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Mr. Lord asked to be excused from voting.

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

Mr. Madden moved to strike out the words "Friday, the 16th,” and insert the words "Saturday, the 17th."

Mr. Benedict moved to amend by striking out the words " Friday, the 16th," and insert the words "Tuesday, the 20th."

The President put the question whether the Senate would agree to said motion of Mr. Benedict, and it was decided in the negative.

The President then put the question whether the Senate would agree to said motion of Mr. Madden to amend, and it was decided in the affirmative, as follows:

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

follows:

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By unanimous consent the rule was suspended, and the Clerk ordered to return said resolution to the Assembly immediately, with a message informing that the Senate have concurred in the passage of the same, with amendments.

Mr. Lowery offered the following:

Whereas, The amount of taxes necessary to be collected for the Canal Fund increased from $1,019,265.98 in 1868, to $3,880,035.93 in 1871; and Whereas, The amounts paid superintendents and contractors for repairs increased from $1,011,056.94 in 1868, to $2,052,195.82 in 1871; and Whereas, The disbursements from the treasury on Auditor's warrants for the fiscal year was $5,196,895.23, to which add the payments for October, November and December, 1871, $1,913,340.89, making in fifteen months an expenditure of $7,110,236.12, with large amounts of claims and certificates of indebtedness outstanding; and

Whereas, The receipts for tolls decreased from $4,418,309.50 in 1868, to $2,814,953.79 in 1871, while the per centage of cost of maintenance on tolls received increased from 26.80 per cent to 79.94 per cent; and

Whereas, The surplus of revenues over cost of ordinary repairs at collection of tolls have decreased from $3,293,301.13 in 1868 to $592,404.! in 1871; and

Whereas, The amount remaining for ordinary repairs on the easter division of the canals was $612,825.46 on October 1, 1871, which amou was expended and the fund overdrawn within three months ther after; and

Whereas, From the foregoing statements it is perfectly apparent th the canals are in a condition of not only absolute bankruptcy, but source of grave and increasing taxation, and consequently financial injur to the people; therefore,

Resolved, That this board respectfully ask of the Legislature a ft and searching investigation of the whole question of canal manageme and finances, to the end that some policy may be adopted by means which frauds may be prevented, extravagant expenditure stopped, ar receipts increased so as in some measure to relieve the people from tax tion, restoring the canals to their former position of usefulness and prot to the State and people.

STATE OF NEW YORK,
CANAL DEPARTMENT.

I certify that I have compared the foregoing copy of preambles an resolution adopted by the Canal Board on the 14th day of Februar 1872, with the original minutes of the proceedings of said board, on fil in this department, and that the same is a true transcript therefrom, an of the whole of said original preambles and resolution.

G. A. DAYTON, Auditor.

Mr. Woodin moved that said preambles and resolution be laid on th table and printed.

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

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

"An act to amend an act entitled 'An act to incorporate the village Goshen, passed April 18, 1843,' and passed March 26, 1866."

"An act to extend, widen, alter, and improve Banker street, to close a portion of the same, and to improve Union avenue, in the city of Broo lyn."

"An act in relation to superintendents of the poor."

After some time spent therein, the President resumed the chair, an Mr. Graham, from said committee, reported in favor of the passage the first named bill, which report was agreed to and said bill ordere engrossed for a third reading.

Mr. Graham, from the same committee, reported progress on the secon named bill, and asked and obtained leave to sit again.

Mr. Graham, from the same committee, reported in favor of the pa sage of the last named bill, with amendments.

On motion of Mr. Johnson and by unanimous consent, the rule wa suspended, and said bill read a third time.

The President put the question whether the Senate would agree t the final passage of said bill, and it was decided in the affirmative, majority of all the members elected to the Senate voting in favor thereo

as follows:

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

Mr. Baker moved that the bill entitled "An act amending, revising, and consolidating the several acts in relation to the village of Greenbush, in the county of Rensselaer," be recommitted to the committee on the affairs of villages.

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

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

"An act to incorporate the Safe Deposit and Trust Company of Auburn."

"An act to appoint commissioners to investigate and examine into the pecuniary affairs and condition of the several State prisons and State reformatory at Elmira of this State, and to report thereon; and also to suggest such laws, rules, and regulations as they may deem proper for the better regulation and discipline of said prisons to the Comptroller of

this State."

"An act to amend an act passed May 10, 1870, entitled 'An act to amend an act entitled "An act to provide for the incorporation of villages," passed December 7, 1847, and the several acts amendatory thereof, so far as the same relate to the village of Mount Vernon, in the County of Westchester, and to declare, enlarge, and define the powers and duties of the officers of said village, and to confirm and extend the powers of the corporation of said village."

After some time spent therein, the President resumed the chair, and Mr. Weismann, from said committee, reported progress on the first and second named bills, and asked and obtained leave to sit again.

Mr. Weismann, from the same committee, reported in favor of the passage of the last named bill, which report was agreed to, and said bill ordered engrossed for a third reading.

