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by unanimous consent was also read the second time, and referred to the committee on finance.

In pursuance of previous notice, Mr. Cauldwell asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to create a board of trustees for the town of Morrisania, in the county of Westchester, and to define their powers, passed April 22, 1864,' and the acts amendatory 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 of towns and counties.

By unanimous consent, Mr. Chapman asked and obtained leave to introduce a bill entitled "An act to authorize the construction of a draw or swing-bridge over the Chenango canal, in the city of Binghamton, at its intersection with Hawley street," 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. Chapman asked and obtained leave to introduce a bill entitled “An act to authorize the construction of a draw or swing-bridge over the Chenango canal, at the city of Binghamton, at its intersection with Henry street,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

In pursuance of previous notice, Mr. Creamer asked and obtained leave to introduce a bill entitled "An act to regulate the sale of ales, wines, and spirituous liquors, in the Metropolitan Police District of the State 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 internal affairs of towns and counties.

In pursuance of previous notice, Mr. Cauldwell asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to authorize the construction of a railway and tracks in the towns of West Farms and Morrisania,' passed May 2, 1863," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

In pursuance of previous notice, Mr. Genet asked and obtained leave to introduce a bill entitled "An act to repeal an act entitled 'An act to amend an act entitled 'An act to establish a Metropolitan Police District, and to provide for the government thereof, passed April 10, 1860,' so far as the same relates to the towns of Newtown, Flushing and Jamaica, in the county of Queens," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns and counties.

Mr. Hale called for the consideration of the resolution heretofore offered by him, as follows:

Whereas, By an act of the Legislature of this State, passed July 1st, 1851, the Northern Railroad Company was authorized to extend its pier at Rouse's Point, on Lake Champlain, on condition that a space of at least two hundred and fifty feet should be left free for the passage of vessels between said pier and the pier upon the opposite side of the channel, in the State of Vermont.

And whereas, In May, 1867, a law was approved which had been enacted by the Congress of the United States, making the bridge and piers across Lake Champlain, at Rouse's Point, a post route, and granting special privileges to the railroads owning the said bridge and piers, and permitting them to maintain piers and a draw-bridge, leaving an opening of only about ninety feet on one side, and only about sixty feet on the other.

And whereas, The said piers and bridges, as now constructed and maintained under the authority of said act of Congress, greatly obstruct, delay, and otherwise injure commerce and navigation between the St. Lawrence and Hudson rivers, by way of Lake Champlain and the rivers and canals connecting therewith.

Therefore, resolved, (if the Assembly concur,) That our Senators in Congress be instructed, and that our Representatives of the State in Congress be requested to use their influence to procure a repeal of the act of Congress above mentioned, or such a modification of said act as will secure for the purposes of lake navigation, an open space of at least two hundred and fifty feet between the ends of the piers constructed on the opposite sides of Lake Champlain, at or near Rouse's Point.

Mr. Parker moved that said resolution be referred to the committee on commerce and navigation. Mr. Williams moved to lay upon the table.

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

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

Mr. Mattoon offered the following resolution:

Resolved. That the Clerk be instructed to supply the new Senators one copy each of the Red Book of 1867.

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

Resolved, That the use of the Senate Library be and the same is hereby respectfully tendered to the Convention to revise and amend the Constitution.

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

Mr. Crowley offered the following resolution:

Resolved. That the Clerk of the Senate make the usual arrangements for the payment of postage on all papers received and sent out by Senators; also on all public documents sent out by Senators and officers during the session—the postage upon any one document not to exceed twenty-five cents; and also to send by express any document costing over twenty-five cents.

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

Mr. Humphrey offered the following resolution:

Resolved, That a respectful message be sent to the Honorable the Assembly requesting that Body to transmit to the Senate the papers on file relative to maintaining a State ditch in the towns of Groveland and West Sparta, in the county of Livingston, and that when received they be referred to the committee on capals.

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

Resolved, That a select committee of three be appointed by the President to inquire and report what legislation, if any, is required to insure a greater degree of safety to railway travel, with power to send for persons and papers.

Mr. Folger moved to lay said 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 affirmative.

Mr. Van Petten, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill entitled "An act to

amend an act entitled 'An act to amend and consolidate the several acts relating to the preservation of moose, wild deer, birds and fresh water fish,' passed May 13, 1867,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Creamer gave notice that he would, on some future day, ask leave to introduce a bill to authorize the transportation of passengers in the city of New York, by means of street railways to be constructed through certain streets and avenues therein.

Also, an act to authorize the Mariposa Company to issue a first preferred stock.

Mr: Genet gave notice that he would, on some future day, ask leave to introduce a bill in relation to the New York Mutual Gas Light Company, incorporated by an act entitled "An act to incorporate the New York Mutual Gas Light Company, passed April 17, 1866."

Also, a bill to authorize the construction of a railroad in 125th street, and certain other streets, roads and avenues in the city of New York.

Also, a bill to incorporate the New York Underground Railway Company.

By unanimous consent, the Senate resolved itself into a committee of the whole, and proceeded to the consideration of the Assembly bill entitled as follows:

“An act to amend an act entitled 'An act to amend and consolidate the several acts for the preservation of moose, wild deer, birds and fresh water fish,' passed May 13, 1867."

After some time spent therein, the President resumed the chair, and Mr. Williams, from said committee, reported in favor of the passage of the same, without mendment, which report was agreed to.

By unanimous conset, Mr. Parker moved that said bill be now read a third time.

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.

On motion of Mr. Williains and by unanimous consent, said bill was amended by inserting in section 1, after the word “ Oswego," the word " Wayne."

