128th New York State Legislature

128th New York State Legislature
	New York State Capitol (2009)
Overview
Legislative body	New York State Legislature
Jurisdiction	New York, United States
Term	January 1 – December 31, 1905
Senate
Members	50
President	Lt. Gov. M. Linn Bruce (R)
Temporary President	John Raines (R)
Party control	Republican (36-14)
Assembly
Members	150
Speaker	S. Frederick Nixon (R)
Party control	Republican (104-46)
Sessions
1st	January 4 – May 5, 1905
2nd	June 21 – July 20, 1905

The 128th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 4 to July 20, 1905, during the first year of Frank W. Higgins's governorship, in Albany.

Background

Under the provisions of the New York Constitution of 1894, 50 Senators and 150 assemblymen were elected in single-seat districts; senators for a two-year term, assemblymen for a one-year term. The senatorial districts were made up of entire counties, except New York County (twelve districts), Kings County (seven districts), Erie County (three districts) and Monroe County (two districts). The Assembly districts were made up of contiguous area, all within the same county, .

At this time there were two major political parties: the Republican Party and the Democratic Party. The Social Democratic Party, the Prohibition Party, the Socialist Labor Party and the People's Party also nominated tickets.

Elections

The New York state election, 1904, was held on November 8. Lt. Gov. Frank W. Higgins was elected Governor; and Matthew Linn Bruce was elected Lieutenant Governor; both Republicans. Of the other seven statewide elective office up for election, six were carried by the Republicans, and one by a Democrat. The approximate party strength at this election, as expressed by the vote for Governor, was: Republicans 813,000; Democrats 732,000; Social Democrats 36,000; Prohibition 21,000; Socialist Labor 9,000; and People's Party 6,000.

Sessions

The Legislature met for the regular session at the State Capitol in Albany on January 4, 1905; and adjourned on May 5.

S. Frederick Nixon (R) was re-elected Speaker.

John Raines (R) was re-elected President pro tempore of the State Senate.

On January 17, the Legislature re-elected Chauncey M. Depew (R) as U.S. Senator from New York for a second six-year term, beginning on March 4, 1905.[1]

Clerk of the Senate James S. Whipple was appointed Forest, Fish and Game Commissioner, and resigned on May 20. Assistant Clerk Lafayette B. Gleason was appointed by Lieutenant Governor M. Linn Bruce as Acting Clerk.

The Legislature met for a special session at the State Capitol in Albany to consider the removal from office of New York Supreme Court Justice Warren B. Hooker. Hooker was acquitted by the Legislature, remained on the bench and the Legislature adjourned July 20, 1905.

On June 21, Gleason was elected Clerk of the Senate for the special session, and the session of 1906.

State Senate

Districts

1st District: Richmond and Suffolk counties
2nd District: Queens and Nassau counties
3rd District: 1st, 2nd, 3rd, 4th, 5th and 6th Ward of Brooklyn, as constituted in 1894
4th District: 7th, 13th, 19th and 21st Ward of Brooklyn, as constituted in 1894
5th District: 8th, 10th, 12th and 30th Ward of Brooklyn, and the annexed former Town of Gravesend, as constituted in 1894
6th District: 9th, 11th, 20th and 22nd Ward of Brooklyn, as constituted in 1894
7th District: 14th, 15th, 16th and 17th Ward of Brooklyn, as constituted in 1894
8th District: 23rd, 24th, 25th and 29th Ward of Brooklyn; and the annexed former Town of Flatlands, as constituted in 1894
9th District: 18th, 26th, 27th and 28th Ward of Brooklyn, as constituted in 1894
10th, 11th, 12th, 13th, 14th, 15th, 16th, 17th, 18th, 19th, 20th and 21st District: Parts of the City of New York, defined geographically by their bordering streets, regardless of Wards or Assembly districts
22nd District: Westchester County
23rd District: Orange and Rockland counties
24th District: Columbia, Dutchess and Putnam and counties
25th District: Greene and Ulster counties
26th District: Chenango, Delaware and Sullivan counties
27th District: Fulton, Hamilton, Montgomery and Schoharie counties
28th District: Saratoga, Schenectady and Washington counties
29th District: Albany County
30th District: Rensselaer County
31st District: Clinton, Essex and Warren counties
32nd District: Franklin and St. Lawrence counties
33rd District: Otsego and Herkimer counties
34th District: Oneida County
35th District: Jefferson and Lewis counties
36th District: Onondaga County
37th District: Oswego and Madison counties
38th District: Broome, Cortland and Tioga counties
39th District: Cayuga and Seneca counties
40th District: Chemung, Schuyler and Tompkins counties
41st District: Steuben and Yates counties
42nd District: Ontario and Wayne counties
43rd District: 4th, 6th, 7th, 8th, 12th, 13th, 14th, 16th, 17th and 18th Ward of Rochester; and the towns of Brighton, Henrietta, Irondequoit, Menden, Penfield, Perinton, Pittsford, Rush and Webster, in Monroe County
44th District: 1st, 2nd, 3rd, 5th, 9th, 10th, 11th, 15th, 19th and 20th Ward of Rochester; and the towns of Chili, Clarkson, Gates, Greece, Hamlin, Ogden, Parma, Riga, Sweden and Wheatland, in Monroe County
45th District: Genesee, Niagara and Orleans counties
46th District: Allegany, Livingston and Wyoming counties
47th District: 1st, 2nd, 3rd, 6th, 15th, 19th, 20th, 21st, 22nd, 23rd and 24th Ward of Buffalo
48th District: 4th, 5th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th and 16th Ward of Buffalo
49th District: 17th, 18th and 25th Ward of the City of Buffalo; and all area in Erie County outside Buffalo
50th District: Cattaraugus and Chautauqua counties

