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FOR THE NEGATIVE.
Adams
Foster
Lowery
O'Brien

Winslow
Benedict Jobnson

Madden

Robertson D. P. Wood Dickinson Lewis

Murphy Weismann Woodin 15 Mr. Lord asked to be excused from voting.

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

Mr. Madden moved to strike out the words “ Friday, the 16th," and insert the words “Saturday, the 17th.”

Mr. Benedict moved to amend by striking out the words “Friday, the 16th," and insert the words “ Tuesday, the 20th.”

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

The President then put the question whether the Senate would agree to said motion of Mr. Madden to amend, and it was decided in the affirmatire, as follows:

FOR THE AFFIRMATIVE.
Baker
Harrower O'Brien

Tiemann Weismann
Chatfield Lord

Palmer
Wagner

Winslow
Cock
Madden Perry

13

FOR THE NEGATIVE,
Adams
Dickinson Graham

Lewis

Robertson Benedict Foster

Johnson Murphy D. P. Wood 10 The President then put the question whether the Senate would agree to said resolution as amended, and it was decided in the affirmative, as follows:

FOR THE AFFIRMATIVE.
Chatfield Johnson Madden Perry

Weismann
Cock
Lord
O'Brien

Tiemann Winslow
Harrower
McGowan Palmer

Wagner

14

FOR THE NEGATIVE.
Adams
Bowen

Graham Murphy D. P. Wood
Baker
Dickinson Lewis

Robertson Woodin
Benedict Foster
Lowery

13 By unanimous consent the rule was suspended, and the Clerk ordered to return said resolution to the Assembly immediately, with a message informing that the Senate have concurred in the passage of the same, with amendments. Mr. Lowery offered the following:

Whereas, The amount of taxes necessary to be collected for the Canal Fund increased from $1,019,265.98 in 1868, to $3,880,035.93 in 1871; and

Whereas, The amounts paid superintendents and contractors for repairs increased from $1,011,056.94 in 1868, to $2,052,195 82 in 1871; and

Whereas, The disbursements from the treasury on Auditor's warrants for the fiscal year was $5,196,895.23, to which add the payments for October, November and December, 1871, $1,913,340.89, making in fifteen months an expenditure of $7,110,236.12, with large amounts of claims and certificates of indebtedness outstanding; and

Whereas, The receipts for tolls decreased from $4,418,309.50 in 1868, to $2,814,953.79 in 1871, while the per centage of cost of maintenance on tolls received increased from 26.80 per cent to 79.94 per cent; and

Whereas, The surplus of revenues over cost of ordinary repairs and collection of tolls have decreased from $3,293,301.13 in 1868 to $592,404.32 in 1871 ; and

Whereas, The amount remaining for ordinary repairs on the eastern division of the canals was $612,825.46 on October 1, 1871, which amount was expended and the fund overdrawn within three months thereafter; and

Whereas, From the foregoing statements it is perfectly apparent that the canals are in a condition of not only absolute bankruptcy, but a source of grave and increasing taxation, and consequently financial injury to the people; therefore,

Resolved, That this board respectfully ask of the Legislature a full and searching investigation of the whole question of canal management and finances, to the end that some policy may be adopted by means of which frauds may be prevented, extravagant expenditure stopped, and receipts increased so as in some measure to relieve the people from taxation, restoring the canals to their former position of usefulness and profit to the State and people.

STATE of NEw York,
CANAL DEPARTMENT.

I certify that I have compared the foregoing copy of preambles and resolution adopted by the Canal Board on the 14th day of February, 1872, with the original minutes of the proceedings of said board, on file in this department, and that the same is a true transcript therefrom, and of the whole of said original preambles and resolution. G. A. DAYTON, Auditor.

Mr. Woodin moved that said preambles and resolution be laid on the table and printed. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of the general orders, being the bills entitled as follows: “An act to amend an act entitled ‘An act to incorporate the village of Goshen, passed April 18, 1843, and passed March 26, 1866.” “An act to extend, widen, alter, and improve Banker street, to close a a portion of the same, and to improve Union avenue, in the city of Brooklyn.” *An act in relation to superintendents of the poor.” After some time spent therein, the President resumed the chair, and Mr. Graham, 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. Graham, from the same committee, reported progress on the second named bill, and asked and obtained leave to sit again. Mr. Graham, from the same committee, reported in favor of the passage of the last named bill, with amendments. On motion of Mr. Johnson and by unanimous consent, the rule was suspended, and said bill 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, as follows:

FOR THE AFFIRMATIVE.

Adams Chatfield Graham Lowery Weismann

Allen Cock Johnson McGowan * Winslow

Ames Dickinson Lewis Robertson J. Wood .

