Also, a bill (Int. No. 157) entitled "An act to amend the Judiciary Law, in relation to the compensation of the consultation clerk to the justices of the Appellate Division, Third Department, and making an appropriation therefor," 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. 158) entitled "An act to amend chapter one hundred and eighty-five of the Laws of eighteen hundred and eighty-three, entitled 'An act in relation to the collection of taxes in the county of Livingston, and to legalize all sales for taxes in the county of Livingston, sold under and by virtue of chapter sixty-five of the Laws of eighteen hundred and seventy-eight, entitled 'An act to amend the statutes in reference to the collection of taxes in the counties of Livingston, Montgomery and Oswego, and all acts amendatory thereof, or supplementary thereto, and to repeal said chapter sixty-five of the Laws of eighteen hundred and seventy-eight and the acts amendatory thereof, and supplementary thereto, so far as the provisions thereof relate to or affect the county of Livingston,' generally, and to legalize all sales for taxes in such county, and other proceedings, under the provisions of such chapter," 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. Brown introduced a bill (Int. No. 159) entitled "An act providing for the erection of a State armory in or near the city of Schenectady, and the acquisition of a site therefor at the expense of the county of Schenectady, authorizing the issuance of bonds therefor by such county, and making an appropriation for building said armory," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Mr. Kirkland introduced a bill (Int. No. 160) entitled "An act to amend the State Boards and Commissions Law, in relation to the time of holding the State fair," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Mr. Downing introduced a bill (Int. No. 161) entitled "An act to establish the reorganization commission, prescribing its powers and duties, and making an appropriation therefor," 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. 162) entitled "An act to amend the Workmen's Compensation Law, in relation to insurance carriers," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance.

Also, a bill (Int. No. 163) entitled "Concurrent resolution of the Senate and Assembly proposing three new sections to article fourteen of the Constitution, in relation to amendments to the Constitution by petition of the people," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Mr. Mastick introduced a bill (Int. No. 164) entitled "An act to amend the Domestic Relations Law, in relation to the right of action by or against a married woman for torts," 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. 165) entitled "An act to amend the Education Law, in relation to the employment of teachers and prohibiting discriminations based on sex," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on public education.

Also, a bill (Int. No. 166) entitled "An act to amend the Civil Practice Act, in relation to dower and curtesy," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

Also, a bill (Int. No. 167) entitled "An act to amend the Real Property Law, in relation to dower and curtesy," 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. 168) entitled "An act to amend the Domestic Relations Law, in relation to guardianship and parental rights," 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. Hewitt introduced a bill (Int. No. 169) entitled "An act to appropriate the miscellaneous receipts on account of the improvement of the Cayuga and Seneca Barge canal, under chapter three hundred and ninety-one of the Laws of nineteen hundred and nine, and acts amendatory thereof and supplemental thereto, for the purpose of said improvement," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Mr. Thompson introduced a bill (Int. No. 170) entitled "An act authorizing the village of Cedarhurst, Nassau county, to issue bonds for ornamental street lights and to levy taxes for the payment thereof," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on affairs of villages.

Also, a bill (Int. No. 171) entitled "An act to amend the Village Law, in relation to public inspection and parade of the fire department," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on affairs of villages.

Mr. J. F. Williams introduced a bill (Int. No. 172) entitled “An act to amend the Highway Law, in relation to disposition of fees realized from operation of provisions of such law relating to motor vehicles," 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. Hewitt introduced a bill (Int. No. 173) entitled "An act to appropriate the miscellaneous receipts on account of the improve

ment of the Erie, Oswego and Champlain canals, under chapter one hundred and forty-seven of the Laws of nineteen hundred and three, and acts amendatory thereof and supplemental thereto, for the purpose of said improvement," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

The Assembly sent for concurrence the bill (No. 94, Rec. No. 1) entitled "An act making an appropriation for extra clerical service to new committees of the Senate and Assembly," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Mr. Downing offered a resolution, in the words following: Whereas, The people of the State and city of New York have suffered a series of abuses at the hands of the New York Telephone Company for the alleviation of which neither through the Public Service Commission nor the courts have they been able to obtain relief.

Whereas, Instead of cooperating with the people whose complaints have been voiced to the Public Service Commission and through the public press, special privileges not enjoyed by any other class of public utilities have been conferred upon the New York Telephone Company, to wit:

1. They are allowed to charge and collect for service in advance. 2. Where service rendered is not paid for promptly they are allowed to exact the exorbitant penalty of $1.00 for reinstating such service in spite of the fact that the only labor performed is pulling a plug out of the switchboard where the connection rings in which automatically notifies the operator that service has been restored.

3. They have been allowed to execute a measured or limited service contract, which contract is based on the use of the telephone for one year, but the measured service is based on a limited number of calls per month and if no calls are used in January and the service in February exceeds the net number of calls allowed for a given month, no credit is given for the calls not used in the preceding month.

