unpaid upon the shares of stock held by him; and, as touching the ability of the corporation to refund in damages, it may well be stated that under this bill, before commencing work, it is not necessary that any stock should be paid in, but only that the company shall show that the full amount of the capital stock, or a sufficient amount thereof has been subscribed, or other financial arrangements made for commencing within two years, and completing within five years from July 1, 1884, the first section of its road, from the Battery or Bowling Green through Broadway to Forty-second street.

It does not seem to me that the provision for the payment of private damages under this bill is adequate; nor so safe as under the previous law. And yet from the nature of the construction contemplated under that law, much less damage to private parties would ensue, and the apparent responsibility of the corporation does not appear to be improved by a reference to the twelfth section of the bill, which permits the directors to borrow any sum of money they may deem necessary, and to issue the bonds of the company for the sum so borrowed, and mortgage its corporate property rights and franchises to secure the payment of the same.

But if private parties who sustain damage by the construction of the road are inadequately protected, it appears to me that the municipality is also but little regarded.

This work is to be done in its busiest and most important street without any direction or supervision on its part. The commissioners who are to have some supervision, without the control they should have, of the work, are to be appointed by the Governor and paid by the constructing company. They are in no way responsible to any departments of the city. The municipality must stand by and see its main thoroughfare excavated and carried away and another construction substituted for it against its protest.

The same clause of the Constitution which requires the consent of the owners fronting on a street before it can be appropriated to the uses of a street railroad requires the consent of the local authorities in charge of the street.

But in this bill the principle which underlies that provision is entirely ignored.

The inexpediency and wrong of such a spoliation of the streets, without the consent of the local authorities, is aggravated in this bill by provisions which put the sub-surface sidewalks, after their construction, in charge of the city, and, as I apprehend, make it responsible for their maintenance and care. This is also the case respecting the sewers, water pipes and other property underground of a like nature, which the company is authorized to change and reconstruct. I cannot think that the provisions of this bill could be carried out without a violation of principle, which should not be permitted.

A large number of the owners of property on Broadway, who would be most seriously affected by this construction, as well as the mayor of the city, protest against the bill,

A law has lately been passed which promises to afford to the citizens of New York better means of travel and transit than they now enjoy.

The scheme proposed by this bill is to a great degree an experiment; and if it is to be tried at this time in the city of New York, it seems to me Broadway should not be selected for its operation.

The bill does not present such safe assurance as it should that the company will complete the road. A commencement and failure to finish the work would be a great calamity.

And I think many grave doubts exist as to the constitutionality of the bill in more than one of its features.

I am satisfied that the people of the city of New York will not suffer if they wait for the rapid transit which it is represented this bill will secure, until a measure can be prepared and passed, which will better protect public and private rights, and inspire more confidence in the success of the undertaking.

GROVER CLEVELAND.

Mr. Murphy moved that said message be laid upon the table. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

A message was received from the Assembly in the words following: IN ASSEMBLY, May 13, 1884.

Pursuant to concurrent resolution of the Senate and Assembly, the Governor returned the bill entitled "An act for the relief of Bernard A. Collins, as administrator with the will annexed of the goods, chattels and credits of Jerome J. Collins, deceased, who perished in the Arctic with De Long."

The vote upon the final passage of the said bill having been reconsidered, on motion of Mr. Haggerty, and by unanimous consent, the same was amended as follows:

Amend section 1 by striking out all after and including the word "therefrom," on line 20, page 2.

Add as section 2 the following:

"§ 2. The sum of $9,033.39, or so much thereof as may be necessary, is hereby appropriated out of any unexpended balance in the treasury, which shall be paid upon the warrant of the Comptroller by the Treasurer to Bernard A. Collins, as administrator with the will annexed of the goods, chattels and credits which were of Jerome J. Collins, deceased, in full satisfaction of said judgment."

Change section "2" to section "3."

Amend the title by adding the words "and making an appropriation therefor."

And as amended, passed and ordered to be sent to the Senate for

concurrence.

By order,

CHARLES A. CHICKERING, Clerk. The President put the question whether the Senate would agree to reconsider the vote by which said bill was passed, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, as follows:

The President then put the question whether the Senate would concur in said amendments, 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 return said bill to the Assembly, with a message that the Senate have concurred in their amendment.

