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And then the House adjourned until eleven o'clock to-morrow

morning.

TUESDAY, JANUARY 27, 1835.

The House met pursuant to adjournment.

The petition of sundry inhabitants of the counties of Delaware and Chautauque, praying the aid of the State in the construction of the New-York and Erie rail-road, was read, and referred to the

committee on rail-roads.

The petition of sundry inhabitants of the county of Genesee, praying for the incorporation of a company to construct a rail-road

from the village of Stafford in said county, to intersect the Tonawanda rail-road, was read, and referred to the committee on railroads.

Eight several petitions of sundry inhabitants of the counties of Dutchess, Madison, New-York, Lewis, Cortland, Saratoga and Oneida, praying a repeal of the law of the last session, proscribing botanic practice, were read, and referred to the select committee on that subject, of which Mr. J. Haskell is chairman.

The petition of sundry inhabitants of the town of Richland in the county of Oswego, praying for the passage of an act authorising the erection of dams across Salmon river in said town, for hydraulic purposes, and repealing all former acts in relation to the fishery in said river, was read, and referred to the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies.

The petition of the managers of the New-York Institution for the blind, praying legislative aid in furtherance of the objects of the institution, was read, and referred to the select committee on so much of the Governor's message as relates to that subject.

Two several petitions of sundry inhabitants of the county of Allegany, praying for the construction of a canal from Rochester to Olean, with a branch to Dansville, were read, and referred to the committee on canals and internal improvements.

The petition of sundry inhabitants of the county of Broome, praying for the incorporation of a bank, to be located at Owego in the county of Tioga, was read, and referred to the committee on the incorporation and alteration of the charters of banking and insurance companies.

The petition of sundry inhabitants of the counties of Erie and Genesee, praying for the incorporation of a company to construct a rail-road from Attica to Buffalo, was read, and referred to the committee on rail-roads.

Two several petitions of sundry inhabitants of the county of Ontario, praying for the incorporation of a company to construct a rail-road from Auburn to Rochester, were read, and referred to the committee on rail-roads.

The petition of sundry inhabitants of the town of Manlius in the county of Onondaga, praying for a division of said town, was read, and referred to the committee on the erection and division of towns and counties.

The petition of W. A. Bird and others of the county of Erie, praying for the passage of an act authorising the Comptroller to modify the lease of a certain water privilege at Black-Rock in said county, was read, and referred to the Canal Board.

The petition of sundry inhabitants of the county of Tompkins, praying relief from the present State prison system, was read, and referred to the select committee on that subject, of which Mr. Carr is chairman.

The remonstrance of John Brown of the city and county of Schenectady, against the petition of the Hudson and Mohawk Řail

Road Company, for the passage of an act to improve the facilities of transhipping property at said city, was read, and referred to the committee on canals and internal improvements.

The remonstrance of sundry inhabitants of the county of Cortland, against the incorporation of a bank, to be located in Cortland village in said county, was read, and referred to the committee on the incorporation and alteration of the charters of banking and insurance companies.

The petition of sundry inhabitants of the counties of Cortland, Cayuga and Tompkins, praying for the incorporation of a company to construct a rail-road from Auburn in the county of Cayuga, to Ithaca in the county of Tompkins, was read, and referred to the committee on rail-roads.

The petition of Ephraim Bogardus, praying remuneration for certain expenses alleged to have been incurred in the defence of the title to certain lands purchased of the State, was read, and referred to the committee on claims.

Two several petitions of sundry inhabitants of the counties of Yates, Ontario and Steuben, praying relief from the injurious effects of the canal upon the hydraulic works on the outlet of the Crooked lake, were read, and referred to the committee on grie

vances.

The House then proceeded to the consideration of the resolution heretofore reported by Mr. Wilkinson, from the committee on the incorporation and alteration of the charters of banking and insurance companies; the same was again read, in the words following, to wit:

Resolved, That the committee on the incorporation and alteration of the charters of banking and insurance companies, be instructed to address interrogatories to the cashiers of the several banks under the Safety fund law, (except those in the city of NewYork,) requiring immediate answers in writing to such interrogatories, under oath, touching the practice referred to in the Governor's message, of exacting premiums on drafts as connected with the business of discounting.

