# 161st New York State Legislature

The 161st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 5 to March 19, 1938, during the sixth year of Herbert H. Lehman's governorship, in Albany.

## Background

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; senators for a two-year term, assemblymen for a one-year term. 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.
At this time there were two major political parties: the Democratic Party and the Republican Party. The American Labor Party and the Socialist Party also nominated tickets. In New York City, a "Trades Union", an "Anti-Communist", and a "City Fusion" ticket were also nominated.

## Elections

The 1937 New York state election was held on November 2. The only statewide elective office up for election was a judgeship on the New York Court of Appeals. The Democratic incumbent, Gov. Herbert H. Lehman's brother Irving Lehman, was re-elected with Republican and American Labor endorsement.
At the same time, an amendment to the State Constitution to increase of 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. Also, delegates for a Constitutional Convention, to be held later that year after the legislative session, were elected.
Assemblywoman Jane H. Todd (Rep.), of Tarrytown, was re-elected.

## Sessions

The Legislature met for the regular session at the State Capitol in Albany on January 5, 1938; and adjourned in the evening of March 19.
Oswald D. Heck (Rep.) was re-elected Speaker, with 83 votes against 55 for Irwin Steingut (Dem.) and 4 for Nathaniel M. Minkoff (Am. Labor).
The Constitutional Convention met at the State Capitol in Albany on April 5; and adjourned on August 26.

## State Senate
### Districts

* 1st District: Nassau and Suffolk counties
* 2nd and 3rd District: Parts of Queens County, i.e. the Borough of Queens
* 4th, 5th, 6th, 7th, 8th, 9th, 10th and 11th District: Parts of Kings County, i.e. the Borough of Brooklyn
* 12th, 13th, 14th, 15th, 16th, 17th, 18th, 19th and 20th District: Parts of New York County, i.e. the Borough of Manhattan
* 21st, 22nd and 23rd District: Parts of Bronx County, i.e. the Borough of the Bronx
* 24th District: Richmond County, i.e. the Borough of Richmond (now the Borough of Staten Island), and Rockland County
* 25th District: Part of Westchester County
* 26th District: Cortlandt, Greenburgh, Mount Pleasant, Ossining and part of Yonkers; in Westchester County
* 27th District: Orange and Sullivan counties
* 28th District: Columbia, Dutchess and Putnam counties
* 29th District: Delaware, Greene and Ulster counties
* 30th District: Albany County
* 31st District: Rensselaer County
* 32nd District: Saratoga and Schenectady counties
* 33rd District: Clinton, Essex, Warren and Washington counties
* 34th District: Franklin and St. Lawrence counties
* 35th District: Fulton, Hamilton, Herkimer and Lewis counties
* 36th District: Oneida County
* 37th District: Jefferson and Oswego counties
* 38th District: Onondaga County
* 39th District: Madison, Montgomery, Otsego and Schoharie counties
* 40th District: Broome, Chenango and Cortland counties
* 41st District: Chemung, Schuyler, Tioga and Tompkins counties
* 42nd District: Cayuga, Seneca and Wayne counties
* 43rd District: Ontario, Steuben and Yates counties
* 44th District: Allegany, Genesee, Livingston and Wyoming
* 45th and 46th District: Monroe County
* 47th District: Niagara and Orleans counties
* 48th, 49th and 50th District: Erie County
* 51st District: Cattaraugus and Chautauqua counties

