Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have agreed to the report of the committee of conference.

The Assembly returned the bill entitled "An act to prohibit the employment, by corporations or persons carrying passengers for hire, of any conductor, engineer, brakeman, switchman or other employee, who shall make use of intoxicating liquors as a beverage," with a message that they had concurred in the passage of the same, with the following amendments:

Insert as sections 1 and 2 the following:

Section 1. It shall be lawful for the New York Central Railroad Company, from and after the passage of this act and up to and including the thirteenth day of September, 1869, to demand and receive two and a-half cents a mile for each and every passenger transported on their road, with his or her ordinary baggage.

§ 2. It shall be the duty of every railroad company in this State to carry freight offered to it from this State with as much dispatch as possible; and all freight offered at any freight station of any such company for shipment on its road, to the extent of the capacity of the company's warehouse where offered, shall be sent therefrom within ten days after the receipt of such freight, unless prevented by accident, the direction of the consignee, or unavoidable causes; and no discrimination in regard to dispatch shall be made in favor of freight from other States. Change section 1, engrossed bill, to section 3.

Insert as sections 4 and 5 the following:

§ 4. It shall not be lawful for any railroad corporation in this State to allow gambling or any game of chance for profit, with cards or other gambling implements, to be played or practiced on any railroad car, locomotive or any tenders, on the railroad under their management or control; and it shall not be lawful for any such railroad corporation to allow any conductor, engineer or brakeman, or other employee of said company to play any game of cards or chance, for profit or pleasure, in any car, engine or tender upon said road.

§ 5. Any corporation violating the provisions of this act, shall be subject to a fine of one hundred dollars for the first offense, three hundred for the second offense, and one thousand for the third offense; which fines may be sued for and received, by any person, in any court in this State having jurisdiction.

Change section 2 to section 6.

Amend the title so as to read as follows: "An act regulating the management of railroads in this State, and increasing the rate of fare upon the New York Central railroad."

Mr. Folger moved to lay the question of concurring in the amendments of the Assembly upon the table.

The President put the question whether the Senate would agree to said motion to lay on the table, and it was decided in the affirmative, as follows:

The Assembly sent for concurrence, the following resolution: Resolved, (if the Senate concur,) That each member, officer and reporter of this Legislature, be furnished by the clerks of the Senate and Assembly, with five copies of the Civil List.

Ordered, That said resolution be laid on the table.

Also, the following:

Whereas, the skeleton of the Mastadon found at Cohoes in the month of November last, is, by the conditions in which the remains were discovered, one of the most interesting relics of the kind among all the specimens in our country, adding largely to our knowledge of the natural history and geological relations of the American Mastadon; and whereas, it has been presented to the State by Mr. Alfred Wild, of Albany, and his associates of the Harmony Mills Company, upon whose property it was found; therefore, be it

Resolved (if the Senate concur), That the thanks of the people of the State be presented to Mr. Wild and his associates aforesaid, for their liberality in presenting so rare and valuable an addition to the State Cabinet of Natural History.

On motion of Mr. Collins and by unanimous consent, the rule was suspended, and said resolution adopted.

Ordered, That the Clerk return said resolution to the Assembly, with a message informing that the Senate have concurred in the passage of the same, without amendment.

Also, the following:

Resolved, (if the Senate concur,) That 1,500 copies of the Transactions of the State Agricultural Society, be published for the use of said society; fifteen copies for each member of the Legislature, and five copies for each officer and reporter of the same; ten copies for each county agricultural society located in a county entitled by population to one member of Assembly, and a proportionate number in counties electing more than one member of Assembly; ten copies for each town and union agricultural society; and that there be printed for the county agricultural societies as many copies as there are school districts and parts of districts in the respective counties, to compensate collectors of agricultural statistics in said school districts, as provided in chapter 293 Laws of 1862, to be distributed by the State Agricultural Society; and that said report be bound in the same manner as last year, and be distributed in accordance with the foregoing resolution, without delay; also,

Resolved, That there be published of the annual report of the Transactions of the American Institute, for the year 1866, the same number for the Institute, and for members, officers, reporters, agricultural societies, &c., as are ordered by the above resolution.

Ordered, That said resolutions be laid on the table.

Also, the following:

Resolved, (if the Senate concur,) That 1,000 extra copies of the annual report of the Superintendent of Public Instruction be printed, trimmed and bound in paper covers, for the use of the Department of Public Instruction; and one thousand extra copies of his report on compulsory education, be printed, trimmed and bound in paper covers, for the same purpose.

Ordered, That said resolution be laid on the table.

Mr. Folger offered the following resolution:

Resolved, That hereafter, debate in the Senate and the committee of the whole shall be restricted to five minutes for each Senator, and no Senator shall speak more than once on the same question.

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

agree

to

The Assembly returned the bill entitled "An act making appropriations for certain public and charitable institutions," with a message that they non-concur in the amendments of the Senate, and have appointed Messrs. D. P. Wood, H. Smith, Selkreg, Barker and Havens as a committee of conference, and request a like committee on the part of the Senate.

Mr. Sessions moved that the Senate consent to a committee of confer

ence.

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

Messrs. Sessions, E. Cornell and Campbell were appointed as such committee.

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have consented to a conference committee. Mr. Sessions offered the following resolution:

Resolved, That the committee of the Senate, consisting of Messrs. Stanford, Gibson and H. C. Murphy, to investigate canal frauds, be and they are hereby directed to continue their investigations after the adjournment of the Legislature, and report at the next session of the Senate, with full power to send for persons and papers, and investigate and examine with reference to all persons, objects and subjects contemplated in the resolution appointing the joint committee on canal frauds and investigations at the present session of the Legislature; and at the next session of the Senate they are requested to report the evidence taken by the joint committee above referred to, together with the evidence taken before them, and with such suggestions or views as they may deem proper.

