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The yeas and nays were taken agreeably to the provisions of the Constitution, and were as follows, viz:

YEAS.

Messrs. Bolard, Calpin, Cochran, Crawford, Cumings, Dewalt, Edmiston, Fox, Freeland, Godcharles, Goehring, Gransback, Grim, Hackett, Hall, Heidelbaugh, Herbst, Hill, Irvin, Keyser, Manbeck, Matson, McNees, McPherson, Miller, Phillips, Quail, Roberts, Scott, Shepard, Sisson, Sproul, Stewart, Stineman, Stober, Thomas, Thomson, White, Wilbert, Woods (Allegheny) and Woods (Westmoreland)-41.

None.

NAYS.

Two-thirds of all the Senators having voted "aye," the question was determined in the affirmative.

The Clerk of the House of Representatives, being introduced, informed that the House of Representatives has concurred in the resolution from the Senate as follows, viz:

In the State Senate, January 13, 1905.

Resolved (if the House of Representatives concur), That the Legislative Record be printed in the same style as at the last session, and that all reports of special committees and official committees presented in either body be included therein.

He also informed that the House of Representatives has concurred in the resolution from the Senate, as follows, viz.:

In the State Senate, January 3, 1905.

Whereas, The Postoffice Department has decided that the Legislative Record must be third class matter, and so instructed the Postmaster at Harrisburg; and,

Whereas, It will now be necessary to prepay the postage; therefore,

Be it Resolved (if the House of Representatives concur), That the chief clerks of the Senate and House of Representatives be directed to make arrangements for the necessary postage, so that the Legislative Record may be mailed according to the requirement of the Postoffice Department, and that the Appropriation Committee (when appointed) provide for the cost of the same in their general appropriation bill.

He also informed that the House of Representatives has concurred in the resolution from the Senate, as follows, viz.:

In the State Senate, January 3, 1905.

Resolved (if the House of Representatives concur), That when the General Assembly adjourns to-day it be to meet on Monday, January 16, at 9 o'clock P. M.

He also informed that the House of Representatives has concurred in the resolution from the Senate, as follows, viz.:

In the State Senate, January 3, 1905.

Resolved (if the House of Representatives concur), That the General Assembly adjourn sine die on Thursday, April 13, one thousand nine hundred and five, at twelve o'clock noon."

He also informed that the House of Representatives has concurred in the resolution from the Senate, as follows, viz.:

In the State Senate, January 3, 1905.

Resolved (if the House of Representatives concur), That five thousand (5,000) copies of the Governor's message be printed; two thousand for the use of the Senate, and three thousand for the use of the House of Representatives.

He also presented the following extract from the Journal of the of the House of Representatives.

In the House of Representatives, January 3, 1905.

Resolved, by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met:

That the Secretary of the Commonwealth be, and he is hereby authorized to postpone the time for advertising and the time for receiving and opening all proposals for executing the public printing and binding, and the allotment of the contract for the term of four years from the first day of July following, until the fourth Tuesday of February, 1905, instead of receiving, opening said bids and allotting execution of the contract on the fourth Tuesday of January, 1905, as now provided by law.

The foregoing resolution having been twice read, considered and agreed to,

Ordered, That the Clerk inform the House of Representatives accordingly.

He also presented the following extract from the Journal of the of the House of Representatives.

In the House of Representatives, January 3, 1905.

Resolved, That the House of Representatives do now proceed to appoint a teller, and make nominations of persons to fill the office of Senator, to represent this State in the Senate of the United States to fill the vacancy arising by reason of the expiration of the time for which Honorable Philander C. Knox was appointed to said office, and that the name of the teller so appointed and of the persons so nominated be communicated to the Senate, in accordance with the provisions of section one of the act of Assembly, approved January 11, A. D. 1867, in such case made and provided, and that Honorable Fred Taylor Pusey be nominated as teller on the part of the House of Representatives.

The Hon. Philander C. Knox was placed in nomination by Hon. Frank P. Ray.

The Hon. James K. P. Hall was placed in nomination by R. Scott Ammerman.

Ordered, That the Clerk inform the Senate accordingly.

He also presented the following extract from the Journal of the of the House of Representatives.

In the House of Representatives, January 3, 1905.

Resolved, That the House of Representatives do now proceed to appoint a teller and make nominations of persons to fill the office of Senator to represent this State in the Senate of the United States for six years from the fourth of March next, and that the name of the teller so appointed and of the persons so nominated be communicated to the Senate, in accordance with the provisions of section one of the act of Assembly, approved January 11, A. D. 1867, in such case made and provided, and that Honorable Fred Taylor Pusey be named as teller on the part of the House of Representatives.

