
Beventj-two." . 

In lines 80, 81 and 82, same page, the following, ^* pursuant to chap- 
ter five hundred and fourteen of the Laws of eighteen hundred and 
seventy-two," 

In lines 1, 2 and 8, page 11, the following, ** pursuant to chapter five 
handred and fifty-seven of the Laws of eighteen hundred and seventy." 

In lines 17, 18, 19, 20 and 21, page 12, the following, ^'pursuant to 
chapter twenty-four of the Laws of eighteen hundred and forty-six, and 
chapter two hundred and forty. Laws of eighteen hundred and foity- 
leven, and chapter two hundred and fifty-four of the Laws of eighteen . 
hundred and forty-seven." 

In lines 83, 84, 85 and 88, same page, the following, ** pursuant to 
Revised Stntutes, volume one, page five hundred and six, and chapter 
one hundred and forty-five of the Laws of eighteen hundred and seventy- 
fivp." 

Id lines 8, 9 and 10, p^e 18, the following, ^^ pursuant to chapter two 
handred and eighty-two of the Laws of eighteen nund red and sixty-one." 

In lines 20 and 27, same page, the following, '4n pursuance of chapter 
four hundred and sixty-five. Laws of eighteen hundred and sixty-three." 

In lines 8 and 4, page 14, the following, '^pursuant to chapter one 
handred and thirty of the Laws of eighteen hundred and fifty-eight." 

In lines 8, 9 and 10, same page, the following, '* pursuant to chapter 
one handred and thirty-five of the Laws of eighteen hundred and forty- 
two, chapter five hundred and ninety-five of the Laws of eighteen hun- 
dred and sixty-seven, and chapter five hundred and eighty-seven of the 
Laws of eighteen hundred and seven tv-three." 

In lines 14 and 15, same page, the following, ** pursuant to chapter two 
hundred snd six. Laws of eighteen hundred and fifty-eight." 

In lines 17, 18, 19, 20 and 21, same page, the following, *' pursuant to 
chapter two hundred and twenty-eight of the Laws of eighteen hundred 
and forty-three, chapter three hundred, and seventy-six of the Laws of 
eighteen hundred and fifty-one, and chapter two hundred afid eighty-one 
of the Laws of eighteen hundred and seventy." 

In lines 29, 80, 31, page 14, the following, <* pursuant to chapter two 
handred and thirty-three of the Laws of eighteen hundred and fifty- 
Beven, and chapter seventy-three of the Laws of eighteen hundred and 
fifty-eight." 

In lilies 33, 84 and 35, same page, the following, ** pursuant to chap- 
ter three hundred and twenty-five of the Laws of eighteen hundred and 
Bixty-one." 

In line 86, same page, and lines 1 and 2, page 15, the following, 
^ parsuant to chapter one hundred and fifty of the Laws of eighteen 
hundred and forty-five," 

In lines 5, A, 7 and 8, pa^e 15, the following, ^^ pursuant to chapter 
eight hundred and thirty-nine of the Laws of eighteen hundred and 
ftixty-seven, and chapter six hundred and forty-three of the Laws of 
eighteen hundred and seventy-three." 

In lines 4, 5 and 6, page 16, the following, ** pursuant. to section thirty- 
six of chapter three hundred and forty-six of the Laws of eighteen hun- 
dred and tifty-nine." 

Digitized by VjOOQ IC 



82a 

In lines 10 and 11, same page, the following, ^^puraaant to chapter 
eighty of the Lawri of eighteen hundred and seventy, and the aots amend- 
atory thereof." 

In lines 16, 17, 1 8 and 19, same page, t^e following, ** pnrsuant to chap- 
ter two hundred and eight of the Laws of eighteen hundred and forty- 
eight, and chapter thirty-seven of the Laws of eighteen hundred and fifty." 

In lines 31 and 32, same page, the following, "pnrsnant to chapter 
two hundred and fifty-four of the Laws of eighteen hundred and ibrty- 
seven." 

In lines 22 and 28, page 17, the following, ^^Kevised Statutes, vohtBic 
one, page five hundrea and forty-ooa" 

In lines 25 and 26, same page, the followine, ^Revised Statvtea, 
volume one, page four hundred and seventy-nine. 

In lines 30, 81 an<l 32, same page, t)>e following^, **paraaant to chap- 
Xer five hundred and thirty-six of the Laws of eighteen hundred aad 
thirty-six." 

In lines 1, 2 apd 3, page 18, the following, ^'pursuant to chapter two 
hundred of the Laws of eighteen hundred and sixty-six." 

In lines 5, 6 and 7, same page, the following, " pursuant to chapter 
three hundred^ and twenty-nine of the Laws of eighteen hundred and 
thirty-nine." 

In lines 24 and 25, same page, the following, ^^ pursuant to chapter 
ninety-seven of the Laws of eighteen hundred and fifly-two." 

In lineK 32 and 38, same page, the following, ^ pursuant to chapter one 
hundred and eighty of the Laws of eighteen hundred and seventy." 

In lines 4, 5, 6 and 7, page 19, the following, ^ pursuant to chapter six 
hundred and seventy of the Laws of eighteen hundred and sirventy-two, 
and chapter five hundred and fifty-five of the Laws of eighteen hundred 
and sixty-four." 

In lines 31, 32, 33, 34 and 35, page 20, the following, *Mn pursuance of 
chapter nix hundred and sixty-one of the Laws of eighteen hundred and 
seventy-three, and chapter four hundred and sixty-four of the Laws of 
eighteen hundred and seventy-four." 

In lines 9, 10 and 11, page 22, the following, ** Revised Statutes, volame 
one, page five hundred and thirty-eight." 

In lines 13, 14 and 15, same page, the following, *^ pursuant to chapter 
seventy-one of the Laws of eighteen hundred and fifty-six." 

In lines 18, 19 and 20, same page, the following, *^ pursuant to chapter 
four hundred and fifty-seven, of the Law8 of eighteen hundred and thirty- 
six." 

In lines 22 and 23, same page, the following, ** Revised Statutes, vol- 
ume one, page four hundred and ninety-six." 

In lines 25 and 26, same page, the following, *' Revised Statutes, vol- 
ume one, page five huTidred and fifty-four." 

In lines 30, 31 and 32, same page, the following, ''pursuant to chapter 
two hundred and thirty-seven of the Laws of eighteen hundred and 
thirty-eight." 

In line 36, same page, and in line 1, page 23, the following, '' Revised 
Statutes, volume two, page seventy-two." 

In linAS 5, 6 and 7, page 23, the following, '' pursuant to chapter one 
hundred and fifty of the Laws of eighteen hnndred and thirty-seven.'* 

In lines 1 1, 12 and 13, same page, the following, ''pursuant to chapter 
two hundred and thirty-seven of the Laws of eighteen hundred and 
thirty- ight" 

Digitized by VjOOQ IC 



Mabcb 21.] 827 

In lines 16 and 16, same paj^e, ^^^ following, ** pni^uant to chapter one 
hundred and seventy-nine of the Laws of eii^hteen hundred and fifty-six.'' 

Id lines 18, 19 and 20, same page, the following, "pursuant to chapter 
two hundred and thirty-seven of the Laws of eighteen hundred and 
thirty-eight." 

In Imes 27, 28 and' 29, same page, the following, " pursuant to chapter 
two hundred and thirty-five of the Laws of eighteen hundred and fifty- 
two.** 

In lines 81 and 32, name page, the following, ^Revised Statutes, vol- 
ume one, page four hundred and seventy-ttine." 

In lines 2, 3, 4 and 5, page 24, the following, ^ incurred in pursuance 
of chapters two hundred and twenty-six and three hundred and twenty- 
five of the Laws of eighteen hundred and ftixty-five." 

In lines 11, 12 and 13, same page, the followinsr, ** pursuant to chapter 
live hundred and eighty-five of the Laws of eighteen hundred and sixty- 
five." 

In lines 17, 18 and 19, same page, the following, *' pursuant to chapiter 
five hundred and fifty-four of the Laws of eighteen hundred and sixty- 
eight.** 

In lines 28, 29 and 30, same page, the following, ^' pursuant to chapter 
HX hundred and forty-three of the Laws of eighteen hundred and sixty- 
seven.** 

Insert at the end of line 11, on page 2, the following, **and two 
thousand dollars for clerk hire.** 

Insert after line 20, same page, the following, ^for the meHsenger to 
th« clerk of the court of appeals, and the State Engineer and Surveyor 
(the ffame messenger), for his annual salary, eight hundred dollars." 

Id lines 9 and 10, page 4, strike out the words "eight hundred," and 
insert the words *' one ihonsand.** 

Insert, at the end of line 29, page 6, the words ** five hundred.** 

In line 21, page 6, strike out the word "one" and insert the word 
••two,** and strike out the word "eight" and insert the word "five." 

Afler line 17, page 8, insert the following: *• Quarantine Commission- 
ers — for the Commissioners of Quarantine, for salaries to each of them, 
two thousand five hundred dollars." 

In lines 22 to 29, inclusive, on page 12, strike out the following : *^ In 
the paper in each 8enate district having the largest average circulation 
for the current year, that fact to be <letermined upon the affidavit of the 
publishers of the several papers published in such district, to be furnished 
to the Secretary of State on the first day of Decenrber, but in no other 
paper whatever than such one paper in each Senate district," and insert 
the following, ** only in the State paper, at the public expense." 

