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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, with amendments.

The Assembly bill entitled "An act to provide for the improvement of the Salmon river, and a branch of the same known as the Mad river, in the counties of Oswego, Lewis and Jefferson, and to make an appropriation therefor," 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 bill entitled "An act to organize the Veteran Reserves of the National Guard of the State of New York," having been announced for a third reading,

Mr. Robb moved to recommit said bill to the committee on military affairs, with instructions to amend the same as follows:

Strike out all after the enacting clause and insert the following: "SECTION 1. The Commander-in-Chief is hereby authorized to appoint a commission of five members who are or have been officers of the National Guard, to prepare and to report to the Legislature at its next session a plan for the organization of a National Guard Reserve, to consist of honorably discharged officers and members of the National Guard. Said commission shall serve without pay and without expense to the State.

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§ 2. This act shall take effect immediately."

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

Said bill, as amended, was then 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, as follows:

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Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

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The Assembly bill entitled "An act to establish a State board of pharmacy, and to regulate the practice of pharmacy throughout the State of New York, except in the counties of New York, Kings and Erie," 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 bill entitled "An act to regulate the fees and charges for elevating, receiving, weighing, discharging and storing grain in and by means of floating and stationary elevators and warehouses in this State," having been announced for a third reading,

Mr. Thomas moved to amend as follows:

Add the following as subdivision four (4).

"Vessels and canal boats shall provide for trimming only. In the process of discharging grain by means of elevators, the vessel or canal boat shall provide only for what is commonly called shoveling or trimming to the leg of the elevator."

Mr. Titus moved to recommit said bill, with instructions to strike out section 5 as follows:

§ 5. This act shall not apply to any village, town, or city, having less than one hundred thousand inhabitants according to the last

census.

The President put the question whether the Senate would agree to said motion of Mr. Titus, and it was decided in the affirmative, as follows:

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On motion of Mr. Thomas, the bill was laid aside.

Mr. Lansing offered the following:

Whereas, Telegraphic information has just been received announcing the dangerous illness of the eldest son of William McDonald, a witness now confined in the Albany county jail for contempt, pursuant to an order of this Senate; therefore,

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Resolved, That the sheriff of Albany county be requested to permit said McDonald to go to his home in the custody of the sheriff or his representative.

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

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Mr. Thomas offered the following concurrent resolution for the appointment of commissioners to examine the Civil Code :

Resolved (that if the Assembly concur), The Governor is authorized to appoint three commissioners to examine the Civil Code now before the Legislature, and report at the beginning of the next legislative session upon the propriety of adopting the same, and, if so, what, if any, amendments are advisable. The commissioners shall receive no compensation for their services. Any vacancy may be filled by the Governor.

Ordered, That said resolution be laid upon the table under the rule. Mr. Ellsworth, from the committee on the judiciary, to which was referred the bill introduced by Mr. Campbell, Int. No. 722, entitled "An act to amend the Code of Civil Proceedure," reported in favor of the passage of the same, which report was agreed to, and,

On motion of Mr. Campbell, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Thomas, from the committee on public health, to which was referred the bill introduced by Mr. Vedder, Int. No. 719, entitled "An act to regulate the practice of medicine and surgery in the State of New York, by Indians on the reservations thereof," reported in favor of the passage of the same, which report was agreed to, and

On motion of Mr. Vedder, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

On motion of Mr. Comstock, and by unanimous consent, the committee on canals was discharged from the further consideration of Assembly bill, printed No. 653, entitled "An act to provide for the erection of an iron foot-bridge over the Champlain canal in the village of Whitehall," and the same ordered to a third reading.

Mr. Ellsworth offered the following:

Resolved, That the committee of the whole be discharged from the further consideration of Assembly bill, printed No. 595, entitled "An act to confer additional powers upon the trustees and officers of incorporated villages in the State of New York," and that the same be ordered to a third reading.

By unanimous consent,

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

On motion of Mr. Otis, and by unanimous consent, the committee of the whole was discharged from the further consideration of Assembly bill, printed No. 540, 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 Military Code,'" and the same ordered to a third reading.