The Hon. Philander C. Knox was placed in nomination by Hon. Frank P. Ray.

The Hon. James K. P. Hall was placed in nomination by Hon. R. Scott Ammerman.

Ordered, That the Clerk inform the Senate accordingly.

On leave given at this time,

On motion of Mr. White,

The following preamble and resolution was twice read, considered and agreed to, viz.:

Whereas, Since the adjournment of this Senate, the Hon. Mat thew Stanley Quay, senior Senator from Pennsylvania in the Senate of the United States, has been called away from the scene of his earthly labors and achievements; and,

Whereas, in his life he rendered to this, his native State, conspicuous and invaluable services as a member of the General Assembly, as a soldier in the Civil War, as Secretary of the Commonwealth, as State Treasurer, and as her representative in the Senate of the United States for many years, thus winning for himself one of the foremost places among the citizens and statesmen of his State and country; therefore, be it

Resolved, That the Senate, at a day to be fixed hereafter, shall hold suitable memorial services in honor of this distinguished son and citizen of the Commonwealth; that, out of respect to his memory, the Senate do now adjourn, and that a committee of three be appointed by the Chair to arrange the order of said memorial service.

Whereupon,

The President adjourned the Senate until Monday, January 16, at nine o'clock P. M.

MONDAY, JANUARY 16, 1905.

The President in the Chair.

Mr. Woods (Allegheny) asked and obtained leave of absence for Mr. Goehring for this week.

On motion of Mr. Keyser,

The following resolution was twice read, considered and agreed to, viz.:

Resolved, That, in accordance with the practice of previous sessions, all petitions, memorials and remonstrances be handed to the Chief Clerk for reference to their respective committees, without presentation in open session.

On motion of Mr. Scott,

The following resolution was twice read, considered and agreed to, viz.:

Resolved, That the standing committee of the Senate, known as the Committee on Centennial Affairs, be designated and known hereafter as the Committee on Exposition Affairs, and that the President pro tempore of the Senate shall be authorized, and is hereby directed to appoint eleven members of the Senate theron.

On motion of Mr. Herbst,

The following preamble and resolution was twice read, viz.:

Whereas, Article two, section four of the Constitution of Pennsylvania, provides that in case of a vacancy in the office of United States Senator from this Commonwealth, in a recess between sessions, the Governor shall convene the two houses, by proclamation, on notice not exceeding sixty days, to fill the same.

Whereas, such a vacancy did occur during the summer of 1904 by the death of Hon. M. S. Quay, and the two houses were not convened by the Governor, but an appointment was made by him for which there is no warrant in the Constitution of Pennsylvania; therefore,

Resolved, That the Senate of Pennsylvania deplores this infringement upon the rights of the legislative department by the Executive, and condemns as usurpation the act of making an appointment, the right to do which is by the Constitution of Pennsylvania vested solely and alone in the two houses.

On the question,

Will the Senate agree to the resolution?

A motion was made by Mr. Sproul,

That the question, together with the further consideration of said resolution, be laid on the table.

On the question,

Will the Senate agree to the motion?

The yeas and nays were required by Mr. Herbst and Mr. Cochran, and were as follows, viz.:

YEAS.

Messrs. Bolard Brown, Catlin, Cumings, Edmiston, Fisher, Godcharles, Gransback, Hackett, Heidelbaugh, Irvin, Keyser, Manbeck, Matson, McNees, McPherson, Miller, Phillips, Quail, Roberts, Scott, Shepard, Sisson, Sproul, Stewart, Stineman, Stober, Thomas, Thompson, Wilbert, Woods (Allegheny), and Woods (Westmoreland)-32.

NAYS.

Messrs. Cochran, Dewalt, Freeland, Grim, Hall, Herbst, Hill and Zern-8.

So the question was determined in the affirmative.

The Chair laid before the Senate the fifty-seventh annual report of the auditors of the Western Savings Fund Society, of Philadelphia, for the year 1903.

Which was laid on the table.

(See Official Documents.)

The Chair laid before the Senate the Report of Tolls received on the Lehigh Navigation during the years 1903 and 1904.

Which was laid on the table.

(See Official Documents.)

The Chair laid before the Senate the fifty-ninth annual report of the Saving Fund Society of Germantown.

Which was laid on the table.

(See Official Documents.)

The Chair laid before the Senate the return of the writ of the special election for Senator in the Thirty-fourth Senatorial District, held on November 8, 1904, to fill the vacancy caused by the death of Hon. Alexander E. Patton.

Laid on the table.

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