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Mr. Graham, from the committee on internal affairs, to which was referred the bill entitled "An act to amend chapter 92, Laws of 1869, entitled "An act to provide for the compensation of members of the board of supervisors of the county of Oneida,' and to fix the place of the annual sessions thereof,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Bowen, from the committee on public printing, to which was referred the resolution to print extra copies of the financial report of the Auditor, reported in favor of the adoption of the following resolution :

Resolved, That 500 copies of the Auditor's financial report be printed for the use of the Senate, and 509 additional copies for the use of the Auditor.

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

Mr. Palmer, from the committee on the affairs of cities, to which was referred the bill entitled "An act conferring powers on the comptroller of the city of New York,” reported they have made amendments thereto, and amended the title so as to read: "An act regulating the apportionment of appropriations, and the auditing and payment of certain claims in the city of New York,” and recommend its passage; said bill was committel to the committee of the whole.

Mr. Lowery, from the committee on manufactures, to which was referred the Assembly bill entitled "An act in relation to the filing of the certificate of incorporation of the Keating Lumber Company,” reported in favor of the passage of the same; and said bill was committed to the committee of the whole.

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

"An act to release the interest of the people of the State of New York in and to certain lands in Oneida county, to George A. Reynolds."

"An act to amend an act entitled 'An act to incorporate the Manhattan Dispensary of the city of New York,' passed May 6, 1870."

An act to amend an act entitled 'An act to amend the act incorporating the village of Plattsburgh, passed April 13, 1859,' passed April 20, 1871."

By unanimous consent, Mr. Woodin asked and obtained leave to introduce a bill entitled "An act to confirm the title of Horace T. Cook to the office of justice of the peace, and to legalize his official acts as such justice 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.

In pursnance of previous notice, Mr. Robertson asked and obtained leave to introdce a bill entitled "An act for the protection of tax-payers against the frauds, embezzlements and wrongful acts of public officers and agents.” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. Adams asked and obtained leave to introduce a 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," 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 ananimous consent, Mr. Lowery asked and obtained leave to intro

duce a bill entitled “An act to amend the act entitled ‘An act in relation to the qualification of persons to be admitted to practice in the courts of this State as attorneys, solicitors and counselors,' passed April 13, 1871,” 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. Winslow asked and obtained leave to introduce a bill entitled “An act to extend the provisions of the act, chapter 113, of the Laws of 1853, entitled ‘An act declaring Indian river a public highway,’” 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. Lord asked and obtained leave to introduce a bill entitled “An act requiring commissioners of highways to act as inspectors of plank roads and turnpike roads,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges. By unanimous consent, Mr. McGowan asked and obtained leave to introduce a bill entitled “An act to enable the electors of Frankfort, in the county of Herkimer, to vote by districts for town officers, and for all other officers elected at general or special elections, as provided by law,” 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. Perry asked and obtained leave to introduce a bill entitled “An act to amend an act entitled ‘An act to consolidate the cities of Brooklyn and Williamsburgh, and the town of Bushwick, into one municipal government, and to incorporate 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. Lewis asked and obtained leave to introduce a 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,” 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. Lowery asked and obtained leave to introduce a bill entitled “An act to provide for the re-hearing by the Comptroller of the appeal in the matter of the town of Floyd, in the county of Oneida, against the supervisors of said county,” 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 regulate the fees of county clerks, except in the city and county of New York, for searching records and certifying titles of, and incumbrance upon real estate, for showing papers on file, and for the indexing, custody and use of such records,” 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. D. P. Wood asked and obtained leave to introduce a bill entitled “An act for the relief of Simon De Graff and James Conway, and to authorize the board of supervisors of the county of Livingston to audit and allow the claims of said De Graff and Conway for building a bridge over the Genesee river, in the county of Livingston, and to levy a tax for the amount allowed,” 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 bill entitled “An act to release the interest of the people of the State of New York in and to certain lands in Oneida county, to George A. Reynolds," 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, twothirds of all the members elected to the Senate voting in favor thereof, as follows:

FOR THE AFFIRMATIVE.
Adams
Bowen
Johnson
Palmer

Weismann
Allen
Chatfield Lewis

Perry

D. P. Wood
Ames
Cock
Lowery

Robertson J. Wood
Baker

Dickinson McGowan Tiemann Woodin
Benedict Foster

O'Brien
Wagner

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

The bill entitled “An act to amend an act entitled 'An act to incorporate the Manhattan Dispensary of the city of New York,' passed May 6, 1870," 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, as follows:

FOR THE AFFIRMATIVE.
Adams
Cock
Lewis
O'Brien

Weismann
Allen
Dickinson Lord

Perry

Wipslow
Ames
Foster
Lowery

Robertson D. P. Wood
Baker
Graham

McGowan Tiemann Woodin
Chatfield Harrower Madden

Wagner

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

The bill entitled “An act to amend an act entitled 'An act to amend the act incorporating the village of Plattsburgh,' passed April 13, 1859, passed April 20, 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.
Adams
Bowen
Graham

McGowan Weismann
Allen
Chatfield Harrower O'Brien

Winslow
Ames
Cock
Lewis
Palmer

D. P. Wood
Baker
Dickinson Lowery Perry

Woodin
Benedict
Foster

22 FOR THE NEGATIVE. Lord

1 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. Mr. Perry offered the following:

Whereas, It has been alleged that the Superintendent of the Insurance Department has, during his incumbency, subjected all, or nearly all, the life and the fire insurance companies doing business in this State to an investigation for the ostensible purpose of ascertaining their solvency, (SENATE JOURNAL.]

