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:

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

The Senate bill (No. 1502, Int. No. 454) entitled "An act making an appropriation for personal service and for maintenance and operation of the Labor Department," having been announced for third reading, Mr. Knight moved that said bill be recommitted to the committee on finance with instructions to said committee to amend and report the same forthwith, to be reprinted as amended and restored to its place in the order of third reading.

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

Mr. Hewitt, from the committee on finance, reported said bill amend as directed, and the same was ordered reprinted and placed on the order of third reading.

The Senate bill (No. 1190, Int. No. 1023) entitled "An act to amend the Civil Practice Act, in relation to the omission, in records on appeals, of matters not deemed necessary to the proper determination of such appeals," having been announced for third reading, Mr. Walton moved that said bill be recommitted to the committee on codes with instructions to said committee to amend and report the same forthwith, to be reprinted as amended and restored to its place in the order third reading.

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

Mr. Walton, from the committee on codes, reported said bill

amended as directed, and the same was ordered reprinted and placed on the order of third reading.

The Senate bill (No. 1081, Int. No. 937) entitled "An act to amend the Civil Rights Law, in relation to the dedication of the name or picture of any person for advertising or trade purposes," having been announced for third reading, Mr. Ferris moved that said bill be recommitted to the committee on the judiciary with instructions to said committee to amend and report the same forthwith, to be reprinted as amended and restored to its place in the order of third reading.

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

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

The Senate bill (No. 1249, Int. No. 1061) entitled "An act authorizing the city of Buffalo to acquire the lands authorized to be acquired by it by chapter one hundred and forty-two of the Laws of nineteen hundred and nine, which have not yet been acquired by said city, providing the purposes for which such lands may be used by said city, and confirming the acts of the city in purchasing parts of said lands," having been announced for third reading, Mr. Swift moved that said bill be recommitted to the committee on affairs of cities for a hearing, retaining its place on the order of third reading.

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

The Senate bill (No. 1291, Int. No. 1093) entitled "An act to authorize the Attorney-General to adjust and compromise certain penalties under section fifteen-a of chapter seven hundred and fifty-three of the Laws of eighteen hundred and fifty-seven, as added by chapter six hundred and sixty-six of the Laws of nineteen hundred and fifteen," having been announced for third reading, Mr. Swift moved that said bill be recommitted to the committee on finance for a hearing, retaining its place on the order of third reading.

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

Mr. Straus offered a resolution, in the words following: Whereas, Albert Einstein of Switzerland and Chaim Weitzmann of Great Britain are now visiting our State; and

Whereas, The purpose of their visit is to cement the bonds of unity between the United States and her neighbors abroad in the great struggle for human progress and happiness and especially to unite the old world and the new in establishing a cultural center for the Jews of the World in Palestine; and

Whereas, The achievements of Dr. Einstein in the spheres of physics and astronomy have commanded the attention and the admiration of the entire civilized world, and the record of Dr. Weitzmann, as a chemist during the World War, has made the people of the allied and associated powers his debtors; and

Whereas, It is the desire of the Commonwealth of New York to make these distinguished visitors feel that every true American heart goes out to them in cordial welcome; therefore, be it

Resolved, That (if the Assembly concur) the people of the State of New York extend to Dr. Albert Einstein, Dr. Chaim Weitzmann and their associates the hand-clasp of fellowship and a heartfelt welcome.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative. Ordered, That the Clerk deliver said resolution to the Assembly and request their concurrence therein.

Mr. Katlin offered a resolution, in the words following:

Whereas, The Public Service Commission of the Second District has recently granted an order permitting the telephone companies serving the people of Greater New York to increase their rates for charges 20 per centum, and denying to the people of Greater New York the eight per centum reduction in the charge which previously existed, which order means virtually an increase of twenty-eight per centum in the existing rates for telephone service in Greater New York; and

Whereas, Such increase at this time is entirely at variance with the crying necessity for reduction in prices of all commodities and public service charges necessary to encourage a revival of business;

Be it Resolved, That the Public Service Commission of the Second District be requested to forthwith furnish the Senate with information and data showing their reasons for granting such an increase in rates and charges to the telephone companies supplying the residents of Greater New York with service.

