preparations, except by druggists, pharmacists or regularly licensed physicians," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to amend an act entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York,' passed July 1, 1882," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

The Assembly sent for concurrence the following resolution:

Resolved (if the Senate concur), That a respectful message be sent to the Governor, requesting the return for amendment of Assembly bill No. 122, entitled "An act to amend chapter 317 of the Laws of 1878, entitled 'An act to amend chapter 75 of the Laws of 1878, entitled An act in relation to the bonded indebtedness of villages, cities, towns and counties.""

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

Ordered, That the Clerk return said resolution to the Assembly, with a message that the Senate have concurred in the passage of the same. Also, the following:

Resolved (if the Senate concur), That a respectful message be sent to the Governor, requesting the return to the Assembly of Assembly bill No. 309, entitled "An act providing for the election and compensation of coroners in the county of Onondaga, and for post-mortem examinations in coroners' cases in said county," for the purposes of amendment.

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

Ordered, That the Clerk return said resolution to the Assembly, with a message that the Senate have concurred in the passage of the same. Also, the following:

Resolved (if the Senate concur), That a respectful message be sent to the Governor requesting the return, for amendment, of Assembly bill No. 556, entitled "An act to amend chapter 375 of the Laws of 1879, entitled 'An act to establish the compensation of public officers in Ulster county."

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

Ordered, That the Clerk return said resolution to the Assembly, with a message that the Senate have concurred in the passage of the same. Also, the following:

Resolved (if the Senate concur), That a respectful message be sent to the Governor requesting the return, for amendment, of Assembly bill No. 417, entitled "An act to amend chapter 519 of the Laws of 1870, entitled 'An act to revise the charter of the city of Buffalo,' and the acts amendatory thereof."

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

Ordered, That the Clerk return said resolution to the Assembly, with a message that the Senate have concurred in the passage of the same. The Assembly returned the following entitled bill:

"An act to amend the Code of Civil Procedure" (Int. No. 110). Ordered, That the Clerk deliver said bill to the Governor.

The Assembly returned the resolution recalling from the Governor Senate bill entitled "An act to release the interest of the people of the State of New York in and to the lands of which Andreas Gaupp died seized, to Katharine Gaupp, widow," with a message that they had concurred in the passage of the same.

Ordered, That the Clerk deliver said resolution to the Governor. Mr. Daggett, from the committee on engrossed bills, reported as correctly engrossed the bill entitled as follows:

"An act to establish a Civil Code."

On motion of Mr. McCarthy, and by unanimous consent, the committee of the whole was discharged from the further consideration of Assembly bill, printed No. 336, entitled "An act to legalize and confirm the title of the St. Paul's Methodist Episcopal Church of Onondaga Valley to certain lands in the town of Onondaga," and the same ordered to a third reading.

Mr. McCarthy introduced a bill entitled "An act to amend chapter 94 of the Laws of 1864, entitled ‘An act to erect a Union School district in the towns of Lysander and Van Buren, in the county of Onondaga, and to create a board of education therein, with power of taxation and other powers for school purposes,"" which was read the first time, and by unanimous consent was also read the second time, and,

On motion of Mr. McCarthy, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

On motion of Mr. Arkell, and by unanimous consent, the committee of the whole was discharged from the further consideration of Assembly bill, printed No. 422, entitled "An act to repeal chapter 62 of the Laws of 1874, entitled 'An act to provide for the election or appointment of a police justice in the village of Northville, Fulton county, and for other purposes in relation to the excise moneys in said village,' " and the same was ordered to a third reading.

Mr. Vedder offered the following:

Resolved, That the committee of the whole be discharged from the further consideration of Senate bill, printed No. 378, entitled "An act to authorize the Board of State Assessors to appoint a stenographer to report testimony and proceedings in certain cases," and that the same be ordered to a third reading.

By unanimous consent,

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

The Assembly returned the Assembly bill No. 171, entitled "An act in relation to the management of the State Asylum for Insane Criminals at Auburn, and the care-and custody of the inmates thereof," with a message that they had non-concurred in the amendments of the Senate thereto, and appointed a committee of conference consisting of Messrs. Priddy, Howe, Geddes, W. E. Smith and Jackson, and request the appointment of a like committee on the part of the Senate.

Mr. Esty moved that a committee of conference be appointed on the part of the Senate.

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

The President appoint Messrs. Esty, Titus and Comstock as such committee.

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the appointment of a committee of conference thereon.

Mr. Ellsworth, from the committee on the judiciary, to which was referred the bill introduced by Mr. Jacobs, Int. No. 649, entitled "An act to authorize the election of an additional justice of the peace of the city of Brooklyn and to create an additional district therein," reported in favor of the passage of the same, with amendments, which report was agreed to, and,

On motion of Mr. Ellsworth, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

The Assembly returned the bill entitled "An act to authorize and empower the directors of the Silver Lake Railway Company to sell and convey its roadway and other real and personal estate," with a message that they had passed the same with the following amendment : Add at the end of section 1, the following:

"Upon such sale the bonds and stock of said company shall be canceled and the corporation cease to exist, and the purchaser or purchasers of said road are hereby required to continue to operate the same."

