162nd New York State Legislature

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162nd New York State Legislature
NYSCapitolPanorama.jpg
New York State Capitol (2009)

Duration: January 1, 1939 – December 31, 1940

President of the State Senate: Lt. Gov. Charles Poletti (D)
Temporary President of the State Senate: Perley A. Pitcher (R), until February 20, 1939;
Joe R. Hanley (R), from February 27, 1939
Speaker of the State Assembly: Oswald D. Heck (R)
Members: 51 Senators
150 Assemblymen
Senate Majority: Republican (27–24)
Assembly Majority: Republican (85–64–1)

Sessions
1st: January 4 – May 20, 1939
2nd: June 23 – July 10, 1939
3rd: January 3 – March 31, 1940
4th: October 22 – October 22, 1940
<161st 163rd>

The 162nd New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 4, 1939, to October 22, 1940, during the seventh and eight years of Herbert H. Lehman's governorship, in Albany.

Background[edit]

Under the provisions of the New York Constitution of 1894, re-apportioned in 1917, 51 Senators and 150 assemblymen were elected in single-seat districts. The senatorial districts consisted either of one or more entire counties; or a contiguous area within a single county. The counties which were divided into more than one senatorial district were New York (nine districts), Kings (eight), Bronx (three), Erie (three), Monroe (two), Queens (two) and Westchester (two). The Assembly districts were made up of contiguous area, all within the same county.

In November 1937, an amendment to the State Constitution to increase the term in office of the members of the New York State Assembly to two years, and of the statewide elected state officers (Governor, Lieutenant Governor, Comptroller, Attorney General) to four years, was accepted. Thus, beginning at the state election in 1938, all members (senators and assemblymen) of the Legislature were elected to two-year terms.

At this time there were two major political parties: the Democratic Party and the Republican Party. The American Labor Party, the Socialist Party and the Communist Party also nominated tickets. The Socialist Labor Party nominated an "Industrial Government" ticket. The Republicans also nominated an "Independent Progressive" ticket so that their nominee Thomas E. Dewey would appear in two columns on the ballot, like Gov. Lehman who was endorsed by the American Labor Party. In New York City, "City Fusion", "Progressive" and "Liberal" tickets were also nominated.

Elections[edit]

The New York state election, 1938, was held on November 8. Governor Herbert H. Lehman was re-elected, and Charles Poletti was elected Lieutenant Governor, both Democrats endorsed by the American Labor Party. The other six statewide elective offices were also carried by the Democrats. The approximate party strength at this election, as expressed by the vote for Governor, was: Republicans 2,303,000; Democrats 1,971,000; American Labor 420,000; Communists 106,000;[1] Socialists 25,000; Independent Progressives 24,000; and Industrial Government 3,500.

Both woman legislators—State Senator Rhoda Fox Graves (Rep.), of Gouverneur, and Assemblywoman Jane H. Todd (Rep.), of Tarrytown—were re-elected.

The New York state election, 1939, was held on November 7. Two vacancies in the State Senate and six vacancies in the State Assembly were filled. Edith C. Cheney, the widow of Assemblyman Guy W. Cheney, was elected to the seat previously held by her husband.

Sessions[edit]

The Legislature met for the first regular session (the 162nd) at the State Capitol in Albany on January 4, 1939; and adjourned on May 20.[2]

Oswald D. Heck (Rep.) was re-elected Speaker.

Perley A. Pitcher (Rep.) was elected Temporary President of the State Senate. Pitcher died on February 20, 1939.

On February 27, 1939, Joe R. Hanley (Rep.) was elected Temporary President of the State Senate.

The Legislature met for a special session at the State Capitol in Albany on June 23, 1939;[3] and adjourned on July 10.[4] This session was called because the New York Court of Appeals had declared the state budget, enacted during the regular session, as unconstitutional, and a new budget was required to be made.

The Legislature met for the second regular session (the 163rd) at the State Capitol in Albany on January 3, 1940; and adjourned at half past midnight on March 31.[5]

The Legislature met for another special session at the State Capitol in Albany on October 22, 1940; and adjourned after a session of four hours. This session was held to enact an extension of three hours to the voting time on the next election day, so that the polls would close at 9 p.m. instead of at 6 p.m.[6]

On November 16, the State Senate rejected, with a vote of 29 to 18, the removal from office of Kings County Judge George W. Martin.[7]

State Senate[edit]

Districts[edit]

Members[edit]

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature. Peter H. Ruvolo, Phelps Phelps, Carl Pack, Fred A. Young and James W. Riley changed from the Assembly to the Senate at the beginning of this Legislature. Assemblymen Daniel Gutman and Chauncey B. Hammond were elected to fill vacancies in the Senate.