Insert, immediately preceding linii 29, on page IV, the following: 

"To the trujttees of Washington's headquarters, at Newburgh, for 
compensation nf superintendent, and for care, maintenance, repairs and 
improvement of grounds, the snm of one thousand dollars." 

In line 2, page 19, strike out the word " thirty," and insert the word 
" forty." 

In line 7, page 19, before the word ^thousand," insert the word 
"twelve." 

In line 27, page 19, strike, out the word "fifty," and insert the word 
"eigrhty." 

In line 28, same page, strike out the words ** forty-five," and insert the 
words '' fifty-four." 



Digitized by 



Google 



8'i8 (TUBBDAT, 

In line 2, page 20, strike oat the word *' forly,^' and insert the word 
** fifty-five." 

After line 15, same page, insert the following: 

*' STATE HOM(BOPATI|IC ASYLUM. 

« ''For the State HomcBopathic Asylum for the Insane, for salaries, eight 
thousand dollars, or so much thereof as may be necessary, and as the 
same may be approved by the Governor, Secretary of State and Comp- 
troller, pursuant to chapter three hundred and twenty-three of the Laws 
of eighteen hundred and seventy-four/' 

In line 21, page 20, strike out the words *' board of,'* and insert the 
wordM '^ Commissioners of Public." 

From lines 22, 23, 24 and 2^, same page, transpose the following, so 
as to follow line SO, same page. 

*' For the salary of tlie State Commissioner in Lunacy, four thousand 
dollarn, and for traveling and other incidental necessary expenses of 
said commissioner, one thousand dollars, or so much thereof as may be 
necessary." 

On line 7, page 22, insert the following, *' payable from the school 
fund." 

From line 5 to Id inclusive, page 7, transpose the following : ^' For 
James Hall, as State Geologist, as compensation for services to be ren- 
dered for authorship, superintendence of drawings and engra vines, for 
clerk hire and the use of working rooms for the arranging, labeling 
and distribution of the duplicate fossils and minerals, as the same may be 
fixed by the Lieutenant-Governor, Comptroller and Secretary of State, 

Eursuant to chapter seven hundred and fifteen of the Laws of eighteen 
undred and seventy-one, two thousand five hundred dollars" so as to 
follow line 16, page 10, and amend the same so as to read as follows: 

*^For James Hi^), as State Geologist, as compensation for services to 
be rendered for authorship, superintendance of drawings and engravings, 
for clerk hire and the use of working rooms for the arranging, labeling 
and distribution of the duplicate fossils and minerals, as the same may 
be fixed by the Lieutenant-Governor, Comptroller and Secretary of 
State, two thousand five hundred dollars." 

In line S5, page 16, strike out the following, ^^Inspectors of gas-meters." 

From line 36, page 16, to line 14, page 17, inclusive,. transpose. the 
following : 

**For inspectors of gas-meters, for salary and contingent expenses, 
pursuant to chapter one hundred and sixteen of the Laws of eighteen 
hundred and sixty, and to the conditions and requirementH imposed by 
chapter one hundred and thirty-five of the Laws of eighteen hundred 
and sixty-three, two thousand iive hundred dollars, or so much thereof 
as may be necessary to pay the present inspector of gas-meters his. salary 
to the end of his term of ofSce, which amount shall be refunded to the 
treasury by the several gas-light companies, pursuant to chapter three 
hundred and eleven of the Laws of eighteen hundred and fitly-nine, but 
no payment shall be made by the comptroller upon such salary and 
expenses, until an amount equal to such payments shall be received by 
him from gas companies or some of them." 

So as to follow line 28, page 17. 

And your committee have further agreed to recommend that the 
Assembly do concur in the following amendment proposed by the 
Senate) : 



I 



Digitized by 



Google 



Mabcb 21.] 329 

"For the arbitrator of the court of arbitration of the Chamber of Com* 
merce, for salary, ten thousand dollars ; and for the clerk of snld courts 
for salary, three thousand dollars, which amount shall be refunded to the 
treasury, as provided in section twenty-nine ot chapter four hundred and 
ninety-tive of the Laws of eighteen hundred and seventy-five ; but no 
payment shall be made for such salaries, under this or anv former apprO' 
priation, until an amount equal to such payment shall oe receivea into 
the State treasury from the fees collected by the clerk of said court, as 
provided in said act." 

As amended in conference so as to read a» follows : 

" So much of the amount under any former appropriation appropriated 
to pav the salaries of the arbitrator of the c^urt of arbitration of the 
Chamber of Commerce of the State of New York, and of the clerk of 
said court, as shall not be paid into the Treasury of the State from the 
moneys received by the clerk of said court for fees and paid over to the 
Treasurer, shall be paid by the mayor, aldermen and commonalty of the 
city of New* York, and shall be paid b^ the comptroller of said city, 
and the board of estimate and apportionment shall appropriate the 
amoant necessary to pay the same ; and hereafter all of such salaries, as 
fixed by section six, chapter four hundred and ninety-five, of the Laws 
of eighteen hundred ana seventy-five, not paid into the Treasury of the 
State, from fees, under section twenty-nine of said chapter four hundred 
and ninety-five, shall be paid by the mayor, aldermen and commonalty 
of the city of New York to said arbitrator and said clerk, and shall be 
paid by the comptroller of said city, and the board of estimate and 
apportionment shall approprittbe annually the amount necessary to pay 
the same." 

And your conrmiitee have further agreed to recommend that the Sen- 
ate do recede from the following amendments to the bill, as proposed in 
the Senate, viz. : 

Strike out lines 12 and 13, page 8, as follows: ^'For expenses inci- 
dental to holding examinations for State certificates*, five hundred dollars.** 

Insert, after line 28, page 17, the following: 

*' For the compensation of the keeper of Washington's headquarters, 
three hundred dollars, as provided by chapter three hundred and seventy- 
three of the Laws of eighteen hundred and seventy-five.'* 

And your committee have further agreed to recommend that the Sen- 
ate do recede from the following amendment, from the bill as proposed 
in the Senate, viz. : 

Strike out lines from 29 to 36 inclusive, as follows : 

^ For the salaries and allowances of the treasurer and resident officers of 
the State Inebriate Asylum, six thousand dollars, or so much thereof as 
the managers of that asylum shall determine to be necessary, subject to 
the approval of the Comptroller, pursuant to chapter six hundred and 
twenty-five of the Laws of eighteen hundred and seventy-three, and for 
expenses of said ofiicers, six hundred dollars." 

And that the Senate do concur in the same as amended in conference, 
80 as to read as follows : 

"For the salaries and allowances of the treasurer and resident officers 
of the State Inebriate Asylum, six thousand dollars, or so much thereof 
as the managers of that asylum shall determine to be necessary, subject 
to the approval of the Oomptroller, pursuant to chapter 625 of the 

[SK!rATB JOUBNAL.] 42 



Digitized by 



Google 



330 [TuBftDAT, 

Laws of 1873, and for traveling expenses of the trustees thereof six 
hundred dollars." 

So that the bill complete, as agreed to by your committee of confer- 
ence, shall read as follows : 

An Act making appropriations for the support of government. 

The People of the State of Nevi York^ represented in Senate and 
Assembly^ do enact as follows ': 

Section 1. The several amounts named in this act are hereby appro- 
priated and authorized to be paid, from the several funds indicated, to 
the respective public officers, and ifor the several purposes specified, for 
the fiscal year beginning on the first day of October, in the year eighieeu 
hundred and seventy-six, namely : 

FROM THE GBNBBAL FUND BXECUTTYE DEPABTMBNT. 

For the Governor, for salary, ten thousand dollars. 

For the Lieuienant-Governor, for salary, five thousand dollars. 

For the private secretary of the Governor, for salary, three thousand 
five hundred dollars. 

For the clerks and messengers in the executive department, includ- 
ing the military secretary and messenger, fqr full compensation, eleven 
thousand five hundred dollars. 

For the executive department, for furniture, blank and other books 
necessary fof the use of the department, binding, blanks, printing, sta- 
tionery, telegraphing and other incidental expenses, two thoasaod five 
hundred dollars. 

For the executive department, for the* apprehension of criminals, one 
thousand dollars. 

For the executive department, for the apprehension of fugitives from 
justice (Revised Statutes, volume one, page five hundred and nine), one 
thousand dollars. 

For the rent of the Governor's house, four thousand dollars. 

JUDICIARY — COURT OF APPBAL8. 

• 

For the judges of the court of appeals, for salaries and expenses, 
sixty-three thousand five hundred dollars. 

For the State reporter, for salary, five thousand dollars, and two thou- 
sand dollars for clerk hire. 

For the clerk of the court of appeals, for salary, five thousand dollars. 

For the deputy clerk of the court of appeals, for salary, three thou- 
sand dollars. 

For the clerks in the ofllce of the clerk of the court of appeals, for 
salaries, four thousand five hundred dollars. 

For the messenger to the clerk of the court of appeals and the State 
Engineer and Surveyor (the same messenger), for his auuual salary, eight 
liundred dollars. 

For furniture, books, binding, blanks, printing calendar, and other 
necessary expenses of the office of the clerk of the court of appeals, 
two thousand five hundred dollars. 

For compensation of criers and attendants for the court of appeals, 
five thousand dollars. 

SUPREME COURT. 

For justices of the supreme court, for salaries and^expenses, two hun- 
dred and thirty-one thousand six hundred dollars. 



Digitized by 



Google 



Maich 21.] 881 

For the expenses of the general terms of the sapreme court., five thou- 
and dollars. 

▲TTORNSr-OBKREiX's OFFIOS. 

F^or the Attorney-General, for salary, five thousand dollars. 

