The bill entitled "An act to amend chapter 176 of the Laws of 1879, entitled An act in relation to writs of error in behalf of the people in criminal cases'" was read the third time and passed.

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:

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

Mr. Pitts presented the Annual Report of the managers of the Western House of Refuge; which was laid upon the table and ordered printed.

(See Doc. No. 15.)

Mr. Lynde moved that the privileges of the floor be extended to ex-Senator Henry E. Turner, during his stay at the capital.

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

The Clerk announced the following as reporters of the Senate:

Associated Press, John H. Farrell; Evening Journal, Thurlow Weed Barnes; Albany Argus, Alden S. Huling; National Associated Press, H. R. Sewall; New York Times, Augustin Snow; New York Herald H. V. O'Connor; New York Commercial Advertiser, Hugh Hastings, Jr.; Brooklyn Eagle, W. C. Hudson; Brooklyn Free Press, Richard Bartholdt; Albany Press and Knickerbocker, T. Austin Williamson; Albany Express, Thomas J. Bishop; Albany Evening Times, H. Weifezahl; Albany Evening Post, R. M. Griffin; Utica Herald, H. D. Cunningham; Troy Daily Times, W. E. Kisselburgh; Troy Budget, Arthur McArthur; Troy Press, Henry McMillan; Syracuse Standard, Moses Summers; Syracuse Evening Herald, Arthur Jenkins; Rochester Union, George Moss; Buffalo Commercial Advertiser, O. G. Warren; Daily Saratogian, D. F. Ritchie; Truth, E. Ham.

Mr. Wendover offered the following:

Resolved (if the Assembly concur), That a respectful message be sent to His Excellency the Governor requesting the return of Senate bill entitled "An act relative to the justices of the peace in the county of Columbia designated and elected to hold courts of sessions in said. county, at the general election held on the 4th day of November, 1879," for amendment.

By unanimous consent,

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

On motion of Mr. Wendover, and by unanimous consent, the rules were suspended, and it was

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

Mr. Williams called for the consideration of the following resolution :

Whereas, There is a proposition, pending before a committee of Congress, to erect a swing bridge across Detroit river; and,

Whereas, Such a structure must of necessity seriously impede the navigation of the lakes, and materially interfere with the commerce of the same; and,

Whereas, The water route from Chicago to New York confessedly fixes railroad rates of the country; and,

Whereas, It is of vital importance that the water route be preserved free and unobstructed; therefore,

Resolved (if the Senate concur), That it is the sense of the Legislature of the State of New York, that the erection of such proposed structure would impede the navigation of the lakes, be prejudicial to the commerce of the country, and is therefore inexpedient and unwise. 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.

On motion of Mr. McCarthy, the Senate then went into executive session, and after some time spent therein the doors were opened, and the Senate resumed legislative business.

Mr. Loomis asked and obtained leave of absence until Tuesday morning.

Mr. Wendover asked and obtained leave of absence until Tuesday morning.

The Assembly returned the resolution recalling from the Governor the bill relative to the justices of the peace of the county of Columbia, with a message that they had concurred in the same.

Ordered, That the Clerk deliver said resolution to the Governor.

Mr. Birdsall moved that the privileges of the floor be extended to Hon. James M. Oakley.

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

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By unanimous consent, Mr. McCarthy introduced a bill entitled "An act to amend chapter 312 of the Laws of 1859, entitled An act to equalize the State tax among the several counties of this State, and to constitute a commission to revise the laws for the assessment and collection of taxes," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

On motion of Mr. Madden, the Senate adjourned.

FRIDAY, JANUARY 23, 1880.

The Senate met! pursuant to adjournment.

Prayer by the Chaplain.

The journal of yesterday was read and approved.

Mr. Baker, from the committee on canals, to which was referred the

bill introduced by Mr. Baker (introductory No. 66), entitled "An act making appropriations for the payment of the principal and interest of the canal debt for the fiscal year commencing on the 1st day of October, 1880," reported in favor of the passage of the same without amendment, which report was agreed to and said bill committed to the committee of the whole.

