(JnrnpU Hatu irl^nol Hibrary 
 
Cornell University Library 
 J 87.N7 1880 
 
 Public papers of Alonzo B. Cornell, gove 
 
 3 1924 017 805 247 
 

 Cornell University 
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 tine Cornell University Library. 
 
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Public Papers 
 
 OF 
 
 Alonzo B. Cornell. 
 
 GOVERNOR 
 
 STATE OF NEW YORK, 
 
 1880. 
 
 ALBANY : 
 
 E. H. bender's son, printer, 
 1881. 
 
PUBLIC PAPERS 
 
 OF 
 
 GOVERNOR CORNELL. 
 
 MESSA(SyE. 
 
 STATE OF NEW YORK: 
 
 Executive Chambee, ) 
 Albany, January 6, 1880. \ 
 To the Legislature : 
 
 In obedience to the Constitution, information relative to 
 the condition of the State is herewith communicated, with 
 such suggestions and recommendations as are deemed expe- 
 dient. 
 
 The year just closed has been one of increasing prosperity 
 and encouragement. With the resumption of specie pay- 
 ments by the National Government, and the restoration of 
 a sound financial basis, there has been marked improvement 
 in all business affairs. Renewed confidence has set in motion 
 the current of industrial activity, and willing hands have had 
 ready employment. Ample crops have found eager markets, 
 and agricultural interests have abundantly prospered. There 
 has been unusual exemption from disease, while peace and 
 good order have prevailed within our borders. Seldom, 
 indeed, has there been such cause for thankfulness. May 
 we, as a people, have a realizing sense of gratitude for the 
 Divine favor so generously bestowed upon us. 
 
 Finances. 
 The finances of the State are reported to be in a satisfac- 
 tory condition. The operations of the last fiscal year and 
 the general condition of the State treasury, on the 30th of 
 
4 Public Papers of Goverwoe Cornell. 
 
 September, 1879, are shown by tbe following statement : 
 Aggregate balance^ ii; the Treasury qi a\l the 
 
 funds October 1, 1878 $4,293,883 54 
 
 AggTegate receipts during the fiscal year end- 
 ing September 30, 1879 12,852,944 88 
 
 $17,146,828 42 
 Deduct payments during the year 12,628,472 01 
 
 Balance in the Treasury, Sept. 30, 1879. . . $4,518,356 41 
 
 The amount of receipts into the Treasury on 
 account of the General Fund revenue, during 
 the year ending September 30, 1879 $7,101,964 40 
 
 The payments 7,191,533 60 
 
 Apparent deficiency, September 30, 1879. $89,569 20 
 
 Supplementary Statement. 
 
 Balance due from County Treasurers, Sept- 
 ember 30, 1879, on State tax of 1878 $147,984 66 
 
 Add amount paid on account of 1879, appro- 
 priations included in tax levy of last year, 
 payable in State Treasury in April and May, 
 188Q 835,352 18 
 
 Deduct apparent deficiency of the 
 revenue, September 30, 1879, as 
 shown in preceding statement,. $89,569 20 
 
 Also balance^ of 1878, appropria- 
 tions unpaid and in force Sept- 
 ember 30, 1879 274,725 59 
 
 Also balance of 1879, appropria- 
 tion for New Capitol, not in- 
 cluded in tax levy 217,763 56 
 
 $983,336 84 
 
 582,058 35 
 
 Actual surplus September 30, 1879 $401,278 49 
 
PxTBLic Papers oe Goveknoe Cornell. 5 
 
 Debt. 
 On the SOth September, 1878, the total funded 
 debt was $9,154,054.87, classified as follows : 
 
 General Fund §122,694 87 
 
 Canal 9,020,360 00 
 
 Bounty 11,000 00 
 
 $9,154,054 87 
 
 On the 30th September, 1879, the total funded 
 debt was $9,122,054.87, classified as follows': 
 
 General Fund $122,694 87 
 
 Canal 8,988,360 00 
 
 Bounty 11,000 00 
 
 $9,122,054 87 
 
 The General Fund State debt is all paid, and the item of 
 $122,694.87, included above, represents the amount required 
 to yield, at the rate of six per cent, the sum necessary to pay 
 the Indian annuities. The balance of $11,000, Bounty Debt 
 for which funds are provided, had not been presented for 
 redemption at the close of the fiscal year. A balance of 
 $1,451,628.48 in the Canal Sinking Fund, leaves the amount 
 of that debt, unprovided for, September 30, 1879, at $7,536,- 
 731.52. 
 The State Debt on the 30th September, 1878, 
 
 after deducting the unapplied balance of the 
 
 Sinking Funds, amounted to $8,130,726 69 
 
 On the 30th September, 1879 (including $122,- 
 
 694.87), to 7,659,426 39 
 
 Showing net contributions to the Sinking 
 Fund of $471,300 30 
 
 The actual reduction of the debt during the 
 same period by cancellation being $32,000 00 
 
6 Public Papers of Govebnoe Cornell. 
 
 Taxation. 
 
 For the fiscal year 1879, the tax levy was at the rate of 
 2S mills, which is expected to produce the sum of $7,690,- 
 416.34, while that of the previous year, being at the rate 
 of 2i'o mills, produced the sum of $7,941,297.94. 
 
 Among the questions which public sentiment will press 
 upon your attention, is a revision of the laws for the assess- 
 ment of property as a basis of taxation. The laws now in 
 force are imperfect and unequal in their operation. By 
 unjust discriminations, enormous values of property which 
 should contribute a fair proportion to the public revenues 
 are allowed to escape taxation, thus imposing onerous bur- 
 dens upon a portion of our citizens. Perhaps no subject 
 demands more careful consideration, and a wiser exercise of 
 sound judgment. The important and complex questions 
 involved require close, constant and long-continued exami- 
 nation, and it is doubted whether the necessary attention can' 
 be devoted to them during an ordinary legislative session. 
 It is, therefore, suggested that the subject be placed in the 
 hands of a Commission fairly representing the agricultural, 
 commercial and other material interests of the State, to per- 
 fect a plan for the consideration of the next Legislature. It 
 is believed that such course would give the best promise of 
 an early and final determination of this important question. 
 
 Canals. 
 The aggregate receipts of the canals from tolls, and all 
 miscellaneous sources, for the fiscal year ending September 30, 
 1879, were $921,252.81, being less than the preceding year by 
 $67,398.54. The total expenses for ordinary repairs, super- 
 intendence and collection of tolls were $751,774.82, or $12,- 
 025.85 more than the year previous. The surplus revenues 
 were $169,477.99, showing a decrease, as compared with the 
 preceding year, of $79,424.39. 
 
Public Papees of Goveenoe Coenell. 7 
 
 Tlie constitutional requirements in regard to the canal debt 
 for the year are as follows : 
 
 For interest on canal debt $540,822 00 
 
 For sinking fund for the extinguishment of the 
 
 <iebt 450,000 00 
 
 Total $990,822 00 
 
 Surplus revenues applied 169,477 99 
 
 Deficiency to be provided for by taxation $821,.344 01 
 
 Expenses for extraordinary repairs and damages 
 paid from taxes the past year were 139,478 43 
 
 Total amount contributed by the taxpayers 
 on account of the canals for the year $960,822 44 
 
 The laws regulating canal management were enacted prior 
 to the change in the Constitution creating the present mode 
 of administration, and are in many respects insufficient for 
 public requirements. Some legislation is therefore necessary 
 to accomplish all that was contemplated by the new system. 
 
 Public Education. 
 
 There is no subject in which the people have a deeper con- 
 cern than that of public education. The policy of the State 
 in relation to its school system has been steadily progressive, 
 and each decade has witnessed an important advance in this 
 great interest. Pre-eminent in population and intelligence, 
 'New York has no prouder record than her educational devel- 
 opment. 
 
 Wisely enacted laws provide for the support of common, 
 or primary schools, everywhere within reach of the humblest 
 child, and permit local communities to establish such ad- 
 vanced grades of academic education, as they may desire 
 for the more ambitious students. The best interests of the 
 State will be promoted by placing the highest educational 
 advantages within the reach of all who seek them. 
 
8 Public Papebs op Governor Cornell. 
 
 The policy of making women eligible as school officers has 
 been adopted in several States with beneficial results, and the 
 question is exciting much discussion in this State. Women 
 are equally competent with men for this duty, and it cannot 
 be doubted that their admission to representation would 
 largely increase the efficiency of our school management. 
 The favorable attention of the Legislature is earnestly 
 directed to this subject. 
 
 The Superintendent of Public Instruction has furnished 
 from the statistics gathered by him, the following statehient 
 relative to the support of the common schools, and the 
 attendance of pupils, during the year ending September 30, 
 1879: 
 
 Common School Statistics. 
 Total receipts, including balance oh hand Sept- 
 ember 80, 1878 $11,293,716 40 
 
 Total expenditures 10,333,961 90 
 
 Amount paid for teachers' wages 7,600,392 00 
 
 Amount paid for school-houses,' repairs, furni- 
 ture, etc 1,205,687 03 
 
 Estimated value of school-houses and sites 30,767,479 00 
 
 Number of school-houses 11,862 
 
 Number of school districts, exclusive of cities^ 11,280 
 
 Number of teachers employed for the legal 
 
 ' term of School ; . . . . 2!o^295 
 
 Number of teachers employed dnting aily por- 
 tion of the year 30,669 
 
 Number of children attending public schools . . 1,030,041 
 
 Number of pefsohs attending Normal schools, 5,385 
 
 Nnniber of ChUdten of school age in private 
 
 schools : . . : , : , 114,460 
 
 Number of vohimes in school district libraries, 755,380 
 
 Number of persons in the State between the 
 ages of five and twenty-one years 1 628 727 
 
Public Papees of Goveenoe Cornell. 9 
 
 State Peisons. 
 
 Under the operation of the recent amendment to the Con- 
 stitution, the State prisons have been nearly self-supporting 
 the past year. Gratifying as this may appear in a general 
 view, it has been accomplished at some detriment to certain 
 mechanical interests with which prison manufactures have 
 come in direct competition. Many intelligent and industrious 
 mechanics represent that great hardship proceeds from this 
 cause. While it is desirable that the prisons should be as 
 little burdensome as possible, care should be taken to avoid 
 all unnecessary interference with industrial interests. 
 
 The earnings and expenditures of the several prisons of 
 the State for the year ending September 30, 1879, are shown 
 in the following exhibit ; 
 
 AUBIJEN. 
 
 Earnings $128,694 00 
 
 Expenses 126,505 72 
 
 Surplus 82,188 28 
 
 Sing Sing. 
 
 Earnings $226,907 04 
 
 Expenses 187,693 23 
 
 Surplus 39,213 81 
 
 Total surplus $41,402 09 
 
 Clinton. 
 
 Earnings , $46,762 75 
 
 Expenses 108,539 02 
 
 Deficiency $61,776 27 
 
 Total deficiency $20,374 18 
 
 2 
 
10 Public Papbes op Goveewoe Coenell. 
 
 Ijstsueanoe. 
 
 There are doing business in this State 178 fire insurance 
 companies, classified as follows : New York, 89 ; other States, 
 68; Foreign, 21; having, in total assets, $139,093,601; lia- 
 bilities, including capital stock, |98,558,223; net surplus, 
 140,535,377. 
 
 While these companies present this financial showing, there 
 is much cause for solicitude in the fact that the losses and 
 expenditures during the last six months exceed the gross 
 earnings by $4,361,188; also that the previous surplus has 
 been diminished by $3,051,051 ; and of the eighty- three New 
 York companies only ten have kept up their surplus. Such 
 facts strongly indicate that the companies are either insuring 
 at too low rates, or they are conducting business in an expen- 
 sive and hazardous manner. 
 
 Of the 3,693 fires which occurred in the United States in 
 1878, involving losses amounting to $19,000,000, more than 
 2,000, with an aggregate loss of i^lljOOOiOOO, were of incen- 
 diary or undiscovered origin. In view thereof, it is worthy 
 of consideration whether additional legislation is not required 
 to suppress the crime of incendiarism. 
 
 There are at present fifteen life insurance companies organ- 
 ized and doing business under the laws of this State, with 
 aggregate assets of $206,552,630; liabilities, $174,793,338; 
 surplus to policy-holders, $31,759,292; and nineteen other 
 State companies with assets of $197,526,513 ; liabilities, $164,- 
 792,287; surplus, $32,734,226. Seventeen marine insurance 
 companies are also in operation (eight of which are organized 
 under the laws of New York), with assets amounting to 
 $21,000,000 and a net surplus of $2,700,000. 
 
 The laws of 1853 require Foreign fire and life insurance 
 companies to deposit securities in the Insurance Department 
 of the State ; but as no such requirement is made of marine 
 companies, the question arises for the Legislature to deter- 
 
Public Papers of Governor Cornell. 11 
 
 mine whether or not tliere is substantial reason for any 
 exception in their case. 
 
 Banks. 
 
 On the 1st of October last, seventy-three banks of discount 
 and deposit were doing business under the laws of the State, 
 with an aggregate capital of $19,353,200. 
 
 The number of savings banks reporting July 1, 1879, was 
 one hundred and thirty-one, of which twelve were closing 
 and not receiving new deposits. 
 
 The total assets were $341,368,686 
 
 Due depositors ■ 304,692,339 
 
 Surplus 36,326,929 
 
 Number of depositors 827,852 
 
 The increase in the several items for the last preceding six- 
 months, was : 
 
 Assets $7,131,375 
 
 Deposits "5,617,700 
 
 Surplus 1,773,667 
 
 Number of depositors 17,835 
 
 The improvement thus shown in the condition of the 
 savings banks is encouraging, as contrasted with the fre- 
 quent disasters of the past few yeai's. 
 
 The reduced income from investments renders economy 
 of management the more important. That such economy is 
 feasible, is evident from the fact, that while each depositor's 
 account in the savings banks of this State costs for manage- 
 ment $1.63, the same service in Connecticut and New Hamp- 
 shire is but $1.11, and in Massachusetts only 89 cents. 
 
 There were on July 1, eight Trust companies with 
 
 an aggregate capital of $6,851,875 
 
 Assets 66,240,668 
 
 Liabilities, exclusive of capital 53,855,629 
 
12 Public Papers of Goverwok Cornell. 
 
 Surplus 5,^33,063 
 
 Pour Mortgage and Guaranty companies with an 
 
 aggregate capital of 4,525,500 
 
 Surplus ...; 1,024,651 
 
 National Guard. 
 
 The National Guard- is represented as being in excelleiit 
 condition, both in general composition and equipment. The 
 discipline of the organization has been for several years 
 steadily improving, and vs^henever its services have been 
 required it has never failed promptly and cheerfully to 
 perform efficient duty. Happily no necessity has arisen 
 during the past year for active service, except in a few 
 instances where guard duty was required at executions. 
 
 The organization consists of seven divisions and thirteen 
 brigades, embracing the several branches of service, as fol- 
 lows : Twenty -three regiments, six battalions, and thirty- 
 three separate companies of infantry ; one regiment and 
 eleven separate troops of cavalry ; and of artillery, one 
 battalion, nine separate light batteries, and two batteries 
 armed with Gatling guns. In the aggregate number there 
 are 20,280 officers and enlisted men. 
 
 The Military Code of the State is composed of ancient, 
 enactments that have been amended from time to time as 
 occasion required. Thus incumbered, it has become in many 
 respects incongruous and impracticable. It is recommended, 
 therefore, that a commission composed of officers of suitable 
 rank in the National Guard be authorized to codify .the mili- 
 tary laws, and to revise the regulations accordingly. 
 
 In the firm belief that an effective military force, prepared 
 for instant duty, is a useful conservator of the public peace, 
 the National Guard is commended to your favorable consid- 
 eration. 
 
Public Papeks of Governor Cornell. 13 
 
 The New Capitol. 
 
 The Commissioners in charge of the erection of the New 
 Capitol report that the total amount expended to date is 
 $9,600,681.65. The amount standing charged to this account 
 on the books of the Comptroller is $10,261,870.84. The differ- 
 ence between these two statements is assumed to be in the cost 
 of land and other expenses incurred prior to the beginning of 
 the construction account. Of the sum iirst mentioned $132,- 
 583.45 were paid for furnishing the completed portion of the 
 building. 
 
 The last appropriation of $500,000 for the continuation of 
 the work was made not available by the terms of the act, 
 until the Commissioners had filed a written certificate with 
 the Secretary of State, to the effect that after examining the 
 estimates, plans and specifications, they were satisfied the 
 building could be completed at a further cost of $3,5(10,000 
 over and above that appropriation. This provision was com- 
 plied with, and the Commissioners claim that the record of 
 work performed during the year demonstrates the correctness 
 of their estimates, and proves that if there shall be no consid- 
 erable advance in the price of labor and materials the build- 
 ing can be completed for the sum stated. The Commission- 
 ers are also of opinion that the prosecution of the work to the 
 best advantage will require appropriations of $1,500,000 for 
 the ensuing year, and $1,000,000 for each of the two years 
 thereafter, and that the entire building can be made ready for 
 occupation within three years from this time. 
 
 As a member of the New Capitol Commission in 1868, my 
 most earnest endeavors were made in opposition to commenc- 
 ing the Capitol, in the belief that it could not be constructed 
 within the limit of $4,000,000, as then fixed by the Legisla- 
 ture ; but the Commission decided to proceed and the building 
 was begun. The work has progressed under appropriations 
 by successive Legislatures, notwithstanding the pronounced 
 
14 Public Papers of Goveenor Cornell. 
 
 objections of the last three Executives, until it is now so far 
 advanced that there seems to be no rational course left but 
 to provide for its completion in the most advantageous man- 
 ner possible. In this view it is suggested whether it may not 
 be best to provide the necessary means by a loan under the 
 twelfth section of article geven of the Constitution, by which 
 arrangement a portion of the burden would be placed upon 
 the future taxpayers, who will enjoy the use of this grand biit 
 costly edifice. 
 
 Insane Astlums and Charitable Institutions. 
 
 Prom statistics furnished by the State Board of "Charities, 
 there were in the several asylums and alms-houses on the 
 1st of October, 1879, of insane persons, as follows: Males, 
 3,961 ; females, 5,054; total, 9,015. 
 
 There were of insane persons in all public and private insti- 
 tutions : 
 
 ISTovember 30, 1878 8,771 
 
 ISTovember 30, 1877 7,921 
 
 The condition of the insane in the poor-houses of the State 
 is pitiable in the extreme, and urgently demands attention. 
 The last Legislature provided for the conversion of the State 
 Inebriate Asylum, at Bingham ton, into an asylum for the 
 chronic insane. The building is now being adapted to this 
 purpose, and will soon be ready for 300 patients. The same 
 Legislature also made provision for additional accommoda- 
 tions for 250 women at the Willard Asylum. The buildings 
 are now being erected, and will probably be available early 
 in the coming summer. There are in this asylum about 200 
 female patients in excess of its proper capacity, so that the 
 new buildings will only relieve the present crowded condition 
 of the institution. 
 
 The annual report of the State Board of Charities will con- 
 tain much valuable and interesting information in detail with 
 
Public Papers of Governok Cornell. 15 
 
 reference to tlie unfortunate classes under their supervision, 
 and it will doubtless receive your considerate attention. 
 
 County Jails and Poor-Houses. 
 Many of the county jails and poor-houses in the State are 
 represented to be a disgrace to our civilization. Instead 
 of serving their legitimate purposes they are said to appear 
 more like nurseries of immorality, squalor and crime. Phil- 
 anthropic citizens who have labored zealously to ameliorate 
 the condition of the unfortunate inmates of these institutions 
 are urgent in their demands for reformation. The indiscrim- 
 inate confinement of petty offenders and persons awaiting 
 the action of grand juries, in the same apartments with the 
 most hardened criminals, must almost of necessity result in 
 increasing the degradation of those who should be shielded 
 from malign influences while in the custody of the authori- 
 ties. The practice of confining felons in the penitentiaries 
 instead of the State prisons is also deemed, unwise and 
 injurious. While referring to this subject it is suggested 
 that an extension of the jurisdiction of the State Board of 
 Charities over the local prisons and poor-houses might lead 
 to beneficial results in an important direction. 
 
