Votes and Proceedings

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, as follows:

Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

The Assembly bill entitled "An act to amend the charter of the city of Albany passed March 16, 1870, and the several acts amendatory thereof," was read a third time.

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in the passage of the same. A message from His Excellency the Governor was received and read in the words following:

To the Senate:

STATE OF NEW YORK EXPOUTIVE, CHAMBER,}

March 15, 1872.

In compliance with a joint resolution of the Senate and Assembly, I return herewith for amendment Senate bill No. 22, entitled "An act authorizing the Syracuse and Northern Railroad Company to extend its road and make certain connections, etc.

JOHN T. HOFFMAN.

The President put the question whether the Senate would agree to reconsider the vote upon the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, as follows:

On motion of Mr. D. P. Wood, and by unanimous consent, the sanie was amended as follows:

Strike out the second section thereof; amend the third section by striking out all after the word "before," in line 11 down to and includ

ing the word "act" in line 14, and insert in place thereof the words "any mortgage lien under this act is created."

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

Said bill, as amended, was then read a third time.

The President then put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, as follows:

Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence in said amendments.

message

from His Excellency the Governor was received and read in the words following:

To the Senate:

I return, without approval, Senate bill (not printed), entitled "An act for the relief of Cornelia Townsend."

The bill provides that the commissioners of taxes and assessments in the city of New York shall examine the assessment roll for widening Laurens street from Canal to Amity, and extending from Amity to Fourth, and thence across Washington square to Fifth avenue; and if it shall appear to them that the amount assessed upon the property of Mrs. Cornelia Townsend in Fourth street is unjust and excessive, as compared with the assessments upon other property in said vicinity, the said commissioners shall order said assessment roll to be corrected, and fix the assessment to be paid by Mrs. Townsend at such amount as, in thelr judgment, shall be right and just, and such amount shall be paid instead of the amount now on said assessment roll.

The bill must have been passed, it seems to me, under a misapprehension, on the part of the Legislature, of the proper' duties of the commissioners of taxes and assessments in the city of New York. They have to do only with assessing property for the purpose of the regular annual taxes; have no control of the assessment rolls made up in cases of street openings by commissioners appointed by the courts, and have no natural connection or familiarity with that business. They would be acting, in the duty by this bill, imposed on them, without the sanction of an official oath, to set aside the doings of other officers who had acted under an official oath. It would be as proper for the Legislature to devolve on any other four persons, not in official position, the duty of reviewing and correcting the action of commissioners duly appointed by a court of law. Moreover, if this one assessment is to be reduced in amount, a deficiency will exist in the fund necessary for the payment of the expense of the street opening, which deficiency must be made

in some way.

The commissioners of taxes and assessments have no power to reassess this deficiency upon the other owners of property benefited, nor to provide for it by authorizing the amount thereof to be paid out of the city

[SENATE JOURNAL.]

treasury. The deficiency can be made up only by the city at large assuming the amount; in this the tax commissioners have no powers.

The case may be a hard one for the party seeking relief; but there is no proper way of giving relief, now that the assessment has been confirmed by the court, except for the city authorities to pay out of its treasury to the party aggrieved, by way of donation, whatever sum may be found by them to be just.

I doubt not that the Legislature will agree with me, when they come to reconsider the bill, that it ought not to pass into a law. JOHN T. HOFFMAN.

Mr. Benedict moved to lay said message upon the table. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

By unanimous consent, Mr. Benedict, from the committee on literature, to which was referred the bill entitled "An act authorizing the city of Rochester to issue bonds to an amount not to exceed seventy-five thou sand dollars, for the purpose of building a free academy," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

By unanimous consent, Mr. Benedict, from the committee on literature, to which was referred the bill entitled "An act to provide for the endow ment of the Unadilla Academy," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

By unanimous consent, Mr. Benedict, from the committee on literature, to which was recommitted the bill entitled "An act to amend an act entitled 'An act in relation to the establishment of a normal and training school in the village of Plattsburgh, to be called the Plattsburgh normal and training school, passed May 7, 1869," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

By unanimous consent, Mr. Madden, from the select committee. appointed upon that subject, to which was referred the bill entitled "An act to provide for furnishing two statues of eminent deceased citizens of this State, to be placed in the capitol at Washington, in compliance with the invitation of the President of the United States," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

By unanimous consent, Mr. Baker, from the committee on railroads, to which was referred the bill entitled "An act to authorize the extension and construction of railroad tracks in Tenth street, and other streets and avenues in the city of New York," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole

Mr. Madden moved that the bill entitled "An act to authorize the Bleecker Street and Fulton Ferry Railroad Company, of the city of New York, to extend their railroad tracks through certain streets and avennes in the city of New York," be recommitted to the committee on railroads. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Mr. Adams offered the following:

Resolved, That the bill entitled "An act to incorporate the Manhattan Loan and Trust Company of the city of New York," be recommitted to the committee on banks, for the purpose of amendment, retaining its place on general orders.