Mr. Kiernan moved that Assembly bill, printed No. 334, entitled "An act in relation to declaring certain contracts for the sale, purchase or transfer of personal property, to be construed as bets or wagers under the operation of the Penal Code," be considered in 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.

On motion of Mr. Thomas, and by unanimous consent, the committee of the whole was discharged from the further consideration of Senate bill, printed No. 468, entitled "An act to amend chapter 468 of the Laws of 1881, entitled 'An act to authorize the formation of corporations for the purpose of acquiring, constructing and operating railroads in foreign countries,"" and the same ordered to a third reading. On motion of Mr. Newbold, and by unanimous consent, the finance committee was discharged from the further consideration of Assembly bill, printed No. 159, entitled "An act supplemental to chapter 187 of the Laws of 1881, entitled 'An act to provide for the establishment of a house of refuge for women,' and making an additional appropriation for the erection of a building," and the same ordered to a third reading.

Mr. McCarthy offered the following:

Whereas, The burden of taxation for the support of local and State government should fall equally upon all property and business, its present inequality demands great reform, which can only be accomplished through exhaustive investigation, wise thought and patient labor, which cannot be given to it by the tax committee during the session of the Legislature; therefore

Resolved, That the committee on taxation and retrenchment of the Senate be and they are hereby authorized to sit during the recess of the Senate at such places in this State as they may deem proper, with power to send for persons and papers, to inquire into the whole subject of taxation, and to seek by legislation to lighten its burden upon the people. They shall have power to employ counsel, and a clerk if deemed advisable, and to incur any other necessary expense for the proper discharge of their duty, and shall report, by bill or otherwise, the result of their investigation to the next Legislature during the rst

week of its session.

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

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Mr. McCarthy offered the following:

Whereas, It is provided in the General Railroad Laws of this State

that, upon the organization of any corporation thereunder, ten per cent of the capital stock subscribed shall be paid in as a condition precedent to its corporate existence, and as a guaranty that the corporators will, in good faith, construct and maintain their road, and will pay for the labor and material done and furnished therefor, and will in all respects discharge faithfully its obligations, as well to the public as to its creditors; and

Whereas, It is matter of public notoriety that such guaranty and the obligations thereunder have been evaded or sought to be evaded by means of what are known as construction companies organized under the laws of this or other States, and by means of which railroad companies have succeeded in defeating or delaying, or have attempted to defeat or delay the just claims of laborers, contractors and other creditors thereof; and

Whereas, It is of the highest public interest that such evasion of law shall be prevented, and to that end that the Legislature shall be fully informed of the mode, manner and means of such evasion; therefore,

Resolved, That the standing committee on railroads of the Senate be and they are hereby authorized, during the recess of the Senate, to inquire into the practices and management of such railroad corporations of this State as are charged with such evasion of law, and into the management and practices of such construction companies as have co-operated with railroads in effecting such evasion of law, and also into the relation and contracts existing or as have existed between such railroad companies and such construction companies, and to report to the Legislature during the first week of its session in 1885, by bill or otherwise, such remedial legislation as they may deem necessary to correct the evil complained of, and to protect the industrial and corporate interests of the people of this State.

Such committee shall have power to send for persons and papers, to employ a stenographer and such clerical and legal aid as they may require, and may take testimony in any part of this State.

The President put the question whether the Senate would agree to said resolution, and it was decided in the negative, a majority of all the Senators elected not voting in favor thereof, as follows:

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Mr. McCarthy moved to reconsider the vote by which said resolution was lost, and that said motion lie upon the table.

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

On motion of Mr. Fassett, and by unanimous consent, the committee of the whole was discharged from the further consideration of Assembly bill, printed No. 119, entitled "An act to amend section 1 of chapter 305 of the Laws of 1880, entitled 'An act to authorize and of facilitate the construction and improvement of sidewalks in the streets of unincorporated villages, and the application of highway labor thereto,'" and the same ordered to a third reading.

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