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The President put the question whether the Senate would agree to said resolution, and it was, by a rising vote, unanimously adopted. The Assembly returned the bill entitled "An act to incorporate the Veteran Military Association, Seventy-first Regiment, National Guard, State of New York," with a message that they had passed the same with the following amendments:

Section 1, line 9, strike out the word "military."

Section 3, line 3, strike out the words "to adopt a uniform."

Same section, lines 6, 7 and 8, strike out the words "the present officers shall hold their respective offices until others are chosen in their places."

The President put the question whether the Senate would concur in said amendments, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths be ing present, as follows:

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Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in their amendments.

The Assembly sent for concurrence the following entitled bill: "An act relating to the discharge of the duties of the surrogate of the county of Kings, in case of a vacancy in the office, or in the disqualification or disability of the surrogate," which was read the first time, and by unanimous consent was also read the second time, and, On motion of Mr. Daggett, and by unanimous consent, said bill was read the third time.

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 Senators elected voting in favor thereof, and three-fifths being present, as follows:

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Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same. The Assembly returned the bill entitled "An act to amend chapter 218 of the Laws of 1839, entitled 'An act authorizing railroad companies to contract with each other," with a message that they had agreed to the report of the committee of conference theron, as follows: [SENATE JOURNAL.]

137

To the Legislature:

The undersigned appointed by the Senate and Assembly as a committee of conference relative to the matters of difference arising between the two Houses upon the bill entitled "An act to amend chapter 218 of the Laws of 1839, entitled 'An act authorizing railroad ocrporations to contract with each other,"" report that they have duly conferred upon said matters, and agreed to recommend as follows:

That the Assembly amendment be so amended that the words “in whole or in part," be stricken out, and in their place, the words "for fifty miles or more" be inserted in lieu thereof, so that it shall be as follows:

Add to section 2, the following words: "Provided that such leases or contracts for operation shall not be made between railroad companies or corporations where railroads or branches owned or operated, run for fifty miles or more, on parallel and competing lines."

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

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Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have non-concurred in the report of the committee of conference.

Mr. Kiernan offered the following:

Whereas, The department of docks of the city of New York is possessed with unlimited powers in raising money upon bonds, pledging the faith and credit of the city of New York, and the unchecked expenditure of such money; and

Whereas, It is alleged that improper means have been resorted to, in obtaining such moneys, and in issung such bonds to the detriment and injury of the tax payers of the city of New York; and

Whereas, Gross irregularities are said to have occurred, and do now exist in the administration of the affairs of said department; that the commissioners and attaches of said department have been culpably negligent and incompetent in the performance of their various duties, extravagant in the expenditures of the funds of said department, and otherwise delinquent and unfaithful to the trusts reposed in them; and Whereas, The workings of said department have never been properly explained or disclosed to the citizens of the city of New York; therefore be it

Resolved, That during the recess of the Senate, the committee on commerce and navigation be and hereby is authorized and directed to investigate into the management and condition of said department, and

all matters relating thereto, with power to send for persons and papers in order to carry out this resolution, and to report at the next session what remedies, if any, are necessary to correct existing evils. The said committee to report during the first week of the next legislative session. Pending the question,

Mr. Fassett offered the following:

Resolved, That a committee of two be appointed to wait upon the honorable the Assembly and inform that body that the Senate has completed its business and is ready to adjourn.

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. Fassett and Kiernan.

Mr. Comstock offered the following:

Resolved, That a committee of two be appointed to wait upon the Governor, and inform him that the Senate has completed its business and is ready to adjourn.

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. Comstock and Cullen.

Mr. Murphy offered the following:

Resolved, That the affable, courteous, and dignified manner in which Hon. Dennis McCarthy has performed the duties of President pro tem. of this Senate, coupled with his absolute impartiality, meets with our hearty approval, and for which we extend him our warmest thanks.

The President put the question whether the Senate would agree to said resolution, and it was, by a rising vote, unanimously adopted. Mr. Fassett, from the committee appointed to wait upon the Governor and inform him that the Senate had completed its business and were ready to adjourn, reported that they had discharged that duty.

Mr. Comstock, from the committee appointed to wait upon the Assembly and inform that body that the Senate had completed its business and were ready to adjourn, reported that they had discharged that duty.

Messrs. Husted and Welch, a committee on the part of the Assembly, appeared in the Senate Chamber and announced that the Assembly had completed its business and was ready to adjourn.

The hour of 12 o'clock having arrived, the President rose and addressed the Senate as follows:

SENATORS: The legislative session of 1884 is now terminated. The customary address of the presiding officer marks the last stage of the Senate legislative proceedings of the year.

