Ordered, That the Clerk return said bill to the Senate, with a message informing that the Assembly have passed the sanie.

The bill entitled "An act to enable the trustees of the village of Greene, Chenango county, to raise money to purchase hose," was read a third time.

Mr. Speaker put the question whether the House would agree to the final passage of said bill, and it was determined in the affirmative, a majority of all the members elected to the Assembly voting in favor thereof, and three-fifths of said members being present.

Ordered, That the Clerk their concurrence therein.

McKiever

Miller

deliver said bill to the Senate, and request

The bill entitled "An act to provide for submitting the amended Constitution to the electors of the State," was being read a third time, when Mr. W. S. Clark moved to recommit the same to the committee on the judiciary, with instructions to make the following amendments, and report forthwith:

Amend by striking out in line 2, section 2, the word "three," and insert the word "four." Add in 5th line, after the word "suffrage," the words "Article three of the amended Constitution-Legislature." In line 6, strike out "3" and insert "4;" and strike out the word "other," in line 14, and insert the word "one." Add at the end of line 18 the words "the other of said ballots shall be indorsed 'Article three of the amended Constitution-Legislature,' and shall contain on the inside, when folded, the words 'For article three of the amended Constitution,' or the words 'Against article three of the amended Constitution,' and all the ballots so indorsed shall be deposited in the box labelled 'Article three of the amended Constitution-Legislature.'”

Amend the other sections of the bill to conform to requirements of the second section, as amended.

Debate was had thereon, when

Mr. Brush moved the previous question.

Mr. Speaker put the question, "Shall the main question be now put?" and it was determined in the affirmative.

Mr. Speaker then put the question whether the House would agree to said motion of Mr. W. S. Clark, and it was determined in the affirmative. Mr. Glenn rose to a question of privilege, and presented the following communication:

ASSEMBLY CHAMBER, April 9, 1868.

To the Hon. the Speaker of the Assembly:

I, Elijah M. K. Glen, upon the sanctity of my official oath charge that Alexander Frear, a member of this House, in conjunction with Mark M. Lewis, on the 27th day of March, 1868, by the offer to me of five hundred dollars, did attempt to influence my vote as a member of this House upon the adoption of the report from the committee on railroads, adverse to the act entitled "An act in addition to the acts concerning the Erie Railway Company," in violation of the official oath of the said Alexander Frear, and the statute in such case provided. I therefore ask that Mr. Frear be relieved from serving upon the committee appointed to investigate my charges, and that another member be substituted.

Pending the reading, Mr. Speaker referred the same to the special committee appointed to investigate charges of corruption.

Mr. Pitts called for the reading of the document. Mr. Speaker announced that the same would be read unless there were objections. Objection being made,

Mr. Pitts moved that said document be read.

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

When the name of Mr. Jacobs was called, he asked to be excused from

voting.

Mr. Speaker put the question whether the House would grant said request, and it was determined in the negative.

Quinn

Wiley

Reeve

When the name of Mr. Lasher was called, he asked to be excused from voting.

Mr. Speaker put the question whether the House would grant said request, and it was determined in the affirmative.

When the name of Mr. W. S. Clark was called, he asked to be excused from voting.

Mr. Speaker put the question whether the House would grant said request, and it was determined in the negative.

When the name of Mr. Pond was called, he asked to be excused from voting.

Mr. Speaker put the question whether the House would grant said. request, and it was determined in the affirmative.

When the name of Mr. Raber was called, he asked to be excused from voting.

Mr. Speaker put the question whether the House would grant said request, and it was determined in the negative.

The Chair stated that Mr. Frear, understanding himself to be charged in said communication with attempting to bribe the one making the communication, he therefore resigned his position as a member of the committee, pending the charges made against him.

Mr. Pitts moved to refer said communication to the committee on investigation, and that the resignation of Mr. Frear be accepted.

Mr. W. S. Clark moved to amend the motion by referring the communication to the committee, and refuse to accept the resignation of Mr. Frear; and that there be a division of the question, first, on the reference, and then on the acceptance.

Mr. Jacobs moved as a substitute the following:

Resolved, That the communication be referred to the committee on investigation, to report forthwith whether any action upon the part of the House, in relation to any member of said committee, is necessary. Debate was had thereon, when

Mr. Brush moved the previous question.

Mr. Speaker put the question, "Shall the main question be now put?" and it was determined in the affirmative.

Mr. Speaker then put the question whether the House would agree to said substitute of Mr. Jacobs, and it was determined in the affirmative. Mr. W. S. Andrews rose to a question of privilege, and read the following from the Albany Argus:

"RE-APPEARANCE OF MR. GLENN.-Mr. Glenn returned yesterday to the city, accompanied by his son. It is said that counsel has been supplied him by one of the great contending railway companies, and that he is strengthened to sustain his charges of corruption against his legislative colleagues."

Mr. W. S. Andrews moved that this matter be referred to the committee on investigation, and that they cause the writer of the article to be subpoenaed to appear before said committee to substantiate the truth of said article.

Mr. Jacobs moved the previous question.

Mr. Speaker put the question, "Shall the main question be now put ?" and it was determined in the affirmative.

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

Mr. Speaker announced the special order, being the consideration of the bill entitled as follows:

"An act to amend an act entitled 'An act to regulate the sale of

intoxicating liquors within the Metropolitan Police district of the State of New York,' passed April 14, 1866."

The House then resolved itself into a committee of the whole on said bill; and after some time speut therein, Mr. O'Reilley, from said committee, reported in favor of the passage of the same.

