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Boardman

Brandreth

Diven

Brandreth
Diven

Ames

Darling

Johnson

Ely
Foote

Halsted

Ely
Foote

Laflin
Noxon

Paterson

Mr. W. A. Wheeler moved that the Senate now go into executive session for the sole purpose of considering nominations of notaries public.

Mr. Lamont moved to amend by striking out all after the word "for" and inserting "all purposes."

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

FOR THE NEGATIVE.

Hubbell

Lamont

Mather

Ames
Boardman
Brandreth

Darling

Diven

Prosser
Schell

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Ely
Foote

FOR THE NEGATIVE.

Prosser

Scott

Sloan

Halsted

Husbell

Truman
Wetmore

W. A. Wheeler

14

The President then put the question whether the Senate would agree to said motion of Mr. W. A. Wheeler, and it was decided in the affirmative.

W. A. Wheeler
Williams

A message from the Assembly was received, returning the Assembly bill entitled "An act for the protection of deer and other game," informing that they consent to a committee of conference, and appoint on their part Messrs. Filkins, Law, Mekeel, Cobb and Van Valkenburgh.

13

Schell
Williams

The Senate then went into executive session, and after some time spent therein, the doors were opened and legislative business resumed.

FOR THE AFFIRMATIVE.

Johnson

Laflin
Lamont

Mather

On motion of Mr. Prosser,

Resolved, That the vote by which the Senate concurred in the Assembly amendments to the bill entitled "An act concerning the navigation of canals and collection of tolls," be reconsidered.

Noxon

Paterson

10

By unanimous consent, Mr. Prosser moved to amend the Assembly amendment by adding thereto the following: "Without paying double toll on the boat."

Schell

Scott

J. A. Willard
John D. Willard

Said bill, as amended, was then read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows:

FOR THE NEGATIVE.

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Loveland

1

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

A message from the Assembly was received, returning the bill entitled "An act making appropriations for the support of the government for the fiscal year commencing on the 1st day of October, 1859," informing that they had agreed to the report of the conference committee.

Ordered, That the Clerk return said bill to the Assembly.

A message from the Assembly was received and read, informing that they had concurred in the passage of the following entitled bills, without amendment:

"An act to incorporate the Saratoga Monument Association." "An act to repeal an act entitled 'An act relating to highways in the town of Greenburgh, county of Westchester,' passed March 14, 1837."

"An act to amend an act entitled 'An act to amend an act incorporating the village of Geneva, in the county of Ontario, passed May 6, 1837, passed April 14, 1855,' and to confer powers on the board of trustees of that village for the year 1859."

“An act authorizing the clerk of the county of Erie to record an assignment of a certain bond and mortgage.'

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"An act to authorize the laying of a railroad track on the berm side of the Chenango canal."

"An act to legalize the proceedings of the school commissioner and trustees of the Union Free School District number four, in the town of Newtown, county of Queens."

Ordered, That the Clerk deliver said bills to the Governor.

A message from the Assembly was received and read, informing that they had concurred in the amendments of the Senate to the bills entitled as follows:

"An act to legalize the official acts of Philip Pratt."

"An act to repeal the act entitled 'An act to amend the act entitled 'An act to suppress intemperance and to regulate the sale of intoxicating liquors,' passed April 16, 1857, so far as the same is applicable to the counties of Oneida and Onondaga,' passed April 12, 1858."

"An act prescribing the powers and duties in certain cases of the Canal Board, the Canal Commissioners, and other officers whose duties relate to the canals of this State."

"An act to amend 'An act to incorporate the Eddyville Bridge company,' passed April 22, 1854."

Ordered, That the Clerk return said bills to the Assembly.

A message from the Assembly was received and read, informing that they had non-concurred in the passage of the following entitled bills:

1

"An act in relation to the public health of the city of New York." “An act in relation to plankroads and turnpike companies." On motion of Mr. Sloan, the Senate took a recess until 8 o'clock.

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HALF-PAST EIGHT O'CLOCK.

The Senate again met.

A message from the Assembly was received, returning the following entitled bill:

"An act to incorporate the Port Morris Land and Improvement company."

Ordered, That the Clerk deliver said bill to the Governor.

A message from the Assembly was received and read, informing that they had concurred in the passage of the following entitled bills, without amendment:

"An act for the relief of James Sperry."

"An act to change the names of Agnes Bryant, James Bryant and Carl Bryant."

"An act to amend the charter and change the name of the Ocean Insurance company."

Ordered, That the Clerk deliver said bills to the Governor. The President (Mr. W. A. Wheeler in the chair,) presented the following communication:

ALBANY, April 19, 1859.

