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Samuel Wyatt," was ordered to be considered in the first committee of

the whole.

On motion of Mr. McGowan, and by unanimous consent, the bill entitled "An act to amend section 14 of an act entitled "An act to incorporate the Sidney and Unadilla Bridge Company,' passed April 27, 1866," was ordered to be considered in the first committee of the whole.

The Senate again resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bills entitled as follows:

"An act to amend section fourteen of an act entitled 'An act to incorporate the Sidney and Unadilla Bridge Company,' passed April 27, 1866." Assembly, "An act making an appropriation for Sarah Wyatt, widow of Samuel Wyatt."

Assembly, "An act in relation to the location and erection of public buildings for the use of the city of Rochester."

After some time spent therein the President resumed the chair, and Mr. Baker, from said committee, reported in favor of the passage of the first named bill, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Baker, from the same committee, reported in favor of the pas sage of the two last named bills, which report was agreed to, and said bills ordered to a third reading.

On motion of Mr. Perry, and by unanimous consent, the bill entitled "An act in relation to the Brooklyn City and Newtown Railroad Company," was ordered to be considered in the first committee of the whole. On motion of Mr. Madden, and by unanimous consent, the bill entitled "An act to provide for furnishing two statues of eminent deceased citizens of this State to be placed in the capitol at Washington, in compliance with the invitation of the President of the United States," was ordered to be considered in the first committee of the whole.

On motion of Mr. Robertson, and by unanimous consent, the bill entitled "An act authorizing the board of supervisors of the county of Westchester to investigate the acts and proceedings of certain boards of commissioners for making or extending highways," was ordered to be considered in the first committee of the whole.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bills entitled

as follows:

Assembly, "An act in relation to the Brooklyn City and Newtown Railroad Company."

"An act authorizing the board of supervisors of the county of Westchester, to investigate the acts and proceedings of certain boards of commissioners for making or extending highways."

"An act to provide for furnishing two statutes of eminent deceased citizens of this State to be placed in the capitol at Washington, in compliance with the invitation of the President of the United States." After some time spent therein, the President resumed the chair, and first named bill, which report was agreed to, and said bill ordered to

a third reading

Mr. Adams, from the same committee, reported in favor of the passage of the second named bill, which report was agreed to, and said bill ordered engrossed for a third reading.

[SENATE JOURNAL.]

67

Mr. Adams, from the same committee, reported progress on the last named bill, and asked and obtained leave to sit again.

On motion of Mr. Baker, and by unanimous consent, the bill entitled "An act to provide for the erection of houses of detention or lock-ups in the several towns of the State," was ordered to be considered in the first committee of the whole.

On motion of Mr. Graham, the Senate adjourned.

MONDAY, APRIL 1, 1872.

The Senate met pursuant to adjournment.

Prayer by Rev. Mr. Morrow.

The journal of Saturday was read and approved.

The President presented a report of the Board of Commissioners of the Department of Public Parks of the city of New York, in compliance with an act of the Legislature, passed April 15, 1871, relating to improvements of portions of the counties of Westchester and New York, the improvement of Spuyten Duyvil creek and Harlem river, and to facilities of communication between said counties; which was laid on the table and ordered printed.

(See Doc. No. 58.)

Also, a resolution of common council of the city of New York, disapproving the repeal of the act authorizing the purchase of certain lands in Putnam county, with a view to increase the supply of water for the city of New York; which was read and laid on the table.

Mr. Robertson presented a remonstrance of citizens of New Rochelle against the act to grade, regulate and gravel North street, in the town of New Rochelle; which was read and referred to the committee on roads and bridges.

Mr. Tiemann presented a petition of inhabitants on the Third avenue against any elevated railroad along said avenue; which was read and referred to the committee on railroads.

Mr. Benedict presented a petition of John Palmer and others for an amendment to the Constitution; which was read and referred to the committee on the judiciary.

Mr. Robertson, from the committee on the judiciary, to which was referred the bill entitled "An act to legalize and confirm the official acts of David B. Phillips, of the city of Brooklyn, county of Kings, and State of New York, as notary public," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Robertson, from the committee on the judiciary, to which was referred the Assembly bill entitled "Au act to authorize the election of an additional justice of the peace in the town of Sodus, in the county of Wayne," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Robertson, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to enable Mary Conlon to take and hold real estate, and to release to her the interest and title in

lands escheated to the State," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Robertson, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to release the interest of the State in certain lands, of which Thomas Breen died seized, to Margaret Breen, his widow," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

By unanimous consent, Mr. Benedict asked and obtained leave to introduce a bill entitled "An act to amend chapter 190 of the Laws of 1870 in relation to supervisors of the county 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 affairs of cities.

By unanimous consent, Mr. Graham asked and obtained leave to introduce a bill entitled "An act to prevent prostitution and abortion in the State 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.

By unanimous consent, Mr. Robertson asked and obtained leave to introduce a bill entitled "An act for the completion of Westchester avenue in the towns of White Plains, Harrison, and Rye, in the county of Westchester," 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.

