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

Mr. Marshall moved that the committee of the whole be discharged from the consideration of Senate bill (No. 1605, Int. No. 1199) entitled “An act making an appropriation for the payment of the State's portion of the expense of acquiring a site and constructing a public market in the city of Ogdensburg, pursuant to the Farms and Markets Law."

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

On motion of Mr. Marshall, and by unanimous consent, the rules were suspended and said bill ordered to a third reading. Said bill was read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, 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:

FOR THE AFFIRMATIVE

PETEL

Hewitt
Hill
Knight
Koenig
Lawson
Lockwood
Marshall
Mullan

Nicoll
Ottinger
Ramsperger
Robinson
Sage
Sheridan
Slater
Stivers

Murphy
Newton

Argetsinger
Boylan
Brown A P
Brown E R
Burlingame
Carroll
Carson
Cotillo
Cromwell
Cullen

Dowling
Downing
Dunnigan
Emerson
Farrenkopf
Foley

Fowler

Gibbs
Gilchrist
Graves

Towner
Wagner
Walker
Walters
Walton
Wellington
Whitney
Wicks
Thompson G F Yelverton
Thompson G L

49

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

The Assembly returned the concurrent resolution by Mr. E. R. Brown relative to the special joint committee to investigate the subject of municipal ownership of public utilities and making an appropriation for its expenses with a message that they have concurred in the adoption of the same, amended to read as follows:

Resolved (if the Assembly concur), That a special legislative committee on municipal ownership consisting of an equal number of Senators, appointed by the President Pro-tem. of the Senate and the Speaker of the Assembly, be appointed to investigate the

subject of municipal ownership of public utilities generally with reference to recommending to the Legislature a definite policy to be adopted in relation to such bill by the State.

Such committee shall make its report to the Legislature on or before the first day of February, 1919; and be it further

Resolved, That such committee is authorized to sit within and without the city of Albany, to subpoena and compel the attendance of witnesses, including public officers and employees and to require the production of books and papers including any public. record or document pertaining to the subject of investigation, to take and hear proofs and testimony and have all the powers of a legislative committee as provided by the Legislative Law, including the adoption of rules for the conduct of its proceedings. Such committee may employ a secretary, counsel and such other assistants as may be necessary for the conduct of its investigation; and it is further

Resolved, That the sum of five thousand dollars ($5,000), or so much thereof as may be necessary, shall be paid from the funds appropriated for the contingent expenses of the Legislature, upon the certificate of the chairman of such committee, for the expenses of such committee and its investigation.

On motion of Mr. Brown, it was ordered that said resolution be returned to the Assembly without action.

Mr. E. R. Brown presented a communication relative to the financial condition of the cities of the State, which was ordered printed. (See Document.)

""

The Assembly returned the Assembly bill (No. 453, Senate Reprint No. 1205, Assembly Reprint No. 1689, Rec. No. 72) entitled "An act to amend chapter two hundred and seventeen of the Laws of nineteen hundred and fourteen, entitled 'An act to provide a charter for the city of Buffalo,' in relation to taxation, with a message that said bill had been transmitted to the mayor of the city of Buffalo for a hearing, and has been returned by said mayor with a message that the same was not accepted, and that said bill had been again duly passed by the Assembly as amended.

The vote upon the final passage of the said bill having been reconsidered, on motion of Mr. Zimmerman, said bill was recommitted to the committee on affairs of cities with instructions to report the same forthwith, amended as follows:

Page 2, line 8, strike out "fifteen " and insert "first".

Said bill, as amended, was read the third time and passed, having been printed and upon the desks of the members in its final form at least three calendar legislative days priod to its final passage.

Argetsinger
Boylan
Brown A P
Brown E R

Burlingame

Carroll

Carson

Cotillo
Cromwell

Cullen

Clerk.

Mr. Gibbs moved to reconsider the vote by which said bill was passed.

