Resolved, That Daniel Fullerton is not entitled to a seat in this Assembly. Resolved, That Daniel T. Durland is entitled to a seat in this Assembly, as a member from the third Assembly district, of the county of Wayne, and that he be admitted and sworn as such. F. C. DININNY. R. MCINTOSH. Assembly Documents, 1850, vol. 1, No. 67; see do. for petition, documents, testimony, &c., pages 11 to 53. FIVE TIMES THE USUAL NUMBER OF THE REPORT ORDERED PRINTED. Mr. Ford offered for the consideration of the House a resolution in the words following, to wit : Resolved, That five times the usual number of the report on elections, in relation to the contested seat in Orange county, and the evidence presented to and taken by them be printed for the use of the House, and in the meantime that the report lay upon the table. • Mr. Speaker put the question whether the House would agree to so much thereof as relates to printing, and it was determined in the affirmative. Mr. Speaker then put the question whether the House would agree to so much thereof as relates to laying upon the table, and it was determined in the affirmative. Assembly Journal, 1850, page 355. BOOKS, STATIONERY, &C., FURNISHED MR. DURLAND. On motion of Mr. Fiske, Resolved, That Mr. Durland be supplied with the same number of newspapers as are furnished to members of this House, also books, documents, knife, stationery, &c., to be paid for in the same manner, and all books and all other articles furnished members. Assembly Journal, 1850, page 386. REPORT OF COMMITTEE TAKEN UP AND CONSIDERED, AND MOTION MADE TO RE-COMMIT TO COMMITTEE. IN ASSEMBLY, February 26, 1850. Mr. Burroughs moved that the special order before the House be postponed until to-morrow at 12 o'clock M., for the purpose of taking up for consideration at this time the report and resolutions of the committee on privileges and elections, in relation to the claim of Daniel T. Durland to the seat occupied by Daniel Fullerton, from the third district of the county of Orange. Mr. Speaker put the question whether the House would agree to the said notion of Mr. Burroughs, and it was determined in the affirmative. Mr. L. Ward Smith offered for the consideration of the House a resolution in the words following, to wit: Resolved, That the report and resolutions of the standing committee on privileges and elections, on the contested seat between Mr. Durland and Mr. Fullerton, be re-committed with instructions to take testimony in relation to the illegal votes alleged to have been given at said election. Assembly Journal, 1850, page 472. CONSIDERATION POSTPONED UNTIL FOUR O'CLOCK. Mr. Speaker announced the question to be on Mr. L. Ward Smith's resolution to re-commit the report and resolutions of the committee on privileges and elections, with instructions to take testimony as to illegal voting in the case of the contested election in the third district of the county of Orange. The Speaker put the question whether the House would agree to the said resolution, and it was determined in the negative. Ayes, 44. Noes, 50. Mr. Pruyn moved that the House do now adjourn. Mr. Speaker put the question, and it was determined in the nega tive. Ayes, 43. Noes, 50. Mr. Lyon called for the previous question. Mr. McLean moved that the motion for the previous question be laid upon the table. Mr. Speaker put the question, and it was determined in the negative. Ayes, 44. Noes, 50. Mr. Wakeman moved that the House do now adjourn. tive. Ayes, 42. Noes, 50. REPORT OF COMMITTEE ADOPTED.-MR. DURLAND AWARDED SEAT AND SWORN IN. After efforts to adjourn, etc., Mr. Speaker announced the main question to be on the adoption of the resolutions reported by the committee on privileges and elections, which are as follows: Resolved, That Daniel Fullerton is not entitled to a seat in this Assembly. Resolved, That Daniel T. Durland is entitled to a seat in this Assembly as a member from the third district from the county of Orange, and that he be admitted and sworn as such. Mr. Speaker put the question whether the House would agree to the said resolutions. The Clerk having gone through with the roll, proceeded to call the absentees, and on calling the name of Mr. Waters, he arose and asked to be excused, giving his reasons therefor. Mr. Speaker put the question whether the House would agree to excuse Mr. Waters, and it was