mingling the same with their own, and to punish such offense," 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. Mr. Astor introduced a bill entitled "An act relating to certain assessments for local improvements in the city of New York," which was read the first time, and by unanimous consent was also read the sec ond time, and referred to the committee on cities, when appointed. Mr. Astor introduced a bill entitled "An act to regulate the rate of fare to be charged and collected by persons or corporations operating elevated railroads 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 cities, when appointed. Mr. Astor introduced a 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," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities, when appointed. Mr. Astor introduced a bill entitled “ An act for the removal of the reservoir situated in the city of New York, between Fortieth and Fortysecond streets," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities, when appointed. Mr. Pitts introduced a bill entitled "An act to incorporate the Grand Council of Royal Templars of Temperance of the State of New York, and to provide for the organization of select councils,” which was read the first time, and by unanimons consent was also read the second time, and referred to the committee on miscellaneous corporations, when appointed. Mr. Winslow introduced a bill entitled "An act to amend an act entitled An act for the preservation of moose, wild deer, birds, fish and other game', passed June 20, 1879," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on game laws, when appointed. Mr. Schroeder introduced a bill entitled "An act to regulate elections 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 cities, when appointed. Mr. Schroeder introduced a bill entitled "An act in relation to the government 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 cities, when appointed. Mr. Schroeder introduced a bill entitled "An act to amend chapter 511, Laws of 1879, passed June 16, 1879, entitled 'An act additional to chapter 372, entitled An act to amend an act relating to the rates of wharfage, and to regulate piers, wharves, bulk-heads and slips in the cities of New York and Brooklyn,' passed May 6, 1870," 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, when appointed. Mr. Stevens introduced a bill entitled "An act to enforce the col lection of the taxes levied in the county of Oneida," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns and counties, when appointed. Mr. Williams introduced a bill entitled "An act to establish a police department in the city of Buffalo, and to provide for the government thereof," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities, when appointed. Mr. Williams introduced a bill entitled "An act to amend chapter 80 of the Laws of 1853, entitled 'An act to amend section 22 of chapter 20 of title one of the first part of the Revised Statutes (fourth edition) in relation to the superintendents of the poor," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns and counties, when appointed. Mr. Williams introduced a bill entitled "An act to authorize the construction of a bridge over the Erie canal at Tonawanda, Erie county, New York." which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals, when appointed. Mr. Williams introduced a bill entitled "An act to incorporate the Temple Beth Zion of Buffalo, 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, when appointed. Mr. Williams introduced a bill entitled "An act to amend chapter 498 of the Laws of 1847, entitled An act to authorize the election of county superintendents of the poor and county treasurers by the people,'" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns and counties, when appointed. Mr. Halbert offered the following: Resolved (if the Assembly concur), That when the legislature adjourns to-day, it be to meet again on Tuesday, January 13, at eight o'clock P. M. Mr. Forster moved to amend the resolution by striking out "Tuesday, January 13, at eight P. M.," and inserting "Wednesday, January 14, at 11 A. M." 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. Ordered, That the clerk return said resolution to the Assembly with a message requesting their concurrence. Mr. Forster offered the following: Resolved (if the Assembly concur), That section 6 of article 6 of the constitution be amended so as to read as follows: SECTION 6. There shall be the existing Supreme Court with general jurisdiction in law and equity subject to appellate jurisdiction of the Court of Appeals as now is or may be prescribed by law; and it shall be composed of five justices residing in each district which shall include the justices now in office who shall continue their respective [SENATE JOURNAL.] 4 terms, and their successors in office. There may be allowed by law a greater number not exceeding seven to the district in which is the city of New York. The existing judicial districts of the State are continued until changed pursuant to this section. The legislature may alter the districts without increasing the number, once after each enumeration under this constitution of the inhabitants of the State. Resolved (if the Assembly concur), That section 13 of article 6 of the constitution be amended by adding at the end thereof: "Provision may be made by law for a pension to the judges of the Court of Appeals and of the Supreme Court and of the courts mentioned in the last preceding section who cease to hold their office by reason of age, or who resign after five years' continuous service by reason of incapacity caused by impaired health arising during service, such pension not to exceed two-thirds of the annual salary at the time of ceasing to hold such office." Resolved (if the Assembly concur), That the foregoing amendments be referred to the legislature to be chosen at the next general election of senators, and that in conformity with section first of article 13 of the constitution it be published for three months previous to the time of such election. Ordered, That said resolutions be referred to the committee of the judiciary. Mr. Forster offered the following: Resolved (if the Assembly concur), That article 8 of the constitution be amended by adding thereto the following sections: § 12. The local government of every incorporated city shall be vested in a mayor and common council chosen by the electors thereof. The common council may consist of one board, or of two boards; if of two boards they shall be of unequal numbers and the smaller shall not be more in number than one-third of