To the Senate of the State of New York:

SENATORS, It is highly gratifying to me to receive at the close of the session your resolutions approving of the manner in which I have discharged the duties of your presiding officer. When I recollect the circumstances of peculiar delicacy and difficulty under which a portion of those duties have been performed, your commendation of my conduct is to me pleasing evidence that my errors and deficiencies have been overlooked or forgotten.

I can bear cheerful testimony to the zeal and industry with which you have devoted yourselves to the discharge of your duties as legislators; and I desire to return my sincere thanks for the uniform kindness with which I have been treated by each member and officer of the Senate, and to express to each Senator my best wishes for his future happiness and prosperity.

Ames
Brandreth
Diven

With great respect,

Foote
Halsted
Johnson

By unanimous consent, Mr. Ely reported the Assembly bill entitled "An act to incorporate the New Brighton Fire Engine company number four, in Richmond county."

On motion of Mr. Ely, and by unanimous consent, the rules were suspended, and said bill read a third time.

ROBERT CAMPBELL.

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

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Ely

Scott

John D. Willard
20

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment.

Ames
Brandreth

Ely Foote

Mr. Paterson, from a majority of the conference committee on the Assembly bill entitled "An act for the protection of deer and other game," reported that they had duly considered the same, and recommend that the Senate, recede from their amendments.

The President put the question whether the Senate would agree to the report of the committee, and it was decided in the affirmative, as follows:

Laflin

Johnson

Laflin

Lamont
Loveland

Ames

Boardman
Brandreth

Darling

Loveland

Paterson

Noxon

Diven

Ely
Foote
Halsted

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Boardman

Darling

Prosser

Truman

.5

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have agreed to the report of the conference committee.

Prosser

FOR THE NEGATIVE.

Halsted

Mr. Williams, from the committee of conference on the bill entitled "An act to incorporate the Auburn Waterworks company," reported that they had had the same under consideration, and recommend that the following be added for section 16 of said bill:

"Sec. 16. The Governor, Lieutenant Governor and Comptroller of the State, may in their discretion make a contract with said company to supply the State prison and Lunatic Asylum for Insane convicts with water, on such terms as they shall deem for the best interest of the State, not exceeding ten years, at Auburn."

The President put the question whether the Senate would agree to the report of the committee, and it was decided in the affirmative, as follows:

W. A. Wheeler
John D. Willard
Williams

FOR THE AFFIRMATIVE.

Hubbell

Laflin

Lamont
Mather

FOR THE NEGATIVE.

Scott

18

Noxon
Schell

Sloan

Truman
Wetmore

Williams

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W. A. Wheeler John D. Willard

6

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have agreed to report of the conference committee.

18

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On motion of Mr. John D. Willard,

Resolved, That a committee of two be appointed to wait on His Excellency the Governor, and inform him that the Senate has concluded its business and is now ready to adjourn; and to inquire whether he has any further communication to make to the Senate. Ordered, That Messrs. John D. Willard and Lamont, be such com

mittee.

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On motion of Mr. Laflin,

Resolved, That a committee of two be appointed to wait upon the Assembly, and inform them that the Senate are now ready to adjourn.

Ordered, That Messrs. Laflin and Scott, be such committee. A message was received from His Excellency the Governor, by the hands of his Private Secretary, in the words following, to wit: ALBANY, April 19, 1859.

To the Senate :-The bill entitled "An act in relation to the duties of the assistant clerks of the New York Police courts," imposes upon them no new duties, but raises their compensation about four thousand dollars in the aggregate. The present salaries were fixed only a year since by the supervisors of the county, and the same body possesses full power to increase them. Without the sanction or intervention of these local authorities an attempt is now made to increase the salaries and to place them beyond the control of the snpervisors.

In signing my name to this bill I should be called upon to give my approval to that which I believe to be radically wrong in principle. Where the local authorities possess all necessary powers and there is no complaint of any unjust refusal to act, and no public grievance is shown to exist, I cannot sanction with my signature any attempt to overrule or interfere with the powers of the local authorities.

Ely

E. D. MORGAN.

The President put the question "Shall this bill become a law notwithstanding the objections of the Governor?" and it was decided in the negative, two thirds of all the members present not voting in favor thereof, as follows:

Ames
Brandreth

Darling

Diven

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Messrs. Van Horn and Reilly, a committee from the Assembly, appeared and enquired if the Senate had any further communications to make to the Assembly?

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Whereupon the President answered that they had not.

A message was received from His Excellency the Governor, by the hands of his Private Secretary, in the words following, to wit: ALBANY, April 19, 1859.

To the Senate I have this day approved the bills bearing the fʊllowing titles:

"An act to amend an act entitled 'An act to incorporate the Port Byron and Conquest turnpike road and bridge company,' passed May, 1836, and an act amending the same, passed April 1851."

"An act to authorize the laying of a railroad track in and through certain streets in the city of Syracuse."

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