 Emigration. 
 
 The whole number of passengers from foreign ports 
 landed in New York from January 1 to December 1, 1879, 
 was 167,665, of whom 39,560 were citizens, or persons who 
 had previously been in the. United States ; and 128,106 were 
 aliens. The number of steerage passengers landed at Castle 
 Garden was 127,271, being an increase of 50,726 over the 
 preceding year, and largely in excess of any year since 
 1873. It is expected that emigration next season will show 
 a corresponding increase. 
 
 The number of emigrants remaining in the State Emigrant 
 Eefuge and hospitals is 484, of which number 81 are insane. 
 
16 Public Papers of Governoe Cornell. 
 
 At tlie Castle Garden Labor Bureau employment was pro- 
 cured during the same period for 15,235 emigrants, and a 
 large number were forwarded to inland destinations wholly 
 or in part at the expense of the Commissioners of Emigration. 
 
 Of the appropriation of $170,000 made by the Legislature 
 for the maintenance of the State Emigrant institutions for the 
 year beginning May 1, 1879, there have been expended $103,- 
 295.14, leaving $66,704.86 for the remaining five months of 
 the year. 
 
 The decision of the Supreme Court of the United States, 
 rendered March 20, 1876, declaring unconstitutional and void 
 the laws of the State requiring indemnity or guarantee by 
 commutation for the support of indigent emigrants, has 
 imposed a serious burden upon the State. In obedience to 
 the direction of the Legislature, the Commissioners of Emi- 
 gration appealed to Congress for relief, but no result has yet 
 been secured. A bUl to regulate emigration, approved by all 
 the Representatives from this State, has recently been intro- 
 duced in Congress, and it is hoped that it will receive favor- 
 able consideration. It is recommended, therefore, that the 
 Legislature take some formal action in behalf of the measure. 
 
 Quarantine. 
 
 During the past season 1,142 vessels from ports liable to 
 visitations of yellow fever were examined by the Quarantine 
 officers at the port of New York, of which 284 were from 
 ports known to be infected. Ninety-five vessels had 256 
 cases of yellow fever on their passage, or in port under 
 quarantine. Fifty cases of fever were treated in the Quaran- 
 tine hospitals, of which twenty-nine were yellow fever. Of 
 the latter eleven proved fatal. 
 
 It is gratifying in this connection to state that the National 
 Board of Health, after careful investigation of the methods 
 in vogue at the different ports, unanimously recommended 
 the principles and modes practiced at the port of New York, 
 
Public Papers of Governor Cornell. 17 
 
 as aflfording tlie greatest protection against disease and the 
 least interference witli the freedom of commerce. 
 
 Railroad Transportation. 
 
 For several years there has been an increasing interest in 
 the subject of railroad transportation. The relations of rail- 
 roads to the public are of vast importance and demand careful 
 examination by the Legislature. In its inter- State aspect the 
 subject can only be treated by Congress. But the internal 
 interests of the people of this State, comprising one-tenth of 
 the population of the Union, must depend upon local legis- 
 lation. Responding to popular sentiment, the last Assembly 
 appointed a special committee to investigate the management 
 of the railroads, with instructions to report to the next Legis- 
 lature. The members of the committee have devoted them- 
 selves assiduously to this duty, and will, in due time, present 
 their conclusions for your consifieration. 
 
 The question of railroad transportation affects directly or 
 indirectly every industrial and commercial interest ; and the 
 public have the right to demand that freight tariffs shall be 
 uniform for like service, without discrimination as between 
 citizens or communities, and that they shall also have all 
 reasonable publicity. This should be secured by just and 
 practical regulations. 
 
 Election Laws. 
 
 The foundations of free government rest upon the purity of 
 the ballot. Every elector is entitled to have his vote honestly 
 counted and to be protected from all fraudulent practices in 
 the conduct of elections. This is the vital element of Na- 
 tional life, and in many respects it is the most difficult to 
 shield from abuse. All enactments, whether National or 
 State, calculated to protect the freedom and integrity of the 
 elective franchise, are earnestly to be commended. 
 
 In consequence of enormous election frauds perpetrated in 
 3 
 
18 Public Papers of GovEEisroR Coewell. 
 
 the city of N"ew York in former years, very effective laws 
 have been enacted for that locality. Bnt in other cities 
 defective statutes are still in operation, and in some of them 
 elections are conducted in a grossly fraudulent manner. 
 Remedy has heretofore been sought in more perfect legis- 
 lation, but obstacles have arisen to defeat the desired object.: 
 A well-guarded registry law for all incorporated villages is 
 also believed to be necessary for the correction of existing 
 evils. In view of the importance which these subjects bear 
 to the highest interests of the people, it is hoped they will 
 receive your early consideration. 
 
 Excise Laws. 
 Much dissatisfaction prevails in regard to the Excise laws, 
 and it is essential that some effort be made to render them 
 more effective. The laws are constantly violated or evaded, 
 and inadequate attention is given to their enforcement. In- 
 deed, the chief difficulty seems to be to determine the scope 
 or meaning of the existing statutes on this subject. Under 
 recent and somewhat conflicting decisions, Excise commis- 
 sioners are left with large discretionary powers. The will 
 of the commissioners is substituted for the mandates of law, 
 hence conflicting interpretations obtain within the jurisdic- 
 tion of the different boards of Excise. What is needed is a 
 carefully matured act that can be plainly understood and 
 faithfully executed. Although beset with difficulties, it is 
 your duty to seek an intelligent solution of the matter. 
 
 Harboe Masters. 
 The Supreme Court of the United States having declared 
 that portion of the law of the State unconstitutional which 
 authorizes the collection of fees by Harbor Masters, these 
 officers are left to perform important duties without legal 
 remuneration. If the services rendered by them are to be 
 contmued, it will be necessary for the Legislature to provide 
 for their compensation in some different form. 
 
Public Papers of Governoe Cornell. 19 
 
 Pilotage. 
 The laws relating to pilotage in the harbor of New York 
 cause much complaint from those engaged in commerce. It 
 is represented that the legal charge for piloting a large 
 steamship in and out of that port is larger than the wages 
 of the captain for the round European trip. If this be true, 
 a remedy is surely needed. The growing competition of 
 other sea-ports for our vast foreign trade renders it impera- 
 tive that the commerce of New York shall be relieved of all 
 unnecessary burdens. The future prosperity of the State 
 is largely dependent upon the continuance of our commer- 
 cial supremacy, and no private interest should be permitted 
 to interfere with that great object. 
 
 Indians. 
 Attention has been called to the condition of the Indians 
 still remaining vsdthin the limits of the State, more especially 
 those residing on the Onondaga reservation. According to 
 the representations of ^well-informed citizens, there se m to 
 be ample reasons for the adoption of such measures as will 
 conduce to the moral and material welfare of this peculiar 
 people. Much must necessarily depend in this direction 
 upon the exercise of wise and beneficent influences ; but as 
 the State has long sustained the relation of guardian to the 
 remnants of Indian tribes within its domain, the interests in- 
 volved in their situation are commended to your thoughtful 
 
 consideration. 
 
 Local Indebtedness. 
 Serious embarrassment exists in different sections of the 
 State on account of the large amount of town indebtedness 
 incurred for the most part in aid of railroad enterprises. In 
 some instances towns are being depopulated in consequence 
 of the high rate of taxation rendered necessary to pay the in- 
 terest on their bonds. The value of property is also depre- 
 ciating ; and looking forward to th3 maturity of the debt, the 
 prospect becomes still more discouraging. The only remedy 
 
20 Public Papees of Goveenoe Coenell. 
 
 seems to be in refunding the indebtedness, so as to reduce the 
 rate of interest. This, however, requires an improved credit ; 
 and it is very desirable that some measure be devised, if 
 possible,. to enable the towns to accomplish this object. 
 Municipal Affaies. 
 
 Municipal affairs are prolific subjects of legislation and 
 will doubtless occupy much of your attention. In dealing 
 with them it should be remembered that the restor^-tion of 
 specie payments affords a favorable opportunity for the re- 
 adjustment of public expenditures, many of which, established 
 during the period of inflation and fixed at rates now extrava- 
 gant, have become needless burdens upon the taxpayers. 
 Especially is this true in the city of New York. Overbur- 
 dened with debt largely created by the criminality of faith- 
 less officials, the expenses of the city government should be 
 reduced to a frugal and economical basis. 
 
 All measures calculated to simplify the methods and pro- 
 mote the stability of local as well as State administration, or 
 secure efficient and economical discharge of official duty are 
 earnestly commended to your favorable consideration and 
 
 support. 
 
 CoNCLusioisr. 
 
 We enter upon our duties under circumstances which mark 
 an interesting event in the history of the State. For the first 
 time since the organization of our State government in 1777, 
 the executive officers and the members of both branches of 
 the Legislature were chosen simultaneously at the recent 
 election. A trust of unusual magnitude, therefore, is com- 
 mitted to us, for the faithful performance of which we shall 
 justly be held to strict accountability. 
 
 Commissioned as the representatives of a grand constituency, 
 unequaled in enterprise, wealth, and power, may we be im- 
 pressed with the gravity of our responsibilities, and solmenly 
 resolve to be guided by worthy motives in every official action. 
 
 ALONZO B. CORNELL. 
 
Public Papees of Goveenoe Cornell. 21 
 
 STATE OF NEW YORK : 
 
 EXEOtJTIVE ChAMBEE, | 
 
 ALBAJsry, January 16, 1880. ) 
 To the Legislature : 
 
 You are herewith presented with the report of the Agent 
 of the State, appointed by my predecessor pursuant to the 
 provisions of chapter 134 of the laws of 1878, in relation to 
 infectious and contagious diseases of animals. 
 
 It will be observed that the sum heretofore appropriated 
 for this purpose has been exhausted ; and liabilities have 
 been incurred amounting to about $16,000. In view of this 
 fact, it has seemed proper for me to direct the suspension 
 of all work and expense until the Legislature shall have 
 taken action, notwithstanding the urgent representation of 
 the Secretary of the State Agricultural Society, of the neces- 
 sity for continuing the work. 
 
 Your early attention to the subject is respectfully directed. 
 
 ALONZO B. CORNELL. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, \ 
 Albany, January 31, 1880. j 
 Honorable Samuel A. Bowen, Judge of the County of 
 Otsego, Cooperstown, N. Y. 
 Sir : It is my duty to inform you, that charges have been 
 preferred against you " for conspiracy to stop the course of 
 justice," etc., which said charges have been duly entered 
 and filed in this office. 
 
 Herewith you will find a true and correct copy of the 
 same, to which you will please make answer at as early a 
 
 day as practicable. 
 
 Very respectfully, 
 
 ALONZO B. CORNELL. 
 
22 Public Papees of Governob Coknell. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 •Albany, February 7, 1880. ) 
 ISTathawiel M. White, Esq., District Attorney, Syra&wse, 
 County of Onondaga, N. Y. 
 Sir : Charges have been preferred against yon for "lax or 
 wilful violation" of your oath of office ; which charges have 
 been dnly entered and placed on file in this office. A true 
 and correct copy of the same is herewith presented, to which 
 you are requested to make answer in writing at as early a 
 
 day as practicable. 
 
 Very respectfully, 
 
 ALONZO B. CORNELL. 
 
 STATE OP NEW YORK : 
 
 Executive Chamber, ) 
 Albany, February 14, 1880. f 
 
 Whereas, At a meeting of the Governors of the original 
 Thirteen States, in Philadelphia, on the 19th day of October, 
 1879, it was 
 
 ^' Jiesolved, That we, the Governors and representatives 
 of the original Thirteen Colonies, convened at Independence 
 Hall, this 18th day of October, 1879, knowing that the pur- 
 poses for which we assembled meet the hearty approbation 
 of our constituents, do hereby commend to the people of the 
 United States such a celebration of the centennial anniver- 
 sary of the surrender of Cornwallis at Yorktown, as shall 
 befit the historical significance of that event and the pres- 
 ent greatness of the nation. 
 
 "Resolved, That a committee of one from each State, to 
 be nominated by the Governors thereof, of which committee 
 Governor HoUiday shall be chairman, be appointed to make 
 proper arrangements for such celebration." 
 
 Therefore, in accordance with the foregoing, the Honorable 
 John A. King is hereby designated as the representative of 
 the State of New York, for the purpose indicated. 
 
 [L. S.J ALONZO B. CORIVPT.T. 
 
Public Papers of Goveenob Cornell. 23 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, February 16, 1880. f 
 To the Legislature : 
 
 The Eevised Statutes provide that the Governor shall be the 
 keeper of the Great Seal of the State. In practice, however, 
 the Secretary of State is the actual keeper of the Great Seal ; 
 and the custom for many years has been for the Governor to 
 sign certificates in blank, to be issued by the Secretary of 
 State in due form when required. 
 
 In order therefore, that the law may be made to conform to 
 the established usage, and place the responsibility for the 
 correctness of official papers upon the officer who really 
 executes them, it is recommended that the Statute be so 
 amended as to make the Secretary of State the official custo- 
 dian of the Great Seal. 
 
 This change of tlie law will relieve the Governor of an 
 onerous but useless duty, and simplify the form of official 
 action to which it relates. 
 
 ALONZO B. CORNELL. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Alb\ny, February 27, 1880. ) 
 It appearing by the certificate of the District Attorney of 
 the County of Albany, that John Hughes has been indicted 
 by the Grand Jury ■ of said County, for th^, crime of murder 
 in the first degree, and that the trial of said Hughes, upon 
 said indictment, is about to be commenced, and that the same 
 is an important criminal action ; 
 
 Now, upon the request of said District Attorney, I, Alonzo 
 B. Cornell, Governor of the State of New York, pursuant to 
 chapter three hundred and twenty-three of the laws of 1874. 
 do hereby assign and appoint Hon. Hamilton Ward, Conn- 
 
•24 Public Papers of Goveenop Coenell. 
 
 sellorat Law, as counsel onbelialf of the People to assist upon 
 the trial of the said John Hughes upon said indictment. 
 
 Done at the Capitol at the city of Albany, this 27th day 
 [L. s.] of February, 1880. 
 
 ALONZO B. CORNELL. 
 
 STATE OF NEW YORK : 
 
 Executive Chambee, i 
 Albany, March I, 1880. \ 
 To the Assemhly : 
 
 Assembly bill No. 89, entitled "An act to amend chapter 
 863 of the laws of 1873, entitled ' An act to amend the charter 
 of the city of Brooklyn,' and the various amendments 
 thereof," is herewith returned without approval. 
 
 The object of this bill is to extend the term for which con- 
 stables in the city of Brooklyn shall be elected, from one to 
 two years. In my opinion these officers should remain as at 
 present, subject to the review of their constituencies at each 
 
 annual election. 
 
 ALONZO B. CORNELL. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, March 3, 1880. ( 
 To the Assembly: 
 
 Assembly bill No. 19, entitled "An act to amend chapter 686 
 of the laws of 1872, entitled ' An act to amend an act en- 
 titled an act to erect the village of Middleburgh into a separate 
 road district,' and the several acts amendatory thereof," is 
 herewith returned without my approval. 
 
 Section 18, of article 3, of the Constitution, and the laws 
 passed in pursuance thereof, give Boards of Supervisors 
 full jurisdiction over the subject of road districts. It is be- 
 lieved, therefore, that this bill is quite unnecessary, if not 
 
Public Papeks of Goveknoe Cornell. 25 
 
 actually in conflict with the constitutional provisions on the 
 subject. 
 
 ALONZO B. COHNELL. 
 
 Veto, Assembly Bill No. 38, Creating Additional 
 Officers in Kings County. 
 
 STATE OF FEW YORK : 
 
 Executive Chamber, j 
 Albany, March 4, 1880. j 
 To the Assembly : 
 
 Assembly bill No. 38, entitled "An act to amend chapter 
 353 of the laws of 1878, entitled ' An act in relation to the 
 term of office of the Clerk and Assistant Clerk of the Board 
 of Supervisors of Kings county, and of the engineers of the 
 county court-house in said county,' " is hereby returned 
 without rtiy approval. 
 
 Existing laws confer upon the Board of Supervisors all 
 requisite powers for the employment of persons for the 
 transaction of necessary business. This bill arbitrarily 
 directs the Supervisors of Kings county to elect an addi- 
 tional clerk and messenger. In my opinion it ought not 
 
 to become a law. 
 
 ALONZO B. CORNELL. 
 
 "Veto, Assembly Bill No. 105, Relative to the Support 
 OF THE Poor in Niagara County, 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, j 
 Albany, March 5, 1880. f 
 To the Assembly: 
 
 Assembly bill No. 105, entitled "An act conferring addi- 
 tional powers upon the Board of Supervisors of the county 
 4 
 
26 Public Papees of Goveenok Cornell. 
 
 of .Niagara, relative to expenses for tlie support of the poor," 
 is herewith returned without my approval. 
 
 The object of this bill is to take from the superintendents 
 of the poor the powers and duties given by the general 
 laws of the State, and to transfer them to the supervisors. 
 This is manifestly unwise and improper. 
 
 ALONZO B. COKNELL. 
 
 In the Matter of a Requisition of the Goveenor of 
 Pennsylvania for the Surrender of J\mes Heck- 
 hart. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, » 
 Albany, March 22, 1880. ( 
 His Excellency, Henry M. Ho yt, Governor of Pennsylvania : 
 
 SiE : Proper consideration for the rights of a citizen of this 
 State compels me to deny your requisition, dated January 12, 
 1880, for the surrender of James Heckhart, of Lindley, 
 Steuben county, New York, charged with the crime of larceny 
 committed in the county of Tioga, Pennsylvania. 
 
 The papers upon which the requisition is based show that, 
 on the night of the 18th of December last, a quantity of leaf 
 tobacco of the value of eighty dollars was stolen from the 
 premises of one Adam Miller, in Lawrence, Tioga county, 
 and Miller swears he has good reason to suspect Heckhart of 
 the crime. 
 
 From another source it has become known to me that the 
 cause of suspicion against Heckhart is the fact that a quantity 
 of leaf tobacco was found upon his premises in this State, and 
 supposed to be the same tobacco alleged to have been stolen 
 from Miller. 
 
 There is no evidence of Heckhart having been in Pennsyl- 
 vania or having committed the larceny, or that he is really a 
 
Public Papers of Goveenoe Cornell. 27 
 
 fugitive from justice from the State of Pennsylvania. 
 
 To allow a citizen to be surrendered under a requisition and 
 taken to another State as a criminal upon so slight founda- 
 tion for accusation as in this case, would, it seems to me, be 
 very improper ; and hence, with all due respect for your 
 Excellency, and the great State of which you are the Executive, 
 the application is declined. 
 
 Yours very truly, 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 84, Relating to Public 
 
 Instruction. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ( 
 Albany, March 22, 1880. \ 
 To the Assembly: 
 
 Assembly bill No. 84, entitled "An act to amend chapter 
 five hundred and fifty-five of the laws of eighteen hundred 
 and sixty-four, entitled ' An act to revise and consolidate the 
 general acts relating to public instruction,'" is herewith 
 returned without approval. 
 
 The present law, provides that the County Treasurer shall 
 pay to the trustees of school districts the amount of taxes 
 returned as uncoUectable. The amendment proposed by this 
 bill provides that the money shall be paid by the treasurer 
 to the collector of the district on the written order of the 
 trustees. As the trustees are the proper custodians of the 
 money, it seems to me that the change proposed is not wise. 
 
