The President then put the question whether the Senate would agree to the final passage of said bill, as amended, 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.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of the special order, being the bill entitled as follows:

"An act to regulate railroad freight in the State of New York."

After some time spent therein, the President resumed the chair, and Mr. Lord, from said committee, reported that they had struck out the enacting clause thereof, and had instructed the chairman to report that fact to the Senate.

Mr. D. P. Wood moved to disagree with the report of the committee, and that the enacting clause be restored, and the bill ordered engrossed for a third reading.

Mr. Woodin called for a division of the question.

The President put the question whether the Senate would agree to said motion of Mr. D. P. Wood to disagree with the report of the committee, and it was decided in the negative, as follows:

Mr. Woodin moved to recommit said bill to the committee on railroads, with instructions to restore the enacting clause, and add the following amendment:

Nothing in this act contained shall prevent the railroads of this State from entering into arrangements with any railroad company or companies of any other State for pro rating for freights shipped from points west of this State."

The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows:

The President then put the question whether the Senate would agree to said report of the committee, and it was decided in the affirmative, as follows:

The Assembly returned the resolution relative to printing the Clerk's Manual, with a message that they had non-concurred in the report of the conference committee thereon.

The Assembly returned the following entitled bills, with a message that they had concurred in the amendments of the Senate thereto :

"An act to amend chapter 117 of the Laws of 1850, entitled 'An act to amend an act to provide for the better repairing certain roads in the town of Coeymans,' passed December 14, 1847."

"An act to incorporate the Citizens' Plate Glass Insurance Company." "An act to regulate a ferry between the cities of New York and Brook

lyn."

"An act granting the consent of the State of New York to the purchase by the United States of certain lands for the purpose of the erection of a custom-house, court-house, etc., at Albany, and ceding jurisdiction over the same."

"An act to authorize the city of Rochester to issue its bonds in aid of the Rochester, Nunda and Pennsylvania Railroad Company, and to take the bonds of that company therefor."

"An act to authorize the city of Rochester to issue its bonds in aid of the Rochester and State Line Railway Company, and to take the bonds of that company therefor."

"An act to authorize the city of Rochester to issue its bonds in aid of the Lake Ontario Shore Railroad Company, and to take the bonds or stock of that company therefor."

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

The Assembly returned the following entitled bill, with a message that they had concurred in the amendments of the Senate thereto : "An act authorizing the town of Little Valley, Cattaraugus county, to issue bonds to pay its indebtedness incurred in the building of the court-house and jail in said town."

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

By unanimous consent, Mr. Murphy asked and obtained leave to introduce a bill entitled "An act to authorize the Brooklyn Improvement Company to issue preferred and special stock," 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. Tiemann asked and obtained leave to introduce a bill entitle 1 "An act to provide for the improvement of part of 155th street in the city 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 affairs of cities.

By unanimous consent, Mr. Lewis asked and obtained leave to introduce a bill entitled "An act for the payment of Robert G. Stewart, Alex [SENATE JOURNAL.]

74

ander Stewart, Seth Clark, and William H. Greene for dredging done in the Erie basin at Buffalo in the year 1871," 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 amend an act entitled 'An act to provide for the incorporation of villages,' passed December 7, 1847, so far as the same relates to the village of Akron, 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 the affairs of villages.

On motion of Mr. Chatfield, the Senate took a recess until half past seven o'clock, P. M.

SEVEN AND A HALF O'CLOCK, P. M.

The Senate again met.

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:

"An act to incorporate the Manhattan Loan and Trust Company of the city of New York."

"An act to provide for the construction and improvement of the road from Piseco lake to Claflin's tannery, in the county of Hamilton."

Assembly, "An act for the erection of an iron bridge over the Erie canal at West Troy, in the county of Albany."

After some time spent therein, the President resumed the chair, and Mr. Tiemann, from said committee, reported in favor of the passage of the first and second named bills, with amendments, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Tiemann, from the same committee, reported in favor of the passage of the last named bill, which report was agreed to, and said bill ordered to a third reading.