Ordered, That said resolution be referred to the committee on public service.

Mr. Walker offered a resolution, in the words following:

Whereas, The attempted enforcement of the Volstead Act with its extreme, erroneous and arbitrary definition of the term "intoxicating liquor," and the denial by Congress to the several States of the right of enforcement of the 18th Amendment for State purposes conferred by the second section of the 18th Amendment which gives each State "concurrent jurisdiction" for the purposes of enforcement, has resulted in gross violation and profound contempt for law which is destructive of an orderly system of government; and

Whereas, The consensus of authentic, reliable and sound scientific opinion is at variance with the definition of "intoxicating liquors" fixed by Congress; and

Whereas, The overwhelming sentiment of the State of New York is in favor of that degree of latitude and liberality in the definition of the term "intoxicating liquors" which is allowable under the 18th Amendment and which will legalize the manufacture and sale of light wines and beer; and

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Whereas, By State legislation it is provided that "the phrase 'intoxicating liquor,' shall have the meaning defined by Congress from time to time hereafter for the purpose of enforcing the provisions of the 18th Amendment to the Constitution of the United States."

Be it Resolved (if the Assembly concur), That the Congress of the United States be and hereby is respectfully and urgently requested to modify with all convenient speed the provisions of the Federal statute known as the Volstead Act so that the definition of the term "intoxicating liquor" shall be as follows: The term "intoxicating liquors" shall mean a beverage having more than 2.75 per cent. of alcohol by weight but this definition shall be without prejudice to the right of the several States to adopt and enforce whatever definition they see fit, provided such State definitions do not violate the first section of the 18th Amendment which prohibits the production, transportation or sale of actual intoxicants, to the end that whilst interstate and foreign commerce. shall be regulated by Congress, each State shall be at liberty to define "intoxicating liquors " for the purposes of its own internal affairs.

Ordered. That said resolution be referred to the committee on the judiciary.

Mr. Swift moved that the committee of the whole be discharged from the consideration of Senate bill (No. 1494, Int. No. 1211) entitled "An act to amend the Military Law, gen[SENATE JOURNAL] 131

erally," and that the said bill be amended, reprinted and recommitted 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 Assembly returned the Senate bill (No. 714, Int. No. 647) entitled "An act to amend the Tax Law, in relation to income tax deductions."

Also, Senate bill (No. 818, Int. No. 741) entitled "An act to amend the Code of Criminal Procedure, in relation to the jurisdiction of the county court of Suffolk county."

Also, Senate bill (No. 54, Int. No. 53) entitled "An act to amend the Prison Law, in relation to permitting inmates in State reformatories to attend funeral and last illness of near relatives."

Also, Senate bill (No. 1138, Int. No. 793) entitled "An act to amend the County Law, in relation to the creation of county pur chasing departments and agencies."

Also, Senate bill (No. 915, Int. No. 814) entitled "An act to provide for the construction and maintenance of an incinerator, for the purpose of consuming by heat or fire all garbage or refuse, or like matter, in the village of Port Chester, and to provide means for the payment therefor."

Also, Senate bill (No. 988, Int. No. 871) entitled "An act to amend the Religious Corporations Law, in relation to sale, mortgage and lease of real property."

Also, Senate bill (No. 1021, Int. No. 743) entitled "An act to amend the Banking Law, in relation to powers of banks."

Also, Senate bill (No. 630, Int. No. 498) entitled "An act to amend chapter four hundred and five of the Laws of eighteen hundred and fifty-seven, entitled 'An act to reorganize the warden's office of the port of New York,' generally."

Also, Senate bill (No. 100, Int. No. 99) entitled "An act to amend the Tenement House Law, generally."

Also, Senate bill (No. 983, Int. No. 866) entitled "An act to amend the County Law, in relation to tuberculosis clinics."

Also, Senate bill (No. 1069, Int. No. 932) entitled "An act making an appropriation for highway improvement purposes in Essex county of the one-half of the unexpended balance of Essex county's share of moneys derived from the second bond issue for State road construction.”