# 162nd New York State Legislature

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

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

The 1938 New York state election 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; 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 1939 New York state election 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

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.
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; and adjourned on July 10. 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.
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.
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.

## 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. 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 |
| 9th | 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 |
| 37th | Isaac B. Mitchell | Republican | elected on March 28, 1939, to fill vacancy |
| 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 |
| 41st | 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

* Clerk: William S. King
* Assistant Clerk: Fred J. Slater

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

### Employees

* Clerk: Ansley B. Borkowski