Note: For brevity, the chairmanships omit the words "...the Committee on (the)..."

District Senator Party Notes
1st George L. Thompson* Republican Chairman of Finance
2nd Joseph D. Nunan, Jr.* Democrat
3rd Peter T. Farrell* Democrat
4th Philip M. Kleinfeld* Dem./Am. Labor
5th John J. Howard* Democrat
6th Edward J. Coughlin* Democrat
7th Jacob J. Schwartzwald* Democrat
8th Joseph A. Esquirol* Dem./Progr.
9th Peter H. Ruvolo* Dem./C.F./Progr. resigned on September 30, 1939[8]
Daniel Gutman Democrat on November 7, 1939, elected to fill vacancy
10th Jeremiah F. Twomey* Democrat
11th James J. Crawford* Dem./Rep.
12th Elmer F. Quinn* Democrat
13th Phelps Phelps* Democrat
14th William J. Murray* Dem./Progr.
15th John L. Buckley* Dem./Lib.
16th John J. McNaboe* Democrat
17th Frederic R. Coudert, Jr. Rep./City F.
18th John T. McCall* Democrat
19th Charles D. Perry Democrat
20th A. Spencer Feld* Democrat
21st Lazarus Joseph* Dem./Lib.
22nd Carl Pack* Dem./City F.
23rd John J. Dunnigan* Dem./City F. Minority Leader
24th Rae L. Egbert* Democrat
25th Pliny W. Williamson* Republican
26th William F. Condon Republican Chairman of Labor and Industry
27th Thomas C. Desmond* Republican
28th Allan A. Ryan, Jr. Republican
29th Arthur H. Wicks* Rep./Soc.
30th Erastus Corning 2nd* Democrat
31st Clifford C. Hastings* Republican
32nd Gilbert T. Seelye Republican Chairman of Pensions
33rd Benjamin F. Feinberg* Republican Chairman of Judiciary
34th Rhoda Fox Graves* Rep./Am. Labor
35th Fred A. Young Republican
36th William H. Hampton* Republican
37th Perley A. Pitcher* Republican elected Temporary President; died on February 20, 1939
Isaac B. Mitchell Republican elected on March 28, 1939, to fill vacancy[9]
38th William C. Martin Republican
39th Walter W. Stokes* Republican
40th Roy M. Page* Republican
41st C. Tracey Stagg* Republican committed suicide on July 14, 1939
Chauncey B. Hammond Republican on November 7, 1939, elected to fill vacancy
42nd Henry W. Griffith Republican
43rd Earle S. Warner* Republican
44th Joe R. Hanley* Republican on February 27, 1939, elected Temporary President
45th Rodney B. Janes Republican
46th Karl K. Bechtold Republican Chairman of Civil Service
47th William Bewley Republican
48th Walter J. Mahoney* Republican
49th Stephen J. Wojtkowiak* Dem./Am. Labor
50th Arthur L. Swartz Republican died on May 14, 1940
51st James W. Riley* Republican Chairman of Penal Institutions

Employees[edit]

State Assembly[edit]

Assemblymen[edit]

Note: For brevity, the chairmanships omit the words "...the Committee on (the)..."