Note: In 1897, New York County (the boroughs of Manhattan and Bronx), Kings County (the borough of Brooklyn), Richmond County (the borough of Staten Island) and the Western part of Queens County (the borough of Queens) were consolidated into the present-day City of New York. The Eastern part of Queens County (the non-consolidated part) was separated in 1899 as Nassau County. Parts of the 1st and 2nd Assembly districts of Westchester County were annexed by New York City in 1895, and became part of the Borough of the Bronx in 1898.

Members

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature. James J. Kehoe changed from the Assembly to the Senate.

District	Senator	Party	Notes
1st	Carll S. Burr, Jr.	Republican
2nd	Luke A. Keenan*	Democrat	re-elected
3rd	Thomas H. Cullen*	Democrat	re-elected
4th	John Drescher, Jr.	Republican
5th	James J. Kehoe*	Democrat
6th	Frank J. Gardner	Republican
7th	Patrick H. McCarren*	Democrat	re-elected
8th	Charles Cooper	Republican
9th	Conrad Hasenflug	Democrat
10th	Daniel J. Riordan*	Democrat	re-elected
11th	John C. Fitzgerald*	Democrat	re-elected
12th	Samuel J. Foley*	Democrat	re-elected
13th	Bernard F. Martin*	Democrat	re-elected
14th	Thomas F. Grady*	Democrat	re-elected; Minority Leader
15th	Nathaniel A. Elsberg*	Republican	re-elected
16th	Peter J. Dooling*	Democrat	re-elected; resigned on October 16, 1905[2]
17th	Martin Saxe	Republican
18th	Jacob Marks	Democrat
19th	Alfred R. Page	Republican
20th	James J. Frawley*	Democrat	re-elected
21st	John A. Hawkins*	Democrat	re-elected
22nd	Francis M. Carpenter*	Republican	re-elected
23rd	Louis F. Goodsell*	Republican	re-elected
24th	Henry S. Ambler*	Republican	re-elected; died on September 17, 1905
25th	John N. Cordts	Republican
26th	Jotham P. Allds*	Republican	re-elected
27th	Spencer K. Warnick*	Republican	re-elected
28th	Edgar T. Brackett*	Republican	re-elected
29th	James B. McEwan*	Republican	re-elected
30th	William D. Barnes*	Republican	re-elected
31st	Spencer G. Prime*	Republican	re-elected
32nd	George R. Malby*	Republican	re-elected
33rd	Walter L. Brown*	Republican	re-elected
34th	Henry J. Coggeshall	Republican
35th	George H. Cobb	Republican
36th	Horace White*	Republican	re-elected
37th	Francis H. Gates*	Republican	re-elected
38th	Harvey D. Hinman	Republican
39th	Benjamin M. Wilcox*	Republican	re-elected
40th	Owen Cassidy	Republican
41st	William J. Tully	Republican
42nd	John Raines*	Republican	re-elected; re-elected President pro tempore
43rd	Merton E. Lewis*	Republican	re-elected
44th	William W. Armstrong*	Republican	re-elected
45th	Irving L'Hommedieu*	Republican	re-elected
46th	Frederick C. Stevens*	Republican	re-elected
47th	Henry W. Hill*	Republican	re-elected
48th	Louis Fechter, Sr.	Republican
49th	George Allen Davis*	Republican	re-elected
50th	Albert T. Fancher*	Republican	re-elected

