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canal, with the following excessive and unjust discrimination against the people of the State of New York, to wit:

The coal passing through said canal, and not going into the State of New York, for the most part, pays a toll of but 6 mills per ton per mile. The coal passing through said canal, and going into the State of New York, pays a toll of two and one-half cents per ton per mile.

Or a difference of over four times against the people of the State of New York.

So that the coal sold by one firm in the city of Elmira, costs more to the consumers thereof, than the same amount sold in Pennsylvania by the sum of about $190,000, all of which extra cost is added thereto by the said difference of tolls above.

And whereas, It is the opinion of counsel learned in the law, that the construction put upon the language of said law by the said North Branch Canal Company, is not in accordance with the true intent and meaning thereof;

And whereas, It is believed that the spirit of comity and fairness of the State of Pennsylvania may be appealed to for a correction of the unfair practices of a corporation under the control of the Legislature of that State; therefore,

Resolved, (if the Assembly concur,) That the State of Pennsylvania is respectfully requested, by its Legislature, to so amend or declare the meaning and intent of the act referred to in the foregoing preamble, as shall stop and prevent the practices of the North Branch Caual Company, thereunder, which thus detriments by unjust discrimination the people of the State of New York.

Resolved, That His Excellency the Governor is hereby requested to transmit these resolutions and their preamble to the Governor of the State of Pennsylvania, with a request that the same be transmitted to the Legislature of the State of Pennsylvania.

Ordered, That said resolution be laid on the table.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of the special order, being the bill entitled as follows:

"An act relating to the Metropolitan Board of Health."

After some time spent therein, the President resumed the chair, and Mr. Godard, from said committee, reported progress on said named bill, and asked leave to sit again.

Mr. Andrews moved that said bill be referred to the standing committee on the judiciary.

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

By unanimous consent, Mr. Folger offered the following resolution: Resolved, That it be referred to the standing committee on canals to inquire by what right the Junction canal exacts 2 cents per ton per mile on coal passing through its waters, and whether there is any power in the Legislature of this State to compel a reduction thereof.

Mr. Folger moved to lay said resolution 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. On motion of Mr. Lent, the Senate adjourned.

WEDNESDAY, FEBRUARY 6, 1867.

The Senate met pursuant to adjournment.

Prayer by Rev. Dr. Darling.

The journal of yesterday was read and approved.

Mr. La Bau presented a petition of Joseph Egbert and others, of Richmond county, for a change of the boundary lines between Middletown and Southfield towns; which was read and referred to the committee on the erection and division of towns and counties.

Mr. Parsons presented a petition of A. D. Raymond, president of the Brockport and Clarkson Plankroad Company, for the election of directors by the stockholders of said company; which was read and referred to the committee on roads and bridges.

Mr. O'Donnell presented a petition of citizens of Yonkers to extend the Metropolitan Excise District; which was read and referred to the committee on municipal affairs.

Mr. Gibson presented a petition for authority to purchase a steam fire engine for village of Greenbush; which was read and referred to the committee on municipal affairs.

Mr. Chambers presented three petitions relative to Rhinebeck and Kingston Ferry; which was read and referred to the committee on commerce and navigation.

Mr. Bennett presented a petition of Harriet L. Pitkin and thirty other ladies, of the city of Buffalo, asking for an appropriation of money to build a female House of Refuge for girls, on the farm where the Western house of Refuge is built in Rochester; which was read and referred to the committee on finance.

Also, five petitions from the United German' and French Catholic's Cemetery Association for the amendment of section 7, chapter 525 of the Laws of 1865, so as to allow the collection of tolls from every vehicle, except a hearse, going to or returning from a funeral on the Pine Hill road in Erie county; which was read and referred to the committee on roads and bridges.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act authorizing the election of a police justice in the village of Fishkill Landing, Dutchess county," reported adversely thereto, which report was agreed to and said bill rejected.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act to confirm the official acts of Horatio L. Day as notary public," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Humphrey, from the committee on roads and bridges, to which was referred the bill entitled "An act to provide for removing fences along plankroads during winter," reported in favor of the passage of the same, and said bill was committed to the committee of the whole. Mr. Humphrey, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act to authorize the laying out a highway in the village of Waverly, town of Otto, county of Cattaraugus," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. O'Donnell, from the committee on internal affairs of towns and

counties to which was referred the bill entitled "An act in relation to the compensation of Assessors in the town of Oswegatchie," 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 bill entitled "An act to amend an act entitled 'An act to incorporate the village of Edgewater,' passed March 22, 1866," reported in favor of the passage of the same, with amendments and said bill was committed to the committee of the whole.