District Assemblymen Party Notes
Albany 1st George W. Foy* Democrat
2nd John P. Hayes* Democrat
3rd John McBain Republican
Allegany William H. MacKenzie* Republican
Bronx 1st Matthew J. H. McLaughlin* Dem./City F.
2nd Patrick J. Fogarty* Dem./Lib.
3rd Arthur Wachtel Dem./City F.
4th Isidore Dollinger* Dem./City F.
5th Julius J. Gans Dem./City F.
6th Peter A. Quinn* Dem./City F.
7th Louis Bennett Dem./City F.
8th John A. Devany, Jr.* Democrat
Broome 1st Edward F. Vincent* Republican died on October 26, 1940
2nd Edward W. Walters Republican
Cattaraugus William B. Kingsbury Republican
Cayuga James H. Chase Republican
Chautauqua 1st Lloyd J. Babcock* Republican Chairman of Pensions
2nd Carl E. Darling* Republican
Chemung Chauncey B. Hammond* Republican Chairman of Penal Institutions; resigned on July 27, 1939
Harry J. Tifft Republican on November 7, 1939, elected to fill vacancy
Chenango Irving M. Ives* Republican Majority Leader
Clinton Leslie G. Ryan Republican
Columbia Frederick A. Washburn* Republican Chairman of Labor and Industries
Cortland Harold L. Creal Republican
Delaware William T. A. Webb* Republican
Dutchess 1st Howard N. Allen* Republican
2nd Emerson D. Fite* Republican Chairman of Civil Service
Erie 1st Frank A. Gugino* Republican
2nd Harold B. Ehrlich* Rep./Am. Labor
3rd William J. Butler* Republican
4th Anthony J. Canney* Democrat
5th Joseph S. Kaszubowski Democrat
6th Jerome C. Kreinheder* Republican
7th Charles O. Burney, Jr.* Republican
8th R. Foster Piper* Republican
Essex Sheldon F. Wickes Republican
Franklin William L. Doige Republican
Fulton and Hamilton Denton D. Lake* Republican Chairman of Aviation
Genesee Herbert A. Rapp* Republican
Greene Paul Fromer* Republican resigned on August 7, 1939
William E. Brady Republican on November 7, 1939, elected to fill vacancy
Herkimer Leo A. Lawrence* Republican
Jefferson Russell Wright* Rep./Am. Labor
Kings 1st Crawford W. Hawkins* Democrat
2nd Leo F. Rayfiel Democrat
3rd Michael J. Gillen* Democrat
4th Bernard Austin* Democrat
5th Charles R. McConnell* Democrat
6th Robert J. Crews* Rep./Am. Labor
7th William Kirnan* Democrat
8th Charles J. Beckinella* Dem./City F.
9th Edgar F. Moran* Democrat
10th William C. McCreery* Dem./City F.
11th Bernard J. Moran* Democrat
12th James W. Feely Democrat
13th Ralph Schwartz* Democrat
14th Aaron F. Goldstein Dem./Lib.
15th John Smolenski* Democrat
16th Carmine J. Marasco Democrat
17th Fred G. Moritt* Democrat
18th Irwin Steingut* Dem./Am. L./Progr. Minority Leader
19th Max M. Turshen* Democrat
20th Roy H. Rudd* Dem./Rep./Progr.
21st Charles H. Breitbart* Democrat resigned on October 7, 1939, to run for Municipal Court
Thomas A. Dwyer Democrat on November 7, 1939, elected to fill vacancy
22nd Daniel Gutman Dem./C. F./Progr. resigned on October 4, 1939, to run for the State Senate
James A. Corcoran Democrat on November 7, 1939, elected to fill vacancy
23rd Robert Giordano Dem./City F.
Lewis Benjamin H. Demo Republican
Livingston James J. Wadsworth* Republican
Madison Wheeler Milmoe* Republican
Monroe 1st Frank J. Sellmayer, Jr.* Republican
2nd Abraham Schulman* Republican
3rd George T. Manning Republican
4th Pat E. Provenzano* Republican
5th Walter H. Wickins* Republican resigned on October 2, 1939
William B. Mann Republican on November 7, 1939, elected to fill vacancy
Montgomery L. James Shaver* Republican
Nassau 1st John D. Bennett* Republican
2nd Norman F. Penny Republican
New York 1st James J. Dooling* Democrat
2nd Louis J. Capozzoli Democrat on November 5, 1940, elected to the 77th U.S. Congress
3rd Maurice E. Downing Democrat
4th Leonard Farbstein* Dem./Progr./Lib.
5th Owen McGivern Democrat
6th Meyer Goldberg* Rep./Am. Labor
7th Irwin D. Davidson Democrat
8th Stephen J. Jarema* Democrat
9th Ira H. Holley* Dem./City F.
10th MacNeil Mitchell* Republican
11th Patrick H. Sullivan* Democrat
12th Edmund J. Delany* Democrat
13th William J. Sheldrick* Democrat
14th Francis J. McCaffrey, Jr.* Dem./C. F./Progr.
15th Abbot Low Moffat* Rep./City F. Chairman of Ways and Means
16th Robert F. Wagner, Jr.* Dem./Am. Labor
17th Oscar Garcia Rivera* Am. Labor[10]
18th Joseph A. Boccia Rep./Am. Labor
19th Daniel L. Burrows Dem./City F.
20th Anthony Guida Dem./Am. L./C. F.
21st William T. Andrews* Dem./Am. Labor
22nd Daniel Flynn* Democrat
23rd William J. A. Glancy* Democrat
Niagara 1st Fayette E. Pease* Republican
2nd Harry D. Suitor* Republican
Oneida 1st John J. Walsh* Dem./Am. Labor
2nd William R. Williams* Republican
3rd C. Dean Williams* Republican
Onondaga 1st Leo W. Breed* Republican
2nd George B. Parsons* Republican
3rd Frank J. Costello* Republican
Ontario Harry R. Marble* Republican
Orange 1st Lee B. Mailler* Republican
2nd Charles N. Hammond* Republican
Orleans John S. Thompson* Republican
Oswego Ernest J. Lonis* Republican
Otsego Chester T. Backus* Republican
Putnam D. Mallory Stephens* Republican
Queens 1st Mario J. Cariello* Democrat
2nd George F. Torsney Democrat
3rd John V. Downey* Democrat
4th Daniel E. Fitzpatrick* Democrat
5th John H. Ferril Democrat
6th Joseph P. Teagle* Democrat
Rensselaer 1st Philip J. Casey* Democrat
2nd Maurice Whitney* Republican
Richmond 1st Charles Bormann* Democrat
2nd Albert V. Maniscalco Democrat
Rockland Lawrence J. Murray, Jr.* Democrat seat vacated on April 4, 1940, when convicted for
embezzlement,[11] sentenced to 5 to 10 years in prison[12]
St. Lawrence 1st Grant F. Daniels Republican
2nd Warren O. Daniels* Republican
Saratoga Richard J. Sherman* Republican
Schenectady 1st Oswald D. Heck* Republican re-elected Speaker; Chairman of Rules
2nd Harold Armstrong* Republican
Schoharie Arthur L. Parsons* Republican
Schuyler Dutton S. Peterson* Republican
Seneca Lawrence W. Van Cleef* Republican
Steuben 1st Guy W. Cheney* Republican died on April 18, 1939
Edith C. Cheney Rep./Am. Labor on November 7, 1939, elected to fill vacancy
2nd William M. Stuart* Republican
Suffolk 1st Edmund R. Lupton* Republican
2nd Elisha T. Barrett* Republican
Sullivan James G. Lyons Democrat
Tioga Myron D. Albro* Republican
Tompkins Stanley C. Shaw* Republican
Ulster J. Edward Conway* Republican
Warren Harry A. Reoux* Republican Chairman of Judiciary
Washington Herbert A. Bartholomew* Republican
Wayne Harry L. Averill* Republican
Westchester 1st Christopher H. Lawrence* Republican
2nd Theodore Hill, Jr.* Republican
3rd James E. Owens* Republican
4th Jane H. Todd* Republican
5th Malcolm Wilson Republican
Wyoming Harold C. Ostertag* Republican Chairman of Affairs of Villages
Yates Fred S. Hollowell* Republican

