move its reporter, clerk and attendants. Whenever and as often as a majority of the judges of the court of appeals shall certify to the governor that said court is unable, by reason of the accu mulation 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 ap peals 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 all vacancies. No justice shall serve as associate judge of the court of appeals except while holding the office of justice of the su preme 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 eleotion law.

Ordered, That the Clerk deliver said concurrent resolution to the Secretary of State.

The bill (No. 1330) entitled "An act to amend section 79 of chapter 751 of the Laws of 1895, entitled 'An act to revise and consolidate the several acts in relation to the city of Hudson; to revise the charter of said city, and to establish a city court therein and define its jurisdiction and powers'" (Int. No. 337), was returned by the mayor of the city of Hudson with a certificate that a public hearing had been duly held on said bill in pursuance of law, and that the mayor and local legislative body had duly accepted the same.

Ordered, That the Clerk deliver said bill to the Governor.

The Assembly returned the bill (No. 1386) entitled “An act to provide compensation to the owners of cattle destroyed pursuant to chapter 674 of the Laws of 1894, and repealing certain acts relating thereto in the city of New York" (Int. No. 421), with a message that said bill had again been duly passed by the Assembly, the Speaker stating the question to be "Shall this bill become a law notwithstanding the objection of the mayor of the city of New York thereto ?" and it was decided in the affirmative, a majority of all the members elected to the Assembly voting in favor thereof, three

fifths being present. Said bill having been amended, and reprinted and on the desks of the members in its final form at least three calendar legislative days prior to its final passage.

Ordered, That the Clerk transmit said bill to the mayor of the city of New York for a hearing, pursuant to the provisions of the Constitution.

The Assembly returned the Senate bill (No. 1450) entitled "An act to amend section 759 of the Code of Criminal Procedure, relative to the argument of appeals " (Int. No. 168), with a message that the vote upon the final passage of said bill had been reconsidered, and that said bill as amended had been duly passed.

Ordered, That the Clerk deliver said bill to the Governor.

The Assembly returned the bill (No. 916, Assembly reprint No. 2162) entitled "An act to amend chapter 1018 of the Laws of 1895, entitled 'An act to provide for the sanitary protection of the sources of water supply of the city of Rochester, by the acquisition by said city of real property and interests therein necessary for that purpose and by the abatement and removal of sources of pollution'" (Int. No. 777), with a message that said bill was again duly passed by the Assembly on April 28, 1899, the Speaker stating the question to be "Shall this bill become a law notwithstanding the objections of the mayor of the city of Rochester thereto, the same having been accepted by a majority of the common council, the local legislative body of said city?" and it was decided in the affirmative, a majority of all the members elected to the Assembly voting in favor thereof, and three-fifths being present.

Ordered, That the Clerk deliver said bill to the Governor.

The Assembly returned the bill (No. 485) entitled "An act to amend chapter 410 of the Laws of 1882, entitled 'An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York,' in relation to buildings in the county of New York" (Int. No. 525), with a message that said bill was again duly passed April 28, 1899, the Speaker stating the question to be "Shall this bill become a law notwithstanding the objections of the mayor of the city of New York thereto?" and it was decided in the affirmative, a majority of all the members elected to the Assembly voting in favor thereof, and three-fifths being present.

Ordered, That the Clerk deliver said bill to the Governor.

The Assembly returned the bill (No. 40) entitled "An act in relation to the opening of the highway or avenue known as Prospect avenue, in the former town of Flatbush, Kings county, now a part of the city of New York" (Int. No. 40), with a message that said bill was again duly passed by the Assembly on April 28, the Speaker stating the question to be: "Shall this bill become a law notwithstanding the objection of the mayor of the city of New York thereto?" and a majority of all the members elected to the Assembly voted in favor thereof, three-fifths being present, said bill having been printed and upon the desks of the members in its final form at least three calendar legislative days prior to its final passage. Ordered, That the Clerk deliver said bill to the Governor.

The President appointed Messrs. Stranahan, Higgins and Grady as the committee on the part of the Senate to investigate the subject of taxation.

Mr. Ellsworth moved that the Senate take a recess until 1 o'clock p. m.

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

ONE O'CLOCK P. M.

The Senate again met.

The President designated Henry Reimans, assistant doorkeeper, and Jerome Wyle, James Little, Henry Selheimer and Roscoe Jolley, pages, to attend at the opening of the next session of the Senate.

The President designated James S. Whipple, Clerk; Charles A. Ball, assistant clerk; Lafayette B. Gleason, journal clerk; L. G. De. Cout, assistant journal clerk; and William P. Dodge, financial clerk, as the officers to remain and perform duty pursuant to the provisions of section 13 of the Legislative Law.

Mr. G. A. Davis offered the following:

Resolved, That a committee of two be appointed to wait upon the Governor and inform him that the Senate has concluded its business and is ready to adjourn.

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

The President appointed as such committee, Messrs. G. A. Davis, and Mr. Wagner.

Messrs. G. A. Davis and Wagner, the committee appointed to wait upon the Governor and inform him that the Senate had concluded its business and was ready to adjourn reported that they had performed that duty.

Mr. Thornton offered the following resolution:

Resolved, That a committee of two be appointed to wait on the Assembly and inform that body that the Senate has concluded its business and is ready to adjourn.

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

The President appointed Messrs. Thornton and Havens as such committee.

Messrs. Thornton and Havens, the committee to notify the Assembly that the Senate had concluded its business and was ready to adjourn, reported that they had performed that duty.

Messrs. Kelsey and Roche, a committee from the Assembly, appeared in the Senate and announced that the Assembly had completed its labors and was ready to adjourn.

The President announced that the hour of one o'clock having arrived, pursuant to concurrent resolution heretofore adopted, the Senate was adjourned sine die.

JAMES S. WHIPPLE,

Clerk.