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"An act providing that the police commissioners of the city of New York in their discretion may reappoint George Curtis Dubois, an ex-policeman of the city of New York, who resigned from said police department October 6, 1887." (Int. No. 941.)

THEODORE ROOSEVELT.

Ordered, That the Clerk transmit said bill to the mayor of the city of New York for a hearing pursuant to the provisions of the Constitution.

The Assembly sent for concurrence a resolution in the words following:

Resolved (if the Senate concur), That a respectful message be sent to the Governor, requesting the return to the Asssembly of Assembly bill No. 2050, entitled "An act to amend the Benevolent Orders Law relating to the Benevolent and Protective Order of Elks" (Rec. No. 579), for the purpose of amendment.

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

Ordered, That the Clerk return said resolution to the Assembly, with a message that the Senate have concurred in the passage of the same.

By direction of the President the Clerk called the roll, when the following inembers answered as their names were called:

Ramsperger

Rice

Sherwood

Stranahan

Thornton

Wagner

White

Wilcox

Willis

Ahearn
Ambler

Davis G A Grady
Donnelly

Graney
Havens

Higgins

Humphrey
Johnson

Krum

La Roche
Mackey

Armstrong Douglas

Brackett Ellsworth

Brown

Elsberg
Featherson

Chahoon

Coffey

Feeter

Coggeshall Foley
Cullen

Davis D F

Ford
Goodsell

Malby

Marshall

Martin

McCarren

Mitchell

Munzinger

Parsons

Plunkitt

Raines

47

The bill (No. 1467) "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), having been announced for a third reading,

Mr. Ford moved that said bill be recommitted to the committee on affairs of cities, with instructions to said committee to report the same forthwith amended as follows:

Page 7, line 16, after the word "auction" insert the words or pursuant to a grant."

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Same line, after the word "sale" insert the words "or grant.' Page 10, line 10, strike out the word "three" and insert the word "two."

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Same page, line 12, strike out all after the semicolon and the following lines down. to and including the word "provided" in line 26 and insert in lieu thereof the words "or, second, if the said board shall deem construction by the city to be impracticable for any reason, then in its discretion by a grant of the rights, privileges and franchises to construct, equip, operate and maintain the said rapid transit railway or railways to a railroad corporation already organized or to one which may hereafter be organized under and subject to the provisions of the general corporation laws and the railroad law, except as otherwise expressly provided in this act."

Page 11, line 8, strike out all after the period and all of the following lines on the said page, also the first three words in line 1 of page 12, and insert in lieu thereof the words "The board of rapidtransit railroad commissioners shall, if it adopts the second method of construction aforesaid, proceed to make the grant of the rights, privileges and franchises to construct, equip, operate and maintain such rapid transit railway or railways in the manner following: Said board shall hold at least two public meetings prior to the first day of July, 1899, in the city wherein said rapid transit railway or railways is proposed to be constructed, of which meetings they shall give due and timely notice by advertisement in at least five daily newspapers published in said city, such meetings to be held on or after the fifteenth day of May and June, 1899, respectively, for the purpose of receiving suggestions as to the plans, specifications, construction and operation of said railway or railways. Said board shall commence on the second day of October, 1899, and for four consecutive weeks thereafter in five daily newspapers in the city where said railway or railways are proposed to be constructed, at least three times each week, advertise for sealed proposals and terms for the construction, equipment, operation and maintenance of the railway or railways provided for in this act, subject, however, to any change or improvement which said board of rapid transit railroad commissioners may deem to be in the public interest. Such advertisement shall include so much of the plans and specifications for the construction and operation of said railway or railways as the board may deem proper, but such advertisement shall state at what place the general plans and maps of routes may be examined. All such sealed proposals shall be submitted on or before January 2, 1900, at 12 o'clock noon, at which time said proposals shall be promptly opened, and they shall thereafter be and become a public record, and be kept available to the general public at all reasonable hours."

Page 12, line 1, inclose in brackets all after and including the word "notice" down to and including the word "prescribe" in line 12, restoring the matter inclosed to its original form by striking

out the brackets in line 4, same page, striking out the word "shall " in said line, also the words "in writing" in the same line.

Same page, line 13, strike out the words "terms of sale" and insert in lieu thereof the word "proposals."

Same page, line 16, strike out all after and including the words "corporation or corporations" down to and including the word "provided" in line 18, and insert the word "grantee."

Same page, line 22, strike out the word "sale" and insert the words" said grant."

Same page, line 22, strike out the words "successful bidder" and insert the word "grantee "

Same page, line 25, after the word "compliance" insert the words "by the grantee

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Same page, line 26, strike out all after and including the word sale," also the following line, being the first line on page 13, and the words "hereinafter provided" in line 2 of page 13, and insert the words "the grant."

Page 13, line 2, strike out the word "bids" and insert the word "grant."

Page 13, line 4, strike out the word "two" at the end thereof, also the following words in the next line down to and including the word "corporation" and insert the words " on the part of the grantee." Same page, line 6, strike out the word "sale" and insert the word "the grant."

Same page, line 7, strike out all after the word "terms" and all of line 8 down to and exclusive of the first word "and" in line 9.

