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The Assembly bill entitled “An act to amend chapter 12 of the Laws of 1872, entitled ‘An act prescribing the officers and employes that may be elected, appointed, or employed by the Senate and Assembly, fixing the salary and compensation thereof, and regulating the proceedings of investigating committees, and providing for the payment of the expenses i. 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 Chatfield Lord Robertson Winslow

Allen Foster McGowan Tiemann D. P. Wood Baker Graham O'Brien Wagner Woodin Benedict Harrower Perry Weismann 19

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.

The Assembly bill entitled “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,” 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 Chatfield Graham Lowery Wagner
Allen Cock Harrower McGowan Weismann
Baker Dickinson Lewis Perry D P. Wood
Bowen Foster Lord Tiemann

FOR THE NEGATIVE.
O'Brien 1

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.

The Assembly bill entitled “An act to authorize the city of Rochester to issue its ...i. in aid of the Lake Ontario Shore Railroad Company, and to take the bonds or stock of that company therefor,” 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.

Allen Cock Harrower McGowan Winslow

Baker Dickinson Lewis Madden D. P. Wood

Bowen Foster Lord Perry Woodin

Chatfield Graham Lowery Weismann 19 FOR THE NEGATIVE.

Tiemann 1

Ordered, That the Clerk return said bill to the Assembly, with a mes

sage informing that the Senate have concurred in the passage of the same, with amendments.

Under the order of business, motions, and resolutions, the President announced the question to be upon the adoption of the concurrent resolution proposing an amendment to the Constitution relative to State TISOnS. Resolved (if the Assembly concur), That the following amendment to the Constitution be proposed for the 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 !. and who shall perform such duties as the Legislature or the oard 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 removable at his pleasure. 6. The Governor may remove either of the managers for misconduct, incompetency or neglect of duty, after the opportunity to be heard on written charges. 7. The 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 one of article thirteen of the Constitution, it be published for three months previous to the time of such election. - * The President put the question whether the Senate would agree to the final passage of said resolution, 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 Murphy Wagner

Allen Foster Lord O’Brien Weismann
Baker Graham Lowery Perry Winslow
Benedict Harrower McGowan Robertson D. P. Wood
Bowen Johnson Madden Tiemann Woodin
Chatfield 26

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

By unanimous consent, Mr. Robertson, from the committee on the judiciary, to which was referred the bill entitled “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,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

By unanimous consent, Mr. Benedict, from the committee on literature, to which was referred the bill entitled “An act to organize a board of school commissioners in and for the city of Troy,” reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole

Mr. Perry moved to reconsider the vote o which the Assembly bill entitled “An act to repeal chapter 737 of the Laws of 1871, entitled “An act to provide for the election of an auditor for the county of Kings, and prescribing his powers and duties,’” was passed.

The President put the question whether the Senate would agree to said motion to reconsider the vote upon 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 Chatfield Lewis O'Brien Wagner

Allen Cock Lowery Perry Weismann
Baker Foster McGowan Robertson D. P. Wood
Benedict Graham Murphy Tiemann Woodin

Bowen Harrower 22

Mr. Perry moved to reconsider the vote by which the Assembly bill entitled “An act to repeal chapter 115 of the Laws of 1871, and to place proper restrictions on the appropriations and expenditures of public money by the board of supervisors of Kings county,” was passed.

The President put the question whether the Senate would agree to said motion to reconsider the vote upon 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 Chatfield Lord ()'Brien Wagner

Allen Cock Lowery Perry Weismann

Baker Graham McGowan Robertson D. P. Wood
Benedict Harrower Murphy Tiemann Woodin

Bowen Lewis 22

Mr. Chatfield moved that the following resolutions be made the special order for Friday next, immediately after the reading of the Journal : Resolved, That the report of the select committee appointed to investigate the charges against Senator James Wood be accepted and the committee discharged from the further consideration of the subject. Resolved, That the Hon. James Wood, Senator from the Thirtieth district, be and hereby is expelled from his seat in the Senate. 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. Lewis, on behalf of Mr. J. Wood, presented the written argument of Hon. Henry R. Selden, as his defense, against the charges made against o: and moved that the same be printed and placed upon the files of the enate.

