# 127th New York State Legislature

The 127th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 6 to April 15, 1904, during the fourth year of Benjamin B. Odell Jr.'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 Socialist Party, the Prohibition Party and the Socialist Labor Party also nominated tickets.

## Elections

The 1903 New York state election, was held on November 3. The only statewide elective office up for election was a judgeship on the New York Court of Appeals. The incumbent Democrat Denis O'Brien was re-elected with Republican endorsement. The Socialist candidate received about 33,000 votes, the Prohibition candidate about 19,000.

## Sessions

The Legislature met for the regular session at the State Capitol in Albany on January 6, 1904; and adjourned on April 15.
S. Frederick Nixon (R) was re-elected Speaker.

## 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.
| District | Senator | Party | Notes |
| 1st | Edwin Bailey Jr.* | Democrat | |
| 2nd | Luke A. Keenan* | Democrat | |
| 3rd | Thomas H. Cullen* | Democrat | |
| 4th | Thomas C. Whitlock* | Democrat | |
| 5th | James H. McCabe* | Democrat | |
| 6th | Walter C. Burton* | Democrat | |
| 7th | Patrick H. McCarren* | Democrat | |
| 8th | Henry Marshall* | Republican | |
| 9th | Joseph Wagner* | Democrat | |
| 10th | Daniel J. Riordan* | Democrat | |
| 11th | John C. Fitzgerald* | Democrat | |
| 12th | Samuel J. Foley* | Democrat | |
| 13th | Bernard F. Martin* | Democrat | |
| 14th | Thomas F. Grady* | Democrat | Minority Leader |
| 15th | Nathaniel A. Elsberg* | Republican | |
| 16th | Peter J. Dooling* | Democrat | |
| 17th | George W. Plunkitt* | Democrat | |
| 18th | Victor J. Dowling* | Democrat | on November 8, 1904, elected to the New York Supreme Court |
| 19th | John W. Russell* | Democrat | |
| 20th | James J. Frawley* | Democrat | |
| 21st | John A. Hawkins* | Democrat | |
| 22nd | Francis M. Carpenter | Republican | elected to fill vacancy, in place of Charles P. McClelland |
| 23rd | Louis F. Goodsell* | Republican | |
| 24th | Henry S. Ambler* | Republican | |
| 25th | Frank J. Lefevre* | Republican | |
| 26th | Jotham P. Allds* | Republican | |
| 27th | Spencer K. Warnick* | Republican | |
| 28th | Edgar T. Brackett* | Republican | |
| 29th | James B. McEwan* | Republican | |
| 30th | William D. Barnes* | Republican | |
| 31st | Spencer G. Prime* | Republican | |
| 32nd | George R. Malby* | Republican | |
| 33rd | Walter L. Brown* | Republican | |
| 34th | William Townsend* | Democrat | |
| 35th | Elon R. Brown* | Republican | |
| 36th | Horace White* | Republican | |
| 37th | Francis H. Gates* | Republican | |
| 38th | George E. Green* | Republican | |
| 39th | Benjamin M. Wilcox* | Republican | |
| 40th | Edwin C. Stewart* | Republican | |
| 41st | Franklin D. Sherwood* | Republican | |
| 42nd | John Raines* | Republican | President pro tempore |
| 43rd | Merton E. Lewis* | Republican | |
| 44th | William W. Armstrong* | Republican | |
| 45th | Irving L'Hommedieu* | Republican | |
| 46th | Frederick C. Stevens* | Republican | |
| 47th | Henry W. Hill* | Republican | |
| 48th | Samuel J. Ramsperger* | Democrat | |
| 49th | George Allen Davis* | Republican | |
| 50th | Albert T. Fancher* | Republican | |

### Employees

* Clerk: James S. Whipple
* Sergeant-at-Arms: Charles R. Hotaling
* Assistant Sergeant-at-Arms: F. H. Adams
* Doorkeeper: Christopher Warren
* Assistant Doorkeeper: Charles H. Barnard
* Stenographer: A. B. Sackett

