"An act to amend the Penal Code, in relation to indeterminate sentences to the State prisons" (No. 156, Rec. No. 33), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

The Senate bill (No. 176) entitled "An act to amend chapter 615 of the Laws of 1895, entitled 'An act providing for the payment of $500 to the executor or administrator of a volunteer fireman who dies from injuries incurred in the performance of his duties'" (Int. No. 163), having been announced for a third reading,

Mr. Keenan moved that said bill be recommitted to the com mittee on affairs of cities, with instructions to said committee to report the same forthwith amended as follows:

After the enacting clause insert the following:

"Section 1. Section one of chapter six hundred and fifteen of the laws of eighteen hundred and ninety-five is hereby amended to read as follows."

Amend the title to read as follows:

"An act to amend chapter six hundred and fifteen of the laws of eighteen hundred and ninety-five, entitled 'An act providing for the payment of five hundred dollars to the executor or administrator of a volunteer fireman who dies from injuries incurred in the performance of his duties' in relation to applying the provisions thereof to cities."

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

Mr. White, from the committee on affairs of cities, reported said bill amended as directed, and the same was ordered reprinted and placed on the order of third reading.

Mr. White moved that the Assembly bill (No. 78, Senate reprint No. 266) entitled "An act creating the office of purchasing agent for the county of Onondaga, and prescribing his powers and duties" (Rec. No. 3), be recommitted to the committee on internal affairs of towns and counties, with instructions to amend as indicated and report forthwith, and that said bill be reprinted as amended, retaining its place on the order of third reading. Page 1, line 3, strike out the last word in the line and all of [SENATE JOURNAL.]

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line 4 to the word "term" and insert in place thereof the words "fix his."

Strike out all of line 5 and all of line 6 to the word "dollars" and insert in place thereof the words "purchasing agent shall receive a salary of two thousand."

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

Mr. Coggeshall 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.

Whereupon, the Senate adjourned.

MONDAY, FEBRUARY 12, 1906.

The Senate met pursuant to adjournment.

The Temporary President in the chair.

Prayer by Rev. Edgar H. Brown.

The journal of Friday, February 9, was read and approved. The President presented a communication, in the words fol lowing:

IN THE BOARD OF ALDERMEN.

Resolved, That it is the sense of the board of aldermen of the city of New York that chapter 729 of the Laws of 1905, known as the "Mortgage Tax Law," should be repealed; that a careful investigation by the members of this body shows that the expense of collecting the tax is out of proportion to the tax; that it has resulted in an increased rate of interest being paid by borrowers of one-half of one per cent., thereby adding to the burden of the real estate owner who is in debt, allowing the rich owner to benefit by this tax to which he does not contribute; be it further

Resolved, That it is the opinion of this board that the continuance of this law is detrimental to the growth of the city; that every additional charge put upon real estate can but in the end causes increased rentals; and that cheap rentals are of necessity for the life of the great city.

Said communication was referred to the committee on taxation and retrenchment.

Also, the following:

IN THE BOARD OF ALDERMEN.

CITY OF NEW YORK, OFFICE OF THE MAYOR,
January 23, 1906.

To the Honorable Board of Aldermen of the City of New York:

Gentlemen. There is now pending before the State Legislature a bill designed to fix the maximum price of gas in the boroughs of Manhattan and the Bronx, the borough of Brooklyn (except that portion known as Coney Island), and in the First ward of the borough of Queens, at 80 cents per 1,000 feet, and to provide for reductions of similar proportions in the other parts of the city. A similar measure suffered defeat in the last session of the Legislature, partly, I regret to say, through the votes of a number of Senators from this city, who endeavored to excuse their action by stating that the sentiment in favor of the bill did not emanate from the people of the city, notwithstanding my request as mayor that the Senators support the bill.