the larger board; if of one board, it shall consist, and if of two boards, the larger shall consist of not less than a number equal to one for every thirty thousand of population, chosen by districts, not more than three by a district. The local government of every city shall have exclusive power to levy taxes and to regulate expenditures for local purposes, and to establish the compensation to be paid to officers of the city, and of all persons employed in its service. No money shall be paid out of the treasury of a city except in pursuance of an appropriation by its common council; provided that money paid into a city treasury for taxes due to the State may be transferred to the treasury of the State without an appropriation. The mayor shall appoint the heads of all administrative departments of the local government, by granting commissions to expire with his own term of offie. He may remove heads of departments on filing a statement of his reasons with the clerk of the common council, provided that the Governor shall in writing approve of such removal. He shall fill all vacancies occurring among heads of departments, the same consent on the part of the common council or of the smaller board thereof, being required as in the case of original appointments, and the commission to expire with his own term. Heads of departments shall appoint and may remove their subordinates. The mayor shall have the same power of approval or disapproval of the acts, ordinances or resolutions of the common council, and with the like effect, as is possessed by the Governor in respect to bills passed by the legislature; and in addition he may disapprove of any item or items of taxation in the same manner and with like effect as the Governor is empowered to disapprove of items of appropriation of money. The common council shall have the same power on reconsideration, to overcome the mayor's disapproval as is possessed by the legislature to overcome the disapproval of the Governor: Provided, That in case of the mayor's disapproval of any act, ordinance or resolution contracting or authorizing debts, fixing the compensation of officers of the city, or of persons employed in its service, levying taxes or appropriating money, or of any item or items thereof, the common council shall not have power to overcome his disapproval. Questions of reconsideration, after disapproval by the mayor, shall be decided within ten days after the mayor shall have made known his disapproval. The mayor shall make known his disapproval of an act, ordinance or resolution, or of any item or items thereof, within ten days after the same shall have been submitted to him; in case the common council be not in session, it shall be sufficient that he file his disapproval with the clerk thereof. For the purpose of reconsideration in cases of disapproval by the mayor, the common council may meet in special session without being convened by the mayor. Each board shall choose its own officers; when the common council consists of two boards, the clerk of the smaller board shall be clerk of the common council. § 13. No city shall incur an aggregate of indebtedness exceeding ten per centum of the aggregate assessed valuation of the estates subject to taxation by it; and it shall be felony to authorize or issue evidences of debt in excess of such per centum. No debt shall be contracted by or in behalf of a city unless such debt shall be authorized by an act or ordinance of its local government for some single work or object, to be distinctly specified therein, nor unless the same shall have been separately authorized by a special act of the legislature, which act shall also distinctly specify the single work or object for which the debt is authorized. Nothing herein shall limit the issuing of bonds by a city in anticipation of its revenue for the year, and payable therefrom. §14. The local government of every city shall levy every year, taxes sufficient to pay the interest for the year on its indebtedness, and such a sum in addition as will, with the accumulations of interest, pay the principal in twenty years from the dates when the evidences of debt were respectively issued. It shall also levy taxes every year sufficient to pay the city's share of taxes levied by the State for the general purposes of the State. The local government may every year levy taxes for local purposes to the extent of one per centum and one-half of one per centum of the aggregate assessed valuation of the estate subject to taxation by it, and no more. The legislature may, in time of war, pestilence, or other great public calamity, authorize the incurring by the local government of additional indebtedness, or the levying of additional local taxes or both, the proceeds of such debt or taxes to be applied solely to the special purposes thereof. § 15. From and after the adoption of this amendment to the constitution, all existing charters of cities shall be subject to the restraints and modifications thereof: Provided, That any common council in existence at the time of the adoption thereof, although not constituted as directed hereby, may continue for one year thereafter, and no longer, the exercise of its powers, subject to the limitation and restraint hereby imposed, unless the legislature shall otherwise direct. 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 referred to the committee of the judiciary. Mr. McCarthy gave notice that he would at some future day move to amend Rule 47 of the Senate by inserting after the word "thereof," in line 4, the words "unless otherwise ordered by a majority of all the senators elected." Mr. McCarthy offered the following: Resolved, That Robert M. Richardson be appointed clerk of the committee on finance; James H. Moran, clerk of the committee on judiciary, and Chauncey O. Abbott, clerk of the committee on cities, during the sessions of the Senate for 1880 and 1881. The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative as follows: The Clerk announced the following appointments: Librarian-Stafford Mosher. Assistant Librarian-James D. Lasher. Clerk and Bank Messenger-Leland L. Kane. General Messengers-Charles T. McCord and John M. Losie. The Assembly returned the concurrent resolution providing for the adjournment of the Legislature until Tuesday evening, January 13, at 8 o'clock, with a message that they had concurred in the passage of the same. On motion of Mr. Sessions the Senate adjourned. TUESDAY, JANUARY 13, 1880. The Senate met pursuant to adjournment. Prayer by the Chaplain. The journal of Wednesday, January 7, was read and approved. |