For the Deputy Attorney-General, for salary, three thousand five hun- 
' dred dollars. 

For the clerk and messenger in the office of the Attorney-General, for 
salaries, two thousand dollars. 

For furniture, books, binding, btank% printing and other necessary 
expenses of the office of the Attorney-General, five hundred dollars. 

For costs of suits, fees. of sheriffs^ compensation of witnesses, and for 
expenses and disbursements by the Attorney-General, two thousand 
dollars. 

For compensation of counsel employed to assist the Attorney-General, 
three thousand dollars. 

For the expenses of the Attorney-General, one thousand dollars, or so 
maoh thereof as may be necessary, the amount thereof to be certified by 
the Governor. 

OFFICB OF THB SBCBiBTABY OF 8TATB. 

For the Secretary of State, for salary, five thousand dollars. 

For the Deputy Secretary of State, and clerk of the Commissioners of 
the Land Ofiice, for salary, and for indexing and making marginal notes 
(f the nemon laws, three thousand five hundred dollars. 

For clerks in the office of the Secretary of State, for salaries, fifteen 
Ihoiwand five hundred dollars. 

For messenger in the office of the Secretary of State (eight hundred), 
one thonwnd dollars. 

For furniture, blank and other books, binding, blanks, printing and 
other necessary expenses of the oftice of the Secretary of State, two 
thoasAnd dollars. 

COMPTBOLLBB^S OFFICB. 

For the Comptroller, for salary, six thousand dollars. 

For the Deputy Comptroller, for salary, two thousand dollars. 

For the Second Deputy Comptroller, for isalary, three thousand five 
hundred dollars. 

For clerks in the office of the Comptroller, for salaries, twenty-three 
thousand dollars. 

For messenger in the office of the Comptroller, four hundred dollars. 

For funiitiire, blank and other books, oinding, blanks, printing, and 
other necessary expenses of the office of the Comptroller, two thousand 
dollars. 

TBBASUBBB's OFFICB. 

For the Treasurer, for salary, and for compensation for countersigning 
transfers and assignments of securities in the bank4ng and insurance 
department, pursuant to chapter one hundred and fortv-five of the Laws 
of eighteen hundred and seventy- five, five thousand dollars, five hundred 
dollars of which shall be refunded into the treasury, pursuant to chapter 
one hundred and three of the Laws of eighteen hundred and fifty-seven, 
and five hundred dollars thereof shall be refunded pursuant to chapter 
three hundred and sixty-six of the Laws of eighteen hundred and fifty- 
nine. 

For the Deputy Treasurer, for salary, three thousand five hundred 
dollars. 



•Digitized by 



Google 



382 [Tuesday, 

For clerks in the office of the Treasurer, for salaries, seven thonsaTid 
dollars. 

For furniture, blank and other books, binding, blanks, printing and other 
necessary expenses of the office of the Treasurer, eight hundred dollars. 

DBPABTMBNT OF PUBUC IKSTBUCTION. 

For the Superintendent of Public Instruction, for salary, five thousand 
dollars. 

For the Deputy Superintendent of Public Instruction, foe salary, three 
thousand five hundred dollars. 

For the Department of Public Instruction, for traveling ezpenaea, 
which may be incurred in the visitation of common schools, normal 
schools, teachers' institutes, Indian schools, and other institutions under 
the supervision of that department, five hundred dollars. 

For clerks in the office of the superintendent of public instruction, 
seven thousand five hundred dollars. 

For furniture, blank and other books, binding, blanks, printing and 
other necessary expenses of the office of the superintendent of public 
instruction, one thousand dollars. 

[For expenses incidental to holding examinations for State certificates, 
five hundred dollars.] 

OFFIOS OF THE STATE BNGIKBEB AND SURYBYOB. 

For the Deputy State Engineer and Surveyor, for salary, three thou- 
sand five hundred dollars. 

For compensation of clerks to assist in the preparation of railroad 
reports, two thousand five hundred dollars; and for the expenses of 
prmting and binding said reports, five thousand dollars. 

The salary of the Deputy State Engineer and Surveyor, and of the 
clerks above mentioned, and the expenses of printing and binding, afore- 
said, shall be paid and refunded to the treasury of the State by the sev- 
eral railroad companies of this Stat«*, in proportion to their respective 
gross receipts, pursuant to chapter five hundred and twenty-six of the 
Laws of eighteen hundred and tifty-five, and the several acts of the 
Legislature in relation thereto. 

For clerks in the office of the State Engineer and Surveyor, for sala- 
ries, three thousand five hundred dollars. 

For furniture, blank and other books, bindin<r, blanks, printing and 
other necessary expenses of the office of the State Engineer artd Sur- 
veyor, five hundred dollars. 

BANKING DEPARTMENT. 

For the Superintendent of the Banking Department, for salary, five 
thousand dollars. 

For compensation of the deputy, for clerk hire, and for furniture, blank 
and other books, binding, blanks, printing and other necessary expenses 
of the office of Superintendent of the Banking Department, twelve 
thousand dollars. 

The aforesaid salary, clerk-hire, and other expenses above mentioned, 
shall be refunded to the treasury of the State bv the several banks, 
banking associations ami bankers of .this State, *Mn whose behalf they 
are incuiTed," pursuant to chapter one hundred and sixty-four. Laws o( 
eighteen hundred and fifty-one. 

INSUBAKCB DBPABTMBNT. 

For the Superintendent of the Insurance Department, for salary, seven 
thousand dollars, ^ , 

Digitized by VjOOQ IC 



Mabch21.] 88S 

For oompensation of the deputy, for clerk-hire, and for fttmitnre, 
blank and other books, binding, blanks, printing, and other necesBarv 
expenses of the insuranoe department, fifty thousand dollars, or so muon 
thereof as ma^ be necessary. 

The aforesaid salary, olcfrk-hire, and other expenses above mentioned, 
shall be refunded to the treasury of the State oy the several insurance 
companies, associations, persons and agents, pursuant to chapter three 
honared and sixty-six of the Laws of eighteen hundred and fifly-nine. 

BTATB AS8B8SOBS. 

For the State Assessors, for compensation and traveling expenses, nine 
thousand dollars. i 

QUABAKTINB COMMI8SIONBBS* | 

For the Commissioners of Quarantine, for salaries, to each of them, 
two thousand five hundred dollars. 

▲UCnONBERS' ACCOUMTB, 

For compensation of the agent to examine the accounts of auctioneers, 
one thousand two hundred dollars. 

For the superintendent of weights and measures, for salary, five hun- 
dred dollars. 

LAND OFFICE. 

For assessments and other expenses of public lands, and for mileage 
of the Speaker of the Assembly, for attendance as Commissioner of the 
Land Office, one thousand dollars. 

PUBLIC OFFICBS. 

For postage on official letters, documents and other matter sent by 
mail, of the Governor, Secretary of State, Comptroller, Treasurer, 
Superintendent of Public Instruction, Attorney-General, State Engineer 
and Surveyor, Adjutant-General, Inspector-General and Clerk of the 
Court of Appeals, five thousand dollars, and for stationery for the afore- 
said public officers and their departments, four thousand dollars. 

CAPITOL. 

For repairs, cleaning, labor, gas, and other necessary expenses of the 
Capitol, fifteen thousand dollars. 
For the superintendent of the capitol, for salary, twelve hundred 

dollars. 

STATE HALL. 

For repairs, cleaning, labor, gas and other necessary expenses of the 
State hail, six thousand dollars. 
For the superintendent of the State hall, for salary, twelve hundred 

dollars. 

BBOBirrS OF THE UNIVEESITT. . 

For the secretary of the Regents of the University, for salary, two 
thousand five hundred dollars. 

For the assistant secretary of the Regents of the University, for sal- 
ary, two thousand dollars. 

For compensation of a botanist, for arranging the herbarium in the 
musenm of natural history, one thousand five nundred dollars. 

For expense of postage, expressage, printing, stationery, visitation, 
examinations, expenses of Regents attending meetings of the board, 
and compensation of messenger, three thousand dollars. 

Digitized by VjOOQ IC 



384 [TusaDAT, 

F T James Ilall, as State geologist^ as ootnpensation for services to be 
rendered for authorBhip, superinteodenoe of drawings and engrairings, 
for clerk hire and the. ase of working rooms for the ar^nging, labeling 
and distribution of the duplicate fossils and,nitnerals« as the same may 
be fixed by the Lientenant-Gk>Ternor, Comptroller and Secretary of State, 
two thousand five hundred dollars. 

6TATB LIBBABT. 

For the purchase of books for the State library, four thousand dollars, 
to be paid to the trustees of the State library in semi-annual payments, 
on the first of April and first of October. 

For binding, lettering and marking books for the State library, one 
thousand seven hundred dollars. 

For repairs, cleaning, gas, transportation of books, and other neces- 
sary expenses of the State library, two thousand dollars. 

For the librarians, assistants and janitor of the State library, for sal- 
aries, six thousand eight hundred dollars. 

HALL FOB THB STATE CABINET OF NATUBAL HISTOBY AND THB 
AGBICITLTUBAL MUSEUM. 

For the State cabinet of natural history, ten thousand dollars. 

For the persons ensployeil in making drawings for the natural history 
of the State, to be paid as salary, or in such manner as may be deter- 
mined by the Secretary of State and the secretary of the Board of 
llegents, two thousand five hundred dollars. 

For superintendents, repairs, cleaning, labor, gas and other necessary 
expenses, including the compensation of the keeper of the hall for the 
State cabinet of natural history, five thousand dollars. 

