Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate has concurred in the passage of the

same.

At eleven o'clock and twenty minutes, Mr. Knight moved that the Senate stand in recess until twelve o'clock, noon.

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

TWELVE O'CLOCK

The Senate again met.

The hour of twelve o'clock having arrived, the President announced that pursuant to law, and agreeable to a resolution heretofore adopted, the Senate would proceed to nominate a candidate for the office of Regent of the University, in place of Roland B. Woodward of the city of Rochester, county of Monroe, Seventh Judicial District, whose term of office is about to expire.

Whereupon, the following Senators when their names were called arose in their places and nominated as follows:

A quorum having voted, and a majority having nominated Roland B. Woodward, the President announced that Roland B. Woodward of the city of Rochester, county of Monroe, Seventh Judicial District, had been duly nominated for the office of Regent of the University, for a term of twelve years from the first day of April, 1926.

The President then announced that the Senate would proceed to nominate a candidate as Member of the Council of Farms and Markets in place of William F. Pratt, of the city of Batavia,

county of Genesee, Eighth Judicial District, whose term of office is about to expire.

Whereupon, the following Senators when their names were called arose in their places and nominated as follows:

A quorum having voted and a majority having nominated Donald Woodward, the President announced that Donald Woodward of the village of LeRoy, county of Genesee, Eighth Judicial District, had been duly nominated as a Member of the Council of Farms and Markets, for a term of ten years from the first day of April, 1926.

The Assembly sent for concurrence the bill (No. 552, Rec. No. 14) entitled "An act making appropriations for the support of government," which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Hewitt, and by unanimous consent, said bill was substituted for Senate bill (No. 393, Int. No. 386), now on the order of third reading.

Mr. Schackno moved that the committee of the whole be discharged from the consideration of Senate bill (No. 178, Int. No. 178) entitled "An act to amend the Inferior Criminal Courts Act of the City of New York, in relation to jurisdiction in proceedings relating to children born out of wedlock," and that said bill be amended, reprinted and recommitted to the committee of the whole. The President put the question whether the Senate would agree to said motion and it was decided in the affirmative.

The Senate bill (No. 528, Int. No. 197) entitled "An act in relation to the application and time of application of certain acts of the years nineteen hundred and twenty, nineteen hundred and twenty-one, nineteen hundred and twenty-two, nineteen hundred and twenty-three and nineteen hundred and twenty-four, relating to defenses in actions based upon unjust, unreasonable and opperssive agreements for rent of premises occupied for dwelling purposes in certain cities, and to actions and proceedings to recover the possession of real property in certain cities," was read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, the necessity for the immediate passage of the same having been certified by the Governor, 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 its concurrence therein.

The Assembly bill (No. 552, Rec. No. 14) entitled "An act making appropriations for the support of government," was 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:

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate has concurred in the passage of the same. Mr. Knight moved that the Senate do now adjourn.

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

WEDNESDAY, FEBRUARY 10, 1926

The Senate met pursuant to adjournment. Prayer by Rev. Joseph A. Delaney.

The journal of February 9th was read and approved.

Mr. Baumes introduced a bill (Int. No. 544) entitled "An act authorizing and directing the supervisor of the town of Montgomery, Orange county, to pay to the treasurer of the village of

Maybrook certain money collected in such village on account of highway taxes of such town," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns, counties and public highways.

Mr. Bouton introduced a bill (Int. No. 545) entitled "An act to amend the Tax Law, in relation to providing for a tax on gasoline and similar motor fuel," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on taxation and retrenchment.

Mr. Cole introduced a bill (Int. No. 546) entitled "An act to amend chapter one hundred and eight of the Laws of nineteen hundred and twenty-four, entitled 'An act authorizing The Clifton Springs Sanitarium Company to borrow money and issue its notes or bonds therefor and to secure the payment thereof by a mortgage upon its property in order to raise money to erect buildings or make other improvements upon its property, and for the general purposes for which said corporation is created,' in relation to increasing the amount which said company or its trustees on its hehalf may borrow for the purposes set forth in said act, and secure the payment of as therein provided," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Also, a bill (Int. No. 547) entitled "An act to amend the County Law, in relation to compensation of county judge and surrogate of Steuben county," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns, counties and public highways.

Also, a bill (Int. No. 548) entitled "An act to amend the Farms and Markets Law, in relation to the jurisdiction of courts to kill or confine dogs," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on agriculture.

Mr. Gibbs introduced a bill (Int. No. 549) entitled "An act to amend the Public Service Commission Law, in relation to osteopathy," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on public health.

Mr. Hewitt introduced a bill (Int. No. 550) entitled "An act making an appropriation for the contributions of the State for the repair and improvement of town highways, in accordance with the requirements of section one hundred and one of the Highway Law, maintenance and repair of county roads, to meet the requirements of chapter one hundred and thirty-seven of the Laws of nineteen hundred and eleven," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Also, a bill (Int. No. 551) entitled "An act making an appropriation for the contributions of the State to the counties for the 17

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construction and improvement of certain highways and county roads, in accordance with section three hundred and twenty-b of the Highway Law," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Mr. Karle (by request) introduced a bill (Int. No. 552) entitled "An act to amend the Public Health Law, in relation to the practice of chiropody and podiatry," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on public health.

Mr. Keck introduced a bill (Int. No. 553) entitled "An act to amend the Conservation Law, in relation to notices in private parks," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on conservation.

Mr. Lipowicz introduced a bill (Int. No. 554) entitled "An act to amend the Public Service Commission Law, in relation to the definition of the term common carrier, so as to except from such definition municipally owned bus line or other transportation facility," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on public service.

Also, a bill (Int. No. 555) entitled "An act to amend the Transportation Corporations Law, so as to permit cities to operate, lease, own and maintain bus lines, stage routes or motor vehicle lines, or to consent to the operation of bus lines, stage routes or motor vehicle lines in said cities without obtaining a certificate of convenience and necessity from the Public Service Commission," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on general laws.

Also, a bill (Int. No. 556) entitled "An act to amend the City Home Rule Law, in relation to the power of cities to adopt and amend local laws," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on affairs of cities.

Also, a bill (Int. No. 557) entitled "An act to amend the Transportation Corporations Law so as to except cities from the enumeration therein of additional persons and corporations subject to the Public Service Commission Law," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on general laws.

Mr. Nicoll introduced a bill (Int. No. 558) entitled "An act to amend section twelve of the Personal Property Law, in relation to gifts and bequests of personal property for charitable purposes, ," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on general laws.

Mr. Thompson introduced a bill (Int. No. 559) entitled "An act to amend chapter one hundred and thirty-one of the Laws of nine