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intoxicating liquors, shall be prohibited; and to regulate the sale for medicinal, mechanical, chemical, or sacramental use, and to provide for the enforcement of this act,” reported the same to the Senate for its consideration, and said bill was committed to the committee of the whole.

Mr. Winslow moved that said bill be printed and made a special order for Thursday evening next at half-past seven o'clock.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, two-thirds of all the Senators present voting in favor thereof.

On motion of Mr. Murphy, the Senate adjourned.

WEDNESDAY, APRIL 24, 1872.

The Senate met pursuant to adjournment
No clergyman present.
The journal of yesterday was read and approved.

Mr. Murphy presented a remonstrance against the widening of Nevins street, Brooklyn; which was read and referred to the committee on the affairs of cities.

Also, a remonstrance against the widening of Boerum street, Brooklyn; which was read and referred to the committee on the affairs of cities.

Mr. Madden presented a petition in favor of an elevated railway on Second avenue, New York; which was read and referred to the committee on railroads.

Mr. Graham presented two petitions in favor of an act to amend the charter of the Sidney and.Unadilla Bridge Company; which were read and referred to the committee on roads and bridges.

Mr. Chatfield presented a remonstrance against amending the charter of the Sidney and Unadilla Bridge Company; which was read and referred to the committee on roads and bridges.

Mr. Palmer presented a petition relative to a public road in the county of Dutchess; which was read and referred to the committee on roads and bridges.

Mr. Weismann presented a petition of the trustees of the Patriot Orphan Home in the town of Flushing; which was read and referred to the committee on the judiciary.

A message from the Governor was received and read in the following words:

State of New , , }

ALBANY, April 24, 1872. To the Senate :

I return, without approval, Senate bill No. 143, entitled "An act relating to the town officers and local government of Newtown, in Queens

county.”

The bill alters, in many particulars, the form of local government and the powers of the town officers in this one town.

I have felt it my duty to withhold my official sanction from bills of this character. It is not wise, in my judgment, for the Legislature to undertake to govern every town separately; its duty is best discharged by

prescribing, in the general laws, as has been done, a form of government

, , for this numerous class of municipalities, and then leaving the people of each town, who have ample powers to do so under present laws, to guard against wrongs and to remedy them.

If the people fail or neglect to do their duty to themselves in any one town, they should not be encouraged in applications to the Legislature for special relief. If defects can be shown to exist in the present form of town government, the remedy is to amend the general laws.

This bill provides that, in this one town, only one justice of the peace shall be entitled to preside over the town meeting, which right belongs, by the general laws, to all the justices; and as this presiding over the town meeting carries with it the power of appointing the third or minority inspector of elections for the three election districts of the town, at the general election, it places in the hands of one man a power which,

, under the general laws, it has been thought wise to confide in the whole body of justices, or a majority of them. It authorizes the inspectors of one of the three election districts into which the town is divided to be inspectors of election at the town meeting, taking this duty out of the hands of the regular town officers as provided by the general laws of the State.

It confers on the supervisor alone the power of filling vacancies occurring in certain town offices for filling which vacancies other provisions are now made by law. In addition to these and other special provisions, which, if desirable at all, should be applied to all the towns of the State, the bill alters, for this one town, the general assessment law of the State and the manner of its' administration. It provides that the assessors of this town shall have power to issue process and compel the attendance of such tax-payers as they think ought to be assessed for personal property, and any person who fails to obey the summons, or answer any questions put by the assessors, shall be assessed at their discretion, and shall not be entitled to the right of review and correction of such assessment given by the general laws of the State.

It is obvious that most oppressive discrimination and injustice might be practiced under this power. Notice might be sent to a tax-payer while away from home, and he would be deprived of the right of having an erroneous assessment against him corrected, which his neighbors enjoy by law.

Moreover, it would put it in the power of the assessors to favor some, and do wrong to others of the tax-payers. Those whom they did not choose to summon would be left to enjoy the right of review and correction granted by the laws to all persons in such cases.

If this provision is a proper one, it should be incorporated into the general tax law of the State. It has no proper place in a law relating to one town. The provisions of the general law regulating the mode of levying and assessing taxes ought, if sufficient for other towns in the State, to be sufficient for Newtown.

It is claimed there are peculiar reasons for extraordinary legislation at this time, for this particular town, connected with the personal unfitness of the present justices for their duties. It is singular, if this be so, that this bill, while taking from the justices their general power to preside over town meetings, forbids any appropriation of money by the people of the town, unless the same shall first be proposed by the board of town auditors, of which board the justices constitute a majority of two-thirds. (SENATE JOURNAL.]

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Whatever be the facts, I am confident it is better to submit to temporary evils, until they can be remedied by the people in the ordinary method, than to seek to cure them by special laws such as this. Such laws tend only to encouraging the people in leaning unnecessarily on the Legislature, and in neglecting the active care of their own interests at home.

JOHN T. HOFFMAN. Mr. Cock moved that said message be laid upon the table.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. Also the following message from the Governor was received and read: STATE OF New York - EXECUTIVE CHAMBER,

ALBANY, April 24, 1872. To the Senate :

I return, without approval, Senate bill No. 357, entitled "An act for the organization and incorporation of the Lenox Farmers' and Mechanies' Association.”

All that the parties interested in this bill desire they can obtain by incorporating themselves under the general laws of the State; either under the law passed in 1855 for the incorporation of agricultural societies, or under the law passed at the present session of the Legislature relating to driving park and park associations, being chapter 248 of the Laws of 1872.

JOIN T. HOFEMAN. Mr. Winslow moved that said message be laid upon the table.

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

The Assembly returned the bills entitled as follows:
“An act to regulate elections in the city of Brooklyn.”