 ALONZO B. CORNELL. 
 
28 Public Papers of Goveenoe Coewell. 
 
 Veto, Assembly Bill No. 39, Amending the Game Law. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ^ 
 Albany, March 29, 1880. f 
 To the Assembly: 
 
 Assembly bill No. 39, entitled "An act to release all that 
 part of the waters of Lake Ontario, together with its bays 
 and inlets, in the county of Jefferson, and in that part of 
 Oswego county lying between its Jeiferson county line and 
 the western line of the town of Mexico, saving and excepting 
 Henderson harbor and bay and within one-half mile of the 
 outlet or mouth of Salmon river, from the operation of the 
 provisions of sections twenty-three and twenty-six of chapter 
 534 of the laws of eighteen hundred and seventy-nine, enti- 
 tled ' An act for the preservation of moose, wild deer, birds, 
 fish and other game,' " is herewith returned without ap- 
 proval. 
 
 The preservation of game and fish has been for many years 
 a perplexing subject of legislation. The last Legislature 
 enacted a carefully prepared and comprehensive statute to 
 supersede the many and conflicting laws then in force, which 
 was intended as a relief from the constantly recurring de- 
 mands for special legislation in this respect. 
 
 Tlie object of this bill is to release a limited portion of the 
 waters of Lake Ontario from the operation of that act. If 
 there be any reason for exempting this section there are 
 probably equally good reasons for the exemption of other 
 localities; and it may be expected, should this bill take 
 effect, that it will prove only the forerunner of others of 
 like character. If the present law is not satisfactory it 
 should be made so by some, general amendment, or repealed 
 altogether. To begin now by releasing one or more localities 
 from its provisions would, in my opinion, be unwise and 
 impolitic. 
 
 ALONZO B. COENELL. 
 
Public Papeks of Govebnok Cornell. 29 
 
 In the Matter op Charges against James P. Sinnott, 
 Justice oe the Marine Court, New York City, No- 
 tice Thereof. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, | 
 Albany, April 2, 1880. j 
 Sir : You are hereby informed that charges and specifica- 
 tions against you, of official impropriety and misconduct, have 
 been filed with me, which, if not satisfactorily answered, it 
 will be my constitutional duty to present to the Senate for 
 its action. 
 
 A copy of the same is herewith enclosed, to which you are 
 requested to furnish me an answer on or before Saturday the 
 10th instant. • 
 Please notify me immediately by telegraph of the receipt of 
 
 this communication. 
 
 Yours respectfully, 
 
 ALONZO B. CORNELL. 
 
 Honorable James P. Sinnott, Justice of the Marine Court, 
 New York City. 
 
 Order of Supersedure, Building Superintendent of 
 the Hudson River Hospital. 
 
 STATE OP NEW YORK : 
 
 Executive Chamber, i 
 Albany, April 5, 1880. j 
 
 Sir : The Board of Managers of the H-adson River State 
 Hospital having informed me that no building is contempla- 
 ted during the current year, and, therefore, there will be no 
 occasion for the continued services of the BuUding Superin- 
 tendent, you are hereby removed from the office of Build- 
 ing Superintendent of the Hudson River Hospital for the 
 
30 Public Papers of Goveenor Cornell. 
 
 Insane, to take effect on the fifteenth day of April, 1880, 
 pursuant to chapter 264, laws of 1875. 
 
 Yery respectfully, 
 
 ALONZO B. COKJSTELL. 
 To James S. Post, Esq., Building Superintendent of the 
 Hudson River Hospital for the Insane, PoughTceepsie, 
 N. T. 
 
 Statement with Refeeence to Approval of Senate Bill 
 No. 114, New York and Brooklyn Bridge. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, Ap'ril 7, 1880. \ 
 
 [Filed with the Secretary of State.] 
 
 Memorandum filed with Senate Mil No. 114, to provide for 
 the ^completion and opening for public travel of the New 
 York and Brooklyn bridge, and to authorize the sale and 
 conveyance of certain gores and pieces of land by the 
 trustees thereof. 
 
 Careful consideration, and the representations of the Mayors 
 and Comptrollers of the cities of New Y''ork and Brooklyn, 
 convince me that this bill should become a law, whereas if it 
 were a new question, it could not receive my approval. 
 Under legislation in various ryears since 1867, the construction 
 of this bridge has proceeded until $12,400,000 have already 
 been expended upon it, which would be worse than wasted if 
 the bridge be not completed. It is represented to me that, of 
 the $2,250,000 appropriated by this bill to complete and open 
 the bridge for traffic, about $1,000,000 are required to complete 
 contracts made during the past year, which, owing to the 
 subsequent advance in the price of material, could not now 
 be placed at less than fifty per cent advance, and that the Com- 
 missioners must have the means in hand before the first of 
 
Public Papebs of Governoe Coenell. 31 
 
 May, proximo,. to enable them to hold these contracts. In the 
 
 belief, therefore, that the public interests of the two cities wiU 
 
 be promoted by this additional investment, my approval to 
 
 the bill has been given. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill ISTo. 13, iNCRBAsmG JSTotaeies Public. 
 
 STATE OF NEW YORK : 
 
 Executive Cha 
 Albany, April 8, 1880. 
 
 Executive Chambee, i 
 
 To the Assembly: 
 
 Assembly bill No. 13, entitled "An act to provide for the 
 appointment of additional Notaries Public," is herewith 
 returned without approval. 
 
 Existing laws provide for the appointment of 11,674 of 
 these officers in the State, being an average of 91 for each 
 assembly district, which, in my opinion, is more than suffi- 
 cient for the convenience of the people. It is impossible even 
 now to give adequate attention to the fitness and qualifica- 
 tions of persons proposed for appointment as notaries pub^ 
 lie, and it is my belief that the number should be diminished 
 rather than increased. 
 
 ALONZO B. CORNELL. 
 
32 Public Papees of Governor Cornell. 
 
 Statement with Refeeence to Appeoval of Assembly Bill 
 No. 312, FOE THE Relief of (Sleeks and Assistant Cleeks 
 
 OF DiSTEICT COUETS IN NeW YoEK CiTT. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, April 10, 1880. [ 
 
 [Filed with the Secretary of Btate.] 
 
 Memorandum filed witJi Assembly Mil No. 312, entitled 
 ''An act for the relief of persons who performed the 
 dntles of Clerks and Assistant ClerJcs of district courts 
 in the city of Neio York, in the year 1876." 
 A bill similar in its object having been vetoed by my prede- 
 cessor, under date of March 19, 1877, has caused me to give 
 especial attention to the propriety of this bill becoming a law. 
 The persons for whose benefit relief is sought were ap- 
 pointed clerks and assistant clerks by Justices of District 
 Courts in the city of New York, in January, 1876, under 
 chapter 438 of the laws of 1872. They entered upon the 
 discharge of their duties and devoted their time to the ser- 
 vice of the city. There appears no doubt that the Justices 
 in making the appointments, and the clerks in accepting the 
 same, were sincere in their belief as to the validity of their 
 action. The legality of the appointments was contested by 
 the previous incumbents in an appeal to the courts, which 
 resulted, in the first instance, by judgment of the Court of 
 Common Pleas, in favor of the appointees. This verdict, 
 however, was reversed by the General Term, and the reversal 
 was finally affirmed by the Court of Appeals, thus restoring 
 the previous incumbents to their places. The litigation cov- 
 ered nearly or quite the whole of the year 1876, during 
 which period the duties were performed by the new ap- 
 pointeep ; but under the final judgment of the courts the 
 salaries were of course, paid to their contestants. 
 
Public Papers of Governor Cornell. 33 
 
 It is admitted that these persons are unable to maintain 
 an action against the city for their services, and hence it 
 may be said they have no "legal standing as claimants for 
 compensation. It is certain, however, that the Legislature 
 and the courts have repeatedly provided for the payment of 
 equitable claims which could not be sustained as legal obli- 
 gations. 
 
 Chapters 275 and 300 of the laws of 1876, approved by 
 Governor Tilden, and granting relief respectively to Cornelius 
 Flynn and Patrick McCabe, are identical in purpose with this 
 bill. Both persons named had been appointed assistant 
 clerks of District Courts in the city of New York, under the 
 same act precisely, as those claiming compensation in this 
 case, and deposed under similar circumstances. 
 
 The Court of Appeals, September, 1855, in the case of 
 the town of Guilford against the Board of Supervisors of 
 Chenango county, declared, in an opinion by Judge Denio, 
 that "the Legislature has power to levy a tax upon the tax- 
 able property of a toMTi and appropriate the same to the 
 payment of a claim made by an individual against the town. 
 Nor is it a valid objection to the exercise of such power that 
 the claim to satisfy which the tax is levied is not recoverable 
 by action against the town. ' ' 
 
 In the same court, in January, 1874, in the case of the 
 town of Duanesburgh versus Jenkins, Judge Johnson says : 
 "A town is, as to the powers it shall possess and the func- 
 tions it shaU perform, the creature of the legislative will. 
 * * * The power to impose special burdens upon 
 localities, and to determine the cases in which it is suitable 
 to impose them, belongs to the law-making power." 
 
 The same court, at the same term, in the case of the People 
 ex rel. Williams versus Dayton, by Judge Andrews, declared, 
 "Nor is the Legislature restricted in granting relief to such 
 grounds as would be requisite to maintain an action against 
 
34 Public Papers o? Goveri^ok Cornell. 
 
 an individual in courts of jiistice. Many other considerations 
 may and often should be considered in the dealings of a State 
 with its citizens. ' ' 
 
 It being clear that the persons to whom relief is granted 
 by this bill were de facto clerks, and as such performed all 
 the functions, their title to office also affirmed in the outset 
 by a decision of the Court of Common Pleas, there can be no 
 reasonable question of an equitable claim for their services. 
 The legislative precedents cited, and the several declarations 
 of the highest court in the State as to the power of the Legis- 
 lature to grant relief in equity cases, Justify, in my opinion, 
 
 the approval of this bill. 
 
 ALONZO B. CORISrELL. 
 
 In the Mattek of Ohaeges against James P. Sinnott, Justice 
 OF the Maeine Couet, City of New Toek FaETiiEE State- 
 ments IN Answer Requested. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, April 10, 1880. f 
 Sir: Your answer, under date of the 8th instant, to the 
 charges and specifications of the Association of the Bar of 
 New York, denying the truth thereof, which has just been 
 received, is not satisfactory, in that it does not atten)pt to 
 answer or explain the specifications submitted. 
 
 You are therefore, requested to furnish me on or before 
 Saturday, the 17th instant, any affidavits, in duplicate, of 
 yourself or other persons, which you may desire to submit in 
 answer to any of the specifications, in order that the merits 
 of the case and the propriety of submitting the charges to the 
 Senate, may be speedily determined. 
 
 Yours very respectfully, 
 
 ALONZO B. CORNELL. 
 Honorable James P. Sinnott, Justice of the Marine Court, 
 New York Citij. 
 
Public Papers of Governor Cornell. 35 
 
 In the Matter of Chahges against Judge James P. SiNNorr. 
 Peoof to Substantiate Same Requested. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ] 
 Albany, April 10, 1880. ( 
 Sir : The charges and specifications preferred by the Asso- 
 ciation of the Bar of the city of New York against James P. 
 Sinnott, Justice of the Marine Court, having been submitted 
 to him, he denies, under the sanctity of his official oath, each 
 and every of the said charges and specifications, and affirms 
 that the same are in "eacli and every part and particular 
 utterly false and destitute of any element of truth. 
 
 You are therefore requested to f tirnish me at your earliest 
 convenience the affidavits in duplicate, of such witnesses 
 as may be available for the purpose of substantiating the 
 charges and specifications, in order that the question of pre- 
 senting the case to the Senate with recommendation of re- 
 moval, Toaay be speedily determined. 
 
 Yours very respectfully, 
 
 ALOJSrZO B. CORNELL. 
 To the Honorable S. P Nash, President of the Associaiioit 
 of the Bar of the City of New YorJc. 
 
 Memoeandum Filed with Senate Bill Making Appeopeiation 
 FOE the New Capitol. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, i 
 Albany, April 20, 1880. f 
 
 [Filed witli the Secretary of State.] 
 
 Memorandum filed with Senate Mil No. 139, entitled, ^^ An 
 act making an appropriation to continue the work on the 
 New (JapUol building.'" 
 This bill, appropriating $1,500,000 for the continuation of 
 
 work on the Capitol, has been retained in my hands the full 
 
36 Public Papers of Governor Cornell. 
 
 constitutional period, in order that opportunity might be 
 given for any expression of opposition to the measure. Not 
 a word of disapproval has reached me from any source. My 
 own view in reference to the continuation of this work was 
 stated in the annual message, and it was hoped that provision 
 would be made to submit a proposition to the people for a 
 loan to complete the edifice. The Legislature, however, in 
 its wisdom, has determined that the necessary funds should 
 be provided by taxation. As no alternative remains for me 
 but to approve or disapprove this bill, the former course is 
 adopted in the belief that the best interests of the State 
 require the early completion of the Capitol. 
 
 ALONZO B. CORNELL. 
 
 Report op Comptroller on the Binghamton Asylum, 
 Recommending Removal oe the Trustees Thereof. 
 
 STATE OF NEW YORK: 
 
 Comptroi-ler's Office, t 
 Albany, April 23, 1880. \ 
 
 To His Excellency A. B. Cornell: 
 
 Sir : The very large appropriations asked for by the Trus- 
 tees of the Binghamton Asylum for the Chronic Insane, 
 greatly in excess of the sum originally thought sufficient to 
 make the necessary alterations in the Inebriate Asylum 
 building, to fit it for its new uses, having attracted my atten- 
 tion, I requested Mr. Letchworth, President of the State 
 Board of Charities, and Mr. Gallien, the Deputy Comp- 
 troller, to proceed to Binghamton and make an examination 
 of the expenditures of said Board. I have the honor to sub- 
 mit their report. 
 
 I have carefully considered the facts therein mentioned 
 and have arrived at the following conclusions : 
 
Public Papers of Goveenob CoRisrELL. 37 
 
 1st. The Trustees have violated the law in that they have 
 departed materially from the plans approved by the State 
 Board of Charities, and have neglected to submit for ap- 
 proval other plans, specifications and estimates involving 
 large expenditures. [Sec. 5, chap. 280, Laws of 1879. 
 
 2d. They have violated the law in that they did not 
 do the work by contract, but did do a great part of it by 
 day's work. [Sec. 5, chap. 280, Laws of 1879. 
 
 3d. They have violated the law in that they have expended 
 largely in excess of the original appropriation, and have con- 
 tracted for work in anticipation of an appropriation. [Sec. 
 5, chap. 280, Laws of 1879, and chap. 192, Laws of 1876, page 
 180. 
 
 4th. They have violated the law in that they have agreed 
 by resolution to pay the architect and building superintend- 
 ent in excess of the $6 per day, provided by the statute. 
 [Sec. 5, chap. 280, Laws of 1879. 
 
 5th. The report shows very conclusively that the entire 
 management has been careless, negligent, and of an exceed- 
 ingly extravagant nature ; an economical disbursement of the 
 State's moneys seemingly being lost sight of entirely. It is 
 intended gradually to enlarge the Binghamton Asylum to the 
 capacity of 1,500 inmates. Large amounts of money must 
 annually be expended to accomplish that end. An econom- 
 ical and judicious application of these sums rests entirely 
 upon the careful management of the Trustees. In fact,, the 
 whole financial success of the institution depends upon them. 
 
 In view of the facts brought out in the joint report of Mr. 
 Letchworth and Mr. Gallien, I do not see how the future suc- 
 cess of the institution can be attained under the present man- 
 agement. I therefore recommend the removal of the Trustees 
 appointed by virtue of chapter 280, Laws of 1879. 
 
 With great respect, 
 
 (Signed) J. W. WADSWORTH, Comptroller. 
 
;^S PuBiiic Papers of Governor Cornell. 
 
 Special Message Recommending Removal of the Teustees. 
 
 'state of new YORK : 
 
 Executive Chamber, i 
 Albany, April 28, 1880. ( 
 To the Senate : 
 
 Your attention is respectfully called to the accompanying 
 letter of the Comptroller charging Alvin Devereux, "William 
 S. Smith, Edward D. Van Slyck, Garvis Prince, William E. 
 Knight, Samuel D. Halliday, Rodney A. Ford, Erastus Ross, 
 and Frederick 0. Cable, as Trustees of the Binghamton 
 Asylum for the Chronic Insane, appointed pursuant to chap- 
 ter 280 of the Laws of 1879, with violations of law and exti-av- 
 agance in the management of the official trust confided to 
 them, in the manner and instances set forth and specified 
 therein. The report of the Deputy Comptroller and President 
 of the State Board of Charities in reference to the same sub- 
 ject is also herewith submitted. 
 
 Assuming from the official reports above mentioned that the 
 charges referred to are true, you are hereby recommended to 
 remove the said Alvin Devereux, William S. Smith, Edward 
 D. Van Slyck, Garvis Prince, William E. Knight, Samuel D. 
 Halliday, Rodney A. Ford, Erastus Ross and Frederick 0. 
 Cable as Trustees of the said asylum. 
 
 ALONZO B. CORNELL. 
 
 Veto, Senate Bill No. 35, Prohibitinr Construction 
 OF Buildings of Combustible Material in Certain 
 Streets of New York City. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, . ) 
 
 Albany, May 3, 1880. ( 
 To the Senate : 
 
 Senate bill No. 35, entitled "An act to prohibit the con- 
 struction of buildings of wood or other combustible materials 
 
Public Papers of Governor Cornell. 39 
 
 in a certain portion of the city of New York, is herewith re- 
 turned without approval. 
 
 This bill provides that " no exterior bearing wall or roof 
 of any dwelling house or other building " hereafter erected 
 in the city of New York, west of Eighth avenue, between 
 Fifty-ninth and One Hundred and Twenty-fifth streets. 
 "shall be constructed in whole or in part of wood or other 
 combustible material." The probable intent is that the 
 outer walls and covering of the roofs shall not be of wood 
 or other combustible material. Unfortunately, however, the 
 language employed does not clearly express this meaning, 
 and is, therefore, capable of diiferent interpretation. In a 
 measure which so seriously affects private rights for the pub- 
 lic good as the bill under consideration, especial care should 
 be taken to clothe the enactment in plain and unmistakable 
 language which will not require judicial decision to deter- 
 mine its meaning, otherwise the citizen will be rendered liable 
 to imposition and annoyance from the unreasonable exactions 
 
 of petty officials. 
 
 ALONZO B. CORNELL. 
 
 Veto, Senate Bill No. 247, Relating to the Assess- 
 ment AND Collection oe Taxes. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, May 4, 1880. \ 
 To the Senate: 
 
 Senate bill No. 247, entitled "An act to amend chapter 37 
 of the laws of 1855, entitled ' An act amendatory of the acts 
 for the assessment and collection of taxes,' " is herewith 
 returned without approval. 
 
 The necessity of a revision of the laws for the assessment 
 and collection of the public revenue is fully appreciated, and 
 
40 Public Papers of Goveewoe Coenell. 
 
 it is my sincere desire to co-operate with the Legislature in 
 maturing any measure which will insure a more equitable 
 distribution of the burden of taxation. The present bill 
 would not, in my opinion, promote this object. On the con- 
 trary, it would fail to produce any material revenue, and 
 would tend to drive from the State a large amount of capital 
 which, in times of financial stress, is sent here for temporary 
 use, thereby giving great relief to the borrowing classes and 
 affording additional facilities for commercial transactions. 
 Our great metropolis has become one of the principal financial 
 centres of the world, and within a few years has attracted 
 vast amounts of capital from other countries, the use of which 
 has to a great extent modified the rate of interest in the State. 
 Were this bill to become a law, the first result would be to 
 deprive our people of the benefits derived from the influx 
 of this foreign capital, which would seek other markets and 
 thus increase the commercial facilities of rival cities. 
 
