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

The bill entitled "An act to authorize a tax of thirty-four onehundredths of a mill per dollar of valuation to provide for a deficiency in the sinking fund under article 7, section 3, of the Constitution, 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:

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

The bill entitled "An act for the relief of John Waller," having been announced for a third reading, Mr. Jacobs moved that said bill be recommitted to the committee on the judiciary.

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

Mr. Baker offered the following:

Resolved, That a committee of two be appointed to wait upon the Honorable the Assembly and inform that body of the election of Hon. William H. Robertson as President pro tempore of the Senate.

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

The President appointed as such committee Messrs. Baker and Bixby Mr. Loomis offered the following:

Resolved, That a committee of two be appointed to wait upon His Excellency the Governor and inform him of the election of Hon. William H. Robertson as President pro tempore of the Senate.

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

The President appointed as such committee Messrs. Loomis and Jacobs.

Mr. Woodin offered the following:

Resolved, That the committee on privileges and elections, to which was referred the petition of John W. Browning, contestant claiming the seat of Robert H. Strahan sitting member of the Eighth Sena

torial district; and also the petition of George B. Anderson, contestant, claiming the seat of James Stevens, sitting member of the Twenty-second Senatorial district, have power to send for persons and papers; and be it further

Resolved, That they be authorized to hold meetings, for the purpose of taking evidence thereon, in such places in this State as they shall deem necessary; and

Resolved, That they be authorized to employ Charles G. Tinsley as stenographer; and

Resolved, That the compensation of such stenographer shall not exceed twenty cents per folio for taking and reporting all testimony and other necessary matters before said committee, including his services in transcribing such testimony and matters, comparing and correcting printer's proofs, and for all services he may render to and for said committee during its sessions; and

Resolved, That in addition thereto he be reimbursed his necessary traveling expenses and board, when absent from the capitol on official

duty.

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

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Mr. Pitts asked and obtained leave of absence until Monday.

Mr. Lynde, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill, entitled "An act to exempt the county of Oswego, except the towns of Mexico, Richland and Sandy Creek, from the provisions and operations of chapter 180 of the Laws of 1875, entitled An act creating a board of town auditors in the several towns of this State and to prescribe their powers and duties,"" 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. Wagner, from the committee on railroads, to which was referred the bill introduced by Mr. Lynde (introductory No. 143), entitled "An act to authorize the Ogdensburg 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, 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.

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Mr. Baker, from the committee appointed to wait upon the Honorable the Assembly and inform that body of the election of Hon. William H. Robertson as President pro tempore, reported that th committee had performed that duty.

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

"An act to authorize the construction of a bridge over the Erie canal at Tonawanda."

"An act to amend chapter 324 of the Laws of 1850, entitled 'An act for the preservation of the public health.'"

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

On motion of Mr. Davenport, 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, from the committee appointed to wait upon the Governor and inform him that the Senate had elected Hon. William H. Robertson as President pro tempore, reported that the committee had performed that duty.

The Senate again resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the Assembly bill entitled as follows:

"An act authorizing the board of supervisors of the county of Kings to purchase land for the purposes of the national guard."

After some time spent therein, the President resumed the chair, and Mr. Halbert, from said committee, reported in favor of the passage of the above named bill, which report was agreed to, and said bill ordered to a third reading.

On motion of Mr. Davenport, the Senate adjourned.

FRIDAY, JANUARY 30, 1880.

The Senate met pursuant to adjournment.

Prayer by the Rev. Dr. Bartlett.

The journal of yesterday was read and approved.

Mr. Lord asked and obtained leave of absence for Mr. Lynde until Tuesday.

Mr. Mills, from the committee on engrossed bills, reported as correctly engrossed the bills entitled as follows:

"An act to authorize the construction of a bridge over the Erie canal at Tonawanda."

"An act to amend chapter 324 of the Laws of 1850, entitled 'An act for the preservation of the public health.""

