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FOR THE AFFIRMATIVE.
Adams
Foster
Lowery

Robertson Winslow
Allen
Graham

McGowan Tiemann D. P. Wood
Baker
Harrower

Madden Wagner J. Wood
Chatfield Johnson

O'Brien

Weismann Woodin
Cock
Lewis
Perry

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

The bill entitled "An act to authorize Orson Richards and Eber Richards to construct and maintain a swing bridge over the Glen Falls feeder, in the village of Sandy Hill,” 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:

FOR THE AFFIRMATIVE.
Adams
Coek
Johnson O'Brien

Wagner
Allen
Foster
Lewis
Perry

Weismann
Baker

Graham Lowery Robertson D. P. Wood Chatfield Harrower McGowan Tiemann

Woodin 20 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

The bill entitled “An act for the relief of Cornelia Townsend,” 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:

FOR THE AFFIRMATIVE.
Adams
Cock
Lowery

Robertson Winslow
Allen
Foster

McGowan Tiemann D. P. Wood
Baker
Graham O'Brien

Wagner

J. Wood Chatfield Harrower Perry

Woismann

19

FOR THE NEGATIVE.

2

Johnson

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

Mr. D. P. Wood rose to a question of privilege and stated, at the request of the Clerk of this body, who is a constituent of mine, I ask for the appointment of a committee of this body to investigate the charges preferred against him some time since on an affidavit made by one Gracie. That affidavit was met by a counter affidavit by the Clerk of this body and other gentlemen of this city, and I understand was supposed by them to be amply sufficient for the purpose of refuting the charge made in Gracie's affidavit. These charges have been very generally published and commented upon by the press of the State in a manner which would seem to indicate that they are not entirely refuted in the estimation of the public at large. Therefore, at the request of the Clerk, I hope that some Senator will move a committee of investigation, and for reasons which it is unnecessary for me to state, but which must be obvious to every one, I desire that my name should not be included as a member of that committee. (SENATE JOURNAL.]

17

Mr. Robertson moved that Senators Perry, Woodin, and Hardenbergh be appointed a committee to investigate and report upon the charges contained in an affidavit of one Edward Gracie, dated December 10, 1871, against James Terwilliger, Clerk of the Senate, with power to send for persons and papers.

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

The bill entitled "An act to amend an act entitled 'An act in relation to the fees of sheriffs, except in the counties of New York, Kings, and Westchester,' passed April 12, 1871,” 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:

FOR THE AFFIRMATIVE.
Allen
Graham
Lowery Perry

Winslow
Baker

Harrower McGowan Robertson D. P. Wood Chatfield Johnson

Madden

Wagner J. Wood
Cock
Lewis
O'Brien

Weismann Woodin
Foster

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

Mr. Lewis moved that the bill entitled “An act to amend an act entitled 'An act requiring mortgages of personal property to be filed in the town clerk's and other offices,' passed April 29, 1833,” be recommitted to the committee on the judiciary.

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

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

"An act for the relief of Simon De Graff, James Conway, and George W. Phelps, and to authorize the board of supervisors of the county of Livingston to audit and allow the claims of Simon De Graff, James Conway, and George W. Phelps for constructing and repairing a bridge over the Genesee river, in the county of Livingston, and to levy a tax for the amount allowed.”

"An act to extend the time for the collection of taxes in the towns of Jamaica, Hempstead, North Hempstead, and Oyster Bay, county of Queens."

“An act to amend an act entitled 'An act to amend an act to incorporate the Savings Bank of the city of Utica, passed April 26, 1839; passed April 11, 1870."

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

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

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

A message from His Excellency the Governor, through bis private secretary, was received and read as follows:

}

EXECUTIVE CHAMBER,

ALBANY, January 30, 1872. To the Legislature:

I have this day affixed my official approval to Assembly bill No. 19, entitled “An act relating to appropriations and deficiencies in the and county of New York, and the audit and payment of salaries and ciaims in said city and county."

I have done this with reluctance. The bill appears to me to be faulty in its structure; yet not so much so perhaps as to preclude arriving at an intelligent construction of its intent. It is, however, seriously erroneous in principle. It provides not only for the audit and payment of claims accrued in the year 1871, against the city and county of New York, to an amount not to exceed the sum of $8,500,000, but also for appropriations and apportionment of moneys to carry on the local government for the first four months of the present year. The power to au lit and pay last years claims up to a fixed amount, and to make appropriations for the expenditures of the current year up to the 1st of May next, without limit as to amount, is conferred npon the three persons who now are or may hereafter be heads of certain departments of the city government, to wit, the comptroller, the president of the department of parks and the commissioner of public works, all of whom are appointees of the mayor, none of them having been elected by the people. The bill ignores the chief executive officer of the city and the legislative branch of the local government. A bill which seeks to carry on the government of a great city and county without the concurrence of its mayor and common council and board of supervisors, or any of them, and which places this great duty in the hands of certain subordinate officers, appointed by the mayor, without associating with them in it either the mayor or the legislative branch of the local government, some representative of the latter, can be justified only by an extraordinary condition of affairs. A limit is placed by the bill upon the amount which is to be applied to the payment of claims against the city, however well founded these may be; but none is imposed upon the appropriation of inoney for current expenses. The omission of a limit upon the amount of public moneys which these three officers are authorized to appropriate cannot be justitied; and is overlooked by me, now, in the faith that you will, by prompt supplemental legislation, affix one. No condition of things can render this omission necessary or proper.

