to the governor that said court is unable, by reason of the accumulation of causes pending therein, to hear and dispose of the same with reasonable speed, the governor shall designate not more than four justices of the supreme court to serve as associate judges of the court of appeals. The justices so designated shall be relieved from their duties as justices of the supreme court and shall serve as associate judges of the court of appeals until the causes undisposed of in said court are reduced to two hundred, when they shall return to the supreme court. The governor may designate justices of the supreme court to fill vacancies. No justice shall serve as associate judge of the court of appeals except while holding the office of justice of the supreme court, and no more than seven judges shall sit in any

case.

§ 2. Resolved (if the assembly concur), That the foregoing amendment be submitted to the people for approval at the next general election in accordance with the provisions of the election law.

Which report was agreed to, and said concurrent resolution committed to the committee of the whole.

The President announced the special order, being the consideration of Senate bill No. 1149, entitled "An act in relation to the civil service of the State of New York, cities and civil division thereof." (Int. No. 355.)

Mr. White 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.

}

By direction of the President, the Clerk called the roll, when the following members responded:

The Clerk furnished a list of absentees to the Sergeant-at-arms, who appeared in due time before the bar of the Senate, with Messrs. Raines, G. A. Davis, Brown, Douglas, D. F. Davis, Elsberg

Plunkitt Wilcox

Ramsperger Willis

45

and Ford, each of whom, upon giving satisfactory explanation for being absent, was excused.

Mr. White moved that all further proceedings, under the call of the Senate, be suspended.

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

Mr. Grady moved that said bill be recommitted to the committee on the judiciary, with instructions to said committee to report the same forthwith amended, by striking the enacting clause therefrom.

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

By direction of the President, the Clerk called the roll, and the following Senators answered as their names were called:

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, the same having been printed and upon the desks of the members in its final form for three calendar legislative days, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths bein present, as follows:

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

The President announced the special order, being the motion of Mr. Higgins to suspend rules Nos. 1, 4, 9, 12, 15, 19, 31 and 45 for the purpose of reading, passing and transmitting to the Assembly out of its order Senate bill No. 780, entitled " An act to provide for the establishment of a State electric plant, and making an appropriation therefor." (Int. No. 690.)

Mr. Higgins 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.

By direction of the President, the Clerk called the roll, when the following members responded:

The Clerk furnished a list of absentees to the Sergeant-at-Arms, who appeared in due time before the bar of the Senate, with Messrs. D. F. Davis and Marshall, each of whom upon giving satisfactory explanation for being absent, was excused.

Mr. Higgins moved that all further proceedings, under call of the Senate, be suspended.

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

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

Mr. Higgins moved that said bill be now read the third time. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. 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, the same having been printed and upon the desks of the members in its final form for three calendar legislative days, 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:

Ambler

FOR THE AFFIRMATIVE.

Coggeshall Armstrong Davis D F

Ordered, That the Clerk deliver said bill to the Assembly, and

request their concurrence therein.

Mr. Ellsworth moved that the Senate take a recess until 4:30

o'clock p. m.

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

FOUR O'CLOCK AND THIRTY MINUTES P. M.

The Senate again met.

Mr. Ambler offered the following:

Resolved, That the committee of the whole be discharged from the further consideration of Senate bill No. 882, entitled "An act empowering and authorizing the commissioner of agriculture to investigate food adulterations and adulterated foods and making an appropriation therefor" (Int. No. 454), and that the same be ordered to a third reading.

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

Mr. Brown offered the following:

Resolved, That the committee of the whole be discharged from the further consideration of Senate bill No. 689, entitled "An act to amend the Code of Civil Procedure, in relation to witnesses in foreign actions" (Int. No. 513), and that said bill be recommitted to the committee on codes with instructions to said committee to report the same forthwith amended so as to read as follows:

AN ACT to amend section nine hundred and fourteen, nine hundred and fifteen, nine hundred and nineteen and nine hundred and twenty and to repeal sections nine hundred and seventeen and nine hundred and eighteen of the code of civil procedure, relating to depositions taken within the state for use without the state.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section nine hundred and fourteen of the code of civil procedure is hereby amended so as to read as follows:

§ 914. In what cases deposition may be taken; provisions of this article exclusive.-A party to an action, suit, or special proceeding, civil or criminal, pending in a court without the state, either in the United States, or in a foreign country, may obtain, in the manner prescribed in this article, the testimony of a witness, and in connection therewith, the production of books and papers, within the state, to be used in the action, suit, or special proceeding. § 2. Section nine hundred and fifteen of the code of civil procedure is hereby amended so as to read as follows:

§ 915. Subpoena to witness.-Where a commission to take testimony, within the state, has been issued from the court in which