"An act for the lighting of the streets in the town of New Lots, in the county of Kings, with gas."

"An act to amend the charter of the village of Carthage, Jefferson county."

"An act for the relief of certain religious societies in the county of Kings."

"An act in relation to certain lands in the twelfth ward of the city of New York belonging to the mayor, aldermen and commonalty of said city."

"An act to define the jail limits of the county of Jefferson."

"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."

"An act to incorporate the National American University of Music. and other liberal Arts in the city of New York."

"An act to clear and regulate the court-house property of the county of Kings."

"An act to amend an act entitled 'An act to incorporate the Amsterdam Water-works Company,' passed March 17, 1865.

Ordered, That the Clerk deliver said bills to the Governor.

The Assembly returned the bill entitled "An act dividing the State into congressional districts," with a message that they had consented to a committee of conference, and had appointed as such committee, on the part of the Assembly, Messrs. Husted, Fort, Springsted, Loughran, and A. Hill.

On motion of Mr. Perry, the Senate adjourned.

MONDAY, MAY 6, 1872.

The Senate met pursuant to adjournment.

Prayer by Rev. Mr. Whitaker.

The journal of Saturday was read and approved.

The Assembly sent for concurrence the following entitled bills: "An act to revise the Gypsum Cemetery Association in Ontario county, 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.

"An act authorizing the city of Elmira to use a portion of the Chemung canal for a public street, and for other purposes," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

"An act to amend an act entitled 'An act to amend and consolidate the several acts in relation to the charter of the city of Rochester,' passed April 8, 1861," 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.

"An act to provide for the repavement and improvement of Henry street, between Pierrepont street and Fulton street, in the city of Brooklyn," 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.

"An act to confirm, reduce, and levy certain assessments on the city of Brooklyn," 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 enable the electors of the town of Wilna, in the county of Jefferson, to vote by districts for town officers," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs.

"An act to regulate the court of special sessions in, and to regulate the police of, the county of Columbia," 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 and extend an act entitled 'An act to make provision for the government of the county of New York,' passed May 12, 1869," 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.

"An act to amend 'An act to secure to creditors a just division of the estates of debtors who convey to assignees for the benefit of creditors,' passed April 13, 1860," 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 authorize the Rondout and Oswego Railroad Company to extend its road and change its corporate name," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

"An act in relation to certain suits and proceedings by and against the late Metropolitan fire department," 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.

"An act to repeal chapter 202 of the Laws of 1870, entitled 'An act to provide for a police court-house in the third judicial district in the city of New York,' passed April 14, 1870," 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.

"An act to change the bulk-head and pier-head lines or lines of solid filling and the pier line in a part of the port of New York in conformity with the map entitled 'Map of Water Fronts on East river at Bushwick inlet, Brooklyn, E. D.,' made by R. Rosa, city surveyor, which was filed in the office of the Secretary of State on the 5th day of June, in the year 1865," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on commerce and navigation.

"An act to authorize the president and trustees of the village of West Troy to raise by tax upon the taxable property within said village the sum of four thousand four hundred and forty-six dollars and seventythree cents to pay the outstanding indebtedness of said village," 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 villages. A message from the Governor was received and read, as follows: STATE OF NEW YORK-EXECUTIVE CHAMBER, ALBANY, May 6, 1872.

To the Senate:

I return, without approval, Senate bill No. 213, entitled "An act sup plemental to, and amendatory of, chapter 842 of the Laws of 1868, an act

entitled 'An act to provide for the transmission of letters, packages, and merchandise in the cities of New York and Brooklyn, and across the North and East rivers, by means of pneumatic tubes to be constructed beneath the surface of the streets, squares, avenues, and public places in said cities, and under the waters of said rivers,' passed June 1, 1868; and of chapter 512 of the Laws of 1869, entitled 'An act supplementary to chapter 842 of the Laws of 1868 in relation to carrying letters, packages, and merchandise, by means of pneumatic tubes, in New York and Brooklyn, and to provide for the transportation of passengers in said tubes.' It is with great regret that I interpose objections to any scheme which has for its apparent purpose the solution of the important and pressing question of rapid transit in the city of New York.

The history of this project is this: Originally, certain persons were authorized by the Legislature to provide for the transmission of letters, packages, and merchandise in and between New York and Brooklyn through pneumatic tubles. They organized under the general mining and manufacturing law. To the corporation so formed, the privilege was afterwards given to convey passengers through these pneumatic tubes. On this company it is proposed, by this bill, to confer power to construct a tunnel under Broadway and other streets for the purpose of an underground railway, to be operated by steam locomotives, on which railway are to be conveyed passengers and freight.

By the present bill, the company is apparently restricted to the middle of the street, not approaching the curb nearer than two feet; but by the act of 1868 (chapter 1842), they are empowered to construct tubes under the sidewalks and through private vaults. The powers now granted are, of course, in addition to those before conferred, and therefore the whole width of Broadway is practically surrendered to this company for its purposes.