Employees[edit]

Notes[edit]

  1. ^ The Communists did not nominate a candidate for Governor; this is the vote polled by Israel Amter who ran for U.S. Representative at-large.
  2. ^ $150,000,00 HOUSING VOTED AS LEGISLATURE ADJOURNS in the New York Times on May 21, 1939 (subscription required)
  3. ^ Lehman Asks Full Funds to Schools and Highways in the New York Times on June 24, 1939 (subscription required)
  4. ^ ALBANY TO TAKE UP SCHOOLS CUT TODAY in the New York Times on July 10, 1939 (subscription required)
  5. ^ New Truce is Made in the New York Times on March 31, 1940 (subscription required)
  6. ^ Legislature Adds 3 Hours to Voting in the New York Times on October 23, 1940 (subscription required)
  7. ^ Martin is Cleared by Senate, 28 TO 19, in Removal Vote in the New York Times on November 17, 1939 (subscription required)
  8. ^ SENATOR RUVOLO RESIGNS in the New York Times on October 1, 1939 (subscription required)
  9. ^ DAIRYMAN IS ELECTED AS STATE SENATOR in the New York Times on March 29, 1939 (subscription required)
  10. ^ Garcia-Rivera had been elected as a Republican with American Labor endorsement in 1937. In 1938, the Republicans refused to renominate him, and he was re-elected on the American Labor ticket only; see REPUBLICANS DROP AN ASSEMBLYMAN in the New York Times on June 30, 1938 (subscription required)
  11. ^ MURRAY CONVICTED IN THEFT OF $49,102 in the New York Times on April 5, 1940 (subscription required)
  12. ^ MURRAY IS SENTENCED TO 5 TO 10 YEAR TERM in the New York Times on April 6, 1940 (subscription required)

Sources[edit]