for local option, constituting chapter 29 of the general laws,' being chapter 112 of the Laws of 1896, and the various acts amendatory thereof and supplementary thereto." (No. 845, Int. No. 539.) "An act to provide for the improvement of streets and avenues in certain wards of the several boroughs of the city of New York; for raising money by the issue of assessment certificates therefor; and a method of assessment and collection for the redemption of such certificates." (No. 1397, Int. No. 577.) "An act to amend the Election Law, in relation to the use of voting machines." (No. 1154, Int. No. 328.) Ordered, That the Clerk deliver said bills to the Governor. The Assembly returned the bill (No. 91, Assembly reprint No. 2228,) entitled "An act to authorize the Comptroller of the State to hear and determine the application of the Superintendent of State Prisons on behalf of the people of the State of New York for cancellation of a tax sale of certain lands in lot 237, Refugee tract, Clinton county" (Int. No. 91), with a message that they have passed the same with the following amendments: "§ 2. Prior to the hearing upon such application the said Rawson L. Hayes, shall cause to be served upon the attorney-general of this state a notice of said hearing said notice shall be served at least fourteen days before said hearing. "§ 3. This act shall take effect immediately." "S Mr. Chahoon moved that the Senate concur in said amendment. The President put the question whether the Senate would concur in said amendments, said bill 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: Brown Feeter Foley Coffey Cullen Davis D F Ahearn Featherson Humphrey Mitchell La Roche Goodsell 46 Ordered, That the Clerk return said bill to the Assembly, with a message that they have concurred in their amendments. The Assembly bill (No. 1808) entitled "An act to amend chapter 908 of the Laws of 1896, relating to revision and readjustment of accounts by Comptroller" (Rec. No. 501), 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: Davis D F Davis G A Ahearn Ambler Brackett Brown FOR THE AFFIRMATIVE. Graney Higgins Humphrey Johnson Krum La Roche Norton Parsons Plunkitt Mackey Donnelly Douglas Marshall Martin Davis GA Graney Havens Higgins Humphrey McCarren Mitchell Munzinger Parsons Plunkitt Raines Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the passage of the Stranahan Wilcox Willis same. Mr. Krum moved a call of the Senate. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. By direction of the President, the Clerk called the roll, when the following Senators responded: Marshall Martin Ramsperger Rice Sherwood Stranahan McCarren Mitchell Sullivan Thornton Wagner Wilcox Willis 45 Rice Stranahan Johnson Donnelly Ellsworth La Roche FOR THE AFFIRMATIVE. Ford Graney Havens Higgins Munzinger Plunkitt Raines Ramsperger The Clerk furnished a list of absentees to the Sergeant-at-Arms, who appeared in due time before the bar of the Senate with Messrs. Armstrong and Parsons, each of whom, upon giving satisfactory explanation for being absent, was excused.' Mr. Krum moved that all further proceedings under the call of the Senate be suspended. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. Mr. Krum moved to reconsider the vote by which said bill was passed. The President put the question whether the Senate would agree to reconsider the vote by which said bill was passed, and 't was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows: Humphrey Krum Martin Munzinger Norton Parsons Plunkitt Raines FOR THE NEGATIVE. Mackey Wagner McCarren Wilcox Willis 44 Ramsperger Wagner White Wilcox Willis Coffey Grady Foley Said bill was then 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 nega Rice Thornton 33 11 tive, a majority of all the Senators elected not voting in favor thereof, and three-fifths being present, as follows: Foley Coffey Ahearn Ambler FOR THE AFFIRMATIVE. Grady Cullen 'Davis D F Davis G A Donnelly Douglas La Roche McCarren FOR THE NEGATIVE. Feeter Ford Graney Higgins Humphrey Armstrong Brackett Brown Chahoon Coggeshall 31 Mr. Krum moved to reconsider the vote by which said bill was lost. Mackey Mitchell Martin Munzinger Plunkitt White Raines The President put the question whether the Senate would agree to reconsider the vote by which said bill was lost, and it was decided in the negative, a majority of all the Senators elected not voting in favor thereof, and three-fifths being present, as follows: FOR THE AFFIRMATIVE. Donnelly Douglas Featherson Krum Wilcox Ramsperger Willis FOR THE NEGATIVE. Feeter. Foley Ford Graney Higgins Rice Thornton 10 Rice Sherwood Stranahan Cullen Ahearn Armstrong Davis G A Brackett Brown Chahoon Coffey 36 Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have non-concurred in the passage of the same. Marshall Thornton Ramsperger Munzinger Stranahan Parsons Plunkitt Raines Norton Wagner White Willis 7 The Assembly bill (No. 2264) entitled "An act to amend chapter 775 of the Laws of 1895, entitled 'An act to legalize and provide for the payment of certain claims against Long Island City, rela tive to auditing and paying amounts due on contracts" (Rec. No. 604), having been announced for a third reading, Mr. Grady moved said bill be recommitted to the committee on affairs of cities, with instructions to said committee to report the same forthwith amended so as to read as follows: AN ACT to amend chapter seven hundred and seventy-five of the laws of eighteen hundred and ninety-five, entitled "An act to legalize and provide for the payment of certain claims against Long Island City," relative to auditing and paying amounts due on contracts. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter seven hundred and seventy-five of the laws of eighteen hundred and ninety-five, entitled "An act to legalize and provide for the payment of certain claims against Long Island City," is hereby amended to read as follows: § 1. The contract of Michael Coughlin, heretofore made and entered into by the common council of Long Island city for cleaning the streets and removing the ashes from the First ward of said city from June twenty-second, eighteen hundred and eightyeight, to December twenty-second, eighteen hundred and eightynine so far as such contract is invalid because of any failure to comply with any provision of the charter of said city, or of any special law applicable to said city, are hereby made valid and binding on said city and its successors in the same manner and with the same effect in all respects as though said contract had been made and entered into in accordance with all legal requirements. § 2. The contracts of Hugh F. Quinn & Son, of Thomas Penders and of Hagan and Daly, heretofore made and entered into by the board of education of Long Island City for the fitting up and furnishing of a school building used for the First ward grammar school of said city, situated on Sixth street, near Jackson avenue, being the building occupied as such school during the year eighteen hundred and ninety-two, so far as such contracts are invalid for the reason that the same were entered into without the confirmatory vote of at least five members of the common council of said city, or because of any failure to comply with any provision of the charter of said city or of any special law applicable to said city, are hereby made valid and binding on said city and on said board of education and its successors in the same manner and with the same effect in all respects as though such confirmatory vote had been given prior to the mak[SENATE JOURNAL ] 207 |