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

Mr. Williams offered the following resolution in pursuance of previous notice.

Resolved, That so much of rule 40 as prevents a question being reconsidered more than once, be reconsidered and suspended for the rest of this session, so far as the same relates to the Assembly bill entitled "An act to encourage the construction of the Southern Central railroad, and to exempt for a limited time the town, village and city bonds from taxation, made or hereafter to be made, in pursuance of an act entitled 'An act to facilitate the construction of the Southern Central railroad, and to authorize towns to subscribe to the capital stock thereof,' passed April 7, 1866."

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, as follows:

Mr. Williams offered the following resolution: Resolved, That the vote by which the Assembly bill entitled "An act to encourage the construction of the Southern Central Railroad and to exempt for a limited time the town, village and city bonds from certain taxation, made or hereafter to be made, in pursuance of an

act entitled 'An act to facilitate the construction of the Southern Central Railroad, and to authorize towns to subscribe to the capital stock thereof,' passed April 7, 1866," was lost, be reconsidered, and that said motion be laid on the table.

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

On motion of Mr. Andrews and by unanimous consent, the rule was suspended, and the Assembly bill entitled "An act providing for relief against illegal taxation," was recommitted to the committee on the judiciary, with power to report complete.

Mr. O'Donnell, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill entitled "An act in relation to excise moneys collected in the county of Montgomery," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. O'Donnell, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill entitled "An act to authorize the election of additional constables, and for an additional assessor, in the town of Newtown, Queens county," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Andrews, from the committee on municipal affairs, to which was referred the Assembly bill entitled "An act defining certain offences in the village of Watertown, Jefferson county," reported in favor of the passage of the same.

On motion of Mr. O'Donnell and by unanimous consent, the rule was suspended, and said bill recommitted to the committee, with power to report complete.

Mr. Andrews, from the committee on municipal affairs, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act revising the charter of the city of Oswego,' passed April 16, 1860," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Andrews, from the committee on municipal affairs, to which was referred the Assembly bill entitled "An act to incorporate the village of Lima, Livingston county," reported in favor of the passage of the same. On motion of Mr. Humphrey and by unanimous consent, the rule was suspended, and said bill recommitted to the committee, with power to report complete.

Mr. Andrews, from the committee on municipal affairs, to which was referred the Assembly bill entitled "An act defining certain offenses in the village of Watertown, Jefferson county," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Parsons, from a majority of the committee on canals, to which was referred the Assembly bill entitled "An act to revive, continue and amend the several acts to incorporate and increase the capital stock and to extend the powers of Sodus Canal Company," reported the same to the Senate for its consideration, and said bill was committed to the committee of the whole.

Mr. Wolcott dissented from the report, for the following reasons: 1. That it diverts water from the Erie canal, which will prove very injurious to the interests of the State.

2. That it diverts water tributary to the Seneca and Oswego rivers, which will be a serious injury to the vast milling and manufacturing interests located upon said rivers, and lead to endless litigation and

claims for damage on the part of mill owners and all persons interested in the water privileges upon said rivers.

3. That the Legislature has no right to divert water from its legitimate course for any private purpose whatever.

4. I protest against the passage of such a measure as prejudicial to the interests of my constituents, and robbing them of their just rights for the benefit of private parties, and is an act of gross injustice to them, which should not receive the sanction of this body.

Mr. E. Cornell moved to take from the table the Senate concurrent resolutions relative to printing the Transactions of the New York State Agricultural Society, and American Institute.

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

Mr. E. Cornell moved to substitute therefor the resolutions from the Assembly, in the words following:

Resolved, (if the Assembly concur,) That 1,500 copies of the Transactions of the State Agricultural Society, of 1866, be published for the use of said society; fifteen copies for each member of the Legislature, and five copies for each officer and reporter of the same; ten copies for each county agricultural society located in a county entitled by population to one member of Assembly, and a proportionate number in counties electing more than one member of Assembly; ten copies for each town and union agricultural society, and fifty copies for the Regents of the University; and that there be printed for the county agricultural societies as many copies as there are school districts and parts of districts in the respective counties, to compensate collectors of agricultural statistics in said school districts as provided in chapter 293, Laws of 1862, to be distributed by the State Agricultural Society; and that said report be bound in the same manner as last year, and be distributed in accordance with the foregoing resolution, without delay. Also, Resolved, That there be published, of the annual report of the Transactions of the American Institute, for the year 1866, the same number for the Institute and for members, officers, reporters, agricultural societies, &c., as are ordered by the above resolution.

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

The President then put the question whether the Senate would agree to the adoption of said resolutions, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof.

Ordered, That the Clerk return said resolutions to the Assembly, with a message informing that the Senate have concurred in the passage of the same, without amendment.

On motion of Mr. Sutherland, and by unanimous consent, the rules were suspended, and the Assembly bill entitled "An act to confirm the acts of the town clerk and commissioners of highways of the town of Mount Pleasant, in Westchester county, and the acts of the commissioners to assess damages in relation to the laying out of public highway called the continuation of Valley street, in the village of Beekmantown, in said town of Mount Pleasant," was recommitted to the committee on roads and bridges, with power to report complete.

Mr. Sutherland, from the committee on railroads, to which was referred the Assembly bill entitled "An act to construct a railroad from Hudson River railroad, at Spuyten Duyvil, to the East River, at Port Morris," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole,