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161st New York State Legislature
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New York state legislative session
February 2025
October 2019
161st January 1 December 31, 1938 Lt. Gov. M. William Bray (D) John J. Dunnigan (D) Oswald D. Heck (R) 51 150 Democratic (29–22) Republican (84–61–5) 1st January 5 March 19,Note that the last legislative day of the regular session was March 18, and the New York Red Book gives March 18 as the end of this session. In fact, the adjournment sine die occurred at 6.16 o'clock in the evening of March 19 after a session of 32 hours and 16 minutes, until then the longest session in New York legislative history. 1938 160th 162nd
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, as re-apportioned in 1917, 51 Senators and 150 assemblymen were elected in single-seat districts; senators served a two-year term, while assemblymen served 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.LEGISLATURE ENDS IN A RUSH OF BILLS in The New York Times on March 20, 1938 (subscription required)
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).SPEAKER HECK IS RE-ELECTED in The Evening News, of North Tonawanda, on January 5, 1938
The Constitutional Convention met at the State Capitol in Albany on April 5;Crane Pledges Convention To Renewing of Democracy in The New York Times on April 6, 1938 (subscription required) and adjourned on August 26.SUBMISSION IN NINE ITEMS VOTED FOR STATE CHARTER; CONVENTION IS ADJOURNED in The New York Times on August 27, 1938 (subscription required)
State Senate
Districts
30em 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 Notes1stGeorge L. Thompson* Republican2ndJoseph D. Nunan Jr.* Democratalso a delegate to the Constitutional Convention3rdPeter T. Farrell* Democrat4thPhilip M. Kleinfeld* Democratalso a delegate to the Constitutional Convention5thJohn J. Howard* Democrat6thEdward J. Coughlin* Democrat7thJacob J. Schwartzwald* Democrat8thJoseph A. Esquirol* Democrat9thJacob H. Livingston* Democratalso a delegate to the Constitutional Convention; on November 8, 1938, elected to the City Court (Brooklyn)10thJeremiah F. Twomey* DemocratChairman of Finance11thJames J. Crawford* Democrat12thElmer F. Quinn* Democrat13thThomas F. Burchill* Democrat14thWilliam J. Murray* Democrat15thJohn L. Buckley* Democrat16thJohn J. McNaboe* Democrat17thLeon A. Fischel* Democrat18thJohn T. McCall* Democratalso a delegate to the Constitutional Convention19thDuncan T. O'Brien* Democratdied on September 14, 193820thA. Spencer Feld* DemocratChairman of Public Education21stLazarus Joseph* Democrat22ndJulius S. Berg* Democratcommitted suicide on July 20, 193823rdJohn J. Dunnigan* DemocratTemporary President; also a delegate to the Constitutional Convention24thRae L. Egbert* Democrat25thPliny W. Williamson* Republican26thJames A. Garrity* Dem./Am. L.27thThomas C. Desmond* Republican28thFrederic H. Bontecou* Republicanalso a delegate to the Constitutional Convention29thArthur H. Wicks* Republican30thErastus Corning 2nd* Democrat31stClifford C. Hastings* Republican32ndEdwin E. Miller* Republican33rdBenjamin F. Feinberg* Republicanalso a delegate to the Constitutional Convention34thRhoda Fox Graves* Republican35thHarry F. Dunkel* Republican36thWilliam H. Hampton* Republican37thPerley A. Pitcher* RepublicanMinority Leader; also a delegate to the Constitutional Convention38thFrancis L. McElroy* Dem./Am. L.39thWalter W. Stokes* Republican40thRoy M. Page* Republican41stC. Tracey Stagg* Republican42ndCharles J. Hewitt* Republican43rdEarle S. Warner* Republican44thJoe R. Hanley* Republican45thEmmett L. Doyle* Dem./Am. L.46thGeorge F. Rogers* Dem./Am. L.47thWilliam H. Lee* Republican48thWalter J. Mahoney* Republican49thStephen J. Wojtkowiak* Dem./Am. L.50thNelson W. Cheney* Republican51stLeigh 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 Assemblymen Party Notes Albany1stGeorge W. Foy* Democrat2ndJohn P. Hayes* Democrat3rdJames J. Carroll Dem./Am. L. AlleganyWilliam H. MacKenzie* Republican Bronx1stMatthew J. H. McLaughlin* Dem./T.U./A.