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of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

FOR THE AFFIRMATIVE.

Alearn Cullen

Ford

Mackey Raines Ambler Davis DF Goodsell Malby Ramsperger Armstrong Davis G A Grady Marshall

Rice Boyce Donnelly Graney Martin Sherwood Brackett Douglas Higgins MoCarren Sullivan Brown

Ellsworth Humphrey Mitchell Thornton Chahoon Elsberg Johnson Munzinger Wagner Coffey Featherson Krum

Parsons Wilcox Ooggeshall Foley

La Roche Plunkitt Willis 45 Ordered, That the Clerk return said bill to ithe Assembly, with a message that the Senate have concurred in the passage of the

same.

The Assembly bill (No. 345) entitled "An act for the relief of the Young Women's Settlement in the city of New York, a membersbip corporation, organized for religious, benevolent and educational purposes” (Rec. No. 24), 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.

Ahearn Davis DF Goodsell
Ambler Davis GA Grady
Boyce Donnelly Graney
Brackett Douglas Johnson
Brown

Ellsworth La Roche
Chahoon Elsberg Mackey
Coffey Featherson Malby
Coggeshall Foley

Marshall Cullen

Ford

Martin Rice
McCarren Sherwood
Mitchell Stranahan
Munzinger Sullivan
Parsons Thornton
Plunkitt Wagner
Raines Wilcox
Ramsperger Willis

42

FOR THE NEGATIVE.

Armstrong Higgins Humphrey Krum

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

same.

The bill (No: 1186) entitled "An act to amend chapter 469 of the Laws of 1898, entitled 'An act to protect navigation in certain tide-waters within the State of New York,' relative to providing for the cost of doing the work therein required, and in other respects ” (Int. No. 903), 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 Senator's elected voting in favor thereof, and three-fifths being present, as follows:

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Wagner

Ahearn Davis DF Goodsel] Malby Ramsperger
Ambler Davis GA Grady Marshall Rice
Armstrong Donnelly Graney Martin Sherwood
Boyce Douglas Higgins

McCarren Stranahan
Brackett Ellsworth

Humphrey Mitchell Sullivan
Brown Elsberg Johnson Muuzinger Thornton
Chahoon Featherson Krum

Parsons
Coffey Foley

La Roche Plunkitt Wilcox
Coggeshall Ford Mackey Raines

Willis
Cullen

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

The bill (No. 1231) entitled "An act to amend chapter 337 of the Laws of 1887, entitled 'An act to amend chapter 178 of the Laws of 1862, entitled An act to regulate the size of apple, pear and potato barrels,' as amended by chapter 573 of the Laws of 1875" (Int. No. 538), 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:

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Ellsworth Malby

Stranahan Thornton White Humphrey

6 Ordered, That the Clerk deliver said bill to the Assembly, and l'equest their concurrence therein.

The bill (No. 1189) entitled "An act to amend chapter 218 of the Laws of 1874, entitled 'An act to amend, revise and consolidate the laws in relation to the village of Seneca Falls, in the county of Seneca ” (Int. No. 545), 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.

Ahearn Ellsworth Humphrey Plunkitt Sullivan
Ambler
Elsberg

Johnson Raines Thorntom
Chahoon Featherson Malby Ramsperger White
Coffey Ford

Marshall Sherwood Wilcox Davis DF Goodsell Munzinger Stranahan Willis Davis G A Higgins Parsons

28

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

The “Concurrent resolution of the Senate and Assembly proposing an amendment to section 2 of article of the Constitution, relating to temporary designations by the Governor of justices to the appellate division” (No. 1213, Int. No. 919), having been anounced for a third reading, in the words following:

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 temporary desig. nations by the governor, of justices to the appellate division; and which resolution was 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, such resolutions have been duly published in accord

ance with law and the constitution and referred to this legisla. ture for action; therefore

Section 1. Resolved (if the assembly concur), that section two of article six of the constitution be amended so as to read as follows :

§ 2. The legislature shall divide the state into four judicial departments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the legislature may alter the judicial departments, but without increasing the number thereof. There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each. department; and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designations. A majority of the justices so designated to sit in the appellate division in each depart: ment shall be residents of the department. He may also make temporary designations in case of the absence or inability to act of any justice in the appellate division, or in case the presiding justice of any appellate division shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it. Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the sev: eral departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No justice of the appellate division shall exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division or to the hearing and decision of motions submitted by consent of counsel. From and after the last day of December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the

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city of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. It shall have power to appoint and remove a reporter. The justices of the appellate division in each department shall have power to fix the times and places for holding special and trial terms therein, and to assign the justices in the departments to hold such terms; or to make rules therefor.

§ 2. Résolved (if the assembly concur), that the foregoing amendment be referred to the legislature to be chosen at the next general election of senators, and that in conformity to section one, article fourteen of the constitution, it be published three months previous to the time of such election.

Mr. Donnelly moved said bill be recommitted to the committee op the judiciary, with instructions to said committee to report the same forth with amended as follows:

Page 4, strike out all of section 2 and insert the following: “$2. Resolved (if the Assembly concur), That the foregoing amendment be submitted to the people for approval at the next general election in accordance with the provisions of the election law."

The President put the question whether the Senate wonld agree to said motion, 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. Wilcox moved a call of the Senate.

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

By direction of the President, the Clerk called the roll, when the following members responded:

Wagner

Ahearn Cullen Graney Martin Rice Ambler Davis GA Higgins MoCarren Sherwood Armstrong Donnelly Humphrey Mitchell Stranahan Boyce Douglas Johnson Munzinger Sullivan Brackett Ellsworth Krum

Parsons Thornton Brown Elsberg

La Roche Plunkitt
Chahoon Featherson Mackey Raines White
Coffey Foley Malby Ramsperger Wilcox
Coggeshall Grady Marshall

43 Mr. Wilcox moved that all further proceedings under the call of the Senate be suspended.

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

Mr. Marshall offered the following:
Resolved, That pursuant to notice heretofore given, rules 1,

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