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Same page, line 10, strike out the words " of sale.

Same page, line 13, strike out the word "bid" and insert the word "grant.'

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Same page, line 16, strike out the word "sold" and insert the word "granted."

Same page, line 17, strike out the word "sales" and insert the word "grants."

Same page, same line, strike out the word "sale" and insert the words "the grant."

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Same page, line 19, strike out the words "of sale."

Same page, line 22, strike out the words "of sale."

Page 14, line 1, strike out all after and including the word "corporation" down to and including the word "railway" in line 2 of the same page, and insert the word "grantee."

Same page, line 10, strike out the word "resell" and insert the words "make a new grant."

Same page, line 13, strike out the word "corporation" and insert the word "grantee."

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Same page, line 14, strike out the word "resale" and insert the word "new grant."

Same page, line 15, strike out the word "resale" and insert the words "new grant.'

Same page, line 17, strike out all after the word "corporation " down to and including the word "but" in line 5, page 15.

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Page 15, line 8, strike out all after the word "act" down to and including the word "fare" in line 12.

Same page, line 14, strike out the words "bids" and insert the word "proposals."

Same page, line 15, strike out all after the word "for" down to and including the word "sale," and insert the words "new prcposals and terms."

Same page, line 17, strike out the word "bid" and insert the word "proposal."

Same page, line 18, strike out the word "bid" and insert the word "proposal."

Same page, line 19, after the word "board" insert two new sentences to read as follows: "The grant to be made upon the acceptance of such proposals shall be in writing and under the seal of the said board, to be duly attested by its secretary and signed by its president and shall be duly executed by every grantee. It shall be executed in several originals, one of which shall be delivered to each grantee, another of which shall be recorded in the office of the clerk of the county in which the said railway or railways shall be situated and another of which shall be filed in the office of the secretary of said board."

Same page, line 20, strike out the word "sale" and insert the words "the grant." Also, strike out the word "resale" and insert the words" new grant."

Same page, line 21, strike out the last word in said line, all of the following line and the words in line 23 down to and including the word "board."

Same page, line 23, strike out the word "sales" and insert the word "grants."

Same page, line 25, strike out the word "sold."

l'age 16, line 4, strike out the word "sold" and insert the word "granted."

Same page, line 4, after the first period insert the words: "The said grant shall be for a term not to exceed fifty years from the time when it is made and shall provide for a readjustment of the terms upon which it may be renewed, such renewal to be for a period not to exceed twenty-five years. Such readjustment of terms and renewal shall be made at the expiration of each twenty-five years thereafter, and said grant shall also provide for the determination of the terms of such renewal by arbitration or by the supreme court. It shall also provide for a valuation of the property of the grantee employed in and about the construction, equipment, operation and maintenance of said rapid transit railway or railways exclusive of the value of the rights, privileges and franchises to construct and operate such rapid transits railway or railways, and for the purchase of said property at such valuation by the city at its option at the expiration of each and every period of readjustment aforesaid. In case at the expiration of any such period the city shall elect to purchase the property of the grantee as hereinbefore

provided, it may at its option issue its gold bonds bearing not less than three per cent. interest to the amount of the valuation of such property, and such bonds shall be accepted by the grantee at their par value in full payment for the property purchased as aforesaid. Any such valuation shall include all the property rights of the grantees in and to all galleries, pipes, subways or c nduits, controlled or used by such grantee. The board of rapid transit railroad commissioners shall at all times within all reasonable hours have free and unobstructed access to the books and records of the grantee for the purpose of determining the original cost of the said railway or railways, the amount of the gross receipts and the expenses of operation.

Page 16, line 7, strike out the words "or third.”

Same page, line 16, strike out all of the words in said line and insert thereof the word "repealed."

Strike out all of section 11 of the original act accordingly.

Page 18, line 9, strike out the word "three" and insert the word "two."

Same page, line 17, strike out the word "three" and insert the word "two."

Page 19, line 9, after the period at the end of said line insert the words "But this exemption from taxation shall only apply to a rapid transit railway constructed under the provisions of this act." Page 22, line 6, strike out the word "and" and insert the word

"or."

Page 23, line 15, strike out all of said line and the following lines down to and including the word "thereto" in line 22.

Same page, line 25, strike out all after "32" and the following line and on page 24 strike out all down to and including the word "railways "in line 17.

Same page, line 18, strike out the brackets.

Page 25, line 15, strike out the brackets.

Same page, line 16, strike out the brackets, also the word "the" which is underscored.

Same page, line 17, strike out all of said line and the following line down to and including the word tracks" in line 23.

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Same page, line 25, strike out the word "grantee" and insert the word "railroad."

Page 26, line 2, strike out all after the word "proper" and the following lines down to and including the word " readjustment" in line 7 of said page..

Same page, line 10, strike out the brackets, also the word

"company.

Same page, line 26, strike out the words "grant or."
Page 27, line 4, strike out the words "if any."

Same page, lines 5 and 6, strike out the words "grant or."

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Same page, line 8, strike out the words "if any.

Same page, line 10, strike out all after the period, and the following lines down to and including the word "section" in line 23.

[SENATE JOURNAL.]

217

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