The President put the question whether the Senate would concur in said amendment, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same. Mr. Daggett introduced a bill entitled "An act to amend chapter 676 of the Laws of 1881, entitled the Penal Code of 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.

Mr. Fassett introduced a bill entitled "An act to amend chapter 427 of the Laws of 1855, entitled 'An act in relation to the collection of taxes on lands of non-residents, and to provide for the sale of such lands for unpaid taxes,"" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs.

Mr. Daggett introduced a bill entitled "An act to amend chapter 207 of the Laws of 1847, entitled 'An act in relation to the sale of bottles used by the manufacturers of mineral waters and others,' which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on public health.

On motion of Mr. Robb, and by unanimous consent, the committee of the whole was discharged from the further consideration of Senate bill, printed No. 212, entitled "An act to amend chap[SENATE JOURNAL.]

86

ter 410 of the Laws of 1882, entitled 'An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York,'" and the same ordered to a third reading.

On motion of Mr. Robb, and by unanimous consent, the committee of the whole was discharged from the further consideration of Senate bill, printed No. 404, entitled "An act to amend chapter 444 of the Laws of 1857, entitled 'An act further to amend the act entitled An act to authorize the formation of railroad corporations and to regulate the same,' passed April 2, 1850," and the same ordered to a third reading.

On motion of Mr. Kiernan, and by unanimous consent, the committee of the whole was discharged from the further consideration of Senate bill, printed No. 376, entitled "An act to amend chapter 321 of the Laws of 1877, entitled 'An act to amend chapter 341 of the Laws of 1867, entitled An act regulating the forfeiture of life insurance policies,"" and the same ordered to a third reading.

On motion of Mr. Thomas, the Senate adjourned until Monday evening at 8 o'clock.

MONDAY, APRIL 21, 1884.

The Senate met pursuant to adjournment.

Prayer by the Chaplain.

The journal of Friday, April 18, was read and approved.

The privileges of the floor were extended to Hon. Anson G. McCook, Secretary of the United States Senate.

A message was received from the Governor in the words following : STATE OF NEW YORK, EXECUTIVE CHAMBER, ALBANY, April 21, 1884.

To the Senate:

I return herewith, without approval, Senate bill No. 88, entitled "An act to amend section 9 of title 4 of chapter 129 of the Laws of 1872, as amended by section 9 of chapter 813 of the Laws of 1873, relative to the city of Troy."

The bill amends a section of the charter of the city of Troy, which directs that the expense of widening a street shall be assessed upon the property benefited thereby, by adding to said section a provision that if the common council of the city shall order the widening of Jacob and North Third streets, where they intersect, the expense thereof shall be assessed upon the whole city.

The insertion in the charter of a city of provisions which only relate to a single emergency or supposed necessity, and which, after the same are answered, become useless surplusage, is exceedingly objectionable. A charter, which is the fundamental law of a municipality should, ordinarily, contain only general provisions, applicable to all the needs of the city, and should not be amended to suit a single case.

The widening of the streets mentioned, if necessary at all, has been rendered so by the occupancy of one of said streets by the tracks of a

railroad company. The effect of the amendment proposed in this bill is to release the said company from a part of the expense of the improvement which, by the present charter, would be assessed upon it, and charge the same upon all the tax payers of the city. It seems to me that the corporation, which for nearly twenty years has enjoyed the privilege of occupying this street with its tracks, should not escape, by special legislation, any part of its share of taxation consequent upon the necessary restoration of such street to its usefulness as a public highway.

I am confirmed in my opinion that this bill should not become a law by the objections of the local authorities of the city of Troy, as represented by its mayor and city attorney, both of whom have protested against the measure.

GROVER CLEVELAND.

Mr. Comstock moved that said message be laid upon the table. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Mr. Campbell introduced a bill entitled "An act to amend the charter of the Foundling Asylum of the Sisters of Charity in the city of New York, by changing its corporate name," which was read the first time, and by unanimous consent was also read the second time, and, On motion of Mr. Campbell, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and printed. Mr. Nelson introduced a bill entitled "An act to amend the charter of the St. Vincent's Retreat for the Insane," which was read the first time, and by unanimous consent was also read the second time, and, On motion of Mr. Nelson, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and printed.

Mr. Robb presented a remonstrance of real estate owners and builders of New York against the passage of the Fifth avenue pavement bill," which was read and referred to the committee of the whole.

Mr. Esty presented a petition of citizens of Tioga county, in favor of the bill to prohibit free passes on railroads," which was read and referred to the committee of the whole.

Mr. Daggett, from the committee on engrossed bills, reported as correctly engrossed the bills entitled as follows:

"An act to amend chapter 276 of the Laws of 1883, entitled 'An act to amend chapter 410 of the Laws of 1882, entitled An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York.""

"An act to regulate the manner of contracting, auditing and paying certain charges against the county of Albany.'

An act to provide for the payment of the expenses of certain proceedings for the judicial determination of the term of and title to the office of judge of the Superior Court of the city of New York."

"An act to ratify and confirm the proceedings to incorporate the East Buffalo Central Land Association, in the city of Buffalo and county of Erie and State of New York."

"An act to provide for the valuation of life insurance policies issued by life insurance companies authorized to transact business in this State."

"An act to provide the city of Utica with pure and wholesome water." "An act to provide for the completion of the records of New York