## State Assembly
### Assemblymen

| District | District | Assemblymen | Party | Notes |
| Albany | 1st | Charles W. Mead* | Republican | |
| Albany | 2nd | Abram S. Coon* | Republican | |
| Albany | 3rd | Ellsworth Carr | Independent | |
| 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 | Theodore Hayden* | Republican | |
| Cattaraugus | 2nd | James C. Sheldon* | Republican | |
| Cayuga | 1st | Judson W. Hapeman | Republican | |
| Cayuga | 2nd | Charles J. Hewitt* | Republican | |
| Chautauqua | 1st | Arthur C. Wade | Republican | |
| Chautauqua | 2nd | S. Frederick Nixon* | Republican | re-elected Speaker |
| Chemung | Chemung | Sherman Moreland* | Republican | |
| Chenango | Chenango | Edgar A. Pearsall* | Republican | |
| Clinton | Clinton | H. Wallace Knapp* | Republican | |
| Columbia | Columbia | Edward W. Scovill* | Republican | |
| Cortland | Cortland | Henry A. Dickinson* | Republican | |
| Delaware | Delaware | James R. Cowan* | Republican | |
| Dutchess | 1st | John T. Smith* | Republican | |
| Dutchess | 2nd | Robert W. Chanler | Democrat | |
| Erie | 1st | Charles J. Quinn | Democrat | |
| Erie | 2nd | Robert L. Cox* | Republican | |
| Erie | 3rd | Anthony F. Burke* | Democrat | |
| Erie | 4th | Charles V. Lynch* | Democrat | |
| Erie | 5th | Charles F. Brooks | Republican | |
| Erie | 6th | George Ruehl* | Republican | |
| Erie | 7th | John K. Patton* | Republican | |
| Erie | 8th | Elijah Cook* | Republican | |
| Essex | Essex | James M. Graeff* | 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 | Charles E. Nichols* | Republican | |
| Herkimer | Herkimer | Abram B. Steele | Republican | |
| Jefferson | 1st | William A. Denison* | Republican | |
| Jefferson | 2nd | J. Frank La Rue | Rep./Dem. | |
| Kings | 1st | Thomas O'Neill | Rep./Cit. U. | |
| Kings | 2nd | John McKeown* | Democrat | |
| Kings | 3rd | Thomas P. Reilly | Democrat | |
| Kings | 4th | John E. Bullwinkel* | Democrat | |
| Kings | 5th | Fortescue C. Metcalfe* | Democrat | |
| Kings | 6th | Frank J. Ulrich* | Democrat | |
| Kings | 7th | William Keegan* | Democrat | |
| Kings | 8th | John C. L. Daly* | Democrat | |
| Kings | 9th | James J. Kehoe* | Democrat | |
| Kings | 10th | Frank H. Cothren | Rep./Cit. U. | |
| Kings | 11th | William S. Shanahan* | Democrat | |
| Kings | 12th | Oscar L. Thonet | Rep./Cit. U. | |
| Kings | 13th | Thomas F. Mathews* | Democrat | |
| Kings | 14th | John B. Ferre* | Democrat | |
| Kings | 15th | Harry H. Dale* | Democrat | |
| Kings | 16th | Richard C. Perry | Republican | |
| Kings | 17th | Edward C. Dowling* | Rep./Cit. U. | |
| Kings | 18th | Jacob D. Remsen* | Republican | |
| Kings | 19th | John Wolf* | Democrat | |
| Kings | 20th | Louis J. Zettler* | Democrat | |
| Kings | 21st | Edward A. Miller* | Dem./Cit. U. | |
| Lewis | Lewis | H. Elias Slocum | Republican | |
| Livingston | Livingston | William Y. Robinson* | Republican | |
| Madison | Madison | Robert J. Fish | Republican | |
| Monroe | 1st | Martin Davis* | Republican | |
| Monroe | 2nd | Charles E. Ogden | Republican | |
| Monroe | 3rd | Charles E. Callahan | Republican | |
| Monroe | 4th | John Pallace Jr.* | Democrat | |
| Montgomery | Montgomery | William B. Charles | Republican | |