The President put the question whether the Senate would agree to reconsider the vote by which said bill was passed, 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:

Argetsinger
Boylan

Brown A P
Brown ER
Burlingame

Carroll

Carson

Cotillo

Cromwell

Cullen

Dowling
Downing
Dunnigan
Emerson
Farrenkopf

Foley

Fowler

Gibbs

Gilchrist
Graves

By order,

Foley

Fowler

Gibbs
Gilchrist
Graves

FRED W. HAMMOND,

FOR THE AFFIRMATIVE

Hewitt

Hill

Knight

Koenig

Lawson

Dowling
Downing
Dunnigan
Emerson

Farrenkopf

Lockwood

Marshall

Mullan

Murphy

Newton

Said Assembly bill, as amended, was read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, 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:

FOR THE AFFIRMATIVE

Hewitt

Hill

Knight

Koenig

Lawson

Lockwood

Marshall

Nicoll

Ottinger
Ramsperger
Robinson

Mullan

Murphy
Newton

Sage
Sheridan

Slater

Stivers
Thompson G F Yelverton
Thompson G L

180

Towner
Wagner

Walker

Walters

Walton

Nicoll
Ottinger

Ramsperger
Robinson

Wellington

Whitney
Wicks

Towner
Wagner

Walker

Walters

Walton

Sage
Sheridan

Slater

Stivers
Thompson G F Yelverton
Thompson G L

49

Wellington

Whitney
Wicks

49

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate has concurred in the passage of the same, as amended.

[SENATE JOURNAL]

The Assembly bill (No. 1730, Rec. No. 499) entitled "An act to amend the Tax Law, in relation to a franchise tax on manufacturing and mercantile corporations," was read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, the necessity for the immediate passage of the same having been certified by the Governor 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:

Argetsinger
Boylan

Brown A P

Brown ER
Burlingame

Carroll

Carson

Cotillo
Cromwell

Cullen

FOR THE AFFIRMATIVE

Hewitt

Hill
Knight

Koenig

Lawson

Lockwood

Marshall

Mullan

Murphy
Newton

Dowling
Downing
Dunnigan
Emerson
Farrenkopf
Foley

Fowler

Gibbs
Gilchrist

Graves

Nicoll
Ottinger
Ramsperger

Robinson

Towner
Wagner

Walker

Walters

Walton

Sage
Sheridan

Wellington

Slater

Whitney
Stivers
Wicks
Thompson G FYelverton
Thompson G L

49

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate has concurred in the passage of the

same.

The Assembly returned the bill (No. 1164, Assembly Reprint No. 1731, Int. No. 470) entitled "An act to amend the Penal Law, in relation to wearing industry badges by unauthorized persons," with a message that they have concurred in the passage of the same, with the following amendments:

Page 2, line 2, after the period insert in italics "Such employer shall deposit with the Industrial Commission a replica of such badge or insignia, and such commission shall, if such badge or insignia be distinctive, issue to such employer a certificate authorizing the use thereof for the purposes of this section."

66

Before adoption" insert in italics "approval and”.

Mr. Nicoll 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. Said bill as amended was read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, the necessity for the immediate passage of the same having been certified by the Governor, 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:

Argetsinger
Boylan

Brown A P

Brown ER

Burlingame

Carroll

Carson

Cotillo
Cromwell

Cullen

[blocks in formation]

Gilchrist

Graves

Lockwood

Marshall

Mullan

Murphy
Newton

Nicoll

Ottinger
Ramsperger
Robinson

Sage
Sheridan

Slater

Stivers

Towner
Wagner

Walker

Walters

Walton
Wellington
Whitney
Wicks

Thompson G F Yelverton
Thompson G L

49

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

The Assembly returned the concurrent resolution relative to the appropriations of the special committee on municipal ownership of public utilities, with a message that they have concurred in the passage of the same without amendment.

The Assembly returned the concurrent resolution relative to the printing of the city local option bill.

Also, the concurrent resolution relative to the printing of extra copies of the 1918 Legislative Manual, with a message that they have concurred in the passage of the same.

The Assembly returned the Senate bill (No. 1463, Int. No. 1137) entitled "An act to amend the Inferior Criminal Courts Act of the City of New York in reference to the domestic relations courts," 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.

The Assembly returned the Senate bill (No. 1108, Int. No. 917) entitled "An act to amend the Penal Law, in relation to the destruction of dangerous weapons unlawfully carried, or the lawful use thereof in the police department of the city of New York," 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.

The Assembly returned the Senate bill (No. 1462, Int. No.

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