Mr. Tarbox moved to disagree with the report of the committee, and that the bill be recommitted to the committee on the affairs of cities, with instructions to make the following amendment:

Strike out all after the enacting clause and insert the following: SECTION 1. Section four of said act is hereby amended so as to read as follows:

"§ 4. The said board of excise shall, subject to the further provisions. hereof, have power to grant licenses to any person or persons, of good moral character, and who shall be approved by them, permitting him or them, for any period not less than three months nor more than one year from the date of the application for the same, to sell and dispose of, at any one named place within the said Metropolitan police district, exclusive of the county of Westchester, strong and spirituous liquors, wines, ale or beer, or any one or more of them, in quantities less than five gallons at a time, upon receiving a license fee, the amount of which is hereby fixed and apportioned as follows: For a license for the sale of ale and beer only, to any person or persons, a sum not less than fifty dollars nor more than one hundred dollars, to be fixed by the board, as they shall determine on each particular application; for a license for the sale of strong and spirituous liquors, wines, ale and beer, to persons other than proprietors or keepers of hotels, restaurants or refectories, a sum not less than one hundred nor more than two hundred and fifty dollars, to be fixed by the board, as they shall determine in each particular application; for a license to keepers or proprietors of hotels, for the sale of strong and spirituous liquors, wines, ale and beer, a sum not less than one hundred dollars or more than one thousand dollars, to be fixed by the board, as they shall determine, in each particular application, regard being had to the probable amount of business; to all proprietors and keepers of first-class restaurants or refectories, for a license for the sale of strong and and spirituous liquors, wines, ale and beer, the sum of five hundred dollars; to the proprietors or keepers of other restaurants or refectories, for the sale of strong and spirituous liquors, wines, ale and beer, the sum of two hundred and fifty dollars, or less, in the discretion of the board of excise. The question as to which are of the first or other class, shall be determined by said board, in their discretion, and their judgment thereon shall be final and conclusive for the purposes of this act. In all cases the said board of excise shall, for the purposes of this section, determine whether the place at which strong and spirituous liquors, wines, ale or beer are proposed to be sold, is a hotel, restaurant or refectory, and their decision thereon shall be final."

§ 2. Section fourteen of said act is hereby amended so as to read as follows:

"§ 14. All persons licensed as herein provided, shall keep the places at which they are so licensed to keep, sell, give and dispose of strong and spirituous liquors, wines, ale and beer, orderly and quiet, and between the hours of half-past twelve o'clock A. M., and four o'clock a. m., completely and effectually closed; but on every Saturday night such places shall be closed at twelve o'clock and shall not again be opened until four o'clock on Monday morning. Nothing herein contained shall be construed to prevent hotels from receiving and otherwise enter

taining the traveling public upon Sunday, subject to the restrictions contained in this act."

§ 3. The said board of excise may, and they hereby are empowered, upon the application of any person or persons to whom licenses may have been or shall be hereafter granted under the provisions of this act, to gront permission in writing to such persons holding such license, to keep his or their place, at which they are so licensed, open during any one particular night only, to be designated in such permit. Such permission shall be granted by said board for such causes and reasons and on such occasions as to the board may seem just and reasonable, and said causes and reasons shall be entered on the minutes of the board. But no such permit shall be granted except upon the receipt of a permit fee, which shall be fixed by said board, and shall not be less than five dollars nor more than twenty-five dollars. And no such permit shall be granted which shall allow any place to be opened or kept open, or which allows any strong or spirituous liquors, wines, ale or beer to be sold, given away, disposed of, exposed for sale or publicly kept, at any time between twelve o'clock on Saturday night and four o'clock on Monday morning. Nothing in this section contained shall be construed as compulsory upon said board of excise to grant such permits. And any person or persons having such permission may keep his or their place open as shall be in such permission designated and provided, but not otherwise, and during such time may sell and dispose of liquors and wines, or ale and beer, at such place as provided in his or their license, anything to the contrary in this act notwithstanding. Such permission or permit shall not be transferable, and in case any such permit or permission shall be transferred, the same shall be void, and the person obtaining the same shall be liable to all the penalties provided for in this act.

§ 4. Said board may prescribe the form of application to be used in applying for a license, and the statements, promises and representations to be contained therein, and on due proof of a violation of the same, may revoke the license granted therein. On receiving any such application for a license, together with a deposit of the amount of license fee, said board may grant the applicant a permit in anticipation of the license, which permit shall, for not exceeding ten days, have the same effect as a license, but shall not be renewed or extended.

§ 5. In any license the said board may define and describe the place licensed, both in reference to the authority conferred, and the rights and liabilities conferred and assumed by or under said license, and the laws relative thereto, and the word "place" shall have the meaning given thereto in any such license not inconsistent with the provisions of this act.

§ 6. It shall be the duty of every court, judge or justice, and of all clerks of courts of criminal jurisdiction in said district, to transmit weekly to the secretary of said board a certified record of the conviction of every person convicted in said court or before said judge or justice during the preceding week, of any violation of this act, which certificate shall show the name of the person convicted, the place where the offence was committed, and the precise nature of the offence. They shall also transmit weekly a similar statement as to every person tried and acquitted or held to bail for violation of said act, and said board may prescribe the form of such return.

§ 7. Said board may publish such number of copies of its annual report as it may deem proper. It may compromise any claim or action for a penalty by a two-thirds vote.

§ 8. Service of any summons to appear before said board to answer [ASSEMBLY JOURNAL.] 111