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District Number Sixteen
District Number Seventeen.
District Number Eighteen.
District Number Nineteen.
District Number Twenty
District Number Twenty-one
District Number Twenty-two
District Number Twenty-three.
District Number Twenty-four
District Number Twenty-five
District Number Twenty-six
District Number Twenty-seven.
District Number Twenty-eight.
District Number Twenty-nine.
District Number Thirty
District Number Thirty-one
District Number Thirty-two

Michael F. Collins.
Norton Chase.
Harvey J. Donaldson.
Louis W. Emerson.
George Z. Erwin.
George B. Sloan.
Henry J. Coggeshall.
Titus Sheard.
Edmund O'Connor.

Francis Hendricks.
Thomas Hunter.
J. Sloat Fassett.
Charles T. Saxton.
Donald McNaughton.

Greenleaf S. Van Gorder.

John Laughlin.

Commodore P. Vedder.

Given under our hands at the office of the Secretary of State of said State, in the city of Albany, the eighteenth day of December, in the year of our Lord, one thousand eight hundred and eighty-nine. FREDERICK COOK, Secretary of State. EDWARD WEMPLE, Comptroller.

LAWRENCE J. FITZGERALD, Treasurer.
CHARLES F. TABOR, Attorney-General.

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I certify that I have compared the foregoing with an original certificate filed in this office, and that the same is a correct transcript therefrom, and of the whole of such original.

[L. S.]

Given under my hand and seal of office, at the city of Albany, this 18th day of December, 1889.

FREDERICK COOK,

Secretary of State.

Prayer was offered by the Rev. Wm. H. Tracey.

The Senators having taken and subscribed the constitutional oath of office, the President addressed the Senate as follows:

SENATORS.-At the annual assembling of the Senate it has been the custom of the presiding officer to make some remarks, seldom rising, however, to the dignity of an address. It is usually, and certainly in this instance, intended to be a kindly welcome to those whom the people have designated to represent them. An introduction, as it were, to the duties assigned by the Constitution, and a reminder of the obligations which we all owe to our constituents. Legislators too often forget that they are only a portion of the people, sent here to protect the people's interest, and in their forgetfulness assume powers and commit acts that only can be explained on the ground that in their estimation their first duty is to care for their own private interests. Second, their obligations

are to the political party to which they belong, and then to render such services as they may to the people. A citizen without legislative experience or knowledge of law-making has ideas as to the methods and results that are very different from the real facts. There are some people who think that all questions are here considered on their merits; that all that is required is a good cause and success will reward their desires; that it is only necessary to point out an evil to insure its correction; that all persons, regardless of social or financial position, or of their political affinity, stand upon a platform of equality before this great tribunal: and that the representatives that are sent here to protect the people's interests have but one rule, which is "the greatest good to the greatest number." They have studied our theory of legislation, and find that it provides a method or course by which it would seem almost impos. sible that a wrong could prevail, and that right would only succeed, They have read our rules of procedure, and notice with what carefu supervision each step is guarded, so that it seems to them that when a bill has successfully passed the established ordeal that it can contain no wrong, and wonder why the necessity of courts to construe the meaning of our laws. How can there be any doubt where so much care and so much wisdom has been exercised? It is supposed that a bill on its introduction is referred to a committee having relative subjects in charge; at its meeting the bill is carefully read and fully discussed, perhaps amended, and if considered meritorious, reported and its passage recommended. It is then referred to the committee of the whole, carefully read, section by section, and every legislator knowing its provisions votes on its merits; thence it goes to a third reading, where it may be amended or defeated, if perchance it should be found unworthy. This is the theoretical method of legislation. How different, in many respects, are the facts. The bill is introduced, and referred by the chair, in its discretion, to the committee to which, in his opinion, it should go; but how often the request is made, for reasons best known to the mover, that it be sent to some other committee, to which an objection is the exception. The committee to whom the bill is referred sometimes never hears of it again until it is reported and its passage recommended by the chairman on his own volition. It is usually then sent to the committee of the whole, and at an opportune moment the promoter of the measure, finding the Senate in a gracious mood, moves that the committee of the whole be discharged from its further consideration and that the bill be ordered to a third reading, and it is read in the usual slighting manner with which we are all familiar. And bills in this way are passed without ever having been read except by the engrossing clerk. The committee of the whole was ignored during the last session of the Senate to such an extent that it became a public scandal. The committee of the whole is the principal safeguard against wrong legislation. Its uses are many. It brings a knowledge of the proposed legislation not only to the members themselves, but the public consideration of a measure enables the people, through the "press," to get information as to what their representatives are attempting to do, thus affording an opportunity for criticism and protest. Secret or star-chamber legislation is bad

