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Same page, line 23 and 24, strike out the brackets, change the word "railway" to "railroad," and strike out the words

66

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grantee company.

com

Same page, line 26, strike out the brackets, also the word “ pany" and change the word "railway" to "railroad."

Page 28, line 4, strike out the word "railway."

Same page, line 6, strike out the brackets, also the words 'grantee company," and change the word "railway" to "railroad." Same page, line 7, strike out the word "grant."

Same page, lines 8 and 9, strike out the words "if any."

Same page, line 11, strike out the brackets, also the words grantee company," and change word "railway Same page, line 14. strike out the brackets, also the word "grantee," and change the word "railway" to "railroad."

railway" to "railroad.”

Same page, line 18 and 19, strike out the words underscored. Page 29, line 1, strike out the brackets, also the words " grantee company," and change the word "railway" to "railroad."

Page 30, line 1, strike out the words "under this section" and insert the words "under section seven of this act."

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Page 34, line 15, strike out the last word "or," all of the following line, and all of line 17 to and including the word "act."

Same page, line 19, strike out all after the word " seven," and all of line 20 and down to and including the word "thirty-two" in line 21.

Same page, line 22, strike out the words "or contract.'
Same page, line 26, strike out the words " or contract."
Page 35, line 1, strike out the words "or section thirty-two."

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

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Mr. Stranahan, from the committee on affairs of cities, reported said bill amended as directed, and the same was ordered reprinted and placed on the order of third reading.

Mr. Ellsworth moved that the Senate take a recess until 4.30

o'clock p. m.

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

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FOUR O'CLOCK AND THIRTY MINUTES P. M.

The Senate again met.

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

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 25, 1899.

To the Senate :

The nomination of F. Park Lewis, of Buffalo, as trustee of the New York State School for the Blind, is hereby respectfully withdrawn.

THEODORE ROOSEVELT.

Said communication was referred to the committee on finance.
Also the following:

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 25, 1899.

To the Senate:

I hereby nominate as trustees of the New York State School for the Blind, Courtland Cressman, of Alexander, whose term of office has recently expired; Arthur W. Wheelock, of Leicester, to succeed Nelson Bogue, whose term of office has expired, and William S. Grattan, of Buffalo, in the place of F. Park Lewis, whose term of office has expired.

THEODORE ROOSEVELT.

Said nominations was referred to the committee on finance.

Also the following:

STATE OF NEW YORK- EXECUTIVE CHAMBER.

To the Legislature :

It appearing to my satisfaction that the public interest requires

it:

Therefore, In accordance with the provisions of section 15 of article 3 of the Constitution and by virtue of the authority thereby conferred upon me, I do hereby certify to the necessity of the immediate passage of Senate bill No. 1489 (Int. No. 585) 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."

Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this 25th day of April, in [L. S.] the year of our Lord 1899.

THEODORE ROOSEVELT.

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Secretary to the Governor.

Mr. Grady moved to take from the table the motion to reconsider the vote by which Assembly bill No. 1328, entitled "An act to amend the canal law, relating to the time of opening the State canals" (Rec. No. 267), was lost.

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.

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 affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

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McCarren. Rice
Mitchell
Munzinger

Raines
Stranahan

Plunkitt
Ramsperger

Mackey

Malby
Marshall

Wagner

Willis

Thornton
White

Mr. Ellsworth 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:

26

12

Raines

Ramsperger

Rice

Brackett

Brown

Chahoon

Coffey
Coggeshall Feeter

Cullen

Foley

Ahearn

Ambler

Coffey

Douglas

Graney

Ellsworth Havens

Elsberg

Featherson

Cullen

Davis D F
Davis G A

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. Higgins and Wilcox, each of whom, upon giving satisfactory explanation for being absent, was excused.

Mr. Ellsworth moved tha 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.

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 affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

FOR THE AFFIRMATIVE.

Donnelly

Douglas

Elsberg

Grady

Graney
Havens

Coggeshall Featherson Johnson

La Roche
Mackey

Brown

Chahoon

Foley

Ford

Goodsell

Armstrong Ellsworth

Feeter

Higgins

Martin
McCarren

Sherwood
Stranahan

Humphrey Mitchell Thornton
Munzinger Wagner

Johnson

Krum

Parsons

White

La Roche

Plunkitt

Willis

Malby
Marshall

Martin
McCarren
Mitchell
Munzinger

FOR THE NEGATIVE.

Humphrey

Krum

Parsons

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Plunkitt
Ramsperger

Rice

Wagner
Wilcox

Willis

Raines
Sherwood White
Stranahan

45

Thornton

32

14

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

The bill (No. 1300) entitled "An act to amend chapter 09 of the Laws of 1896, entitled 'An act in relation to the elections, constituting chapter 6 of the general laws,' and the several acts amend atory thereof" (Int. 608), having been announced for a third reading,

Mr. Raines moved that said bill be recommitted to the committee on the judiciary, with instructions to said committee to report the same forthwith amended as follows:

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Strike out all of sections 9 and 10; renumber section 11 as section 9; section 12 as section 10; section 13 as section 11; section 14 as section 12.

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

Mr. Brackett, from the committee on the judiciary, reported said bill amended as directed, and the same was ordered reprinted and placed on the order of third reading.

Mr. Malby, from the committee on codes, to which was referred the Assembly bill introduced by Mr. Gardiner, Rec. No. 692, entitled "An act to amend the Code of Civil Procedure, in relation to the expense of printing court calendars" (No. 2337), 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. Malby, from the committee on codes, to which was referred the Assembly bill introduced by Mr. Hill, Rec. No. 726, entitled "An act to amend the Code of Civil Procedure, relative to the designation of the person upon whom to serve process, during the absence of a resident from the State" (No. 2399), 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. Malby, from the committee on codes, to which was referred the Assembly bill introduced by Mr. Davis, Rec. No. 705, entitled "An act to amend section eight hundred and twelve of the Code of Civil Procedure, relative to bonds and undertakings (No. 2344), 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. Malby, from the committee on codes, to which was referred the Assembly bill introduced by Mr. M. E. Lewis, Rec. No, 315, entitled "An act to amend the Code of Civil Procedure relative to

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