Mr. Sessions moved that all the proceedings of the Senate under the appeal from the ruling of the President, as appears in the journal of Friday, January 23, be expunged therefrom.

The President put the question, and no quorum voting thereon, The President directed the Clerk to call the roll, when the following Senators answered to their names:

No quorum appearing to be present,

Mr. Madden 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.

TUESDAY, JANUARY 27, 1880.

The Senate met pursuant to adjournment.

Prayer by the Chaplain.

The journal of yesterday was read and approved.

The President announced the pending question at the time of the adjournment of the Senate last evening to be the motion of Mr. Sessions, "That all proceedings of the Senate under the appeal from the ruling of the President, as appears in the journal of Friday, January 23, be expunged therefrom."

By unanimous consent, the consideration of said motion was laid over until the order of business of "motions and resolutions."

Mr. Schroeder, from the committee on engrossed bills, reported as correctly engrossed 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."

Mr. Astor presented a petition of citizens of New York relative to providing separate institutions for the detention and reformation of convicted women; which was read and referred to the committee on State prisons.

Mr. Mills presented a petition of tax payers and residents of the town of Manheim, for an act authorizing the town to purchase a stone crusher; which was read and referred to the committee on internal affairs of towns and counties.

A message was received from the Governor in the words following: STATE OF NEW YORK, EXECUTIVE CHAMBER, ALBANY, January 23, 1880.

To the Senate:

}

In accordance with a joint resolution of the Senate and Assembly,

I return herewith for amendment Senate bill introductory No. 1, 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 fourth day of November 1879.

ALONZO B. CORNELL.

Mr. Wendover moved that said bill be laid upon the table. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

The President presented the Annual Report of the New York Infant Asylum for the year ending December 31, 1879.

Ordered, That said report be laid on the table and printed. (See Doc. No. 17.)

Also the Annual Report of the Trustees of Cooper Union. Ordered, That said report be laid on the table and printed. (See Doc. No. 19.)

Mr. Seebacher presented the report of the Hebrew Sheltering Guardian Society of New York.

Ordered, That said report be laid on the table and printed.

(See Doc. No. 18.)

Mr. Lynde introduced a bill entitled "An act to authorize the Ogdensburgh and Lake Champlain Railroad Company to issue bonds and to execute a mortgage to raise funds to provide for the retirement of its preferred stock and other purposes," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

Mr. Madden introduced a bill entitled" An act to authorize the president and secretary of any railroad company to issue certificates of stock in certain cases after a foreclosure and sale of the property and franchises of the corporation," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

Mr. Strahan introduced a bill entitled "An act in relation to the proceedings in the surrogate's court of the county of New York, and the authority of the chief clerk to said surrogate," 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. Strahan introduced a bill entitled "An act in relation to the proceedings in the surrogate's court of the county of New York, and the powers and jurisdiction of the surrogate thereof," 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. Strahan introduced a bill entitled "An act to amend an act entitled An act in relation to proceedings in surrogates' courts and to the fees of surrogates and the compensation of executors and administrators, and to a clerk for surrogates,' passed May 2, 1863, and also to amend an act entitled An act in relation to special administrators or collectors of the goods of deceased persons,' passed March 26, 1864," 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. Seebacher introduced a bill entitled "An act declaratory of and to amend chapter 109 of the Laws of 1878, entitled An act to amend [SENATE JOURNAL.]

9

chapter 628 of the Laws of 1857, entitled An act to suppress intemperance and to regulate the sale of intoxicating liquors, and the acts amendatory thereof," 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.

Mr. Wagner introduced a bill entitled "An act to amend the Code of Civil Procedure," 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. Wagner introduced a bill entitled "An act to amend the general assignment act of 1877," 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. Wendover introduced a bill entitled "An act to authorize the common council of the city of Poughkeepsie to construct a building for recorder's court room, police head-quarters, lock-up and city offices and to provide means for the payment therefor," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

Mr. Mills introduced a bill entitled "An act to authorize the purchase of a stone crusher by the town of Manheim," 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.

Mr. Loomis introduced a bill entitled "An act to confirm the proceedings of the board of trustees of the village of Attica relating to the sale and purchase of real estate," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on villages.

Mr. Stevens introduced a bill entitled "An act to establish a police and fire commission and official board in the city of Rome, and to amend and change in certain respects an act passed February 23, 1870, entitled 'An act to incorporate the city of Rome,'" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

Mr. Robertson introduced a bill entitled "An act to amend the Code of Civil Procedure," 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. Astor introduced a bill entitled "An act to regulate the sale of milk in the cities of New York and Brooklyn, and to provide for its inspection," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

Mr. Astor introduced a bill entitled "An act to authorize certain commissioners named in chapter 272 of the Laws of 1879, for the erection of an armory in the city of New York to take lands therefor by lease for 99 years," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

Mr. Murtha introduced a bill entitled "An act to amend chapter 863 of the Laws of 1873, entitled An act to amend the charter of the city of Brooklyn and the various amendments thereof," which was

read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

Mr. Murtha introduced a bill entitled "An act to amend chapter 353 of the Laws of 1878, entitled An act in relation to the term of office of the clerk and assistant clerk of the board of supervisors of Kings county and the engineers of the county court-house in said. county," 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. Murtha introduced a bill entitled "An act to amend chapter 404 of the Laws of 1878, entitled An act to provide for the support, treatment and care of pauper, destitute and delinquent children,' passed June 8, 1878," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on poor laws.

Mr. Williams introduced a bill entitled "An act for the relief of the Buffalo Surgical Infirmary," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on public health.

Mr. Jacobs introduced a bill entitled "An act in relation to pilotage in the port 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 commerce and navigation.

Mr. Williams introduced a bill entitled "An act to amend an act entitled 'An act relating to courts, officers of justice and civil proceedings,' passed June 2, 1876," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

The bill entitled "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 I of chapter 259 of the Laws of 1879," 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.

The bill entitled "An act to declare the cases in which offices shall be deemed vacant," 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:

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

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

The President then announced the pending question, namely the motion of Mr. Sessions" that all proceedings of the Senate under the appeal from the ruling of the President, as appears in the journal of Friday, January 23, be expunged therefrom.

After debate,

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

Mr. Lord, on behalf of Mr. Winslow, presented the following: Resolved (if the Assembly concur), That a special joint committee be constituted to consist of three members of the Senate to be appointed by the Lieutenant-Governor, and five members of the Assembly to be appointed by the Speaker to consider the matter of a revision of the tax laws of this State and of amendments thereto; also the best methods of taxation, such committee to report at as early a day as practicable in the present session.

Ordered, That said resolution be laid on the table under the rule. Mr. Rockwell presented the following:

Resolved, That the Clerk of the Senate be and he is hereby authorized to procure one copy of Webster's Dictionary, two copies of the Bankers' Code of the State of N. Y., and two copies of the compedium of the Insurance Laws of the State, to be placed and kept in the Senate library for the use of the Senate.

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