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of fire commissioners in and for the city of Schenectady" (No. 738), reported in favor of the passage of the same with some amendments, which report was agreed to.

Mr. Brackett moved that said bill be substituted for Senate bill No. 428, Int. No. 410, of the same title, now on the order of third reading

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

Mr. Brown, from the committee on forest, fish and game laws, to which was referred the Assembly bill, introduced by Mr. Babcock, Rec. No. 190, entitled "An act to amend the Fisheries, Game and Forest Law, in relation to taking of bass in certain waters in Franklin and St. Lawrence counties" (No. 582), reported in favor of the passage of the same, which report was agreed to.

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

Mr. Brown, from the committee on forest, fish and game laws, to which was referred the bill introduced by Mr. White, Int. No. 925, entitled "An act to amend the Fisheries, Game and Forest Law in relation to taking deleterious fish from public waters" (No. 1236) 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. Stranahan, from the committee on affairs of cities, to which was referred the Assembly bill introduced by Mr. Doughty, Rec. No. 387, entitled "An act to amend the Greater New York charter, abolishing the office of county treasurer in the county of Queens" (No. 1565), 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. Stranahan, from the committee on affairs of cities, to which was referred the bill introduced by Mr. Mackey, Int. No. 875, entitled "An act to amend subdivision 7 of section 17 of chapter 105 of the Laws of 1891, entitled 'An act to revise the charter of the city of Buffalo relating to licensing stationary engineers'" (No. 1112), reported in favor of the passage of the same, with some amendments, which report was agreed to.

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

[SENATE JOURNAL.]

154

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999

Mr. Stranahan, from the committee on affairs of cities, to which was referred the bill introduced by Mr. G. A. Davis, Int. No. 912, entitled “An act to amend chapter 105 of the Laws of 1891, entitled 'An act to revise the charter of the city of Buffalo' (No. 1199), 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. Stranahan, from the committee on affairs of cities, to which was referred the Assembly bill introduced by Mr. Burnett, Rec. No. 348, entitled "An act to amend chapter 360 of the Laws of 1897, entitled 'An act to incorporate the city of Geneva,' and the acts amendatory thereof, generally" (No. 1530,) 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. Raines, from a committee on conference, submitted the following report:

To the Legislature:

The undersigned, appointed by the Senate and Assembly, as a committee on conference relative to the matters of difference arising between the two Houses upon the bill 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," which said bill was introduced by Mr. Fallows, and is Assembly bill No. 1075, and Senate bill No. 1127, report that they have duly conferred upon said matters, and agreed to recommend as follows:

That said bill be amended as follows:

Section 2, page 2, lines 5 and 6, strike out the words "at the time of the passage of this act."

""

Same section, line 6, strike out the word "existing.'

Same section, line 10, after the word "rails," at end of line, insert the words " or use the tracks."

Section 4, page 2, beginning with the word "the" in line 17, strike out all of said section 4, page 2, and the portion of the word "moval" line 1, page 3, before the word "nothing," and insert in lieu thereof the following:

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"If any controversy arises as to the respective rights, if any, of the Ninth Avenue Railroad Company, or its lessee, and of the Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company to the use of the said portion of Amsterdam avenue for railroad purposes, or to locate within or to use the tracks of the other company, it shall be determined by the supreme court, in an action to be brought by either of said companies, with the right of appeal to the appellate division and to the court of appeals; and the court shall determine whether it is practicable and for the public

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good that both companies shall use the same tracks, and, if so, on what terms, the compensation to be fixed and determined by a jury in said action. If it appears impracticable for both railroad companies to use the same tracks, the court shall determine, with like right of appeal, which company shall have the exclusive use of that portion of the avenue and the compensation to be paid by it to the other railroad company on account of its exclusion therefrom, such compensation to be fixed by a jury, or by not less than three commissioners to be appointed by the supreme court."

JOHN RAINES,
N. N. STRANAHAN,
M. J. COFFEY,

Senate committee.

LOUIS BEDELL,
DELOS AXTELL,
T. M. COSTELLO,
JAMES T. ROGERS,
P. F. TRAINOR,
Assembly committee.

Mr. Ford moved that the vote by which said bill was passed be reconsidered.