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Mr. Benedict, from the committee on literature, to which was referred the bill entitled "An act to enable the board of education of the village of Salem to borrow money for school purposes from the Common School Fund, or otherwise, and to provide for the payment thereof, with interest, tax on said village," reported in favor of the passage of the same, with amendments, and have amended the title thereof so as to read "An act to enable the board of education of the village of Salem to borrow or raise by tax money for school purposes, and to provide for the payment thereof with interest, if borrowed, by tax on said village," which report was agreed to, and said bill was committed to the committee of the whole.

Mr. Palmer, from the committee on the affairs of cities, to which was referred the bill entitled "An act to amend an act entitled 'An act to revise the charter of the city of Auburn,' passed April 22, 1869," reported in favor of the passage of the same, and said bill was committed to the

committee of the whole.

The Assembly returned the bill entitled "An act to change the name of the First Congregational Church and Society of Poughkeepsie, New York," with a message that they had concurred in the amendments o the Senate thereto.

Ordered, That the Clerk return said bill to the Assembly.
On motion of Mr. Madden, the Senate adjourned.

FRIDAY, FERBUARY 16, 1872.

The Senate met pursuant to adjournment.

Prayer by Rev. Mr. Osborn.

The journal of yesterday was read and approved.

Mr. D. P. Wood presented the opinion of the general term of the fourth department of the powers of boards of supervisors to fix the salaries of county judges and surrogates, and deciding the law of 1870 conferring that power on such boards of supervisors, if unconstitutional Mr. D. P. Wood moved that it be printed and referred to the com mittee on the judiciary.

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

Messrs. Chatfield, Lewis, J. Wood, Johnson, Graham and Harrowe presented remonstrances against legislative interference with the manage ment of the Erie Railway Company; which was read and referred to the committee on railroads.

Mr. Graham presented a remonstrance against placing the Erie Rail way under control of a British monopoly; which was read and referred to the committee on railroads.

Mr. Dickinson presented two petitions for repeal of act providing for the draining of lands adjoining Black Lake; which was read and referred to the committee on internal affairs.

Mr. Madden presented a petition of citizens of Newburgh relative to streets; which was read and referred to the committee on the affairs of cities.

Mr. J. Wood presented a petition of president and trustees of village of Geneseo relative to charter; which was read and referred to the com mittee on the affairs of villages.

Mr. Baker presented a petition of the Sisters of Mercy for appropria tion for the House of Protection for destitute children, Greenbush which was read and referred to the committee on finance.

Mr. Madden presented a petition of firemen of Middletown, against Foreign Insurance Company bill; which was read and referred to the committee on insurance.

Mr. Perry presented a remonstrance against the continued non-enforcement of the eight hour law; which was read and referred to the committee on the judiciary.

Also, a remonstrance against the passage of the act to incorporate the Poughkeepsie Bridge Company; which was read and referred to the committee on commerce and navigation.

Also, a petition of citizens of Brooklyn for an appropriation for

Brooklyn Nursery; which was read and referred to the committee on finance.

Also, a petition of council of vigilance in public affairs in Kings county, for enabling act authorizing a special election of delegates to meet in convention to form a charter for the city of Brooklyn; which was read and referred to the committee on the affairs of cities.

Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled "An act to authorize the surrogate of Albany county to issue letters of administration of the personal estate which was of Charles D. Mills, deceased, to his widow Elizabeth P. Mills," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled "An act in relation to the powers and duties of County treasurers, and to authorize certain actions and proceedings against them," reported in favor of the passage of the same with amendments, and said bill was committed to the committee of the whole.

Mr. Robertson, from the committee on commerce and navigation, to which was referred the bill entitled "An act to amend the charter of the New York Produce Exchange Company, and to confer certain powers upon said company," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Robertson, from the committee on commerce and navigation, to which was referred the Assembly bill entitled "An act to authorize the Harlem and New York Navigation Company to issue bonds, and to mortgage its real estate to secure the payment of the same," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Robertson, from the committee on commerce and navigation, to which was referred the petition of Henry E. Pierrepont, et al., praying for the passage of an act authorizing the Governor to request the President of the United States to direct the Bureau of Engineers to revise the pierhead line in New York city, reported a resolution in the words following:

Resolved (if the Assembly concur), That the Governor be requested to apply to the President of the United States to appoint three officers in the service of the United States, familiar with harbors, to examine into and revise the exterior pier and bulkhead lines of the harbor of New York, on the Brooklyn side, and report such revised line to the Legisla

tare.

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. Winslow, from the committee on banks, to which was referred the bill entitled "An act to amend an act entitled 'An act to incorporate the New York Life Insurance and Trust Company,' passed March, 1830, ard the act amendatory thereof, passed May 2, 1834," reported in favor passage of the same with amendments, and said bill was committed

of the

to the committee of the whole.

bill entitled "An act to incorporate the Woman's Half-Dime Savings Consideration, and said bill was committed to the committee of the whole.

Mr. Winslow, from the committee on banks, to which was referred the

SENATE JOURNAL.]

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