### Members

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature.
Note: For brevity, the chairmanships omit the words "...the Committee on (the)..."
| District | Senator | Party | Notes |
| 1st | George L. Thompson* | Republican | |
| 2nd | Joseph D. Nunan Jr.* | Democrat | also a delegate to the Constitutional Convention |
| 3rd | Peter T. Farrell* | Democrat | |
| 4th | Philip M. Kleinfeld* | Democrat | also a delegate to the Constitutional Convention |
| 5th | John J. Howard* | Democrat | |
| 6th | Edward J. Coughlin* | Democrat | |
| 7th | Jacob J. Schwartzwald* | Democrat | |
| 8th | Joseph A. Esquirol* | Democrat | |
| 9th | Jacob H. Livingston* | Democrat | also a delegate to the Constitutional Convention; on November 8, 1938, elected to the City Court (Brooklyn) |
| 10th | Jeremiah F. Twomey* | Democrat | Chairman of Finance |
| 11th | James J. Crawford* | Democrat | |
| 12th | Elmer F. Quinn* | Democrat | |
| 13th | Thomas F. Burchill* | Democrat | |
| 14th | William J. Murray* | Democrat | |
| 15th | John L. Buckley* | Democrat | |
| 16th | John J. McNaboe* | Democrat | |
| 17th | Leon A. Fischel* | Democrat | |
| 18th | John T. McCall* | Democrat | also a delegate to the Constitutional Convention |
| 19th | Duncan T. O'Brien* | Democrat | died on September 14, 1938 |
| 20th | A. Spencer Feld* | Democrat | Chairman of Public Education |
| 21st | Lazarus Joseph* | Democrat | |
| 22nd | Julius S. Berg* | Democrat | committed suicide on July 20, 1938 |
| 23rd | John J. Dunnigan* | Democrat | Temporary President; also a delegate to the Constitutional Convention |
| 24th | Rae L. Egbert* | Democrat | |
| 25th | Pliny W. Williamson* | Republican | |
| 26th | James A. Garrity* | Dem./Am. L. | |
| 27th | Thomas C. Desmond* | Republican | |
| 28th | Frederic H. Bontecou* | Republican | also a delegate to the Constitutional Convention |
| 29th | Arthur H. Wicks* | Republican | |
| 30th | Erastus Corning 2nd* | Democrat | |
| 31st | Clifford C. Hastings* | Republican | |
| 32nd | Edwin E. Miller* | Republican | |
| 33rd | Benjamin F. Feinberg* | Republican | also a delegate to the Constitutional Convention |
| 34th | Rhoda Fox Graves* | Republican | |
| 35th | Harry F. Dunkel* | Republican | |
| 36th | William H. Hampton* | Republican | |
| 37th | Perley A. Pitcher* | Republican | Minority Leader; also a delegate to the Constitutional Convention |
| 38th | Francis L. McElroy* | Dem./Am. L. | |
| 39th | Walter W. Stokes* | Republican | |
| 40th | Roy M. Page* | Republican | |
| 41st | C. Tracey Stagg* | Republican | |
| 42nd | Charles J. Hewitt* | Republican | |
| 43rd | Earle S. Warner* | Republican | |
| 44th | Joe R. Hanley* | Republican | |
| 45th | Emmett L. Doyle* | Dem./Am. L. | |
| 46th | George F. Rogers* | Dem./Am. L. | |
| 47th | William H. Lee* | Republican | |
| 48th | Walter J. Mahoney* | Republican | |
| 49th | Stephen J. Wojtkowiak* | Dem./Am. L. | |
| 50th | Nelson W. Cheney* | Republican | |
| 51st | Leigh G. Kirkland* | Republican | |

### Employees

* Clerk: James J. Reilly
* Sergeant-at-Arms: William F. Egloff Jr.
* Stenographer: Robert Murray