4. They have been allowed to pay to the parent company the American Telephone and Telegraph Company, which latter company increased its capital stock as evidenced by a certificate filed in the office of the Secretary of State during the year 1925 by five hundred million dollars, the sum of $2 per year as rental for the use of each and every instrument used by the New York Telephone Company in service to its customers.

5. They have been allowed generally to bully the public, to decrease the efficiency of service.

6. They have been allowed to charge for reports on long distance and toll calls, in excess of the time consumed in the call when no report was necessary, except for the opportunity afforded the company of deriving an extra revenue.

7. They have flaunted in ridicule the orders of the Public Service

Commission of this State and gone into the Federal courts without first seeking relief in the courts of New York State.

8. They have placed value upon their properties far in excess of the assessed valuation thereof upon which their income and property and franchise taxes are levied.

9. During the period of the World War the New York Telephone Company was one of the most prosperous corporations and paid excessively large dividends as compared with other corporations.

10. They have in general exercised a policy of the public be damned, ruinous to business, detrimental to trade and commerce and discouraging to business.

Whereas, Quoting from the Fifth Annual Report of the Public Service Commission for the year 1925 (pp. 11-12) rendered to the Legislature on January 11, 1926, the report says:

"The New York Telephone Company petitioned the Commission on January 24, 1924, to increase its rates for telephone serv ice covered by an order of the Commission made January 25, 1923, effective March 1, 1923, Cases Nos. 377 and 7720, which fixed rates for telephone service in the city of New York and for telephone service in the State of New York outside of said city. On February 1, 1924, the New York Telephone Company applied to the Commission for immediate temporary increased in rates. On April 26, 1924, a bill of complaint, affidavits and notice of motion for a temporary restraining order to the United States District Court were served upon the Commission. On May 1, 1924, Federal Judge Knox of the Southern District of New York granted the application to restrain the enforcement of the rates prescribed by the Commission's order in Case No. 7720 (applicable to the city of New York only), but refused to grant a restraining order in Case No. 377 (applicable to the State of New York outside of the city of New York). In granting this restraining order the Court allowed a temporary increase of ten per cent in rates applicable only to the city of New York. The New York Telephone Company then moved for a preliminary injunction which was heard by the Statutory Court for the Southern District of New York, which granted injunctions pendite lite and referred the matter back to the District Court for trial. The District Court appointed a Special Master to hear and determine the case. The trial of this case began October 14, 1924, before Special Master Isaac R. Oeland, and some 7085 pages of testimony have so far been taken. In this case, the Commission, its Counsel and the Attorney-General of the State of New York, were parties defendant, and the City of New York by motion was allowed to intervene as a defendant. The decision will involve the matter of telephone rates throughout the entire New York State territory of this

company.

"The trial has proceeded on an average of from two to three days per week during the year 1925 and in all probability will continue during most of the year 1926; the plaintiff company

having not yet completed the presentation of its side of the

case.

"On December 24, 1925, the New York Telephone Company applied to the United States District Court to convene a statutory court on an application to increase its rates over and above the 10 per cent surcharge granted by the United States Court in May, 1924 (applicable in New York City only) and asking for an increase of 35.8 per cent in the city of New York and 17.9 per cent in the State outside of the city of New York. A hearing on this application was scheduled to be held before the statutory court on January 8, 1926.

"The application of the New York Telephone Company to this Commission requesting an increase in rates has progressed slowly. This has been due to the fact that the applicant in the presentation of its proof upon the question of the value of its properties sought to furnish testimony of its valuation upon the reproduction of its properties as of July 1, 1924. This was a large undertaking and has caused the delay in the proceeding. The case now awaits the presentation of the results of a study being made by the company to determine whether yearly depreciation charges should be revised, and also testimony and proofs on the part of the city of New York."

Whereas, It is apparent from the above facts cited that the case may drag on and on for years before a decision is reached unless the Legislature of the State of New York as the direct servants of the people co-operate with the Public Service Commission in investigating the real facts setting forth the rights of the people who are served by the New York Telephone Company in such a way that the Federal courts will not have the timerity to further interfere with the sovereign rights of the State of New York to regulate its own public utility corporations; Whereas, A legislative committee has power to compel the New York Telephone Company to produce as evidence its real and not its imaginery values of its properties and to inquire into its relationship with its parent company, the American Telephone and Telegraph Company and its contractual relationships with the Western Electric Company, and may by the proper exercise of publicity if the facts warrant so arouse public sentiment that even the Federal courts will refrain from further interference and the New York Telephone Company may be willing in the face of evidence to "turn straight."

Therefore, be it Resolved (if the Assembly concur), That a joint legislative committee is hereby constituted and created to consist of three Senators, to be designated by the Temporary President of the Senate, and four members of the Assembly, to be designated by the Speaker of the Assembly, to investigate into the matter of telephone rates and service in the State of New York, into the contractural relations existing between the New York Telephone Company and the American Telephone and Telegraph Company and the New York Telephone Company and the Western Elec