title: 128th New York State Legislature
text: # 128th New York State Legislature
  
  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.
  
  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 |
  | 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 | District | Assemblymen | Party | Notes |
  | - | - | - | - | - |
  | Albany | 1st | Charles W. Mead* | Republican | |
  | Albany | 2nd | Abram S. Coon* | Republican | |
  | Albany | 3rd | William V. Cooke | Democrat | |
  | Albany | 4th | William J. Grattan* | Republican | |
  | Allegany | 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 | Chemung | Sherman Moreland* | Republican | |
  | Chenango | Chenango | Charles L. Carrier | Republican | |
  | Clinton | Clinton | H. Wallace Knapp* | Republican | |
  | Columbia | Columbia | Edward W. Scovill* | Republican | |
  | Cortland | Cortland | Charles O. Newton | Republican | |
  | Delaware | Delaware | James R. Cowan* | Republican | |
  | Dutchess | 1st | John T. Smith* | Republican | |
  | Dutchess | 2nd | Augustus B. Gray | Republican | |
  | Erie | 1st | Charles J. Quinn* | Democrat | |
  | Erie | 2nd | Robert L. Cox* | Republican | |
  | Erie | 3rd | Frank S. Burzynski | Democrat | |
  | Erie | 4th | William C. Tenjost | Republican | |
  | Erie | 5th | Charles F. Brooks* | Republican | |
  | Erie | 6th | Frank W. Standart | Republican | |
  | Erie | 7th | John K. Patton* | Republican | |
  | Erie | 8th | Luther J. Shuttleworth | Republican | |
  | Essex | Essex | Frank C. Hooper | Republican | |
  | Franklin | Franklin | Charles R. Matthews* | Republican | |
  | Fulton and Hamilton | Fulton and Hamilton | Frank C. Wood* | Republican | |
  | Genesee | Genesee | S. Percy Hooker* | Republican | |
  | Greene | Greene | William C. Brady | Republican | |
  | Herkimer | Herkimer | Abram B. Steele* | Republican | |
  | Jefferson | 1st | Albert Foster | Republican | |
  | Jefferson | 2nd | J. Frank La Rue* | Republican | |
  | Kings | 1st | Thomas O'Neill* | Republican | |
  | Kings | 2nd | John McKeown* | Democrat | |
  | Kings | 3rd | Thomas P. Reilly* | Democrat | |
  | Kings | 4th | Charles H. Cotton | Republican | |
  | Kings | 5th | Otto G. Foelker | Republican | |
  | Kings | 6th | Charles J. Dodd | Democrat | |
  | Kings | 7th | Michael J. Grady | Democrat | |
  | Kings | 8th | James A. Thompson | Democrat | |
  | Kings | 9th | James J. Byrne | Democrat | |
  | Kings | 10th | Charles F. Murphy | Republican | |
  | Kings | 11th | William S. Shanahan* | Democrat | |
  | Kings | 12th | Oscar L. Thonet* | Republican | |
  | Kings | 13th | Thomas F. Mathews* | Democrat | |
  | Kings | 14th | George W. Kavanagh | Democrat | |
  | Kings | 15th | Harry H. Dale* | Democrat | |
  | Kings | 16th | Richard C. Perry* | Republican | |
  | Kings | 17th | Edward C. Dowling* | Republican | |
  | Kings | 18th | Charles H. Fuller | Democrat | |
  | Kings | 19th | John Wolf* | Democrat | |
  | Kings | 20th | William H. Pendry | Republican | |
  | Kings | 21st | Charles H. Francisco | Republican | |
  | Lewis | Lewis | H. Elias Slocum* | Republican | |
  | Livingston | Livingston | James Wolcott Wadsworth Jr. | Republican | |
  | Madison | Madison | Robert J. Fish* | Republican | |
  | Monroe | 1st | DeWitt C. Becker | Republican | |
  | Monroe | 2nd | Charles E. Ogden* | Republican | |
  | Monroe | 3rd | Charles E. Callahan* | Republican | |
  | Monroe | 4th | Albert P. Beebe | Republican | |
  | Montgomery | Montgomery | William B. Charles* | Republican | |
  | New York | 1st | Thomas B. Caughlan* | Democrat | |
  | New York | 2nd | Al Smith* | Democrat | |
  | New York | 3rd | Richard J. Malloy | Democrat | |
  | New York | 4th | William H. Burns* | Democrat | |
  | New York | 5th | Leslie J. Tompkins | Democrat | |
  | New York | 6th | Charles Anderson* | Democrat | |
  | New York | 7th | Peter P. Sherry* | Democrat | |
  | New York | 8th | Louis Freidel | Republican | |
  | New York | 9th | Patrick H. Bird* | Democrat | |
  | New York | 10th | Frederick J. Etzel | Republican | |
  | New York | 11th | John J. Sammon | Democrat | |