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

The hour of one o'clock having arrived, the President announced the executive session, and 'after some time spent therein, the doors were opened, and the Senate resumed the consideration of legislative business.

Mr. Lord moved to take from the table the resolutions heretofore offered by him relative to the President of the United States. The President put the question whether the Senate would agree

to said motion, and it was decided in the negative, as follows:

FOR THE AFFIRMATIVE.
Bowen
Cock
Johnson Lowery

Tiemann
Chatfield Harrower

Lord

Murphy Woodin 10

FOR THE NEGATIVE.
Adams
Dickinson McGowan Perry-

Weismann
Allen
Foster
Madden

Robertson Winslow
Baker
Lewis
O'Brien
Wagner

D. P. Wood Benedict

16 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 in relation to the highway from the town of Northville to Lake Pleasant, in the county of Hamilton.”

"An act to ascertain, by proper proofs, the citizens who shall be entitled to the right of suffrage in the State of New York, except in the city and county of New York, and to repeal chapter 572 of the Laws of 1871, entitled "An act to amend an act entitled An act in relation to elections in the city and county of New York.'

“An act to amend section 2 of chapter 9 of Laws of 1872, entitled ‘An act relating to appropriations and deficiencies in the city and county of New York, and the audit and payment of salaries and claims in said city and county,' passed January 30, 1872."

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

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

The Assembly returned the concurrent resolution recalling Senate bill No. 157, amending the act incorporating the New England Society, from the Governor, with a message that they had concurred in the passage of the same.

Ordered, That the Clerk deliver said resolution to the Governor.
The Assembly returned the bills entitled as follows:

“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.”

“An act to amend an act entitled 'An act to amend an act to incorporate the Savings Bank of the city of Utica, passed April 26, 1839; passed April 11, 1870."

Ordered, That the Clerk deliver said bills to the Governor.
On motion of Mr. Cock, the Senate adjourned.
[SENATE JOURNAL.]

73

THURSDAY, APRIL 4, 1872.

The Senate met pursuant to adjournment.

Prayer by Rev. Mr. Selkirk. The journal of yesterday was read and approved. Mr. Winslow, from the select committee of nine, reported complete the bills entitled as follows: “An act to incorporate the St. Lawrence Bridge Company.” [With amendments.] A “An act to repeal chapter 245 of the Laws of 1871, entitled ‘An act relating to military exemptions.” “An act to clear and regulate the court-house property of the county of Kings.” Assembly, “An act to authorize the making of an extension or branch of the Gowanus canal, in the city of Brooklyn.” “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.” “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.” “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.” “An act to amend the charter of the village of Perry, county of Wyoming.” Assembly, “An act to amend an act entitled ‘An act giving permission to the United States to remove a portion of the public work known as the Erie Basin Breakwater, in or near Buffalo harbor, passed April 27, 1868.” “An act to legalize the acts of David B. Barnum, as notary public.” “An act in relation to the Brooklyn Club.” *: “An act authorizing and directing the surrogate of the county of Cattaraugus, to distribute to the collateral next of kin of Sarah Denman her legacy under the last will and testament of her father, Ashbel Freeman, deceased, and also her distributive share as one of the next of kin of the estate of her deceased sister, Catharine Freeman.” Assembly, “An act to provide for fair grounds in the county of Chemung. Assembly, “An act to amend an act entitled ‘An act to consolidate and amend the several acts relating to the village of Warsaw, and to enlarge the powers of the corporation of said village, passed March 17, 1860.” Assembly, “An act to prevent frauds in the sale of patent rights.” “An act to provide for a vote of the inhabitants of the towns of Little Falls, Manheim and Danube, in the county of Herkimer, upon the question of the completion of the bridge over the Mohawk river at Fink's Basin, in the county of Herkimer, and to provide for the payment of the indebtedness incurred by the commissioners of said towns on account of said bridge.” [With amendments.]

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