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Erie county, New York, validating proceedings heretofore taken for the issuance and sale thereof and providing for the delivery or resale thereof, and for the levy of a tax for the payment of the principal and interest thereof," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on affairs of villages.

Also, à bill (Int. No. 105) entitled "An act to amend an act, entitled 'An act to extend the time within which the International Railway Company and the Crosstown Street Railway Company of Buffalo shall complete their railroads in the city of Buffalo, and begin the operation of same beyond their present construction and operation," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

The Assembly sent for concurrence a resolution in the words following:

Whereas, The Confederate survivors of the battle of Fort Fisher, fought January 15, 1865, are to have a reunion at Fort Fisher on January 15, 1907; and,

Whereas, These surviving Confederate veterans have extended an earnest and cordial invitation to the brave survivors of the 117th N. Y. Volunteers and all troops engaged in that memorable conflict to be present and join them in this patriotic reunion; and,

Whereas, Confederate and Union veterans are now about to meet in this reunion as a patriotic body of Americans enjoying the full victories of peace; and,

Whereas, It seems fitting that the Legislature of the State of New York should take action respecting this spirit of brotherhood so generally manifested by them. Therefore, be it

Resolved (if the Senate concurs), That the Legislature of the State of New York heartily approves of the fraternal fellowship shown by the Confederate Veterans' Association in extending this invitation to the Federal soldiers who participated in this battle, confidently believing that this reunion will do its full share in making this country a grander Union than ever before. Be it further

Resolved, That a copy of these resolutions be sent to Col. Wm. Lamb, President of Fort Fisher Confederate Survivors Association at Fort Fisher, North Carolina.

Mr. Raines moved that the Senate concur in the said resolution.

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

Ordered, That the Clerk return said resolution to the Assembly with a message that the Senate has concurred in the passage of the

same.

The President presented the report of the Trustees of Public Buildings relative to the architectural competition for the State Educational Building, which was laid upon the table and or dered printed.

(See Document.)

The President presented the report of The New York State Woman's Relief Corps Home, which was laid upon the table and ordered printed.

(See Document.)

The President handed down a presentment of the grand jury of the city and county of New York, which was ordered referred to the committee on affairs of cities.

The President presented a communication in the words following:

STATE OF NEW YORK, TREASURER'S OFFICE.
ALBANY, N. Y., December 31, 1906.

To the Honorable, the President of the Senate:

SIR. In accordance with section 41 of the Executive Law, I respectfully ask that my accounts be examined and settled and the certificate made under such section, in order that the official undertaking given by me upon the assumption of the office of State Treasurer may be delivered to me for cancellation. May I ask that you give this matter your attention at as early date as possible.

Yours respectfully,

JNO. G. WALLENMIER. Ordered, That said communication be referred to the committee on finance.

The President presented the report of The Board of Railroad Commissioners, which was laid upon the table and ordered printed.

(See Document.)

Mr. Fuller moved that the committee on affairs of cities be discharged from the consideration of Senate bill No. 7 (Int. No. 7) entitled "An act to amend sections 1391 and 1398 of the Greater New York charter, chapter 466 of the Laws of 1901, as amended by chapter 410 of the Laws of 1903, in regard to the number and duties of city magistrates in the city of New York," and that said bill be amended, reprinted and recommitted to the committee on affairs of cities.

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

Mr. Franchot moved that the committee on affairs of villages be discharged from the consideration of Senate bill No. 16 (Int. No. 16) entitled "An act to amend chapter 39 of the Laws of 1874, entitled 'An act to reorganize the village of Medina,' authorizing it to issue its bonds for the construction of sewers," and that said bill be amended, reprinted and recommitted to the committee on affairs of villages.

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

Mr. Raines moved that the Senate do now adjourn.

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

TUESDAY, JANUARY 15, 1907.

The Senate met pursuant to adjournment.

Prayer by Rev. W. II. Edwards.

The journal of yesterday was read and approved.

Leave of absence was granted to Mr. Ackroyd until to-morrow. Mr. McCarren introduced a bill (Int. No. 106) entitled "An act to authorize the justices of the Appellate Division of the Supreme Court in the second judicial department to appoint a case and consultation clerk, and to provide for his compensa

tion," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Mr. Agnew introduced a bill (Int. No. 107) entitled "An act to repeal chapter 414 of the Laws of 1906, being an act to amend sections 315, 317 and 321 of article 15 of the Tax Law, in relation to the tax on transfers of stock," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on taxation and retrenchment.

Also, a bill (Int. No. 108) entitled "An act to amend section 17 of chapter 570 of the Laws of 1895, entitled 'An act for the incorporation of associations for the improvement of the breed of horses and to regulate the same; and to establish a State racing commission'; and to amend section 18 of the same act as heretofore amended by section 4 of chapter 380 of the Laws of 1896, and by section 2 of chapter 446 of the Laws of 1897," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

Also, a bill (Int. No. 109) entitled "An act to amend section. 351 of the Penal Code, relating to pool-selling, book-making, bets and wagers, etc.," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

Also, a bill (Int. No. 110) entitled "An act making an appropriation for the promotion of agriculture in this State by appropriating a certain fixed sum to be appropriated and distributed as provided by chapter 820 of the Laws of 1895, and the acts amendatory thereof," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Mr. Saxe introduced a bill (Int. No. 111) entitled "An act to amend chapter 553 of the Laws of 1895, entitled 'An act in relation to the Supreme Court in the first judicial district and the Appellate Division thereof in the First Department,' relative to the appointment of a confidential clerk," which was read the first time, and by unanimous consent was also read the second time.

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On motion of Mr. Saxe, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and referred to the committee on finance, retaining its place on the order of third reading.

Also, a concurrent resolution (Int. No. 112) in the words following:

"Concurrent resolution of the Senate and Assembly, proposing an amendment of section 2 of article 1 of the Constitution in relation to trial by jury."

Section 1. Resolved (if the assembly concur), That section two of article one of the constitution be amended to read as follows:

ARTICLE I.

$ 2. The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. In all civil causes a verdict may be rendered by the concurrence of two-thirds of the jurors, and in all criminal causes by the concurrence of three-fourths of the jurors. The legislature shall at the next session, by appropriate legislation, provide for carrying this section into effect.

3. Resolved (if the assembly concur), That the foregoing amendment be referred to the legislature to be chosen at the next general election of senators, and in conformity with section one, article fourteen of the constitution, be published for three months previous to the time of such election.

Which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Also, a bill (Int. No. 113) entitled "An act to amend the Code of Civil Procedure, relating to the entry of judgment against joint debtors upon service on one or more, but not on all the defendants," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

Mr. Page introduced a bill (Int. No. 114) entitled "An act to amend the Tax Law in relation to the taxation of mortgages of real property," which was read the first time, and by unanimous

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