Mr. Gilbert from the committee of conference, submitted the following: To the Legislature: The undersigned appointed by the Senate and Assembly as a committee of conference relative to the matters of difference arising between the two Houses upon the Assembly bill entitled "An act to amend chapter 354 of the Laws of 1883, entitled 'An act to regulate and improve the Civil Service of the State of New York,' report that they have duly conferred upon said matters and agreed to recommend as follows, viz.: That the Assembly do concur in the amendments to the said bill as the same are passed in the Senate, and that the Assembly concur in the passage of said bill as so amended and as passed in the Senate, as follows: "An act to amend chapter 354 of the Laws of 1883, entitled 'An act to regulate and improve the Civil Service of the State of New York." The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section 5 of chapter 354 of the Laws of 1883, entitled "An act to regulate and improve the Civil Service of the State of New York," is hereby amended so as to read as follows: § 5. Any commissioner, examiner, copyist or messenger herein mentioned, or any other person who shall willfully and corruptly, by himself or in co-operation with one or more persons, defeat, deceive, or obstruct any person in respect of his or her right of examination according to any rules or regulations prescribed pursuant to the provisions of this act, or who shall willfully, corruptly and falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined pursuant to the provisions of this act, or aid in so doing, or who shall willfully and corruptly make any false representations concerning the same, or concerning the person examined, or who shall willfully and corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined or to be examined, shall for each offense be deemed guilty of a misdemeanor. § 2. Section 8 of said act is hereby amended so as to read as follows: § 8. The mayor of each city in this State is authorized and is hereby directed to prescribe such regulations for the admission of persons into the civil service of such city as may best promote the efficiency thereof and ascertain the fitness of candidates in respect to character, knowledge and ability for the branch of the service into which they seek to enter, and for this purpose he shall from time to time employ suitable persons to conduct such inquiries and make examinations, and shall prescribe their duties and establish regulations for the conduct of persons who may receive appointments in the said service. And the regulations so to be prescribed shall, among other things, provide and declare as in the second subdivision of the second section of this act is provided and declared in reference to regulations for admission to the civil service of the State. Within two months after the passage of this act it shall be the duty of each of said mayors in and by such regulations to cause to be arranged in classes the several clerks and persons employed, or being in the public service of the city of which he is mayor, and he shall include in one or more of such classes, so far as practicable, for the purposes of the examination herein provided for, all subordinate clerks and officers in the public service of the said city to whom his power under this act extends. After the termination of three months from the passage of this act, no officer or clerk shall be appointed, and no person shall be admitted to or be promoted in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules, until he has passed an examination, or is shown to be exempted from such examination, in conformity with such regulations. Such regulations hereafter prescribed and established, and any subsequent modification thereof, shall take effect upon the approval of the New York Civil Service Commission. Officers elected by the people, and the subordinates of any such officer for whose errors or violations of duty such officer is financially responsible; and the head or heads of any department of the city government; and persons employed in or who seek to enter the public service under the educational department of any city; and any subordinate officer who by virtue of his office has personal custody of public moneys or public securities, for the safe-keeping of which the head of an office is under official bonds, shall not be subject to the regulations prescribed pursuant to this section, nor shall any regulations contravene an existing statute relating to entrance to said service. It shall be the duty of all those in the official service of any such city to conform to and comply with any regulations made pursuant to this act, and to aid and facilitate in all reasonable and proper ways the enforcement of all regulations and the holding of all examinations which may be required under the authority conferred by this section. But the authority by this section conferred shall not be so exercised as to take from any policeman or fireman any right or benefit conferred by law, or existing under any lawful regulation of the department in which he serves. And all examinations herein authorized shall be public, and all regulations shall be published, and, with all the proceedings and papers connected with said examinations, shall be at all times subject to the inspection of said commission and its agents; and said commission shall set forth 'in its reports the character and practical effects of such examinations, together with its views as to the improvement and extension of the same, and also copies of all regulations made under the authority hereby conferred. § 3. Where before the passage of this act the mayor of any city herein mentioned has prescribed regulations pursuant to the power given him by the act hereby amended, such regulations shall be deemed to be established and prescribed and to be operative as if established, prescribed and approved under the provisions of the said act as hereby amended; and the examiners who before the passage of this act have by the mayor of any such city been appointed or designated under the provisions of the said act, shall be deemed to be appointed, and to have all the powers and duties which they would have if appointed under the provisions of the said act as hereby amended. § 4. In grateful recognition of the services, sacrifices and sufferings of persons who served in the army or navy of the United States in the late war, and have been honorably discharged therefrom, they shall be preferred for appointments to positions in the civil service of the State, and of the cities affected by this act over other persons of equal standing as ascertained under this act, and the act hereby amended; and a person thus preferred shall not be disqualified from holding any position in said civil service on account of his age, nor by reason of any physical disability, provided such disability does not render him incompetent to perform the duties of the position applied for. JOHN I. GILBERT, T. E. ELLSWORTH, J. HAMPDEN ROBB, GEORGE CLINTON, N. M. CURTIS, Senate Committee. LOUIS K. CHURCH, Assembly Committee. The President put the question whether the Senate would agree to the report of the committee of conference, and it was decided in the affirmative. Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence in the report of the committee of conference. Mr. Gibbs, from the committee on cities, to which was referred the subject of investigating the Department of Public Works of the city of New York, submitted a report in writing; which was laid upon the table and ordered printed. (See Doc. No. 57.) Mr. Daly, from the said committee, submitted a report upon the same subject in writing; which was laid upon the table and ordered printed. (See Doc. No. 57.) Mr. Daggett, from said committee, submitted a report upon the same subject in writing; which was laid upon the table and ordered printed. (See Doc. No. 57.) Mr. Gibbs introduced a bill entitled "An act relating to the Croton Water Fund of 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. Also, a bill entitled "An act relating to the unexpended balances of appropriations 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. Mr. Arkell introduced a bill entitled "An act to amend section 20 of title 3 of chapter 398 of the Laws of 1883, entitled 'An act to provide for the government of the city of Albany," which was read the first time, and by unanimous consent was also read the second time, and, On motion of Mr. Arkell, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading. Mr. Lansing introduced a bill entitled "An act to amend chapter 495 of the Laws of 1880, entitled 'An act to amend chapter 714 of the Laws of 1869, entitled An act to incorporate the city of Watertown, and certain acts supplementary thereto and amendatory thereof," which was read the first time, and by unanimous consent was also read the second time, and, On motion of Mr. Lansing, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading. Mr. Lansing moved that the Senate hold a session this evening at 8 o'clock. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. Mr. Lansing, from the committee on finance, to which was referred the Assembly bill entitled "An act making appropriation for the purchase of a service uniform for organizations of the National Guard of the State of New York," 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. Lansing, from the committee on finance, to which was referred the Assembly bill entitled "An act for the construction of drains to drain the basement of the Buffalo State Asylum for the Insane, and for relaying the concrete flooring in the basement of said asylum, and for replacing the tile flooring in the kitchen of said asylum with flagging, and for the construction of tramways from the kitchen through the basement of said asylum, to be used in running the vans required in the distribution and carriage of the food from the kitchen to the various dining-room elevators in said asylum, and to make an appropriation therefor," reported in favor of the passage of the same, which report was agreed to, and, On motion of Mr. Titus, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading. Mr. Lansing, from the committee on finance, to which was referred the Assembly bill entitled "An act authorizing the Commissioners of the Board of Claims to appoint a deputy clerk and for other purposes," 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. Arkell, from the committee on villages, to which was referred the Assembly bill entitled "An act to regulate the sale at public auction of goods, wares and merchandise in unincorporated villages," 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. Thomas, from the committee on public health, to which was referred the Assembly bill entitled "An act for the relief of the graduates of the College of Physicians and Surgeons of Buffalo," reported in favor of the passage of the same, which report was agreed to, and, On motion of Mr. Titus, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading. Mr. Daggett moved to reconsider the vote by which the Senate agreed to hold a session this evening. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, as follows: The President then put the question whether the Senate would agree to said motion of Mr. Lansing, and the result was as follows: The President voted in the affirmative, and declared the motion adopted. On motion of Mr. Cullen, the Senate took a recess until 8 o'clock, P. M EIGHT O'CLOCK, P. M. The Senate again met. Mr. Lansing introduced a bill entitled "An act to authorize the Commissioner of the New Capitol to purchase from the Commercial Telephone Company, wires, switch board, and other appliances, for the telephone system now in use in the Capitol, and to pay for the rental of telephones and making," which was read the first time, and by unanimous consent was also read the second time, and, Said bill 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, and three-fifths being present, as follows: Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The President presented a communication from the State Engineer and Surveyor relative to fishways on the Hudson river, etc., in reply to a resolution of the Senate of February 29, 1884; which was laid upon the table and ordered printed. (See Doc. No. 58.) Mr. Ellsworth, from the committee on the judiciary, to which was referred the bill introduced by Mr. Thacher, Int. No. 721, entitled "An act to release the title and interest of the people of the State of New York in certain real estate of which John Fallon died seized to the heirs at law of said John Fallon," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole. |