Specific provision is made in the bill for providing means for paying the accrued claims by the issue of revenue bonds; but while the bill authorizes the appropriation of money for all the current expenses of the first four months of this year it does not provide any means for obtaining the money to meet such appropriations, either by tax or by borrowing. There has been, in nearly all the tax levies for the city and county of New York, heretofore passed by the Legislature, explicit authority conferred to issue revenue bonds in anticipation of the receipt of taxes for the year, and there are also to be found in the laws general provisions authorizing the comptroller of the city to borrow in anticipation of the revenues of the city and county such sums as may be necessary to meet the ordinary expenditures of the local government for each current year, not exceeding the amount of such revenues, yet it may be, and I think is, a matter of serious doubt whether such general provisions will apply to moneys appropriated and to be expended under the extraordibary and exceptional powers conferred on the board created by this act,

or

for a portion of the year only, no revenue for the year being as yet provided for or determined. An extraordinary condition of affairs does exist in the city requiring prompt remedy, and making necessary temporary and unusual measures of relief. T'he needs of the employes of the city government, and of many of its honest creditors are pressing ; various important charities which are, in part, dependent upon the city government for the means of relieving the helpless under their care cannot be longer kept out of the money which has been promised them, without producing great and extensive suffering; and there is a necessity for some temporary means of carrying on the public business of the city until the Legislature shall determine what shall be done with reference to the permanent reorganization of its government.

If I were to return this bill for reconsideration by you, on account of the objectionable features I find in it, great delay might ensue in providing the means of paying the city's rightful creditors and of carrying on its government for the time.

The remedy for the existing condition of things onght to be prompt. While I think that, even under the necessity for immediate legislation on the subject, a bill more cautious and more in conformity with correct principles ought to have been prepared, I have signed this bill rather than risk further delay in furnishing relief to those having just claims on the city, and many of whom have suffered already from their non-payment; and in the confident belief that the extraordinary powers conferred by the bill will not be abused. I make this respectful communication to the Legislature to the end that I may not be held committed, by giving to this bill my signature, under the very extraordinary circumstances connected with it, to its objectionable features in other cases, if any such should arise hereafter; and I respectfully, but earnestly, recommend that the Legislature promptly pass a supplementary act limiting to such amount as to it may secm proper, the sum which may be appropriated by the board created by this act, for the expenses of the city government from the first of January instant to the first of May next, and also conferring specific power on the comptroller of the city to issue revenue bonds, payable out of such taxes as may be levied this year, for the purpose of providing means for the expenditures to be made in the period named.

JOHN T. HOFFMAN. Mr. Woodin asked to be excused from serving on the committee appointed to investigate the charges preferred against the Clerk of the Senate.

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

Mr. Robertson moved that Mr. Adams be appointed on said committee in place of Mr. Woodin.

Mr. Adams asked to be excused.

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

Mr. Madden moved that Mr. Lowery be appointed a member of said committee in place of Mr. Woodin.

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

The Assembly returned the following entitled bill, with a message that they had concurred in the passage of the same, without amendment:

“An act to authorize the extension of the time for the collection of taxes in the several towns of this State.”

Ordered, That the Clerk deliver said bill to the Governor,
On motion of Mr. Chatfield, the Senate adjourned.

WEDNESDAY, JANUARY 31, 1872.

The Senate met pursuant to adjournment.
Prayer by Rev. Mr. Brown, of Cohoes.
The journal of yesterday was read and approved.

Messrs. Winslow, Johnson, Harrower, Tiemann, Weismann, Adams, and Cock, severally, presented petitions in favor of the Beach Pneumatic railway; which were read and referred to the committee on railroads.

Messrs. Harrower, Woodin, Madden, and Bowen, severally, presented remoustrances against any legislative interference with the management of the Erie railway; which were read and referred to the committee on railroads.

Mr. Benedict presented a petition for the protection of factory children; which was read and referred to the committee on the judiciary.

Mr. Woodin presented a petition of the Society of Frienols on the subject of intemperance; which was read and referred 10 the committee on internal affairs.

Mr. Winslow presented a petition of the trustees of the Hungerford Collegiate Institute for an increase of the literature fund; which was read and referred to the committee on literature.

Mr. Ames presented a petition of the citizens of the village of Plattsburgh for the amendment of an act in relation to the establishment of a normal school in Plattsburgh; which was read and referred to the committee on literature.

Also, a petition for the repeal of the Erie classification act; which was read and referred to the committee on the judiciary.

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

"An act to extend the time for the collection of taxes in the towns of Jamaica, Hempstead, North Hempstead, and Oyster Bay, county of Queens."

Mr. Foster, from the committee on railroads, to which was referred the bill entitled “An act to authorize the Cazenovia and De Ruyter Railroad Company to take increased fare on their road,” reported in favor of the

passage of the same, and said bill was committed to the committee of the whole.

Mr. Baker, from the committee on railroads, to which was referred the bill entitled "An act to amend an act to incorporate the Utica and Mohawk Street Railroad Company," reported in favor of the passage of the same with amendments, and said bill was committed to the committee of the whole.

Mr. Dickinson, from the committee on the affairs of villages, to which was referred the bill entitled “An act to amend and consolidate the charter of the village of Middletown,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.;

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