Mr. Tiemann offered the following:

Resolved (if the Assembly concur), That the comptroller of New York county is hereby directed to make a full and complete examination of all the transactions of the present new court-house commissioners of said county appointed under the Laws of 1870, chapter 382, section 11; for what they expended the $600,000 given them for final completion of said building; whether any of said appropriation had been used to pay claims against the former board of supervisors; also as to the use made of the appropriation of 1871, chapter 583, section 7; what was done with the $200,000 given them by the late comptroller; also what use was made of the money said to have been advanced them by the Tenth National bank, and to advertise for and report the amount of all legal claims against them; that the aforesaid commissioners are hereby ordered and directed to allow said comptroller or his representative full and free access to copy and examine all books, documents, plans, etc., in their possession, and every document appertaining to their office. The comptroller shall also state the amount necessary to complete said court-house; and he shall, if necessary, employ an expert and clerical force to make this examination, and report to this Legislature within ten days after the receipt of this resolution.

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

Mr. Benedict moved that the bill entitled "An act in relation to elections in the city and county of New York, and to provide for ascertaining, by proper proof, the citizens who shall be entitled to the right of suffrage thereat," be recommitted to the committee on the affairs of cities.

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

On motion of Mr. Lowery, and by unanimous consent, the bill entitled "An act to provide for the construction of a canal bridge over the Erie

canal at Madison street, in the city of Rome," was ordered to be considered in the first committee of the whole.

On motion of Mr. Lord, and by unanimous consent, the bill entitled "An act relating to lands devised by David Stanley, deceased," was ordered to be considered in the first committee of the whole.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bills entitled as follows:

"An act to provide for the erection of houses of detention or lock-ups in the several towns in the State."

"An act to provide for the construction of a canal bridge over the Erie canal at Madison street, in the city of Rome."

"An act relating to lands devised by David Stanley, deceased."

After some time spent therein the President resumed the chair, and Mr. Robertson, from said committee, reported in favor of the passage of the first named bill, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Robertson, from the same committee, reported in favor of the passage of the second named bill, with amendments, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Robertson, from the same committee, reported progress on the last named bill, and asked and obtained leave to sit again.

On motion of Mr. Baker, and by unanimous consent, the Assembly bill entitled "An açt to authorize the village of Greenbush to issue bonds for the purpose of raising money," was ordered to be considered in the first committee of the whole.

On motion of Mr. Johnson, and by unanimous consent, the bill entitled "An act to amend the charter of the Reserve Mutual Life Insurance Company," was ordered to be considered in the first committee of the whole.

On motion of Mr. D. P. Wood, and by unanimous consent, the "Concurrent resolution proposing amendment to the Constitution relative to State prisons," was ordered to be considered in the first committee of the whole.

On motion of Mr. Benedict, and by unanimous consent, the bill entitled "An act to alter the map or plan of the city of New York by extending Desbrosses street," was ordered to be considered in the first committee of the whole.

The Senate again resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bills entitled as follows:

"An act to amend the charter of the Reserve Mutual Life Insurance Company."

Assembly, "An act to authorize the village of Greenbush to issue bonds for the purpose of raising money."

Also, "Concurrent resolution proposing amendment to the Constitution relative to State prisons."

Resolved (if the Assembly concur), That the following amendment to the Constitution be proposed for adoption to the people of the State, to wit:

1. There shall be a board of managers of prisons, to consist of five persons, to be appointed by the Governor with the advice and consent of the Senate, who shall hold office for ten years, except that the five first appointed shall, in such manner as the Legislature may direct, be so classified that the term of one person so appointed shall expire at the

end of each two years during the first ten years, and vacancies in the office of manager thus or otherwise occurring shall be filled in like manner. 2. Said board shall have the charge and superintendence of the State prisons, and shall possess such powers and perform such duties in respect to county jails and other penal and reformatory institutions in this State as the Legislature may prescribe.

3. The board shall appoint a secretary, who shall be removable at their pleasure, and who shall perform such duties as the Legislature or the board may prescribe, and shall receive a salary to be determined by law. 4. The members of the board shall receive no compensation other than reasonable traveling and other expenses incurred while engaged in the performance of official duty.

5. The board shall appoint the warden (or chief officer), physician, chaplain and clerk or financial officer of each State prison, and shall have power to remove them for cause, after an opportunity to be heard on written charges. All other officers of each prison shall be appointed by the warden thereof, and be removable at his pleasure.

6. The Governor may remove either of the managers for misconduct, incompetency or neglect of duty, after the opportunity to be heard on written charges.

7. The amendment shall go into effect on the first Monday of January after its adoption by the people, from and after which date section 4 of article 5 of the Constitution shall be null and void.

Resolved (if the Assembly concur), That the foregoing amendment be referred to the Legislature to be chosen at the next general election of Senators, and that, in conformity to section one of article thirteen of the Constitution, it be published for three months previous to the time of

such election.

After some time spent therein, the President resumed the chair, and Mr. Benedict, from said committee, reported in favor of the passage of the first named bill, with amendments, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Benedict, from the same committee, reported in favor of the passage of the second named bill, which report was agreed to, and said bill ordered to a third reading.

Mr. Benedict, from the same committee, reported in favor of the passage of said named resolution, with amendments, which report was agreed to.

The question being upon the adoption of said resolution,

Mr. Woodin moved that the question be postponed until to-morrow. said motion, and it was decided in the affirmative. The President put the question whether the Senate would agree to

On motion of Mr. Lord, and by unanimous consent, the Assembly bill entitled "An act to authorize the city of Rochester to issue its bonds to an amount not to exceed seventy-five thousand dollars for the purpose of building a free academy," was ordered to be considered in the first com

mittee of the whole.

"An act to provide for the election of a police justice in and for the vilOn motion of Mr. Woodin, and by unanimous consent, the bill entitled lage of Cayuga, and defining his power and duties," was ordered to be considered in the first committee of the whole.

The Senate again resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bills entitled

as follows:

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