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 Assembly returned the concurrent resolution relative to the appointment of three officers in the service of the United States, to examine and revise the exterior pier and bulk-head lines of the harbor of New York, on the Long Island side, with a message that they had concurred in the passage of the same.

Mr. Woodin, from the committee appointed to draft appropriate resolutions of respect for the memory of Professor S. F. B. Morse, reports the following:

Resolved, That the Senate have heard with profound regret of the death of Samuel F. B. Morse, whose achievment of science, in rendering the electric telegraph of practical usefulness, has constituted him one of the greatest benefactors of the human race.

Resolved, That we remember with pride, that while a citizen of this State, his thought conceived and his skill formed that art which has thus marked a new era in the progress of civilization.

Resolved, That these resolutions be entered upon the journal of the Senate, and a copy thereof, duly certified, be transmitted to the family of the deceased.

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

By unanimous consent, Mr. Lewis asked and obtained leave to introduce a bill entitled "An act to amend chapter 165 of the Laws of 1869, an act entitled 'An act to authorize the selection and location of certain ground for public parks in the city of Buffalo, and to provide for the maintenance and embellishment thereof,' passed April 14, 1869, and also to authorize the city of Buffalo to issue bonds for laying out, improving and embellishing the same," 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. Winslow asked and obtained leave to introduce a bill entitled "An act relating to executions issued by justices of the peace," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Mr. Dickinson moved that the bill entitled "An act to amend an act entitled 'An act to amend the charter of the village of Saratoga Springs,' passed March 26, 1866," be recommitted to the committee on the affairs of villages.

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

Mr. Robertson offered the following:

Whereas, There exists in the waters between Staten Island and New Jersey certain obstructions to navigation, which make the same dangerous, and affect commerce passing through those waters; therefore,

Resolved (if the Assembly concur), That the Senators and Representatives in Congress from the State of New York, be and are hereby requested to procure, if possible, such appropriation, by Congress, as may be necessary to improve the navigation of said waters, and especially to remove any obstructions that may exist in the channel at the point known as the corner stake and Shooters Island.

Resolved (if the Assembly concur), That the Governor be requested to

transmit a copy of the foregoing preamble and resolution to each of the Senators and Representatives from this State in Congress.

Ordered, That said resolutions be laid on the table.

Mr. Palmer offered the following:

Resolved (if the Assembly concur), That the posts of the Grand Army of the Republic of the city of Albany be allowed the use of regimental flags of Albany regiments from the inilitary bureau on the 30th day of May, 1872, annual decoration day.

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

Mr. Palmer offered the following:

Resolved, That one thousand copies of the report of the Managers of the Hudson River State Hospital for the Insane be printed with paper covers; five hundred for the use of the Legislature and five hundred for the use of the Managers.

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

Mr. Lord moved that the Assembly bill entitled "An act in relation to the location and erection of public buildings for the use of the city of Rochester," be read a third time.

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

Said bill was then 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:

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, with amendments.

Mr. Bowen moved that when the Senate adjourn to-day it adjourn to meet on Tuesday morning at eleven o'clock.

Mr. D. P. Wood moved to amend by substituting the words "Monday evening at half past seven o'clock."

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

The President then put the question whether the Senate would agree to said motion, as amended, and it was decided in the affirmative. On motion of Mr. Tiemann, the Senate adjourned..

MONDAY, APRIL 8, 1872.

The Senate met pursuant to adjournment.

Prayer by Rev. Mr. Selkirk.

The journal of Saturday was read and approved.

Mr. Robertson presented a remonstrance of citizens of Yonkers against the incorporation of the city of Yonkers; which was read 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 to appropriate certain money for the enlargement of the Champlain canal, and also to reappropriate the sum of $41,000, a portion of the unexpended balance appropriated by chapter 768 of the Laws of 1870, to pay awards by the Canal Appraisers and the Canal Board for the years 1868 and 1869," 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. Cock asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to amend an act entitled An act to incorporate the Orient Wharf Company,' passed June 28, 1851, passed March 17, 1860," 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.

By unanimous consent, Mr. Benedict asked and obtained leave to introduce a bill entitled "An act in relation to the compensation of judicial officers in the city and county 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 judiciary.

By unanimous consent, Mr. Benedict asked and obtained leave to introduce a bill entitled "An act in relation to referees 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 judiciary.