-C.2ndPatrick J. Fogarty Dem./T.U./A.-C.3rdCarl Pack* Dem./T.U./A.-C.4thIsidore Dollinger* Dem./T.U./A.-C.5thNathaniel M. Minkoff Am. L./Soc.American Labor Leader6thPeter A. Quinn* Dem./T.U./A.-C.7thGerard J. Muccigrosso Am. L./Soc./C.F.8thJohn A. Devany Jr.* Dem./T.U./A.-C. Broome1stEdward F. Vincent* RepublicanChairman of Public Institutions2ndJames E. Hill* Republican CattaraugusJames W. Riley* Rep./Soc.Chairman of Military Affairs CayugaAndrew D. Burgdorf* RepublicanChairman of Public Health Chautauqua1stLloyd J. Babcock* RepublicanChairman of Pensions2ndCarl E. Darling* RepublicanChairman of Revision ChemungChauncey B. Hammond* RepublicanChairman of Penal Institutions ChenangoIrving M. Ives* RepublicanMajority Leader ClintonEmmett J. Roach* Democrat ColumbiaFrederick A. Washburn* RepublicanChairman of Labor and Industries CortlandJohn B. Briggs* Republican DelawareWilliam T. A. Webb Republican Dutchess1stHoward N. Allen* RepublicanChairman of Agriculture2ndEmerson D. Fite* RepublicanChairman of Charitable and Religious Societies Erie1stFrank A. Gugino* Republican2ndHarold B. Ehrlich* Rep./Am. L.Chairman of Claims3rdWilliam J. Butler Rep./Am. L.4thAnthony J. Canney* Democratalso a delegate to the Constitutional Convention5thFrank Kwiatkowski Dem./Am. L.6thJerome C. Kreinheder* Republican7thCharles O. Burney Jr.* Republican8thR. Foster Piper* Rep./Soc.Chairman of Insurance; also a delegate to the Constitutional Convention EssexThomas A. Leahy* Republican FranklinJohn H. Black* Republican Fulton and HamiltonDenton D. Lake* RepublicanChairman of Aviation GeneseeHerbert A. Rapp* RepublicanChairman of Motor Vehicles GreenePaul Fromer* Republican HerkimerLeo A. Lawrence* Republican JeffersonRussell Wright* Republican Kings1stCrawford W. Hawkins* Dem./T.U./A.-C.2ndBenjamin Brenner Am. L./City F.3rdMichael J. Gillen* Dem./T.U./A.-C.4thBernard Austin* Democrat5thCharles R. McConnell* Democrat6thRobert J. Crews Rep./City F.Chairman of Affairs of the City of New York7thWilliam Kirnan* Democrat8thCharles J. Beckinella Democrat9thEdgar F. Moran* Democrat10thWilliam C. McCreery* Democrat11thBernard J. Moran* Democrat12thEdward S. Moran Jr.* Democraton June 24, arrested and accused of taking bribesE. S. Moran Jr. of 12th A. D., Brooklyn, Accused of Getting $36,000 From Taxi Concerns in The New York Times on June 25, 1938 (subscription required)13thRalph Schwartz* Democrat14thHarry Gittleson Democrat15thJohn Smolenski Democrat16thSalvatore T. DeMatteo Am. Labor17thFred G. Moritt Democrat18thIrwin Steingut* DemocratMinority Leader; also a delegate to the Constitutional Convention19thMax M. Turshen* Democrat20thRoy H. Rudd* Democrat21stCharles H. Breitbart* Democrat22ndPeter H. Ruvolo Democrat23rdFrank Monaco Am. L./Rep. LewisFred A. Young* Republican LivingstonJames J. Wadsworth* RepublicanChairman of Public Relief and Welfare MadisonWheeler Milmoe* RepublicanChairman of Public Printing Monroe1stFrank J. Sellmayer Jr. Republican2ndAbraham Schulman Republican3rdEarl C. Langenbacher* Democrat4thPat E. Provenzano Republican5thWalter H. Wickins* RepublicanChairman of Commerce and Navigation MontgomeryL. James Shaver* RepublicanChairman of Canals Nassau1stJohn D. Bennett Republican2ndLeonard W. Hall* RepublicanChairman of