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On motion of Mr. Ambler, and by unanimous consent, it was ordered that said bill be reprinted and recommitted to the committee on agriculture.

Mr. Brackett, from the committee on the judiciary, to which was referred the Assembly bill introduced by Mr. Fallows, Rec. 357, entitled "An act to authorize the Court of Claims to hear and audit the alleged claim of certain auctioneers, and to make awards thereon " (No. 429), reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Brackett, from the committee on the judiciary, to which was referred the Assembly bill introduced by Mr. Egan, Rec. No. 306, entitled "An act to amend the Labor Law, relating to safety appliances for scaffolding for the use of employes" (No. 1434), reported in favor of the passage of the same, with some amendments, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Brackett, from the committee on the judiciary, to which was referred the Assembly bill introduced by Mr. Hutton, Rec. No. 363, entitled "An act conferring jurisdiction upon the Court. of Claims to hear, audit and determine the claim of The E. G. Bernard Company against the State, and to make an award therefor" (No. 692), reported in favor of the passage of the same, with some amendments, and the title amended so as to read : "An act to confer jurisdiction upon the Court of Claims to hear, audit and determine the alleged claim of The E. G. Bernard Company against the state for damages alleged to have been sustained by them, and to render judgment therefor," which report was agreed to, and said bill committed to the committee of the whole.

Mr. Brackett, from the committee on the judiciary, to which was referred the Assembly bill introduced by Mr. Fallows, Rec. No. 225, entitled "An act to amend chapter 723 of the Laws of 1895, entitled 'An act in relation to religious corporations, constituting chapter 42 of the general laws" (No. 1352), reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Brackett, from the committee on the judiciary, to which

was referred the bill introduced by Mr. Douglas, Int. No. 489, entitled "An act conferring jurisdiction upon the Court of Claims to hear, audit and determine the alleged claim of Banks and Brothers against the State of New York, for law books furnished to the said State, and to render judgment therefor" (No. 1134), reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Coggeshall, Int. No. 858, entitled "An act to amend chapter 273 of the Laws of 1866, entitled 'An act authorizing the incorporation of associations to erect monuments to perpetuate the memory of soldiers who fell in the defense of the Union as amended and supplemented by chapter 35 of the Laws of 1875 and chapter 136 of the Laws of 1877 and chapter 299 of the Laws of 1898" (No. 1074), reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Coggeshall, and by unanimous consent, the rules were suspended and said bill ordered to a third reading.

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Ford, Int. No. 741, entitled "An act to enable Philip Bloch to take the examination of the State board of law examiners for admission as attorney and counselor aɩ law" (No. 854), reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Brackett offered the following:

Resolved, That the committee on finance be discharged from the further consideration of Assembly bill No. 1317, entitled “An act to reappropriate moneys appropriated by chapter 570 of the Laws of 1897, and by chapter 619 of the Laws of 1898 for the repairs of approaches and for the construction of a swing bridge in the town of Waterford" (Rec. No. 293), and that the same be ordered to a third reading.

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

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Norton, Int. No. 807, entitled “An act conferring jurisdiction upon and authorizing the Court of Claims to hear, audit and determine the claim of John B. Woodruff against the State of New York and make an award

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therefor" (No. 972), reported in favor of the passage of the same, with some amendments, and the title amended so as to read "An act to confer jurisdiction upon the court of claims to hear, audit and determine the alleged claim of John B. Woodruff against the state for damages alleged to have been sustained by him, and to render judgment therefor," which report was agreed to, and said bill committed to the committee of the whole.

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Ford, Int. No. 876, entitled "An act to amend section 2 of chapter 560 of the Laws of 1853, entitled 'An act to incorporate the trustees of the fund for aged and infirm clergymen of the Protestant Episcopal Church in the diocese of New York,' passed July 18, 1853, as amended by chapter 15 of the Laws of 1887, passed February 16, 1887" (No. 1113), reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Chahoon, Int. No. 891, entitled "An act to legalize, ratify and confirm the official acts of Alburn P. Richardson as justice of the peace of the town of Chesterfield, Essex county, New York" (No. 1140), reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Coggeshall, Int. No. 814, entitled "An act to provide for the incorporation of the Salvation Army" (No. 979), reported in favor of the passage of the same, with some amendments, which report was agreed to, and said bill restored to its place on the order of third reading.

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Parsons, Int. No. 776, entitled “An act releasing the interest of the State of New York in lands located in the town of Perinton, Monroe county, New York, to Fletcher A. Defendorf of Fairport, New York" (No. 915), reported in favor of the passage of the same, which report was agreed to. On motion of Mr. Parsons, and by unanimous consent, the rules were suspended and said bill ordered to a third reading.

Mr. Brackett, from the committee on the judiciary, to which was

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referred the bill introduced by Mr. Brackett, Int. No. 921, entitled "An act authorizing the directors of the Port Henry Iron Ore Company of Lake Champlain, to execute and file and have recorded a certificate or certificates of extension of the time of the corporate existence of said company" (No. 1215), reported in favor of the passage of the same, which report was agreed to, and said bill restored to its place on the order of third reading.

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Raines, Int. No. 608, entitled "An act to amend chapter 909 of the Laws of 1896, entitled 'An act in relation to the elections, constituting chapter 6 of the general laws,' and the several acts amendatory thereof " (No. 676), reported in favor of the passage of the same (Messrs. Grady, Mitchell, McCarren and Mackey, dissenting), which report was agreed to, and said bill committed to the committee of the whole. Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. White, Int. No. 887, entitled "An act to amend subdivision 7 of section 2 of chapter 179 of the Laws of 1898, entitled 'An act in relation to enrollment for political parties, primary elections, conventions and political committees,' relative to the preparation of enrollment books by the custodian of primary records " (No. 1144), reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Ellsworth, Int. No. 894, entitled "An act to amend the Poor Law, in relation to relief of soldiers by Grand Army posts" (No. 1143), reported in favor of the passage of the same, which report was agreed to, and said bill restored to its place on order of third reading.

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Stranahan, Int. No. 866, entitled “An act to amend chapter 676 of the Laws of 1898, entitled 'An act to create a metropolitan elections district; provide for the appointment of a State superintendent therein, and to prescribe his powers and duties'" (No. 1092), reported in favor of the passage of the same (Senators Grady, Mitchell, McCarren and [SENATE JOURNAL.]

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Mackey dissenting), which report was agreed to, and said bill committed to the committee of the whole.

Mr. Brackett, from the committee on the judiciary, to which was referred the Assembly bill introduced by Mr. Costello, Rec. No. 350, entitled "An act to amend the Labor Law, relating to the duties of the factory inspector and the enforcement of the provisions of such law" (No. 1615), reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Ellsworth, and by unanimous consent, the rules were suspended and said bill ordered to a third reading.

Mr. Brackett, from the committee on the judiciary, to which was referred the concurrent resolution introduced by Mr. Brown, Int. No. 294, reported in favor of the passage of the same in the following words:

Concurrent resolution of the senate and assembly, proposing an amendment to article six, section seven of the constitution, relating to the court of appeals.

Whereas, the legislature at its regular session in eighteen hundred and ninety-eight duly adopted resolutions providing for an amendment to the constitution relating to the court of ap peals, and which resolutions were referred to the legislature. to be chosen at the next general election of senators, and directed to be published in accordance with section one of article fourteen of the constitution; and

Whereas, said resolutions have been duly published in accordance with law and the constitution, and referred to this legislature for action; therefore,

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

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