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

A message from His Excellency the Governor, was received by the hands of his Private Secretary and read, in the words following:

STATE OF NEW YORK EXECUTIVE DEPARTMENT,
ALBANY, 16,

To the Senate: I respectfully return without my approval, the bill entitled "An act to authorize the construction of a railroad in Broadway, Lexington avenue and certain other streets and avenues in the city of New York."

It is proposed by this bill to confer upon certain persons named therein, and their assigns, authority to construct and operate a railroad with double or single track; commencing at the South Ferry, at the foot of Whitehall street, and running thence through and along Whitehall street and Broadway, with a double or single track, to the upper side of the Bowling Green; through and along Broadway, with a double track, to Union Square; thence, with a double track on the east side of Union Square, to and through Fourth avenue to Twenty-third street; through and along Twenty-third street, with a double track, to Lexington avenue, through and along Lexington avenue, with a double track, to its northeasterly termination to be extended to such northerly termination as fast as said avenue is opened, graded and paved; with branches therefrom, with double track, through and along Sixtieth, Seventy-second and One Hundred and Tenth streets, to the Central Park; also, connecting with a double track in Broadway, at the upper side of the Bowling Green, to, through and along Broadway, State and Whitehall streets, with a single or double track, to the said South Ferry, together with the necessary tournouts, switches and convenient stands for the proper working and accommodation of the said railroad, on the said route or routes.

The city has grown to such proportions, and its power and attractiveness as a seat of trade; surround every question which relates to its expansion and convenience with general interest. To extend its commercial capacity; to add to the economy of time and money, and to afford to those who labor or do business within its limits, access to the less crowded portion of the Island, are matters which should be carefully considered.

The necessity for more rapid transit, upon some well devised plan, from the lower to the upper part of the Island, is unquestionable. The benefits to accrue not only to the city residents, but to all persons doing business in this commercial metropolis, are so apparent, that I need not refer to them. It seems to me plain that this bill does not meet the requirements of the case. Owing to the large and constantly increasing business centering in Broadway, with an immense throng of vehicles, no surface railroad could secure the rapid transit, or operate with that ease and safety which would justify its construction. Indeed, it may well be questioned if it would not contribute to yet greater delay, and add to the embarrassment, confusion and obstruction of that already greatly crowded main artery of city travel.

The bill under consideration is subject to the specific objection, that it compels all actions relating to, affecting or arising under the bill, to be commenced in the Supreme Court of the First judicial district. There can be no good reason why persons whose rights may be affected by this bill, or the operation of the road it authorizes, should not have the privi lege to bring their actions to protect or enforce their rights in such judicial districts as, under the laws of the State relating to actions, is now

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secured to such persons, and not be confined to the First judicial district.

It is a further objection, that the consideration declared to be provided, is wholly disproportionate to the conceded value of the franchise. Indeed, no provision is made for the payment into the treasury of any sum whatever, except "the same license fee annually for each car run thereon, as is now paid by other city railroads in said city," a sum, it is believed, altogether too small. It is not a sum regulated according to the value of the franchise, nor according to what the city authorities may hereafter deem just, but the bill simply provides that the present license fee shall be the measure of equivalent for the valuable privilege bestowed on the grantees by this bill.

In further discussion of this important measure, and as applicable thereto, I venture to renew the suggestions in my message to the Senate on the bill to "authorize the construction of a railroad in Christopher street and other streets and avenues in the city of New York."

"The important interests involved in every such extensive grant of a railroad franchise, require the most careful and attentive consideration. "The city of New York has grown to such magnitude, its interests are so various and complicated, that in respect to its streets and avenues, it is not easy to see what policy is the best adapted to subserve the convenience of the public, and at the same time protect the rights of private individuals, when stern public wants demand innovation. It follows, of course, that mere private interest must yield. Yet, they are, nevertheless to be respected; and it is not perhaps too much to say, that, as a general rule, the views of the owners of property upon streets and avenues, should have great weight in determining whether a given street should be converted into a railroed track for the use of a private corporation, or preserved, open and free to all classes of vehicles, in accordance with the theory of its original dedication to public use. As before remarked, private interests must give way to the public necessities, but it rarely happens that a community thus situated, and thus interested, array themselves in unbroken opposition to a just and needed public undertaking. In the case under consideration, no petition has been presented in its favor, while large numbers of remonstrances have been made by the owners of property along the proposed routes, and by other citizens residing in the city of New York. In fact, from my information, the opposition along the streets and avenues designated in the bill, is almost unanimous.

"It has been held by the court of last resort that the running of a railroad upon the streets of a city, is not a use of it contemplated when originally dedicated as a public highway. It is probable that this rule is not altogether applicable to the city of New York, but I regard it as just in cases where a public thoroughfare is, by a special act, to be converted to purposes not originally contemplated; that provision shall be made as far as practicable, for the protection of rights which may be directly invaded by any operation deemed essential to public convenience. At least, it has seemed to me that some general law could be safely and judiciously enacted, with proper safeguards to protect the public, placing this subject, it may be, in the hands of proper local authorities, to bestow grants and franchises of this description, in such manner as would cause the least injury to individual rights, and a fair return to the treasury for the privilege enjoyed." In addition to the advantage to be derived from thus referring the whole question to the local authorities, the Legislature would be relieved from one of the per

plexing subjects that annually comes with power to excite and disturb the public deliberations.

The reasons which impelled me to withhold my signature from the bill referred to, operate with equal force to restrain me from giving my approval to this. They have been submitted to the Senate, and have received careful consideration, and my own conviction of their soundness has been confirmed by the unanimous approval of your honorable body. In view of the sanction which these suggestions have thus received, and the firm conviction of their correctness resting upon my mind, arising from a patient reconsideration of them, as well as for other reasons appropriate to this bill, and to which I have referred, I am compelled to return it for your further consideration.

R. E. FENTON. The President put the question, "Shall this bill pass notwithstanding the objections of the Governor ?"

Mr. Sutherland moved to lay the question 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 negative, as follows:

The President then put the question "Shall this bill pass notwithstanding the objections of the Governor ?" and it was decided in the negative, two-thirds of all the Senators present not voting in favor thereof, as follows:

The Assembly bill entitled "An act in relation to the election and appointment of town officers, and providing means for the raising of moneys for current expenses of the town of Flushing, in Queens county, and the towns of Huntington and Brookhaven, Suffolk county," 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 majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows:

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

On motion of Mr. Lent and by unanimous consent the rules were suspended, and the Assembly bill entitled "An act to provide for payment of bounties to certain volunteers in the service of the United States from the city and county of New York," was recommitted to the committee on militia and public defense, with power to report complete.

Also, the Assembly bill entitled 'An act to incorporate the Bankers' and Brokers' Association," was recommitted to the committee on banks, with power to report complete.

Mr. H. C. Murphy moved that the Assembly bill entitled "An act to amend an act passed March 22d, 1865, entitled 'An act in relation to the appointment of a phonographic reporter to the city court of Brooklyn," be taken from the table and ordered to a third reading.

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

On motion of Mr. Sutherland and by unanimous consent, the rules were suspended, and the Assembly bill entitled "An act to amend an act entitled 'An act to incorporate the Portchester Savings Bank,' passed March 14th, 1865," was recommitted to the committee on banks, with power to report complete.

Also, the following entitled Assembly bills, were recommitted to the committee on internal affairs of towns and counties, with power to report complete.

"An act to incorporate the Tremont Fire Departmeut, in the town of West Farms, in the county of Westchester."

"An act to incorporate Huguenot Fire Engine Company No. 1, in the town of New Rochelle, county of Westchester."

Also, the Assembly bill entitled "An act in relation to highway labor in the town of Greenburgh, Westchester county," which was recommitted to the committee on roads and bridges, with power to report complete. Also, the Assembly bill entitled "An act to authorize the building of a dam across the Delaware river at the village of Douglas, Sullivan county, New York," which was recommitted to the committee on commerce and navigation, with power to report complete.

Mr. Low called for the consideration of the resolution heretofore offered by him, as follows:

Resolved, (if the Assembly concur,) That Theodore W. Dwight, Wm. F. Allen, John Stanton Gould, John W. Edmonds and Gaylord B. Hubbell, members of the executive committee of the Prison Association of New York, be a committee (with power to fill their own vacancies,) to inquire into the general administration of the State Prisons, which inquiry however, shall have special reference to their financial management, with a view to the question whether the prisons cannot be made self-supporting and so cease to be a burden upon the public treasury; and that said commission be authorized to summon before them and examine on oath or affirmation, any and all persons whose testimony they may deem important to the furtherance of their investigations. Provided, however, that the expenses of the commissioners be paid out of the appropriation made by the Legislature to the general objects of the Prison Association.

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

Ordered, That the Clerk deliver said resolution to the Assembly, and request their concurrence therein.

Mr. Chambers offered the following resolution.

Resolved, That the Assembly bill entitled "An act in relation to quarantine in the port of New York, and to amend existing acts relative thereto," be made the special order after the order of business of motions and resolutions.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative, two-thirds of all the Senators present voting in favor thereof.

Mr Gibson called for the consideration of the following resolutions: Resolved, (if the Senate concur,) That 1,500 extra copies of the Transactions of the Homoeopathic Medical Society of the State of New York, for the year 1867, be printed for the use of said society.

Mr. Wolcott moved to amend by making it "1,200."

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

Mr. Gibson moved to amend by adding "ten copies for each member of the Legislature, and one copy for each officer and reporter thereof." The President put the question whether the Senate would agree to said motion to amend, and it was decided in the affirmative.

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

Resolved, (if the Senate concur,) That 2,000 copies of the proceeding of the State Medical Society be printed and bound in the usual manner for the use of the society, and ten copies each bound in like manner for the use of each member of the Legislature, and one copy to each officer and reporter.

Mr. Wolcott moved to amend by striking out "two thousand" and inserting "fifteen hundred."

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

The President then put the question whether the Senate would agree to said resolution, as amended, and it was decided in the affirmative. 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, with an amendment.

Mr. O'Donnell called for the consideration of the following resolution: Resolved (if the Senate concur), That 1,000 copies of the second annual report of the New York State Eclectic Medical Society for 1867, be printed for the use of that Society.

Mr. Sessions moved to amend by striking out "1,000" and inserting "1,200."

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

Mr. O'Donnell moved to amend by adding "and one copy for each member, officer and reporter."

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