A bill somewhat similar to this one was submitted by the Legislature for my approval at its last session, and was returned by me without my approval to the Senate, with a message dated March 31, 1871, in which my objections were made known at length. Many of the objections then urged by me are not done away with by the provisions of the act now proposed, and I respectfully refer to that message in connection with this

bill.

I deem it proper to call the attention of the Legislature again especially to the fact that the chief engineer of the department of public works, a man of large experience and established repute for skill in his profession, decides that this project is impracticable, and that the undertaking of it will be detrimental to the interests of the city. As he represents the public, his opinion ought to be accepted in preference to that of engineers acting in behalf of the company interested.

I quote from his report to me (the proposed construction): "Will cross the lines of the larger sewers now built in the city. Nearly all that part of the city between Fourteenth street and the Bowery, Chatham street and Broadway now drains into the North river, and a large portion of it through the sewer in Canal street. It will almost, of necessity, compel a new sewer or sewers to be constructed to carry this drainage into the East river, and as the surface of the ground at Canal street and Broadway is but twelve feet above tide level, but little descent can be given to the sewer, and consequently it must be of great size to effectually drain this descent. All of the sewers on Broadway will have to be removed, and the drainage provided for through side streets. The small sewers

in the cross streets that would be cut in two will have to be rebuilt in every case, and the plane of inclination changed so as to descend in an opposite direction from that which they do now. In many cases this would involve the rebuilding the sewers for several blocks east and west of Broadway, and sometimes in the adjoining streets running parallel with Broadway.

"I give," he continues, "as my opinion as an engineer, that the plan is impracticable as well as detrimental to the interests of the city, and without a fair prospect of overcoming the problem of quick transit from one end of the island to the other."

The present bill undertakes to give to this company an important part of the route, which is, by previous acts of the Legislature, assigned to another company for the same purpose of an underground railroad; a company possessed of means and capital to which large subscriptions of stock have been already made, and the promoters of which assure me that their work will be prosecuted without further delay.

Whether the present bill will be looked upon as operating so far to repeal the franchise heretofore granted to another company, or to give the two concurrent powers over one and the same route, it is obvious that, if not unconstitutional, it must lead to protracted litigation, and so, by suspending for a long time both works, will retard and embarrass rather than promote the solution of the question of rapid transit in New York city.

It seems to be the special purpose of all bills which have been passed in reference to this route to get possession of the valuable portion of Broadway lying between the Bowling green and Fourteenth street, where the facilities for transit are already many, making the great question of rapid transit through the whole length of the city secondary.

The company are required, by this bill, to finish the portion of their work up to Fourteenth street in two years, but are allowed five years thereafter; in other words, seven years, in all, to complete their proposed connections with the Harlem and Hudson River railroads. Nor is there any penalty or forfeiture as a guarantee against their stopping their work after the road shall have reached Fourteenth street; should they do so, nothing will, in fact, have been contributed towards furnishing the people with what is really wanted.

Assuming that the project is a practicable one, the bill proposes the granting of a most valuable franchise without adequate good being secured to the public in furnishing means of rapid transit from one end of the city to the other.

JOHN T. HOFFMAN.

Mr. Madden moved to lay the message upon the table.

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

The Assembly returned the bill entitled "An act for the preservation of fish in the waters of Steele's creek and McGowan's creek, in the county of Herkimer," with a message that they had passed the same, with the following amendments:

Section 1, line 6, engrossed bill, after the word "land," insert the words "on McGowan's creek."

Section 3, line 2, after the word "town," insert the words "to the credit of the poor fund of the town."

The President put the question whether the Senate would agree to concur in said amendments, and it was decided in the affirmative, a

majority of all the members elected to the Senate voting in favor thereof,

as follows:

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amendments.

The Assembly returned the bill entitled "An act to amend the charter of the New York Bond Deposit Company of the city of New York," with a message that they had concurred in the passage of the same, with the following amendment:

Strike out all of section 1 from the word "property," in line 9, to the end of the section.

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

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amendment.

The Assembly returned the bill entitled "An act to authorize the consolidation of the Rochester, Nunda and Pennsylvania railroad with certain other railroads," with a message that they had concurred in the pas sage of the same, with the following amendments:

Section 1, line 7, insert, after the word "and," the words "the branch roads of."

Insert, at the end of section 1, the following words: "and that the action of said railroad companies, and the stockholders thereof, in reference to the consolidation of said companies, shall have the same force and effect as if done after the passage of this act, and the same is hereby ratified and confirmed."

Amend the title by adding, at the end thereof, the following words: "and to the actions of said railroads heretofore had relating to the consolidation thereof."

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

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amendments.

The Assembly returned the bill entitled "An act to amend an act entitled 'An act to prevent the furtive possession and use of slung-shot and