## State Assembly
### Assemblymen

Note: For brevity, the chairmanships omit the words "...the Committee on (the)..."
| District | District | Assemblymen | Party | Notes |
| Albany | 1st | George W. Foy* | Democrat | |
| Albany | 2nd | John P. Hayes* | Democrat | |
| Albany | 3rd | James J. Carroll | Dem./Am. L. | |
| Allegany | Allegany | William H. MacKenzie* | Republican | |
| Bronx | 1st | Matthew J. H. McLaughlin* | Dem./T.U./A.-C. | |
| Bronx | 2nd | Patrick J. Fogarty | Dem./T.U./A.-C. | |
| Bronx | 3rd | Carl Pack* | Dem./T.U./A.-C. | |
| Bronx | 4th | Isidore Dollinger* | Dem./T.U./A.-C. | |
| Bronx | 5th | Nathaniel M. Minkoff | Am. L./Soc. | American Labor Leader |
| Bronx | 6th | Peter A. Quinn* | Dem./T.U./A.-C. | |
| Bronx | 7th | Gerard J. Muccigrosso | Am. L./Soc./C.F. | |
| Bronx | 8th | John A. Devany Jr.* | Dem./T.U./A.-C. | |
| Broome | 1st | Edward F. Vincent* | Republican | Chairman of Public Institutions |
| Broome | 2nd | James E. Hill* | Republican | |
| Cattaraugus | Cattaraugus | James W. Riley* | Rep./Soc. | Chairman of Military Affairs |
| Cayuga | Cayuga | Andrew D. Burgdorf* | Republican | Chairman of Public Health |
| Chautauqua | 1st | Lloyd J. Babcock* | Republican | Chairman of Pensions |
| Chautauqua | 2nd | Carl E. Darling* | Republican | Chairman of Revision |
| Chemung | Chemung | Chauncey B. Hammond* | Republican | Chairman of Penal Institutions |
| Chenango | Chenango | Irving M. Ives* | Republican | Majority Leader |
| Clinton | Clinton | Emmett J. Roach* | Democrat | |
| Columbia | Columbia | Frederick A. Washburn* | Republican | Chairman of Labor and Industries |
| Cortland | Cortland | John B. Briggs* | Republican | |
| Delaware | Delaware | William T. A. Webb | Republican | |
| Dutchess | 1st | Howard N. Allen* | Republican | Chairman of Agriculture |
| Dutchess | 2nd | Emerson D. Fite* | Republican | Chairman of Charitable and Religious Societies |
| Erie | 1st | Frank A. Gugino* | Republican | |
| Erie | 2nd | Harold B. Ehrlich* | Rep./Am. L. | Chairman of Claims |
| Erie | 3rd | William J. Butler | Rep./Am. L. | |
| Erie | 4th | Anthony J. Canney* | Democrat | also a delegate to the Constitutional Convention |
| Erie | 5th | Frank Kwiatkowski | Dem./Am. L. | |
| Erie | 6th | Jerome C. Kreinheder* | Republican | |
| Erie | 7th | Charles O. Burney Jr.* | Republican | |
| Erie | 8th | R. Foster Piper* | Rep./Soc. | Chairman of Insurance; also a delegate to the Constitutional Convention |
| Essex | Essex | Thomas A. Leahy* | Republican | |
| Franklin | Franklin | John H. Black* | Republican | |
| Fulton and Hamilton | Fulton and Hamilton | Denton D. Lake* | Republican | Chairman of Aviation |
| Genesee | Genesee | Herbert A. Rapp* | Republican | Chairman of Motor Vehicles |
| Greene | Greene | Paul Fromer* | Republican | |
| Herkimer | Herkimer | Leo A. Lawrence* | Republican | |
| Jefferson | Jefferson | Russell Wright* | Republican | |
| Kings | 1st | Crawford W. Hawkins* | Dem./T.U./A.-C. | |
| Kings | 2nd | Benjamin Brenner | Am. L./City F. | |
| Kings | 3rd | Michael J. Gillen* | Dem./T.U./A.-C. | |
| Kings | 4th | Bernard Austin* | Democrat | |
| Kings | 5th | Charles R. McConnell* | Democrat | |
| Kings | 6th | Robert J. Crews | Rep./City F. | Chairman of Affairs of the City of New York |