  | New York | 12th | Edward Rosenstein* | Democrat | |
  | New York | 13th | John C. Hackett* | Democrat | |
  | New York | 14th | Albert C. Wiegand | Democrat | |
  | New York | 15th | Thomas J. McManus* | Democrat | |
  | New York | 16th | Gustave Hartman | Republican | |
  | New York | 17th | Michael J. Sheehy | Democrat | |
  | New York | 18th | Edward B. La Fetra | Democrat | |
  | New York | 19th | Mervin C. Stanley | Republican | |
  | New York | 20th | Peter L. Fitzsimons* | Democrat | |
  | New York | 21st | William Young | Republican | |
  | New York | 22nd | William H. Hornidge* | Democrat | |
  | New York | 23rd | Richard H. Smith | Democrat | |
  | New York | 24th | James J. Nugent | Democrat | |
  | New York | 25th | Ezra P. Prentice* | Republican | |
  | New York | 26th | M. J. Machacek | Democrat | |
  | New York | 27th | George B. Agnew* | Republican | |
  | New York | 28th | Emanuel S. Cahn* | Democrat | |
  | New York | 29th | Frederic E. Perham* | Republican | |
  | New York | 30th | Robert F. Wagner | Democrat | |
  | New York | 31st | Joseph Beihilf | Republican | |
  | New York | 32nd | Leopold Prince | Democrat | |
  | New York | 33rd | Jacob E. Salomon | Democrat | |
  | New York | 34th | William J. Ellis* | Democrat | |
  | New York | 35th | Peter J. Everett* | Democrat | |
  | Niagara | 1st | George F. Thompson* | Republican | |
  | Niagara | 2nd | John H. Leggett* | Republican | |
  | Oneida | 1st | Henry L. Gates | Republican | |
  | Oneida | 2nd | Jay H. Pratt* | Republican | |
  | Oneida | 3rd | John C. Evans* | Republican | |
  | Onondaga | 1st | Frank X. Wood* | Republican | |
  | Onondaga | 2nd | Edward Schoeneck* | Republican | |
  | Onondaga | 3rd | Martin L. Cadin* | Republican | |
  | Onondaga | 4th | Fred W. Hammond* | Republican | |
  | Ontario | Ontario | Jean L. Burnett* | Republican | |
  | Orange | 1st | William G. Hastings | Republican | |
  | Orange | 2nd | Louis Bedell* | Republican | |
  | Orleans | Orleans | Henry V. Wilson | Republican | |
  | Oswego | 1st | Thomas D. Lewis* | Republican | |
  | Oswego | 2nd | Fred G. Whitney* | Republican | |
  | Otsego | Otsego | Deloss E. Bass | Republican | |
  | Putnam | Putnam | John R. Yale* | Republican | |
  | Queens | 1st | Joseph Sullivan* | Democrat | |
  | Queens | 2nd | Theo. P. Wilsnack | Republican | |
  | Queens and Nassau | Queens and Nassau | William G. Miller | Republican | |
  | Rensselaer | 1st | Frank L. Stevens* | Republican | |
  | Rensselaer | 2nd | William V. Donovan* | Democrat | |
  | Rensselaer | 3rd | Calvin A. Gardner* | Republican | |
  | Richmond | Richmond | Arnold J. B. Wedemeyer | Democrat | |
  | Rockland | Rockland | Matthew Hurd* | Republican | |
  | St. Lawrence | 1st | Charles S. Plank* | Republican | |
  | St. Lawrence | 2nd | Edwin A. Merritt Jr.* | Republican | |
  | Saratoga | Saratoga | George H. Whitney* | Republican | |
  | Schenectady | Schenectady | William W. Wemple* | Republican | |
  | Schoharie | Schoharie | George M. Palmer* | Democrat | Minority Leader |
  | Schuyler | Schuyler | John W. Gurnett | Democrat | |
  | Seneca | 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 | Sullivan | Edward Bisland | Republican | |
  | Tioga | Tioga | Edwin S. Hanford* | Republican | |
  | Tompkins | Tompkins | George E. Monroe* | Republican | |
  | Ulster | 1st | Charles T. Coutant* | Republican | |
  | Ulster | 2nd | William D. Cunningham* | Republican | |
  | Warren | Warren | William R. Waddell | Republican | |
  | Washington | Washington | James S. Parker* | Republican | |
  | Wayne | Wayne | Addison P. Smith* | Republican | |
  | Westchester | 1st | George N. Rigby* | Republican | |
  | Westchester | 2nd | J. Mayhew Wainwright* | Republican | |
  | Westchester | 3rd | James K. Apgar* | Republican | |
  | Wyoming | Wyoming | Elmer E. Charles* | Republican | |
  | Yates | Yates | Leonidas D. West | Republican | |
  
  ### Employees
  
  * Clerk: Archie E. Baxter
  * Assistant Clerk: Ray B. Smith
  * Sergeant-at-Arms:
  * Doorkeeper:
  * First Assistant Doorkeeper:
  * Second Assistant Doorkeeper:
  * Stenographer:
  