Campbell

FOR THE NEGATIVE.

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Murphy Plunkitt Van Schaick Mr. McCarthy, from the committee on rules, reported as follows: The standing committee on rules, by a majority thereof, report as follows:

Amend Rule 39 so as to read as follows:

RULE 39. When a question has once been put and decided, it shall be in order for any Senator to move for the reconsideration thereof; but no motion for the reconsideration of any vote shall be in order after the bill, resolution, message, report, amendment or motion, upon which the vote was taken, shall have gone out of the possession of the Senate, nor shall any motion for reconsideration be in order, unless made on the same day on which the vote was taken; or within the next three days of the actual session of the Senate thereafter. Nor shall any question be reconsidered more than once.

The President put the question whether the Senate would concur in the adoption of said report, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, as follows:

The Assembly sent for concurrence the following entitled bills : "An act to provide for lengthening lock No. 50 of the Erie canal, and making an appropriation therefor," which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Robinson said bill was substituted for Senate bill No. 121, upon the same subject.

"An act to amend chapter 569 of the Laws of 1875, being an act entitled 'An act authorizing the city of Buffalo to take certain lands for a public park, and to provide for the payment thereof," 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 change the name of the justice's court of the city of Albany to the "City Court of Albany," to prescribe the manner of the appointment of the clerk thereof, and of marshals and attendants upon said court, and to increase the jurisdiction thereof, to abolish the office of constable in the city of Albany, and to amend the charter of said city," 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 annex school district No. 13 of the town of Champlain to Union Free School District No. 1, of said town, and to provide for the alteration of school districts Nos. 3 and 15 of said town," 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 amend chapter 276 of the Laws of 1867, entitled 'An act to amend, revise and consolidate the several acts relative to the village of Geddes in the county of Onondaga," 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 provide for the election of an additional assessor in the town of Southampton, in the county of Suffolk, and to fix the terms of office of assessors hereafter to be elected in said town," 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 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 regulate the practice of pharmacy, the licensing of persons to carry on such practice, and the sale of poisons in the county of Erie," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on public health.

Mr. Comstock moved to reconsider the vote by which the Assembly bill entitled "An act to amend chapter 12 of the Laws of 1884, entitled 'An act to provide for a commission to examine into the operation of the contract labor system in the prisons, penitentiaries and reformatories in this State," was lost.

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:

PRESENT, BUT DECLINING TO VOTE.

Campbell Murphy Plunkitt Van Schaick

The question being upon the final passage of the bill,

Mr. McCarthy asked that the roll of the Senate be called.

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The President directed the Clerk to call the roll, when the follow

ing Senators were found to be present:

PRESENT, BUT DECLINING TO ANSWER TO HIS NAME.

Murphy

18

1

1

Mr. Murphy, present, but declined to answer to his name.
Mr. McCarthy moved a call 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 directed the Senate chamber to be cleared of all persons except Senators and officers, and the Sergeant-at-Arms to bring in the absent Senators.

By unanimous consent,

The reporters were allowed to remain in the chamber.

On motion of Mr. McCarthy, the Clerk called the roll, when the fol

lowing Senators were found to be present:

Mr. McCarthy moved that the further proceedings under the call be dispensed with.

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

On motion of Mr. McCarthy, the Clerk called the roll, when the

following Senators were found to be present :

The President put the question whether the Senate would agree to the final passage of said bill, and eighteen Senators voted in favor thereof, and Messrs. Campbell, Murphy, Plunkitt and Van Schaick being present and refusing to vote, as follows:

Campbell

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PRESENT, BUT REFUSING TO VOTE.

Murphy Plunkitt Van Schaick

Also, the following, pursuant to direction of the President:

Mr. Campbell, present, but refuses to vote.

Mr. Murphy, present, but refuses to vote.

Mr. Plunkitt, present, but refuses to vote.

Mr. Van Schaick, present, but refuses to vote.

The President announced, that in accordance with the record so made, which shows that there are present over three-fifths of all the Senators elected, and which agree with my own observation, I do hereby declare that this bill having received the votes of a majority of all the Senators elected, three-fifths being present, has been duly and legally passed.

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same. Mr. Murphy moved that when the Senate adjourns, it be until Monday evening at 8 o'clock.

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

Mr. McCarthy moved that the Senate proceed to the consideration of general orders.

The President put the question whether the Senate would agree

to said motion, and it was decided in the affirmative, as follows:

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:

"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."

Assembly, "An act to amend section 2 of chapter 366 of the Laws of 1880, being 'An act to secure uniform ballots and preserve the purity of elections.""

After some time spent therein the President resumed the chair, and Mr. from said committee, reported in favor of the passage of the first-named bill, with amendments, which report was agreed to, and the same ordered engrossed for a third reading. Mr. from the same committee, reported in favor of the passage of the last-named bill, which report was agreed to, and the same ordered to a third reading.

,

On motion of Mr. Otis, and by unanimous consent, the rules were suspended and the committee of the whole discharged from the further consideration of Assembly bill No. 9, entitled "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," and the same ordered to a third reading.

Mr. McCarthy moved that the Senate do now adjourn until Tuesday morning at 11 o'clock. After debate,

Mr. Lansing moved that the Senate adjourn until Monday evening at 8 o'clock.

The President put the question whether the Senate would agree to said motion of Mr. Lansing, and the vote was as follows:

The President voted in the affirmative and declared the motion car

ried.

Whereupon the Senate adjourned.

MONDAY, MARCH 3, 1884.

The Senate met pursuant to adjournment.

Prayer by the Chaplain.

The journal of Saturday, March 1, was read and approved.
A message was received from the Governor in the words following:

To the Senate:

STATE OF NEW YORK, EXECUTIVE CHAMBER,
ALBANY, March 1, 1884.

}

I have the honor to transmit herewith a communication with accompanying documents, this day received from the Commissioner of Agriculture at Washington.

GROVER CLEVELAND.

Ordered, That said communication be laid upon the table and printed. (See Doc. No. 41.)

The Assembly returned the following entitled bills with a message that they had concurred in the passage of the same :

"An act authorizing the trustees of Willard Asylum for the Insane to purchase additional land."

"An act to amend an act entitled 'An act to amend, revise and consolidate the laws in relation to the village of Seneca Falls, in the county of Seneca,' passed April 20, 1874."

"An act making an appropriation for the payment of an award made by the State Board of Audit in favor of the Western House of Refuge." "An act to amend chapter 941, Laws of 1867, entitled 'An act to amend and consolidate the several acts relating to the charter of the village of Churchville, in the county of Monroe.'"

Ordered, That the Clerk deliver said bills to the Governor.