Whereas, It is now evident that grave misapprehension existed as to the time when large contracts expired, and it is evident that by the bill which has already passed both Houses of this Legislature" to abolish contract labor" a period of enforced idleness would occur, and thus render necessary a large appropriation to maintain the convicts when idle; therefore Resolved (if the Assembly concur), That. the "bill to abolish contract labor" shall not be sent to His Excellency the Governor, but that the same shall remain in the keeping of the Clerk of the Senate until further orders. Ordered, That said resolution be laid upon the table under the rule. The Assembly sent for concurrence the following entitled bills: "An act to define the duties and limit the powers of the trustees of the town of Brookhaven, in the county of Suffolk," which was read the first time, and by unanimous consent was also read the second time. On motion of Mr. Otis, and by unanimous consent, the rules were suspended and said bill ordered to a third reading. "An act to amend section 65 of chapter 410 of the Laws of 1882, entitled 'An act to consolidate into one act and to declare the special and local laws affecting public interests in the city 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 cities. "An act to amend an act entitled 'An act to provide a system of sewerage for the village of Little Falls,' passed June 3, 1882," which was read the first time, and by unanimous consent was also read the second time. On motion of Mr. Davidson, and by unanimous consent, the rules were suspended and said bill ordered to a third reading. "An act making an appropriation for the purchase and setting of machinery for the Onondaga Salt springs, the building of well-houses and cisterns, and to authorize the sale of old machinery and material,” 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 authorizing the Venice Town Insurance Company to change the location of its business office," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance. "An act to amend the Code of Criminal Procedure," 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 section 3210 of the Code of Civil Procedure," 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 legalize the official acts of Watson Selover, a justice of the peace of the town of Niles, Cayuga county," 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 authorizing the village of Little Falls to issue bonds to raise money to pay its floating indebtedness," which was read the first time, and by unanimous consent was also read the second time. On motion of Mr. Davidson, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading. "An act to amend section 4, chapter 739 of the Laws of 1857, being an act to authorize the formation of town insurance companies,' which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance. "An act to amend chapter 800 of the Laws of 1869, entitled 'An act in relation to making and repairing highways and bridges in the towns of Flatbush and New Utrecht, in Kings county," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges. Mr. Esty, from the committee on banks, to which was referred the bill introduced by Mr. McCarthy, Int. No. 371, entitled "An act to amend section 267 of chapter 409 of the Laws of 1882, entitled 'An act to revise the statutes of this State relating to banks, banking and trust companies,"" 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. McCarthy moved that said bill be referred to the first committee of the whole. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, two-thirds of all the Senators present voting in favor thereof. Mr. Campbell introduced a bill entitled "An act in relation to the city court 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. Also, a bill entitled "An act to release to Miriam C. Miller, Huldah B. Young, Jane L. Burgess and Emma A. Cottingham any claim the State of New York may have to the estate of Lillie May Miller, deceased," 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. Kiernan introduced a bill entitled "An act further to amend chapter 863 of the Laws of 1873, entitled 'An act to amend the charter of the city of Brooklyn and the various amendments thereof,' which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities. Mr. Daly introduced a bill entitled "An act to incorporate the New York Cancer Hospital," 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. Baker introduced a bill entitled "An act for the relief of Thomas Evershed," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals. Also, a bill entitled "An act in relation to the appointment of bridge tenders on swing or lift bridges in the city of Rochester," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals. وو Also, a bill entitled "An act authorizing the construction of a bridge over the Erie canal at Pinnacle avenue in the city of Rochester, which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals. Mr. Ellsworth introduced a bill entitled "An act to amend the Code of Criminal Procedure," 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 following entitled bills with messages that they had concurred in the passage of the same, respectively: "An act to change the corporate name of the Association for the Benefit of Colored Orphans in the city of New York to the Colored Orphans Asylum and Association for the Benefit of the Colored Children in the city of New York." Ordered, That the Clerk deliver said bill to the Governor. "An act in relation to convict labor." Mr. Esty offered the following: Resolved, That the Clerk of the Senate be directed not to transmit said bill to the Governor until the further order of the Senate. The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows: Ordered, That the Clerk deliver said bill to the Governor. The Senate proceeded to the consideration of the case of William McDonald. Mr. Vedder moved that the prisoner be permitted to file affidavits to show any extenuating circumstances connected with the alleged contempt with which he is charged. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. The counsel for the accused submitted the following affidavit which was read by the Clerk: William McDonald, of the city of New York, now a prisoner in the custody of the Sergeant-at-Arms of the Senate of the State of New York, being duly sworn, deposes and says: 1. That he did not at any time, nor does he now, intend any personal discourtesy to said Senate nor the committee on cities thereof. 2. That he has not refused, nor does he now refuse, to answer any proper or material question touching the contracts heretofore made between himself and the mayor, aldermen and commonalty of the city of New York, through the department of public works of said municipality. 3. That he is advised and believes that he is entitled, in any examination held by said committee on cities, whereunto he is summoned to attend for examination, to the benefit of the advice and assistance * of counsel as a matter of right, and not of courtesy, to the end that he may be advised of and protected in all his rights as a citizen of this State. 4. That he is advised and believes that the questions he refused to answer, under the advice of counsel, were improper and immaterial, in that they sought to elicit facts touching his private business, apart from his connection with the department of public works, into which said committee had no authority or warrant of law to inquire. 5. That he is now prepared to attend before said committee, accompanied by his counsel, and, subject to his advice, to answer all proper and material questions put to him by said committee or their counsel touching any contract heretofore entered into between himself and the mayor, aldermen and commonalty of the city of New York through the department of public works, or any other material or proper question which the committee are authorized by law to ask. And further deponent saith not. Sworn to before me this 28th } day of February, 1884, FRED'K HARRIS, WILLIAM MCDONALD. Notary Public, Albany county. Mr. Lansing moved that all the testimony and proceedings had by the committee, in relation to the accused as furnished by the committee, pursuant to the resolution adopted yesterday, be made a part of the record in the further consideration of the case. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. The Clerk then proceeded to read the testimony. Pending the reading, Mr. Jacobs moved that at 2 o'clock the Senate take a recess until 4 o'clock, P. M. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, as follows: Mr. Thacher moved to suspend the further proceedings in the case until 4 o'clock. The President put the question whether the Senate would agree to said motion, and it was decided in the negative. The reading of the testimony was then continued until the hour of 2 o'clock, when the Senate took a recess until 4 o'clock, P. M. FOUR O'CLOCK, P. M. The Senate again met. Mr. Thacher introduced a bill entitled "An act to amend section 8 of article 1 of title 1 of chapter 3 of part 4 of the Revised Statutes," 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. Daggett introduced a bill entitled "An act to amend chapter 463 of the Laws of 1880, entitled 'An act to amend chapter 604 of the Laws of 1875, entitled An act to protect the shores and bay of New York and the seaside resorts near New York city, and to prevent the deposit of carrion, offal, dead animals, bedding, or any putrid, offensive, decaying or refuse vegetable or animal matter, or any garbage or sweepings taken from the streets of any city into the North and East rivers or in the bay of New York or Raritan bay, within the jurisdiction of the State of New York, or in the waters of Jamaica bay, or in the waters of the Atlantic Ocean within three miles of Rockaway beach or Far Rockaway or Coney Island, or within less than one mile beyond the outer bar,' and to amend section 4 of the said chapter 604 of the Laws of 1875," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities. Mr. Baker, from the committee on insurance, to which was referred the Assembly bill entitled "An act to amend section 4 of chapter 739 of the Laws of 1857, being an act to authorize the formation of town insurance companies," 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. Baker, from the committee on insurance, to which was referred the Assembly bill entitled "An act authorizing the Venice Town Insurance Company to change the location of its business office," 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. Gibbs, from the committee on cities, to which was referred the Assembly bill entitled "An act to center responsibility in the municipal government of the city of New York," reported in favor of the passage of the same (Mr. Cullen dissenting), which report was agreed to and said bill committed to the committee of the whole. Mr. Davidson introduced a bill entitled "An act to extend the powers of commissioners of highways in certain cases,' " which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges. The Senate resumed the consideration of the case of William McDonald. The Clerk continued the reading of the testimony. The reading of the testimony having been concluded, Mr. Vedder moved that the counsel have leave to address the Senate for thirty minutes. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. The counsel having concluded his argument, By direction of the President, the accused and his counsel withdrew from the bar of the Senate. |