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:

Ahearn
Ambler

Grady
Graney
Havens

Higgins

Humphrey Munzinger

Brown

Johnson

Norton

Chahoon

Krum

Parsons

Foley

Plunkitt

Coffey
Coggeshall Ford
Cullen

La Roche
Mackey
Malby

Raines

48

On motion of Mr. Ford, and by unanimous consent, said bill was amended in accordance with the report of the conference committee, and ordered reprinted and restored to its place on the order of third reading.

FOR THE AFFIRMATIVE.

Boyce

Brackett

Davis D F
Davis G A

Armstrong Donnelly

Douglas

Ellsworth

Elsberg

Featherson

Goodsell

Marshall

Martin

McCarren

Mitchell

Ramsperger

Rice

Sherwood

Stranahan

Sullivan

Thornton

Wagner

Wilcox

Willis

Mr. Raines moved to take from the table the motion offered by him that the report of the committee of the whole upon the bill (No. 901) entitled "An act to amend section 59a of the Railroad Law, relative to extension of street surface railroads" (Int. No. 381), be disagreed with.

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

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Ahearn Ambler

Brackett

Brown

Coffey

Donnelly
Douglas

Brown

Ellsworth Krum

Coffey

Elsberg

Mackey

Davis G A Featherson

Johnson

La Roche
Martin

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FOR THE NEGATIVE.

Foley

Mitchell

Rice

Sherwood

Humphrey Norton
Plunkitt
Ramsperger Wagner

Thornton

Johnson

Armstrong Davis G A Higgins
Boyce Foley
Chahoon Ford
Coggeshall Grady
Davis D F Havens

McCarren Raines
Munzinger Wilcox
Parsons
Willis

Mr. Brown moved that the vote last taken be reconsidered. Mr. Raines moved that said motion be laid upon the table. The President put the question whether the Senate would agree to said motion to lay upon the table, and it was decided in the affirmative, as follows:

FOR THE AFFIRMATIVE.

La Roche

Malby
Martin

McCarren

Munzinger
Norton
Parsons

FOR THE NEGATIVE.

Donnelly

Goodsell Marshall

Douglas Humphrey Mitchell
Ellsworth Krum

Featherson Mackey

Raines
Sullivan

Wilcox

Willis

16

Plunkitt Wagner
Ramsperger White

22

Rice

Stranahan

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21

Mr. Raines moved to take from the table the motion offered by him that the report of the committee of the whole on Senate bill No. 900, entitled "An act to amend subdivision 10 of section 4 of the Railroad Law, relative to mortgages of railroad corporations (Int. No. 378), be disagreed with.

""

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

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Mr. Kaines moved that the amendments made by the committee of the whole be stricken from said bill and, that said bill be restored to its original form, and placed on the order of third reading.

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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Cullen

Ellsworth Krum

Donnelly Featherson Mitchell

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Brackett

Rice

Coffey

Thornton 10

The Senate resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bills entitled as follows:

(1) “An act to amend the Legislative Law, relative to the enactment and publication of laws, for the purpose of providing a uniform system for the enactment of private and local legislation.' (No. 655, Int. No. 236.)

""

(2) "An act to incorporate the Civil Service Reform Association of the city of New York." (No. 717, Int. No. 634.)

(3) "An act to provide for the construction of storage reservoirs within the boundaries of the forest preserve to equalize the flow of water from the Adirondack stream, and to provide for the maintentenance and control of said reservoirs." (No. 999, Int. No. 542.)

(4) "An act to amend chapter 136 of the Laws of 1898, relating to preferences among civil actions." (No. 1106, Int. No. 702.)

(5) "An act to amend the Railroad Law, in relation to the protection of certain employes of street railroads." (No. 1105, Int. No. 483.)

(6) "An act to amend the Fisheries, Game and Forest Law, by prohibiting fishing in Weavers lake and Youngs lake in the town of Warren, Herkimer county, for a period of five years." (No. 1137, Int. No. 791.)

(7) Assembly, "An act to amend the Canal Law, relating to the time of opening the State canals." (No. 1328, Rec. No. 257.)

(8) "An act to authorize the city of Cohoes to borrow money by the issue of bonds for the payment of the expenses, audits and charges of the public improvement commission of the city of Cohoes created by chapter 904 of the Laws of 1896 and the public

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