Also, the bill entitled "An act for the relief of the Plankroad Railroad Company, passed April 21, 1866, and amended April 25, 1871," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

Mr. Witbeck introduced a bill entitled "An act to amend the charter of the village of Lansingburgh," 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.

Mr. Prince offered for the consideration of the House a resolution, in the words following:

Resolved, That there be printed 10,000 extra copies of the Governor's message in English, and 3,000 of the same in German, for the use of the Assembly.

Ordered, That said resolution be referred to the committee on public printing.

On motion of Mr. Prince,

Resolved, That the seats in the rear of the Assembly chamber be reserved for the use of ladies and the gentlemen accompanying them. Mr. Bulkley offered for the consideration of the House a resolution in the words following:

Resolved, That all smoking, whether within or without the hours of public session, be and hereby is prohibited in the Assembly chamber. Mr. Speaker put the question whether the House would agree to said resolution, and it was determined in the negative.

Mr. Lincoln offered for the consideration of the House a resolution in the words following:

Resolved (if the Senate concur), That to the postmaster of each House be assigned the duty of weighing and stamping all documents sent by mail or express, and entering in a book to be kept by him for that purpose the amount of postage or express charges paid thereon, reporting to the clerks of the respective Houses the aggregate thereof weekly; and that the assistant postmaster of each House be charged with the duty of entering in a book to be kept by him for that purpose an accurate account of all documents, with the postage or express charges paid thereon, transmitted from the post-office of their respective Houses by mail or express, and that they report the aggregate thereof weekly to the respective clerks of the Senate and Assembly; and that the clerks of the Senate and Assembly from time to time furnish the postmaster of each House, respectively, the stamps requisite for carrying into execution the foregoing resolution, an account thereof to be kept by them in books to be by them provided for that purpose; and that the books kept by the postmaster and assistant postmaster above specified be at all times open to the inspection of the clerks and members of each House respectively.

Said resolution being concurrent,

Ordered, That the same be laid on the table.

Mr. Bennett offered for the consideration of the House a resolution, in the words following:

Whereas, The Senate and Assembly have been duly informed by the Governor's annual message of a defalcation in the office of the State Treasurer, by a fraudulent abstraction of the public moneys during the months of August and September, 1873, to the amount of $304,957.91, which defalcation the Governor states "would no doubt have been pre

[ASSEM, JOURNAL.]

7

vented if the Treasurer had been at his post and given to his duties the attention the State has a right to exact from the custodian of its treasure;" therefore,

Resolved, That Thomas Raines, the Treasurer, be and he is hereby called upon and required forthwith to restore and make good the amount thus fraudulently abstracted or stolen through his neglect of duty.

Resolved, That in case the said Raines shall refuse or neglect to comply with the preceding resolution for the space of thirty days from the passage hereof, the Attorney-General be and he is hereby directed to forthwith institute proper proceedings against him and the sureties upon his official bond to recover the amount so abstracted.

Said resolutions giving rise to debate,

Ordered, That the same be laid upon the table.

Mr. Alberger called from the table the resolution previously offered by him, in the words following:

Resolved, That the various proposed amendments to the Constitution of this State be printed and placed upon the files of the members, and that the consideration of the same be made a special order for Wednesday morning next immediately after the reading of the journal.

Mr. Weed moved to amend said resolution by striking out all after the words "files of the members and," and inserting in lieu thereof the words "that the same be referred to the judiciary committee."

Debate was had thereon, when

Mr. Speaker put the question whether the House would agree to said motion of Mr. Weed, and it was determined in the negative.

Mr. Alberger then moved to strike out all after the word "Constitution," down to and including the word "same."

Mr. Speaker put the question whether the House would agree to said motion, and it was determined in the affirmative.

On motion of Mr. Alberger said resolution was then further amended by striking out "Wednesday" and inserting "Thursday" in lieu thereof. Mr. Speaker then put the question whether the House would agree to said resolution as amended, and it was determined in the negative, twothirds of all the members present not voting in favor thereof.

Mr. Vedder offered for the consideration of the House a resolution, in the words following:

Resolved, That the Attorney-General be requested to communicate to this body, at as early a day as practicable, his opinion whether if any of the Constitutional amendments passed by the last Legislature can be amended by this Legislature, and whether if so amended can a submission thereof be had to the people at the next general election; and also whether those not amended (if a part thereof be so amended) can be constitutionally submitted to the people for adoption; also his opinion as to the effect of any amendments by this Legislature, in whole or in part. Said resolution giving rise to debate,

Ordered, That the same be laid upon the table.

Mr. Alvord moved that the consideration of the message of His Excellency the Governor be made a special order for Tuesday morning next, immediately after reading the journal.

Mr. Speaker put the question whether the House would agree to said motion, and it was determined in the affirmative, two-thirds of all the members present voting in favor thereof.

Mr. Speaker presented the annual report of the Auditor, for the fiscal year ending September 30, 1873, of the Canal Department, relative to the expenditures on the canals; which was laid upon the table and ordered printed.

(See Doc. No. 8.)

Also, the annual report of the Superintendent of the Banking Department; which was laid upon the table and ordered printed.

On motion of Mr.

adjourned.

(See Doc. No. 7.)

Prince, at 8 o'clock and 40 minutes, the House

WEDNESDAY, JANUARY 14, 1874.

The House met pursuant to adjournment.

Prayer by Rev. Dr. Clark.

The journal of yesterday was read and approved.

Mr. Clark presented a petition for a vertical wall against the berme bank of the Erie canal, in front of and by the side of the Canning factory, of Edgett and Totten, in the village of Newark, Wayne county; which was read and referred to the cominittee on canals.