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

Mr. Chatfield offered the following:

Resolved, That the report of the select committee to investigate the charges against Senator James Wood be accepted and the committee discharged from further consideration of the subject.

Resolved, That Hon. James Wood, Senator of the thirtieth district be, and is hereby, expelled from his seat as a member of this Senate. Mr. Chatfield moved to lay the same upon the table.

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

Mr. Chatfield offered the following:

Resolved, That the standing committee on railroads be requested to report to the Senate the bill entitled "An act to repeal an act entitled 'An act to amend an act entitled An act to authorize the formation of railroad corporatio 8, and to regulate the same, passed April 2, 1850, so as to permit municipal corporations to aid in the construction of railroads, passed May 19, 1869."

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

Mr. Lowery offered the following:

Resolved (if the Assembly concur), That our Senators in Congress are hereby instructed, and the representatives of the State of New York in Congress requested to vote for, and endeavor to secure the early passage of a bill introduced in the United States Senate by Senator Pomeroy, February 7, 1872, which bill (herewith annexed) provides for a commission of inquiry: first, relative to the results of prohibitory and restrictive legislation for the suppression of intemperance; second, concerning the results of the legalized liquor traffic, as related to the general welfare of the communities wherein it prevails; and third, to consider and recommend what legislation, if any, would be beneficial on the part of Congress, to prohibit, within the jurisdiction of the national government, the manufacture, importation and sale of all intoxicating liquors to be used as a beverage.

By unanimous consent the rule was suspended, and Mr. Lowery moved that said resolution be referred to the committee on the judiciary.

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

Mr. D. P. Wood offered the following:

Resolved (if the Assembly concur) That the Governor of this State is hereby authorized to appoint two commissioners to represent the State of New York in the International Congress on the prevention and suppression of crime, to be held in the city of London, on the third day of July, 1872.

Ordered, That said resolution be laid on the table.

The hour of 1 o'clock having arrived, the Senate went into executive session; and, after some time spent therein, the doors were opened and legislative business was resumed.

Mr. Palmer moved that the bill entitled "An act to repeal an act entitled 'An act to amend an act entitled An act to amend and consolidate the several acts in relation to the village of Rhinebeck,' passed February 2, 1867, passed April 21, 1870," be recommitted to the committee on the affairs of villages.

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

The Assembly bill entitled "An act for the better prevention of the procurement of abortions and other like offenses, and to amend the laws relative thereto," was read a third time.

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

Mr. D. P. Wood presented a memorial of the American Woman's Suffrage Association for an amendment to the constitution abolishing political distinctions on account of sex.

Mr. D. P. Wood offered, in connection therewith, the following:

Resolved (if the Assembly concur), That a joint committee of three on the part of the Senate, and five on the part of the House, be appointed for the consideration of the memorial of the American Woman's Suffrage Association, and that said memorial be referred to said committee.

By unanimous consent, the rule was suspended in order that said resolution might be considered immediately.

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

By unanimous consent the rule was suspended, and the Clerk ordered to deliver said resolution to the Assembly, and request their concurrence therein.

Mr. Tiemann presented a communication from the commissioners of public works of the city of New York relative to the repeal of the act to provide a never-failing supply of pure and wholesome water in said city; which was laid on the table and ordered printed.

(See Doc. No. 58.)

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

"An act to incorporate the Board of Home Missions of the Presbyterian Church in the United States of America, and to enable the Presbyterian Board of Home Missions, formerly the Presbyterian Committee of Home Missions, to transfer its property to said new corporation, and to vest in such new corporation the corporate rights, franchises, and privileges of the former body, and also to enable said new corporation to accept a transfer of the property of the Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian Church in the United States of America, and to become the legal successor of the said last mentioned corporation."

Assembly, "An act to incorporate the New Rochelle Männerchor. "An act to amend the charter of the National Burglar Insurance Company of the city of New York, passed May 8, 1868."

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