In view of the importance of the bill now pending, and to prevent, if possible, a recurrence of the action of last year, so unjust to New York, I respectfully recommend to your honorable board that you, as representatives of the several sections of this municipality, give public expression to the universal demand for the passage of this measure.

Respectfully,

GEO. B. MCCLELLAN, Mayor.

Whereas, A committee was appointed by the Legislature of 1905, on the motion of Hon. Alfred R. Page, Senator from the Nineteenth District in this city, to investigate, among other things, the price of gas in this city; and

Whereas, That committee reported a bill to the Legislature fixing the maximum price of gas in the boroughs of Brooklyn, Manhattan, and the First ward of Queens, at 80 cents per 1,000 cubic feet, but said bill was defeated in the Senate, by reason of the opposition of certain Senators from this city; and

Whereas, Senator Page has, at the present session of the Legislature, introduced a similar bill in the Senate, and his honor the mayor has, by message, called the attention of the board of aldermen to said bill and its importance to the city of New York, and has recommended that we, as representatives of the several sections of this municipality, give public expression to the universal demand for the passage of this measure;

Resolved, That the board of aldermen of the city of New York, appreciating the universal demand by the people of that city for

the prompt passage of this measure, does urge the members of the Senate and Assembly to give their support to the bill to the end that the same may speedily become a law; and, further

Resolved, That a copy of these resolutions be sent to the President of the Senate and Speaker of the Assembly.

JOHN D. GUNTHER,

JOSEPH L. ELLERY,

THOMAS J. MOFFITT,

MICHAEL STAPLETON,

HENRY CLAY PETERS,
JOHN J. HAHN,

R. S. DOULL,

FREDERICK LINDE.

Said communication was referred to the committee on miscellaneous corporations.

Mr. Drescher introduced a bill entitled "An act to amend the Forest, Fish and Game Law by providing for the appointment of game protectors for Jamaica bay and adjacent waters on Long Island and making an appropriation therefor" (Int. No. 330), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Drescher, and by unanimous consent, the rules were suspended and said bill ordered to a third reading and referred to the committee on finance, retaining its place on the order of third reading.

Mr. Cooper introduced a bill entitled "An act to authorize and empower corporations in the borough of Brooklyn, city of New York, organized for educational, artistic, scientific, literary or library purposes to consolidate with, merge in, or enter into contracts with, the University of Brooklyn, and to authorize and empower the city of New York to establish and maintain such university" (Int. No. 331), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on affairs of cities.

Also, a bill entitled "An act to amend the Civil Service Law, in relation to veterans" (Int. No. 332), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Cooper, and by unanimous consent, the rules were suspended and said bill ordered to a third reading and referred to the committee on the judiciary, retaining its place on the order of third reading.

Mr. Fitzgerald introduced a bill entitled "An act authorizing the police commissioner of the city of New York to reinstate detective sergeants" (Int. No. 333), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Fitzgerald, and by unanimous consent, the rules were suspended and said bill ordered to a third reading and referred to the committee on affairs of cities, retaining its place on the order of third reading.

Mr. Marks introduced a bill entitled "An act to amend chapter 9, title 4, article 1 of the Code of Civil Procedure relating to documentary evidence by adding thereto a new section to be known as section 931-a, providing for the use by a witness of a book, paper or memorandum" (Int. No. 334), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

Also, a bill entitled "An act to further amend section 5 of chapter 553 of the Laws of 1895, as amended by section 5 of chapter 959 of the Laws of 1895, as amended by chapter 204 of the Laws of 1905, entitled 'An act in relation to the Supreme Court in the First Judicial District and the Appellate Division thereof,' making provision for the appointment by said Appellate Division in the First Department of official referees and for their compensation" (Int. No. 335), 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. Hawkins introduced a bill entitled "An act to amend the Greater New York charter by adding a new title thereto, relative to the retirement fund for the benefit of the employees of the system of water distribution in the department of water supply, gas and electricity, of the city of New York" (Int. No. 336), which was read the first time, and by unanimous consent was