By unanimous consent, Mr. Chatfield asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to incorporate the Binghamton and Port Dickinson Railroad Company,'" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

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

"An act to amend an act entitled 'An act to incorporate the village of Warwick,' passed April 15, 1867."

"An act to amend an act entitled 'An act requiring the district attorney of the county of Erie to give a bond to pay over all moneys received by him as such district attorney, and to provide for the appointment of an assistant district attorney for that county,' passed April 13, 1857."

"An act to organize a board of school commissioners in and for the city of Troy."

"An act to amend an act entitled 'An act to provide for the drainage [SENATE JOURNAL.]

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of the swamp, bog and other low and wet lands in the village of White Plains and adjacent thereto,' passed May 2, 1871."

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

"An act relating to lands devised by David Stanley, deceased."

"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."

"An act in relation to the incorporation of the village of Whitney's Point."

Mr. Tiemann offered the following:

Whereas, The hundred days for which members of the Legislature are entitled by the Constitution to receive compensation for their services will expire on Wednesday, the tenth day of April instant, and it is expected that the Legislature will adjourn at an early day thereafter; and,

Whereas, No act making provision for the government of the city of New York has yet been passed; and,

Whereas, Serious doubts are entertained whether the differences existing between the two Houses of the Legislature on the bill now pending can be reconciled; and,

Whereas, It is feared that the bill will be lost on account of the disa greement between the two Houses, or if they should agree and pass the bill, that it will not be approved and signed by the Governor, and that the Legislature may adjourn without enacting a charter for the city of New York; and,

Whereas, It is of the utmost importance that some legislation should be had at this session of the Legislature for the purpose of improving the existing government of the city of New York; therefore,

Resolved, That the committee on the affairs of cities be, and is hereby instructed to examine the charter passed April 26, 1870, and the amendments thereto passed April 18, 1871, and propose such amendments thereto as will relieve it of the obnoxious features and provisions it now contains, provide for an early election of the mayor and other officers to be elected by the people, and such other amendments as the exigencies of the times and the public sentiment of the city of New York seem to demand, and report such amendments by bill on or before the thirteenth day of April next.

Mr. Tiemann moved to lay said resolution upon the table.

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

Mr. Lewis moved that the Assembly bill entitled "An act to repeal an act entitled 'An act in relation to the inspection of steam boilers in the State of New York, except in the Metropolitan Police district,' passed June 22, 1867, and all acts amendatory thereof," be recommitted 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.

Mr. Lewis offered the following:

Resolved (if the Assembly concur), That the commissioners appointed in chapter 868 of the Laws of 1871 to examine and practically test all inventions and devices, which may be submitted to them for that purpose, by which steam, caloric, electricity, or any motor other than animal power may be practically and profitably applied in the propulsion

APRIL 8.]

or towage of boats upon the canals, are hereby required to examine and test the plans for propelling and towing boats by means of a submerged cable and clip drum, commonly known as the European or Belgian system; and if, in the judgment of said commissioners or a majority of them, the said.system is superior to any other invention or device which shall have been submitted to them for the towage or propulsion of boats upon the canals, they are hereby required to certify that fact to the Legis lature at the next session thereof.

Ordered, That said resolution be laid on the table.

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

Assembly, "An act to amend chapter 177 of the Laws of 1870, entitled 'An act to incorporate the village of Pittsford, county of Monroe, State of New York,' passed April 11, 1870."

Assembly, "An act to amend an act entitled 'An act for the incorporation of benevolent, charitable, scientific and missionary societies,' passed April 12, 1848."

"An act to authorize the Morrisania Steamboat Company to issue bonds, and to change the place of their principal office."

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

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 an act entitled 'An act to prevent the flooding of lands by reason of the construction of the State dam across the Tonawanda creek, at the village of Tonawanda,' passed June 5, 1871."

"An act to amend chapter 310 of the Laws of 1864, being an act to incorporate the Farmers' Protective Union."

Assembly, "An act to provide for supplying the village of Peekskill with water, and authorizing the issue of bonds therefor, and to create a board of water commissioners."

After some time spent therein, the President resumed the chair, and Mr. McGowan, 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. McGowan, 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.

The Senate again 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 in relation to the mounted batteries of artillery of the national guard."