bring about the deepening of the Hudson river, to provide a twenty-seven foot ship channel from the city of Hudson to the head of tidewater at the Federal dam at Troy as a national waterway; and,

Whereas, The Congress of the United States has authorized an estimate and survey under the direction of the United States Board of Army Engineers to determine upon the feasibility and practicability of this project and its approximate cost; and,

Whereas, A brief and survey of this project has been prepared by expert engineers, which brief and survey has been filed with the United States Army Engineer in charge of this territory for his favorable report; and,

Whereas, The Governor in his annual message, has indorsed the project of deepening the Hudson river to the Federal dam at Troy and also set forth his indorsement of legislation to create a port district of the Upper Hudson river, necessary for the development of commerce and the handling of the business and trade to be brought about by the said deepening of the channel of the Hudson river to twenty-seven feet;

Therefore, be it Resolved (if the Senate concur), That the Legislature of the State of New York do hereby memorialize the Congress of the United States to enact appropriate legislation, to provide the authorization and the necessary appropriation for the deepening of the Hudson river to the head of tidewater at the Federal dam at Troy and that we do hereby call upon representatives of the State of New York in the United States Senate and the House of Representatives, to do their utmost to see that favorable action is taken at once on this important and necessary legislation.

Be it further Resolved (if the Senate concur), That a copy of this resolution be transmitted to the Clerk of the United States Senate and to the Clerk of the House of Representatives and to each Senator and Representative in Congress from this State.

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

Ordered, That the Clerk deliver said resolution to the Senate and request their concurrence therein.

By Mr. Bungard:

Whereas, His Excellency the Governor, in his annual message to the legislature on the second day of January, nineteen hundred and twenty-four, delivered at a joint session of both the Senate and Assembly, called specific attention to the question of water pollution, particularly as it affected the pollution of the shore line of the State of New York, and stated that he did not believe that the pollution of the shore line came within the purview of the conservation committee, and that a petition to Congress would be the proper procedure to take such action against the dumping of oil; and,

Whereas, Scientific advance in naval locomotion has made the use of oil more and more frequent in the place of coal and the installation of oil burning equipment for the driving power of ships has become more and more universal; and,

Whereas, Attendant upon the use of oil for naval locomotion has come a system of dumping refuse oil at sea near land; and,

Whereas, This refusè oil has by action of the waves been caused to be washed upon the beaches of the state of New York, thereby seriously interfering with the health, pleasure and recreation of millions of our citizens who use the beaches annually; and,

Whereas, Such refuse oil has further been washed up into New York Harbor, not only polluting the harbor, the East river and the North river, but also saturating the wharves abutting into the rivers; and,

Whereas, Such oil that was dumped and so washed ashore has not only created an interference in the health, pleasure and recreation of our citizens and the millions of visitors from the various States of the United States to our shores, but has also constituted a very grave and dangerous fire hazard which might result in great loss of property and possible loss of life; and,

Whereas, The sole jurisdiction of the navigable waters lies within the purview and province of the United States Government;

Therefore, Resolved (if the Senate concur), That the Legislature of the State of New York urge the enactment by Congress of such appropriate legislation as will prevent the dumping of oil within such a given limit off our shore line, in order that it may not be washed ashore upon our beaches, thereby preventing annoyance and interference with the health, pleasure and recreation of millions of our citizens and further causing the abatement of the grave fire hazard which the dumping of such refuse oil has created in the Port of New York, and that Congress appoint a commission to investigate the best ways and means of preventing and abating this serious menance and annoyance, and be it further

Resolved, That a copy of this resolution be transmitted by the Clerk of this House to the Clerk of the Senate of the United States and the Clerk of the House of Representatives, and that a copy thereof be transmitted to each of the Chairmen of naval and commerce committees of the Senate and House of Representatives, respectively; and be it further

Resolved, That a further copy of this resolution be transmitted to the Secretary of Navy and Secretary of Commerce.

Said resolution giving rise to debate, ordered that the same be laid upon the table.

By unanimous consent, Mr. Mandelbaum offered for the consideration of the House a resolution, in the words following:

Whereas, This country was built and has grown prosperous and great upon the basic principle that all men, regardless of race, [ASSEMBLY JOURNAL] 10

were welcome to our shores and that immigration should be encouraged rather than retarded;

Whereas, After the World War immigration to this country was restrained by the so-called quota law which represented the extreme of restriction to which immigration should be subjected even during the uncertain and unsettled period immediately succeeding the war;

Whereas, There is now pending before the Congrses of the United States a measure known as the Johnson Bill intended to place further restrictions and limitations on immigration to this country;

Whereas, It is the sense of this Legislature that such measure in unwise, uneconomic, unsound in principle and at variance with our best tradition and the fundamental concept of a democratic State.

Resolved (If the Senate concur), That the Congress be and the same hereby is respectfully memorialized to defeat such measure and in its stead to enact such provision of law as will liberalize the policy of the government in respect to immigrants.

Resolved (if the Senate concur), That a copy of this resolution be forwarded to the Clerk of the Senate and of the House Representatives and to each member of the Congress from the State of New York.

Said resolution giving rise to debate, ordered that the same be laid upon the table.

Mr. McCleary gives notice that he will on Monday, January 21, 1924, call up his resolution in relation to pay of postal employees, submitted January 8th.