Employees

Clerk: James S. Whipple, resigned on May 20
- Lafayette B. Gleason, elected on June 21
Sergeant-at-Arms:
Assistant Sergeant-at-Arms: Everett Brown
Doorkeeper:
Assistant Doorkeeper:
Stenographer:

State Assembly

Assemblymen

District		Assemblymen	Party	Notes
Albany	1st	Charles W. Mead*	Republican
	2nd	Abram S. Coon*	Republican
	3rd	William V. Cooke	Democrat
	4th	William J. Grattan*	Republican
Allegany		Jesse S. Phillips*	Republican
Broome	1st	James T. Rogers*	Republican	Majority Leader
Broome	2nd	Fred E. Allen*	Republican
Cattaraugus	1st	Jasper E. Smith	Republican
Cattaraugus	2nd	James C. Sheldon*	Republican
Cayuga	1st	Judson W. Hapeman*	Republican
Cayuga	2nd	J. Guernsey Allen	Republican
Chautauqua	1st	Arthur C. Wade*	Republican
Chautauqua	2nd	S. Frederick Nixon*	Republican	re-elected Speaker; died on October 10, 1905
Chemung		Sherman Moreland*	Republican
Chenango		Charles L. Carrier	Republican
Clinton		H. Wallace Knapp*	Republican
Columbia		Edward W. Scovill*	Republican
Cortland		Charles O. Newton	Republican
Delaware		James R. Cowan*	Republican
Dutchess	1st	John T. Smith*	Republican
Dutchess	2nd	Augustus B. Gray	Republican
Erie	1st	Charles J. Quinn*	Democrat
	2nd	Robert L. Cox*	Republican
	3rd	Frank S. Burzynski	Democrat
	4th	William C. Tenjost	Republican
	5th	Charles F. Brooks*	Republican
	6th	Frank W. Standart	Republican
	7th	John K. Patton*	Republican
	8th	Luther J. Shuttleworth	Republican
Essex		Frank C. Hooper	Republican
Franklin		Charles R. Matthews*	Republican
Fulton and Hamilton		Frank C. Wood*	Republican
Genesee		S. Percy Hooker*	Republican
Greene		William C. Brady	Republican
Herkimer		Abram B. Steele*	Republican
Jefferson	1st	Albert Foster	Republican
Jefferson	2nd	J. Frank La Rue*	Republican
Kings	1st	Thomas O'Neill*	Republican
	2nd	John McKeown*	Democrat
	3rd	Thomas P. Reilly*	Democrat
	4th	Charles H. Cotton	Republican
	5th	Otto G. Foelker	Republican
	6th	Charles J. Dodd	Democrat
	7th	Michael J. Grady	Democrat
	8th	James A. Thompson	Democrat
	9th	James J. Byrne	Democrat
	10th	Charles F. Murphy	Republican
	11th	William S. Shanahan*	Democrat
	12th	Oscar L. Thonet*	Republican
	13th	Thomas F. Mathews*	Democrat
	14th	George W. Kavanagh	Democrat
	15th	Harry H. Dale*	Democrat
	16th	Richard C. Perry*	Republican
	17th	Edward C. Dowling*	Republican
	18th	Charles H. Fuller	Democrat
	19th	John Wolf*	Democrat
	20th	William H. Pendry	Republican
	21st	Charles H. Francisco	Republican
Lewis		H. Elias Slocum*	Republican
Livingston		James Wolcott Wadsworth, Jr.	Republican
Madison		Robert J. Fish*	Republican
Monroe	1st	DeWitt C. Becker	Republican
	2nd	Charles E. Ogden*	Republican
	3rd	Charles E. Callahan*	Republican
	4th	Albert P. Beebe	Republican
Montgomery		William B. Charles*	Republican
New York	1st	Thomas B. Caughlan*	Democrat
	2nd	Al Smith*	Democrat
	3rd	Richard J. Malloy	Democrat
	4th	William H. Burns*	Democrat
	5th	Leslie J. Tompkins	Democrat
	6th	Charles Anderson*	Democrat
	7th	Peter P. Sherry*	Democrat
	8th	Louis Freidel	Republican
	9th	Patrick H. Bird*	Democrat
	10th	Frederick J. Etzel	Republican
	11th	John J. Sammon	Democrat
	12th	Edward Rosenstein*	Democrat
	13th	John C. Hackett*	Democrat
	14th	Albert C. Wiegand	Democrat
	15th	Thomas J. McManus*	Democrat
	16th	Gustave Hartman	Republican
	17th	Michael J. Sheehy	Democrat
	18th	Edward B. La Fetra	Democrat
	19th	Mervin C. Stanley	Republican
	20th	Peter L. Fitzsimons*	Democrat
	21st	William Young	Republican
	22nd	William H. Hornidge*	Democrat
	23rd	Richard H. Smith	Democrat
	24th	James J. Nugent	Democrat
	25th	Ezra P. Prentice*	Republican
	26th	M. J. Machacek	Democrat
	27th	George B. Agnew*	Republican
	28th	Emanuel S. Cahn*	Democrat
	29th	Frederic E. Perham*	Republican
	30th	Robert F. Wagner	Democrat
	31st	Joseph Beihilf	Republican
	32nd	Leopold Prince	Democrat
	33rd	Jacob E. Salomon	Democrat
	34th	William J. Ellis*	Democrat
	35th	Peter J. Everett*	Democrat
Niagara	1st	George F. Thompson*	Republican
Niagara	2nd	John H. Leggett*	Republican
Oneida	1st	Henry L. Gates	Republican
	2nd	Jay H. Pratt*	Republican
	3rd	John C. Evans*	Republican
Onondaga	1st	Frank X. Wood*	Republican
	2nd	Edward Schoeneck*	Republican
	3rd	Martin L. Cadin*	Republican
	4th	Fred W. Hammond*	Republican
Ontario		Jean L. Burnett*	Republican
Orange	1st	William G. Hastings	Republican
Orange	2nd	Louis Bedell*	Republican
Orleans		Henry V. Wilson	Republican
Oswego	1st	Thomas D. Lewis*	Republican
Oswego	2nd	Fred G. Whitney*	Republican
Otsego		Deloss E. Bass	Republican
Putnam		John R. Yale*	Republican
Queens	1st	Joseph Sullivan*	Democrat
Queens	2nd	Theo. P. Wilsnack	Republican
Queens and Nassau		William G. Miller	Republican
Rensselaer	1st	Frank L. Stevens*	Republican
	2nd	William V. Donovan*	Democrat
	3rd	Calvin A. Gardner*	Republican
Richmond		Arnold J. B. Wedemeyer	Democrat
Rockland		Matthew Hurd*	Republican
St. Lawrence	1st	Charles S. Plank*	Republican
St. Lawrence	2nd	Edwin A. Merritt, Jr.*	Republican
Saratoga		George H. Whitney*	Republican
Schenectady		William W. Wemple*	Republican
Schoharie		George M. Palmer*	Democrat	Minority Leader
Schuyler		John W. Gurnett	Democrat
Seneca		William J. Maier	Republican
Steuben	1st	Frank C. Platt*	Republican
Steuben	2nd	Jerry E. B. Santee*	Republican
Suffolk	1st	Willis A. Reeve*	Republican
Suffolk	2nd	Orlando Hubbs*	Republican
Sullivan		Edward Bisland	Republican
Tioga		Edwin S. Hanford*	Republican
Tompkins		George E. Monroe*	Republican
Ulster	1st	Charles T. Coutant*	Republican
Ulster	2nd	William D. Cunningham*	Republican
Warren		William R. Waddell	Republican
Washington		James S. Parker*	Republican
Wayne		Addison P. Smith*	Republican
Westchester	1st	George N. Rigby*	Republican
	2nd	J. Mayhew Wainwright*	Republican
	3rd	James K. Apgar*	Republican
Wyoming		Elmer E. Charles*	Republican
Yates		Leonidas D. West	Republican