 ALONZO B. CORNELL. 
 
 "Veto, Assembly Bill No. 237, foe the Peeseevation 
 OF Pish in Loon Lake. 
 
 STATE OF NEW YORK : 
 
 Executive Chambee, i 
 
 Albany, May 10, 1880. \ 
 To the Assemily : 
 
 Assembly bill No. 237, entitled "An act for the preserva- 
 tion of fish in the waters of Loon lake, in the county- of 
 Steuben," is herewith returned without approval. 
 
 The object sought to be attained by this bill seems to be 
 already abundantly provided for by chapter 534 of the laws 
 of 1879. If any remedy is necessaiy beyond what that stat- 
 ute furnishes, the Board of Supervisors of Steuben county 
 is authorized by chapter 482 of the laws of 1875, to provide it. 
 
Public Papers of (tovernoe Cornell. 41 
 
 The Constitution provides against certain specific local 
 legislation, and then declares that "the Legislature shall 
 pass general laws providing for the cases enumerated in this 
 section, and for all other cases which in its judgment may 
 be provided for by general laws." The Legislature has, in 
 obedience to this injunction, enacted very complete and 
 effective general laws for the preservation of fish and game, 
 and it would seem to be antagonistic to the spirit of the Con- 
 stitution to fill up the statute books with local laws on the 
 same subject. 
 
 ALONZO B. COENELL. 
 
 Veto, Assembly Bill, Relative to Railed a.d in "Watee Steeet, 
 
 Beookltn. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, May 14, 1880. j 
 To the Assembly : 
 
 Assembly bill, not printed, entitled ' ' An act to prohibit the 
 Mayor and Common Council of the city of Brooklyn from 
 authorizing any railroad corporation to construct its road 
 upon ffny portion of Water street in said city,* not named in 
 the charter of such railroad corporation, ' ' is herewith returned 
 without approval. 
 
 The object of this bill is to take from the Mayor and Com- 
 mon Council of the City of Brooklyn authority vested in them 
 by chapter 585 oi the Laws of 1874, to change the route of the 
 elevated railway created by that act, to streets which they 
 should deem more suitable for carrying out the objects con- 
 templated therein. The consideration of a change of the 
 route is now pending in the Common Council, and it cannot be 
 doubted that the members of that body are quite competent 
 to deal with the question intelligently. They have full oppor- 
 tunity to examine the subject in all of its details, and should 
 6 
 
42 Public Papers of Goveknor Cornell. 
 
 be permitted to act upon it according to the merits of all 
 interests involved. The case would be very different if the 
 Common Council had not already proceeded to act under the 
 existing authority. If it were merely a question of changing 
 the conditions under which the Mayor and Common Council 
 might act, before taking cognizance of the matter, there 
 could perhaps, be no serious objection to the proposition. In 
 view of the present circumstances, however, it seems to me that 
 interference with the' pending action of the local authorities is 
 wholly unwarranted. 
 
 ALONZO B. CORNELL. 
 
 Special Message Announcing the Death of the Honoeable 
 Sanfoed E Chuech, Chief Judge of the Court of Appeals. 
 
 STATE OP NEW YOEK : 
 
 Executive Chamber, > 
 Albany, May 17, 1880. [ 
 To the Legislature : 
 
 It is my painful duty to announce to the Legislature the 
 death of the Chief Judge of the Court of Appeals. On Fri- 
 day, the 14th instant, at his home in the village of Albion, 
 Sanford E. Church passed from this life, without hote or 
 warning. Almost in the twinkling of an eye the strong 
 man was summoned while in active discharge of his judicial 
 duties, into the presence of his Maker, the Great Judge of 
 all. The tidings of his death have been everywhere received 
 by the people with profoundest sorrow. Expressions denot- 
 ing a deep sense of the great loss that has befallen the State 
 are universal and unchallenged. 
 
 For nearly forty years Judge Church has been a conspicu- 
 ous figure in the public affairs of the State. Possessing 
 superior ability and untiring devotion to duty, combined 
 with high character and unquestioned integrity, he early 
 sscured the confidence of the people, and maintained it 
 
Public Papeks of Governor Cornell., 43 
 
 throughout his long and eventfixl career. Positive, fearless 
 and consistent in his political course, and faithful to those 
 who shared his views, he merited and enjoyed the favor of 
 his party in a remarkable degree. In official service his 
 record is an enviable one. As Member of the Assembly, 
 District-Attorney, Lieutenant-Governor, Comptroller, Mem- 
 ber of the Constitutional Convention, and Chief Judge of 
 the Court of Appeals, he acquitted himself with unusual 
 credit. In every capacity or association he uniformly proved 
 himself to be a leader of men. At the bar, in the councils 
 of his party, and in all deliberative bodies, he occupied a 
 place in the front rank, wielding an influence inferior to 
 none, and equalled by few. In social life, . his genial manners 
 made him always a welcome guest, while the purity of his 
 private life, and the happiness of his domestic relations, 
 present a symmetry of character and an example worthy of 
 emulation. 
 
 Called by the people to preside over our highest court just 
 ten years ago to-day. Judge Church discharged his great 
 trust with eminent success and fidelity. His former parti- 
 sanship caused him, perhaps, in the beginning, to be dis- 
 • trusted by many of opposite political opinions ; but his 
 impartiality and patriotic bearing soon dispelled every 
 doubt. And it can now be truthfully said that never in the 
 history of our State has the Appellate Court enjoyed the 
 confidence of the people in a higher degree than during 
 the period of his service as the presiding Judge. 
 
 The awful suddenness with which this distinguished career 
 has been arrested furnishes an admonition which we may well 
 heed. By this mysterious dispensation of Providence should 
 we not be warned again of the uncertainty of life 'i Although 
 sudden deaths are of almost daily occurrence, it is only when 
 a prominent life is thus removed that we pause for contem- 
 plation. Seldom is the nearness of the dread messenger so 
 
44 Public Papees of Govebnor Cornell. 
 
 forcibly illustrated as in this instance. In a single hour this 
 learned man, devoting Ms mind to the solution of legal 
 questions, is changed into inanimate clay ! A happy family, 
 secure in the affections of a kind hiisband and fond parent, 
 is plunged into the deepest aifliction and bereavement ! 
 
 Believing that the eminent character and distinguished 
 public services of this statesman and jurist render Ms mem- 
 ory worthy of especial consideration, you are recommended 
 to take such action as shall seem appropriate, and to make 
 suitable record of the appreciation by a grateful people, of 
 the devoted and intelligent labors of a faithful public servant. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assemblv Bill No. 332, REL\TiJsrG to Eighteen 
 
 Mile Creek. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, May 24, 1880. f 
 To the Assembly : 
 
 Assembly bill No. 332, entitled "An act authorizing the 
 enlargement of the west branch of the Eighteen Mile creek, 
 north of the Erie canal, in the county of Niagara, so as to 
 can-y off" the surplus waters of the Erie canal, and to prevent 
 the overflow of lands adjacent thei'eto, and appropriating 
 money for that purpose," is herewith returned without ap- 
 proval. 
 
 This bill proposes to authorize the Superintendent of Pub- 
 lic Works to enlarge the west branch of the Eighteen Mile 
 creek near Lockport, to enable it to discharge the surplus 
 waters of the Erie canal and prevent the overflow of lands 
 lying adjacent thereto. The bill makes an appropriation 
 of six thousand dollars to pay the expense of the proposed 
 work. 
 
Public Papers of Goveenoe Coenell. 45 
 
 Since the bill has been in my hands, the Superintendent of 
 Public Works has at nay request, personally visited and care- 
 fully inspected the locality named, to enable him to determine 
 as to the necessity of the proposed improvement. He ex- 
 presses the opinion that the work is unnecessary, and that the 
 State cannot properly be called upon to make an expenditure 
 for the piTrpose indicated. 
 
 It is, therefore, my opinion, that the bill should not 
 become a law. 
 
 ALONZO B. CORNELL. 
 
 Veto, Senate Bill No. 396, in Regard to Maekets in 
 THE City of New Yoek. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, May 25, 1880. \ 
 Senate bill. No. 396, entitled "An act in regard to 
 markets in the city of New York," and to provide for the re- 
 building of the same, is herewith returned without appro-sal. 
 The Mayor of the city of New York, the Comptroller and 
 Dock Commissioners, urgently express themselves in opposi- 
 tion to the provisions of this bill. It is also opposed by a 
 , large number of prominent citizens who urge that the moder- 
 ate expenditure authorized is but the beginning of a work 
 which will require much larger sums hereafter to complete it. 
 In view of the fact that every public officer of the city, who 
 has made any representation on the subject, has condemned 
 the bill, it seems to me that it should not become a law. If the 
 j)roi)osition has the merit which its friends claim for it, no 
 harm will be done by postponing its consideration until some 
 future day, when it may be acted upon with more intelligence 
 than at present. 
 
 ALONZO B. CORNELL. 
 
46 Public Papebs of Governor Cornell. 
 
 Memorandum Filed with Bill for Raising Taxes upon 
 Certain Corporations. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, June 1, 1880. \ 
 
 [Mled witli the Secretary of State.] 
 
 MemoranduTn filed with Assembly Mil No. 521, entitled '■'■An 
 act to provide for raising taxes for the use of the State 
 upon certain corporations., joint stocTc comparvles and 
 associations.'''' 
 
 Tkis bill is approved, although, it is feared that for want of 
 perfect and comprehensive provisions it may fail to accom- 
 plish all that it was evidently intended to do. The exemp- 
 tion of street railroads from taxation is wrong and unjustifi- 
 able ; but this is not deemed of sufficient importance to war- 
 rant the withholding of my approval. It should be remedied 
 by the next Legislature. 
 
 ALOJSrZO B. CORNELL. 
 
 Memorandum with Bill Amending Charter of the 
 City of Brooklyn. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, June 4, 1880. [ 
 
 [Piled witli the Secretary of State.] 
 
 Memorandum filed with Assembly bill No. 472, entitled 
 "An act to amend chapter six hundred and sixty -three 
 of the laws of 1875, entitled ' An act to amend the char- 
 ter of the city of Brooklyn, being the act for that pur- 
 
 ' pose passed June 28th, 1873, and the act for that purpose 
 passed Jtme 1st, 1874.' '' 
 
 This bill is unfortunate in form, and has been approved 
 with great reluctance for that reason. In its reference to 
 
Public Papers of Goveenoe Cornell. 47 
 
 the act which it amends, the phrase "subdivision" is used 
 in several places, when it is evident that the word "section" 
 should have been used. Careful comparison with the act 
 amended renders it clear, however, as to what was the in- 
 tention of the Legislature. The object of the bill seems mer- 
 itorious ; and it is, therefore, approved in the belief that 
 it will improve the administration of the health depart- 
 ment of Brooklyn. 
 
 ALONZO B. CORNELL. 
 
 Memorandum oe Ob.jections to Certain Items in the 
 Bill Making Appropriations for the Canals. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 Albany, June 7, 1880. f 
 
 Statement of items of appropriation objected to and not ap- 
 proved, contained in Assembly bill No. 511, entitled '^ An 
 act making an appropriation to pay the expenses of the 
 collection of tolls, superintendence, ordinary repairs and 
 maintenance of the canals for the fiscal year, commencing 
 on the first day of October, eighteen hundred and eighty, 
 a,nd to provide for a contingent deficiency in the revenues 
 of the canals for the calendar year eighteen hundred 
 and eighty. 
 
 Each and every of the several items herein enumerated, 
 contained in Assembly bill No. 577, entitled "An act making 
 an appropriation to pay the expenses of the collection of 
 tolls, superintendence, ordinary repairs and maintenance 
 of the canals for the fiscal year, commencing on the first 
 day of October, eighteen hundred and eighty," etc., are 
 objected to, and not approved, for reasons stated below. 
 
 "Authority is hereby conferred upon tlie Superintendent of Public Worljs to 
 expend out of the sum apportioned for the payment of the expenses of locii-tend- 
 ing and the ordinary repairs of the canals, the following sums for the purposes 
 
48 Public Papers of Governor Cornell. 
 
 herein designated, and all or any part thereof remaining unexpended, may he 
 applied by him in his discretion to the ordinary repairs of the canals : 
 
 For dredging out the Ohio basin, in the city of Buffalo, the sum of nine thous- 
 and dollars, or so much thereof as may be necessary. 
 
 For dredging out the Erie basin, in the city of Buffalo, the sum of ten thousand 
 dollars, or so much thereof as may be necessary. 
 
 For perfecting the culvert under the Erie canal, at Brockport, sufiScient to carry 
 off the surplus water in time of fiood, one thousand dollars, or so much thereof 
 as may be necessary. 
 
 For opening, straightening and cleaning out the channel of the Eighteen Mile 
 creek, which carries ofE the surplus waters of the Erie canal by culvert and waste- 
 weir, near Mabee's, in the town of Royalton, Niagara county, the sum of three 
 thousand dollars, or so much thereof as may be necessary. 
 
 To pay an award by the Canal Appraisers on the nineteenth day of March, 
 eighteen hundred and eighty, in favor of Harriet Jenkins, the sum of seven 
 hundred and twenty-tive dollars and fifty-five cents is hereby appropriated, pay- 
 able on the warrant of the Auditor, out of any unexpended moneys in the treas- 
 ury, belonging to the canal fund and applicable therefor. 
 
 For excavating a ditch on the berm side of the Erie canal, between the first 
 culvert east of Jordan, and the culvert near the Shanty Point bridge, the sum of 
 eight hundred dollars, or so much thereof as may be necessary. 
 
 For cleaning out the State ditches in the northern part of the town of Amherst, 
 Erie county, between the Eighteen Mile creek and Tonawanda creek, the sum of 
 five thousand dollars, or so much thereof as may be necessary. 
 
 For the construction of a swing, hoist, or turn-table bridge, over the Oswego 
 canal, in the city of Syracuse, on Salina street, at its intersection with Bridge 
 street, in place of the bridge now over said canal at that point, which was author- 
 ized by chapter three hundred and eighty-two of the laws of eighteen hundred 
 and seventy-four, the sum of twelve thousand dollars, or so much thereof as may 
 . be necessary. 
 
 For extending sewer under the Erie canal and to Squaw island, at Black Rock, 
 in tlie city of Buffalo, according to plans and specifications of the State Engineer 
 and Surveyor, the sum of twenty thousand dollars, or so much thereof as may be 
 necessary. 
 
 For cleaning out, excavating the bottom, repairing the banks and dam, and for 
 deepening the channel at such points as may be deemed necessary by the Super- 
 intendent of Public Works, of the Tonawanda dam and feeder, to the Erie canal, 
 in the county of Orleans, the sum of four thousand dollars, or so much thereof as 
 may be necessary. 
 
 For raising and repairing road bed, in the town of Fort Ann, pursuant to 
 chapter five hundred and forty-four of the laws of eighteen hundred aud seventy, 
 the sum of fifteen hundred dollars, or so much thereof as may be necessary. 
 
 For the drainage of lands belonging to Isaac U. Cole, situate in the town 
 of Murray, Orleans county, near McGuire's bridge ; the drainage of which is cut 
 off by the Erie canal, by cleaning out and extending a ditch made by the State for 
 such drainage or by such other method for drainage, the same as the Superin- 
 
Public Papers of Governor Cornell. 49 
 
 tendent of Public Works may deem best, the sum of one thousand dollars, or so 
 much thereof as may be necessary. 
 
 The unexpended balance of the sum appropriated by chapter four hundred and 
 thirty-six of the laws of eighteen hundred and seventy-nine, being the sum 
 of seven thousand seven hundred and ten dollars and twenty-eight cents, to be 
 applied as follows : For building a dam across Beaver river and across Inde- 
 pendence river. The balance of said sum to be expended in the discretion of the 
 Superintendent of Public Works, in restoring to the Black river its natural 
 supply of water, and for the improvement of the navigation and for the benefit of 
 the Black river canal. 
 
 All of the several items above enumerated are objected to, 
 and not approved, for the reason that the Superintendent 
 of Public Works already possesses abundant authority of 
 law for all expenditures for the canals which can be made 
 in conformity with the Constitution. If any of the objects 
 named in these several items are legitimate charges against 
 the .canal funds, they can be provided for by the Superin- 
 tendent without the enactment of the discretionary authority 
 above given. If they do not come within this category, the 
 items should not be incorporated in the law. 
 
 ALONZO B. COmSTELL. 
 
 Memorandum of Objections Accompanying the Sup- 
 ply Bill. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, June 7, 1880. \ 
 Statement of items of appropriation, objected to and not approved, 
 contained in Assembly bill No. 460, entitled "^j? act making 
 appropriations for certain expenses of government and supply- 
 ing deficiencies informer appropriationr.'''' 
 The several items herein enumerated, contained in Assem- 
 bly bill No. 460, entitled "An act making appropriations for 
 certain expenses of government and supplying deficiencies in 
 7 
 
50 Public Papees of Goveenoe Coenell. 
 
 former appropriations," are objected to, and not approved 
 for reasons hereinafter stated : 
 
 For the commissioners of fislieries, tn, be expended as they may deem proper, 
 upon vouchers to be approved by the Comptroller, for the purpose of replenish- 
 ing the lakes and rivers of this State with fish, the sum of fifteen thousand dollars. 
 
 This item is objected to, and not approved, for the I'eason 
 that in my opinion abundant provision has already been 
 made for the purpose indicated. Appropriations for re- 
 stocking the waters of the State with fish have been made 
 heretofore, as follows : 
 
 1868 ^1,000 
 
 1869 10,250 
 
 1870 15,000 
 
 1871 15,000 
 
 1872 15,000 
 
 1873 ; 15,000 
 
 1874 10,000 
 
 1875 : 15,000 
 
 1876 15,000 
 
 1877 16,000 
 
 1878 15,000 
 
 1879 15,000 
 
 Total $156,250 
 
 It will thus be seen that appropriations for this object, 
 which were evidently intended in the beginning as tempo- 
 la-ry, have become chronic, and unless interrupted, are likely 
 to become permanent by precedent. The present seems to be 
 a good time to suspend this expense, at least until the neces- 
 sity for its continuance shall become more apparent. 
 
 For George A. Martinus, for services as messenger to the Committees on Judi- 
 ciary and Miscellaneous Corporations of the Senate, for the session of eighteen 
 hundred and eighty, at four dollars per day, the sum of five hundred and fifty 
 dollars, or so much thereof as may be necessary. 
 
 This item is objected to, and not approved, for the reason 
 that the employes of the Legislature are regulated by chapter 
 
Public Papers of G-oyernor Cornell. 51 
 
 379 of the laws of 1879, which provides that "No additional 
 officers or employes shall be elected or appointed by the 
 Senate or Assembly" beyond those named in the act. JSTo 
 "Messenger to the Committees on Judiciary and Miscel- 
 laneous Corporations of the Saiate" is provided for, hence 
 the appointment of such an employe could not ha^-e been 
 legally made, and no appropriation should have been made 
 for this purpose. 
 
 For Edward M. Johnson, for preparing the appendix to the Clerk's Manual, 
 pursuant to resolution of the Assembly, adopted :\fay twenty-fourth, eighteen 
 hundred and seventy-seven, three hundred dollars. 
 
 This item is objected to, and not approved, for the reason 
 that it is questionable in my mind, whether the Legislature 
 is compete;it to provide for such a payment. The same item 
 was stricken out of the Supply bill in 1878 by objection of 
 the Governor, for reasons stated at length. If it is a valid 
 claim against the State it should be passed upon by the 
 Board of "Audit. 
 
 For preparing and classifying under appropriate heads for the use of the l^egis 
 lature, an index to papers on file in the Assembly from eighteen hundred and 
 seventy -three to eighteen hundred and seventy-seven inclusive, pursuant to reso- 
 lution of the Assembly adopted May twenty-fourth, eighteen hundred and seventy- 
 seven, seven hundred and fifty dollars. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the preceding item. 
 
