Votes and Proceedings

Also, a bill (No. 27, Rec. No. 18) entitled "An act to amend the Penal Law, in relation to the prohibition of the use of device of arms of the State on certain vehicles," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

Also, a bill (No. 143, Rec. No. 19) entitled "An act to amend the Conservation Law, in relation to the appropriation of real property," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on conservation.

Also, a bill (No. 524, Rec. No. 20) entitled "An act to amend section four hundred and sixty-one of the Judiciary Law, relative to the qualifications of members of the State Board of Law Examiers," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Also, a bill (No. 311, Rec. No. 21) entitled "An act to amend the Penal Law, in relation to the wearing of military badges, insignia, clasps, rosettes and buttons," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

Also, a bill (No. 365, Rec. No. 22) entitled "An act to amend the Conservation Law, in relation to trespass upon private parks or lands where foxes or other fur-bearing animals are bred," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on conservation.

Mr. Meyer, from the committee on privileges and elections, presented a report in the words following:

In the matter of the Contest for the Seat in the Senate of the State of New York for the Twenty-third District by John J. Dunnigan against George H. Taylor.

To the Honorable Senate of the State of New York:

Your committee on privileges and elections, to whom was referred the above contest, submits the following report:

A notice of contest for the seat in the Senate for the twentythird district, bearing date the 31st day of December, 1920, was filed by John J. Dunnigan.

In pursuance to notice duly given by the committee, John J. Dunnigan, the contestant, appeared before the committee in

person and by John T. Dooling, Esq., his counsel, and George H. Taylor, the holder of the certificate of election, appeared before the committee in person and by his counsel, John Boyle, Jr., Esq., as appears by the minutes of the committee taken and filed herewith.

And the committee, having heard the parties and having examined all the ballots cast at the general election held on the 2d day of November, 1920, in the Twenty-third Senatorial District and contained in the ballot boxes of said district and also the ballots marked "wholly blank," "void" and "protested" and contained in the envelopes returned to the county clerk of the county of The Bronx, and also the ballots known as the war ballots cast by the electors in the military service of the United States and in the custody of the clerk of the county of The Bronx, finds as follows:

1. That on the 2d day of November, 1920, at the general election held on said day, John J. Dunnigan was the democratic candidate for Senator from the twenty-third district and George H. Taylor was the republican candidate for Senator from the twenty-third district.

2. That the returns were thereafter canvassed by the board of canvassers of the county of The Bronx.

3. That as a result of said canvass John J. Dunnigan was found to have received 28,765 votes and George H. Taylor 28,792 votes and, accordingly, a certificate of election was issued to George H. Taylor.

4. That thereafter a notice of contest for said seat was filed by John J. Dunnigan.

5. That your committee recounted all the ballots cast at said election, including the so-called war ballots, and, as a result, your committee finds the following number of votes were cast for the respective candidates:

6th Assembly District, John J. Dunnigan. 7th Assembly District, John J. Dunnigan. 8th Assembly District, John J. Dunnigan.

Total, John J. Dunnigan..

6th Assembly District, George H. Taylor.. 7th Assembly District, George H. Taylor.. 8th Assembly District, George H. Taylor.

Total, George H. Taylor...

8,640

7,063

13,027

28,730

7,823

6,875

14,021

28,719

6. Your committee accordingly finds that at the general election held on the 2d day of November, 1920, John J. Dunnigan was duly elected Senator from the twenty-third district for the term commencing January 1, 1921, and ending on the 1st day of January, 1923, and your committee respectfully recommends that an appropriate resolution carrying into effect the findings of this committee be adopted.

All of which is respectfully submitted. Dated Albany, N. Y., February 7, 1921.

(Signed) SCHUYLER M. MEYER,

Chairman.

CHARLES WALTON.
F. W. KAVANAUGH.
T. DOUGLAS ROBINSON.
FRANK L. WISWALL.

HENRY G. SCHACKNO.

SALVATORE A. COTILLO.

Mr. Duggan moved that final action on the report from committee of privileges and elections be laid upon the table until Monday, February 21st.

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

The President put the question whether the Senate would agree

to said report, and it was decided in the affirmative.
Mr. Meyer offered a resolution, in the words following:

Resolved, That Honorable John J. Dunnigan is duly elected and is entitled to hold the seat now occupied by George H. Taylor in the Senate of the State of New York as the representative from the twenty-third district from January 1, 1921, to January 1, 1923.

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

Mr. Duell moved that the committee on the judiciary be discharged from the consideration of Senate bill (No. 229, Int. No. 222) entitled "Concurrent resolution of the Senate and Assembly proposing an amendment to sections twenty-six and twenty-seven of article three of the Constitution to enable the Legislature to provide forms of government for the counties of Westchester and Nassau," and that the said bill be amended, reprinted and recommitted to the committee on the judiciary.