| Kings | 7th | William Kirnan* | Democrat | |
| Kings | 8th | Charles J. Beckinella | Democrat | |
| Kings | 9th | Edgar F. Moran* | Democrat | |
| Kings | 10th | William C. McCreery* | Democrat | |
| Kings | 11th | Bernard J. Moran* | Democrat | |
| Kings | 12th | Edward S. Moran Jr.* | Democrat | on June 24, arrested and accused of taking bribes |
| Kings | 13th | Ralph Schwartz* | Democrat | |
| Kings | 14th | Harry Gittleson | Democrat | |
| Kings | 15th | John Smolenski | Democrat | |
| Kings | 16th | Salvatore T. DeMatteo | Am. Labor | |
| Kings | 17th | Fred G. Moritt | Democrat | |
| Kings | 18th | Irwin Steingut* | Democrat | Minority Leader; also a delegate to the Constitutional Convention |
| Kings | 19th | Max M. Turshen* | Democrat | |
| Kings | 20th | Roy H. Rudd* | Democrat | |
| Kings | 21st | Charles H. Breitbart* | Democrat | |
| Kings | 22nd | Peter H. Ruvolo | Democrat | |
| Kings | 23rd | Frank Monaco | Am. L./Rep. | |
| Lewis | Lewis | Fred A. Young* | Republican | |
| Livingston | Livingston | James J. Wadsworth* | Republican | Chairman of Public Relief and Welfare |
| Madison | Madison | Wheeler Milmoe* | Republican | Chairman of Public Printing |
| Monroe | 1st | Frank J. Sellmayer Jr. | Republican | |
| Monroe | 2nd | Abraham Schulman | Republican | |
| Monroe | 3rd | Earl C. Langenbacher* | Democrat | |
| Monroe | 4th | Pat E. Provenzano | Republican | |
| Monroe | 5th | Walter H. Wickins* | Republican | Chairman of Commerce and Navigation |
| Montgomery | Montgomery | L. James Shaver* | Republican | Chairman of Canals |
| Nassau | 1st | John D. Bennett | Republican | |
| Nassau | 2nd | Leonard W. Hall* | Republican | Chairman of Re-Apportionment; on November 8, 1938, elected to the 76th U.S. Congress |
| New York | 1st | James J. Dooling* | Democrat | |
| New York | 2nd | Nicholas A. Rossi* | Democrat | also a delegate to the Constitutional Convention |
| New York | 3rd | Phelps Phelps* | Democrat | |
| New York | 4th | Leonard Farbstein* | Democrat | |
| New York | 5th | John F. Killgrew* | Democrat | |
| New York | 6th | Meyer Goldberg | Republican | |
| New York | 7th | William T. Middleton | Republican | |
| New York | 8th | Stephen J. Jarema* | Democrat | |
| New York | 9th | Ira H. Holley* | Democrat | |
| New York | 10th | MacNeil Mitchell | Rep./City F. | |
| New York | 11th | Patrick H. Sullivan* | Democrat | |
| New York | 12th | Edmund J. Delany* | Democrat | also a delegate to the Constitutional Convention |
| New York | 13th | William J. Sheldrick* | Democrat | |
| New York | 14th | Francis J. McCaffrey Jr.* | Democrat | |
| New York | 15th | Abbot Low Moffat* | Republican | Chairman of Ways and Means: also a delegate to the Constitutional Convention |
| New York | 16th | Robert F. Wagner Jr. | Democrat | |
| New York | 17th | Oscar Garcia Rivera | Rep./Am. L. | |
| New York | 18th | Salvatore A. Farenga* | Democrat | |
| New York | 19th | Robert W. Justice* | Democrat | |
| New York | 20th | Walter V. Fitzgerald | Rep./Am. L. | |
| New York | 21st | William T. Andrews* | Democrat | |
| New York | 22nd | Daniel Flynn* | Democrat | |
| New York | 23rd | William J. A. Glancy* | Democrat | |
| Niagara | 1st | Fayette E. Pease* | Republican | Chairman of Conservation |
