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Mr. Benedict moved to recommit said bill to the committee on the affairs of cities, with instructions to amend as follows:

Strike out the amendment made in the committee of the whole to section 31, and restore the following:

"$31. The department of public works shall be under the charge of five commissioners, who shall be a board to be called the commissioners of public works. One of said five commissioners shall be appointed by the mayor between the first and fifteenth days of May in each year, and shall receive an annual salary of seven thousand five hundred dollars. The remaining four commissioners shall be elected by the board of aldermen, within the same period, and shall receive no compensation. At such election each alderman shall give not more than four open

ballots, upon each of which shall be printed or written the name of one candidate for the office of commissioner, and each of which shall be signed by the member voting. Each alderman may give the whole of his ballots for one and the same candidate, or may distribute them among four different candidates, or a less number, in such proportion as he may see fit. The clerk of the board of aldermen shall record said votes, stating the name of the alderman voting, and the names of the persons voted for. The four persons having the largest number of votes shall be deemed elected. In the event of a failure to elect four commissioners, by reason of less than four persons having been voted for, or by reason of two or more of the persons voted for having received an equal number of votes, under such circumstances that there shall be no full number of four persons having received a higher number of votes than all others, a new election for four commissioners shall forth with be held in the same manner.

The commissioners so elected, respectively, shall hold office from the fifteenth day of May next succeeding their election, until the fifteenth day of May of the next following year, and until others are appointed and elected in their places and shall have qualified, unless removed as hereinafter provided.”

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

Benedict Bowen

Adams Allen Baker Chatfield

18

FOR THE AFFIRMATIVE.
Jobnson Lowery O'Brien

Winslow
Lewis

7
FOR THE NEGATIVE.
Cock
Lord
Perry

Wagner
Dickingon McGowan Robertson Weismann
Foster
Madden

Tiemann D. P. Wood
Harrower Palmer
Mr. Benedict moved to recommit said bill to the committee on the
affairs of cities, with instructions to amend as follows:
Strike out sections 66 and 67 as amended in the committee of the
whole, and restore the following:

"$ 66. The department of finance shall be under the charge and control of the comptroller of the city and county of New York, and of four 'commissioners of the treasury, who, together, shall constitute a board to be called the board of finance.»

“8 67. The comptroller shall be appointed by the mayor, and shall be removable at his pleasure. The comptroller may appoint, and at his pleasure remove, a deputy comptroller, who shall be appointed in the manner and be vested with the powers now described by law, and shall receive an annual salary of five thousand dollars. The four commissioners

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of the treasury shall be elected by the board of aldermen in the manner hereinbefore provided and prescribed for the election of commissioners of public works, and shall be subject to removal in like manner. All the provisions of sections thirty-one and thirty-two of this act, as to appointments, elections, and removals, shall be applicable to the said five chief officers of this department respectively.”

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

FOR THE AFFIRMATIVE.

Lowery O'Brien

Benedict
Bowen

Johnson
Lewis

Winslow

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FOR THE NEGATIVE.
Adams
Cock
Lord
Palmer

Wagner
Allen
Dickinson McGowan Perry

Weismann
Baker
Foster
Madden

Robertson D. P. Wood Chatfield Harrower Murphy Tiemann

19 Mr. Lewis moved to recommit said bill to the committee on the affairs of cities, with instructions to strike out in section 44 the following words:

“Two judges of the supreme court” in lines one and two, and insert “

mayor and register” in lieu thereof; also strike out, in line 2, the words “ who have the longest time to serve.

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

FOR THE AFFIRMATIVE.
Allen
Johnson
Lord

Madden O'Brien
Cock
Lewis

Lowery Murphy J. Wood
Harrower

11
FOR THE NEGATIVE,
Adams
Bowen

McGowan Robertson Weismann
Baker
Chatfield Palmer

Tiemann Winslow
Benedict Dickinson Perry

Wagner

D. P. Wood 15 Mr. O'Brien moved to recommit said bill to the committee on the affairs of cities, with instructions to amend as follows:

Strike out section 31, and insert the following:

“$31. The department of public works shall be under the charge of five commissioners, who shall be elected on the fourth Tuesday in April, eighteen hundred and seventy-two, by the qualified voters of said city, and on the second Tuesday of April in every alternate year thereafter, and shall hold their offices for the term commencing on the first Monday of May next after their election, and ending on the first Monday of May in every second year thereafter. They shall each receive an annual salary of five thousand dollars.”

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

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Mr. O'Brien moved to recommit said bill to the committee on the affairs of cities, with instructions to amend as follows: Amend section 67 as follows: Strike out the words “appointed by the inayor” in the first line, and insert in lieu thereof the words “ elected by the qualified voters of said city, on the fourth Tnesday of April, eighteen hundred and seventy-two, and on the second Tuesday in April in every alternate year thereafter, and shall hold his office for the term of two years commencing on the first Monday of May next after his election, and ending on the first Monday of May in every second year thereafter.”

Then strike out the words “and shall be removable at his pleasure” in the first and second lines of said section.