enough, but far worse is this criminal process of no consideration or knowledge of a measure beyond the fact that an influential Senator says "it is all right" and desires its passage. This passage of bills "by favor" is becoming more common and is the opportunity for corrupt and unfair legislation. Senators have frequently protested to me in private conversation against such methods, and on being asked, "Why don't you protest in open Senate?" reply that they can not afford to do it, for it would endanger the passage of their own bills. The people's money is squandered and the State is robbed through the venality of some, the negligence and timidity of others. He who sits quietly by and permits such things to be done is morally responsible therefor. There are men who are personally honest and in their own lives above reproach, whose protest would prevent these wrongs, who allow their consummation because party and personal obligations override their duty to the people. They sacrifice their honor and self-respect at the command of King Caucus. Political parties are a necessity, and the caucus or conference an indispensable adjunct, but when private bills or personal measures, in which party can have no rightful interest, are directly or indirectly controlled by caucus action, the power of caucus is carried too far. And a legislator who permits himself to be influenced against his sense of right and wrong is better fitted for an asylum of the weak-minded than for senatorial honors. But it is the custom to make almost every question a matter of party politics, and its effect on party interests are the only considerations. Who is there, for a moment, that thinks if our legislators had the interests of the people solely in view, that they would have to demand and redemand from year to year the reforms for which they have so long been asking. Putting party prejudices aside, would there be any difficulty in framing a measure that would insure an honest ballot and a true count? We are all for "ballot reform," but the difficulty is that our efforts are devoted to the conception of a law that will prevent our opponents from committing fraud, bribery or coercion, and, at the same time, permit us to be as dishonest as our interest for the time may seem to demand. Senators, if you really mean ballot reform, if you intend to purify our elections, it can only be done by exercising a spirit of concession and compromise. It is not given to one side to have all the wisdom and knowledge or sincerity on this or any other important measure in which the people are interested. Those of you who are honestly in favor of ballot reform will hasten to pass the best bill that the times and circumstances will permit to become a law, fearing not the submission of your action to the verdict of the people, which will find ready expression through the voice, the press and the polls. If you should relegate politics and prejudice to the rear, how long would it take to form a just and equitable excise measure? To adjust fairly the differences between capital and labor? To pass an act enabling New York city to provide for the transit of her people as the necessities of her rapidly increasing population demands? There are many other measures, the consideration of which should never be admitted within the precincts of party caucus. These matters, of which I have truly and plainly spoken, are familiar to you all. It is only from a sense of duty that I call your attention to

them publicly, as my constitutional prerogatives afford me no controlling action. I can but protest. My association with many of you for four years has inspired a friendship and respect which makes vour character as legislators as dear to me as if I shared the responsibility. With the hope, Senators, that the Legislature now convening will be noted for the able and conscientious discharge of the obligations of its members, the harmony of its proceedings and the brevity of its session, I most respectfully commend you to your duties. Mr. Hendricks offered the following:

Resolved, That pursuant to chapter 653 of the Laws of 1886, John S. Kenyon be and he is hereby appointed and elected Clerk of the Senate, to commence from the date hereof, and to continue during the sessions of 1890 and 1891.

Mr. Collins moved to amend said resolution by striking out the name of John S. Kenyon, and inserting in place thereof the name of Charles S. DeFreest.

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

The President then 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. Kenyon appeared and took the constitutional oath of office. Mr. Coggeshall offered the following:

Resolved, That pursuant to chapter 653 of the Laws of 1886, Charles V. Schram be and he is hereby appointed Sergeant-at-Arms of the Senate during the years 1890 and 1891.

Mr. Chase moved to strike out the name of Charles V. Schram, and insert in place thereof the name of Edward F. Duffy.

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

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

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The President of the Senate announced the following appointments: C. F. R. Coe as President's clerk, and as President's

messenger Edwin McGoldrick.

Mr. Vedder offered the following:

Resolved, That pursuant to chapter 653 of the Laws of 1886, Addison G. Vreeland be and he is hereby appointed postmaster of the Senate for the years 1890 and 1891.

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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Resolved, That pursuant to chapter 653 of the Laws of 1886, Edward R. Gibbons be and he is hereby appointed principal doorkeeper of the Senate during the years 1890 and 1891.

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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Resolved, That pursuant to chapter 653 of the Laws of 1886, James Holmes be and he is hereby appointed assistant postmaster of the Senate for the years 1890 and 1891.

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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Resolved, That pursuant to chapter 653 of the Laws of 1886, James H. Baker, J. Henry Otis, Jerry McCarthy and John Warwick be and they are hereby appointed assistant doorkeepers of the Senate during the years 1890 and 1891.

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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