 And for preparing under appropriate headings a complete index to the laws of 
 the State from eighteen hundred and seventy-five to eighteen hundred and 
 seventy-seven inclusive, pursuant to resolution of the Assembly adopted May 
 twenty-fourth, eighteen hundred and seventy-seven, one thousand dollars. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the preceding item. 
 
 For William H. Barker, for preparing and classifying under appropriate head- 
 ings under the direction and supervision of the Clerk of the Assembly, an index to 
 all bills presented to the Assembly and not acted on therein, from eighteen 
 hundred and seventy-three to eighteen hundred and seventy-seven, both inclusive, 
 pursuant to resolution of the Assembly adopted May twenty-fourth, eighteen 
 hundred and seventy-seven, six hundred and seventy-five dollars. 
 
 This item is objected to, and not approved, for the same 
 eason as that stated in objection to the last preceding item. 
 
52 Public Papers of Goteenor Cornell. 
 
 And for preparing and classifying under appropriate headings, under the 
 direction and supervision of the Clerk of the Assembly, a complete index to all 
 bills printed during the years eighteen hundred and seventy to eighteen hundred' 
 and seventy-seven, both inclusive, pursuant to resolution of the Assembly adopted 
 May twenty-fourth, eighteen hundred and seventy -seven, one thousand dollars. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the last preceding item. 
 
 For Henry A. Glidden, late Clerk of the Senate, for preparing a continuation of 
 the general index of documents of the Senate and Assembly, from eighteen 
 hundred and seventy to eighteen hundred and seventy -eight, and distributing the 
 same pursuant to a resolution of the Senate adopted May twenty -fourth, eighteen 
 hundred and seventy-seven, the sum of twelve hundred dollars. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the preceding item. 
 
 And for preparing an index to the journal and testimony taken before the 
 Senate on the trial of the charges against De Witt 0. Ellis, and distributing the 
 same, pursuant to a resolution of the Senate adopted August seventeenth, 
 eighteen hundred and seventy -seven, the sum of five hundred dollars. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the last preceding item. 
 
 For John W. Vrooman, for arranging the testimony, proceedings and journal 
 of the Senate, in the trial of the charges against John F. Smytli, late Superintend- 
 ent of the Insurance Department, and for preparing an index to the same, and for 
 distributing the same, pursuant to resolutions of the Senate adopted March 
 twelfth, eighteen hundred and seventy-eight, the sum of five hundred dollars. 
 
 This item is objected to, and not approved', for the same 
 reason as that stated in objection to the last preceding item. 
 
 For the Clerk of the Assembly, to pay for additional clerical services and 
 for engrossing, eleven hundreil and fifty dollars, to be paid on vouchers giving 
 the items of expenditures and receipts of the parties to whom the same may he 
 paid. 
 
 This item is objected to, and not approved, for the reason 
 that chapter 379 of the laws of 1879 declares that "no ad- 
 ditional ofiicers or employes shall be elected or appointed by 
 the Senate or Assembly," except those named in the act. No 
 such "additional clerical services" as those mentioned in 
 the item, could have been legally obtained, and hence the 
 appropriation for compensation ought not to be made. 
 
 For the clerk of the senate, to pay for additional clerical services and for 
 engrossing, five hundred dollars, to be paid on vouchers giving the items of 
 expenditures and receipts of the parties to whom the same may be paid. 
 
 This item is objected to, and not approved, for the same 
 
Public Papees of Govebwoe Coenell. 53 
 
 reason as that expressed in objection to the last preceding 
 item. 
 
 For deficiency in appropriations for maintenance of convicts sentenced to 
 penitentiaries, in pursuance of chapter one hundred and fifty-eight of the laws 
 of 1856, chapter five hundred and eighty-five of the laws of 1865, chapter six 
 hundred and sixty-seven of the laws of 1866, chapter five hundred and seventy- 
 four of the laws of 1869, chapter two hundred and forty-seven of the laws of 1874, 
 and«;hapter five hundred and seventy-one of the laws of 1875, sixteen thousand 
 dollars, or so much thereof as may he necessary. 
 
 This item is objected to, and not approved, for the reason 
 that it is deemed unwise to increase the provision already 
 made for the purpose indicated. A large number of cells in 
 the State prisons are now empty in consequence of an undue 
 proportion of felons being confined in the penitentiaries. 
 
 And for payment of certain expenses for board and rooms of Senate committee 
 appointed May twenty-second, eighteen hundred and seventy-five, to investigate 
 the departments and oflices of the government of the city of New York, seven 
 hundred and sixty-nine dollars and fifty -eight cents. 
 
 This item is objected to, and not approved, for the reason 
 that the Constitution declares that "the Legislature shall 
 neither audit nqf allow any private claim or account against 
 the State, but may appropriate money to pay such claims as 
 shall have been audited and allowed according to law." If 
 this is a valid claim against the State it should be submitted 
 to the Board of Audit for its action. 
 
 For the oflice of the Secretary of State, for carpets and other necessary oflBce 
 furniture, seven hundred dollars. 
 
 This item is objected to, and not approved, for the reason 
 that in view of the approaching completion of the New Cap- 
 itol it is deemed unwise to refurnish the apartments of the 
 Secretary of State, until the question of future occupation 
 is definitely settled. 
 
 For the office of the State Engineer and Surveyor for carpet, oil cloth and letter- 
 head die, four hundred dollars. 
 
 This item is objected to, aud not approved, for the same 
 reason as that stated in objection to the item for the office of 
 the Secretary of State. 
 
 For deficiency in appropriations for expenses of committees of investigation, to 
 defray expenses for piinting testimony and report of proceedings of the Special 
 
54 Public Papers of Governor Corxell. 
 
 Committee on Railroads, appointed under resolution of tlie Assembly of eighteen 
 hundred and seventy-nine, fifteen thousand one hundred and eighteen dollars and 
 eighty-five cents, on vouchers to be approved by the Comptroller. 
 
 This item is objected to, aiid not approved, for the reason 
 that no authority vas conferred upon the committee named 
 to contract the liability which it is proposed to pay. It is 
 believed to be a claim which the Legislature is by the Consti- 
 tution prohibited from auditing, and it should be presented 
 to the Board of Audit for its consideration. 
 
 For the traveling and incidental expenses of the committee appointed by reso- 
 lution of the Assembly, passed April twenty-eighth, eighteen himdred and' 
 seventy -nine, to represent the State of New York at the National Camp of the 
 Grand Army of the Republic, at Albany, eighteen hundred and seventy -nine, two 
 hundred and nineteen dollars and fifteen cents. 
 
 This item is objected to, and not approved, for the reason 
 that the resohition creating the committee did not authorize 
 or contemplate such an expenditure. 
 
 For deficiency in appropriations for prosecuting the State survey, from January 
 first to October first, eighteen hundred and seventy-nine, ten thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that appropriations for the State survey have been made in 
 the years 1878, 1879 and 1880. The Commissioners had no 
 authority to make expenditures or contract liabilities beyond 
 the amount of the appropriations, and no good reason exists 
 for providing for this deficiency. It seems to me desirable 
 that public ofiicers should be made to understand that they 
 mitst confine their expenditures within authorized limits. 
 
 For Mrs. Catherine Hogan, widow of Patrick Hogan, as a gratuity, in full for 
 all claims for damages for the loss by death of her said husband, who fell through 
 an opening for the elevator, .^pril twenty-fifth, 1879, while employed on the New 
 Ciapitol, and was instantly killed, the sum of one thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that if any provision is to be made in this case, it should be 
 for the benefit of the children of the deceased, instead of the 
 widow, who is not the mother of the children. 
 
 For A. T. Brando w, as a gratuity, in full for all claims for damages for injuries 
 received by him while in the discharge of his duty as a keeper in Sing Sing prison, 
 November sixteenth, 18T7, at the murderous assault of Henry Thomas, an insane 
 convict in said prison, the sum of one thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 
Public Papers of Goveenoe Coenell. 5o 
 
 that the keeper has been continued in the employ of the 
 State, and is not likely to be removed therefrom. 
 
 For Ann Higgins, mother of William Higgins, as a gratuity, in full for all 
 claims for damages sustained by lier in tlie loss by deatli of lier said son, wbo was 
 her sole support, and who died on the eighteenth day of July, 1879, from injuries 
 received by him while employed on the New Capitol, one thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 it is not deemed expedient to grant a gratuity in a case of 
 this character. 
 
 For Thomas J. Lawrence, corporal. Company F, Twenty-second Regiment, 
 National Guard, as a gratuity, who was permanently disabled for life while 
 on duty as required by law, in rifle practice, one thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that the circumstances under which the injury occurred were 
 not such as to justify the appropriation. 
 
 For James F. Johnson, as a gratuity, in full for all claims for damages for in- 
 juries received by him from the falling of a block of granite upon him while 
 in the employ of the State, on the fourth day of September, 1875, and which 
 necessitated the amputation of a leg, one thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that the person named has been continued in employment 
 since the accident as gate keeper at the New Capitol. He 
 has therefore' enjoyed more constant employment and 
 received more pay in a position far less laborious, than he 
 would had he not been injured. 
 
 For Chapman S. Strong, as a gratuity, in full for all claims for damages 
 for injuries received by him as a keeper in Auburn State prison, from the 
 criminal assault of convicts, in November, 1873, and while engaged in the dis- 
 charge of his duties as such keeper in quelling an outbrealt: in said prison, one 
 thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that the lapse of seven years since the alleged injury, indi- 
 cates doubt as to the propriety of the appropriation. It 
 seems as though a meritorious case would have received 
 earlier consideration. 
 
 For Lawrence Hagar, father of Charles Hagar, as a gratuity, in full for all 
 claims' for damages sustained by him in the loss by death of his said son, who 
 was his sole support, and who was killed by falling from a scaffold in ifarch, 
 1880, while at work on the New Capitol, five hundred dollars. 
 
 This item is objected to, and not approved, for the reason 
 
56 Public Papees of Goverwoe Coenell. 
 
 that it is deemed unwise to establish a precedent of the char- 
 acter indicated therein. 
 
 For Mrs. Barbara Kennedy, widow of Captain John Kennedy, Junior, as a 
 gratuity, in full for all claims for damages for the loss by death of her husband, 
 resulting from sickness occasioned by exposure and hardship while in the dis- 
 charge of his duties as Captain in the Eighth Regiment, National Guard, at 
 Syracuse, under the orders of the Commander-in-Chief, during the riots of July, 
 1877, one thousand five hundred dollars. 
 
 This item is objected to, and not approved, for the reason 
 that no claim exists of the character indicated. The policy 
 of granting a gratuity of the kind named is believed to be 
 unwise and unjust. 
 
 For Carl Meisner, of Battery G, Seventh Division, National Guard, State of 
 New York, as a gratuity, who was permanently disabled for life by the prema- 
 ture discharge of a cannon while on duty with his battery, at Elmira, New York, 
 on the thirtieth day of May, 1879, one thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that the accident occurred at a voluntary parade of the 
 organization of which the unfortunate man was a member, 
 and not while he was on duty under orders from the State 
 authority. 
 
 For the payment of a canal certificate given by a late Canal Commissioner to 
 Henry D. Dennison, December fourteenth, eighteen hundred and seventy-six, 
 addressed to the Comptroller, for removing obstructions from the outlet of 
 Cayuga lake and the channel of Seneca river, between Cross lake and Monte- 
 zuma, five hundred and forty-two dollars and forty-eight cents, and for interest 
 thereon the sum of one hundred and eight dollars and fifty cents. 
 
 This item is objected to, and not approved, for the reason 
 that the liability which it is proposed to liquidate was not 
 authorized by law. If it is a valid or equitable claim against 
 the State, it should be presented to the Board of Audit. 
 
 For the Regents of the University, for the annual compensation of Samuel B. 
 Woolworth, as Honorary Secretary of said board during his continuance in said 
 ofiice, the sum of two thousand dollars, payable in monthly installments, begin- 
 ning from the tenth day of January, eighteen hundred and eighty. 
 
 This item is objected to, and not approved, for the reason 
 that the position is honorary, and does not involve any real 
 service for the State, hence it should not require compen- 
 sation. 
 
Public Papers of Governor Coknell. 57 
 
 For the Regents of the University, for establishing and conducting examina- 
 tions in accordance with chapter four hundred and twenty-five of the laws of 
 1877, five thousand dollars, to supply deficiency caused by want of appropriation, 
 for such object, in eighteen hundred and seventy-iiine. 
 
 This item is objected to, and not approved, for the reason 
 that expenditures of this character should be confined to the 
 appropriations actually made. To provide for such defi- 
 ciencies as that described in this item, only makes future 
 deficiencies inevitable. 
 
 For the State Cabinet of Natural History, for the purchase of the collection of 
 objects of natural history owned by Charles D. Wolcott, comprising not less than 
 twelve thousand specimens, four thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 
 that the State has already expended vast sums for objects of 
 
 .like character for which it has received inadequate benefit. 
 
 The only excuse oifered for this appropriation is to provide a 
 
 market for specimens which the collector desires to sell. 
 
 For the State Normal and Training school at Cortland, for completing the 
 repairs of the building and for filling and grading the lot purchased, the sum of 
 five thousand dollars, or so much thereof as may be necessary. 
 
 This item is objected to, and not approved, for the reason 
 that the appropriation for the maintenance of the school 
 is believed to be ample to provide for all necessary improve- 
 ments. 
 
 For the State Normal and Training school at Fredonia, for repairs and improve- 
 ment of buildings on plans subject to the approval of the Comptroller, seventeen 
 thousand and thirty-two dollars, or so much thereof as may be necessary, and for 
 apparatus five thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that it appears to be extravagant in amount. It would be 
 sufiicient to erect and equip a handsome building for the 
 purpose, as an original question. When it is proposed 
 to expend such a sum upon a building already in use, it 
 seems quite unreasonable. 
 
 Of the appropriations for the State Normal and Training 
 School at Brockport, the following items are disapproved : 
 
 For addition to buildings, twenty thousand dollars; for steam heating apparatus, 
 twelve thousand one hundred and forty-eight dollars. » « * * * 
 
 8 
 
58 Public Papers of Governoe Cornell. 
 
 These items are objected to, and not approved, for the rea- 
 son that the State has already provided abundantly for Nor- 
 mal schools, and there is no necessity f Or erecting additional 
 buildings. The sum for heating apparatus is deemed extrav- 
 agant and unnecessary. 
 
 For tlie State Normal and Training School at Albany, for repairs to buildings, 
 for additions to apparatiis and for furniture and books, two thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that the sum appropriated for the school is quite adequate 
 to its frugal maintenance, and to provide for the objects 
 named in the item. 
 
 For the completion of the field work of the geological map of the CatskiU 
 mountain region and the southern counties of the State, twelve hundred dollars, 
 to be paid on Touchers of the persons employed in the work, certified by the 
 Secretary of the Board of liegents of the University. 
 
 This item is objected to, and not approved, for the reason 
 that no authority of law has been found under which the 
 work named was commenced. 
 
 For the Comptroller, for the purchase of the bronze statue of Robert R. Living- 
 ston, now in the Capitol, five thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that while the people of the State are so heavily taxed for the 
 completion of the Capitol, it does not seem reasonable to 
 burden them still more in providing works of art with which 
 to adorn that edifice. 
 
 For printing and binding an amended edition of the New York Code of Public 
 Instruction, to be prepared by the Superintendent of' Public Instruction, and by 
 him distributed one to each of the school districts of the State, the sum of twelve 
 thousand dollars, or so much thereof as may be necessary. 
 
 This item is objected to, and not approved, for the reason 
 that it is not deemed to be a necessary or desirable expendi- 
 ture of public funds. 
 
 For the purchase of twelve hundred and fifty copies of volume one of Hough's 
 Classified Abstract of the laws of Xew York, during the hrst century of the State 
 government, at a rate not to exceed four dollars per volume, five thousand dollars, 
 or so much thereof as may be necessary, to be i)aid on the certificate of the Secre- 
 tary of State, and the work to be distributed by him to such offices of record, 
 
PuBMc Papers of Governor Cohnell. 59 
 
 public officers and libraries as are now entitled by law to receive the Session 
 laws of tliis State. 
 
 This item is objected to, and not approved, for the reason 
 that it .is believed to be only the beginning of an expenditure 
 which will require large appropriations hereafter to complete. 
 The present is not a propitious time for inaugurating a new 
 class of expenses to be borne by the State treasury. 
 
 For the Central New York Institution for deaf mutes, at Rome, for the support 
 and instruction of nine deaf mutes for various periods of time, from the first of 
 March to tUe first of October, 1879, in addition to those provided for by former 
 appropriations, seven hundred and seventy-seven dollars and sixty-five cents, or 
 so much thereof as may be necessary. 
 
 This item is objected to, and not approved, for the reason 
 that provision was made in advance by appropriation for 
 the support of the pupils, and the managers of the institution 
 ought not to have received any larger number than was thus 
 provided for. 
 
 For the Le Conteulx St. Mary's Institution for the improved instruction of deaf 
 mutes, for the support and instruction of five deaf mutes for various periods 
 of time, from the first day of January, 1879, to the first day of October, 1880, in 
 addition to those provided for by former appropriations, the sum of nine hundred 
 and fifty-two dollars and ninety-five cents, or so much thereof as may be neces- 
 sary. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the preceding item. 
 
 For the St. Joseph's Institution for the Improved Instruction of Deaf Mutes, at 
 Fordham, for the support and instruction of deaf mutes for various periods of 
 time in 1878 and 1879, in addition to those provided for by former appropriations, 
 one thousand seven hundred and eighty -nine dollars and ten cents, or so much 
 thereof as may be necessary. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the jjreceding item. 
 
 For the State Board of Charities, for the support and care of State paupers, 
 pursuant to chapter 661 of the laws of 1873, for deficiency in appropriations, 
 fifteen thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that a liberal allowance was made in the appropriation bill 
 of last year, and a frugal administration of the fund thus 
 provided should render this appropriation unnecessary. 
 
60 Public Papees of Governor Cornell. 
 
 For the State Board of Cliarities, for deficiency in appropriations for current 
 expenses, two thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that the Board should confine their expenses to the appro- 
 priations already made. 
 
 For the county of Cayuga, as an equitable reimbursement for certain expenses 
 incurred and paid for the two trials in 1873 and 1874 and the appeals thereon, of 
 Michael Donohoe, a, convict, indicted for the murder of a convict in Auburn 
 prison, including all disbursements made necessary during the incarceration of 
 said Donohoe prior to, pending and subsequent to the trials ; for like expenses 
 incurred and paid for the trials in 1874 of John Coughlin, Patrick Eagan, Thomas 
 E. Hardy, and Patrick Clifford, convicts, indicted for assaults with deadly 
 weapons upon a keeper in said prison, including like disbursements; for like 
 expenses incurred and paid for the trial, in 1875, of Edwin Thomas, a convict, 
 indicted for the murder of a convict in said prison, including like disbursements; 
 for like expenses incurred and paid for the trial, in 1877, of Harvey Thorpe, a 
 convict, indicted for the murder of a convict in said prison, including like dis- 
 bursements; for like expenses incurred and paid for the trial, in 1877, of William 
 Barr, a convict, indicted for the murder of a keeper in said prison, including like 
 disbursements, the sum of seven thousand and eleven dollars and forty-five 
 cents. 
 
 This item is objected to, and not approved, for the reason 
 that the county of Cayuga should bear the burden of criminal 
 trials happening therein, as all other counties do. The fact 
 that the offenders were State convicts does not furnish reason 
 for an exception. The county receives great benefits from 
 the location of the State prison, and it is no hardship for it 
 to bear the incidental expenses of such trials. 
 