determined in the affirmative. The Clerk having concluded the call of absentees, the vote on the said resolution was determined in the affirmative. Ayes, 50. Noes, 38. Mr. Ford inoved that the vote just taken on said resolutions be reconsidered, and moved the previous question thereon. Mr. Wakeman moved to lay the said motion of Mr. Ford on the table. Mr. Speaker put the question whether the House would agree to the said motion of Mr. Wakeman, and it was determined in the negative. Mr. Speaker put the question whether the House would agree to second the call for the previous question, and it was determined in the affirmative. Mr. Speaker then put the question, "Shall the main question be now put?" and it was determined in the affirmative. Mr. Speaker then announced the main question to be on Mr. Ford's motion to reconsider. Mr. Speaker then put the main question, it being whether the House would agree to the said motion of Mr. Ford, and it was determined in the negative. Mr. Daniel T. Durland then came forward and was duly sworn in by the Speaker as a member of this House from the third Assembly district of the county of Orange. Assembly Journal, 1850, pages 470 to 481, both inclusive. See also pages 483, 484. An act to pay certain expenses of Daniel Fullerton and Daniel T. Durland. Assembly Journal, 1850, pages 655 to 1359. Case of Samuel Jayne, Jr., and John Underwood. YATES COUNTY. -PETITION PRESENTED. IN ASSEMBLY, January 18th, 1851. Mr. J. Benedict presented the petition of John Underwood for a seat as a member of this House for the county of Yates, which was read and referred to the committee on privileges and elections. Assembly Journal, 1851, vol. 1, pages 117, 118. RESOLUTION ALLOWING JOHN UNDERWOOD A SEAT PENDING INVESTI GATION. IN ASSEMBLY, January 28th, 1851. Mr. Bishop offered for the consideration of the House a resolution, in the words following, to wit: Resolved, That John Underwood be admitted to a seat in this House, pending his application for a seat in the place of Samuel Jayne, Jr., from Yates county, but that the said Underwood shall not be allowed to vote, or take any part in the proceedings of this House, and that the clerk of the House furnish him with stationery, newspapers, &c., the same as allowed to the members of this House. Debate being had thereon, Ordered, That said resolution be laid upon the table. Assembly Journal, 1851, vol. 1, page 209. IN ASSEMBLY, January 29th, 1851. On motion of Mr. Bishop, the House proceeded to the consideration of the resolution heretofore offered by him, in the words following, to wit: Resolved, That John Underwood be admitted to a seat in this House, pending his application for a seat in the place of Samuel Jayne, Jr., from Yates county, but that the said Uuderwood shall not be allowed to vote, or to take any part in the proceedings of this House, and that the clerk of the House furnish him with stationery, newspapers, &c., the same as allowed to the members of this House. Mr. Speaker put the question whether the House would agree to said resolution, and it was determined in the affirmative. Assembly Journal, 1851, vol. 1, page 217. REPORT OF COMMITTEE PRESENTED. IN ASSEMBLY, February 1st, 1851. Mr. Bishop, from the committee on privileges and elections, to which was referred the petition of John Underwood, for a seat in this House in the place of Samuel Jayne, Jr., presented a report, upon which Mr. J. Benedict offered the following resolution, to wit: Resolved, That the chairman of the committee on privileges and elections, together with Mr. Maurice, one of the associate members of said committee, be authorized to repair to Yates county for the purpose of taking further testimony in the case of John Underwood, who is contesting a seat in this House, and that he be authorized to employ a clerk and such other persons as may be necessary to procure said testimony. Mr. Maurice offered the following amendment, which was accepted by Mr. J. Benedict, to wit: Resolved, That the committee on privileges and elections be instructed to report in writing the facts in relation to the claim on the part of John Underwood to the seat in this House now held by Mr. Jayne. Mr. Speaker put the question whether the House would agree to the said resolution, and it was determined in the affirmative. Assembly Journal, 1851, vol. 1, pages 247, 248. 16 |