Notice is hereby given that resolution offered by Mr. Murphy of Monroe on January 14th, and read on the 15th, will be called up for debate on Monday evening, January 21st.. This is the resolution relative to the Mellon Tax Plan.

Mr. Palma hereby gives notice that resolution introduced by him to memorialize Congress of the United States on the pending Johnson immigration bill on January 14 be called for debate on January 23, 1294.

The privileges of the floor were extended to Hon. Geo. J. Jesse. Mr. Speaker presented the following designation:

I hereby designate and appoint Mr. McGinnies of Chautauqua to perform the duties of Speaker.

H. E. MACHOLD,

On motion of Mr. Adler, the House adjourned.

Speaker

WEDNESDAY, JANUARY 16, 1924

The House met pursuant to adjournment.

Mr. McGinnies in the chair.

Prayer by Rev. Creighton R. Storey.

On motion of Mr. Adler, the reading of the journal of yesterday was dispensed with, and the same was approved.

Mr. Bungard introduced a bill entitled "An act to amend the Civil Practice Act, in relation to testimony by deposition in certain actions" (Int. No. 272), which was read the first time and referred to the committee on codes.

Also, "An act to amend the Code of Criminal Procedure, in relation to peace officers" (Int. No. 273), which was read the first time and referred to the committee on codes.

Also, "An act to amend the Civil Practice Act, in relation to defining the meaning of preference in the trial of civil actions" (Int. No. 274), which was read the first time and referred to the committee on codes.

Mr. Burchill introduced a bill entitled "An act to authorize the city of New York to acquire by condemnation the right to remove the elevated railroad structure from Trinity place, Church street, Murray street, West Broadway, Third street, Sixth avenue and Fifty-third street, in the Borough of Manhattan of said city, and to extinguish all rights in said structure; or to maintain the same; or to operate trains thereon or thereover, and to provide compensation for the loss of such rights and to assess the cost and expense thereof upon property benefited thereby" (Int. No. 275), which was read the first time and referred to the committee on affairs of cities.

Mr. Cole introduced a bill entitled "An act to amend the Surrogate Court Act, in relation to the compensation of the surrogate's court stenographer of Herkimer county" (Int. No. 276), which was read the first time and referred to the committee on codes.

Mr. Conroy introduced a bill entitled "An act to amend the Workmen's Compensation Law, in relation to the reduction of the non-compensated waiting period after an accident (Int. No. 277), which was read the first time and referred to the comittee on the judiciary.

Also, "An act extending until February fifteen, nineteen hundred and twenty-six, the time of application of certain acts of the years nineteen hundred and twenty and nineteen hundred and twenty-one as amended, relating to defenses in actions based upon unjust, unreasonable and oppressive agreements for rent of premises occupied for dwelling purposes in certain cities, and to summary proceedings to recover the possession of real property in certain cities" (Int. No. 278), which was read the first time and referred to the committee on the judiciary.

Mr. Cooke introduced a bill entitled "An act to amend the High

way Law, in relation to the construction of county roads in certain cities of the third class" (Int. No. 279), which was read the first time and referred to the committee on internal affairs.

Also, "An act to provide for the construction of a retaining wall at the junction of Ellicott creek, the Barge canal and the former Erie canal, at Tonawanda, and making an appropriation therefor" (Int. No. 280), which was read the first time and referred to the committee on ways and means.

Mr. Cuvillier introduced a bill entitled "An act to authorize the construction of a bridge over the East river between the boroughs of Manhattan, The Bronx and Queens within the city of New York" (Int. No. 281), which was read the first time and referred to the committee on affairs of cities.

Mr. Esmond introduced a bill entitled "An act to amend the Election Law, in relation to enrollment of voters in districts where registration is not required to be personal" (Int. No. 282), which was read the first time and referred to the committee on the judiciary.

Mr. Fake introduced a bill entitled “An act to amend the Highway Law, in relation to county highways in Schoharie county" (Int. No. 283), which was read the first time and referred to the committee on internal affairs.

Also, "An act to amend the Highway Law, in relation to county highways in Schoharie county" (Int. No. 284), which was read the first time and referred to the committee on internal affairs.

Mr. Freiberg introduced a bill entitled "An act to amend the Penal Law, in relation to licenses for the carrying and use of dangerous weapons" (Int. No. 285), which was read the first time and referred to the committee on codes.

Mr. Hackenberg introdued a bill entitled "An act to amend the Workmen's Compensation Law, in relation to insurance carriers" (Int. No. 286), which was read the first time and referred to the committee on the judiciary.

Also, "An act authorizing the commissioners of the sinking fund of the city of New York to cancel and annul all taxes which are now a lien upon the property of the Finch School Day Nursery, in the borough of Manhattan, city of New York" (Int. No. 287), which was read the first time and referred to the committee on affairs of cities.

Also, "An act to amend the Labor Law, in relation to hours of employment of certain State, county and municipal employees" (Int. No. 288), which was read the first time and referred to the committee on labor and industries.

Also, "An act to amend the prison law, in relation to hours of labor of employees in penal institutions" (Int. No. 289), which was read the first time and referred to the committee on labor and industries.

Also, "An act to amend chapter two hundred and three of the Laws of nineteen hundred and twenty-one, entitled 'An act to authorize the appointment of commissioners to "the port author