Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in the passage of the same. Mr. Palmer, from the committee on the affairs of cities, to which was referred the Assembly bill entitled "An act in relation to the location and erection of public buildings for the use of the city of Rochester," reported the same for the consideration of the Senate, and said bill was committed to the committee of the whole.

Mr. Chatfield, 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 authorize the common council of the city of Binghamton to borrow money for the purpose of purchasing a site for a high school, and erecting and furnishing a building thereon," reported in favor of the passage of the same, and said bill was committed to the committee of the whole. On motion of Mr. Johnson, and by unanimous consent, the rules were suspended and the committee of the whole discharged from the consideration of the Assembly bill entitled "An act to amend chapter 65, Laws of 1871, entitled 'An act to revise and consolidate the laws in relation to the village of Geneva, in the county of Ontario,' passed March 3, 1871," and the same was read a third time.

The President then 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:

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in the passage of the

same.

Mr. D. P. Wood, from the committee on finance, to which was referred the Assembly bill entitled "An act providing for additional compensation to deputies, clerks and assistants in the various departments of the State government," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Benedict, from the committee on the affairs of cities, to which was referred the bill entitled "An act to consolidate the city and county of New York, and to provide regulations for the government thereof," 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 bill entitled "An act to amend chapter 90, Laws of 1869, being an act entitled 'An act to provide for the improvement of the navigation of the Racket river, and of the hydraulic power thereon, and to check freshets therein,' passed April 2, 1869," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Foster, from the committee on railroads, to which was referred the bill entitled "An act to amend an act entitled 'An act to facilitate the construction of the New York and Oswego Midland railroad, and to amend the several acts in relation thereto,' passed March 26, 1868," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Adams, from the committee on the affairs of cities, to which was referred the bill entitled "An act to authorize the water commissioners of the city of Watertown to borrow money for the construction of a reservoir and for other purposes," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Madden, from the committee on railroads, to which was referred the bill entitled "An act to amend an act entitled 'An act relating to the Erie Railway Company, repealing chapter 916 of the Laws 1869, so far as relates to the classification of directors of the Erie Railway Company, and the prolongation thereby of their terms of office, and vacating the offices of directors of said company held thereunder, and ordering a new election for a full board of directors of said company, and providing regulations relating to the election of directors of said company, and the transfer of its stock,' passed March 20, 1872," reported adversely thereto, which report was agreed to.

Mr. Madden, from the committee on railroads, to which was referred the bill entitled "An act to create a board of commissioners of city railways, and to provide means of rapid transit in the city of New York," reported adversely thereto, which report was agreed to.

Mr. Madden, from the committee on railroads, to which was referred the bill entitled "An act to incorporate the Underground Railway Company," reported adversely thereto.

Mr. Bowen moved to lay the report on the table.

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

Mr. Bowen offered the following concurrent resolution, proposing an 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 removed at his pleasure.

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

7. This 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 1 of article 13 of the Constitution it be published for three months previous to the time of such election.

Ordered, That said resolutions be laid on the table.

Mr. Baker, from the committee on railroads, to which was referred the bill entitled "An act to incorporate the New York City Depressed Railway Company," reported adversely thereto; which report was agreed to.

Mr. Baker, from the committee on railroads, to which was referred the bill entitled "An act to amend an act to authorize the construction of a railway and tracks in the towns of West Farms and Morrisania, passed May 2, 1863, and the acts amendatory thereof," 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 authorize the Adirondack Company to construct and operate a branch of its railroad from its main line to the north bounds of this State," 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 repeal an act entitled 'An act to amend an act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April 2, 1850, so as to permit municipal corporations to aid in the construction of railroads,' passed May 19, 1869," reported adversely thereto.

Mr. Madden moved to lay the report on the table.

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

Mr. Baker, from the committee on railroads, to which was referred the bill entitled "An act to incorporate the Bartlett Elevated Single Track Quick Transit Railway Company of the city of New York," reported adversely thereto; which report was agreed to.

