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mittee of five members of the Assembly be appointed by the Speaker of the House, to be a joint committee of the Senate and Assembly for the purpose of preparing a suitable memorial of the Legislature to the late Roswell P. Flower, ex-Governor of the State of New York.

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

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

Mr. Ellsworth moved that the Senate do now adjourn.

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

Whereupon, the Senate adjourned.

WEDNESDAY, MAY 24, 1899.

The Senate met pursuant to adjournment.
The temporary President in the chair.
Prayer by Rev. Robert Elder.
The journal of yesterday was read and approved.

Mr. Krum, from the committee on taxation and retrenchment, reported a bill entitled "An act to amend the Tax Law, in relation. to the taxation of public franchises as real property” (Int. No. 1), and recommended the passage of the same (Messrs. Boyce, Cullen and Foley dissenting), which report was agreed to, and said bill. committed to the committee of the whole.

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

STATE OF NEW YORK-EXECTIVE CHAMBER,

ALBANY, May 24, 1899. To the Legislature:

I call to your attention the desirability of making an appropriation to provide for the proper celebration of the return of Admiral Dewey, an American whom all Americans worthy of the name. delight to honor, the man who, at the close of the nineteenth century, bas added fresh renown to the flag that has already so often been borne to glorious triumph on the land and on the sea. The .

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thunder of Dewey's guns in Manila bay raised in a moment's time the prestige of American arms throughout the world, and added a new honor to American citizenship at home and abroad; and his services throughout the trying months that followed, though less brilliant, were hardly less useful to his country. It is fitting that we should show in appropriate form the higlı regard we feel for the great admiral, and for every officer and sailor of his fleet; that we should testify our appreciation of the debt under which this country lies to him and to them, and indeed to all their comrades in our forces afloat and ashore.

THEODORE ROOSEVELT. . Said message was ordered printed and referred to the committee on finance.

Mr. Grady moved that the Senate take a recess until 2.30 o'clock

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

TWO O'CLOCK AND THIRTY MINUTES P. M.

The Senate again met. The Senate resolved itself into a committee of the whole and proceeded to the consideration of the general order, being the bill entitled as follows:

"An act to amend the Tax Law, in relation to the taxation of public franchises as real property.” (No. 1, Int. No, 1.)

After some time spent therein, the President resumed the chair, and Mr. White from said committee reported in favor of the passage of said bill, with amendments, which report was agreed to, and said bill ordered to a third reading.

Mr. Higgins, from the committee on finance, reported a bill entitled "An act making an appropriation for the expenses of a celebration in honor of the return of Admiral George Dewey to the United States” (Int. No. 2), and recommend the passage of the same, which report was agreed to.

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

Mr. Raines moved that the Senate do now adjourn.

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

Whereupon, the Senate adjourned.

THURSDAY, MAY 25, 1899.

.

The Senate met pursuant to adjournment.
The temporary President in the chair.
Prayer by Rev. C. Park Evans.
The journal of yesterday was read and approved.

The Assembly returned the concurrent resolution relative to memorial services for the late Roswell P. Flower, with a message that they have concurred in the passage of the same.

The President appointed as such committee Messrs. Brown, Coggeshall and Donnelly.

Ordered, That the Clerk return said resolution to the Assembly, with a message that the Senate have appointed a committee on the part of the Senate.

The Assembly returned said resolution with a message that Mr. Speaker had appointed Messrs. Bryan, Roberts, Miles, Roche and Harburger as such committee on the part of the Assembly.

Mr. Higgins, from the committee on finance, reported a bill entitled " An act making an appropriation for the State Board of Tax Commissioners for the compensation of needed assistants in its office and for other expenses”.(Int. No. 3), and recommended the passage of the same, which report was agreed to.

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

The bill (No. 2) entitled “ An act to amend the Tax Law, in relation to the taxation of public franchises as real property” (Int. No. 1), having been announced for a third reading,

Mr. Humphrey moved that said bill be recommitted to the committee on taxation and retrenchment, with instructions to said committee to report the same forthwith, amended as follows :

Page 9, line 5, after the word "property" insert the words “subject to a special franchise tax.”

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

Mr. Krum, from the committee on taxation and retrenchment, reported said bill amended as directed, and the same ordered reprinted and placed on the order of third reading.

Mr. Grady moved that said bill be recommitted to the committee on taxation and retrenchment, with instructions to report the same forthwith amended so as to provide for the assessment of franchises by the assessors of the several municipalities and localities throughout the State.

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

FOR THE AFFIRMATIVE.

Ahearn Boyce Coffey Cullen

Donnelly

Havens
Featherson La Roche
Grady

Martin
Graney * McCarren

Mitchell Ramsperger
Munzinger Rice
Norton

Wagner
Plunkitt

19

FOR THE NEGATIVE.

Ambler Davis GA Golodsell Malby
Armstrong Ellsworth Higgins Marshall
Brackett
Elsberg

Humphrey Parsons
Brown Feeter

Johnson Raines
Chahoon
Ford
Krum

Sherwood
Davis DF

Stranahan
Thornton
White
Wilcox
Willis

26

Mr. Grady stated that Senator Sullivan was prevented from attending the session of the Senate to-day by reason of illness, and if present he would have voted in the affirmative.

Mr. Grady moved that said bill be recommitted to the conmittee on taxation and retrenchment, with instructions to said committee to report the same forthwith amended so as to provide for the election by the people at the next general election of the State Board of Commissioners, by whom under the other provisions of the bill the assessment of franchises is to be laid.

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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Ambler Davis GA Goodsell Malby
Armstrong Ellsworth Higgins Marshall
Brackett
Elsberg

Humphrey Parsons

Stranahan
Thornton
White

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Mr. Grady moved that said bill be recommitted to the committee on taxation and retrenchment, with instructions to said committee to report the same forth with amended by striking the enacting clause therefrom.

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

Ahearn Boyce Coffey Cullen

FOR THE' AFFIRMATIVE,
Donnelly Graney McCarren Plunkitt
Featherson Havens Mitchell Rice
Foley

La Roche Munzinger Wagner
Grady

Martin Norton

19

FOR THE NEGATIVE.

29

Ambler Davis D F Goodsell * Malby Stranahan
Armstrong Davis G A Higgins Marshall Thornton
Brackett Ellsworth

Humphrey Pansons White
Brown Elsberg Johnson Raines

Wilcox Chahoon Feeter Krum Ramsperger Willis Coggeshall Ford Mackey Sherwood

Mr. Grady stated that Mr. Sullivan, if present, would have voted in the affirmative.

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

STATE OF NEW YORK -- EXECUTIVE CHAMBER. To the Legislature:

It appearing to my satisfaction that the public interest requires it;

Therefore, in accordance with the provisions of section 15 of article 3 of the Constitution, and by virtue of the authority thereby conferred upon me, I do hereby certify to the necessity of the immediate passage of the Senate bill entitled “An act to amend the Tax Law, in relation to the taxation of public franchises as real property” (Int. No. 1). Given under my hand and the privy seal of the State, at the

Capitol, in the city of Albany, this twenty-fifth day of [L. s.] May, in the year of our Lord one thousand eight hundred and ninety-nine.

THEODORE ROOSEVELT. By the Governor: WILLIAM J. YOUNGS,

Secretary to the Governor.

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