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: Arkell FOR THE AFFIRMATIVE. Plunkitt Thomas 22 Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same, with amendments. Mr. Arkell offered the following: Whereas, It is apparent to the committee on taxation and retrenchment that such modification of the laws (relating to taxation) should be enacted as will equalize the burdens imposed upon property by taxation ; and Wherens, Said committee is aware of the gravity and difficulties of the problems thereby presented, and of the inexpediency of other legislative action than such as experience and practical knowledge would suggest and approve; Therefore, your committee respectfully asks power to send for persons and papers and obtain the evidence of experts on taxation and finance, and of persons conversant with the laws of other States, relating to the subject, and with the practical operations of such laws, to the end that such information may be gathered as will make it practicable to frame wise and sufficient measures for the consideration of this body; and shall have further authority, if they deem the same necessary, to employ some competent person at a reasonable compensation to aid them in the performance of said duties. Mr. Vedder moved to refer the same 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. Otis introduced a bill entitled “An act to provide for the issuing of patents for certain lands now or formerly under water at College Point, Queens county, where, by reason of error in the original proceedings, à patent formerly issued did not convey the land under water described in the application,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary. Also, a bill entitled "An act to amend chapter 324 of the Laws of 1850, entitled 'An act for the preservation of the public health,' 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 public health. 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: Assembly, “An act to repeal section 4 of chapter 40 of the Laws of 1857, entitled 'An act to extend and amend the charter of the Glen Cove Mutual Insurance Company,' passed March 29, 1837.” "An act to amend section 7 of chapter 367 of the Laws of 1881, entitled 'An act to create a department of street cleaning in the city of New York, and to provide for the cleaning of the streets of said city, for the removal of snow and ice therefrom, and for the collection of ashes, garbage and street sweepings, and the disposal of the same.'” Assembly, "An act to amend chapter 192 of the Laws of 1882, entitled 'An act to withdraw and reserve that part of the public lands known as Esopus and Rogers islands from sale or lease under the land laws of the State, and to dedicate and set apart in order to preserve it as a distinguished feature of beauty in the natural scenery in its locality."" After some time spent therein, the President resumed the chair, and Mr. Coggeshail, from said committee, reported in favor of the passage of the first and last-named bills, which report was agreed to, and the same ordered to a third reading. Mr. Coggeshall, from the same committee, reported progress on the second-named bill, and asked and obtained leave to sit again. The Assembly sent for concurrence the following entitled bill : “An act in relation to infectious and contagious diseases of animals," which was read the first time, and by unanimous consent was also read the second time, and, On motion of Mr. Gilbert, and by unanimous consent, The Senate again resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bill entitled as follows: Assembly, "An act in relation to infectious and contagious diseases of animals. After some time spent therein, the President resumed the chair, and Mr. Arkell, from said committee, reported progress on the abovenamed bill, and asked leave to sit again. Mr. Gilbert moved to discharge the committee of the whole from the further consideration of the above-named bill, and that the same be ordered to a third reading, with the amendments adopted in the committee of the whole, and that the same be printed. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. Mr. Murphy moved that the bill entitled “An act changing the name of the Broadway Underground Railway Company and extending and supplementing the rights, powers and duties heretofore possessed, conferred and imposed on said company,” be printed. The President put, the question whether the Senate would agree to said motion, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, as follows: FOR THE AFFIRMATIVE. Gilbert Nelson Robb Davidson Kiernan Newbold Titus Campbell Ellsworth Low Otis Van Schaick Coggeshall Esty McCarthy 23 Mr. Coggeshall introduced a bill entitled "An act to authorize the common council of the city of Utica to raise by tax and disburse money in providing for the completion of the Eighth ward enginehouse in the city of Utica," which was read the first time, and by Daly unanimous consent was also read the second time, and referred to the committee on cities. Mr. Coggesball offered the following: Resolved, That the Equitable Life Assurance Society of the United States, and the New York Life Insurance Company be, and they are hereby, required to answer, under oath of the president and secretary of suid companies, to the Senate within fifteen days from the passage of this resolution : First. The number of and gross amount issued under the form of policy known as the 'Tontine policies, from the date of the issue of the first Tontine policy to the 31st of December, 1883, and the gross amount of all premiums paid thereon. Second. The number of and gross amount covered by all the Tontine policies issued within the same period that have lapsed, and the gross sum of the premiums paid thereon, and the gross sum of money, if any