Mr. Birdsall presented a petition of citizens of Suffolk county for ameliorating the condition of female convicts and paupers confined in county jails and alms-houses; which was referred to the committee on State prisons.

Mr. Robertson, from the committee on the judiciary, to which was referred the bill introduced by Mr. Braman (introductory No. 85), entled An act to promote honest elections," 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. McCarthy (introductory No. 72), entitled "An act to provide for the commitment of vagrants, disorderly persons and juvenile offenders to the Shelter for Homeless Women in the city of Syracuse," reported in favor of the passage of the same with amendments, and the title amended so as to read as follows:

"An act authorizing such women and girls as are vagrants or convicted of misdemeanors as a first offense to be sent to the Shelter for Homeless Women in the city of Syracuse," 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. Woodin (introductory No. 137), entitled "An act for the relief of the Port Byron Free School District, in the town of Mentz, in the county of Cayuga," reported in favor of the passage of the same with amendments, and the title amended so as to read as follows: "An act conferring jurisdiction on the Canal Appraisers to determine the amount of damages to which the Port Byron School District, in the town of Mentz, in the county of Cayuga, is entitled by reason of certain acts of the State," 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 Assembly bill entitled "An act to declare the cases in which offices shall be deemed vacant," reported in favor of the passage of the same without amendment, which report was agreed to, and on motion of Mr. Robertson, and by unanimous consent, the rules were suspended, and said bill was ordered to a third reading..

Mr. Robertson, from the committee on the judiciary, to which was recommitted 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 resumed its place in order of third reading.

Mr. Bixby, from the committee on cities, to which was referred the bill introduced by Mr. Bixby (introductory No. 165), entitled "An act to legalize certain proceedings of the common council of the city of New York," reported in favor of the passage of the same without amendment (Senators Woodin, Madden and Sessions dissenting), which report was agreed to and said bill committed to the committee of the whole.

Mr. Fowler introduced a bill entitled "An act to provide for the review and correction of illegal, erroneous and unequal assessments," 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 limit commitments of children in 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 the judiciary.

Mr. Braman 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.

On motion of Mr. Davenport, the Senate adjourned.

MONDAY, FEBRUARY 2, 1880.

The Senate met pursuant to adjournment.

Prayer by the Rev. Dr. Smart.

The journal of Friday, January 30, was read and approved.

Mr. Forster presented a petition of the Hotel Association of the city

of New York against the passage of the bill entitled "An act for the removal of the reservoir situate in the city of New York;" which was read and referred to the committee on cities.

Mr. Robertson, from the committee on the judiciary, to which was referred the bill introduced by Mr. Madden (introductory No. 128), entitled "An act to extend the authority of the Supreme Court in proceedings by writs of mandamus to correct errors in the determination of boards of county canvassers," 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.

The Assembly returned the following entitled bill with a message that they had concurred in the passage of the same without amend

ment:

"An act appropriating moneys for the State Prison at Auburn." Ordered, That the Clerk deliver said bill to the Governor.

Mr. Fowler introduced a bill entitled "An act relating to the Trustees of the Albany Law School," 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. Forster introduced a bill entitled "An act to provide for the adjustment and settlement of claims of interest on payments made by the mayor, aldermen and commonalty of the city of New York on certain contracts for works of local improvements in said city," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

Mr. Forster introduced a bill entitled "An act to prevent the deposit of ashes, dredgings, sand, mud, refuse and other materials, in the waters of the port of New York, and to protect the harbor of said port," 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. Forster introduced a bill entitled "An act in relation to the care of poor children," 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 to authorize the Buffalo City Cemetery Association to acquire additional land and to erect a building for office purposes," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on miscellaneous corporations.

Mr. Eidman introduced a bill entitled "An act to incorporate the Orden Germania, 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.

The bill entitled "An act to amend chapter 324 of the Laws of 1850, entitled An act for the preservation of the public health,' read the third time and passed.

was

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:

FOR THE AFFIRMATIVE.

Astor
Baker, Jr.

Fowler
Halbert

McCarthy
Mills

Seebacher
Sessions

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