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No. 1524, Int. No. 199) entitled "An act to amend the Education Law, relative to the use of certain text-books in the public schools," with a message that they have concurred in the passage of the same, with the following amendments:

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Page 2, line 8, after "be" insert in italics on complaint". Page 2, line 14, strike out all after the period and lines 15 to 26, both inclusive, and insert in italics "Any person may present a written complaint to such commission that a text book in any of the aforesaid subjects for use in the public schools of this State or offered for sale for use in the public schools of this State contains matter or statements in violation of this section, specifying such matter or statements in detail. If the commission determine that the text book against which complaint is made contains any such matter or statements, it shall issue a certificate disapproving the use of such text book in the public schools of this State, together with a statement of the reasons for its disapproval, specifying the matter found unlawful. Such certificate of disapproval of a text book, with a detailed statement of the reasons for its disapproval, shall be duly forwarded to the boards of education or other boards or authorities having jurisdiction of the public schools of the cities, towns or school districts of this State, and after the receipt of such certificate the use of a text book so disapproved shall be discontinued in such city, town or school district."

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Page 3, strike out lines 1 to 9 down to and including the period. Page 3, line 11, strike out "Not".

Page 3, line 12, strike out "approved" and insert in italics disapproved".

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Mr. Slater moved that the Senate concur in said amendments.

The President put the question whether the Senate would concur in said amendments, and it was decided in the affirmative. The President put the question whether Senate would agree to the final passage of said bill as amended, the same having been printed and upon the desks of the members in its final form for three calendar legislative days, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

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Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate has concurred in the amendments. thereto.

The Assembly bill (No. 67, Rec. No. 332) entitled "An act to amend the Highway Law, in relation to the construction or improvements of State or county highways," having been announced for third reading, Mr. Walton moved that said bill be recommitted to the committee on internal affairs of towns, counties and public highways, with instructions to said committee to amend and report the same forthwith, to be reprinted as amended and restored to its place in the order of third reading. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Mr. Hewitt, from the committee on internal affairs of towns, counties and public highways, reported said bill amended as directed, and the same was ordered reprinted and placed on the order of third reading.

The Senate bill (No. 1591, Int. No. 397) entitled "An act creating the hydro-electric power commission of the State of New York, defining its powers and duties and making an appropriation therefor," having been announced for third reading, Mr. G. F. Thompson moved that said bill be recommitted to the committee on finance, with instructions to said committee to amend and report the same forthwith, to be reprinted as amended and restored to its place in the order of third reading.

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

Mr. Sage, from the committee on finance, reported said bill amended as directed, and the same was ordered reprinted and placed on the order of third reading.

The Senate bill (No. 1367, Int. No. 1078) entitled "An act to amend chapter four hundred and ninety-seven of the Laws of nineteen hundred and fourteen, entitled 'An act authorizing the justices of the Appellate Division of the Supreme Court in the First Department to retire employees for incapacity and providing for their compensation,' in relation to the retirement of such

employees," having been announced for third reading, Mr. Gilchrist moved that said bill be recommitted to the committee on the judiciary, with instructions to said committee to amend and report the same forthwith, to be reprinted as amended and restored to its place in the order of third reading.

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

Mr. Walters, from the committee on the judiciary, reported said bill amended as directed, and the same was ordered reprinted and placed on the order of third reading.

The Assembly bill (No. 1612, Rec. No. 393) entitled "An act to amend the County Law, in relation to the compensation of supervisors,” having been announced for third reading, Mr. Emerson moved that said bill be recommitted to the committee on internal affairs of towns, counties and public highways, with instructions to said committee to amend and report the same forthwith, to be reprinted as amended and restored to its place in the order of third reading.

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

Mr. Hewitt, from the committee on internal affairs of towns, counties and public highways, reported said bill amended as directed, and the same was ordered reprinted and placed on the order of third reading.