Thereupon,

Mr. M.-H. Sibley made a motion that the House should agree to amend the said resolution, by inserting the word "presidents" before the word "cashiers," where it occurs in the said resolution, and by adding thereto, at the end thereof, the following:

"And that such interrogations shall be so framed as to require from such cashiers and presidents respectively, to state explicitly and fully the practices and proceedings of such banks in relation to the discounting of such drafts, with the amount of such drafts, designating the years in which they have been so discounted: And also so as to require full and explicit information whether such banks have or have not discounted notes payable elsewhere than at the banks at which the same were discounted; and if elsewhere, then at what places the same were made payable; and whether it was directly or indirectly a requirement of such bank, or any officers thereof, that such notes should be made payable elsewhere

than at such banks, as a condition of discounting the same: And also whether such notes have in all instances been sent to the place of payment; and if not, whether, in any instance where that has not been so sent, any charges for postage, protest or other disbursement, have been charged or paid thereon: And also that such interrogatories be so framed as to require full and explicit informa. tion in relation to the amount of all notes or drafts which may have been so discounted at such banks respectively, and the years during which the same have been discounted; and whether any such notes, and what proportion of the same, have been paid directly or indirectly in the purchase of drafts of the banks at which such notes were discounted; what premium has been charged on such drafts, and the aggregate amount of premiums thus paid: Also that such interrogatories be so framed as to require such presidents and cashiers respectively to answer fully and explicitly, whether the aforesaid practices, if they have existed, have been known to the Bank Commissioners, or any of them; how long they have been so known; and what measures such Commissioners, or any of them, have taken to prevent such practices.

"It is further resolved, That such presidents and cashiers be, and they are hereby required to render prompt and full answers to such interrogatories."

Debates were had thereon; and while the same was under consideration, Mr. Roosevelt made a motion that the House should agree to a substitute for the said amendment, in the words following, to wit:

"And also touching the practice, if any such exist, of causing their customers, when applying for loans, to make the notes offered for discount payable at a distant place, on which such banks may be in the habit of selling drafts at a premium; and also touching any other practices inconsistent with fair dealings on the part of these institutions towards the public.

"And it is further resolved, That the said committee have power (should they find it necessary) to send for persons and papers; and that they report to this House the result of their investigations with all convenient speed."

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

(AYES 85
NAYS 28

The ayes and nays being required by ten members,

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Mr. Burhans
Mr. Barnum
Mr. Cadwell
Mr. Carpenter
Mr. Cash
Mr. A. Clark
Mr. J. Clark

Mr. Clinch

Mr. Coe

Mr. Crain

Mr. Crary
Mr. Crosby
Mr. Crowell.

Mr. Cuykendall

Mr. Davis

Mr. Dayan
Mr. Denniston
Mr. Eldred
Mr. Finch
Mr. Fisher
Mr. Gray
Mr. Griswold

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Mr. Hicks
Mr. Hiller.
Mr. Hillyer
Mr. Hough

Mr. Jackson

Mr. Jones

Mr. Judd

Mr. Kent
Mr. King
Mr. Krum

Mr. Livingston
Mr. Lockwood
Mr. Loomis

Mr. Lytle

Mr. Mallory
Mr. Murphy
Mr. Ogden
Mr. Ostrom
Mr. P. W. Paddock
Mr. W. S. Paddock
Mr. Palmer

Mr. Parker
Mr. Peck

Mr. Pettit

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Mr. Quackenboss
Mr. Rice
Mr. Ringgold
Mr. Roosevelt
Mr. Seger

Mr. Shafer
Mr. Shepard
Mr. Speaker
Mr. Springer
Mr. Stetson

Mr. Suffern

Mr. Thorn
Mr. Tillinghast
Mr. Van Bergen
Mr. Wager
Mr. Warren
Mr. Wetmore
Mr. Wheeler
Mr. Wilcoxson
Mr. Wilkinson
Mr. Williams
Mr. Woodbury
Mr. A. Woodworth
Mr. Wylie

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Mr. Hildreth

85

28

On motion of Mr. Wilkinson, the said resolution was further amended, by adding before the word "cashiers" where it occurs in the original resolution, the word "presidents," and also by inserting after said "cashiers" the words "or other officers;" and further, on motion of Mr. Suffern, by adding after the foregoing substitute, the following:

"And be it further resolved, That it shall be the duty of the chairman of said committee, to transmit two copies of the said resolution and interrogatories, by mail, directed to the sheriff of the respective counties in which said banks are located; whose duty it shall be, on the receipt thereof, forthwith to deliver one of them to the cashier or president of each and every bank in said county:

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