 For the city of Utica, for assessment for the construction in 1875, of the Third 
 and Seventh ward sewer outlet in front of the State property in said city, foar 
 hundred and eighty-two dollars and twenty cents, and 
 
 For the Knox street sewer, fifty-two dollars aild thirty-three cents. 
 
 These items are objected to, and not approved, for the rea- 
 son that the city has no right to levy an assessment upon the 
 State property for local improvements. 
 
 For the city of Syracuse, as an equitable payment of the local assessment and 
 expenses for paving on Salina street, in said city, in front of Salt Springs olBce, 
 in 1876, three hundred and eighty-two dollars and seventy-two cents. 
 
 And of the local assessment and expenses for constrActing a sewer in Leaven- 
 worth avenue and Clark street in said city, in front of lands belonging to the 
 State, in 1877, two thousand four hundred and seventy-eight dollars and seventy- 
 six cents. 
 
 These items are objected to, and not approved, for the same 
 
Public Papers of Governor Cornell. 61 
 
 reasons as those stated in objection to the items in favor of 
 the city of Utica. 
 
 Of the appropriation for tile commissioners of quarantine : 
 For repairs of buildings, ten thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that the other appropriations for the support and repair 
 of the quarantine establishment are believed to be ample for 
 the purpose. 
 
 For the construction of a draw in the bridge over the navigable channel of the 
 Oneida river at Brewerton, between the counties of Oswego and Onondaga, the 
 sum of seven thousand five hundred dollars, payable out of any money in 
 the Treasury applicable, to the payment of expenses of canals. 
 
 This item is objected to, and not approved, for the reason 
 that it is deemed to be an improper item to be inserted in this 
 bill. 
 
 For removing obstructions and cleaning the bed of Bond's creek south of 
 Dunham's basin waste weir to Fort Edward, Washington county, the sum 
 of three thousand dollars, or so much thereof as may be necessary ; the work to 
 be done under the supervision and direction of the Superintendent of Public 
 Works. Said appropriation shall be payable on the warrant of the Auditor, 
 out of any funds in the Treasury to the credit of the canal fund and applicable to 
 the improvement of the Champlain canal. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the preceding item. 
 
 , For completing and finishing the removal of obstructions in Chautauqua 
 lake and in the outlet thereof, the sum of four thousand dollars, the work to be 
 done and money expended under the direction of the Commissioners of Naviga- 
 tion of said lake ; but no part of said money herein appropriated shall be paid to 
 such Commissioners until they shall have executed a bond to the people of this 
 State, to be approved by the Comptroller, conditioned that they will faithfully 
 discharge their duties as such commissioners, and duly account, under oath, 
 to the Comptroller, for all moneys received by them for the purpose aforesaid. 
 
 This item is objected to, and not approved, for the reason 
 that the proposed expenditure is not deemed a proper one to 
 be provided for out of the State Treasury. 
 
 For the construction of a bridge over the west branch of the Hudson river, 
 known as the Sacandaga river, near the village of Northville, in the county 
 of Fulton, five thousand dollars, to be expended under the direction of the 
 Supervisor of the town of Northampton, upon vouchers to be approved by the 
 Comptroller. 
 
 This item is objected to, and not approved, for the reason 
 
62 Public Papers of Governok Cornell. 
 
 that the object of the proposed expenditure is not considered 
 to be a proper charge upon the State Treasury. 
 
 For the construction of a bridge over Grass river, in the town of Russell, 
 county of St. Lawrence, on the road leading from Canton to Edwards, two 
 thousand five hundred dollars, to be expended under the direction of the 
 Supervisor of said town, upon vouchers to be approved by the Comptroller. 
 
 This item is objected to, and not approved, for the same 
 reason as that expressed in objection to the preceding item. 
 
 For repairing and macadamizing the road across the .Onondaga Indian reserva- 
 tion leading from what is known as the " Castle Hotel," in the town of Onondaga 
 to a point intersecting the road leading by the house of Edwin Clark, the sum 
 of one thousand dollars, to be expended under the supei-vision of Patrick King, 
 of said town, who is hereby appointed a Commissioner for that purpose, who 
 shall receive out of said sum three dollars per day for each full day occupied by 
 him in the discharge of such duty, but for not exceeding fifteen days in the 
 aggregate, and who shall execute to the people of this State a bond, to be 
 approved by the Comptroller, for the faithful performance of his duties as such 
 Commissioner. 
 
 This item is objected to, and not approved, for the reason 
 that it is not a legitimate object for the expenditure of State 
 funds. 
 
 For the construction of a wagon road on the reservation of the Saint Regis 
 Indians, in the county of Franklin, starting from a short road now laid, which 
 runs from the old State road to the reservation, and thence running nearly 
 parallel with the Saint Regis river northerly to the Canada line, and a branch 
 road, commencing at a point in such contemplated road about midway between 
 its extremities and running thence easterly to Drum street in the town of Fort 
 Covington, the sum of two thousand five hundred dollars, to be expended under 
 the supervision of Alfred Fulton and Sidney Q. Grow, of Hogansburg, who are 
 hereby appointed Commissioners for that purpose, who shall each receive out 
 of said sum three dollars per day for each full day occupied in and about such 
 supervision ; but the total compensation of such Commissioners shall not exceed 
 the sum of two hundred and fifty dollars, and no part of the sum herein appro- 
 priated shall be paid over to said Commissioners until they shall have executed 
 a bond to the people of this State, to be approved by the Comptroller, for the 
 faithful performance of their duties as such Commissioners. 
 
 This item is objected to, and not approved, for the same 
 reason as that expressed in objection to the last mentioned 
 item. 
 
 For repairing the highway upon the Cattaraugus Indian reservation, running 
 from Gowanda through the reservation into the town of Perrysburgh in the 
 county of Cattaraugus, changing the line thereof, and for the erection and repair 
 of bridges thereon, the sum of three thousand dollars, to be expended under the 
 supervision of Millin T. Hill, James Welch and Henry Locke of Gowanda, who 
 
Public Papers of Goveewoe, Cornell. 63 
 
 are hereby appointed commissioners for that purpose; and for repairing the high- 
 way upon such reservation running from Versailles through the reservation into 
 the town of Collins, in Erie county, to Lawton's Station, and for the erection and 
 repair of bridges thereon, the sum of five hundred dollars, to be expended under 
 the supervisio* of Elijah H. Lawton and Enos S. Hibbard, of Collins, who are 
 hereby appointed commissioners for that purpose; each of said five commissioners 
 shall receive out of said sums two dollars per day for each full day occupied by 
 him in and about such service, but the total compensation of said first-named 
 three commissioners shall not exceed the sum of two hundred dollars; and the 
 total compensation of said last-named two commissioners shall not exceed the 
 sum of seventy-five dollars; and no part of the sums hereby appropriated shall 
 be paid over to the commissioners in each case until they shall have executed a 
 bond to the people of this State, to be approved by the Comptroller, conditioned 
 that they will faithfully discharge their duties as such commissioners and truly 
 account under oath to the Comptroller for all moneys received by them for the 
 purposes aforesaid, and no part of said sum shall be expended except upon a plan 
 and estimate of said work which will complete it within the sums above appro- 
 priatfed. 
 
 These two items are objected to, and not approved, for the 
 same reason as that expressed in objection to the two pre- 
 ceding items. 
 
 For building the necessary culverts and sluices, and for grading and graveling 
 the approaches to the bridge over the Onondaga creek on the Onondaga Indian 
 reservation, and for repairing the roadway to the same, on what is called the 
 William Hill road, the sum of one thousand five hundred dollars, or so much 
 thereof as may be necessary, to be expended under the supervision of Daniel 
 Pinckney, of the town of Onondaga, who is hereby appointed a commissioner for 
 that purpose, who shall receive out of the sum herein appropriated three dollars 
 per day for each full day occupied by him in such service, but his total compen- 
 sation shall not exceed the sum of one hundred and fifty dollars, and no part of 
 the sum herein appropriated shall be paid over to said commissioner until he shall 
 have executed a bond to the people of this State, to be approved by the Comp- 
 troller, for the faithful performance of his duties as such commissioner. 
 
 This item is objected to, and not approved, for the same 
 reason as that expressed in objection to the several items of 
 similar character preceding. 
 
 For building a bridge to be constructed of iron, stone and wood, across the 
 Tonawanda creek, on the 'J'onawanda Indian reservation, where said creek is 
 crossed by the Akron road, leading from the county of Erie into the county of 
 Genesee, the sum of two thousand two hundred dollars, to be expended under 
 the supervision of Joseph W. Holmes, Alpha E. Bennett and Daniel Korton, of 
 Alabama, Genesee county, who are hereby appointed commissioners for that 
 purpose, who shall receive out of the sum herein appropriated two dollars per 
 day for each full day occupied by them in such service; but their total compen- 
 sation shall not exceed the sum of one hundred and fifty dollars; and no part of 
 the sum herein appropriated shall be paid over to said commissioners until the 
 
64 Ptiblic Papees of Gtoveknoe Coknell. 
 
 like sum of twenty-two hundred dollars shall be paid to them for the same pur- 
 pose by the Tonawanda band of Seneca Indians, from their annuities or trust 
 fund interest, nor until such commissioners shall g-ive a bond to the people of 
 this State, conditioned for the faithful performance of their duties as such com- 
 missioners. 
 
 This item is objected to, and not approved, for tlie same 
 reason as that expressed in the several preceding items of 
 similar character. 
 
 For the services of the superintendent and teachers in the manual labor school 
 for the Tonawanda Indians, one thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that the provision heretofore made for the school is deemed 
 ample for all necessary purposes. 
 
 For the Soldiers and Sailors' Home, at Bath, for the erection of a hospital, ten 
 thousand dollars; 
 
 For improvement of grounds, for fencing, and for conducting farm, five thous- 
 and dollars; and 
 
 For the erection of a chapel, five thousand dollars. 
 
 The three items for the Soldiers and Sailors' Home, at 
 Bath, are objected to, and not approved, for the reason that 
 the large appropriations heretofore made for that institution 
 render a further expenditure of State funds inexpedient at 
 the present time. 
 
 For the Paymaster-General, to defray expenditures authorized by chapter one 
 hundred and eighty-four of the laws of eighteen hundred and sixty-three, one 
 thousand dollars, or so much thereof as may be necessary. 
 
 This item is objected to, and not approved, for the reason 
 that the expenditure is not deemed necessary. 
 
 For altering sights of Remington breech-loading rifles as recommended by the 
 commission of officers appointed by the Commander-in-Chief, pursuant to general 
 orders number twenty-six of eighteen hundred and seventy-nine, three thousand 
 dollars, or so much thereof as may be necessary, to be paid on the audit of the 
 Adjutant-General and the approval pf the Commander-in-Chief. 
 
 This item is objected to, and not approved, for the reason 
 that it is not deemed expedient to make the proposed 
 expenditure during the present year. 
 
 For the Adjutant-General, to enable him to provide for inci'ease of military 
 fund of separate companies of infantry to equalize the same with funds of ,the 
 other organizations of the National Guard, seven thousand four hundred dollars, 
 
Public Papers op' Governor Counell. 65 
 
 or so much as may be necessary, to be paid on tlie audit of tlie Adjutant-Oeneral 
 and the approval of the Coznmauder-in -Chief. 
 
 This item is objected to, and not approved, for the reason 
 that the finances of the State are not now in condition to 
 warrant an expenditure of this cliaracter. 
 
 For the erection of magazines at such State armories as "may be designated 
 therefor by the Adjutant-General, and for laying flagging at such armories, the 
 sum of five thousand dollars, or so much as may be necessary, to be expended 
 under the direction of the Chief of Ordnance, upon plans to be approved by the 
 Adjutant-general, . and paid upon the audit of the Adjutant-general and the 
 approval of the Commander-in-Chief. 
 
 This item is objected to, and not approved, for the reason 
 that it is deemed inexpedient to make further expenditures 
 of this character until the armories already provided for 
 shall have been completed. 
 
 ^or the Chief of Ordnance, to purchase the uniforms and equipments lately 
 in the possession of the Twenty-seventh regiment. National Guard, which was 
 disbanded by the Commander-in-Chief, three thousand nine hundred and fifty- 
 three dollars and fifty cents, subject to the approval of the Adjutant-General. 
 
 This item is objected to. and not approved, for the reason 
 that the property already belongs to the State. 
 
 For replacing the uniforms and equipments belonging to the Sixty-fifth 
 Eegiment of the National Guard, which were injured or destroyed while that 
 Regiment was on duty at Buffalo, under orders of the Commander-in-Chief, 
 during the riots of July, 1877, as have been or may be audited and allowed 
 by the Adjutant-General, four thousand three hundred and seventy-five dol- 
 lars, or so much thereof as may be necessary, to be paid to the credit of the 
 uniform and equipment fund of said regiment, and to be disbursed upon the 
 same audit and regulations as are required in case of payment of other sums 
 from that fund. 
 
 This item is objected to, and not approved, for the reason 
 that the State has heretofore made generous provision for 
 the National Guard, and it is considered unwise to make 
 special appropriations of this character. 
 
 For replacing the uniforms and equipments belonging to the Seventy-fourth 
 Regiment of the National Guard, which were de.stroyed or injured while that 
 Regiment was on duty at Buffalo and Hornellsville, under the orders of the 
 Commander-in-Chief, during the riots of June and July, 1877, as have been or 
 may be audited and allowed by the Adjutant-General, eight thousand dollars, 
 or so much thereof as inay be necessary, to be paid to the credit of the uniform 
 and equipment fund of said regiment, and to be disbursed upon ihe same audit 
 and regulations as are required in case of payment of other sums from that fund. 
 
 This item is objected to, and not approved, for the same 
 9 
 
66 Public Papers op Goveenoe Coewell. 
 
 reason as that stated in- objection to the item for the Sixty- 
 fifth Regiment. 
 
 For replacing the uniforms and equipments belonging to the Ninth Regiment, 
 National Guard, which were injured or destroyed while that Regiment was on 
 duty at West Albany, under the orders of the Commander-in-Chief, during the 
 riots of July 1877, as have been or may be audited and allowed by the Adjutant- 
 General, seven thousand seven huiidred and thirty-eight dollars and fifty cents, 
 or so much as may be necessary, to be paid to the credit of the uniform and 
 equipment fund of said regiment, an'd to be disbursed upon the same audit and 
 regulations as are required in case of payment of other sums from that fund. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the item for the Sixty- 
 fifth Regiment. 
 
 For replacing the uniforms and equipments belonging to- the Twelfth Separate 
 Company, National Guard, which were injured or destroyed while that Company 
 was on duty at West Albany, under the orders of the Commander-in-Chief, 
 during the riots of July, 1877, as have been or may be audited and allowed 
 by the Adjutant-General, sixteen hundred dollars, or so much thereof as may be 
 necessary, to be paid to the credit of the uniform and equipment fund of said 
 Company, and to be disbursed upon the same audit and regulations as are 
 required in case of payment of other sums from that fund. 
 
 This item is objected to, and not approved for the same 
 reason as that stated in objection to the item for the Sixty- 
 fifth Regiment. 
 
 For replacing the uniforms and equipments belonging to the Fifty-fourth 
 Regiment, National Guard, which were injured or destroyed while that Regiment 
 was on duty at Hornellsville, Under the orders of the Commander-in-Chief, 
 during the riots of July, 1877, ss have been or may be audited and allowed 
 by the Adjutant-General, eight thousand four hundred and eighty ' dollars, 
 or so much thiireof as may be necessary, to be paid to the credit of the uniform 
 and equipment fund of said Regiment, and to be disbursed upon the same audit 
 and regulations as are required in case of payment of other sums from that fund. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the item for the Sixty- 
 fifth Regiment. 
 
 For the erection of an armoiy in the city of Poughkeepsie, Dutchess county, 
 for the use of the National Guard, in said city and county, the .sum of forty 
 thousand dollars, to be expended under the direction of the Adjutant-General, the 
 Inspector-General, the Chief ..f Ordnance of this State, and the Commandant of ' 
 the Fifth Division ; but no part of said sxini shall be expended by them, except 
 upon a contract for the completion of such armory within the limits of this appro- 
 priation, nor until an indefeasable title to a suitable site for such armory, free 
 from all incumbrance, shall be vested in the people of this State, without cost to 
 
Public Papers of Goveenoe Cornell. 67 
 
 the State, and to be approved by tlie above-named officials, or a majority of tliem. 
 
 This item is objected to, and not approved, for the reason 
 that it is deemed unwise to commence tlie erection of ad- 
 ditional public buildings until those already in course of 
 constriiction shall have been completed, or at least so far 
 advanced that the sum necessary to provide for their com- 
 pletion can be approximately estimated. 
 
 For building an addition to the State armory at Oswego, on lands recently 
 purchased by the State for such purpose, for the use of a battery or troop of 
 cavalry attached to the Sixth brigade, National Guard, the sum of fifteen 
 thousand dollars, to be expended under the direction of the Adjutant-General, 
 the Inspector-General, and the Chief of Ordnance of this State ; but no part of 
 said sum shall be expended by them, except upon a contract for the completion 
 of such addition within the limits of this appropriation. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the item for the proposed 
 armory at Poughkeepsie. 
 
 For the erection of an armory for the use of the Seventeenth Separate Company 
 of Infantry at Flushing, Queens county, the sum of nine thousand dollars, to be 
 expended under the direction of the Adjutant-General, the Inspector-General, 
 and the Chief of Ordnance; but no part thereof shall be expended until the title to 
 the land upon which such armory is to be constructed shall have been vested in 
 the State free from all incumbrances. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the item for the pro- 
 posed armory at Poughkeepsie, and for the further reason 
 that it is deemed- inexpedient for the State to undertake the 
 erection of armories for the accommodation of separate Com- 
 panies of the N'ational Guard. 
 
 For deficiency in appropriations for the erection of the State armory at 
 Newburgh, the sum of five thousand dollars, to be paid on the audit of the Adju- 
 tant-General and the approval of the Commander-in-chief. 
 
 This item is objected to, and not approved, for the reason 
 that the armory should have been erected within the amount 
 appropriated for it. 
 
 For Sing Sing prison » * » * 
 
 For rebuilding guard house, three hundred dollars. 
 
 For building stone wall under iron fence, and repairs to outside wall and gates, 
 seventeen hundred and fifty dollars. 
 
 For completing water works, five hundred dollars. 
 
 For building two guard houses on new dock, fifteen hundred dollars. 
 
68 Public Papers of G-oveenoe Coetstell. 
 
 For iron fence, and gate at south wall entrance, twelve hundred and fifty 
 dollars. 
 
 For iron gate under main building, four hundred and fifty-eight dollars. 
 
 For two gates in fence on river front, five hundred and sixty-three dollars. 
 
 For flagging and grading walks in yard, fifteen hundred dollars. 
 
 For general repairs, painting, relaying floors, purchase of tools, repairing 
 fences, carts and wagons, one thousand dollars. 
 
 For completion of drains and sewers, two hundred dollars. 
 
 For repairing key room, putting up gun-rack, for locks, keys and repairs 
 in prison hall, five hundred dollars. 
 
 For altering and repairing guard house, two hundred and fifty dollars. 
 
 For relaying floors and building stalls in stable, three hundred dollars. 
 
 For making survey and preparing plans and specification for iron fence, two 
 hundred and sixty -seven dollars. 
 
 For preparing plans and specifications and superintending putting on of new 
 roof to female prison, one hundred and twenty-three dollars and fifty cents. 
 
 For new ice house, five hundred dollars. 
 
 For repairing roofs, one thousand dollars ; and 
 
 For library, five hundred dollars. 
 
 The eighteen several items above enumerated for the Sing 
 Sing prison, are objected to, and not approved, for the reason 
 that the appropriations already made for the care and main- 
 tenance of the State prisons are believed to be adequate for 
 all necessary purposes during the current year. 
 
 For Auburn prison, for repairing roofs, one thousand dollars. 
 
 For introduction of gas into cells, fifteen hundred dollars. 
 
 For apparatus and fixtures for heating the shops and extinguishing fires therein, 
 two thousand dollars. 
 
 For ventilation of wings, five hundred dollars. 
 
 For rebuilding and enlarging shops, six thousand dollars. 
 
 For repairing and refurnishing chapel and oflScers' quarters, one thousand dol- 
 lars, and 
 
 For library, five hundred dollars. 
 
 All of the items for the Auburn prison are objected to, and 
 not approved, for the same reason as that stated in objection 
 to the several items for the Sing Sing piison. 
 
 For Clinton prison, for new guard posts, two hundred dollars. 
 For new ovens, fifteen hundred dollars. 
 For repairing roofs, five hundred dollars. 
 
 For two extra guards, on account of enlargement, fifteen hundred dollars. 
 For repairing pickets, two hundred dollars. 
 
 For steam heating apparatus, labor and fixtures,' twelve hundred and fifty 
 dollars. 
 For repairing buildings, five hundred dollars. 
 For sewers, one thousand dollars. 
 
Public Papers of Governoe Cornell. 69 
 
 For switch, and track from railroad to prison yard, two hundred and fifty dollars. 
 For iron pipe to convey water into prison yard, two thousand five hundred 
 dollars. 
 
 For six hundred feet of hose, six hundred and sixty dollars; and 
 For library, five hundred dollars. 
 
 All of the items for the Clinton prison are objected to, and 
 not allowed, for the same reason as that stated in objection 
 to the several items for the Sing Sing and Auburn prisons. 
 
 For the Superintendent of State Prisons, for rent of office for two years from 
 June first, 1879, five hundred dollars. 
 
 For furniture, carpets and shelving, six hundred dollars. 
 
 For safe, two hundred dollars; 
 
 For the Superintendent of State Prisons, for counsel fees in the Senate inves- 
 tigation, in 1879, as to the removal of the agent and warden of Auburn prison, 
 two hundred and fifty dollars; and 
 
 For counsel fees in the Assembly investigation, in 1880, into the circumstances 
 attending the lease of the Dannemora railroad, two hundred and fifty dollars. 
 
 For the Superintendent of State Prisons, to pay Charles T). Bruyn, assignee of 
 Thomas Hamilton, for balance due said Hamilton on account of materials fur- 
 nished and delivered to the authorities of the State prison at Sing Sing, the sum 
 of two thousand and thirty-eight dollars and ninety-three cents. 
 
 All of the several itenis above enumerated for the Super- 
 intendent of State Prisons are objected to, and not approved, 
 for the reason that most if not all of them are of a character 
 which require the action of the Board of Audit before they 
 can be allowed constitutionally by the Legislature. 
 
 For the asylum for insane criminals, at Auburn, for new coW cellar, for sewer 
 pipes, changing location of steam pipes, and purchase of regulation valve for 
 steam distribution and pipe for the same; for pointing and repairing west wall; 
 for fitting up carpenter shop; for purchase of engine and steam pump; for water 
 pipe to connect with city water works; for ceiling and fitting up ten rooms in 
 sixth and seventh wards as strong rooms; for shutters and iron screens for seven 
 windows in fifth ward; for addition to green-house; for washing machine; for 
 carpets curtains and table furniture for center building; and for library and 
 surgical and other instruments, six thousand seven hundred and fifty dollars. 
 
 This item is objected to, and not approved, for the same 
 reason as that stated in objection to the several items for the 
 Sing Sing, Auburn and Clinton prisons. 
 
 Of the appropriation for the New York State Eeformatory, 
 at Elmira, the item which reads as follows : 
 
 " And to provide a fund for carrying on its industries, to be used under the 
 direction of the managers, fifty thousand dollars," 
 
 is objected to, and not approved, for the reason that an 
 
70 Public Papers of Goveenoe Cornell. 
 
 appropriation of this character should be more carefully 
 guarded, so as to effectually provide for its proper applica- 
 tion and preservation as a working capital for the institution. 
 
 For the Willard Asylum for the Insane, for furniture for the new group now 
 in the course of erection, the sum of five thousand dollars; for a bridge or an 
 earth embankment and extension of railroad across the ravine south of the main 
 asylum building, to the two groups of buildings south of the ravine, ten thous- 
 and dollars; and for the completion of the laundry floor and enlargement of the 
 steward's oflSce, five thousand dollars.. 
 
 All of the several items for the Willard Asylum for the 
 Insane are objected to, and not approved, for the reason that 
 liberal provision was made in the Supply bill of 1879, for 
 the completion of the improvements authorized, and the 
 managers cannot be Justified in requiring further means 
 for that purpose. 
 
 For the Buffalo Asylum for the Insane * * * for grading and sub- 
 soiling garden; for fertilizer for grounds; for grass and garden seeds; and for 
 fences, five thousand dollars. 
 
 This item is objected to, and not approved, for the reason 
 that ample provision has heretofore been made for all neces- 
 sary expense to put this institution in operation, and no 
 further appropriations should be made for its completion or 
 equipment. 
 
 For the Hudson River State Hospital for the insane, for deficiencies pertaining 
 to the several contracts, and for extra work as directed by the Building Super- 
 intendent, twenty thousand six hundred and nineteen dollars and sixty-nine 
 cents; * * -x- * * * 
 
 And for steam boilers, setting the same, and connections ; for renewals and re- 
 pairs, including re-setting of boilers ; for fixtures for laundry, drying room and 
 ironing rooms and equipment of east and west section ; for building drive- way 
 under Hudson River Railroad bed ; for ventilating pipes ; for iron door and 
 window guards ; for extending water pipes in laundry ; for coal sheds and tram- 
 way ; for yard walls and fences ; for flooring umbras ; for draining and paving 
 around portions of the buildings ; for plastering air ducts, and for salary of 
 Building Superintendent, under whose direction the work is to be done, twenty- 
 four thousand dollars. 
 
 The two several items above enumerated for the Hudson 
 River State Hospital for the Insane, are objected to, and not 
 approved, for the reason that ample and indeed extravagant 
 provision has heretofore been made for this Institution. No 
 
Public Papers of Goveenor Cornell. 71 
 
 farther allowance for its improvement should be made until 
 there shall be a demonstration of its usefulness for some 
 other purpose than the expenditure of State funds. Another 
 reason for not approving these items, is the fact that the 
 Trustees of the Hospital formally notified the Governor 
 within a few weeks that no building was contemplated 
 during the present year. 
 
 For the Bingliamton Aaylum for tlie Chronic Insane ; for window guards ; for 
 repairing vestibules ; for painting interior wards, extensions and stairways ; for 
 repairs to administration building ; for building kitchen and storeroom ; for 
 drains and grading ; for excavating beneath floors of basement room ; for iron 
 water tanks and connections ; for materials and labor for plumbing and gas 
 fitting ; for furniture for wards, laundry, kitchen and administration building ; 
 for fitting up dispensary ; for windows in towers ; for completing sewerage ; for 
 telephonic communication with water- works and city of Binghamton ; for farming 
 implements, stock, fertilizers and fencing ; for farm buildings ; for hay scales ; 
 for gas works, laying mains and making connections ; for officers' salaries to 
 close of current fiscal year ; for deficiency on account of maintenance ; for com- 
 pleting, heating and ventilation, including fan-house ; and for alterations and 
 repairs of south wing, sixty-four t'lousand five hundred and ninety dollars ; 
 to be expended, except as to existing indebtedness, on contracts approved by the 
 Comptroller. 
 
 This item is objected to, and not approved, for. the reason 
 that a much larger sum has already been expended upon 
 the Asylum than was contemplated or provided for in the 
 law creating it. No further appropriation should be made 
 for this Institution until some reasonable assurance can be 
 secured that its affairs shall be conducted in accordance with 
 the laws of the State relating to it. 
 
 Kor the New York State Asylum for the blind at Batavia, for the construction 
 of boiler house and laundry and purchase of heating and other apparatus for the 
 same, twenty six thousand seven hundred and sixty-eight dollars, to be expended 
 on contracts to be approved by the Comptroller. 
 
 ■ This item is objected to, and not approved, for the reason 
 that the expenditures already made upon this Institution 
 have been beyond the amount contemplated when the work 
 was commenced. Further appropriations should await a 
 time when the resources of the State are less seriously 
 burdened for the erection and improvement of public build- 
 
72 Public Papers of Governok Cornell. 
 
 For the Thomas Asylum for orphan and destitute Indian children ; for perfect- 
 ing bathing arrangement ; for building cellar under laundry ; for repairs to 
 exterior of buildings and for erecting building for nursery rooms and hospital, 
 three thousand four hundred and fifty dollars. 
 
 This item is objected to, and not approved, for the reason 
 that it is believed to be an unnecessary amount for the pur- 
 poses indicated. 
 
 For the Western House of Refuge for Juvenile Delinquents, for deficiency 
 'in appropriations for erecting and furnishing an additional building for the 
 female department and the erection of a titohen and bakery ; for furnishing the 
 work rooms, school rooms, dormitories and attendants' quarters of the new 
 branch of such additional building ; for grading and improving the grounds ; 
 and for conveying steam heat throughout the buildings, ten thousand dollars ; and 
 
 For the erection of a new barn, five thousand dollars ; and 
 
 For the erection of additional buildings for a primary and a graduating depart- 
 ment for boys, sixty-five thousand dollars, but no part of this sum shall be 
 expended except upon plans to be approved by the Comptroller. 
 
 The several items for the Western House of Refuge for 
 Juvenile Delinquents are objected to, and not approved, for 
 the reason that it is not deemed for the interest of the State 
 that the proposed expenditures should be made a.t the present 
 time. 
 
 For the Society for the Reformation of Juvenile Delinquents, on Randall's 
 Island, for deficiency in appropriations for current expenses, thirty thousand 
 dollars. 
 
 For alterations of and additions to dormitory for employes, and for remodeling 
 dining room, three thousand dollars. 
 
 For the erection of a suitable building for storing coal, two thousand dollars; 
 and 
 
 For the erection of galleries in'the chapel and for furnishing and painting the 
 same, three thousand dollars. 
 
 The several items for the Society for the Reformation of 
 Juvenile Delinquents, on Randall's Island, are objected to, 
 and not approved, for the reason that they are deemed to be 
 unnecessary, and, therefore, unwise appropriations of public 
 money. 
 
 For the Seamen's Retreat Hospital on Staten Island, * * * and 
 For the erection of an iron fence around the hospital grounds and one around 
 the cemetery and necessary repairs of cemetery; for the introduction of steam 
 and other heating apparatus in the hospital; for insurance and for the completion 
 of repairs, painting and erection of new buildings as provided in chapter 373 of 
 the laws of 1879, the sum of twenty-three thousand nine hundred and fifty 
 dollars. 
 
Public Papees op Governoe Cornell. 73 
 
 This item is objected to, and not approved, for the reason 
 that it is deemed unwise to make the proposed improvement 
 at the present time. 
 
 For the Mariners' Family Asylum, on Staten Island, to reimburse it for moneys 
 paid for insurance, repairs, drainage and other improvements on and around the 
 buildings, the sum of seven thousand dollars; and 
 
 For painting and plumbing, for building a new roof to main building and erec- 
 tion of new barn, the sum of three thousand dollars. 
 
 The two items for the Mariners' Family Asylum, on Staten 
 Island, are objected to, and not approved, for the reason that 
 the proposed expenditures are not believed to be proper 
 for the State to assume. 
 
 For Charles Van Benthuysen and Sons, for printing, pursuant to concurrent 
 resolution passed March 12th, 1880, two thousand copies of the annual report of 
 the' Superintendent of the Insurance Department, fire and life portion complete, 
 two thousand copies fire and marine portion of said report, and fifteen hundred 
 copies of the life and casualty portion of said report, and for binding the same in 
 full cloth, gilt, to be paid upon the certificate of the Superintendent of the Insur- 
 ance Department of the completion and delivery of the said work, five thousand 
 four hundred and thirty-two dollars and nineteen cents; the said amount to be 
 paid from the surplus fund in the treasury arising from the excess of moneys paid 
 into the treasury by the Superintendent of the Insurance Department over and 
 above the moneys disbursed on account of said department: 
 
 For printing and binding pursuant to the resolution of the Assembly' adopted 
 May 19th, 1879, twenty -six hundred and twenty-five sets, being seven thousand 
 eight hundred and seventy-five volumes, of the annual report of the Adjutant- 
 General for eighteen hundred and sixty-eight, being a complete roster of the 
 ofiicers of the volunteer forces of this State during the late war for the preserva- 
 tion of the Union, payable upon due certificate of the proper completion and 
 delivery of the work, thirteen thousand one hundred and eighty-eight dollars 
 and .twenty -two cents, or so much thereof as may be necessary; 
 
 For printing and binding six thousand volumes of the natural history of the 
 State; volume five. Paleontology, text and plates, the sum of thirteen thousand 
 five hundred dollars, or so much thereof as may be required by the contracts for 
 the publication of said work now in force; 
 
 For printing testimony taken in the contested election case of Trowbridge 
 against Tighe, in 1879, forty-nine dollars and seventy-six cents; 
 
 For printing testimony taken in the investigation of the Brooklyn bridge, in 
 1879, two hundred and fifty-seven dollars and thirty seven cents; and 
 
 For printing testimony taken in the in'vestigation of the Kingston election case, 
 one hundred and sixty -three dollars and eighty cents. , 
 
 All of the several items for Charles Van Benthuysen & 
 Sons, are objected to, and not approved, for the reason that 
 several of them are believed to be covered by the contract for 
 10 
 
74 Public Papers of G-ovERisroE Coknell. 
 
 Legislative printing recently executed by tlie firm named, 
 and the rest are of snch a character as to render them 
 unsuited for legislative action without having been consid- 
 ered by the Board of Audit. 
 
 For Weed, Parsons and Company, for two copies of the Bankers' Code, two 
 copies of the Insurance Laws of the State of New York, and one copy of Web- 
 ster's Dictionary, furnished the Clerk of the Senate, pursuant to resolution of 
 the Senate passed January 37, 1880, to be paid on the certificate of the Clerk 
 of the Senate, twenty -five dolllars. 
 
 For printing three hundred copies of testimony in the matter of the contested 
 seat of George F. Carman against Charles T. Duryea, in 1879, to be paid on the 
 certificate of the Chairman of the Committee on Privileges and Elections of 
 the Assembly of 1879, sixty-six dollars and seventeen cents. 
 
 For printing and binding three thousand two hundred copies of the proceedings 
 of the Legislature of the State of New York, in commemoration of its removal 
 from the Old to the New Capitol, pursuant to resolution of the Assembly, passed 
 April 29th, 1879, to be paid on the certificate of the Clerk of the Assembly, three 
 hundred and seventy-two dollars and sixty-seven cents. 
 
 For printing seventeen thousand copies of the report of the Special Committee 
 of the Assembly on the State Normal schools, furnished pursuant to resolu- 
 tion of the Assembly, passed May 19th, 1879, and for packing and shipping the 
 same, to be paid on the certificate of the Clerk of the Assembly, eight hundred 
 and thirty -five dollars. 
 
 For printing, binding and furnishing materials, for Committee on General 
 Laws of the Assembly for 1879, to be paid on the certificate of the Chairman 
 of the Committee, one hundred and twenty dollars and sixty -five cents. 
 
 For printing testimony in the matter of the contested seat of Liddle against 
 Hynes, in the Assembly of 1880, to be paid on the certificate of the Chairman of 
 the Committee, seven hundred dollars. 
 
 For balance of account for printing and furnishing materials for the select 
 Committee of the Senate of 1878 and 1879, to revise the statutes, six hundred and 
 sixty-five dollars and twenty-one cents ; 
 
 For printing for the special Committee of the Senate of 1879, to revise civil, 
 penal and criminal codes, to be paid on the certificate of the Chairman of the 
 Committee, two thousand nine hundred and fifty-two dollars and fifty-seven 
 cents ; 
 
 For printing and lithographing reports of the State Cabinet of Natural History, 
 in 1879 and 1880, to be paid on the certificate of the Secretary of the Board 
 of Regents of the University, six hundred and twenty-three dollars ; 
 
 For furnishing eighteen hundred and sixty-six copies of the New York civil 
 list, pursuant to concurrent resolution of the Legislature passed May eighth, 
 1879, to be paid on the certificate of the Secretary of State, three thousand seven 
 hundred and thirty-two dollars ; 
 
 For seven thousand copies of the seventh annual report of the Adirondack 
 survey, furnished pursuant to concurrent resolution of the Legislature passed 
 April seventeenth, 1879, to be paid on the certificate of the Secretary of State, 
 twenty-four thousand five hundred dollars ; 
 
Public Papers of Governor Cornell. Tfi 
 
 For printing fifty copies of the minority report of the Special Committee on 
 Railroads, to be paid on the certificate of such minority, seventy-six dollars and 
 eighty cents ; 
 
 For furnishing seventeen sets, full bound, of file boards for Senate and Assem- 
 bly bills, journals and documents for the use of the State ofiicersi one hundred 
 and two dollars ; 
 
 For balance of account for printing and lithographing reports of State Cabinet 
 of Natural History, as per bill on file in Comptroller's ofiice, one hundred and 
 twenty-eight dollars and ten cents ; 
 
 For furnishing one hundred and fifty- three sets of Senate and Assembly file 
 boards for bills, for the Clerk of the Assembly, pursuant to resolution of the As- 
 sembly passed March fourth, 1880, two hundred and twenty-nine dollars and 
 fifty cents ; 
 
 For balance of account for printing, as per bill on file in the Comptroller's 
 oflace, Department of Public Instruction, ninety-five dollars and sixty-nine cents ; 
 for Assembly Committee on Commerce and Navigation, six hundred and fifty-one 
 dollars and nine cents ; for Clerk's manuals for Clerk of the Assembly, six 
 dollars and five cents, and for Commissioners to revise the statutes, twenty 
 dollars ; 
 
 For printing and binding twenty thousand copies of the report of the Special 
 Committee. on Railroads of 1879, furnished pursuant to resolution of the Assem- 
 bly, passed February sixth, 1880, to be paid on the certificate of the Clerk of the 
 Assembly, one thousand three hundred and forty-eight dollars; 
 
 For printing and binding fifty copies of chapters fourteen to twenty-one, inclu- 
 sive, of the revision of the statutes, for the use of the Judiciary Committee of the 
 Senate of 1880, to be paid on the certincate of the chairman of the committee, 
 fifty dollars; 
 
 For printing and binding, in cloth, proceedings of the University Convocation 
 of 1876, five hundred dollars, to be paid on the certifiate of the Secretary of the 
 Board of Regents; 
 
 For printing and binding, in cloth, the Manual of the Regents of the Univer- 
 sity for 1880, seven hundred dollars, to be paid on the certificate of the Secretary 
 of the Board of Regents; 
 
 For printing, lithographing, binding and stationery furnished the State 
 Museum of Natural History, five hundred dollars, to be paid on the certificate 
 of the Director of the Museum; 
 
 For printing twelve thousand copies of the report of the State Assessors, pur- 
 suant to concurrent resolution of the Legislature passed February twelfth, 1880, 
 eight hundred dollars; 
 
 For printing and lithographing one thousand copies of the Geological map 
 of the Catskill mountain region and the Southern counties of the State, and 
 printing the documenis accompanying the same, two thousand dollars, or so 
 much thereof as may be necessary, to be paid on the certificate of Secretary 
 of the Board of Regents; and 
 
 For six thousand copies of the seventh annual report of the Adirondack 
 survey, furnished pursuant to concurrent resolution of the Legislature passed 
 April thirteenth, 1880, to be paid on the certificate of the Secretary of State, the 
 sum of fifteen thousand dollars. 
 