I will not detain you with any lengthy remarks, but a few suggestions pertinent to the occasion may not be inappropriate. Many of the important measures of the session have not yet ripened into laws, but are awaiting the action of the Executive, and it seems unnecessary at this time to summarize or comment upon, in detail, the work perfected by the present law-making power. It is believed that many measures have been enacted which are in the interest of better government, and which will tend to correct existing abuses, and purify the official service. It is to be regretted that others of equal, and possibly of greater importance and merit have failed to meet with legislative approval. It is to be hoped that whatever of the legislation enacted is

experimental in its character, may prove its wisdom in its practical enforcement, by reforming maladministration, eradicating corruption and improving and elevating the standard of official integrity. While beneficial results may confidently be expected from the passage of wholesome laws, it should be remembered that no matter how admirable or perfect may be the laws passed by any Legislature, the safe and only reliance of the State for pure, honest and upright administration of public affairs, lies, after all, in the intelligence, the virtue, and the vigilance of the people themselves.

Good laws may be rendered inoperative- may be evaded and thwarted in many ways, unless the people for whose benefit they are procured interest themselves in their honest and imperative enforcement, and our best citizens take an active part in the administration of public affairs.

The Constitution has wisely conferred the law-making power upon two distinct branches of the Government, viz.: the Executive and Legislative departments. It is the province of the Legislature to formulate laws and the prerogative of the Executive to recommend them and to give legal effect by his approval of those passed by the Legislature. Each department thus jointly shares in the responsibility of vicious and improper legislation, and in whatever honor and credit that may attach to the passage of wise, beneficial and salutary measures.

One further suggestion which occurs to me in this closing hour, and I am done. It is evident that nearly two-thirds of the time of this session has been occupied with the municipal affairs of the great city of New York, of a purely local character, and with which the rest of the State has little or no concern. It would seem as though it was the part of wisdom and true statesmanship to devise some scheme or form of municipal government for that city, whereby local self-government can be secured in fact as well as in theory, to the end that strictly local legislation in whole or in part should be enacted by its own municipal authorities, and not by invoking the aid of the Executive and the legislators of the whole State. The subject is commended to the thoughtful consideration of the people and of future Legislatures.

I cheerfully bear testimony to the faithfulness and industry which have characterized the labor of this body of Senators, and I congratulate all those who have honorably participated in the efforts which have been made to advance the best and truest interests of the State. My sincere thanks are tendered to the members of both political parties represented in the Senate for the uniform courtesy of which I have been the recipient at your hands during the session now closing, and I am grateful for the kind expressions of approval of my official action contained in the resolutions which you have adopted. With an acknowledgment of my appreciation of the most efficient services of the Clerk of this body, and his faithful assistants, whose patient labors have relieved all our tasks, permit me, in conclusion, to wish you all a safe return to your respective homes. There now remains but a single duty to be performed. In pursuance of the joint resolution of the two Houses, I hereby declare this Senate adjourned without date.

JOHN W. VROMAN, Clerk.

INDEX TO SENATE JOURNAL, 1884.

A.

Acts and parts of acts, to amend act to repeal chapter 402 Laws

of 1882..

Page.

352, 378, 472, 509, 515, 976

(See New York City.)

Actions. (See New York.)
Addison, to amend charter of village of, chapter 200, Laws of
1873...

Adirondack Forest, to establish a fish hatchery in....

part, to provide for creation of..

404, 467, 624, 1054

478, 774,

872

76, 89,

116

121, 333

889

railway charter. (See Resolutions.)
reservation, to authorize establishment of...
survey, to provide for publication of maps of..

(See Forest Commission.)

Adjournment. (See Concurrent Resolutions.)

Adjutant-General. (See New York Volunteers.)
Agricultural Society. (See Hemlock Lake.)
Agricultural Societies, to facilitate the formation of.. 813, 830,
Albany, city of, alms-house superintendent, define duties of, rela-
tive to transportation of lunatics, pauper, etc.. 181, 603,

976

637

917, 956, 975

662

307

358

968

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124,

free library, to incorporate, on Jermain foundation....
foot bridge over canal at North Erie street.
government, of, to amend act to provide for.. 279, 303,
584, 820, 890, 935, 951, 956,

666

harbor master, to amend act for appointment of..
normal school building, appropriation for furnishing.
justice's court, to change name of... 50, 110, 274, 435, 439,
public parks, in relation to certain.... 51, 86, 97, 103, 106,
water, to amend act relating to supply...... 169, 203, 251, 753
Albany, county of, sheriff, in relation to certain fees and com-
pensation of...
817, 838, 886, 937, 941, 974
relative to commitment and discharge of prisoners, and sup-
port of prisoners in jail.... 181, 383, 506, 566, 577, 612, 666
charge against, to regulate manner of paying.... 181, 383, 648
683, 714, 794, 818, 850

Aliens, to regulate the acquisition and disposition of property
by....
Alumni. (See Colleges.)

280, 294

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