Re-Apportionment; on November 8, 1938, elected to the 76th U.S. Congress New York1stJames J. Dooling* Democrat2ndNicholas A. Rossi* Democratalso a delegate to the Constitutional Convention3rdPhelps Phelps* Democrat4thLeonard Farbstein* Democrat5thJohn F. Killgrew* Democrat6thMeyer Goldberg Republican7thWilliam T. Middleton Republican8thStephen J. Jarema* Democrat9thIra H. Holley* Democrat10thMacNeil Mitchell Rep./City F.11thPatrick H. Sullivan* Democrat12thEdmund J. Delany* Democratalso a delegate to the Constitutional Convention13thWilliam J. Sheldrick* Democrat14thFrancis J. McCaffrey Jr.* Democrat15thAbbot Low Moffat* RepublicanChairman of Ways and Means: also a delegate to the Constitutional Convention16thRobert F. Wagner Jr. Democrat17thOscar Garcia Rivera Rep./Am. L.18thSalvatore A. Farenga* Democrat19thRobert W. Justice* Democrat20thWalter V. Fitzgerald Rep./Am. L.21stWilliam T. Andrews* Democrat22ndDaniel Flynn* Democrat23rdWilliam J. A. Glancy* Democrat Niagara1stFayette E. Pease* RepublicanChairman of Conservation2ndHarry D. Suitor* RepublicanChairman of Codes Oneida1stJohn J. Walsh Democrat2ndWilliam R. Williams* Republican3rdC. Dean Williams Republican Onondaga1stLeo W. Breed* Republican2ndGeorge B. Parsons* Republican3rdFrank J. Costello* Republican OntarioHarry R. Marble* RepublicanChairman of Printed and Engrossed Bills Orange1stLee B. Mailler* RepublicanChairman of Mortgage and Real Estate2ndCharles N. Hammond Republican OrleansJohn S. Thompson* RepublicanChairman of Public Service OswegoErnest J. Lonis* Republican OtsegoChester T. Backus* Republican PutnamD. Mallory Stephens* RepublicanChairman of Banks Queens1stMario J. Cariello* Democrat2ndTimothy P. Kirwan Democrat3rdJohn V. Downey* Democrat4thDaniel E. Fitzpatrick* Democrat5thWilliam F. Dailey Democrat6thJoseph P. Teagle Democrat Rensselaer1stPhilip J. Casey* Democrat2ndMaurice Whitney* RepublicanChairman of Taxation and Retrenchment Richmond1stCharles Bormann* Democrat2ndHerman Methfessel* Democrat RocklandLawrence J. Murray Jr. Democrat St. Lawrence1stW. Allan Newell* RepublicanChairman of Civil Service2ndWarren O. Daniels* Republican SaratogaRichard J. Sherman Republican Schenectady1stOswald D. Heck* Republicanre-elected Speaker2ndHarold Armstrong* RepublicanChairman of Affairs of Cities SchoharieArthur L. Parsons* Republican SchuylerDutton Peterson* Republican SenecaLawrence W. Van Cleef* Republican Steuben1stGuy W. Cheney* Republican2ndWilliam M. Stuart* Republican Suffolk1stEdmund R. Lupton* Republican2ndElisha T. Barrett* Republican SullivanWilliam A. Chandler Republican TiogaMyron D. Albro Republican TompkinsStanley C. Shaw* Republican UlsterJ. Edward Conway* RepublicanChairman of General Laws WarrenHarry A. Reoux* RepublicanChairman of Judiciary WashingtonHerbert A. Bartholomew* RepublicanChairman of Internal Affairs WayneHarry L. Averill* RepublicanChairman of Public Education Westchester1stChristopher H. Lawrence Republican2ndTheodore Hill Jr. Republican3rdJames E. Owens Republican4thJane H. Todd* RepublicanChairwoman of Social Welfare5thArthur J. Doran* Democrat WyomingHarold C. Ostertag* RepublicanChairman of Affairs of Villages YatesFred S. Hollowell* RepublicanChairman of Excise
Employees
Clerk: Ansley B. Borkowski
Notes
Sources
Members of Assembly—1938 in The State Employee (December 1937, Vol. 6, No. 9, pg. 16ff)
Members of the New York Senate (1930s) at Political Graveyard
Members of the New York Assembly (1930s) at Political Graveyard
RULES GROUP OF ASSEMBLY ADDS MEMBER in the Rochester Democrat and Chronicle, of Rochester, on January 11, 1938
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State Legislature
New York State Legislature