same to the Senate for confirmation (Messrs. La Roche, McCarren and Sullivan dissenting).

The Senate went into open executive session, and after some time spent therein legislative business was resumed, and the President announced that said nomination had been confirmed. Mr. La Roche offered the following:

Whereas, The laws with reference to the taxation of mortgages upon real property in this State are not conformable, and this Legislature is constantly appealed to for relief; and,

Whereas, The objections to the taxation of mortgages have been such that the law permitting such taxation has not generally been acted upon by taxing officers, and the enforcement of the law will reduce the interest on mortgages to such an extent as to cause the withdrawal of money from such investment and cause the removal from the State of funds that would otherwise be so invested, diminishing the tax which would otherwise be obtained from Collateral Inheritance Law and other statutes; and,

Whereas, The subject of the taxation of mortgages has received special consideration and has been regulated by special laws in many of the States, and those laws have been found beneficial, not only to the State but to lenders and borrowers alike; and,

Whereas, The State of New York is very much more largely interested in the subject of taxation and the application of correct principles to it than any other community, because adjoining States are much more favorable in their taxation laws than the laws of this State as they now exist; and,

Whereas, The question is large and important and of considerable difficulty; therefore,

Resolved, That the Governor is requested to appoint proper persons, who, under his advice and direction, may prepare bills to be presented to the Legislature for its consideration, which shall have special reference to the taxation of mortgages and shall be intended to secure a remedy against the difficulties and embarrassments which now seem to be apparent in relation to that species of taxation.

Ordered, That said resolutions be referred to the committee on taxation and retrenchment.

The Assembly returned the bill (No. 1275) entitled "An act to exempt from taxation certain real estate of the National Academy of Design, in the borough of Manhattan in the city of New York, and to repeal chapter 324 of the Laws of 1866 and sub[SENATE JOURNAL.]

189

division 3 of section 824 of chapter 410 of the Laws of 1882" (Int. No. 494), with a message that they have reconsidered the vote by which said bill was passed and have concurred in the passage of the same as amended.

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

The President presented the twelfth annual report of the Mohawk and Hudson River Humane Society; which was laid upon the table and ordered printed.

(See document.)

Mr. Ellsworth moved that the Senate take a recess until 4.30

o'clock p. m.

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

The Senate took a recess until 4.30 o'clock p. m.

FOUR O'CLOCK AND THIRTY MINUTES P. M.

The Senate again met.

Mr. Marshall, from the committee on printed and engrossed bills, reported as correctly printed, the bills entitled as follows:

"An act to amend chapter 908 of the Laws of 1896, entitled 'An act in relation to taxation, constituting chapter 24 of the general laws.'" (No. 1379, Int. No. 116.)

"An act making an appropriation for compensation and expenses of counsel designated by the Governor to assist the attorney-general." (No. 1400, Int. No. 995.)

"An act to amend chapter 182 of the Laws of 1898, entitled 'An act for the government of cities of the second class.'” (No. 1399, Int. No. 630.)

"An act to provide compensation to the owners of cattle destroyed pursuant to chapter 674 of the Laws of 1894 and repealing certain acts relating thereto in the city of New York." (No. 1386, Int. No. 421.)

"An act to repeal chapter 66 of the Laws of 1896, entitled 'An act to authorize the supervisors of Niagara county to appoint sidepath commissioners to tax cycles and to expend the moneys raised thereby in the construction of sidepaths for cycles,' and also chapter 607 of the Laws of 1897 amendatory thereof." (No. 1381, Int. No. 988.)

The Assembly returned the following entitled bill:

"An act to amend chapter 378 of the Laws of 1897, entitled 'An act to unite into one municipality, under the corporate name of the city of New York, the various communities lying in and about New York harbor, the city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens, and to provide for the government thereof,' relative to the salaries of teachers in the public schools." (No. 62, Int. No. 2, Assembly reprint No. 2207.)

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

The Assembly sent for concurrence the following entitled bill: "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,' relative to engineers" (No. 2282, Rec. No. 652), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on affairs of cities.

Mr. Coffey offered the following:

Resolved (if the Assembly concur), That a respectful message be sent to the Governor, requesting the return to the Senate of Senate bill No. 1198, entitled "An act in relation to Fourth avenue, in the borough of Brooklyn, city of New York" (Int. No. 911), for the purpose of transmitting the same to the mayor of the city 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.

The Assembly returned the above resolution, with a message that they have concurred in the passage of the same.

Ordered, That the Clerk deliver said resolution to the Gover

nor.

Leave of absence was granted to Mr. Grady until to-morrow. The bill (No. 1331) entitled "An act to amend chapter 4 of the Laws of 1891, entitled 'An act to provide for rapid transit railways in cities of over 1,000,000 inhabitants,' and the acts amendatory thereof " (Int. No. 585), having been announced for a third reading,

Mr. Stranahan moved said bill be recommitted to the committee on affairs of cities, with instructions to said committee to report the same forthwith amended as follows:

Strike out section thirty-three and insert in lieu thereof the following:

"§ 33. Before any contract shall be executed, entered into or take effect, under the provisions of this act, or under the provisions of any act or acts, by this act amended, such contract shall first be approved in writing by the corporation counsel of the city of New York.

"§ 34. 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 placed on the order of third reading.

The Assembly bill (No. 1454) entitled "An act to amend chapter 371, Laws of 1896, in relation to auction sales" (Rec. No. 300), having been announced for a third reading,

Mr. Mackey moved said bill be recommitted to the committee on the judiciary, with instructions to said committee to report the same forthwith amended as follows:

Page 2, line 2, strike out the word "any" and insert the words "his own" in lieu thereof.

The President put the question whether the Senate would 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.

The Assembly bill (No. 1114, Senate reprint No. 1345) )entitled "An act to authorize the construction of a bridge over the East

river, in the city of New York, and to provide for the use thereof by railroad companies, bicyclists, trucks, carriages and foot passengers" (Rec. No. 302), having been announced for a third reading,

Mr. Marshall moved said bill be recommitted to the committee on affairs of cities, with instructions to said committee to report the same forthwith amended as follows:

Section 1, strike out all of lines 1, 2, 3 and 4 and up to the word “said ” in line 5, and insert in place thereof the words "if within sixty days after the passage of this act, the governor shall deem it necessary that a bridge should be constructed over the East river, over the Hudson river below Waterford, or over the waters which are the boundaries of the state, he shall appoint a commission of six citizens, residing in the locality in which the bridge is to be erected, which commission as an agent of the state shall provide for and superintend the construction of the bridge decided upon."

Page 2, line 7, after the word "treasurer" strike out all up to the word "in," line 8, and insert the words "to the governor." Same page, line 13, strike out the words "city of New York" and insert the words "county from which he is appointed." Same page, line 17, strike out all after the word “ up to the word "such" in line 20.

passengers

Page 3, line 6, strike out the word "departments." Same page, line 7, strike out the words "of bridges of said city" and insert the words "state engineer and surveyor.

Same page, line 10, strike out all after the word "bridge" up to the word " or and insert the words "in the same locality as the one they are erecting."

Same page, line 12, after the word "river" insert the words 66 or waters."

Same page, line 23, strike out the words "city of New York and insert the words "locality which is to pay for the erection of the bridge."

Same page, line 25, strike out the words " city of New York" and insert the words "said locality."

Page 4, lines 13 and 14, after the word "otherwise " strike out the words "of the East river."

Same page, line 21, strike out the word "city" and insert the word "locality."

Page 5, line 2, strike out the word "the" and insert the word any."

Same page, lines 2 and 3, strike out all after the word "city up to the word "and" and insert the words "county or town.”