thing, paid by the said companies as a purchase and surrendervalue. Third. A detailed list of all the Tontine policies which have matured or not which have been settled by the said companies ; the method of the settlement of each policy and the sum of money credited to or paid out on each as it Tontine surplus, and the name of the person to whom the same was paid. Fourth. A detailed list of all Tontine policies upon the books of the said company, giving the number, the names of the insured and the beneficiaries, the dates of issue and maturity, the amount of policy and the premium paid thereon, and the gross amount of Tontine surplus held for the benefit of said policies. Fifth. The amounts taken from the Tontine surplus and credited to the general expense fund or any special fund by either of said companies. Mr. Baker moved that said resolution be referred to the committee on insurance. The President put the question whether the Senate would agree to said motion, and it was decided in the aflirmative. On motion of Mr. Kiernan, the Senate adjourned. MONDAY, FEBRUARY 25, 1884. The Senate met pursuant to adjournment. Mr. Gibbe, from the committee on cities, presented the following report: The standing committee on cities, which was directed by a resolution of the Senate, passed January 14, 1884, to investigate the department of public works in the city of New York, hereby report to the Senate that, having ascertained in the course of their investigation that large amounts of material for the use of the bureau of streets and boulevards in the said department had been paid for by the city, your committee thereupon summoned to appear before it one William McDonald, who was said to have furnished a large part of such material, and it appearing from his testimony that he had sold material to the city, that he kept no books and was unable to testify of his own knowledge as to time, place or quantity of the delivery of the said material, and that part, at least, of his knowledge as to the actnal delivery of such material was derived from the superintendent of the said bureau, your committee thereupon examined him as to the manner and places where and when he got the material which he is alleged to have delivered to the city, with the view of ascertaining the true quantities delivered by him. The witness McDonald thereupon refused to answer the following questions addressed to him in relation to and in prosecution of the subject of the inquiry : Q. Froin whom else except Burtshell and Barney Maloney did you purchase or obtain earth and gravel ? Q. What is your answer to the question ? A. I am advised by my counsel not to answer it. Q. Mr. McDonald, from whom did you purchase or obtain earth or gravel which you furnished to the city besides Mr. Burtshell and Mr. Barney Maloney? A. I decline to answer, sir, Q. On what ground ? A. By the advice of my counsel. Q. Do you hear my question, Mr. McDonald ? A. I refuse to answer. Q. You decline to answer ? A. Yes, sir. Q. Did you get them (the limestone chips) from anybody except from the Tompkins Cove people ? A. Yes, sir. Q. Who are they, except the Tompkins Cove people ? A. I decline to answer. Q. Why do you decline to answer ? A. By advice of counsel. Q. Who are they except the Tompkins Cove people? A. I decline to answer. Q. On what ground ? A. By advice of counsel. Q. Do you know of any case in which you have sold limestone chips, for instance, to private persons ? A. I do, sir. Q. How much did you sell ? A. I could not tell you that, sir. you, sir. Q. Have you any idea ? A. No, sir. Q. Where did you get it? A. I got it in the quarries, in the streets and cellars. Q. In whose quarries ? A. I decline to answer. Q. Give me the name of somebody else beside Robert Gubbins who was breaking stone for you? A. I decline to answer. By Senator LANSING: Q. You decline to answer because your counsel instructs you to ? A. Yes, sir. swer. Q. Do you remember the names of anybody else besides Robert Gubbins ? A. I do. Q. And you decline to answer who they were ? A. By advice of counsel. Q. Where did you get the sharp gravel that you delivered to the city ? Q. From whom did you buy any of it (gravel)? A. I guess that I was objected to before. Q. What were their names beside Barney Maloney and Burtshell? Q. At the same time you do remember the names of some of them besides Maloney and Burtshell ? A. I decline to answer. Q. You don't put it upon the ground it would tend to criminate you in any way in your answer to that ? A. It don't criminate me. Q. Why do you decline to answer ? A. By advice of counsel. Q. But you were paid by some of these other people, besides Burtshell, for taking it out of their cellars ? A. No, sir. Q. Burtshell was the only one that paid you ? A. He paid me for my team teaming out of the cellar. you do? A. I decline to answer it. Q. Upon what ground ? A. By counsel's advice. Q. Where did you get that coal; does it come down upon scows ? A. It comes in coal boats, I suppose, the most of it. Q. Who do you pay for it? A. I decline. By the CHAIRMAN: Q. Upon what grounds ? A. Advice of counsel. Q. About how much money do you think you have received in the course of a year from the coal business? A. Í decline. answer. By the CHAIRMAN : Q. Upon what ground ? A. By advice. Q. Do you keep books of the coal business ? A. I decline to answer. Q. Do you do your coal business npon any different system from what you do your business with the city ? Mr. ECCLESINE — That is objected to as before ; I advise the witness that he need not answer. The Witness assigned as a reason for such refusal, in each case, the fact that he had been advised by counsel not to answer, and he assigned in no case any other reason. [SENATE JOURNAL.] 30 |
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