| Niagara | 2nd | Harry D. Suitor* | Republican | Chairman of Codes |
| Oneida | 1st | John J. Walsh | Democrat | |
| Oneida | 2nd | William R. Williams* | Republican | |
| Oneida | 3rd | C. Dean Williams | Republican | |
| Onondaga | 1st | Leo W. Breed* | Republican | |
| Onondaga | 2nd | George B. Parsons* | Republican | |
| Onondaga | 3rd | Frank J. Costello* | Republican | |
| Ontario | Ontario | Harry R. Marble* | Republican | Chairman of Printed and Engrossed Bills |
| Orange | 1st | Lee B. Mailler* | Republican | Chairman of Mortgage and Real Estate |
| Orange | 2nd | Charles N. Hammond | Republican | |
| Orleans | Orleans | John S. Thompson* | Republican | Chairman of Public Service |
| Oswego | Oswego | Ernest J. Lonis* | Republican | |
| Otsego | Otsego | Chester T. Backus* | Republican | |
| Putnam | Putnam | D. Mallory Stephens* | Republican | Chairman of Banks |
| Queens | 1st | Mario J. Cariello* | Democrat | |
| Queens | 2nd | Timothy P. Kirwan | Democrat | |
| Queens | 3rd | John V. Downey* | Democrat | |
| Queens | 4th | Daniel E. Fitzpatrick* | Democrat | |
| Queens | 5th | William F. Dailey | Democrat | |
| Queens | 6th | Joseph P. Teagle | Democrat | |
| Rensselaer | 1st | Philip J. Casey* | Democrat | |
| Rensselaer | 2nd | Maurice Whitney* | Republican | Chairman of Taxation and Retrenchment |
| Richmond | 1st | Charles Bormann* | Democrat | |
| Richmond | 2nd | Herman Methfessel* | Democrat | |
| Rockland | Rockland | Lawrence J. Murray Jr. | Democrat | |
| St. Lawrence | 1st | W. Allan Newell* | Republican | Chairman of Civil Service |
| St. Lawrence | 2nd | Warren O. Daniels* | Republican | |
| Saratoga | Saratoga | Richard J. Sherman | Republican | |
| Schenectady | 1st | Oswald D. Heck* | Republican | re-elected Speaker |
| Schenectady | 2nd | Harold Armstrong* | Republican | Chairman of Affairs of Cities |
| Schoharie | Schoharie | Arthur L. Parsons* | Republican | |
| Schuyler | Schuyler | Dutton S. Peterson* | Republican | |
| Seneca | Seneca | Lawrence W. Van Cleef* | Republican | |
| Steuben | 1st | Guy W. Cheney* | Republican | |
| Steuben | 2nd | William M. Stuart* | Republican | |
| Suffolk | 1st | Edmund R. Lupton* | Republican | |
| Suffolk | 2nd | Elisha T. Barrett* | Republican | |
| Sullivan | Sullivan | William A. Chandler | Republican | |
| Tioga | Tioga | Myron D. Albro | Republican | |
| Tompkins | Tompkins | Stanley C. Shaw* | Republican | |
| Ulster | Ulster | J. Edward Conway* | Republican | Chairman of General Laws |
| Warren | Warren | Harry A. Reoux* | Republican | Chairman of Judiciary |
| Washington | Washington | Herbert A. Bartholomew* | Republican | Chairman of Internal Affairs |
| Wayne | Wayne | Harry L. Averill* | Republican | Chairman of Public Education |
| Westchester | 1st | Christopher H. Lawrence | Republican | |
| Westchester | 2nd | Theodore Hill Jr. | Republican | |
| Westchester | 3rd | James E. Owens | Republican | |
| Westchester | 4th | Jane H. Todd* | Republican | Chairwoman of Social Welfare |
| Westchester | 5th | Arthur J. Doran* | Democrat | |
| Wyoming | Wyoming | Harold C. Ostertag* | Republican | Chairman of Affairs of Villages |
| Yates | Yates | Fred S. Hollowell* | Republican | Chairman of Excise |

### Employees

* Clerk: Ansley B. Borkowski