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OF THE

SENA TE

OF THE

STATE OF NEW YORK:

AT THEIR

NINETY-EIGHTH SESSION.

BEGUN AND HELD AT THE CAPITOL, IN THE CITY OF ALBANY, ON THE FIFTH
DAY OF JANUARY, 1875.

EXCELSIOR

ALBANY:

WEED, PARSONS & CO., PRINTERS.

1875.

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UNIVERSITY OF CHICAGO LIBRARIES 266892

MARCH 1930

JOURNAL OF THE SENATE.

STATE OF NEW YORK:

SENATE CHAMBER, IN THE CITY OF ALBANY,
TUESDAY, JANUARY 5, 1875.

Pursuant to the sixth section of the tenth article of the Constitution of the State of New York, designating the first Tuesday in January, in each year, for the time of the meeting of the Legislature, the Hon. William Dorsheimer, Lieutenant-Governor, and the following Senators from the several districts of the State, appeared in the Senate, to wit:

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District Number One.......... District Number Two District Number Three District Number Four .. District Number Five District Number Six .. District Number Seven District Number Eight District Number Nine District Number Ten. District Number Eleven District Number Twelve District Number Thirteen. District Number Fourteen District Number Fifteen. District Number Sixteen. District Number Seventeen District Number Eighteen.. District Number Nineteen District Number Twenty District Number Twenty-one District Number Twenty-two.. District Number Twenty-three District Number Twenty-four District Number Twenty-five. District Number Twenty-six. District Number Twenty-seven District Number Twenty-eight. District Number Twenty-nine District Number Thirty... District Number Thirty-one District Number Thirty-two..

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John A. King.

John W. Coe.

John C. Jacobs.

John Fox.

James W. Booth.

Jacob A. Gross.

Thomas A. Ledwith.

Hugh H. Moore.

William H. Robertson.

Edward M. Madden.

Benjamin Ray.

Roswell A. Parmenter.

Jesse C. Dayton.

Henry C. Connolly.

Webster Wagner.
Franklin W. Tobey.

Wells S. Dickinson.

Andrew C. Middleton.
Samuel S. Lowery.

Archibald C. McGowan.
Charles Kellogg.

Daniel P. Wood.
James G. Thompson.
John H. Selkreg.
William B. Woodin.
William Johnson.

George B. Bradley.
Jarvis Lord.
Dan H. Cole.
Abijah J. Wellman..
Albert P. Laning.
Albert G. Dow.

Prayer by Rev. Mr. Mellen.

Hon. Albert P. Laning, Senator from the Thirty-first Senatorial district, elected to fill the vacancy caused by the death of Hon. John Ganson, appeared in the Senate, and took and subscribed the constitutional oath of office.

The President then arose and addressed the Senate as follows:

SENATORS-I appear here to enter upon the duty which the law imposes upon me of presiding over the sessions of the Senate. I am without the training which legislative experience alone can give, and which most of my predecessors have had. I shall, therefore, need your indulgence and assistance. In return for which, I assure you that I shall endeavor to do my duty without partiality or prejudice.

Insomuch as it is only under special and infrequent circumstances that I am called upon to take part in your action, it would not be suitable for me to discuss any of the matters which are likely to engage your attention; but I will venture to express the hope, which I am confident will be fully realized, that your labors here may meet with the approval of your several constituencies, and tend to the prosperity and advancement of the State.

Mr. Robertson offered the following:

Resolved, That a committee of two be appointed to wait upon His Excellency the Governor, and inform him that the Senate is organized and ready to proceed to business.

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

The President announced as such committee Messrs. Robertson and Lord.

Mr. Selkreg offered the following:

Resolved, That a committee of two be appointed to wait upon the honorable the Assembly, and inform that body that the Senate is organized and ready to proceed to business.

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

The President announced as such committee Messrs. Selkreg and Dayton.

Mr. Dickinson offered the following:

Resolved, That the Senate meet daily at eleven o'clock, A. M., until

otherwise ordered.

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, That Rev. Dr. Ebenezer Halley be elected Chaplain of the Senate for the ensuing session of the Legislature, and that his compensation be the same as that of last session.

Mr. Johnson moved that said resolution 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.

Mr. King offered the following:

Resolved, That the Attorney-General be and hereby is respectfully requested to report to the Senate, at his earliest convenience, his opinion as to the validity of the act known as chapter 864 of the Laws of 1868; and further, what action, if any, has been taken by him in pursuance of

the resolution adopted by the Senate on the 23d of April, 1874, wherein he "is directed to inquire whether the act entitled 'An act to authorize the drainage of marsh lands,' being chapter 864 of the Laws of 1868, was passed by the authority and with the legislative forms requisite to give it validity; and, if he shall be of opinion that it does not conform to the requirements of the Constitution, that he be further directed to take such measures as may be necessary to obtain a judicial decision thereon."

Mr. Gross moved to amend the resolution by striking out all after the word "validity."

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

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

The Clerk announced the following appointment:

For Clerk's and Bank Messenger, Henry L. Glidden, in place of S. C. Curran, resigned.

Mr. Woodin presented three petitions of inhabitants of Skaneateles and Owasco, and of the supervisors of Cayuga county for a change of boundary lines; which were read and referred to the committee on the judiciary.

Mr. Jacobs moved that the Senate take a recess until twelve o'clock, M. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Senate again met.

TWELVE O'CLOCK, M.

Mr. Woodin moved that the Senate take a further recess until half-past twelve o'clock, P. M.

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

TWELVE AND A HALF O'CLOCK, P. M.

Senate again met.

Mr. Selkreg, from the committee appointed to wait upon the honorable the Assembly and inform that body that the Senate was organized and ready to proceed to business, reported that the committee had performed that duty,

Mr. Robertson, from the committee appointed to wait upon the Governor and inform him that the Senate was organized and ready to proceed to business, reported that they had discharged that duty, and that His Excellency was pleased to say that he would communicate with the Senate by message.

Mr. King presented the Second Annual Report of the State Commissioner in Lunacy; which was laid upon the table and ordered printed. (See Doc. No. 7.)

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