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bly out of its order, Senate bill No. 1467, entitled "An act to amend chapter 4 of the Laws of 1891, entitled 'An act to provide for rapid transit railways in cities of over 1,000,000 inhabitants, and the acts amendatory thereof.” (Int. No. 585.)

The bill (No. 1417) entitled “ An act for the protection of the lives and property of residents of hotels or public or private institutions having accommodations for more than 25 persons" (Int. No. 880), having been announced for a third reading.

Mr. Brackett moved that said bill be reconninitted to the committee on internal affairs of towns and counties.

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

Mr. White moved that the calendar of general orders be made a special order for Monday evening after unessages from the Assembly.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, twothirds of all the Senator's present voting in favor thereof.

The Clerk presented the following communication:

LIEUTENANT-GOVERNOR'S Room,

April 21, 1899. I hereby designate Senator Malby to preside at the session of the Senate on Saturday, April 22, in the absence of the temporary President.

TIMOTHY L. WOODRUFF.

Mr. Ellsworth moved that when the Senate adjourn it be until 11 o'clock to-inorrow morning.

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

Mr. Ellsworth moved that the Senate do now adjourn.

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

Whereupon the Senate adjourned.

SATURDAY, APRIL 22, 1899.

The Senate met pursuant to adjournment.

Mr. Malby in the chair, pursuant to designation by the President.

The journal of yesterday was read and approved.

Mr. Coggeshall introduced a bill entitled “ An act to amend the Banking Law and to repeal the provisions of the revised statutes and the Penal Code, in relation to sury" (Int. No. 1016), which was read the first time and by unanimous consent was also read the second time.

On motion of Mr. Coggeshall, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and printed, and referred to the committee on codes, retaining its place on the order of third reading.

The Assembly returned the following entitled bills with a inessage that they have concurred in the amendments of the Senate

thereto:

“An act declaring Spuyten Devil creek, Brant lake and Brant Lake creek, tributaries of the Schroon river, in the county of Warren, to be public highways, and providing for the assessment of damages to riparian owners thereof." (No. 1754, Senate reprint No. 1395, Rec. No. 432.)

"An act amending the. Fisheries, Game and Forest Law, in relation to certain fish that may be caught in lakes and waters named.” (No. 1735, Senate reprint No. 1402, Rec. No. 392.)

“An act making an appropriation for rebuilding the existing bridge over the Erie canal at Chapel street in the city of Lockpont.” (No. 1889, Senate reprint No. 1403, Rec. No. 511.)

"An act making an appropriation for the State Custodial Asylum for Feeble-Minded Women at Newark, N. Y.” (No. 1556, Senate reprint No. 1394, Rer. No. 456.)

Ordered, That the Clerk return said bills to the Assembly. The Assembly sent for concurrence the following entitled bills:

"An aot to amend section 1151 of the Code of Civil Procedure relating to the additional compensation of certain justices of the Supreme Court” (No. 2127, Rec, No. 694), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. McCarren, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and printed, and referred to the committee on codes, retaining its place on the order of third reading.

“An act to enable the commissioners of the police department of the city of New York to rehear and determine the charges against Thomas (assidy, a policeman of the first grade, for reinstatement, in said department” (No. 2387, Rec. No. 695), which was read the first time, and by inanimous consent was also read tlie second time.

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

“An act to amend chapter 312 of the Laws of 1898, entitled 'An ant increasing the jurisdiction of the city court of Albany and relative to a jury list in said court and regulating the practice therein” (No. 2375, Rec. No. 696), which was read the first time, and by unanimous consent was also read the second time.

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

“An act to amend chapter 36 of the Laws of 1873, entitled 'An act to provide for a supply of water in the city of Yonkers,' in relation to the rate of water rents” (No. 2377, Rec. No. 697,) which was read the first time, and by unanimous consent was also read the second time.

Mr. Grady moved that said bill be substituted for Senate bill No. 1295, Int. No. 953, 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.

A message from the Governor, at the hands of his secretary, was received and read in the following words:

STATE OF NEW YORK-EXECUTIVE CHAMBER,

ALBANY, April 22, 1899. To the Senate:

I hereby nominate as trustees of Washington's headquarters Russell Headley, of Newburgh, and David Carson, of Newburgh, [SENATE JOURNAL.]

208

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whose terms of office as such trustees 'have expired; Samuel V.. Schoonmaker, of Newburgh, to succeed John C. Adams, term of office expired, and Arthur A. McLean, of Newburgh, to succeed Joseph H. H. Chapman, term of office expired.

THEODORE ROOSEVELT. Also the following: STATE OF NEW YORK/EXECUTIVE CHAMBER,

ALBANY, April 22, 1899. To the Senate:

I hereby nominate as commissioners for loaning certain moneys of the United States, of the county of Jefferson, Albert Foster, Dexter, to succeed Alonzo E. Cheney, whose term of office has expired; and Charles D. Bingham, of Watertown, to succeed Reuben F. Steele, whose term of office has expired.

THEODORE ROOSEVELT.

of

The Senate went into open executive session, and after some time spent therein legislative business was resumed, and the I'resident announced that said nominations had been confirmed.

A message from the Governor, at the hands of his secretary, was received and read in, the following words:

STATE OF NEW YORK-EXECUTIVE CHAMBER,

ALBANY, April 22, 1899. To the Legislature:

There is now before your body a measure looking Coward the securing of rapid transit for the city of New York. I deem it of very great importance that a scheme providing for rapid transit in the city-should be passed at the earliest practicable moment. But it is even more important that this scheme should he one which will work for the ultimate benefit of the city. It does not seem to me wise that a franchise of this nature should be given in perpetuity. It would of course be best to have it owned by the muicipality; although I would point out to the advocates of municipal ownership that it is doubly incumbent upon them to take the most efficient means of rebuking municipal corruption and of insisting upon a high standard of continuous fidelity to duty among municipal employees. Only if the government of the municipality is honest will it be possible ever to justify fully the workings of municipal ownership.

While, however, giving full weight to these considerations, it vet seems unquestionable that if this measure can be undertaken by the municipality, it should be so undertaken. But if the measure must be undertaken by a private company, then the bill should be so framed as to throw open the competition to all responsible bidders, and the franchise should not in my opinion be given for more than fifty years, then to be revalued by arbitra ters or by the Supreme Court; the franchise to be thereafter continued for terms of twenty-five years, unless the city desires to take the road at the valuation agreed on.

We are most fortunate in having as commissioners under the present rapid transit act, men of the highest character and standing, in whose judgment the city has the utmost confidence. I believe that it is safe to give these commissioners a very large liberty in dealing with the rapid transit plan. Nevertheless in my judgment certain broad lines should be laid down within which they are to work. What the value of this franchise may be fifty years hence, no one can tell; and while, in view of the formidable difficulties of the undertaking, full provision should he made for ample reward to the private capitalists who go into the scheme, if it is deemed advisable to have it undertaken by private capital, yet the franchise should not be given in perpetuity, and provision should be made to remunerate the city if the franchise turns out to possess exceptional value.

THEODORE ROOSEVELT.

Said message was laid on the table and ordered printed.

(See Document.)

Mr. Higgins, from the committee on finance, to which was referred the Assembly bill intoduced by Mr. Allds, Rec. No. 671, entitled “An act to amend the Public Buildings Law, in relation to the office of State Architect” (No. 1609), reported in favor of the passage of the same, with some amendments, which report was agreed to.

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

Mr. Higgins, from the committee on finance, to which was referred the Assembly bill introduced by Mr. Lewis, Rec. No. 668, entitled "An act authorizing the canal board to terminate contracts made by the State of New York for the improvement of the Erie canal, Champlain canal and Oswego canal, and permitting return and payment to the contractors of the moneys deposited and earned by them under their contracts with the State of New York ” (No. 2347), reported in favor of the passage of

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