Employees

Clerk: Archie E. Baxter
Assistant Clerk: Ray B. Smith[3]
Sergeant-at-Arms:
Doorkeeper:
First Assistant Doorkeeper:
Second Assistant Doorkeeper:
Stenographer:

Notes

ANOTHER TERM FOR DEPEW in NYT on January 18, 1905
Dooling resigned after his nomination for Clerk of New York County, and was elected to the office on November 7; Election to Fill Dooling's Seat in NYT on October 18, 1905
Murlin, Edgar L. (1905). The New York Red Book. Albany: J. B. Lyon Company. p. 579.

Sources

Official New York from Cleveland to Hughes by Charles Elliott Fitch (Hurd Publishing Co., New York and Buffalo, 1911, Vol. IV; see pg. 350f for assemblymen; and 365f for senators)
THE NEXT LEGISLATURE in NYT on November 9, 1904
Journal of the Senate (128th Session) (special session; 1905)
LEGISLATURE OPENS TODAY in NYT on January 4, 1905

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[1] ANOTHER TERM FOR DEPEW in NYT on January 18, 1905

[2] Dooling resigned after his nomination for Clerk of New York County, and was elected to the office on November 7; Election to Fill Dooling's Seat in NYT on October 18, 1905

[3] Murlin, Edgar L. (1905). The New York Red Book. Albany: J. B. Lyon Company. p. 579.