FUEL. 

For fuel for the capitol, the State hall, the State library and the hall 
for the State cabinet of natural history, five thou«and dollars. 

A0BIOULTUBB. 

For the promotion of apiculture, to be distributed in premiums by 
the State Agricultural Society, to the agricultural societies in counties, 
and the American Institute in the city of New York, in the ratio pre- 
scnbed by the act to promote agriculture passed May fifth, eighteen 
hundred and forty one, and the act to provide for the distribution of 
the moneys appropriated to promote ^riculture, and for other purposes, 
passed April twelfth, eighteen hundred and forty-eight, twenty thousand 
dollars. 

LEGISLATUBB. 

For compensation and mileage of members and ofiicers of the Legis- 
lature, three hundred and sixty-five thousand dollars. 

For advances bv the Comptroller to the clerks of the Senate and 
ABsemhly, for contingent expenses, fifteen thousand dollars. 

For postage, expenses ot committees, compensation of witnesses, 
Legislative Manual, CroswelPs Manual, Clerk^s Manual, indexing the 
bills, journals and documents of the Senate and Assembly, and other 
contingent expenses of the Legislature, eighteen thousand dollars. 

STATE PBINTINO. 

^ For the Legislative printing, for the State, including binding, map- 
ping, engraving, publicatiou of the official canvass and other official 



Digitized by 



Google 



Mjlboh 21.] 835 

notioee, one bnndred thousand dollara, and the official oanvaas shall be 
printed and pablished only in the State paper, at the public expense. 

BTATB PRISONS. 

For the Inspectors of State Prisons, for salaries, pursuant to Revised 
Statutes, volume one, page five hundred and six, and chapter one hun- 
dred and forty-five of the Laws of eighteen hundred and seventy-five, 
five thousand five hundred dollars, and for traveling expenses, three 
thousand dollars. 

For the support and maintenance of the several State prisons, and for 
material and expenses of manufacturing, pursuant to chapter two hun- 
dred and forty of the Laws of eighteen hundred and fifty-four, and chap- 
ter forty-three of the Laws of eighteen hundred and sixty-five, eight 
hundred thousand dollars. 

For supplying Croton water to the Sing Sing prison, one thousand 
five hundred dollars. 

For supplying water for Auburn pric^on and the asylum for. insane 
convicts, two thousand dollars. 

For the maintenance of convicts sentenced to penitentiaries, in pursu- 
ance of chapter one hundred and fifty-eight, Laws of eighteen hundred 
and iilly-six, chapter five hundred and eighty7four. Laws of eighteen 
hundred and sixty-five, chapter six hundred and sixty-seven. Laws of 
eighteen hundred and sixty-six, chapter five hundred and seventy-four. 
Laws of eighteen hundred and sixty-nine, chapter two hundred and 
forty-aeven, Laws of eighteen hundred and seventy-four, and chapter 
five hundred and seventy-one of the Laws of eighteen hundred and sev- 
enty-five, ten thousand dollars. 

For refunding deposits to prison contractors, one thousand dollars. 

For the sauries and allowances of the treasurer and resident oflicers 
of the State Inebriate Asylum, six thousand dollars, or so much thereof 
as the managers of that asylum shall determine to be necessary, subject 
to the approval of the Comptroller, pursuant to chapter six hundred and 
twenty-live of the Laws, of eighteen hundred and seventy -three, and for 
traveling expenses of the trustees thereof, six hundred dollars. 

ASYLUM FOR INSANK CONVICTS. 

For the support and maintenance of the Asylum for Insane Convicts, 
twenty-four .thousand dollars. 

STATE LUNATIC ASYLUM. 

For the ofificers of the State Asylum for Lunatics, for r^alaries, fifteen 
thousand dollars. 

INDIAN AFFAIRS. 

For the relief^of the Onondaga Indians, three hundred dollars. 

For compensation of the agent of the Onondaga Indians, two hundred 
dollars. 

For compensation of the agent of the Onondaga Indians, pursuant to 
chapter one hundred and seventy-eight of the Laws of eighteen hundred 
ami forty-seven, and chapter six hundred and thirty-five of the LawA of 
eighteen hundred and sixty-nine, sixty-five dollars, or so much thereof as 
may be necessary. 

For compensation of the sgent of the Onondaga Indians, on the 
Allegany and Cattaraugus reservations, one hundred and fifty dollars. 

For the compensation of the attorney ot the St. Regis Indians, one 
hundred and fift}r dollars. 

For compensation of the attorney of the Seneca Indians, one hundred 
and-fifty dollars. ^ . 

Digitized by VjOOQ IC 



836 [TuasDAT, 

For compenRfttion of the attorney for the Tonawanda band of Seneca 
Indians, one hundred and fifty dollars. 

ONONDAGA SALT SPRINGS. 

For the salary of the saperint^^ndent, the compensation of clerks and 
other persons employed, and other neoessary expenses of the Ououdaga 
Salt Springs, sixty t.ioasand dollars. 

MILITIA OF THB STATE. 

For expenses of the national guard of the State of New York, two 
hundred and seventy-five thousand dollars. 

INTERBST ON STATE INDEBTEDNESS. 

For interest on the debt of thirty-six thousand dollars, created for the 
benefit of the Stockbridge Indians, two thousand one hundred and sixty 
dollars. 

COUNTY TBEASUBERS. 

For advances to county treasurers, on account of taxes on property 
of non-residents, which may be returned to the Comptroller s office, 
sixty thousand dollars. 

TRANSPORTATION. 

For expenses of transportation of the seitsion laws, journals and docu- 
ments of the Legislature, reports, books and packages^, by express, for 
the public offices, and for the expenses of boxes, five thousand dollars. 

RBPATMENT OF MONEYS. 

For repayment of money to purchasers, for redemption of lands sold 
for taxes, fifty thousand dollars. 

For repayment of money erroneously paid into the treasury for taxes, 
ten thousand dollars. 

For repayment of money in cases of failure of titles to lands sold by 
the State, three hundred dollars. 

For repayment of money paid into the treasury through mistake, five 
hundred dollars. 

MISCELLANEOUS. 

For inspectors of gas-meters, for salary and contingent expenses, pur- 
suant to chspter one nundred and sixteen of the L-iws of eighteen hun* ' 
dred and sixty, and to the conditions and requirements imposed by chsp- 
ter one hundred and thirty-five of the Laws of eighteen hundred and 
sixty-three, two thousand five hundred dollarH, or so much thereof as 
may be neoessary to pay the present inspector of ^as-meters his salary 
to the end of his term of office, which amount shall b^ refunded to the 
treasury by the several gas-light companien, pursuant to chapter three 
hundred and eleven of the Laws of eighteen hundred and fifty-nine, but 
no payment shall be made by the Comptroller upon such salary and 
expenses, until an amount equal to such payments shall be received by 
him from gas companies, or some of them. 

So much of the amount under any former appropriation appropriated 
to pay the salaries of the arbitrator of the court of arbitration of the 
chamber of commerce of the State of New York, and of the clerk of 
said court, as shall not be paid into the treasury of the State from the 
moneys j*eceived by the clerk of said court for fees, and paid over to the 
treasurer, shall be paid by the mayor, aldermen and commonalty of the 
city of New York, and shall be paid by the comptroller of said city, 
and the board of estimate and apportionment shall appropriate, the 

Digitized by VjOOQ IC 



March 21.] 3S7 

amoant necessary to pay the same ; and hereafter all of said salaries, as 
fixed by section six, chapter four hundred and ninety-five of the Laws 
of eighteen hundred and seventy-tivo, not paid into the trensury of the 
State, from fees, under section twenty-nine of said chapter four hundred 
and ninety-five, shall be paid by the mayor, aldermen and coramonalt^r 
of the city of New York, to said arbitrator and said clerk, and shall be 
paid by the comptroller of said city, and the board of estimate and 
apportionment shall appropriate annually the amount necessary to pay 
tbe same. 

To the trustees of Washington's head-quarters, at Newburgh, for 
compensation of superintendent, and for care, maintenance, repairs and 
improvement of grounds, the sum of one thousand dollars. 

For supplying other States wiih reports of the court of appeals, and 
of the supreme court, five hundred dollars. 

For expenses of books and stationery for the transfer office, at the 
Manhattan Company, New York, two hundred and fifty dollars. 

For compensation of the agent, in the city of New x ori^ to superin- 
tend the issue and transfer of State stock, seven hundred and fifty 
dollars* 

For supplying the Deaf Mutes' Journal to the deaf and dumb persons 
of this btate, three hundred dollars. 

For the expenses of the board of pilot commissioners. New York, 
fonr thousand five hundred dollars. 

For the commissioners to revise the statutes, appointed under chapter 
thirty-three of the Laws of eighteen hundred and seventy, for their sal- 
aries, fiftpen thousand dollars; for their expanses for clerical services 
and other incidental matters, six thousand dollars; and, in addition 
thereto, three thousand dollars for the general expenses of the commis- 
sion, to be ex'pended under the direction of the commissioners. The 
term of office of the said commissioners is hereby extended to the first 
day of May, in the year eighteen hundred and seventy-eight. 

DBAF AND DUMB. 

For the support and instruction of three hundred and forty pupils at 
the Institution for the Deaf and Dumb in New York, one hundred and 
two thousand dollars, or a proportionate amount for a shorter period of 
time than one year, or for a smaller number of pupils, as shall be veri- 
fied by affidavits of the president and secretary of the institution. 