Mr. Andrews, from the committee on municipal affairs, to which was referred the petition of citizens of Olean, for an amendment to their vil lage charter, reported by bill entitled "An act to repeal section 1, chapter 394 of Laws of 1862, amending the charter of the village of Olean," which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. Andrews, from the committee on municipal affairs, to which was to which was referred the bill entitled "An act to amend an act entitled 'An act to incorporate the village of Port Richmond, in the county of Richmond,' passed April 24, 1866," reported in favor of the passage of the same, with amendments, 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 to authorize the trustees of the village of Rome to buy a steam fire engine and apparatus for said village, and to levy a tax to pay for the same, and to levy a tax upon said village to pay indebtedness,"" 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 to amend an act entitled 'An act to amend an act to incorporate the village of Goshen,' passed March 26, 1866," reported in favor of the passage of the same, with amendments, 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 to amend an act entitled 'An act to consolidate and amend the several acts relating to the village of Peekskill, to alter the bounds and to enlarge the powers of the corporation of said village,' passed March 25, 1859," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Collins, from the committee on canals, to which was referred the bill entitled "An act to authorize the rebuilding and maintenance of a bridge over the Chemung canal in the town of Elmira," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Pierson, from the committee on municipal affairs, to which was referred the Assembly bill entitled "An act to abolish the office of inspector of gunpowder, burning fluids and other dangerous materials in the city of Brooklyn," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Low, from the committee on railroads, to which was referred the bill entitled "An act authorizing the Union Village and Johnsonville Railroad Company to use a fifty pound rail," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Low, from a majority of the committee on railroads, to which was referred the bill entitled "An act to authorize the construction of a rail

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road in Christopher street, and other streets and avenues in the city of New York," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. White, from the committee on literature, to which was referred the bill entitled "An act in relation to the common schools in the city of Lockport," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. White, from the committee on literature, to which was referred the Assembly bill entitled "An act to make the town of Chester a part of the second school commissioner's district of Orange county," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. White, from the committee on literature, to which was referred the Assembly bill entitled "An act to authorize the trustees of school district No. 16, in the town of Newstead, Erie county, to borrow money," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Lent, from the committee on municipal affairs, to which was recommitted the bill entitled "An act to amend an act entitled 'An act in relation to taxes and assessments in the city of New York, and to amend the several acts in relation thereto,' passed April 14, 1859," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Lent, from the committee on municipal affairs, to which was recommitted the bill entitled "An act to provide for the better regulation of pawnbrokers, dealers in second-hand articles, keepers of junk shops and keepers of intelligence offices within the limits of the Metropolitan police district," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole. Mr. White presented the annual report of trustees of Astor Library, which was laid on the table and ordered printed.

(See Doc. No. 32.)

Mr. Pierson gave notice that he would, at an early day, ask leave to introduce a bill to incorporate the Jerome Park Villa Site and Improvement Company.

Also, a bill to confer additional powers upon the American Jockey Club.

The Assembly returned the resolution relative to printing extra copies of the report of the Regents of the University, with a message that they had passed the same with the following amendment:

Strike out the words "and on fine paper."

The question being on concurring in said amendment,

Mr. H. C. Murphy moved to lay 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. Mr. Sutherland gave notice that he would, at an early day, ask leave to introduce a bill to extend the time for the construction of the West Shore Railway.

Also, a bill to amend the act entitled "An act to authorize the construction of a railway and tracks in the towns of West Farms and Morrisania," passed May 2, 1863.

Mr. Barnett gave notice that he would, at an early day, ask leave to introduce a bill in relation to the Union School of Morrisville, Madison county.

Mr. Bennett gave notice that he would, at an early day, ask leave to introduce a bill to regulate liens on canal boats.

In pursuance of previous notice, Mr. Parsons asked and obtained leave to introduce a bill entitled "An act authorizing the stockholders of the Brockport and Clarkson Plank road Company, to elect five directors," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges.

In pursuance of previous notice, Mr. Parsons asked and obtained leave to introduce a bill entitled "An act to incorporate the Rochester Hydraulic Company," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on municipal affairs.

In pursuance of previous notice, Mr. T. Murphy asked and obtained leave to introduce a bill entitled "An act to incorporate the Camp Meeting Association of the Methodist Episcopal Church of the city of New York," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on charitable and religious societies.

In pursuance of previous notice, Mr. T. Murphy asked and obtained leave to introduce a bill entitled "An act to incorporate the Metropolitan Safe Deposit Company of the city of New York," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. T. Murphy asked and obtained leave to introduce a bill entitled "An act to change the name of the 'Rutger's Female Institute' to 'Rutger's College of New York,' and in relation to said college," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

In pursuance of previous notice, Mr. Crowley asked and obtained leave to introduce a bill entitled "An act to incorporate the Orleans Savings Bank of the village of Albion, in the county of Orleans," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on banks.

By unanimous consent, Mr. Parsons asked and obtained leave to introduce a bill entitled "An act to establish the Genesee Valley Police, and to provide for the government thereof," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

By unanimous consent, Mr. Sessions asked and obtained leave to introduce a bill entitled "An act to incorporate the Stockton Burying-ground Society," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

By unanimous consent, Mr. Bennett asked and obtained leave to introduce a bill entitled "An act to regulate liens on canal boats," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

By unanimous consent, Mr. T. Murphy asked and obtained leave to introduce a bill entitled "An act to incorporate the Fidelity Loan Trust Company of the city of New York," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

The bill entitled "An act to incorporate the Lowville Waterworks Company," was read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a

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