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

The bill entitled "An act to prohibit the construction of buildings of wood or other combustible materials, in a certain portion of the city of New York," 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 authorize the police department or board of police of any city to appoint policemen of district telegraph companies," 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 for the relief of John Waller," 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 Assembly 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 return said bill to the Assembly immediately, with a message informing that the Senate have concurred in the passage of the same, without amendment.

Mr. Forster called for the consideration of the resolution in the words following:

Resolved, That the finance committee be and they hereby are instructed to prepare and report a bill which shall amend and systematize the laws in relation to the assessment and taxation of property in this State, upon the following principles:

1st. That no State tax shall be assessed upon real estate, but that real estate shall only be subject to assessment for city, county, town, school and other local taxes and purposes.

2d. That authority be conferred upon the board of supervisors of each county, and upon the board of estimate and apportionment of the city of New York to determine whether personal property not exempt by the Constitution of the United States, or by the principles hereinafter set forth, shall continue to be assessed and taxed for city, county, town, school and other local purposes, and how the same shall be so assessed and taxed, if at all.

3d. That every corporation or joint-stock association formed for railroad, steamboat, ferry, express, navigation or transportation purposes, doing business in this State, wheresoever incorporated, shall be assessed and taxed by the State assessors, upon returns made to them, and shall pay such tax into the State treasury.

4th. That the shares and franchises of all banks, banking associations and individual bankers, whether doing business under the national or State banking law, or under the law of any foreign country or State or otherwise, and of all trust companies, shall be assessed and taxed by the State assessors upon returns made to them, and shall pay such tax into the State treasury.

5th. That all life, fire and marine insurance companies shall pay a State tax based on their net earned premiums for the preceding year. 6th. That corporations incorporated under the general manufacturing laws of this State, and stocks of goods held for sale in this State,

shall be exempt from taxation, or taxed at the lowest rate compatible with the public interest.

7th. That all liquor dealers, whether wholesale or retail, shall pay a State excise tax for a yearly license to do business.

8th. That the real estate of corporations shall continue to be assessed and taxed where situated, for city, town, county, school and other local purposes.

9th. That there shall be no deduction or allowance for debts in the assessment of property liable to taxation, nor any assessment of credits.

10th. That all taxes levied upon corporations, associations, shareholders or individual bankers and the excise tax shall be paid directly into the State treasury, for the purpose of defraying such expenses and meeting such engagements as the State debt and the laws of the State may from time to time require.

Mr. Forster moved to amend by striking out the word "instructed" in first line and insert the word "requested."

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

Mr. Sessions moved to amend said resolution so as to read as follows:

Resolved, That the finance committee be and they hereby are instructed to prepare and report a bill which shall amend and systematize the laws in relation to the assessment and taxation of property in this State (or a bill for a commission in pursuance of the recommendation in the message of the Governor), and to report the same within thirty days.

Mr. Forster moved to amend the amendment by striking out the words "or a bill for a commission in pursuance of the recommendation in the message of the Governor.'

Pending which

Mr. Jacobs moved that the whole subject be referred to the committee on finance, to report within ten days.

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

On motion of Mr. Hogan, the Senate adjourned.

WEDNESDAY, FEBRUARY 4, 1880.

The Senate met pursuant to adjournment.

Prayer by the Chaplain.

The journal of yesterday was read and approved.

Mr. Strahan presented a memorial of the counsel to the corporation of the city of New York relative to exhibitions by female pedestrians," which was read and referred to the committee on the judiciary.

Mr. Baker presented a petition of citizens of Rensselaer county for the repeal of the act exempting said county from the provisions of the act making highway commissioners inspectors of plank roads," which was read and referred to the committee on roads and bridges. Mr. Robertson, from the committee on the judiciary, to which was referred the bill introduced by Mr. Eidman (introductory No. 73), entitled "An act to amend an act entitled An act relating to courts, officers of justice and civil proceedings, known as the Code of Civil Procedure," 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 the Code of Civil Procedure," which report was agreed to and said bill committed to the committee of the whole.

Mr. Wendover, from the committee on banks, to which was referred the bill introduced by Mr. Forster (introductory No. 57), entitled "An act to establish the rate of interest and to place individuals upon terms of equality with State and National Banks as to rate of interest and as to penalties and forfeitures for usury," 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. Winslow, from the committee on militia, to which was referred the bill introduced by Mr. Eidman (introductory No. 45), entitled "An act to amend chapter 590 of the Laws of 1872, entitled 'An act to regulate processions and parades in the cities of the State of New York," reported in favor of the passage of the same with some amendments, which report was agreed to and said bill committed to the committee of the whole.

Mr. Mills, from the committee on miscellaneous corporations, to which was referred the bill introduced by Mr. Forster (introductory No. 114), entitled "An act to establish, govern and manage the New York State Home for the Blind," 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 sent for concurrence the following entitled bills: "An act to authorize the sale by towns and villages in the counties of Chenango, Delaware, Madison, Ulster, Sullivan and the towns of Edmeston and Pittsfield in the county of Otsego, of capital stock in. railroad companies," which was read the first time, and by unanimous. consent was also read the second time, and referred to the committee on railroads.

"An act to amend chapter 431 of the Laws of 1875, entitled 'An act to amend the Revised Statutes in relation to laying out public roads and the alteration thereof,'" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and brdiges.

"An act in relation to the partition of lands held by husband and wife as joint tenants, tenants in common, or as tenants by entireties,' which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judi ciary.

"An act to enable married women to testify in certain cases of [SENATE JOURNAL.

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criminal prosecution against their husbands," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to amend chapter 277 of the Laws of 1868, entitled An act to amend an act entitled An act to provide for the incorporation of villages' passed December 7, 1847, and the several acts amending the same, so far as relates to the village of Baldwinsville, Onondaga county," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on villages.

"An act to amend section 7 of chapter 591, Laws of 1870, entitled An act in relation to the custody and disposition of the moneys arising from the sale of the plain or common lands of the town of Hempstead, Queens 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 the judiciary.

"An act making an appropriation to carry out the provisions of chapter 134 of the Laws of 1878, and chapter 306 of the Laws of 1879, entitled respectively 'An act in relation to infectious and contagious diseases of animals,' and to provide for liquidating and discharging all obligations incurred thereunder by the agents of the State," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

"An act to release all that part of the waters of Lake Ontario, together with its bays and inlets in the county of Jefferson, and in that part of Oswego county lying between its Jefferson county line and the westerly line of the town of Mexico, saving and excepting Henderson harbor and bay, and within one-half mile of the outlet or mouth of Salmon river, from the operation of the provisions of sections 23 and 26 of chapter 534 of the Laws of 1879, entitled 'An act for the preservation of moose, wild deer, birds, fish and other game,' which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on game laws. "An act for the improvement of the Hudson river, and to make an appropriation therefor," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

"An act making an appropriation to pay the expense of the publication of the concurrent resolutions proposing amendments to the constitution, under the direction of the secretary of State in 1879," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

"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 of 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 internal affairs of towns and counties. "An act to amend an act entitled An act to revise and consolidate the general acts relating to public education,' passed May 2, 1864," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

"An act to consolidate and amend the charter of the city of Rochester," which was read the first time, and by unanimous consent