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The Assembly returned the Senate bill (No. 1137, Assembly Reprint No. 2001, Int. No. 827) entitled "An act to amend the Judiciary Law, in relation to the retirement of justices of the Supreme Court incapacitated to perform their duties," with a message that they have concurred in the passage of the same with the following amendments:

Page 2, line 1, strike out the brackets and the words "Physically and mentally" contained between such brackets.

Mr. H. D. Williams moved that the Senate concur in said amendments.

The President put the question whether the Senate would concur in said amendments and it was decided in the affirmative. Said bill, as amended, was 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:

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

The Assembly returned the Senate bill (No. 1092, Assembly Reprint No. 2033, Int. No. 966) entitled "An act to amend chapter six hundred and seventy-six of the Laws of nineteen hundred and ten, entitled 'An act to establish the court of special sessions of the city of Syracuse, defining its powers and jurisdiction, and providing for its officers,' in relation to acting justices of such court and the division of such court into two parts," with a message that they have concurred in the passage of the same with the following amendments:

On page 1, line 1, strike out "four-a" and insert "three". Page 1, strike out lines 5, 6 and 7, and insert "as last amended by chapter one hundred and forty-four of the Laws of nineteen hundred and twenty is hereby amended to read as follows:

"§ 3. Justice of court of special sessions. There shall be one justice of the Court of Special Sessions, whose official title shall be justice of special sessions; but in all proceedings known as police justice, as provided by the Second Class Cities Law, and as such police justice shall possess the powers and perform the duties

conferred and imposed upon police justices by said Second Class Cities Law and by the Laws of the State. Said office shall be filled by election by the electors of the city at the city election. The term of the justice shall be six years, and he shall receive an annual salary of six thousand dollars. No person shall be eligible for election to the office of justice of special sessions unless he be an elector, and has been an attorney of the Supreme Court of the State for five years or unless he shall have been an acting justice of the Court of Special Sessions. [In case of the disability of the justice or of a vacancy in the office any judge or the municipal court shall perform the duties of the office until the disability of the justice ceases or the vacancy is filled. In case of the absence of the justice any judge of the municipal court may perform the duties of the office until the justice returns.]

"§ 2. Section four-a of such chapter, as added by chapter thirty-seven of the Laws of nineteen hundred and eighteen, is hereby repealed and a new section four-a is hereby inserted to read as follows:"

Page 2, line 9, strike out "eligible to the office of justice of the Court of Special Sessions" and insert in place thereof "to be known as the acting justice of the Court of Special Sessions".

Page 2, line 14, after "designation" insert "No person shall be eligible for the appointment of acting justice of the Court of Special sessions unless he be an elector, and has been an attorney of the Supreme Court of the State of New York for three years.' Page 3, line 5, strike out figure "2" and insert "3".

Mr. Fearon moved that the Senate concur in said amendments.

The President put the question whether the Senate would concur in said amendments, and it was decided in the affirmative. Said bill, as amended, was read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, an emergency calling for the passage of the same having been declared by the Governor, and it was decided in the affirmative, two-thirds of all the Senators elected voting in favor thereof, as follows:

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

The Governor returned without executive approval the Senate

bill (No. 995, Int. No. 897), entitled "An act to amend chapter one hundred and thirty-nine of the Laws of nineteen hundred and twenty-five, entitled 'An act abolishing the office of coroner of the county of Westchester and creating the office of county medical examiner, and prescribing his powers and duties' in relation to the appointment of an assistant county medical examiner."

Mr. Westall moved that said bill, with accompanying 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.

(For Accompanying Message see Executive Journal.)

The Governor returned without executive approval the Senate bill (No. 997, Int. No. 899) entitled "An act creating the department of county investigator for the county of Westchester, providing for the appointment of a county investigator for said county and prescribing the powers and duties of such county investigator."

Mr. Westall moved that said bill, with the accompanying 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.

(For Accompanying Message see Executive Journal.)