The Assembly returned the bill entitled "An act for the better protection of life and property upon the railroads of this State, to promote the safer and better management of steam railroads," with a message that they had passed the same with the following amendments:

Section 8, line 1, after the word "each" insert the word "closed." Also, after the word "hand-saw," insert the following words: "To be properly placed so to be easily removed."

The President put the question whether the Senate would concur in said amendments, 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 return said bill to the Assembly, with a message that the Senate have concurred in their amendments.

The Assembly returned the bill entitled "An act to amend 'An act in relation to a fund or property proceeding from the trustees for the Society of United Christian Friends in the city of New York, a religious corporation, or from the congregation or society of said corpora tion,' passed May 10, 1877," with a message that they had passed the same with the following amendments:

Strike out all after the enacting clause, and insert the following: SECTION 1. Section 1 of chapter 265 of the Laws of 1877, entitled "An act in relation to a fund or property proceeding from the trustees for the Society of United Christian Friends in the city of New York, a religious corporation, or from the congregation or society of said corporation," is hereby amended by adding thereto the following:

66

Any one or more persons appointed as trustees pursuant to the resolution referred to in this section, or the executors or administrators of any one or more of them, may make the application allowed by this act in relation to the manner of disposing of said fund or of any fund

belonging to said society, or its proceeds and increase, or any part thereof. The said court on such petition or action shall have power to appoint a receiver of said property, with power to collect the same and the interest thereon, or a trustee with like powers, and the further power to dispose of the same as the court shall in one or more orders direct."

§ 2. Section 2 of said act is hereby amended by adding thereto the following:

It shall be lawful on such petition or action to make the persons, corporations, or institutions who have received any of said funds or issued their bond or certificate of deposit to any trustee or trustees of said fund, or to the executor of the will of any deceased trustee, whether the trust character be expressed in such bond or certificate or not, parties to such petition or action, merely that they may see that they are protected, on making such payments and giving such certificates of indebtedness as the court may direct."

§ 3. This act shall take effect immediately. Amend the title so as to read as follows:

"An act to amend and supplement chapter 265 of the Laws of 1877, entitled 'An act in relation to a fund or property proceeding from the trustees for the Society of United Christian Friends, in the city of New York, or from the congregation or society of said corporation."

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

Ordered, That the Clerk return saidbill to the Assembly, with a message that the Senate have concurred in their amendments.

The Assembly returned the bill entitled "An act in relation to the examination of the accounts of the surrogate's court and the transfer of the moneys and securities to the county treasurer," with a message that they had passed the same with the following amendments:

Page 2, line 2, after the word "books," insert the word "unsettled." Section 2, page 2, line 9, strike out the words "by which he was appointed," and insert in lieu thereof the words "in which he was appointed or at such time as such court shall direct."

Add at the end of section 2 the following: "But nothing herein shall be construed as requiring or authorizing an examination or report in regard to funds or securities which have been paid into or deposited in surrogates' courts by payment to or deposit with the county treasurer under the provisions of chapter 18 of the Code of Civil Procedure."

The President put the question whether the Senate would concur in said amendments, 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 return said bill to the Assembly, with a message that the Senate have concurred in their amendments.

The Assembly sent for concurrence the following resolution : Resolved (if the Senate concur), That a respectful message be sent to the Governor requesting the return, for amendment, of Assembly bill (not printed) entitled "An act to amend the charter of the Foundling Asylum of the Sisters of Charity, in the city of New York, by changing its corporate name."

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

Ordered, That the Clerk return said resolution to the Assembly, with a message that the Senate have concurred in the passage of the same. The bill entitled "An act to amend the Code of Civil Procedure," 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:

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

Mr. Otis moved that Assembly bill 290, entitled "An act to amend chapter 534 of the Laws of 1879, entitled 'An act for the preservation of moose, wild deer, birds, fish and other game,' as amended by chapter 531 of the Laws of 1880, and as amended by chapter 584 of the Laws of 1880," be recommitted to the committee on game laws.

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

The bill entitled "An act to amend section 23 of chapter 298 of the Laws of 1883, entitled 'An act to provide for the government of the city of Albany,' 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: