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line of continuous levels from Cayuga lake to Cross lake and establish bench-marks along the line of said levels, in the words following:

Whereas, Several embankments have been made across the outlet of Cayuga lake, and the channel of Seneca river by the State railroad companies, and public and incorporated bridge companies; and

Whereas, There are no established levels or marks to determine the effect from year to year of these works upon the relative water level of Cayuga lake and its outlet; now, therefore, be it

Resolved (if the Assembly concur), That the State Engineer be, and he is hereby, directed to run a line of continuous levels from Cayuga lake to Cross lake, establishing bench-marks along the line of said levels, as follows:

Bench-mark No. 1 to be established on the lower mitre-sill of the lock at the entrance of the Cayuga branch of the Cayuga and Seneca canals, which will show the level of Cayuga lake.

Bench-mark No. 2 shall be established on the lower mitre-sill of what is known as Mud lock, at junction of the Seneca branch with the Cayuga branch of said canals.

Bench-mark No. 3 shall be established on the central pier of the Erie Canal aqueduct, at the crossing of the Seneca river.

Bench-mark No. 4 shall be established on the center pier of the crossing of the New York, West Shore and Buffalo Railroad.

Bench-mark No. 5 shall be established on the central pier of the New York Central and Hudson River Railroad crossing.

Bench-mark No. 6 shall be established at cut through Mosquito Point bar.

Bench-mark No. 7 shall be established at the water level of Cross lake, at a suitable place, in the discretion of the engineer in charge.

All of the above bench-marks shall be established and marked on the map of the outlet of Cayuga lake, and in the channel of Seneca river, so that they may be easily found and noted by an expert in engineering. Said map is now on file in the office of the State Engineer. It shall be the duty of the State Engineer, three times in each year, namely, during the first ten days of each March, August and December, to detail an engineer to examine and report to his office the relative condition of the water level as compared with the above estab`lished bench-marks. Also to report upon the actual depth of water at the points where these bench-marks are established. Also to take the actual water level at the point on each side of the Erie canal embankment where the old channel of the Canandaigua or Clyde river is crossed by said embankment. The results of the above levels and measurements shall be published annually in the report of the State Engineer to the Legislature, and in the event that the Department of the State Engineer shall be abolished, or absorbed by any other department, the duties above detailed shall be performed by the department succeeding to that of the State Engineer,

Reported the same favorably and recommended its adoption.

Mr. Ellsworth moved that said resolution lie upon the table and be printed.

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

Mr. Robinson, from the committee on canals, to which was referred the bill introduced by Mr. Robinson, Int. No. 149, entitled "An act to provide for lengthening lock No. 46 of the Erie canal, and making

an appropriation therefor," 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. Baker, from the committee on insurance, to which was referred the bill introduced by Mr. Coggeshall, Int. No. 75, entitled "An act for the protection of persons insured in accident insurance companies or associations," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

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

"An act in relation to convict labor."

The privileges of the floor were granted to Hon. W. S. Clark.

Mr. Campbell introduced a bill entitled "An act for the relief of persons who performed the duties of janitors of district courts in the city of New York, between September 30, 1878, and May 1, 1880," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

Mr. Newbold introduced a bill entitled "An act to authorize the Board of Claims to hear and determine the claim of Bennett A. Hume, for compensation for the injuries sustained by him while in the service of the State and to make an award therefor," 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. Low introduced a bill entitled "An act to authorize the supervisor of the town of Thomson, in the county of Sullivan, to borrow money to pay interest on certain bonds of said town, and to pay the expenses of carrying into effect the provisions of chapter 206 of the Laws of 1883," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs.

Mr. Fassett introduced a bill entitled "An act authorizing the Comptroller to pay into the keeping of the trustees of the Elmira Female College the Elmira College fund," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Mr. Coggeshall introduced a bill entitled "An act to prevent deception in the sale of oleomargarine, butterine, suine, or any article or substance having the semblance of butter, for butter," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on public health.

The Assembly sent for concurrence the following entitled bills : "An act to amend chapter 299 of the Laws of 1883, entitled 'An act to provide for the enrollment of the militia, for the organization and government of the National Guard of the State of New York, and for the public defense, and entitled the Military Code,'" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on militia.

"Án act to authorize the comptroller of the city of New York to examine the claim of John T. Nagle, and to audit and pay the amount that may justly be due," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

"An act authorizing the pavement of South Salina street in the city

of Syracuse before a sewer shall be constructed therein," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

"An act to amend chapter 291 of the Laws of 1870, entitled 'An act for the incorporation of villages," 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 regulate the hours of labor of conductors and drivers of cars drawn by horses in cities," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

"An act to legalize and confirm the special town meeting held in the town of Chester, Warren county, November 19, 1883," 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 Assembly returned the bill entitled "An act to amend chapter 275 of the Laws of 1882, entitled 'An act to amend section 78 of part 2, chapter 1, title 2, article 2 of the Revised Statutes, being in relation to uses and trusts,"" with a message that they had non-concurred in the amendment of the Senate thereto, and appointed a committee of conference consisting of Messrs. Husted, W. E. Smith, Rice, Nelson and Church, and request a like committee on the part of the Senate. Mr. Otis moved that a like committee be appointed on the part of the Senate.

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

The President appointed as such committee Messrs. Otis, Ellsworth and Murphy.

The Assembly returned the following entitled bill with a message that they had non-concurred in the passage of the same.

"An act to amend chapter 641 of the Laws of 1867, entitled 'An act for the relief of the Co-operative Iron Founders' Association of Troy,' passed April 23, 1867.

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Mr. Robb presented a memorial of citizens of New York city, against paying the harbor masters; which was read and referred to the committee of the whole.

Mr. Robinson offered the following:

Resolved, That the committee of the whole be discharged from the further consideration of Senate bill, printed No. 63, entitled "An act to amend au act entitled 'An act to incorporate the village of Lyons,' passed April 17, 1854," and that the same be ordered to a third reading.

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

By unanimous consent,

On motion of Mr. Robinson, the title of said bill was amended so as to read as follows: "An act to amend chapter 388 of the Laws of 1854, entitled 'An act to incorporate the village of Lyons.""

Mr. Bowen offered the following:

Resolved, That the morning session of the Senate shall be from 11 A. M. until 2 P. M., and any question pending at the hour of adjournment shall be taken up at the next session, immediately after the reading of the journal, unless there shall be a different order made by the Senate.

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

On motion of Mr. Thomas the Senate adjourned until Monday evening at eight o'clock.

MONDAY, FEBRUARY 11, 1884.

The Senate met pursuant to adjournment.

Prayer by the Chaplain.

The journal of Friday, February 8, was read and approved.

The Assembly returned the following concurrent resolutions with messages that they had concurred in the passage of the same, respectively:

The concurrent resolution for printing the Seventeenth Annual Report of the State Board of Charities.

Also, the concurrent resolution for printing the last Annual Report of the State Engineer and Surveyor on Canals.

Also, the concurrent resolution for printing the Annual Report of the Bureau of Labor Statistics.

The Assembly sent for concurrence the following resolution :

Resolved (if the Senate concur), That 400 copies of the Report of the Superintendent of the New York Asylum for Idiots be printed for the use of the Asylum and 400 copies for the use of the Legislature. Ordered, That said resolution be referred to the committee on public printing.

Also, the following:

Resolved (if the Senate concur), That there be printed 1,500 copies of the Annual Report of the Binghamton Asylum for Chronic Insane, 1,000 copies for the use of the managers of said Asylum and 500 copies for the use of the Legislature.

Ordered, That said resolution be referred to the committee on public printing.

Also, the following:

Resolved (if the Senate concur), That there be printed of the Report of the Commissioners of Fisheries, made at the present session, 2,500 copies for the use of the Legislature, and a similar number in paper covers for the use of the Commissioners.

Ordered, That said resolution be referred to the committee on public printing.

Also, the following:

Resolved (if the Senate concur), That 3,000 copies of the Thirtieth Annual Report of the State Superintendent of Public Instruction be printed in cloth, for distribution by that officer.

Ordered, That said resolution be referred to the committee on public printing.

Mr. Ellsworth introduced a bill entitled "An act to amend chapter 291 of the Laws of 1870, entitled 'An act for the incorporation of villages," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on villages.

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Mr. Baker introduced a bill entitled "An act in relation to the collection of taxes in Monroe county, and to authorize and provide for the sale of property for unpaid taxes 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 taxation.

Also, a bill entitled "An act to provide for the construction, maintenance and operation of street surface railroads in cities, towns and villages," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads. A message from the Governor, by the hands of his private secretary, was received and read in the words following:

To the Senate:

STATE OF NEW YORK, EXECUTIVE CHAMBER,
ALBANY, February 11, 1884.

I acknowledge the receipt of a copy of the following resolution, adopted by the Senate on the 6th instant:

"Resolved, That His Excellency, the Governor, be and he is hereby respectfully requested to transmit to the Senate, at his earliest convenience, any knowledge and information he may have in his possession as to the performance of the duties of the captain of the port and harbor masters of the port of New York, by the dock department or its subordinates, since the 24th day of May, 1883."

In the annual message which I transmitted to the Legislature at the beginning of its present session, pursuant to constitutional requirement, I ventured to recommend the abolition of the offices of captain of the port and harbor masters, and that the duties devolved upon these officials should be transferred to the department of docks in the city of New York.

In advocating this change, and as proof that it was entirely practicable, the following language was used:

"It appears from statements made to me that this service has been assumed by this department and substantially performed under its direction during the past season."

This declaration was officially and deliberately made, and I am not aware that it should be modified; the statements upon which it was. based I then believed to be true, and I have no reason to doubt them Such declaration may, therefore, at this time, be reiterated as a response to the resolution which has been submitted to me.

now.

I hope that I should not be justified in assuming that the Senate seeks to pass judgment upon the weight which I should give to the evidence presented to me upon this subject. I fully appreciate the fact that if I am misled by insufficient proof, or by an improper estimate of its value, I alone must bear the responsibility and meet the

consequences.

The resolution before me is silent as to the purpose of its adoption. If it had its rise in the pendency of proposed legislation involving an inquiry touching the performance of the duties pertaining to the offices of captain of the port and harbor masters, I beg to remind the Senate that the facts necessary to intelligent action are easily derived from official sources, other than the Executive Department.

If such legislation shall be presented to me for official action, it will be my plain duty to avail myself of all the knowledge and information I now possess, or which I may be able to acquire, in order that I

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