Baker Foster Lord Tiemann Woodin
Benedict 21

Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. - Mr. Baker moved that the bill entitled “An act amending, revising, and consolidating the several acts in relation to the village of Greenbush, in the county of Rensselaer,” be recommitted to the committee on the affairs of !o The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. 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: e “An act to incorporate the Safe Deposit and Trust Company of Auburn.” “An act to appoint commissioners to investigate and examine into the pecuniary affairs and condition of the several State prisons and State reformatory at Elmira of this State, and to report thereon; and also to suggest such laws, rules, and regulations as they may deem proper for the better regulation and discipline of said prisons to the Comptroller of this State.” “An act to amend an act passed May 10, 1870, entitled ‘An act to amend an act entitled “An act to provide for the incorporation of villages,’” passed December 7, 1847, and the several acts amendatory thereof, so far as the same relate to the village of Mount Vernon, in the county of Westchester, and to declare, enlarge, and define the powers and duties of the officers of said village, and to confirm and extend the powers of the corporation of said village.” After some time spent therein, the President resumed the chair, and Mr. Weismann, from said committee, reported progress on the first and second named bills, and asked and obtained leave to sit again. Mr. Weismann, from the same committee, reported in favor of the *:::: of the last named bill, which report was agreed to, and said ill ordered engrossed for a third reading. Mr. Benedict, from the committee on literature, to which was referred the bill entitled “An act to enable the board of education of the village of Salem to borrow money for school purposes from the Common School Fund, or otherwise, and to provide for the payment thereof, with interest, by tax on said village,” reported in favor of the passage of the same, with amendments, and have amended the title thereof so as to read “An act to enable the board of education of the village of Salem to borrow or raise by tax money for school purposes, and to provide for the payment thereof with interest, if borrowed, by tax on said village,” which report was agreed to, and said bill was committed to the committee of the whole. Mr. Palmer, from the committee on the affairs of cities, to which was referred the bill entitled “An act to amend an act entitled ‘An act to revise the charter of the city of Auburn,' passed April 22, 1869,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

The Assembly returned the bill entitled “An act to change the name of the First Congregational Church and Society of Poughkeepsie, New York,” with a message that they had concurred in the amendments of the Senate thereto.

Ordered, That the Clerk return said bill to the Assembly.

On motion of Mr. Madden, the Senate adjourned.

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Prayer by Rev. Mr. Osborn. The journal of yesterday was read and approved. Mr. D. P. Wood presented the opinion of the general term of the fourth department of the powers of boards of supervisors to fix the salaries of county judges and surrogates, and deciding the law of 1870, conferring that power on such boards of supervisors, if unconstitutional. Mr. D. P. Wood moved that it be printed and referred to the committee on the judiciary. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. Messrs. Chatfield, Lewis, J. Wood, Johnson, Graham and Harrower presented remonstrances against legislative interference with the management of the Erie Railway Company; which was read and referred to the committee on railroads. Mr. Graham presented a remonstrance against placing the Erie Railway under control of a British monopoly; which was read and referred to the committee on railroads. Mr. Dickinson presented two petitions for repeal of act providing for the draining of lands adjoining Black Lake; which was read and referred to the committee on internal affairs. Mr. Madden presented a petition of citizens of Newburgh relative to streets; which was read and referred to the committee on the affairs of cities. Mr. J. Wood presented a petition of president and trustees of village of Geneseo relative to charter; which was read and referred to the committee on the affairs of villages. Mr. Baker presented a petition of the Sisters of Mercy for appropriation for the House of Protection for destitute children, Greenbush ; which was read and referred to the committee on finance. Mr. Madden presented a petition of firemen of Middletown, against Foreign Insurance Company bill; which was read and referred to the committee on insurance. Mr. Perry presented a remonstrance against the continued non-enforcement of the eight hour law; which was read and referred to the committee on the judiciary. Also, a remonstrance against the passage of the act to incorporate the Poughkeepsie Bridge Company; which was read and referred to the committee on commerce and navigation. Also, a petition of citizens of Brooklyn for an appropriation for Brooklyn Nursery; which was read and referred to the committee on finance. . Also, a petition of council of vigilance in public affairs in Kings county, for enabling act authorizing a special election of delegates to meet in convention to form a charter for the city of Brooklyn; which was read and referred to the committee on the affairs of cities. Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled “An act to authorize the surrogate of Albany county to issue letters of administration of the personal estate which was of Charles D. Mills, deceased, to his widow Elizabeth P. Mills,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole. Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled “An act in relation to the powers and duties of county treasurers, and to authorize certain actions and proceedings against them,” reported in favor of the passage of the same with amendments, and said bill was committed to the committee of the whole. Mr. Robertson, from the committee on commerce and navigation, to which was referred the bill entitled “An act to amend the charter of the New York Produce Exchange Company, and to confer certain powers upon said company,” 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 commerce and navigation, to which was referred the Assembly bill entitled “An act to authorize the Harlem and New York Navigation Company to issue bonds, and to mortgage its real estate to secure the payment of the same,” reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole. Mr. Robertson, from the committee on commerce and navigation, to which was referred the petition of Henry E. Pierrepont, et al., praying for the passage of an act authorizing the Governor to request the President of the §. States to direct the Bureau of Engineers to revise the pierhead line in New York city, reported a resolution in the words following: }. (if the Assembly concur), That the Governor be requested to apply to the President of the United States to appoint three officers in the service of the United States, familiar with harbors, to examine into and revise the exterior pier and bulkhead lines of the harbor of New York, on the Brooklyn side, and report such revised line to the Legislature. 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. Winslow, from the committee on banks, to which was referred the bill entitled “An act to amend an act entitled ‘An act to incorporate the New York Life Insurance and Trust Company,’ passed March, 1830, and the act amendatory thereof, passed May 2, 1834,” reported in favor of the passage of the same with amendments, and said bill was committed to the committee of the whole. Mr. Winslow, from the committee on banks, to which was referred the bill entitled “An act to incorporate the Woman's Half-Dime Savings Bank of the city of Brooklyn,” reported the same to the Senate for its consideration, and said bill was committed to the committee of the whole. [SENATE Journal.] 30

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