For the support and instruction of pupils at the institution for the 
improved instruction of deaf mutes in New York, fifteen thousand dol- 
lars, or a proportionate amount for a shorter period of time than one 
year, or for a smaller number of pupils, as shall be verified by affidavits 
of the president and secretary of the institution. 

For the support and instruction of forty pupils at the Le Couteulx 
St. Mary's Institution for the improved instruction of deaf mutes, at 
Bai!alo, twelve thousand dollars ; or a proportionate amount for a shorter 
period of time than one year, or for a smaller number of pupils, to be 
paid by the comptroller, upon the certificate and oath of the president 
and secretary of the institution. 

For the support and instruction of sixty pnpiU at the central New 
York institntion for deaf mutes, at Rome, eighteen thousand dollars, or 
* proportionate amount for a shorter period of time than one year, or 
for a smaller number of pupils, to be paid by the comptroller, upon the 

[Senate Joubnal,] 43 



Digitized by 



Google 



88d [TlTBSDATi 

certificate and oath of the president and secretary of the institution, 
approved by the Superintendent of Public Instruction. 

For the Thomas Asylum, for orphan and destitute Indian children, for 
the education and maintenance of one hundred children, at the rate of 
eighty-five dollars per capita, pur8uant to chapter one hundred and 
sixty-two of the Laws of eighteen hundred and seventy-five, eight 
thousand five hundred dollars. 

BLIND. 

For the support and instruction of one hundred and eighty pupils, for 
one year, at tne institution for the blind in New York, fifty-four thou- 
sand dollars, or a proportionate amount for a shorter period of lime than 
one year, or for a smaller number of pupils, as shall be duly verified by 
affidavits of the president and secretary of the institution. 

JUYBNILK DELINQUBNTS. 

For the Society for the Reformation of Juvenile Delinquents in the 
city of New York, forty thousand dollars. 

HOUSE OF BBFUGB. 

For the House of Refuge for Western New York, fifty-fire thousand 
i^ollars. 

IDIOT ASYLUM. 

For the State asylum for idiots, at Syracuse, thirty-six thousand 
dollars. 

WILLABD A8TLUH FOR THB IN8ANB. 

For the officers of the Willard asylum for the insane, for salaries, ten 
thousand five hundred dollars. 

HUDSON BIVBB STATB HOSPITAL FOB THB ^NSANB. 

For the officers of the Hudson River State Hospital for the Insane, 
for salaries, eight thousand dollars. 

STATB HOMCBOPATHIO ASYLUM. 

For the State Homceopathic Asylum for the Insane, for salaries, eight 
thousand dollars, or so much thereof as may be necessary, and as the 
same may be approved by the Governor, Secretary ot State and Comp- 
troller, pursuant to chapter three hundred and twenty-three of the Laws 
of eighteen hundred and seventy-four. 

INSTITUTION FOB THB BLIND, BATATIA. 

For the maintenance of the Institution for the Blind, at Bataria, forty 
thousand dollars. 

STATB COMMISSIONBBS OF PUBLIC CHAKI11B8. 

For the salary of the secretary of the State Board of Charities, three 
thousand five hundred dollars. 

For the traveling expenses of the commissioners and secretary, and 
for office expenses, clerK hire and other contingencies, four thousand 
dollars. 

For the salary of the State Commissioner in Lunacy, four thousand 
dollars, and for traveling and other incidental necessary expenses of said 
commissioner, one thousand dollars, or so much thereof as may be neces- 
sary. 

]<or the support and care of State paupers, twenty-five thousand 
dollars. 



Digitized by 



Google 



MAB0H2i.] 339 

PAYABLE FROM TUB FBEB SCHOOL FUND. 

For the State normal school at Albany, for its maintenance, eighteen 
thoiifiand dollars. 

For the Sute normal and training schools at Buffalo, Brockport, Cort- 
land, Fredoriia, Geneseo, Oswego and Potsdam, for their maintenance* 
to each of them, eighteen thousand dollars. 

For the maintenance of the teachers' institutes, pursuant to chapter 
^Ye hundred and fifty-five of the Laws of eighteen hundred and sixty- 
four, eighteen thousand dollars. 

For the support of the common schools of this State, two million 
Mven hundred and ninety-seven thousand seven hundred and twenty-dve 
doilarn, or so mach thereof as shall remain of the proceeds of the tax of 
one and one-fourth mills upon each dollar of the taxable property in 
this State, levied for the support of common schools, after deducting 
from the proceeds of said tax the sum of one hundred and sixty-two 
thoasand dollars appropriated in the last three items above mentioned, 
payable from the free school fun<l, pursuant to chapter four hundred and 
an^ six of the Laws of eighteen hundred and sixty-seven. 

PAYABLE FROM THE OBKBRAL FUND DEBT SINKINQ FUND. 

For interest on the sum of two million nine hundred and twenty-nine 
thousand eight hundred and thirty-one dollars and fifty-three cents of 
the general fund State debt, one hundred and fiCty-five thousand one 
hundred and ninety dollars and fifty-two cents. 

For the payment of annuities to the several Indian tribes, namely : 

To the Onondagas, two thousand four hundred and thirty dollars ; 

To the Cayugas, two thousand three hundred dollars ; 

To the Senecas, five hundred dollars ; 

To the St. Regis, two thousand one hundred and thirty-one dollars 
and sixty-seven cents. 

PATABLB FBOM THE SCHOOL FUND BBYBNUB. 

For dividends to common schools, one hundred and seventy thoasand 
dollars. 

For the support of Indian schools, four thousand dollars. 

For refunding money paid into the treasury for redemption of lands 
lolds for arrears of consideration, five hundred dollars. 

For refunding surplus moneys received on resales of lands, five hun- 
dred dollars. 

For expenses of lands, two hundred dollars. 

PAYABLE FBOM THE LITBBATUBE FUND. 

For dividends to the academies, twelve thousand dollars. 
For the purchase of text-books, maps and globes, philosophical and 
chemical apparatus for the academies, three thousand dollars. 

PAYABLE FBOM THE UNITED STATES DEPOSFT FUND — CAPITAL. 

For investment of the capital of the United States Deposit Fund, 
fifty thousand dollars, or so much thereof as may be necessary. 

BBTEKUE. 

For dividends to common schools, including the salaries of the county 
school commissioners, one hundred and sixty- five thousand dollars. 

For dividends to academies, twenty-eight thousand dollars. 

For amount to be added to the capital of the school fund, pursuant 
to article nine of the Constitution, twenty-five thousand dollars. 

Digitized by VjOOQ IC 



340 [TUMDAY, 

For instruction of common school teachers in the academies d (.'signaled 
by the Regents of the University, eighteen thousand dollars. 

For refunding money erroneously paid into the Treasury ^Revised 
Statutes, volume one, page four hundred and seventy-nine), five tiundred 
dollars. 

PAYABLR FROM THE BOUNTT DEBT SINKING FUND. 

For investment of contributions to the sinking fund, and payment of 
interest on the State indebtedness, known and designated as the bounty 
debt, eight hundred and fifty thousand dollars, or so much thereof as 
may be necessary. 

PAYABLE FROM THE COLLBOB LAND SCRIP FUND — RBYBNUK. 

For the Cornell University, twenty-five thousand dollars. 

PAYABLE FROM THB CORNELL ENDOWMENT FUND — REVENUE. 

For the Cornell University, eight thousand dollars. 

PAYABLE FROM THB MILITARY RECORD FUND — REVENUE. 

For the expenses of the bureau of military statistics, three thousand 
dollars. 

PAYABLE FROM THE ELMIRA FEMALE COLLBGB EDUCATIONAL FUND^- 

RBVENUB. 

For the Elmira Female College, three thousand five hundred dollars. 

The amounts herein appropriated shall be paid by tlie Treasurer from 
the respective funds as specified, and the salaries named shall be estab- 
lished and fixed by this act for the several officers for whom they are 
designed ; but the Comptroller sluill not draw his warrant for tho pay- 
ment of the several amounts heretofore named, except for salaries and 
other expenditures and appropriations, the amounts of which are duly 
established and fixed by law, until the persons demmding them shall 
present to him a detailed statement, in items, of the same; and, if such 
account shall be for services, it must show when, where, and under what 
authority they were rendered ; if for expenditures, when, where, and 
under what authority they were made ; if for articles furnished, when 
and where they were furnished, to whom they were delivered, and under 
what authority ; and if the demand shall be for traveling expenses, the 
account must also specify the distance traveled, the place of starting 
and destination, the duty or business, and the dates and items of expendi- 
tures. All accounts must be veritied by an affidavit, to the effect that 
the account is true, just and correct, and that no part of it has b/en paid 
but is actually and justly due and owing. On all accounts for trans- 
portation, furniture, blank and other books purchased for the use of 
office, binding, blanks, printing, stationery, not^tage, cleaning and other 
necessary and incidental expenditures, a bill, duly receipted, must also 
be furnished ; and it shall be the duty of the Treasurer to report annually 
to the Legislature the details of these several expenditun^s. No indebt- 
edness, for any purposes whatever, shall be hereafter incurred by any 
di'partment or ofiice of the government of the State of New York, or 
by any officer thereof, or clerk, or employe, or board, or commission, 
officer or person whatsoever, exceeding the amount of the annual appro- 
priations made therefor, severally, to be raised by taxation, or exceeding 
the amount authorized by law to be expended for any purpose. Th<a 
violation of any of the provisions of this act shall be Bufficient cause for 

Digitized by VjOOQ IC 



HiLBCH2I.] 



S4l 



the removal from office of the officer, board, commission or person vio- 
lating the same. 

All which is respectfully submitted. 
HAMILTON HARRIS, GEO. H. FORSTER, 

S. H. HAMMOND, ALLEN MUNROE, 

D. McCarthy, r. u. sherman, 

Senate Committee, Assembly Committee. 

Mr. Woodin moved to agree to the report of the committee, except 
such part thereof as relates to the court of arbitration of the Chamber 
of Ck>mmerce of the State of New York. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative, two-thirds of all the mem- 
bers elected to the Senate voting in favor thereof, as follows: 

FOR TUB AFFIRMATTVS. 



Baaden 


Coleman 


Lament 


Rogers 
St. John 


Bixby 


Doolittle 


Loomis 


Booth 


Emerson 


Moore 


Schoonmaker 


Bradley 


Gerard 


Morrissey 


Selkreg 


Carpenter 


Hammond 


Prince 


Wagner 


Cole 


Harris 


Robertson 


Woodin 24 



FOR THB KEGATIYB. 

McCarthy Starbuck 2 

Mr. Woodin moved that the Senate do non-concur in that portion of 
the report which relates to. the said court of arbitration. 
Pending which and after debate, 

Mr. Woodin moved that the report be laid upon the table until Thurs- 
day next. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

By unanimous consent, Mr. Bixby asked and obtained leave to intro- 
duce a bill entitled *-An act to provide for the improvement of certain 
public squares or places in the city of New York," which was read the 
^rat time, and by unanimous consent was also read the second time, 
and referred to the committee on the aifairs of cities. 

By unanimous consent, Mr. Rogers asked and obtained leave to intro- 
duce a bill entitled ^*An act to confirm the proceedings taken by the 
Common council of the city of Buffalo to clean the sewer in Wadsworth 
Btreet, between Hudson and Pennsylvania streets, in said city," which 
was read the first time, and by unanimous consent was also read the 
second time, and referred to the committee on the affurs of cities. 

By unanimous consent, Mr. Starbuck asked and obtained leave to intro- 
duce a bill entitled "An act to provide for the obtaining of certain stat- 
istics relating to mortgages upon real properly within this State," which 
waH read the first time and by unanimous consent was also read the 
(»econd time, and referred to the committee on the judiciary. 

Mr, Gerard moved to reconsider the vote by which the report of the 
committee of the whole against the adoption of the concurrent resolu- 
tion proposing an additional section to article 6 of the Constitution, 
consolidating the Court of Common Pleas, the Superior Court and the 
Supreme Court, in the city of New York, was agreed to, and that said 
motion be laid upon the table. 

Digitized by VjOOQ IC 



342 [TUKSDAV^ 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

Mr. Emerson offered the following : 

Meaolved (if the Assembly concur), That section 1» article 2, of the 
Constitution be amended so as to read as follows : 

Sbctioit 1. Every male citizen of the age of twenty-one years, who 
shall have been a citizen for ten days and an inhabitant of this State one 
year next preceding an election, and for the last four months a resident 
of the county, and for the last thirty days a resident of the election di!»- 
trict in which he may offer his vote, shall be entitled to vote at suoh 
election in the election district of which he shall, at the time, be a resi- 
dent, and not elsewhere, for all officers that now are or hereafter may be 
elective by the people, and upon all questions which may be submitted 
to the vote of the people, provided that, in time of war, no elector in 
the actual military service of the State or of the United States, in the 
army or navy thereof, shall be deprived of his vote by reason of bis 
absence from such election district, and provided that no minister of any 
religious denomination shall be deprived of his vote by reason of any 
change of residence made in the regular discharge of his ministerial 
duties, and the Legislature shall have power to provide the manner in 
which, and the time and place at which such absent electors may vote, 
and for the return and canvass of their votes in the election districts in 
which they respectively reside. 

Mr. Emei-son moved that said resolution be laid upon the table, and 
printed. 

The President pat the (question wheth^ the Senate would agree to 
said motion, and it was decided in the affirmative. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of the special order^ being the bill enti- 
tled as follows : 

^ An act to establieh a State board of audit, and to define its powers 
and duties." 

After some time spent therein, the Prei^ident resumed the chair, and 
Mr. To bey, from said committee, reported in favor of the passage of said 
bill, with amendments, which report was agreed to, and the same 
ordered engrossed for a third reading. 

On motion of Mr. Starbuck, the Senat-e then went into executive sea- 
aion, and, aftef some time spent therein, the doors were opened, and 

On motion of Mr. Tobey, the Senate took a recess qntil half-past 
seven o'clock, p. m. 



HALF-PAST SEVEN O'CLOCK, p. !£• 

The Senate again met. 

The President presented the following : 

UNiVEiisrry of the state of new york, ) 

Officb of thb Rbobnts, \ 

Albany , Mwck 2 1 , 1 876. ) 

To the President of the Senate, 

Sir — I am directed to state for the information of the Senate, that by 
the death of the Hon. Prosper M. Wetmore, of New York, a vacancy 

Digitized by VjOOQ IC 



Masoh 21.] 843 

\» created in the Board of Regents of the ITiiiversity, to be filled at the 
pleasure of the Legislature. 

Very respectfully, your obedient servant, 

S. R WOOLWORTH, Secretary. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

*'An act to amend section 2 of chapter 514, of the Laws of 1875, 
entitled 'An act to provide for the election of police justices in villages.*' 

Assembly, *^An act to amend section 5, chapter 427, Laws of 1855, 
entitled *An act in rebUion to the collection ot taxes on lands of non- 
residents, and to provide for the sale of such lands for unpaid taxes.' " 

*'An act to amend chapter 647 of the Laws of 1872, entitled 'An act 
to incorporate the Shelter Island Grove and Gamp-Meeting Association 
of the Methodist Episcopal Church,' and supplementary thereto." 

After some time spent therein, the Fresident resumed the chair, and 
Mr. Hammond, from said committee, reported in favor of the passage of 
the first and last named bills, which report was agreed to, and said bills 
ordered engrossed for a third reading. 

Mr. Hammond, from the same committee, reported in favor of the pas* 
sage of the second named bill, which report was agreed to, and the same 
ordered to a third reading. 

Mr. 8cboonmaker moved that the bill entitled *'An act to provide for 
Qoiformity of text-books in common schools," be considered in first 
committee of the whole. 

llie President put the question whether the Senate would agree to 
Baid motion, and it was decided in the affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 

Mr. Hammond moved that the bill entitled **An act to amend chapter 
140 of the Laws of 1850, entitled ^An act to authorize the formation of 
railroad corporation^, and to regulate the same,' " be considered in first 
committee of the whole. 

The President put the question whether the Senate would agree to 
laid motion, and it was decided in the affirmative, two-thirds of all the 
members elected to the Senate voting in favor thereof. 

Tlie Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills- Entitled 
as follows : 

''An act to amend chapter 140 of the Laws of 1850, entitled *Au act 
toaathoruEe the formation of railroad corporations and to regulate the 
aame.' " 

"An act to provide for uniformity of text-books in common schools." 

''An act in relation to the court of general sessions of the peace, in 
and for the city and county of New York." 

After some time spent therein the President resumed the chair, and 
Mr. Emerson, from said committee, reported progress on the two first 
hills, and asked and obtained leave to sit again. 

Mr. Emerson, from the same committee, reported in favor of the pas* 
lage of the last named bill, with amendments, wliich report was agreed 
to, and the same ordered engrossed for a third reading. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 



Digitized by 



Google 



344 I Wbdkbbdat, 

'*An act to amend chapter 479 of the Laws of 1875, entitled *An act 
in relation to the jurisdiction of the marine court of the city of New 
York, and to the justices of said court.' " 

"An act to amend chapter 502 of the Laws of 1853, entitled 'An act 
to authorize stockholders of railroad and plank-road companies to make 
payments upon mortgages, in process of foreclosure against such com- 
panies, and thereupon to become interested in said mortgages.' " 

' "An act in relation to the commissioner of jurors in the city and 
county of New York." 

After some time spent therein, the President resumed the chair, and 
Mr. Bradley, from said committee, reported in favor of the passage of 
the first and second named bills, which report was agreed to, and the 
same ordered engrossed for a third reading. 

Mr. Bradley, from the same committee, reported progress on the last 
named bill, and asked and obtained leave to sit again. 

On motion of Mr. St. John, and by unanimous consent, the bill enti- 
tled "An act to amend section 4, title 5, chapter 20 of the first part of 
the Revised Statutes, entitled *0f disorderly persons,'" was ordered 
considered in first committee of the whole. 

On motion of Mr. Doolittle, and by unanimous consent, the bill enti- 
tled *^An act to amend chapter 398 of the Laws of 1866, entitled *An 
act to facilitate the construction of the New York and Oswego Midland 
Railroad, and to authorize towns to subscribe to the capital stock there- 
of,' " was ordered considered in first committee of the whole. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 

"An act to amend section 4, title 5, chapter 20 of the first part of the 
Revised Statutes, entitled ' Of disorderly persons.' " 

"An act to amend title 2, chapter 1, part 2 of, the Revised Statutes, 
entitled ' Of powers.' " 

"An net to amend chapter 308 of the Laws of 1866, entitled 'An act 
to facilitate the construction of the New York and Oswego Midland 
Railroad, and to authorize towns to subscribe to the capital stock 
thereof." 

After some time spent therein, the President resumed the chair, and 
Mr. Sejkreg, from said committee, reported in favor of the passage of 
the first and second named bills, which report was agreed to, and the 
same ordered engrossed for a third reading. 

