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of fire commissioners in and for the city of Schenectady” (No. 738), reported in favor of the passage of the same with some amendments, which report was agreed to.

Mr. Brackett moved that said bill be substituted for Senate bill No. 428, Int. No. 410, of the same title, now on the order of third reading

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

Mr. Brown, from the committee on forest, fish and game laws, to which was referred the Assembly bill, introduced by Mr. Babcock, Rec. No. 190, entitled "An act to amend the Fisheries, Game and Forest Law, in relation to taking of bass in certain waters in Franklin and St. Lawrence counties” (No. 582), reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Malby, and by unanimous consent, the rules were suspended and said bill ordered to a third reading.

Mr. Brown, from the committee on forest, fish and game laws, to which was referred the bill introduced by Mr. White, Int. No. 925, entitled " An act to amend the Fisheries, Game and Forest Law in relation to taking deleterious fish from public waters” (No. 1236) reported in favor of the passage of the same, which report was agreed to and said bill restored to its place on the order of third

reading

Mr. Stranahan, from the committee on affairs of cities, to which was referred the Assembly bill introduced by Mr. Doughty, Rec. No. 387, entitled “An act to amend the Greater New York charter, abolishing the office of county treasurer in the county of Queens ” (No. 1565), reported in favor of the passage of the same, wbich report was agreed to and said bill restored to its place on the order of third reading

Mr. Stranahan, from the committee on affairs of cities, to which was referred the bill introduced by Mr. Mackey, Int. No. 875, entitled "An act to amend subdivision 7 of section 17 of chapter 105 of the Laws of 1891, entitled 'An act to revise the charter of the city of Buffalo relating to licensing stationary engineers ? " (No. 1112), reported in favor of the passage of the same, with some amendments, which report was agreed to.

On motion of Mr. Stranahan, and by unanimous consent, the rules were suspended and said bill ordered to a third reading

[SENATE JOURNAL.] 154

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Mr. Stranahan, from the committee on affairs of cities, to which was referred the bill introduced by Mr. G. A. Davis, Int. No. 912, entitled “An act to amend chapter 105 of the Laws of 1891, entitled 'An act to revise the charter of the city of Buffalo '" (No. 1199), reported in favor of the passage of the same, which report was agreed to, and said bill restored to its place on the order of third reading

Mr. Stranahan, from the committee on affairs of cities, to which was referred the Assembly bill introduced by Mr. Burnett, Rec. No. 348, entitled "An act to amend chapter 360 of the Laws of 1897, entitled 'An act to incorporate the city of Geneva,' and the acts amendatory thereof, generally” (No. 1530,) reported in favor of the passage of the same, which report was agreed to, and said bill restored to its place on the order of third reading.

Mr. Raines, from a committee on conference, submitted the following report: To the Legislature:

The undersigned, appointed by the Senate and Assembly, as a committee on conference relative to the matters of difference arising between the two Houses upon the bill entitled "An act to regulate the laying and using of street surface railroad tracks upon Amsterdam avenue, in the city of New York, for the greater safety of the lives and limbs of the citizens of said city," which said bill was introduced by Mr. Fallows, and is Assembly bill No. 1075, and Senate bill No. 1127, report that they have duly conferred upon said matters, and agreed to recommend as follows:

That said bill be amended as follows:

Section 2, page 2, lines 5 and 6, strike out the words“ at the time of the passage of this act."

Same section, line 6, strike out the word "existing."

Same section, line 10, after the word “rails," at end of line, insert the words " or use the tracks."

Section 4, page 2, beginning with the word “the” in line 17, strike out all of said section 4, page 2, and the portion of the word “moval” line 1, page 3, before the word “pothing," and insert in lieu thereof the following:

“If any controversy arises as to the respective rights, if any, of the Ninth Avenue Railroad Company, or its lessee, and of the Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company to the use of the said portion of Amsterdam avenue for railroad purposes, or to locate within or to use the tracks of the other company, it shall be determined by the supreme court, in an action to be brought by either of said companies, with the right of appeal to the appellate division and to the court of appeals; and the court shall determine whether it is practicable and for the public

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good that both companies shall use the same tracks, and, if so, on
what terms, the compensation to be fixed and determined by a jury
in said action. If it appears impracticable for both railroad com-
panies to use the same tracks, the court shall determine, with like
right of appeal, which company shall have the exclusive use of that
portion of the avenue and the compensation to be paid by it to the
other railroad company on account of its exclusion therefrom, such
compensation to be fixed by a jury, or by not less than three com-
missioners to be appointed by the supreme court.”
JOHN RAINES,

LOUIS BEDELL,
N. N. STRANAHAN,

DELOS AXTELL,
M. J. COFFEY,

T. M. COSTELLO,
Senate committee. JAMES T. ROGERS,

P. F. TRAINOR,

Assembly committee. Mr. Ford moved that the vote by which said bill was passed be reconsidered.

