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JOURNAL OF THE SENATE.

EXTRAORDINARY SESSION.

STATE OF NEW YORK, SENATE CHAMBER.

MONDAY EVENING, APRIL 25, 1892.

Prayer by Rev. Richmond Shreve.

Pursuant to the following proclamation of the Governor, the Senate convened in the Senate chamber and was called to order by the President.

PROCLAMATION.

STATE OF NEW YORK.
EXECUTIVE CHAMBER,

Pursuant to the power vested in me by section 4 of article 4 of the Constitution, I hereby convene the Legislature in extraordinary session at the Capitol in the city of Albany on the 25th day of April, at 8.30 o'clock in the evening.

Done at the Capitol, in the city of Albany, this 21st day of
April, in the year of our Lord 1892.

By the Governor :

ROSWELL P. FLOWER.

T. S. WILLIAMS, Private Secretary.

Mr. Cantor offered the following:

Resolved, That the employes of the last regular session be continued in their several positions for this extraordinary session.

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

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Mr. Brown offered the following:

Resolved, That a committee of two be appointed to wait upon the Governor, and inform him that the Senate is convened and ready to proceed to business.

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

The President appointed as such committee Messrs. Brown and Smith.

Mr. Parker offered the following:

Resolved, That a committee of two be appointed to wait upon the Assembly, and inform that body that the Senate is convened and ready to proceed to business.

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

The President appointed as such committee Messrs. Parker and O'Connor.

Messrs. Parker and O'Connor, the committee appointed to wait upon the Assembly and inform that body that the Senate was organized and ready to proceeded to business, returned and reported that they had performed that duty.

Messrs. Brown and Smith, the committee appointed to wait upon the Governor and inform him that the Senate was organized and ready to proceed to business, returned and reported that they had performed that duty.

Messrs. Webster and Husted, a committee from the Assembly, appeared and informed the Senate that the Assembly had convened and was ready to proceed with business.

A message from the Governor, by the hands of his private secretary, was received and read, in the words following:

STATE OF NEW YORK EXECUTIVE CHAMBER,
ALBANY, April 25, 1892.

To the Legislature:
You have been convened in extraordinary session pursuant to the
power vested in me by article 4, section 4 of the Constitution.

I recommend for your consideration the subject of a reapportionment of members of Assembly among the several counties of the State and an alteration of Senate districts, in conformity with the provisions of the Constitution.

The organic law of the State, recognizing the right of the people to fair representation in the Legislature, provides for an enumeration of the inhabitants at the end of every ten years, and directs that a reapportionment of Senate and Assembly districts shall be made "at the first session after the return of every enumeration." Such an enumeration, although neglected in defiance of constitutional obligation for seven years, has at last been taken, and the

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return thereof was made to the Legislature at its recent session. It is now the duty of the law-making power to apportion members of Assembly among the counties in proportion to the number of their respective inhabitants, excluding aliens, and to so alter the existing Senate districts that each will contain as nearly as may be an equal DATE T number of inhabitants.

The performance of that duty in a manner satisfactory to the people of the State, is not without difficulty, but personal and political considerations should be subordinated as much as possible to the purpose of securing for each locality its fair proportion of representation. The task is rendered the more difficult by reason of the fact that the existing apportionment was not only unfair at the time of its enactment, but has become more and more unfair with the changes of population. Under a fair division of members of Assembly, therefore, some counties must make sacrifices and suffer a reduction in their representation. But such sacrifices should be made willingly, and I trust the Legislature will approach its task with a conciliatory disposition, determined to discharge its duty impartially and to heed the demand of the people for a fairer system of legislative representation. ROSWELL P. FLOWER.

Mr. Cantor moved that the Senate take a recess until 11 P. M. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, as follows:

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Mr. Cantor introduced a bill entitled "An act to organize the Senate districts and for the apportionment of the members of Assembly of this State" (Int. No. 1), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Cantor, said bill was ordered printed.

Mr. Cantor moved that the Senate adjourn until 11 A. M. Tuesday. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Whereupon, the Senate adjourned.

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TUESDAY, APRIL 26, 1892.

The Senate met pursuant to adjournment.

Prayer by Rev. Isaac Newton Phelps.

Mr. Cantor moved that Senate bill No. 1 be placed on the order of third reading.

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

Mr. Erwin offered the following:

Resolved, That the undersigned hereby protest against the consideration of any bill at this time, or so-called session, altering the present Senatorial districts or making an apportionment of Assembly districts for the State, based upon the enumeration of the inhabitants of the State made in 1892, and while the Legislature of that year was in session, and after the session of 1892 had convened on the first Tuesday of January in said year; that this bill, so-called apportionment bill, can not be lawfully considered and passed at this time or at this so-called session, for the reason that this is not the first session of the Legislature after the return of the enumeration above mentioned within the meaning of the Constitution, and is not the first session after any enumeration made by or under the direction of the Legislature; that no apportionment of Assembly and Senatorial districts can be lawfully made prior to the session of the Legislature provided by the Constitution and laws for the year 1893.

Charles T. Saxton, twenty-eighth district; Edmund O'Connor, twenty-fourth district; H. J. Coggeshall, twenty-second district; Harvey J. Donaldson, eighteenth district; W. P. Richardson, thirteenth district; C. R. Parsons, twenty-ninth district; Joseph Aspinall, third district; Geo. Z. Erwin, twentieth district; Thos. Hunter, twenty-sixth district; J. Mullin, twenty-first district; L. W. Emerson, nineteenth district; G. S. Van Gorder, thirtieth district; John E. Smith, twenty-third district; John H. Derby, sixteenth district.

The President put the question whether the Senate would agree to said resolution, and it was decided in the negative, as follows:

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Ahearn

Endres

McCarren Nichols

Bloodgood

Floyd-Jones McClelland

Osborne

Brown

Hagan

McMahon

Parker

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The privileges of the floor were extended to Hon. A. T. Dow.

The bill (No. 1) entitled "An act to organize the Senate districts and for the apportionment of the members of Assembly of this State" (Int. No. 1), having been announced for a third reading,

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