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Mr. Coggeshall offered the following:

Resolved, That Senate bill No. 1074, 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 1888'" (Int. No. 858), be recommitted to the committee on the judiciary, with instructions to report the same forth with amended as follows:

Page 2, line 2, after the words “ seventy-five" insert a comma and the words “chapter one hundred and thirty-six of the laws of tighteen hundred."

Same page, line 4, insert a comma after the words “ eightytight.”

Amend the title so as to read as follows:

"An act to amend chapter two hundred and seventy-three of the laws of eighteen hundred and sixty-six, 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 thirty-five of the laws of eighteen hundred and seventy-five, chapter one hundred and thirty-six of the laws of eighteen hundred and seventy-seven and chapter two hundred and ninety-nine of the laws of eighteen hundred and eighty-eight."

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

Mr. Ellsworth offered the following:

Resolved, That the committee of the whole be discharged from the further consideration of Senate bill No. 1053, entitled “An act to provide for the gaging of streams in the State of New York, and directing the State Engineer and Surveyor to report the results of said gagings to the Legislature” (Int. No. 848), 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. D. F. Davis offered the following:

Resolved, That the committee of the whole be discharged from the further consideration of Senate bill No. 827, entitled "An act to amend section 1531 of chapter 1004 of the Laws of 1897, entitled

'An act to amend chapter 410 of the Laws of 1882, entitled An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York,' relating to the court of general sessions and its judges and officers” (Int. No. 720), and that said bill be recommitted to the committee on affairs of cities, with instructions to said committee to report the same forthwith amended as follows:

Add at the end of section 1:

" 2. Each of the interpreters of the county court of Kings county shall receive an annual salary of fifteen hundred dollars.

§ 3. This act shall take effect immediately."

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

Mr. Stranahan, from the committee on affairs of cities, reported said bill amended as directed, and the same was ordered reprinted and recommitted to the committee of the whole.

Mr. Brackett offered the following:

Resolved, That Senate bill No. 545, entitled "An act to amend chapter 414 of the Laws of 1897, entitled: "An act in relation to villages, constituting chapter 21 of the general laws, in relation to requisite population necessary to incorporation" (Int. No. 502), be recommitted to the committee on affairs of villages.

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

Mr. Grady offered the following:

Resolved, that the committee of the whole be discharged from the further consideration of Senate bill No. 568, entitled “An act to amend sections 2 and 10 of chapter 102 of the Laws of 1893, entitled 'An act to lay out, establish and regulate a public driveway in the city of New York'" (Int. No. 519), and that said bill be recommitted to the committee on affairs of cities, with instructions to said committee to report the same forthwith amended as follows, and that the same be ordered to a third reading:

Page 3, after the word “thereof” add the following words: Provided, however, that nothing herein contained shall in any proceeding for the taking and condemnation of lands adjacent to said driveway, be held or construed to diminish the value of said landis by reason of the restrictions upon the use of said driveway or otherwise as to such proceedings than if the said driveway were an open public street.

§ 2. This act shall take effect immediately."

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

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

The Assembly returned the bill (No. 249) entitled "An act to amend chapter 565 of the Laws of 1895, entitled 'An act to incorporate the city of Little Falls,' and the acts amendatory thereof " (Int. No. 1085), with a message that they had reconsidered the vote by which said bill was passed, and had concurred in the passage of said bill as amended.

Ordered, That the Clerk transmit said bill to the mayor of the city of Little Falls for a hearing, pursuant to the provisions of the Constitution.

The Assembly returned the Assembly bill (No. 906, Senate reprint, No. 1082) entitled 'An act making an appropriation for support of government'" (Rec. No. 128), with a message that they have nonconcurred in the amendments of the Senate thereto, and request that a committee of conference be appointed thereon.

Mr. Higgins moved that a committee of conference be appointed.

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

The President appointed Messrs. Higgins, Brown and Douglas as such committee.

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have appointed a committee of conference thereon.

The Assembly returned the Assembly bill (No. 1076, Senate reprint No. 1127) entitled “ An act to regulate the laying and using of street surface railroad tracks upon Amsterdam avenue, in the city of New York, for the greater safety of the lives and limbs of the citizens of said city” (Rec. No. 218), with a message that they have nonconcurred in the amendments of the Senate thereto, and request the appointment of a committee of conference thereon.

The President appointed as such committee Messrs. Raines, Stranahan and Coffey.

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have appointed a committee of conference thereon.

The Assembly returned the Assembly bill (No. 505, Senate reprint No. 1032) entitled " An act to amend the Highway Law, and the act amendatory thereof, relative to commutations of labor on highways" (Rec. No. 26), with a message that they have nonconcurred in the amendments of the Senate thereto, and request the appointment of a committee of conference thereon.

Mr. Raines moved that a committee of conference be appointed on the part of the Senate.

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

The President appointed as such committee Messrs. Raines, Thornton and Boyce.

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have appointed a committee of conference thereon.

A message from the Assembly was received in the words fol. lowing:

IN ASSEMBLY, March 28, 1899. Pursuant to concurrent resolution of the Senate and Assembly, the Governor returned the Assembly bill (No. 1807) entitled “An act to amend chapter 253 of the Laws of 1887 relative to the investment of the trust funds of the Buffalo city cemetery” (Rec. No. 295)

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

Page 1, line 2, make the words “eighty-five” read “ eighty

seven.

Make the words “ eighty-five” in title read “ eighty-seven.”

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 prior to its final passage.

By order,
A. E. BAXTER,

Clerk.

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

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

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FOR THE AFFIRMATIVE.

Ahearn Davis G A Grady Marshall
Ambler
Donnelly Graney

Martin
Armstrong Douglas Havens McCarren
Brackett Ellsworth Higgins Mitchell
Brown Elsberg Humphrey Munzinger
Chahoon Featherson Johnson i Norton
Coffey
Feeter
Krum

Parsons
Coggeshall Foley

La Roche Plunkitt
Cullen Ford

Mackey Raines
Davis D F Goodsell Malby

Ramsperger Rice Sherwood Stranahan Sullivan Thornton Wagner Wilcox Willis

48

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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.

Ahearn Davis G A Grady Marshall
Ambler Donnelly Graney Martin
Armstrong Douglas Havens McCarren
Brackett Ellsworth Higgins Mitchell
Brown Elsberg Humphrey Munzinger
Chahoon Featherson Johnson Norton
Coffey
Feeter
Krum

Parsons
Coggeshall Foley

La Roche Plunkitt
Cullen Ford

Mackey Raines
Davis DF Goodsell Malby

Ramsperger Rice Sherwood Stranahan Sullivan Thornton Wagner Wilcox Willis

48

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

same.

The Assembly returned the following entitled bill:

An act to exempt the real estate of the New York Magdalen Benevolent Society from taxation, assessments and water rates (No. 1096, Int. No. 276), with a message that they have reconsidered the vote by which said bill was passed and had concurred in the passage of the same, as amended. Ordered, That the Clerk deliver said bill to the Governor.

[SINATE JOURNAL.) 137

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