The President put the question whether the Senate would agree to reconsider the vote by which said bill was passed, 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: 1

FOR THE AFFIRMATIVE.

Ahearn Davis DF Grady Marshall Ramsperger Ambler Davis G A Graney Martin Rice Armstrong Donnelly Havens McCarren Sherwood Boyce Douglas Higgins Mitchell Stranahan Brackett Ellsworth Humphrey Munzinger Suilivan Brown Elsberg

Johnson Norton Thornton
Chahoon Featherson Krum

Parsons Wagner
Coffey
Foley

La Roche Plunkitt Wilcox
Coggeshall Ford
Mackey Raines

Willis
Cullen
Goodsell Malby

48 On motion of Mr. Ford, and by unanimous consent, said bill was amended in accordance with the report of the conference committee, and ordered reprinted and restored to its place on the order of third reading.

Mr. Raines moved to take from the table the motion offered by him that the report of the committee of the whole upon the bill (No. 901) entitled “An act to amend section 59a of the Railroad Law, relative to extension of street surface railroads” (Int. No. 381), be disagreed with.

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

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Mr. Brown moved that the vote last taken be reconsidered.
Mr. Raines moved that said motion be laid upon the table.

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

FOR THE AFFIRMATIVE.

Armstrong Davis G A Higgins
Boyce Foley

Johnson
Chahoon Ford

La Roche Coggeshall Grady Malby Davis DF Havens Martin

Mic Carren Kaines
Munzinger Sullivan
Norton Wilcox
Parsons Willis

23

FOR THE NEGATIVE.

Ahearn
Ambler
Brackett
Brown
Coffey

Donnelly

Goodsell Marshall Rice
Douglas Humphrey Mitchell Stranahan
Ellsworth, Krum

Plunkitt Wagner
Featherson Mackey

Ramisperger White

:

21

Mr. Raines moved to take from the table the motion offered by him that the report of the committee of the whole on Senate bill No. 900, entitled "An act to amend subdivision 10 of section 4 of the Railroad Law, relative to mortgages of railroad corporations' (Int. No. 378), be disagreed with.

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

Mr. Kaines moved that the amendments made by the committee of the whole be stricken from said bill and, that said bill be restored to its original form, and placed on the order of third reading.

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

FOR THE AFFIRMATIVE.

Ahearn Davis G A Humphrey McCarren Ramsperger
Ambler Douglas La Roche Munzinger Sherwood
Armstrong Foley Malby Norton Sullivan
Boyce

Goodsell Marshall Parsons Wilcox
Chahoon
Grady
Martin Raines

Willis
Coggeshall

:26 FOR THE NEGATIVE.

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Brackett Cullen
Ellsworth Krum

Rice
Coffey Donnelly Featherson Mitchell Thornton 10

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

(1) “An act to amend the Legislative Law, relative to the enactment and publication of laws, for the purpose of providing a uniform system for the enactment of private and local legislation." (No. 655, Int. No. 236.)

(2) "An act to incorporate the Civil Service Reform Association of the city of New York.” (No. 717, Int. No. 634.)

(3) “An act to provide for the construction of storage reservoirs within the boundaries of the forest preserve to equalize the flow of water from the Adirondack stream, and to provide for the maintentenance and control of said reservoirs." (No. 999, Int. No. 542.)

(4) “An act to amend chapter 136 of the Laws of 1898, relating to preferences among civil actions.” (No. 1106, Int. No. 702.)

(5) “An act to amend the Railroad Law, in relation to the protection of certain employes of street railroads.” (No. 1105, Int. No. 483.)

(6) “ An act to amend the Fisheries, Game and Forest Law, by prohibiting fishing in Weavers lake and Youngs lake in the town of Warren, Herkimer county, for a period of five years.” (No. 1137, Int. No. 791.)

(7) Assembly, "An act to amend the Canal Law, relating to the time of opening the State canals.” (No. 1328, Rec. No. 267.)

(8) “An act to authorize the city of Cohoes to borrow money by the issue of bonds for the payment of the expenses, audits and charges of the public improvement commission of the city of Cohoes created by chapter 904 of the Laws of 1896 and the public

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