Mr. Selkreg, from the same committee, reported progress on the 
last named bill, and asked and obtained leave to sit again. 

On motion of Mr. Rogers, tlie Senate adjourned. 



WEDNESDAY, MARCH 22, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 
Mr. Morrissey presented two remonstrances of citizens of New York, 
against maintaining a bridge across the Hudson river by the Fishkill 



Digitized by 



•Google 



Mabch 22.] 845 

and Newbargh Railroad Bridge Company ; which were read and referred 
to the cominittee on railroads. 

Mr. Emerson presented a petition of citizens of Rochester, for the 
establishment of a local court ot* civil jurisdiction in said city ; which 
was read and referred to the committee on the judiciary. 

Mr. Selkreg, from the committee on poor laws, to which was referred 
the bill entitled "An act to provide for the maintenance, support and 
government of the poor in Queens county," reported in favor of the 
passage of the same, and said bill was committed to the committee of 
the whole. 

Mr. Carpenter, from the committee on the affairs of villages, to which 
was referred the bill entitled *'An act to amend chapter 834 of the Laws 
of 1869, entitled *An act incorporating the village of Carthage, in the 
county of Jefferson,' and the acts amendatory thereof," reported in favor 
of the passage of the sume, and said bill was committed to the com* 
mittee of the whole. 

On motion of Mr. Carpenter, and by unanimous consent, said bill was 
ordered considered in the first committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the Assembly bill entitled ''An act to release the interest of the 
people of the State of New Tor-k in certain lands in the town of Malone, 
m the county of Franklin, to Charlotte Hutchins," reported in favor of 
the passage of the same, and said bill was committed to the committee 
of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled **An act to confirm the official acts of L. W« 
Emerson, as a notary public of Kings county,^' reported in favor of the 
passage of the same, and said bill was committed to the committee of the 
whole. 

Mr. Robertson, fronl the committee on the judiciary, to which was 
recommitted the bill entitled "An act to provide for the sale and exchange 
of the stock or bonds of any railroad coi*poration for the bonds of any 
muDicipal corporation, and also authorizing the issuing of the bonds of 
snch municipal corporation, less in p.mount than had been before agreed 
or aathorized," reported in favor of the passage of the same with amend* 
menls, and the title amended so as to read "An act to authorize municipal 
corporations in the counties of Clinton, Essex and Washington to sell 
Block held by them in the New York and Canada Railroad Company/' 
and said bill was committed to the committee of the whole. 

Mr. Robertson, from the committee* on the judiciary, to which was 
referred the bill entitled '^An act to release ceriain lands, which have 
escheated to the State, to Charity Rix, widow of John Rix, late of the 
town of Farmersville, in Cattaraugus county," reported in favor of the 
passage of the same, and said bill was committed to the committee of 
the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act relative to the foreclosure of mortgages 
by advertisement," reported adversely thereto, which report was agreed 
to, and said bill rejected. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act in relation to jurors in the city of New 
York," reported adversely thereto, which report was agreed to, and 
paid bill rejected. 



ISknate -Touknal.! 44 

Digitized by 



Google 



346 [Wei)Xbsi>>y, 

Mr. Snyre, from the committee on roads and bridges, to which was 
referred the Assembly hill entitled **An act to allow the reorganization 
of plank roads and turnpike roads," reported adversely thereto, which 
report, wns agrc^ed to, and said bill rejected. 

Ordered, That the Clerk return said hill to the Assembly, with a mes- 
sage informing that the Senate have non-concurred in the passage of the 
same. 

Mr. Rogers, from the committee on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows: 

'*An act to amend title 2, chapter 1, part 2, of the Revised Statutes, 
entitled * Of powers.' '* 

An act to amend section 4, title 6, chapter 20, of the first part of the 
Revised Statutes, entitled *Of disorderly. persons.'" 

"An act to amend chapter 502 of the Laws of .1853, entitled 'An act 
to authorize stockholders of railroad and plank-/oad cqmpanies to make 
payments upon mortgages in process of foreclosure against such com- 
panies, and thereupon to become interested in said mortgage!^." 

**An act to establish a State board of audii, and to define its powers 
find duties." 

"An act in relation to the court of general sessions of the peace in 
and for the city and county of New York." 

"An act to amend section 3 of chapter 514 of the Laws of 1875, enti- 
tled *An act to provide for the eleciion of police justices in villages.'" 

"An act to amend chapter 647 ot the Laws of 1872, entitled 'An act 
to incorporate the Shelter Island Grove and Camp Meeting Association 
of the Methodist Episcop.il Church,' and supplementary thereto." 
* "An net to amend chapter 479 of the Laws of 1875, entitled *An act in 
relation to the jurisdiction of the Marine Court of the city of New 
York, snd to the justices of said court.'" 

The President presented a communication from,thc New Capitol Com- 
missioners, relative to the completion of the Wew Capitol Building ; 
which was hiid upon the table and ordered printed. 

{See Doc. No. 59.) 

By unanimous consent, Mr Kennaday asked and obtained leave to 
introduce a bill entitled "An act to amend title 2, chapter 5, of part 3 of 
the Revised Statutes, entitled * Procediugs to compel the determination 
of claims against real property in certain cases," which was read the first 
time, and by unanimous consent was also read the second time, and 
referred to the committee on the judiciary. 

By unanimous consent, Mr. Emerson asked and obtained leave to 
introduce a bill entitled 'An act authorizing the Rochester and State 
Line Railway Company to amend its articles of association," which was 
read the first time, atid by unanimous' consent was also read the second 
time, and referred to the committee on the judiciary. 

The Assembly returned the concurrent resolution relative to the 
appointnuMit of a joint committee to consider the reduction of salaries 
and per diem allowance of the officers and employes of the two Houses, 
with a message that they had appointed as such committee on their part 
Messrs. Sherman, Hepburn and Munroe. 

The Senate then resolved itself into a committee of the whole, and pro- 
ceeded to the consideration of general orders, being the bills entitled as 
follows : 

"An act to amend chapter 446 of the Laws of 1860, entitled *An act 
for the protection of boarding-house keepers.' " 



Digitized by 



Google 



March 22.] 347 

"An act to amend chapter 838 of the Laws of 1869, entitled *An act 
incorporating the villai^e of C;irth;ige, in the county of Jefferson, and 
the acts amendatory thereof " 

Assemhly, ** An act in relation to wills of persona! estate." 

After some time spent therein, the President resaraed the chair, and 
Mr. Carpenter, from said committee, reported in favor of the prissafje of 
the first and second named bills, which report was agreed to, and the 
same ordered engrossed for a third reading. 

Mr. Carpenter, from the same committee, reported progress on the 
last named bill, and asked and obtained leave to sit again. 

Mr. Bradley moved that said bill be recommitted to the committee on 
the jadtciary, retaining its place on general orders. 

The President put the question whether the Senate would agree to 
said motion, and it was decided in the affirmative. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

'*An act to require the filing of maps in the assessors' office in the city 
of Albany." 

Assembly, "An act to amend chapter 398 of the Laws of 1866, enti- 
tled 'An act to facilitate the construction of the New York and Oswego 
Midland Railroad, and to authorize towns to subscribe to the capital 
stock thereof.' " 

Assembly, "An act to amend an act entitled 'An act to incorporate 
the Catskill Agricultural and Horticultural Association,' passed May 
9, 1867." 

After some time spent therein, the President resumed the chair, and 
Mr. Lamont, from said committee, reported in favor of the passage of 
the flrs't named bill, which report was agreed to, and the same ordered 
engrossed for a third reading. 

Mr. Lamont, from the name committee, reported in favor of the 
passage of the second named bill, with amendments, which report was 
agreed to, and the same ordered to a third reading. 

Mr. Lamont, from the same committee, reported in favor of the pas- 
sage of the last named Mil, with amendments, and the title amended so 
as to read "An act to amend chapter 8:i5 of the Laws of 1867, entitled 
'An act to incorporate the Catskill, Agricultural and Horticultural 
Association,'" which report was agreed to, and the same ordered to a 
third reading. 

On motion of Mr. Bradley, and by unanimous consent, the Assembly 
bill entitled **Ari act to amend the 16th section of title 6, of chapter 2, 
of part 4 of the Revised Statutes, concerninnr the allowance of writs of 
error in criminal cases," was ordered considered in first committee of the 
whole. 

The Senate then resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 

''An act in relation to the commissioner of jurors in the city and 
coanty of New York'" 

Assembly, "An act to amend the 16th section of title 6, of chapter 2, 
of part 4 of the Revised Statutes, concerning the allowance of writs of 
error in criminal cases." 

"An act to amend chapter 140 of the Laws of 1850, entitled *An act to 
anihorize the formation of railroad corporations, and to regulate the same." 

i^igitized by VjOOQ IC 



848 [Wbdnesdat, Mabch 22.] 

After some time spent therein the President resamed the chair, and 
Mr, Schoonmaker, from said committee, reported progress on the first 
named bill, and asked and obtained leave to sit again. , 

'Mr. Schoonmaker, from the same committee, reported in favor of the 
passage of the second named bill, with amendments, which report was 
agreed to; and the same ordered to a third reading. 

Mr. Schoonmaker, from the same committee, reported in favor of the 
passage of the last named bill, with amendments; which report was 
agreed to, and the same ordered engrossed for a third reading. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

^^An act to amend chapter 671 of the Laws of 1857, entitled *An act 
to establish regulations for the port of New York.'" 

