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THURSDAY, FEBRUARY 1, 1906.

The Senate met pursuant to adjournment.

Prayer by Rev. Charles McKenzie.

The journal of yesterday was read and approved.

The President presented the following communication:

Whereas, The recent municipal election awakened the people of this city to a thoughtful consideration of the principles of municipal ownership and operation of public utilities; and

Whereas, This condition is largely due to the imperfect and oppressive service rendered through private enterprise in the operation of such utilities; and

Whereas, The effective means of checking and correcting such abuses is the power of the municipal government to exercise complete control over such utilities; therefore,

Resolved, That the Board of Aldermen of the city of New York do respectfully petition the Legislature of the State to enact such measures as will enable this city to assume and exercise complete control over all public utilities.

Said communication was referred to the committee on affairs of cities.

Mr. Barnes introduced a bill entitled "An act to increase the number of justices of the Supreme Court in the Third Judicial District of the State, and to provide an additional justice therein" (Int. No. 246), 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. Prime introduced a bill entitled "An act to legalize the action of a meeting of the village of Rouses Point in adopting a resolution relating to the organization of a public free library and authorizing the library trustees of said village to accept the conditions of a certain will" (Int. No. 247), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Prime, 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. Malby introduced a bill entitled "An act making an appropriation for the rebuilding of the sewerage system, and other repairs, to the quarantine establishment on Swinburne island" (Int. No. 248), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Mr. Cassidy introduced a bill entitled "An act to amend the Code of Civil Procedure, in relation to taking exceptions upon the trial" (Int. No. 249), which was read the first time, and by unanimous consent was also read the second time.

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

Mr. L'Hommedieu introduced a bill entitled "An act to amend the Liquor Tax Law in relation to cancellation of liquor tax certificates" (Int. No. 250), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on taxation and retrenchment.

Mr. Fitzgerald introduced a bill entitled "An act to prohibit the issue or giving away of gift tickets, coupons or other memorandum in connection with the sale of cigars or cigarettes or tobacco" (Int. No. 251), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

The Assembly sent for concurrence the following entitled bill: "An act to amend chapter 414 of the Laws of 1887, entitled 'An act for the reorganization and incorporation of Syracuse University,' relative to removing the limitation on the amount of property the university can take and hold" (No. 247, Rec. No. 11), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. White, 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. Coggeshall, from the committee on engrossed bills, reported the following entitled bills as correctly printed or engrossed: "An act to amend subdivision 5 of section 3228 of the Code of Civil Procedure, relating to costs." (No. 80, Int. No. 80.)

"An act to amend subdivisions 2 and 3 of section 15 of article 2 and section 121 of article 4 of chapter 300 of the Laws of 1904, entitled 'An act to revise and consolidate the several acts relative to the city of Niagara Falls in relation to aldermen.” (No. 107, Int. No. 107.)

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Barnes, Int. No. 133, entitled "An act to legalize, ratify, approve and confirm the issue and sale of a series of $181,500 registered additional water works bonds of the city of Troy, dated the first day of September, 1905, and to legalize, ratify, approve and confirm all the acts and proceedings under which said bonds were issued and sold" (No. 149), reported in favor of the passage of the same with some amendments, which report was agreed to.

On motion of Mr. Barnes, and by unanimous consent, the rules were suspended and said bill ordered to a third reading.

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Smith, Int. No. 99, entitled "An act to amend section 3 of chapter 13 of the Laws of 1870, entitled 'An act to incorporate the board of missions of the Protestant Episcopal Church in the diocese of Albany, relating to the persons who shall constitute the board of missions, and to insert a new section therein to be known as section 3-a legalizing the acts of the present board of missions" (No. 99), reported in favor of the passage of the same, which report was agreed to and said bill restored to its place on the order of third reading.

Mr. Armstrong, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill introduced by Mr. Hammond, Rec. No. 3, entitled "An act creating the office of purchasing agent for the county of Onondaga, [SENATE JOURNAL.] 13

and prescribing his powers and duties" (No. 78), reported in favor of the passage of the same with some amendments, which report was agreed to.

On motion of Mr. White, and by unanimous consent, the rules were suspended and said bill ordered to a third reading.

Mr. Armstrong, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill introduced by Mr. Cowan, Rec. No. 5, entitled "An act to authorize the town board of the town of Tompkins, Delaware county, to construct an iron bridge across the west branch of the Delaware river at or near the present fordway at Granton postoffice in said town, and to issue the bonds of such town therefor" (No. 160), reported in favor of the passage of the same, which report was agreed to and said bill restored to its place on the order of third reading.

Mr. Armstrong, from the committee on internal affairs of towns and counties, to which was referred the bill introduced by Mr. Gates, Int. No. 68, entitled "An act to amend chapter 118 of the Laws of 1897, entitled 'An act to make the office of county clerk of Oswego county a salaried office, and regulating the management of said office, and fixing the salary of said clerk and his assistants,' in relation to salary of miscellaneous clerk" (No. 68), reported in favor of the passage of the same, which report was agreed to and said bill committed to the committee of the whole.

Mr. Armstrong, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill introduced by Mr. Cowan, Rec. No. 4, entitled "An act to legalize and confirm the proceedings of the board of education and legal voters of union free school district No. 21, of the town of Colchester, Delaware county, relative to the levy of a tax and the issuance and sale of a certain district bond of said district" (No. 115), reported in favor of the passage of the same, which report was agreed to and said bill restored to its place on the order of third reading.

Mr. Armstrong, from the committee on internal affairs of towns and counties, to which was referred the bill introduced by

Mr. Wilcox, Int. No. 137, entitled "An act to make the office of the county clerk of Cayuga county a salaried office and regulating the management of said office" (No. 152), reported in favor of the passage of the same, which report was agreed to and said bill committed to the committee of the whole.

Mr. Armstrong, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill introduced by Mr. Gregory, Rec. No. 1, entitled "An act to make the office of supervisor in the county of Onondaga a salaried office, and to regulate the sessions of the board of supervisors in said county" (No. 79), reported in favor of the passage of the same with some amendments, which report was agreed to.

On motion of Mr. White, and by unanimous consent, the rules were suspended and said bill ordered to a third reading.

The Assembly bill (No. 80) entitled "An act to amend chapter 585 of the Laws of 1865, entitled 'An act to establish the Cornell University, and to appropriate to it the income of the sale of public lands granted to this State by Congress, on the 2d day of July, 1862, also to restrict the operation of chapter 511 of the Laws of 1863,' relative to the board of trustees (Rec. No. 7), was read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, the same having been printed and upon the desks of the members in its final form for three calendar legislative days, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

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Ordered, That the Clerk return said bill to the Assembly, with

a message that the Senate have concurred in the passage of the

same.

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