Mr. Kshinka presented a petition praying that the surrogate of Albany county be authorized to appoint Margaret Todd, administratrix, etc., of the goods, chattels, etc., of William Todd, deceased; which was read and referred to the committee on the judiciary.

Mr. Wagstaff presented a petitition to amend the act incorporating the United States Loan and Security Company; which was read and

referred to the committee on banks.

Mr. Braman introduced a bill entitled "An act to authorize the Canal Commissioners to construct a bridge over the Erie canal in the town of Watervliet, in the county of Albany," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

Mr. Hiller introduced a bill entitled "An act authorizing the supervisor of the town of Kiantone, in the county of Chautauqua, to convey to the Maple Grove Cemetery Association the lands now held by the said town and used for cemetery purposes," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on charitable and religious societies.

Mr. Griffin introduced a bill entitled "An act to reincorporate and change the name of the Associate Congregation of Bovina, and to authorize said society to take and hold by gift, devise, purchase or otherwise, real and personal estate, and to sell their Glebe," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on charitable and religious societies.

Mr. Smith introduced a bill entitled "An act requiring the railroads running through the town of Cheektowaga to maintain one depot within said town in a manner to accommodate passengers and freight, and shall stop one passenger train when running east and west in the morning and evening of every day, Sunday excepted," which was read the first time,

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

Mr. Melvin introduced a bill entitled "An act to repeal section 3 of an act entitled 'An act to alter the commissioners' map of the city of Brooklyn,' passed April 19, 1870, and to open President street, in the city of Brooklyn," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on affairs of cities.

Mr. Bennett introduced a bill entitled "An act to amend section 9 of chapter 508 of the Laws of 1873, entitled 'An act to incorporate the Long Island Loan and Trust Company,'" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Mr. Morey introduced a bill entitled "An act in regard to the employment and compensation of clerks to surrogates' courts in counties in which the population exceeds 20,000 and the duties of the office of county judge and surrogate are performed by the same person," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Mr. Waehner introduced a bill entitled "An act to repeal an act entitled 'An act to suppress intemperance, pauperism and crime,' passed May 29, 1873, being chapter 646 of the Laws of 1873," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs.

Mr. Fish introduced a bill entitled "An act regulating the payment of expenses incurred in contesting a seat in the Senate or Assembly of the State 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 privileges and elections.

Mr. Hazelton introduced a bill entitled "An act to amend section 2 of chapter 890 of the Laws of 1868, entitled 'An act to authorize Lewis Runyon to establish a ferry across the Seneca lake at Lodi Landing,' which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on commerce and navigation.

Mr. Petty introduced a bill entitled "An act to protect the perch fishery, and to prevent the use of fykes and pounds in a part of the Great South bay in Suffolk county," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs.

Mr. Davis introduced a bill entitled "An act to provide for the enlargement of the Champlain canal, and to make an appropriation therefor," which was read the first time, and by unanimous consent was also read the second time, and referred to the committe on ways and

means.

Also, the bill entitled "An act to abolish the office of Canal Appraiser, and to provide a mode of determining canal claims against the State," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

Mr. Holden introduced a bill entitled "An act to amend an act entitled 'An act in relation to proceedings in surrogates' courts, and to the fees of surrogates, and to the compensation of executors and administrators, and to a clerk for surrogates,' passed May 2, 1863," which was read

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

Mr. Gurnee introduced a bill entitled "An act to release to Elizabeth Buerkel the real estate of which Henry Buerkel died seized," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on petitions of aliens.

Mr. Burritt introduced a bill entitled "An act to amend an act entitled 'An act to provide for the formation of societies for the prevention of horse stealing,' passed April 22, 1862," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs.

Mr. Sloan offered for the consideration of the House a resolution, in the words following:

Resolved, That the Attorney-General be and hereby is requested to furnish this House, at as early a day as may be compatible with other duties, his opinion as regards the right of the Federal Government to compel the owners of canal boats navigating the canals of this State to the seaboard to pay annual fees for license and enrollment papers, and also for admeasurement and hospital dues, as now exacted by direction of the Hon. the Secretary of the Treasury of the United States.

Mr. Speaker put the question whether the House would agree to said resolution, and it was determined in the affirmative.

Mr. Alvord offered for the consideration of the House a resolution, in the words following:

Whereas, The New Capitol Commissioners have reported that in consequence of the appropriation having become exhausted they have been compelled to suspend the prosecution of the work on the new capitol; and

Whereas, They represent that they regard it for the interest of the State that the work of stone dressing should proceed during the winter, and that to enable them to do so it would be necessary to provide the necessary means in anticipation of the regular appropriation; therefore,

Resolved, That the committee on ways and means be directed to ascertain and report as to the expediency of forth with proceeding with the cutting of granite, and providing the necessary means therefor; also, the present condition of the work and generally into the management thereof, and the probable cost and time in which the walls can be carried up to the roof; also, whether the plans of the building can be modified so that the expenditure may be reduced without impairing the architectural finish or proportions of the edifice.

Mr. Speaker put the question whether the House would agree to said resolution, and it was determined in the affirmative.

Mr. Coughlin called from the table the resolution previously offered by him, in the words following:

Whereas, The financial panic which so recently spread throughout this country, carrying destruction to many of our largest capitalists and moneyed institutions and paralyzing every branch of trade and business, has been unusually severe upon our working classes, thousands of whom now find themselves out of employment at the beginning of what promises to be a long winter; and

Whereas, By judicious legislation, prepared with a view of promoting and promptly pushing forward, in the several cities throughout the State, and particularly in the city of New York, such public works as are most needed, much of the present suffering might be alleviated without detriment to the public welfare; therefore, be it