Assembly, '^An act authorizing the sale of the State armory at 
Schenectady.'* 

Assembly, ''An act providing for the union of the Griffith Institute 
with Union Free School District No. 1 of the town of Concord, Erie 
county, and providing for the disposition of the fund bequeated to the 
Griffith Institute." 

Afler some time spent therein, the President resumed the chair, and 
Mr, Bixby, from said committee, reported in favor of thj passage of 
the first named bill, which report was agreed to, and the same ordered 
engrossed for a third reading. 

Mr. Bixby, from the same committee, reported in favor of the pas- 
sage of the second and last named bills, which report was agreed to, and 
the same ordered to a third reading. 

Mr. Sayre moved that the bill entitled "An act to amend chapter 6, 
article 3, title 3, part 1 of the Revised Statutes, Of elections in cities 
and towns," be recommitted to the committee on the judiciary, retaining 
its place on general orders. ^ 

The President put the question whether the Senate would Agrels to 
said motion, and it was decided in the affirmative. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills enti- 
tled as follows : 
"An act relative to personal property of fire companies." 
Assembly, **An act to amend chapter 168 of the Laws of 1875, enti- 
tled 'An act to amend chapter 836 of the Laws of 1872, entitled An act 
to regulate places of public amusement in the city of New York.'" 

Assembly, "An act to authorize the sale of subdivision No. 23, in 
block No. 51, in the third ward of the city of Oswego, known as engine 
house and lot No. 2." 

Afler some time spent therein, the President resumed the chair, and 
Mr. Loomis, from said committee, reported progress on the two first 
bills, and asked and obtained leave to sit again. 

Mr. Loomis, from the same committee, reported in favor of the 
passage of the last named bill, which report was agreed to, and the 
same ordered to a third readmg. 

On motion of Mr. Rogers, and by nnanimous consent, the bill entitled 
"An act to further amend chapter 680 of the Laws of 1871, entitled 'An 
act in relation to the location and erection of public buildings for the 
use of Erie county, and the city of Buffilo ; ' also to amend chapter 94 of 
the Laws of 187^ entitled ^An act fxirther to amend chapter 680 of the 



Digitized by 



Google 



[Tbubsdat, Masch 28. J 349 

Laws of 1871, eutitled An act in relation to the location and erection of 
public bnildingB for the use of Erie county, and the city of Buffalo,' " 
was ordered considered in first committee of the whole. 

The Senate again resolved itself into a committee of the whole, and 
proceeded to the consideration of general orders, being the bills entitled 
as follows : 

'*An act to amend section 6, of title 6, of chapter 9, of part 1 of the 
Revised Statutes." 

"An act further to amend chapter (580 of the Laws of 1871, entitled 
'An act in relation to the location and erection of public buildingM for 
the use of Erie county and the citv of Buffalo ; ' also, to amend chap- 
ter 94 of the Laws of 1871, entitled, 'An act further to amend chapter 
680 of the Laws of 1871, entitled An act in relation to the location and 
erection of public buildings for the use of Erie county and the city of 
Bufialo.' " 

''An act to release the interest of the people of the State of New 
York in certain real estate in the city of Brooklyn, county of Kings, to 
Marian Anderson." 

After some time spent therein, the President resumed the chair, and 
Mr. St. John, from said committee, reported progress on the first named 
bill, and asked and obtained leave to sit again. 

Mr. St. John, from the same committee, reported in favor of the 
passage of the second named bill, with amendments, and the title 
amended so as to read "An act to amend chapter 94 of the Laws of 
1875, entitled 'An act further to amend chnpter 680 of the Laws of 1870, 
entitled An act in relation to the location and erection of public build- 
ings- for the use of Erie county and city of Buffalo ; ' also, to amend 
chapter 680 of the Laws of 1871, entitled 'An act in relation to the loca- 
tion and erection of public buildings, for the use of Erie county and the 
city of Buffalo,' " which report was agreed to, and the same ordered 
engrossed for a thir^ reading. 

Mr. 8t. John, from the same committee, reported in favor of the pas- 
sage of the last named bill, which report was agreed to, and the same 
ordered engrossed for a third reading. 

On motion of Mr. Carpenter, the Senate adjourned. 



THURSDAY, MARCH 28, 1876. 

The Senate met pursuant to adjournment. 

Prayer by the Chaplain. 

The journal of yesterday was read and approved. 

Mr. Woodin, from the commttteo on engrossed bills, reported as cor- 
rectly engrossed the bills entitled as follows : 

"An act to amend chapter 834 of the Laws of 1869, and also to amend 
chapter 466 of the Laws of 1870, entitled 'An act to amend the act 
incorporating the village of Carthage, in the county of Jefferson."* 

"An act to amend chapter 446 of the Laws of 1860, entitled 'An act 
for ihe protection of boarding-house keepers.' " 



Digitized by 



Google 



860 [THUftSDAT, 

*'An act to require the filing of maps in the assessors^ office in the city 
of Albany." 

'*Ari act to amend chapter 671 of the Laws of 1857, entitled *An act 
to establish regulations for the port of NeW York." 

'^An act to amend chapter 140 o\ tho Laws of 1850, entitled *An act 
to authorize the formation of railroad corponitions, and to regulate the 
same.'' 

"An act to release the interest of the people of the State of New 
York in certain real estnte in the city of Brooklyn, county of Kings, to 
Marian Anderson." 

"An act to amend chapter 94 of the Laws of 1875, entitled 'An act 
further to amend chapter 680 of the Laws of 1870, entitled An iict in 
relation to the location and erection of public buildings* for the use of 
Erie county and the city of Buffalo ; ' also to amend chapter 680 of the 
Liws of 1871, entitled 'An act in relation to the location and erection 
of public buildings for the use of Erie county and the city of Buffalo.' " 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled 'An act to amend chapter 212 of the Laws of 
1865, passed March 25, 1865, and to regulate the practice in criminal 
cases," reported in favor of the passage of the same, with amendments, 
and the title amended so as to read '^An act to amend chapter 212 of 
the Laws of 1865, entitled 'An act in relation to the punishment of 
criminal offenses,' " and said bill was committed to the committee of the 
whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act relative to evidence," reported in favor 
of the passage of the same, with amendments, and said bill wa3 commi^ 
ted to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled « "An act to authorize the payment of certain 
moneys out of the State treasury to the heir at law of James Green, 
deceased," reported in favor of the passage of the same, and said bill 
was committed to the committee of the whole. 

Mr. Robertson, from the committee on the judiciary, to which was ' 
referred the Assembly bill entitled "An suot to amend an act entitled 'An 
act to amend an act entitled An act to authorize the formation of corpo- 
rations for manufacturing, mining, mechanical or chemical purposes,' 
passed February 17, 1848, reported in favor of the passage of the same, 
with amendments, and said bill was committed to tne committee of the 
whole. 

Mr. RobertROn, from the committee on the judiciary, to which was 
recommitted the bill entitled "An act to amend chapter 6, article S, title 
•3, part 1, of the Revised Statutes, Of elections in cities and towQs/^ 
reported adversely thereto, which report was agreed to, and said bill 
rejected. 

Mr. Robertson, from the committee on the judiciary, to which was 
referred the bill entitled "An act to amend chapter 8, part 2, of the 
Revised Statutes, in relation to the recording of mortgages," reported 
adversely thereto, which report was agreed to, and said bill rejected. 

Mr. Sayre, from the committee on roads and bridges, to which was 
referred the bill entitled "An act in relation to highway bridges over 
railroads," reported in favor of the passage of the same, and said bill 
was committed to the committee of the whole. 



Digitized by 



Google 



Mabch 23.] 351 

Mr. Woodin, from the committee on the affairs of cities, to which was 
referred the bill entitled ''An act to confirm the proceedings taken by 
the common council of the city of Buffalo to clean the sewer in Wada* 
worth street, between Hudson .and PennsyWania streets, in said city,*' 
reDorted in favor of the passage of the same, and said bill was oommit- 
tea to the committee of the whole. 

Mr. Woodin, from the committee on the afiairs of citief^, to which was 
reterred the Assembly bill entitled *'An act to authorize the city of Buf- 
falo to issue its certificates of indebtedness, for the purpose of raiMns 
money to supply a deficiency in the poor department of the city,^ 
reported in tavor of the pa-ssage of the saitie, and said bill was com- 
miited to the committee of the whole. 

Mr. Harris moved to take from the table the report of the committee 
of conference on Assembly bill entitled **An act making appropriations 
for the support of government.'* 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The President announced the pending question to be the motion of 
Mr. Woodin to dis^igree with that portion of the teport relating to the 
court of arbitration. 
After debate, 

Mr. Woodin moved that the question of agreeing to that 'portion ot 
the report ot the committee relating to the court of arbitration be laid 
upon the table. 

The President put the question whether the Senate would agree to said 
motion, and it was decided in the affirmative. 

The Assembly returned the following entitled bill, with a message that 
they had concurred in the amendments of the Senate thereto : 

"An act to legalize and confirm the oflScial acts of Jeffrey F, Thomas, 
88 assessor of the town of Sheldon, in the county of Wyoming, and to 
enable him to take the oath of office required bv the Constitution." 

(hdered^ That the Clerk return said bill to the Assembly. 

By unanimous consent, Mr. Jacobs asked and obtained leave to intro* 
diice a bill entitled '^Aa act to enable the city of Brooklyn to construct 
a public building," which was read the first time, and by unanimous con- 
Bent wa** also read the second time, and referred to the committee on 
the affairs of