Abbildungen der Seite
PDF
EPUB
[graphic]
[ocr errors]
[ocr errors]

.

The Assembly bill entitled "An act making appropriations for the support of government,” having been announced for a third reading,

On motion of Mr. Benedict, and by unanimous consent, was amended as follows:

Page 4, line 6, after the words “justices of the supreme court,” insert the words "except in the first judicial district.”

Mr. Bowen moved to recommit said bill to the committee on finance, with instructions to amend by striking out the paragrah, as follows:

“So much of section nine, chapter three hundred and forty-two of the laws of eighteen hundred and sixty-five, relating to the Willard Asylum, as reads as follows: "Said trustees shall also fix the rate per week, not exceeding two dollars, for the board of patients,' is hereby repealed, and the said i rustees of the Willard Asylum shall hereafter annually fix the . price per week not to exceed the actual cost of support and attendance

exclusive of officers' salaries, as provided in chapter one hundred and thirty-five, section thirty-five of the laws of eighteen hundred and fortytwo, governing the State asylums at Utica and Poughkeepsie."

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

FOR THE AFFIRMATIVE.
Allen
Dickinson Graham

O'Brien

J. Wood
Bowen
Foster
Lewis

8 FOR THE NEGATIVE. Adams

Lowery Murphy Robertson Weismann Chatfield McGowan Palmer

Tiemann D. P. Wood Harrower Madden Perry

Wagner Woodin Lord

16 Mr. Lowery moved to recommit said bill to the committee on finance, with instructions to amend by striking out the paragraph, as follows:

“For the benefit of the academies and academical departments of the union schools, the sum of one hundred and twenty-five thousand dollars, or so much thereof as may be derived from a tax of one-sixteenth of one mill upon each dollar of the taxable property of the State ; the sum thus arising to be divided as the literature fund is now divided, which is hereby ordered to be levied for each and every year.'

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

FOR THE AFFIRMATIVE.
Chatfield Johnson Lowery Madden

O'Brien
FOR THE NEGATIVE.
Adams
Dickinson Lord

Perry

Weismann
Allen
Foster

McGowan Robertson D. P. Wood
Benedict Graham Murphy Tiemann J. Wood
Bowen
Harrower Palmer

Wagner

Woodin
Cock
Lewis

22 Mr. Palmer 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 negative.

Mr. Palmer subsequently voted in the negative.
Mr. Winslow asked and was excused from voting.

Mr. Madden moved to recommit said bill to the committee on finance, with instructions to amend by inserting the words, as follows:

5

“ Provided, that no part of said sum shall be paid to any private or sectarian school or academy, por to any schools, the profits or gain of which are received or paid to the principal or principals of said school or private individuals, and not exclusively for the payment of teachers and the necessary expenses of said schools.”

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

FOR THE AFFIRMATIVE.
Adams
Chatfield Lowery

Madden

Woodin Baker

6
FOR THE NEGATIVE.
Allen
Graham
Lord
Perry

Weismann
Benedict Harrower McGowan Robertson Winslow
Bowen
Johnson Murphy

Tiemann D. P. Wood
Cock
Lewis
Palmer
Wagner

J. Wood
Foster

21 Mr. Johnson moved that said bill be recommitted to the committee on finance, with instructions to amend as follows:

Strike out the words “which is hereby ordered to be levied for each and every year.”

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

FOR THE AFFIRMATIVE.
Adams
Foster
Madden
Palmer

Robertson
Chatfield Johnson Murphy Perry

Tiemann
Cock
Lowery

12

FOR THE NEGATIVE.

Allen
Bowen

Harrower McGowan D. P. Wood
Baker
Dickinson Lewis

Wagner

J. Wood Benedict Graham

Lord

Weismann Woodin 15 Mr. Madden moved to recommit said bill to the committee on finance, with instructions to amend by inserting, at the end of line 556, the words as follows:

"For St. Mary's Orphan Asylum, at Port Jervis, the sum of five thousand dollars."

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

FOR THE AFFIRMATIVE.
Cock
Johnson
Madden
O'Brien

4

FOR THE NEGATIVE.
Adams
Chatfield Lewis

Perry

Winslow
Allen
Dickinson Lord

Robertson D. P. Wood
Baker
Foster
Lowery

Tiemann J. Wood
Benedict
Graham
McGowan
Wagner

Woodin
Bowen
Harrower
Murphy Weismann

24 Said bill was then read a third time.

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

[graphic]

23

a

FOR THE AFFIRMATIVE.
Adams

Dickinson McGowan Robertson Winslow
Allen
Foster

Madden Tiemann D. P. Wood
Baker
Johnson Murphy

Wagner

J. Wood
Benedict
Lord
Palmer

Weismann Woodin
Chatfield Lowery Perry

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. Woodin presented a petition of tax-payers of Moravia for the extension of the time for the payment of railroad bonds; which was read and referred to the committee on railroads.

Mr. Wagner presented a petition of property owners on Second avenue, in the city of New York, for an elevated railway on said avenue; which was read and referred to the committee on railroads.

Mr. Lowery presented a petition to revise the charter of the city of Utica; which was read and referred to the committee on the affairs of cities.

By unanimous consent, Mr. Murphy asked and obtained leave to introduce a bill entitled "An act to provide for the collection of assessments against Prospect park and the Parade ground in the county of Kings," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

By unanimous consent, Mr. Woodin asked and obtained leave to introduce a bill entitled "An act to extend the time for paying the bonds of the town of Moravia issued in aid of the Southern Central railroad," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

By unanimous consent, Mr.Weismann asked and obtained leave to introduce a bill entitled "An act to compensate William S. Copland for services rendered in examining and making copies of certain accounts of the county of New York,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the affairs of cities.

Mr. Perry, from the committee on the affairs of cities, to which was referred the Assembly bill entitled "An act for the improvement of First street and Kent avenne in the city of Brooklyn," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

The committee on the judiciary, to which was referred the message of His Excellency the Governor recommending the removal from office of the judge of Chenango county, report as follows: To the Senate :

That the recommendation of the Governor is made in pursuance of the provision of section 12 of article 6 of the Constitution of this State, and is based upon written charges against the judge of Chenango county submitted to him, and which, with his message recommending his removal, were transmitted to the Senate.

The judge against whom the charges were made applied to your committee for the privilege of appearing before it for the purpose of submitting certain questions, which, it was believed, might avoid the necessity of a trial before the Senate. Your committee acceded to his request, and the accused and his prosecutors appeared before the committee by counsel and argued the questions submitted by him.

a

[ocr errors]
[ocr errors][ocr errors][ocr errors]

It was made to appear to your committee, that Horace G. Prindle, judge of Chenango county, was elected to that office by the electors of Chenango county at the last general election held in this state, and that he entered upon the duties of his office on the first day of January last; that this was the third time that he had been consecutively elected to that office, having held and discharged the duties of the office two terms before his present term commenced.

It further appeared that the charges preferred against him were founded upon alleged official misconduct which occurred during liis first and second terms of office; that only one charge is based upon official acts during the term for which he was last elected.

The point raised by the accused before the judiciary committee was, that he could not be removed for any alleged official misconduct which occurred during his terms of office which had expired; that the Senate, under the Constitution, had no right to go back of his last election; that the investigation, if any was had, should be restricted to the charge of official misconduct during the present term; and as to that charge, it was too general and indefinite to put him upon his trial.

On these questions the counsel for the respective parties were heard before the committee. After due deliberation, the committee have come to the conclusion that it is not within the province of the committee, in the first instance, to determine the question so raised and argued. The Governor, in his message, states that an examination of the charges had satisfied him that a prima facie case was made out, and recommended removal, provided the charges were established by evidence.

In the opinion of your committee, it now devolves upon the Senate to determine whether the accused should or should not be removed, and as to what evidence should be received to sustain the charges made, and whether the investigation should extend to alleged official misconduct which occurred during the prior or former terms of office of the accu

ccused, are questions for the Senate, and not for your committee. The committee, therefore, have not passed upon the questions which were argued before it.

This is the second case in which the Senate has been called upon to . remove a county judge upon the recommendation of the Governor. The first case was that of the county judge of Oneida county, who was brought to trial before the Senate, upon the recommendation of the Governor for his removal, in the year 1866.

The judiciary committee of the Senate, to which the message of the Governor recommending the removal was referred, reported to the Senate that the committee was of the opinion that the investigation might be prosecuted by two methods. Either by the committee of the Senate, who should take the testimony upon the subject and report the same to the Senate, with their opinion on the case, or before the Senate; that the choice of the two methods should be left to the accused, as he is the party most intimately affected by any result which should be arrived at. The accused, in that case, elected to be tried by the Senate, and a trial was had.

Your committee recommend that the practice and proceedings in that case be adopted as a precedent in this case, and therefore recommend that they be empowered to cause to be served upon the accused personally a copy of the complaint, with a notification ihat he be required to appear before the committee on a day to be named in the notification, then and there to settle and agree upon the issues to be tried, and to receive and

[ocr errors][ocr errors][ocr errors][merged small][ocr errors]

a

[ocr errors]
[graphic]
[ocr errors]

serve a written list of the witnesses to be examined, and to determine the time and manner in which the investigation shall proceed. The committee, therefore, propose the following resolution :

Resolved, That the recommendation of the committee on the judiciary be adopted, and that the committee be instructed to proceed accordingly.

JAMES WOOD, Chairman. Mr. Graham moved that the report be laid upon the table and printed.

The President put the question whether the Senate would agree to said
motion, and it was decided in the affirmative.
The President presented the following communication :
CITY OF NEW YORK — COMPTROLLER'S OFFICE,

April 13, 1872.
To the Hon. the Senate and Assembly of the State of New York:

I have the honor to report to the Legislature that, in pursuance of the terms of the resolution calling for information relative to the cost of the new county court-house in this county, I have taken measures to ascertain the facts therein required, but find that it will be impracticable for me to report in full within the time prescribed, and I would, accordingly, request that further time might be allowed, in order to complete the investigation.

Respectfully submitted.

AND. H. GREEN, Comptroller. Mr. Tiemann moved that further time be granted.

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

The President presented the annual report of the New York State Agricultural Society, with abstracts and documents accompanying the same; which was laid on the table and ordered printed.

(See Doc. No. :) Mr. Madden, from the committee on railroads, to which was recommitted 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, from the committee on railroads, to which was referred the Assembly bill entitled "An act for the extension of the Utica, Chenango and Cortland railroad,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Chatfield, from the committee on roads and bridges, to which was referred the Assembly bill entitled “An act authorizing the formation of a separate road district in the town of Jay, county of Essex," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Chatfield, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act to amend section 1 of chapter 730 of the Laws of 1871, entitled 'An act in relation to highways in the county of Rockland,'” reported in favor of the passage of the same, and

, said bill was committed to the committee of the whole.

Mr. Wagner, from the committee on railroads, to which was referred the Assembly bill entitled “An act to amend an act entitled 'An act to authorize the construction of a street railroad in the city of Auburn, and

« ZurückWeiter »