Mr. Westall, from the committee on reorganization of State departments, to which was referred the Senate bill introduced by Committee on Reorganization of State Departments (No. 1675, Int. No. 1395) entitled "Concurrent resolution of the Senate and Assembly proposing an amendment to section four of article five of the Constitution, in relation to the head of the executive department in the State government," reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Westall, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Westall, from the committee on reorganization of State departments, to which was referred the Senate bill introduced by Committee on Reorganization of State Departments (No. 1674, Int. No. 1394) entitled "An act to amend the Public Officers Law, in relation to the signing of commissions of notaries public," reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Westall, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Westall, from the committee on reorganization of State departments, to which was referred the Senate bill introduced by Committee on Reorganization of State Departments (No. 2060, Rec. No. 402) entitled "An act to amend the Railroad Law, in relation to the supervision and approval of plans, specifications, proposals, bids, contracts for the construction of new highway crossings of railroads, the elimination of existing railroad grade crossings or changing existing railroad crossings, and of the con

struction thereof, and accounting and payment therefor," reported in favor of the passage of the same, which report was agreed to. On motion of Mr. Westall, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Westall, from the committee on reorganization of State departments, to which was referred the Senate bill introduced by Committee on Reorganization of State Departments (No. 1534, Int. No. 1030) entitled "An act to amend the Railroad Law, in relation to the supervision and approval of plans, specifications, proposals, bids, contracts for the construction of new highway crossings of railroads, the elimination of existing railroad grade crossings or changing existing railroad crossings, and of the construction thereof, and accounting and payment therefor," reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Westall, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Westall, from the committee on reorganization of State departments, to which was referred the Senate bill introduced by Committee on Reorganization of State Departments (No. 1386, Int. No. 1208) entitled "An act to amend the State Departments Law by providing for a department of agriculture and markets and assigning to it certain functions of the State government, pursuant to article five of the Constitution," reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Westall, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Westall, from the committee on reorganization of State departments, to which was referred the Senate bill introduced by Committee on Reorganization of State Departments (No. 1650, Int. No. 1286) entitled "An act to amend the State Departments Law by providing for an education department and assigning to it certain functions of the State government, pursuant to article five of the Constitution," reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Westall, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Westall, from the committee on reorganization of State departments, to which was referred the Senate bill introduced by Committee on Reorganization of State Departments (No. 1651, Int. No. 1021) entitled "An act providing for the civil department in the State government, pursuant to article five of the Constitution, constituting chapter seventy-eight of the Consolidated Laws," reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Westall, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Westall, from the committee on reorganization of State departments, to which was referred the Senate bill introduced by Committee on Reorganization of State Departments (No. 1179, Int. No. 1022) entitled "An act to amend the State Departments

Law by providing for a department of law and assigning to it certain functions of the State government, pursuant to article five of the Constitution," reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Westall, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Westall, from the committee on reorganization of state departments, to which was referred the Senate bill introduced by Committee on Reorganization of State Departments (No. 1673, Int. No. 1393) entitled "An act to amend the Executive Law and Military Law, in relation to the composition of certain commissions or bodies of which the Comptroller is at present a member, reported in favor of the passage of the same, which report was agreed to.

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On motion of Mr. Westall, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Knight, from the committee on rules, to which was referred the Senate bill introduced by Mr. Byrne (No. 1662, Int. No. 1381) entitled "An act relative to the construction of a sewer and appurtenances in the city of Albany from Patroon's creek southerly, and under the carriageway of Mereline avenue for a distance of eighteen hundred feet, and to the apportionment and assessment of the cost and expense thereof," reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Knight, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Knight, from the committee on rules, to which was referred the Senate bill introduced by Mr. Dick (No. 1688, Int. No. 1377) entitled "An act to amend chapter one hundred and forty-seven of the Laws of nineteen hundred and three, entitled 'An act making provision for issuing bonds to the amount of not to exceed one hundred and one million dollars for the improvement of the Erie canal, the Oswego canal and the Champlain canal, and providing for a submission of the same to the people to be voted upon at the general election to be held in the year nineteen hundred and three,' as last amended by chapter two hundred and forty-one of the Laws of nineteen hundred and twenty-four, by authorizing the abandonment and sale of the Oneida feeder," reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Knight, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Knight, from the committee on rules, to which was referred the Senate bill introduced by Mr. Thayer (No. 1260, Int. No. 1110) entitled "Concurrent resolution of the Senate and Assembly proposing an amendment to section one of article four of the Constitution, in relation to the term of office of the Governor and Lieutenant Governor," reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. Knight, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

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