The Senate bill (No. 793, Int. No. 685) entitled "An act to amend the Liquor Tax Law, in relation to salaries of special deputy excise commissioners in Oneida and Queens counties," having been announced for third reading, Mr. Wicks moved that said bill be recommitted to the committee on taxation and retrenchment.

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

The Senate bill (No. 1618, Int. No. 1217) entitled "An act to amend the County Law, in relation to powers of boards of supervisors, relative to aid during the war to students in attendance at colleges of agriculture, and making an appropriation for the purposes of this act," having been announced for third reading, Mr. Walters moved that said bill be recommitted to the committee on internal affairs of towns, counties and public highways.

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

The Senate bill (No. 1060, Int. No. 883) entitled “An act to amend chapter seven hundred and sixty of the Laws of eighteen hundred and ninety-seven, entitled 'An act to revise the charter of the city of Watertown,' in relation to the compensation of assessors," having been announced for third reading, Mr. E. R. Brown moved that said bill be recommitted to the committee on affairs of cities.

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

Mr. E. R. Brown moved that the committee on finance be discharged from the consideration of Senate bill (No. 1669, Int. No. 898) entitled “An act providing for the grant to the city of Oswego of an easement in certain canal land adjacent to dam number six on the Oswego river in the city of Oswego, and the right to the use of a part of the surplus waters impounded by said dam and relative to the claims of said city against the State on account of the Barge canal construction and the rights of the State and said city as to said surplus waters," and that the said bill be amended, reprinted and recommitted to the committee on finance. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

The Assembly returned the Assembly bill (No. 1033, Senate Reprint No. 1528, Rec. No. 269) entitled "An act to amend the charter of the city of Lockport, generally," with a message that they have concurred in the amendments of the Senate thereto.

Ordered, That the Clerk return said bill to the Assembly. The Assembly returned the concurrent resolution (No. 1444, Int. No. 1126) entitled as follows: "Concurrent Resolution of the Senate and Assembly proposing an amendment to article six of the Constitution, in relation to compensation of judges of the Court of Appeals.

"Section 1. Resolved (if the Assembly concur), That section seven of article six of the Constitution be amended to read as follows:

"§ 7. The Court of Appeals is continued. It shall consist of the chief judge and associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the State.

The official terms of the chief judge and associate judges shall be fourteen years from and including the first day of January next after their election. Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have power to appoint and to remove its reporter, clerk and attendants. Whenever and as often as a majority of the judges of the Court of Appeals shall certify to the Governor that said court is unable, by reason of the accumulation of causes pending therein, to hear and dispose of the same with reasonable speed, the Governor shall designate not more than four justices of the Supreme Court to serve as associate judges of the Court of Appeals. The justices so designated shall be relieved from their duties as justices of the Supreme Court and shall serve as associate judges of the Court of Appeals until the causes undisposed of in said court are reduced to two hundred, when they shall return to the Supreme Court. The Governor may designate justices of the Supreme Court to fill vacancies. No justice shall serve as associate judge of the Court of Appeals except while holding the office of justice of the Supreme Court, and no more than seven judges shall sit in any case. The judges of the Court of Appeals, including those now in office, shall receive for their services a compensation established by law which shall not be diminished during their official terms and shall not be less than the highest compensation allowed by law to any other judicial officer in the State. A justice of the Supreme Court while serving as associate judge of the Court of Appeals shall receive the same compensation as judges of the Court of Appeals.

§ 2. 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 in conformity with section one of article fourteen of the Constitution be published for three months previous to the time of such election.'

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with a message that they have concurred in the passage of the

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Ordered, That the Clerk deliver said concurrent resolution to the Secretary of State.

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The Assembly returned the Senate bill (No. 941, Int. No. 572) entitled "An act to amend the Greater New York charter, in relation to the teachers' retirement fund of Hunter College,' with a message that they have concurred in the passage of the same. Ordered, That the Clerk transmit said bill to the mayor of the city of New York for a hearing, pursuant to the provisions of the Constitution.

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