| New York | 1st | Thomas B. Caughlan | Democrat | |
| New York | 2nd | Al Smith | Democrat | |
| New York | 3rd | Anthony J. Barrett | Democrat | |
| New York | 4th | William H. Burns* | Democrat | |
| New York | 5th | Edward R. Finch* | Rep./Cit. U. | |
| New York | 6th | Charles Anderson | Democrat | |
| New York | 7th | Peter P. Sherry* | Democrat | |
| New York | 8th | Bennett E. Siegelstein | Democrat | |
| New York | 9th | Patrick H. Bird | Democrat | |
| New York | 10th | William Sohmer | Democrat | |
| New York | 11th | Hugh Dolan* | 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 | Samuel Prince* | Democrat | |
| New York | 17th | John F. Curry* | Democrat | |
| New York | 18th | George P. Richter* | Democrat | |
| New York | 19th | Charles F. Bostwick* | Rep./Cit. U. | |
| New York | 20th | Peter L. Fitzsimons | Democrat | |
| New York | 21st | Joseph H. Adams | Republican | |
| New York | 22nd | William H. Hornidge* | Democrat | |
| New York | 23rd | Josiah T. Newcomb | Rep./Cit. U. | |
| New York | 24th | John F. Carew | Democrat | |
| New York | 25th | Ezra P. Prentice | Rep./Cit. U. | |
| New York | 26th | Charles Leopold | Democrat | |
| New York | 27th | George B. Agnew* | Rep./Cit. U. | |
| New York | 28th | Emanuel S. Cahn | Democrat | |
| New York | 29th | Frederic E. Perham | Rep./Cit. U. | |
| New York | 30th | Gotthardt A. Litthauer* | Democrat | |
| New York | 31st | Ernest H. Wallace | Republican | |
| New York | 32nd | Julius Brosen | Democrat | |
| New York | 33rd | James O. Farrell* | 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 | Thomas A. Mortimer* | Democrat | |
| 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 | John Orr* | Republican | |
| Orange | 2nd | Louis Bedell* | Republican | |
| Orleans | Orleans | Charles S. Bridgeman* | Republican | |
| Oswego | 1st | Thomas D. Lewis* | Republican | |
| Oswego | 2nd | Fred G. Whitney | Republican | |
| Otsego | Otsego | John B. Conkling* | Republican | |
| Putnam | Putnam | John R. Yale* | Republican | |
| Queens | 1st | Joseph Sullivan* | Democrat | |
| Queens | 2nd | William A. De Groot | Republican | |
| Queens and Nassau | Queens and Nassau | William W. Cocks | Republican | on November 8, 1904, elected to the 59th U.S. Congress |
| Rensselaer | 1st | Frank L. Stevens | Republican | |
| Rensselaer | 2nd | William V. Donovan | Democrat | |
| Rensselaer | 3rd | Calvin A. Gardner | Republican | |
| Richmond | Richmond | George Bechtel | 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 | Olin T. Nye* | Republican | |
| Seneca | Seneca | John F. Crosby | 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 | John F. Simpson* | 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 | Loyal L. Davis* | Republican | |
| Washington | Washington | James S. Parker | Republican | elected on December 29, 1903 |
| 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 | Cyrus C. Harvey* | Republican | |

### Employees

* Clerk: Archie E. Baxter
* Assistant Clerk: Ray B. Smith
* Sergeant-at-Arms: Frank W. Johnston
* Doorkeeper: Frank Sherer Jr.
* First Assistant Doorkeeper: Andrew Kehn
* Second Assistant Doorkeeper: D. Cameron Easton
* Stenographer: Henry C. Lammert