Mr. Baker, from the committee on canals, to which was referred the bill introduced by Mr. Baker (introductory No. 67), entitled "An act to authorize a tax of thirty-four one-hundredths of a mill per dollar of valuation to provide for a sinking fund under article 7, section 3, of the Constitution," reported in favor of the passage of the same without amendment, which report was agreed to and said bill committed to the committee of the whole.

Mr. Baker, from the committee on canals, to which was referred the bill introduced by Mr. Williams (introductory No. 26), entitled "An act to authorize the construction of a bridge over the Erie canal at Tonawanda. " reported in favor of the passage of the same without amendment, 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 introduced by Mr. Pitts (introductory No. 109), entitled "An act to amend an act entitled An act for the preservation of the public health,' passed April 10, 1850," reported in favor of the passage of the same with amendments, and the title amended so as to read as follows: An act to amend chapter 324 of the Laws of 1850, entitled An act for the preservation of the public health,'' which report was agreed to and said bill committed to the committee of the whole.

6

Mr. Robertson, from the committee on the judiciary, to which was referred the bill introduced by Mr. Astor (introductory No. 23), entitled "An act to prevent persons holding money securities or funds as trustees or otherwise from mingling the same with their own and to punish such offense," reported in favor of the passage of the same with amendments, 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 introduced by Mr. Madden (introductory No. 131), entitled "An act for the relief of John Waller," reported in favor of the passage of the same without amendment, which report was agreed to and said bill committed to the committee of the whole. Mr. Schroeder, from the committee on engrossed bills, reported as correctly engrossed the bill entitled as follows:

"An act further to amend chapter 147 of the Laws of 1876, entitled '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 on the same,' as amended by chapter 345 of the Laws of 1879."

The said bill having been announced for a third reading,

Mr. Bixby moved that said bill be recommitted to the committee on the judiciary, retaining its place on order of third reading.

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

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

"An act to incorporate the fire department of the village of Medina." "An act to declare the cases in which offices shall be deemed vacant."

"An act to amend section 2 of chapter 22 of the Laws of 1858, entitled An act to enable the electors of the town of Watervliet to vote by districts for the election of town officers,' as amended by section 1 of chapter 259 of the Laws of 1879."

After some time spent therein the President resumed the chair, and Mr. Sessions, 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. Sessions, from the same committee, reported in favor of the passage of the two last named bills, which report was agreed to, and the same ordered engrossed for a third reading.

On motion of Mr. Robertson, the Senate then went into executive session, and after some time spent therein, the doors were opened and the Senate resumed legislative business.

Mr. Pitts asked unanimous consent to suspend the rules and that the bill entitled "An act to incorporate the fire department of the village of Medina, " do now have its third reading.

Mr. Forster objecting thereto; after debate,

The President stated, that Rule 18 of the Senate clearly indicated that all bills shall be engrossed and reported by the committee on engrossed bills before they can be read the third time. And, although entertaining great doubts as to the application of rule 27 to the question at issue, he should, in deference to what seemed to be the sense of the Senate, rule that under rule 27 said bill can be read on a vote to that effect of two-thirds of all the Senators present and voting, but the ruling in this instance is not to be construed as a precedent governing his action in future cases of similar character.

Mr. Forster appealed from this ruling of the President.

Whereupon the President put the question, "shall the decision of the chair stand as the judgment of the Senate," and it was decided in the affirmative, as follows:

Sessions

FOR THE NEGATIVE.

1

Mr. Pitts then moved that said bill be read the third time.

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 Senators present voting in favor thereof, as follows:

Said bill was then read the third time and passed.

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:

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

Mr. Bixby moved that when the Senate adjourns to-day, it adjourn to meet on Monday evening next at 8 o'clock.

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

Mr. Hogan 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, JANUARY 26, 1880.

The Senate met pursuant to adjournment.

Prayer by the Chaplain.

The journal of Friday, January 23, was read.

Mr. Forster moved that the journal be amended by inserting after the words "Mr. Forster appealed from the ruling of the President, the words "and stated that he took this appeal with the view that the Senate should sustain the decision in this case so as to establish the precedent by vote of the Senate that a bill by a two-third vote can be read the third time on the same day that it is ordered to a third reading without being engrossed."

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

The journal as corrected was then approved.