Said bill, as amended, 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.
Beach
Creamer Kennedy Norton

Thayer
Campbell
Crowley
Mattoon

O'Donnell Tweed
Cauldwell Edwards Morgan

Parker

Van Petten Chapman Humphrey Nichols

Pierce

Williams 20 Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in the same, with an amendment.

Mr. Cauldwell gave notice that he would, on some future day, ask leave to introduce a bill to authorize the Metropolitan Transit Railroad Company, to construct certain roads in the city of New York.

Mr. Van Petten gave notice that he would, on some future day, ask leave to introduce a bill to incorporate the Forestport Railroad Company. Mr. Tweed gave notice that he would, on some future day, ask leave (SENATE JOURNAL.]

6

to introduce a bill to incorporate the Oriental Savings Institution of New York city.

Mr. Norton gave notice that he would, on some future day, ask leave to introduce a bill to prevent gas companies from charging rent for meters in the city of New York.

On motion of Mr. O'Donnell, the Senate adjourned.

WEDNESDAY, JANUARY 15, 1868.

The Senate met pursuant to adjournment,
The journal of yesterday was read and approved.

In the absence of the President, the Senate was called to order by the Clerk.

Mr. Murphy offered the following resolution:

Resolved, That Hon. Charles J. Folger be and he is hereby appointed President pro tem. of the Senate for this session.

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

Prayer by Rev. Dr. Wyckoff.
Mr. Parker offered the following resolution:

Resolved, That a committee of two be appointed to wait upon the Honorable the Assembly, and inform that Body of the election of the Hon. Charles J. Folger as President pro tem, of the Senate.

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

Messrs. Parker and Hubbard were appointed as such committee.

Mr. Parker presented resolutions of electors of the village of Potsdam, asking authority to issue bonds and levy taxes to pay for Normal school site, which were read and referred to the committee on municipal affairs.

Mr. Chapman presented a petition for an act authorizing the Canal Commissioners to construct a bridge over the Chenango canal, at Hawley street, in the city of Binghamton, which was read and referred to the committee on canals.

Also, a petition for an act authorizing the Canal Commissioners to construct a bridge over the Chenango canal, at Henry street, in the city of Binghamton, which was read and referred to the committee on canals.

Mr. Crowley presented a petition of G D. Wichterman and others, for the construction of a ditch in Royalton, Niagary county, New York, which was read and referred to the committee on the judiciary.

Also, a remonstrance of citizens of Niagara county, upon the same subject, which was read and referred to the committee on the judiciary.

Mr. Campbell presented a petition of the board of supervisors of the county of Oneida, to exempt said county from the operation of the law in relation to the fees of county treasurers, which was read and referred to the committee on the judiciary.

Also, a petition of supervisors of the city of Utica, to amend section 4 of the act in relation to the collection of taxes in said city, which was read and referred to the committee on the judiciary.

Mr. Nichols presented a petition of Edmund H. Smith, to have certain surplus moneys arising on mortgage sale by Loan Commissioners, and

paid into the office of the Comptroller by mistake, refunded, which was read and referred to the committee on finance.

Mr. Murphy presented a petition of G. C. Verplanck, Henry C. Pierrepont and William H. Bell, on behalf of the General Theological Seminary of the Protestant Episcopal Church in the United States, for an amendment of its charter, which was read and referred to the committee on charitable and religious societies.

Mr. Crowley presented a petition of John Downing and others, for the construction of culverts from State ditch to Erie canal, in Pendleton, Niagara county, and for damages by heretofore flooding their farms with water, which was read and referred to the committee on canals.

Mr. Van Petten presented a petition of soldiers who enlisted in the United States military service after the State ceased paying bounty, praying for relief, which was read and referred to the committee on militia.

The Assembly sent for concurrence a resolution, in the words following:

IN ASSEMBLY, Jan. 14, 1868.
Resolved, (if the Senate concur,) That the Secretary of State furnish
to each member of Assembly and Senator, one copy of the Convention
Manual, prepared pursuant to chapter 194 of the Laws of 1867.
By order,

C. W. ARMSTRONG, Clerk.
Ordered, That said resolution be laid upon the table.
The President presented the following communication:

CONSTITUTIONAL CONVENTION, ALBANY, Jan. 14, 1868.
On motion of Mr. Alvord,
Resolved, That this Convention accept with thanks the use of the
Library tendered by resolution of the Senate of this date.
By order of Convention.

LUTHER CALDWELL, Secretary.
Also, the following:

CONSTITUTIONAL CONVENTION, ALBANY Jan. 14, 1868.
Resolved, That the privileges of the floor are hereby extended to the
Senators and members of Assembly of this State; also, to the members
of the Common Council of the city of Albany.
By order of Convention.

LUTHER CALDWELL, Secretary.
Mr. Norton moved that said invitation be accepted.

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

Mr. Beach gave notice that he would, on some future day, ask leave to introduce a bill to amend chapter 508 of the Laws of 1863, being an act in regard to notaries public.

Mr. Hubbard gave notice that he would, on some future day, ask leave to introduce a bill to facilitate the construction of the New York and Oswego Midland Railroad, and to amend the several acts in relation thereto.

Also, a bill to amend the 8th section of chapter 172 of the Laws of 1862, in relation to the rights and liabilities of husband and wife.

Mr. Creamer gave notice that he would, on some future day, ask leave to introduce a bill to amend the Military Code.

Mr. Banks gave notice that he would, on some future day, ask leave to introduce a bill to incorporate the Union Safe Deposit Company.

Mr. Murphy gave notice that he would, on some future day, ask leave to introduce a bill to provide for the completion of the Wallabout improvement of the city of Brooklyn. :

Mr. Edwards gave notice that he would, on some future day, ask

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