"An act in relation to elections in the city and county of New York, and to provide for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage thereat.'

“An act to ascertain, by proper proofs, the citizens who shall be entitled to the right of suffrage in the State of New York, except in the city and county of New York and the city of Brooklyn, and to repeal chapter 572 of the Laws of 1871, entitled 'An act to amend an act eniitled An act in relation to elections in the city and county of New York.?"

Ordered, That the Clerk deliver said bills to the Governor.

The Assembly returned the following entitled bills, with a message that they had concurred in the amendments of the Senate thereto:

"An act to provide for the election of a fifth justice of the peace in the town of Richland, in and for the county of Oswego, and for the future election of five justices of the peace of said town.”

"An act for the relief of the town of Perinton, in the county of Monroe.”

“An act to amend chapter 778 of the Laws of 1871 reappropriating certain moneys for the construction of new work upon, and extraordinary repairs of, the canals of this State.'

"An act to authorize the common council of the city of Brooklyn to open, grade, pave, and complete Douglass street in said city."

“An act granting to the West Shore Land and Improvement Company further powers."

“An act to amend an act entitled 'An act to authorize the formation of railroad corporations, and to regulate the same,' passed April 2, 1550."

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"An act to authorize the appointment of commissioners to fix the grade and improve sidewalks and streets in the town of New Lots, Kings county."

Ordered, That the Clerk return said bills to the Assembly.

The Assembly returned the following entitled bills, with a message that they had concurred in the passage of the same :

"An act to incorporate the Oswegatchie Bridge Company."

"An act to confirm the title of citizens of this State to lands for which they have heretofore taken conveyances from aliens.”

"An act to provide for a vote of the inhabitants of the towns of Little Falls, Manheim, and Danube, in the county of Herkimer, the

question of the completion of the bridge over the Mohawk river at Fink's basin, in the county of Herkimer, and to provide for the payment of the indebtedness incurred by the commissioners appointed under chapter 903 of the Laws of 1869 of said towns on account of said bridge.”

“An act to extend Monhagen avenue in the town of Wallkill, Orange county.”

"An act to provide for increased penalties for riding or driving any animal or animals across bridges or over rivers in the town of Brasher, St. Lawrence county.”

“An act to amend the charter of the American Bible Society." "An act to incorporate the Walden Savings Bank."

"An act to amend chapter 165 of the Laws 1869, entitled 'An act to authorize the selection and location of certain grounds for public parks in the city of Buffalo, and to provide for the maintenance and embellishment thereof, passed April 14, 1869; and also to authorize the city of Buffalo to issue bonds for laying out, improving, and embellishing the same."

"An act to amend an act entitled 'An act in relation to the location and erection of public buildings for the use of Erie county and the city of Buffalo,' passed April 21, 1871."

"An act to authorize the common council of the city of Utica to borrow and disburse money for city purposes, and to levy and collect a tax

the same." "An act supplemental to, and amendatory of, chapter 842 of the Laws of 1868, an act entitled 'An act to provide for the transmission of letters, packages, and merchandise in the cities of New York and Brooklyn, and across the North and East rivers, by means of pneumatic tubes to be constructed beneath the surface of the streets, squares, avenues, and public places in said cities, and under the waters of said rivers,' passed June 1, 1868; and of chapter 512 of the Laws of 1869, entitled An act supplementary to chapter 842 of the Laws of 1868 in relation to carrying letters, packages, and merchandise, by means of pneumatic tubes, in New York and Brooklyn, and to provide for the transportation of passengers in said tubes.'"

Ordered, That the Clerk deliver said bills to the Governor. The Assembly returned the bill entitled "An act to amend chapter 721 of the Laws of 1871, entitled 'An act to amend and consolidate the several acts relating to the preservation of moose, wild deer, birds, and fish,' passed April 26, 1871; also to repeal section 30 of said act,” with a message that they had concurred in the report of the committee of conference thereon.

Ordered, That the Clerk return said bill to the Assembly.

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Mr. Madden, from the committee on railroads, to which was referred the bill entitled “An act concerning the Syracuse Branch of the New York, Utica and Ogdensburgh Railroad Company, and providing for a change in its corporate name," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled “An act to release the interest of the people of the State of New York in certain real estate of which William West died seized, situate at Long Island City, in the county of Queens, to Caroline West,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole,

Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled “An act for the suppression of the trade in, and circulation of, obscene literature, illustrations, advertisements, and articles of indecent or immoral use; and obscene advertisements of patent medicines and articles for producing abortion," reported that they have made some amendments thereto, and have amended the title so as to read as follows: "An act for the suppression of the trade in, and circulation of, obscene literature, illustrations, advertisements, and articles of indecent or immoral use; and obscene advertisements of patent medicines and articles for producing abortion, and to amend and revise chapter 430 of the Laws of 1868," and said bill was committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was referred the application of the Board of Foreign Missions of the Reformed Protestant Dutch Church asking for a change of name, reported by bill entitled as follows: "An act to change the name of the Board of Foreign Missions of the Reformed Protestant Dutch Church to Board of Foreign Missions of the Reformed Church in America,” which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled “An act authorizing the creation of the office of State Inspector of Catile, and the appointment of an inspector thereto, such inspector to be located and resident at the city of Buffalo in this State," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled "An act to provide an assistant clerk for the court of general sessions of the peace in and for the city and county of New York,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to incorporate the Society of Members of the New York Stock Exchange for Mutual Relief in the city, county, and State of New York,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was referred the Assembly bill entitled “An act to amend an act entitled 'An act for the further extension of Prospect park in the city of Brooklyn, passed April 24, 1868," reported in favor of the passage of the same, with amendments.

On motion of Mr. Murphy, and by unanimous consent, said bill was ordered to a third reading.

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