11

and has imposed, contrary to law, heavy charges for such examinations, generally made by deputy, and, in the case of some companies, repeated at brief intervals; therefore it is Resolved, That the said Superintendent, George W. Miller, is hereby required to make, with all convenient speed, a return to the Legislature, containing an exact statement of the number and name of all the comanies he has examined in person or by deputy during his term, including also the dates of such examinations, their repetition, their purpose, whether merely to ascertain the solvency of the companies or their fitness to be admitted into the State, the name of the deputy employed, the time occupied in making such examinations, the amounts charged, and the sum actually received for such investigations by himself and his deputies, the manner in which such payment was effected, and how much was received directly from the companies, and how much from their counsel. The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative. Mr. Woodin called from the table the concurrent resolution from the Assembly, as follows: Whereas, Grave charges and reflections have appeared in the public prints in and about the city of New York against and upon the office of the district attorney of the city of New York; said charges being that the said district attorney's office shields criminals and fails to bring parties indicted for crime to trial, after the lapse of many months after indictments; after there having been sufficient time therefor, wherein to bring said persons charged with crime to trial and punishment. And whereas, The election of a city judge, with concurrent power with the recorder, was intended to facilitate the trial of all indictments against parties charged with crime, that the innocent might be liberated and the guilty punished; therefore Resolved (if the Senate concur), That the committee on the judiciary of the Senate and the like committee on the part of the House investigate such alleged abuses; and, in addition thereto, that said committee are particularly directed to investigate the said office as to the number of indictments now on file therein, for what offense, the number of recognizances taken in said office, the nature and sufficiency thereof, the amount of moneys paid on forfeited recognizances, and such other matters as the said joint committee shall deem best for the public good, and that the said committee have power to send for persons and papers, and report back, as soon as prepared so to do, before the final adjournment of this session. Such investigation to be conducted without expense to the State, except for the service of legal process. Mr. Perry moved to lay the resolution upon the table. The President put the question whether the Senate would agree to said motion to lay on the table, and it was decided in the negative. The President then put the question whether the Senate would agree to said resolution, and it was decided in the negative, as follows:

FOR THE AFFIRMATIVE.

Dickinson Lord O'Brien Perry Winslow

Johnson McGowan 7 For THE NEGATIVE.

Adams Bowen Harrower Palmer Weismann

Allen Chatfield Lewis Robertson D. P. Wood

Ames Cock Ilowery Tiemann J. Wood

Baker Foster Madden Wagner Woodin

Benedict Graham 22

Mr. Robertson called for the consideration of the resolution heretofore offered by him, as follows: Whereas, At the last session of the Legislature the following amendment to the Constitution was proposed in the Senate and Assembly, viz.: “That the sixth article of the Constitution of this State be amended by adding thereto the following section : “Ś 28. The Court of Appeals may order any of the causes, not exceeding five hundred in number, pending in that court at the time of the adoption of this provision, to be heard and determined by the Commissioners of Appeals; and the Legislature may extend the term of service of the Commissioners of Appeals not exceeding two years.” And whereas, The said proposed amendment was agreed to by a majority of the members elected to each of the two Houses of the said Legislature, entered on the journals with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the then next general election of Senators; And whereas, Such election has taken place, and said proposed amendment was duly published for three months previous to the time of making such choice, in pursuance of the provisions of section one of article thirteen of the Constitution ; therefore, Resoleed (if the Assembly concur), That the Senate do agree to the proposed amendment. Mr. Robertson moved to refer said resolution to the committee on the judiciary. The President put the question whether the Senate would agree to said motion to refer, and it was decided in the affirmative. Mr. Benedict presented the fifty-fourth annual report of the trustees of the New York State Library; which was laid on the table and ordered printed. (See Doc. No. 12.) Mr. Benedict offered the following: Resolved, That 1,000 copies of the report of the trustees of the State Library be printed for the use of the trustees. Ordered, That said resolution be referred to the committee on public pirnting. Mr. Madden gave notice that he would, at an early day, ask leave to introduce a bill to authorize the transportation of passengers in the . of New York by means of street railways to be constructed throug certain streets and avenues therein. 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: “An act to incorporate the Albany Produce Commission Company.” “An act to amend an act entitled ‘An act to facilitate the construction of the Lake Ontario Shore railroad, and to amend the several acts in relation thereto,” passed March 17, 1871.” “An act providing for appeals from the decisions of county superintendents of the poor.” After some time spent therein, the President resumed the chair, and Mr. D. P. Wood, from said committee, reported progress on the two first named bills, and asked and obtained leave to sit again. Mr. D. P. Wood, from the same committee, reported in favor of the fossage of the last named bill with amendments, which report was agreed w and said bill ordered engrossed for a third reading.

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