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Mr. Wagner offered the following:

Resolved, That Senate bill No. 615, entitled “ An act to amend section 1373 of 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, including the city and county of New York, 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 govern. ment thereof, relative to interpreters of the municipal court” (Int. No. 562), be recommitted to the committee on affairs of cities, with instructions to said committee to report the same forth with amended as follows:

Page 2, line 4, strike out the period at the end of the paragraph and insert a comma, and add the words “is hereby amended to read as follows:'

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.

Mr. Graney offered the following:

Resolved, That Senate bill No. 1037, entitled "An act to confer judisdiction upon the Court of Claims to hear, audit and determine the alleged claims of the counties of Westchester and Orange against the State for a refund of taxes paid on erroneous valuations of property in said counties for the years 1896 and 1897” (Int. No. 742), be recommitted to the committee on the judiciary, with instructions to said committee to report the same forth with amended as follows:

Page 1, line 2, strike out the word "respectors ” and insert the word "respective."

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.

The bill (No. 587) entitled “ An act to amend chapter 415 of the Laws of 1897, entitled "An act in relation to labor, constituting chapter 32 of the general laws relative to the hours of labor and the prevailing rate of wages'" (Int. No. 535), having been announced for a third reading,

On motion of Mr. Ford, and by unanimous consent, said bill was amended as follows:

At end of section 1 add the words “but nothing in this section shall be construed to apply to persons regularly employed in state institutions."

Ordered, That said bill be reprinted.
Mr. Mackey offered the following:

Resolved, That Senate bill No. 982, entitled “ An act to amend chapter 105 of the Laws of 1891 entitled 'An act to revise the charter of the city of Buffalo' and the several acts amendatory thereof and supplemental thereto, in relation to the payment of pensions to the members of the said police force, or their dependents” (Int. No. 817), be recommitted to the committee on affairs of cities with instructions to said committee to report the same forthwith amended as follows:

Page 3, line 4, strike out the word “ paid."

Page 2, line 8, between the words “dollars” and “if" insert the following: " or if that sum be less than one-half of his annual salary at the time of his retirement, then a sum equal to one-half of such annual salary."

Amend the title to read as follows:

An act to amend chapter one hundred and five of the laws of eighteen hundred and ninety-one entitled 'An act to revise the charter of the city of Buffalo' and the several acts amendatory thereof and supplemental thereto, in relation to the payment of pensions to the members of the police force, or their dependents.

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.

Mr. Armstrong offered the following:

Resolved, That the committee on affairs of cities, be discharged from the further consideration of Assembly bill No. 1400, entitled “ An act to amend the charter of the city of Rochester, and to extend its boundaries” (Rec. No. 268), and that the same be ordered to a third reading and substituted for Senate bill No. 835, Int. No. 729, of same title, now on the order of third reading.

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

The bill (No. 1167) entitled " An act to amend chapter 337 of the

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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), having been announced for a third reading,

On motion of Mr. Ambler, and by unanimous consent, said bill was amended by substituting the following, therefor:

AN ACT to amend the domestic commerce law, in relation to the

size of apple, pear, quince and potato barrels.

T'he People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section nine of chapter three hundred and seventysix of the laws of eighteen hundred and ninety-six, entitled "An act relating to domestic commerce law, constituting chapter thirtyfour of the general laws,” is hereby amended to read as follows:

§ 9. Barrels of apples, quinces, pears and potatoes.-A barrel of [apples], pears, quinces or potatoes shall represent a quantity equal to one hundred quarts of grain or dry measure. A barrel of apples shall be of the following dimensions: head diameter, seventeen and one-eighth inches; length of stave, twenty-eight and one-half inches; bulge not less than sixty-four inches outside measurement. Every person buying or selling apples, pears, quinces or potatoes (such articles] in this state by the barrel, shall be understood as referring to the quantity or size of the barrel specified in this section, but when potatoes are sold by weight the quantity constituting a barrel shall be one hundred and seventy-four pounds. No person shall make, or cause to be made, barrels holding less than the quantity herein specified, knowing or having reason to believe that the same are to be used for the sale of apples, quinces, pears or potatoes, unless such barrel is plainly marked on the outside thereof with the words “short barrel” in letters of not less than one inch in height. No person in this state shall use barrels hereafter made for the sale of such articles of a size less than the size specified in this section. Every person violating any provision of this section shall forfeit to the people of the state the sum of five dollars for every barrel put up made or used in violation of such provision.

$ 2. This act shall take effect immediately.

Ordered, That said bill be reprinted.
Mr. Raines offered the following:

Resolved, That the committee of the whole be discharged from the further consideration of the bill (No. 1103) entitled “ An act to promote the safety of pedestrians, by compelling the equipment

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of street surface railroad cars with automatic fenders ” (Int. No. 98), and that said bill be recommitted to the committee on railroads, with instructions to said committee to report the same forthwith amended as follows:

Page 3, section 3, line 7, change spelling of the word "council” to “ counsel.”

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

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

Mr. Grady moved a recess until 4 o'clock, p. m.

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

:

FOUR O'CLOCK, P. M.

The Senate again met.

The bill (No. 447) entitled “ An act to amend chapter 615 of the Laws of 1894, entitled ' An act to revise the charter of the city of Elmira '" (Int. No. 427), 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 GA Grady Malby

Raines
Ambler Donnelly Graney Marshall

Ramsperger
Armstrong Douglas Havens Martin

Rico
Brackett Ellsworth Higgins McCarren

Sherwood
Brown Elsberg Humphrey Mitchell Stranahan
Ohahoon Feathersou Johnson

Munzinger Thornton
Coffey Feeter

Krum

Norton
Coggeshall Foley. La Roche Parsons Wilcox
Cullen
Ford

Mackey Plunkitt Willis
Davis DF Goodsell

47 [SENATE JOURNAL.]

125

Wagner

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

The bill (No. 762) entitled " An act to amend the charter of the city of Ithaca, in relation to the jurisdiction of the recorder” (Int. No. 672), 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 G A Grady Malby Raines
Ambler Donnelly Graney Marshall Ramsperger
Armstrong Douglas Havens Martin Rice
Brackett Ellsworth Higgins McCarren Sherwood
Brown Elsberg Humphrey Mitchell Stranahan
Chahoon Featherson Johnson Munzinger Thornton
Coffey Feeter

Krum

Norton
Coggeshall Foley

La Roche Parsons Wilcox
Cullen
Ford

Mackey Plunkitt Willis 47
Davis DF Goodsell

Wagner

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

The Assembly bill (No. 891, Senate reprint No. 1026) entitled “An act to confer jurisdiction upon the Court of Claims to hear, audit and determine the claim of Henry E. Tremain and Mason W. Tyler, composing the copartnership of Tremain and Tyler, against the State for damages alleged to have been sustained by them, and to render judgment therefor” (Rec, No. 153), 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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