On motion of Mr. Tiemann, and by unanimous consent, the Assembly bill entitled "An act relative to the laying out and opening of Madison avenue north of 120th street, in the city of New York," was ordered to be considered in the first committee of the whole.

On motion of Mr. Lord, and by unanimous consent, the bill entitled "An act relating to lands devised by David Stanley, deceased," was ordered to be considered in the first committee of the whole.

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:

"An act relating to lands devised by David Stanley, deceased." Assembly, "An act relative to the laying out and opening of Madison avenue north of 120th street, in the city of New York."

Assembly, "An act to authorize the rebuilding and repairing of certain wharves and piers in the city of Brooklyn."

After some time spent therein the President resumed the chair, and Mr. Madden, 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. Madden, from the same committee, reported in favor of the passage of the two last named bills, which report was agreed to, and said bills ordered to a third reading.

Mr. O'Brien moved that the bill entitled "An act to incorporate the New York Warehouse and Railway Company," and to provide improved wharves and warehouses in the city of New York; and also adequate means for the transportation of freight and passengers within the city of New York and county of Westchester," be made a special order for Tuesday next, at 12 o'clock noon.

The President put the question whether the Senate would agree to said. motion, and it was decided in the affirmative, two-thirds of all the Senators present voting in favor thereof.

Mr. Johnson moved to reconsider the vote agreeing to the report of the committee of the whole upon the bill entitled "An act to regulate railroad freights in the State of New York."

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

The President voting in the affirmative.

Mr. Woodin moved that the bill be recommitted to the committee of the whole.

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

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:

"An act to amend the charter of the New York Bond Deposit Company of the city of New York."

"An act authorizing the city of Rochester to issue its bonds to an amount not to exceed seventy-five thousand dollars for the purpose of building a free academy."

Assembly, "An act to authorize the city of Rochester to borrow money to pay off deficiencies arising from non-payment of taxes and assessments, and to issue its bonds for the payment thereof."

After some time spent therein, the President resumed the chair, and Mr. Foster, from said committee, reported in favor of the passage of the first and second named bills, which report was agreed to, and said bills ordered engrossed for a third reading.

Mr. Foster, from the same committee, reported in favor of the pas sage of the last named bill, which report was agreed to, and said bill ordered to a third reading.

The Senate again resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the Assembly bilis entitled as follows:

"An act to incorporate the Ulster General Hospital."

"An act to legalize the issue of certain bonds by the city of Rochester for the purpose of raising money for the relief of sufferers by the Chicago fire.'

"An act to amend an act entitled 'An act fixing the fees of justices of the peace and constables in civil and criminal cases, and the fees of jurors and witnesses in justices' courts, and for other purposes,' passed April 20, 1866."

After some time spent therein, the President resumed the chair, and Mr. Perry, from said committee, reported in favor of the passage of the first named bill, with amendments, which report was agreed to, and said bill ordered to a third reading.

Mr. Perry, from the same committee, reported in favor of the passage of the second named bill, which report was agreed to, and said bill ordered to a third reading.

Mr. Perry, from the same committee, reported progress on the last named bill, and asked and obtained leave to sit again.

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:

"An act to authorize the supervisors of the town of New Utrecht, county of Kings, to pay over certain money to the commissioners for grading Fourth avenue, in said town."

"An act to amend an act entitled 'An act to incorporate the Sisterhood of Grey Nuns in the State of New York,' passed April 6, A. D. 1871." "Concurrent resolution, from the Assembly, proposing an amendment to the Constitution relative to pay of members of the Legislature."

After some time spent therein the President resumed the chair, and Mr. Johnson, from said committee, reported in favor of the passage of the first and second named bills, which report was agreed to, and said bills ordered engrossed for a third reading.

Mr. Johnson, from the same committee, reported in favor of the passage of said named resolution, and recommend the passage of the same. The President put the question whether the Senate would agree to said report, and it was decided in the affirmative, as follows:

By unanimous consent, Mr. Madden, from the committee on railroads, to which was referred the bill entitled "An act to authorize the Binghamton, Dushore and Williamsport Railroad Company to lay a railroad track on the tow path of the Chenango canal extension on the south side of the Susquehanna river," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.