By unanimous consent, Mr. Lord asked and obtained leave to introduce a bill entitled "An act to authorize the Canal Commissioners to construct a road bridge over the Erie canal at the town of Gates, in the county of Monroe," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

By unanimous consent, Mr. Lewis asked and obtained leave to introduce a bill entitled "An act to repeal chapter 237 of the Laws of 1869 passed April 17, 1869, entitled 'An act to amend an act entitled An act to authorize the formation of railroad corporations, and to regulate the

same,' passed April 2, 1850," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

By unanimous consent, Mr. Lewis asked and obtained leave to introduce a bill entitled "An act making an appropriation for the purpose of repairing and extending the bridge across Clear creek, on the Cattaraugus Indian reservation, in the town of Collins, in the county of Erie," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs. By unanimous consent, Mr. Winslow offered the following:

Resolved, That until otherwise ordered the Senate meet at 11 o'clock,

A. M.

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

Mr. Wagner, from the committee on railroads, to which was referred the bill entitled "An act to authorize the Manhattan Company to construct railways underground in the city of New York," reported adversely thereto, which report was agreed to.

By unanimous consent, Mr. Dickinson asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to incorporate the city of Ogdensburgh,' passed April 27, 1868," 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. Dickinson asked and obtained leave to introduce a bill entitled "An act to amend an act to incorporate the city of Ogdensburgh, passed April 27, 1868," 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. Baker asked and obtained leave to introduce a bill entitled "An act to provide for the erection of houses of detention or lock-ups in the several towns in the State," which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

By unanimous consent, Mr. Wagner asked and obtained leave to introduce a bill entitled "An act to provide for the purchase of a fire apparatus for the village of Canajoharie, and for the more effectual protection of said village against fire," 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.

By unanimous consent, Mr. Benedict asked and obtained leave to introduce a bill entitled "An act to amend subdivision 4, of section 23, of article 2, of title 2, of part 2, of chapter 6, of the Revised Statutes, relating to granting letters of administration in cases of intestacy,' 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, Dickinson offered the following: Resolved, That 1,000 copies of the testimony taken by the select committee of investigation in the case of Hon. James Wood be and is hereby ordered printed for the use of the Senate.

Ordered, That said resolution be referred to the committee on public printing.

By unanimous consent, Mr. Cock asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act in relation to the custody and disposition of the money arising from the sale of the

plain or common lands of the town of Hempstead, Queens county, New York,' passed May 3, 1870," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs.

By unanimous consent, Mr. Cock asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to allow the several towns of this State to raise an increased amount of money for increased compensation of commissioners of highways and other town officers,' passed April 15, 1857," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs.

By unanimous consent, Mr. Lowery asked and obtained leave to introduce a bill entitled "An act to amend chapter 766 of the Laws of 1871, entitled 'An act to allow the justices of the supreme court assigned to hold the general terms thereof in the several judicial departments of this State to fix the time and places of holding the same,' passed April 27, 1871, three-fifths being present," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

The Assembly sent for concurrence the following entitled bills:

"An act to provide for reopening West avenue, in Long Island City, Queens county, and to repeal section 5 of an act entitled An act to lay out, construct and maintain a public road from the foot of East Second street, in Long Island City to D street, in Blissville, Queens county, and to close certain streets in Long Island City, Queens county, passed May 1, 1868," 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 the charter of the village of Perry, county of Wyoming," 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.

"An act to appoint commissioners to make a survey of Richmond county, and certain maps therefrom, and to mature and report a plan for laying out Staten Island, and for securing a water supply for the inhabitants thereof," 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 incorporate the Holy Sepulchre Cemetery in the city of Rochester," 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 for the relief of the devisees and heirs at law of Louis Planer and Josephine Planer, deceased," 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 authorizing the construction of a bridge across the Hudson river at the city of Albany, and incorporating the Albany and Greenbush Bridge Company," 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 confirm and legalize the action of the board of supervisors of Cayuga county in relation to the number of superintendents of the [SENATE JOURNAL.]

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