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

FOR THE AFFIRMATIVE,
Johnson O'Brien

• 2
FOR THE NEGATIVE.
Adams
Chatfield Lewis

Palmer

Wagner
Allen
Cock
Lord
Perry

Weismann
Baker
Dickinson Lowery

Robertson D. P. Wood
Benedict Foster

McGowan Tiemann J. Wood Bowen Harrower Madden

23 Mr. O'Brien moved to recommit said bill to the committee on the affairs of cities, with instructions to amend as follows:

Amend section 79 by striking out the word " appointment” in line 5, and insert the word "selection " in lieu thereof. Then strike out the balance of the section, and insert the following: “He shall be elected by the qualified voters of the city of New York on the fourth Tuesday in April

, eighteen hundred and seventy-two, and on the second Tuesday in April of every alternate year thereafter, and shall hold his office for the term of two years commencing on the first Monday of May next after bis election, and ending on the first Monday of May in every second year thereafter."

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

FOR THE AFFIRMATIVE.
Murphy O'Brien

3
FOR THE NEGATIVE.
Chatfield Lewis

Perry

Weismann
Cock
Lowery

Robertson Winslow
Dickinson McGowan Tiemann D. P. Wood
Harrower Madden

Wagner

J. Wood 20 Mr. O'Brien moved to recommit said bill to the committee on the affairs of cities, with instructions to amend as follows:

Strike out section 92, and insert in lieu thereof the following:
**** 92. No appropriation shall be made of the public money to any pri-
rate or sectarian or denominational school, unless by a two-thirds vote
of the board of aldermen.'
The President put the question whether the Senate would agree to said
motion, and it was decided in the negative, as follows:

FOR THE AFFIRMATIVE.
Johnson Murphy

O'Brien

Tiemann 5

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Johnson

Adams Allen Baker Benedict

Cock

FOR THE NEGATIVE.
Adams
Bowen
Lewis
Palmer

Weismann
Allen
Chatfield Lord

Perry

Winslow
Baker
Dickinson Lowery

Robertson D. P. Wood
Benedict Harrower McGowan Wagner

J. Wood 20 Mr. Winslow moved to recommit said bill to the committee on the affairs of cities, with instructions to strike out section 2, and insert the following:

“$ 2. The legislative power of the said corporation shall be vested in a board of aldermen, which shall consist of not more than forty-five members, one-fifth to be elected, as hereinafter provided, in each senate district of the city, as now established by law.”

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

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FOR THE NEGATIVE.
Adams
Chatfield Johnson

Palmer

Wagner
Allen
Dickinson Lewis

Perry

D. P. Wood
Baker
Foster

McGowan Robertson J. Wood
Benedict Harrower Murphy Tiemann

19 Mr. Murphy moved to recommit said bill to the committee on the affairs of cities, with instructions to amend as follows:

Amend section 4 by striking out all after the word "alderman," and insert in lieu thereof the words “ which shall contain one name, and at the same election each voter in each Assembly district may give one ballot, as aforesaid, which shall contain two names.”

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

FOR THE AFFIRMATIVE.
Cock
Lord
Murphy O'Brien

Tiemann
Johnson

FOR THE NEGATIVE.
Adams
Bowen
Harrower Palmer

Wagner
Baker
Chatfield Lewis

Perry

D. P. Wood Benedict Dickinson McGowan Robertson J. Wood

Mr. Murphy moved to recommit said bill to the committee on the affairs of cities, with instructions to strike out the enacting clause.

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

FOR THE AFFIRMATIVE.
Cock
Murphy O'Brien
Tiemann

4
FOR THE NEGATIVE,
Adams
Chatfield Lewis

Perry

Winslow
Allen
Dickinson Lowery

Robertson D. P. Wood
Baker
Foster
McGowan
Wagner

J. Wood
Benedict Harrower Palmer

Weismann

19 Mr. Lord moved to recommit said bill to the committee on the affairs of cities, with instructions to arnend the title so as to read as follows:

“An act to amend the election law of the city of New York, and to legalize repeating in said city."

15 9

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

FOR THE AFFIRMATIVE,
Cock
Lord
Murphy
Tiemann

4
FOR THE NEGATIVE.
Adams
Dickinson Lowery

Palmer

Weismann
Allen
Foster
McGowan Perry

Winslow
Benedict Harrower Madden

Robertson D. P. Wood
Bowen
Lewis
O'Brien

Wagner J. Wood
Chatfield

21 Mr. Jobnson asked to be excused from voting. The President put the question whether the Senate would agree to said request, and it was decided in the affirmative.

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, and three-fifths of said members being present, as follows:

FOR THE AFFIRMATIVE,
Adams

Chatfield McGowan Robertson Winslow
Allen
Dickinson Madden

Wagner

D. P. Wood
Baker
Graham
Palmer

Weismann J. Wood
Benedict
Harrower Perry

18
FOR THE NEGATIVE.
Bowen
Johnson
Lord

Murphy Tiemann
Cock
Lewis

Lowery O'Brien When the name of Mr. Foster was called, he asked to be excused from voting.

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

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. Allen offered the following:

Resolved (if the Assembly concur), That a respectful message be sent t His Excellency the Governor, requesting the return to the Senate of Senate bill, being “An act authorizing the town of Little Valley, Cattaraugus county, to issue bonds to pay its indebtedness incurred in the building of the court-house and jail in said town.” 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 immediately, and request their conenrrence therein. Mr. Lewis, from the committee on canals, to which was referred the Assembly bill entitled "An act to provide for the completion of lock No. 2, on the Erie canal, and to make an appropriation for said object, reported in favor of the passage of the same.

On motion of Mr. Lewis, and by unanimons consent, the rule was suspended and said bill was read a third time. (SENATE JOURNAL

65

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