 All of the several items for Weed, Parsons & Co., are 
 
76 Public Papers of 'Gtoveenoe Coewell. 
 
 objected to, and not approved, for the reason that several of 
 them are believed to be covered by the contract for legislative 
 printing, and the rest of them are of a character which brings 
 them under the prohibition of section 19, article 3 of the 
 Constitution, and necessitates their consideration by the 
 Board of Audit. 
 
 Free School Fund. 
 
 The appropriation made in chapter two hundred and seventy -two of the laws of 
 1879 in the following words, namely : 
 
 "For instruction in Academies and Union schools in the science and practice of 
 common school teaching, for the year eighteen hundred and seventy-nine, 
 pursuant to chapter four hundred and twenty-five of the laws of eighteen 
 hundred and seventy-seven, the sum of thirty thousand dollars, or so much 
 thereof as may be necessary, payable from the free school fund, to supply any 
 deficiency therefor in the income of the United States Deposit Fund, " is hereby 
 made applicable to any expenditures made in the fiscal year ending September 
 thirtieth, eighteen hundred and eighty, for the purpose therein mentioned. 
 
 This item is objected to, and not approved, for the reason 
 that the appropriations for the purpose indicated, for the 
 current year, are believed to be quite adequate to the inter- 
 ests involved. 
 
 For removing obstructions from the outlet of Cayuga lake and the channel of 
 Seneca river, to be expended under the direction of the Superintendent of Public 
 Works, in so deepening and improving the channel of said outlet and river, and 
 so increasing the water flow thereof, and completing and finishing the dredging 
 out of the same both above and below the aqueduct crossing said outlet, as fully 
 to compensate for the obstructions occasioned by the State works, and to restore 
 the original capacity of said outlet, the sum of thirty thousand dollars; but no 
 part of this appropriation shall be expended, unless in the judgment of the State 
 Engineer and Surveyor, the State works cause or contribute to the damages com- 
 plained of. 
 
 This item is objected to, and not approved, for the reason 
 that the next item following it is for deepening the channel 
 of the Cayuga Lake inlet. The latter item seems to have 
 merit in the fact that the lack of water in the lake greatly 
 impedes the navigation of the inlet. So long as this condi- 
 tion remains there is no necessity of increasing the capacity 
 of the outlet. 
 
 For the Adjutant-General, for paying to the Seventh Separate Company of 
 Infantry, Third Brigade National Guard (formerly the Third Separate Company 
 
Public Papers of G-overnoe Cornell. 77 
 
 of Infantry, Tenth Brigade, Third Division, National Guard), as commutation for 
 rations furnished said company from the twenty-third to the twenty-ninth day of 
 July, 1877, both inclusive, while on duty, under orders from the Commander- 
 in-Chief, three hundred dollars, or so much thereof as may be necessary, to be 
 paid on the audit of Adjutant-General and the approval of the Commander-in- 
 Chief. 
 
 This item is objected to, and not approved, for the reason 
 that the claim has heretofore been considered and rejected 
 by the military authorities of the State. 
 
 ALONZO B. COKNELL. 
 
 Commending the Honorable William P.- Letch worth. 
 President of the State Board of Charities. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, j 
 Albany, June 9, 1880. ( 
 The Honorable William P. Letch worth. President of the 
 State Board of Charities, of the State of New York, has been 
 requested by that Board to visit and inspect in other States 
 and countries the institutions for the care, training and refor- 
 mation of the dependent and delinquent classes, and to report 
 thereon to the Board. 
 
 Mr. Letchworth is a gentleman of worth, culture and dis- 
 tinction in this Commonwealth, and as such he is commended 
 to the courtesy of those whom he may meet in his mission. 
 It is especially requested that the managers and officers of 
 all institutions may afford him every reasonable facility to 
 enable him to successfully accomplish his humane purpose. 
 
 ALONZO B. CORNELL, 
 GonernoT of the State of New York. 
 
78 Public Papees or Goveebtoe Coenell. 
 
 Instexjctions to the Sheeipf of the City and Cotjwtt 
 OE New Yoek with Eefeeetstce to the Cattle 
 Disease. 
 
 STATE OF NEW YORK : 
 
 Executive Chambee, ) 
 Albany, June 15, 1880. f 
 
 Petee Bowe, Esq., Sheriff bf the County of New YorTc. 
 
 SiK : Under Executive order, issued February 12, 1879, 
 Greneral Marsena R. Patrick is acting as assistant to the 
 Governor for the suppression of pleuro-pneumonia among 
 cattle in the county of New York, pursuant to the provisions 
 of chapter 134 of the laws of 1878 ; and you and your depu- 
 ties are hereby directed to assist him in executing the law 
 relating to infectious and contagious diseases of animals, as 
 requested by him. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Heney E. Abell, 
 
 Private Secretary. 
 
 Idem, to Shbeiee of Rocklawd Couwty. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, June 15, 1880. ( 
 Hewey Cheistie, Esq., Sheriff of the County of Rockland. 
 Sie: Under Executive order issued February 12, 1879, 
 General Marsena R. Patrick is acting as assistant to the 
 Governor for the suppression of pleuro-pneumonia among 
 cattle in the county of Rockland, pursuant to the provisions 
 of chapter 134 of the laws of 1878 ; and yoii and your deputies 
 are hereby directed to assist him in executing the law relating 
 
Public Papers of Goveknoe Coenell. 79 
 
 to infectious and contagious diseases of animals, as requested 
 by him. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Heney E. Abell, 
 
 Private Secretary. 
 
 Idem, to Sheeife of Richmond County. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, June 15, 1880. f 
 Abeam V. Connoe, Esq , Sheriff of the County of Rich- 
 mond. 
 
 Sir : Under Executive order issued February 12, 1879, 
 General Marsena R. Patrick is acting as assistant to the Gov- 
 ernor for the suppression of pleuro-pneumonia among cattle in 
 the county of Richmond, pursuant to the provisions of chap- 
 ter 134, of the laws of 1878 ; and you and your deputies are 
 hereby directed to assist him in executing the law relating to 
 infectious and contagious diseases of animals, as requested 
 by him.. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Heney E. Abell, 
 
 Private Secretary. 
 
80 Public Papees of Goteenoe Coenell. 
 
 Idem, to Sheeiff of Queens County. 
 STATE OF NEW YOEK : 
 
 Executive Cham bee, i 
 Albany, June 15, 1880. ) 
 
 Alowzo B. Weight, Esq., Sheriff of the County of Queens. 
 
 SiE : Under Executive order, issued February 12, ] 879, 
 
 General Marsena E,. Patrick is acting as assistant to the 
 
 Governor for the suppression of pleuro-pneumonia among 
 
 cattle in the county of Queens, pursuant to the provisions of 
 
 chapter 134 of the laws of 1878 ; and you and your deputies 
 
 are hereby directed to assist him in executing the law relating 
 
 to infectious and contagious diseases of animals, as requested 
 
 bv him. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Heney E. Abell, 
 
 Prwate Secretary. 
 
 Idem, to Sheeiff op Putnam County. 
 
 STATE OF NEW YORK : 
 
 Executive Chambee, ) 
 Albany, June 15, 1880. \ 
 James 0. Cole, Esq., Sheriff of the County of Putnam. 
 
 Sie : Under Executive order issued February 12, 1879, 
 General Marsena R. Patrick is acting as assistant to the 
 Governor for the suppression of pleuro-pneumonia among 
 cattle in the county of Putnam, pursuant to the provisions 
 of chapter 134 of the laws of 1878 ; and you and your dep- 
 uties are hereby directed to assist him in executing the law 
 relating to infectious and contagious diseases of animals, as 
 
 requested by him. 
 
 ALONZO B. CORNELL. 
 
 By the Governor : 
 
 Heney E. Abell, 
 
 Private Secretary. 
 
Public Papers of Governor Cornell. 81 
 
 Idem, to Sheriff of Westchester County. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, June 15, 1880. f 
 James C. Courter, Esq., Sheriff of the County of West- 
 chester. 
 
 Sir : Under Executive order issued February 12, 1879, 
 General Marsena R. Patrick is acting as assistant to the 
 Governor for tlie suppression of pleuro-pneumonia among 
 cattle in the county of Westchester, pursuant to the pro- 
 visions of chapter 134, of the laws of 1878 ; and you and your 
 deputies are hereby directed to assist him in executing the 
 law relating to infectious and contagious diseases of animals, 
 
 as requested by him. 
 
 ALONZO B. CORNELL. 
 
 By the Governor : 
 
 Henry E. Abell, 
 
 Private Secretary. 
 
 Objections Filed with Assembly Bill No. 662, Con- 
 ferring Additional Authority upon the Clerk of 
 Richmond County. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, June 17, 1880. \ 
 
 [Filed witli tlie Secretary of State.] 
 
 Memoranclim filed with AssemUy bill No. 662, not ap- 
 proved, entitled ''An act to authorize and direct the 
 County Clerk of Richmond county, to record certain 
 papers now on file in the Richmond County Clerk's 
 
 office.' ' 
 
 This bill authorizes the recording of certain papers in the 
 Clerk's office of Richmond county, which, it is alleged, 
 11 
 
82 Public Papees of Goveewoe Coewell. 
 
 former clerks have neglected to record, and provides that 
 the Clerk shall receive as compensation the same fees as are 
 now allowed by law for like services, to be paid by the 
 County Treasurer. This is clearly in violation of section 18 
 of article 3 of the Constitution, in creating, by a local bill, 
 new fees for a public officer during his term of service. 
 
 If the proposed work is necessary and desirable, an act 
 should be passed enabling the Board of Supervisors to exer- 
 cise proper discretion and authority in the matter. 
 
 ALONZO B. COBNELL. 
 
 Objections Filed with Senate Bill JSTo. 391, Relating to 
 A Sep ABATE Road Disteict in Middletown, Richmond 
 County. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, June 17, 1880. f 
 
 [Filed witli the Secretary of State.] 
 
 Memorandum filed with Senate Mil No. 391, not approved, 
 
 entitled '■'■An act to amend chapter eight hundred and 
 
 eighteen of the laws of eighteen hundred and sixty-six, 
 
 entitled ' An act to create a separate road district in the 
 
 town of Middletown, Richmond County.'' " 
 
 This bill amends the act creating a separate road district in 
 
 the town of Middletown, Richmond county, by providing that 
 
 the Commissioner of highways ' ' shall have power and he is 
 
 hereby authorized to widen, alter, enlarge and lay out any 
 
 and all roads now in use in said road district, to the width 
 
 of three rods, and to macadamize the same." 
 
 This involves a disregard of the rights of the people to 
 regulate their local affairs, which seems to me to be unjusti- 
 liable. If the people desire to have "any and all roads" 
 macadamized they are quite competent to make the necessary 
 
Public Papers of Governoe Cornell. 83 
 
 provision therefor, and it is unjust for the Legislature to 
 force them to make such improvements against their will. 
 
 ALONZO B. CORNELL. 
 
 Objections Filed with Assembly Bill No. 697, Making 
 Appropriations on Awards by the State Board of 
 Audit. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, June 18, 1880. I 
 
 [Filed with the Secretary of State.] 
 
 Statement of items of appropriation objected to, and not 
 approved, in Assembly bill No. 697, entitled ''An act 
 tnaTiing appropriations for tlie payment of certain, awards 
 by the State Board of Audit. ''^ 
 
 The following items herein enumerated, contained in 
 Assembly bill No. 697, entitled "An act making appro- 
 priations for the payment of certain a^vards made by the 
 State Board of Audit," are objected to, and not approved, 
 for reasons hereinafter stated. 
 
 " For Timothy J. Sullivan, eight thousand three hundred and forty-six dollars 
 and eighteen cents." 
 
 This item is objected to, and not approved, for the reason 
 that it is believed the claim should not have been allowed by 
 the Board of Audit. 
 
 Mr. Sullivan contracted with James W Eaton, Super- 
 intendent of the New Capitol, August 8, 1874, to furnish rolled 
 iron beams, riveted plate and box girders, &c., for the New 
 Capitol, under certain specifications. It apj)ears that in 
 executing the contract Sullivan was unable to furnish the 
 material of the exact dimensions specified, and could only 
 procure material slightlj' under or in excess of the specifica- 
 tions. The architect refused to receive material below the 
 standard ; hence it became necessary for Sullivan to furnish 
 
84 Public Papers of Goveknoe Cobnell. 
 
 the heavier material. 
 
 After the execution of the contract on the eighth of 
 November, 1875, his account was audited by Superintendent 
 Eaton for $59,961.82, from which were deducted former pay- 
 ments of $53,000, leaving a balance of $6,961.83, for which 
 amount a certificate was given by the New Capitol Com- 
 missioners, which was liquidated by the Comptroller by 
 warrant dated November 23, 1875, to which is attached the 
 following affidavit : 
 
 "STATE OF NEW YORK, 
 
 Albakt City and County, \ 
 
 T. J. Sullivan, of Albany, New York, being duly sworn, 
 deposes and says, that the account rendered and the articles 
 specified in the annexed bill, iron beams and girders 
 furnished in accordance with contract, ,$59,961.82, were 
 actually furnished as charged to the ' New Capitol Com- 
 mission,' for the use of the State; that the amounts stated 
 therein are the true and correct, amounts due for the said 
 articles, and that the prices charged for the said articles as 
 stated in said account are the fair cash market prices for 
 the same, as this deponent believes, and that the quantities 
 and amounts are correctly stated in said account. 
 
 (Signed) T. J. SULLIVAN. 
 
 Subscribed and sworn to this 23d day j 
 
 of November, 1875, before me. ( 
 (Signed) Hbney Gallien, 
 
 Notary Public, Albany, New York.''' 
 
 The following receipt is also attached to the warrant : 
 
 "TREASURER'S OFFICE, \ 
 State op New York, j 
 
 Received from Thomas Raines, Treasurer of this State, 
 sixty-nine hundred and sixty-one dollars and eighty-two 
 cents in full of the above warrant. 
 
 Albany, November 23, 1875. 
 
 (Signed) T. J. SULLIVAN." 
 
Public Papers of Governor Cornell. 85 
 
 It thus appears that Mr. Sullivan's claim under his contract 
 was duly audited and paid. 
 
 One of the conditions incorporated in the contract afore- 
 said, is as follows : 
 
 " It is further agreed between the said parties that this 
 
 contract is entered into upon the condition that the said 
 
 ■ party of the second part shall not apply to the Legislature 
 
 for any compensation over and above the prices named in this 
 
 contract for any beams, girders or other material delivered." 
 
 Article 3, section 4 of the Constitution says : 
 
 " The Legislature shall not ****** grant 
 any extra compensation to any public officer, servant, agent 
 or contractor." 
 
 It seems, therefore, tha.t there are three several reasons why 
 this claim should not be allowed : 
 
 1st. Because the account was audited and settled by the 
 New Capitol authorities, and liquidated by the financial 
 officer of the Sta.te upon an unqualified receipt from Sullivan. 
 
 2d. That Sullivan stipulated in his contract, not to apply 
 to the Legislature for any compensation over and above the 
 prices named in the contract. 
 
 3d. Because of the constitutional prohibition against al- 
 lowing extra compensation to any contractor. 
 
 "Tor Allen Rutherford, two thousand six hundred and three dollars and ten 
 cents." 
 
 This item is objected to, and not appi^oved, for the reason 
 that the 9th Militia Regiment was assisted by the Union 
 Defense Committee of the city of New York for clothing, 
 equipment, outfit and rations to the amount of ,^33,791.49, 
 being at the rate of $40 per capita for 850 men. 
 
 The following statement of amounts expended by the 
 Union Defense Committee in aid of ths several New York 
 City Militia Regiments, shows that the 9th Regiment, to 
 which Captain Rutherford's Company belonged, received 
 
86 Public Papees of Governor Cornell. 
 
 a mucli larger sum than any of the other Regiments, viz. : 
 
 New York State Militia. 
 
 2d Regiment, Colonel Tompkins, clothing, equip- 
 ment, outfit and rations $25,246 96 
 
 5th Regiment, Colonel Schwarzwaelder, clothing, 
 equipment, outfit and rations 9,576 19 
 
 6th Regiment, Colonel Pinckney, clothing, 
 equipment, outfit and rations 2,950 00 
 
 8th Regiment, Colonel Lyons, clothing, equip- 
 ment, outfit and rations 14,200 63 
 
 9th Regiment, Colonel Stiles, clothing, equip- 
 ment, outfit and rations 33,791 49 
 
 12th Regiment, Colonel Butterfield, clothing, 
 
 equipment, outfit and rations 14,383 83 
 
 56th Regiment, Colonel Le Gal, clothing, equip- 
 ment, outfit and rations 4,341 44 
 
 69th Regiment, Colonel Corcoran, clothing, 
 equipment, outfit and rations 26,618 83 
 
 71st Regiment, Colonel Martin (late Vosburgh), 
 clothing, equipment, outfit and rations 10,417 00 
 
 79th Regiment, Colonel Cameron, clothing, 
 
 equipment, outfit and rations 16,911 60 
 
 Total $157,336 97 
 
 It therefore appears that liberal, and, indeed, generous 
 assistance was provided for the regiment, which ought to 
 have been abundant for the purpose indicated. 
 
 In his testimony before the Board of Audit, Captain Ruth- 
 erford says: "In 1872 or 1873 General Stonehouse and 
 General Franklin Townsend were settling the claims of the 
 State of New York then coming before my office (Ruther- 
 ford at the time being third Auditor of the United States 
 Treasury Department), "and I mentioned the fact of my 
 
Public Papers of Governor Cornell. 87 
 
 having disbursed these moneys ; they suggested that I get up 
 a bill and present to the Legislature. In accordance with that 
 suggestion I handed all the bills to General Townsend, who 
 presented the matter to the Legislature." 
 
 Thus it appears that Rutherford had allowed the matter to 
 remain 11 or 12 years before it ever occurred to him to make 
 any claim. 
 
 In view of all these circumstances, it appears to me that the 
 claim is of very doubtful validity, and should be subjected to 
 more careful consideration than it has yet received. 
 
 ALONZO B. CORJSrELL. 
 
 Ob.jeotions Filed with Assembly Bill No. 458, Amend- 
 ing THE Revised Statutes Relating to Taxation. 
 
 STATE OP NEW YORK : 
 
 Executive Chamber, i 
 Albany, June 19, 1880. \ 
 
 [Piled with the Secretary of State.] 
 
 Memorandum, filed with Assembly bill No. 458, not ap- 
 pro^)ed, entitled ^^ An act t<x amend section two of title 
 one of chapter thirteen of part one of the Renised 
 Statutes y 
 
 This bill was intended to provide a broader basis of assess- 
 ments for taxation. Unfortunately, however, by an error in 
 construction, it is made to specially exempt several classes 
 of property which are proper subjects of taxation, and 
 which it was doubtless the intention of the Legislature to 
 make liable to assessment. 
 
 In attempting to amend the bill so as to "except street 
 surface railroads." the exception is made to apply also to 
 ••all gas, oil, steam heat, and water pipes owned by any 
 incorporated company, including such pipes laid in any 
 public street or place, and telegraph poles and wire, wires 
 
88 Public Papers of Governor Cornell. 
 
 and other fixtures used for electrical light or for telegraph 
 companies," and evidently defeats, to a considerable extent, 
 the object of the bill. 
 
 As the subject treated is the very basis of a large propor- 
 tion of the public revenue, it is deemed imprudent to incor- 
 porate into the statute a provision of doubtful interpretation 
 and thus invite and promote litigation in regard to the 
 validity of assessments. It seems wiser to allow the matter 
 to go over to the next Legislature, when the amendment can 
 be carefully perfected and made to accomplish the desired 
 purpose. 
 
 ALONZO B. CORNELL. 
 
 Memorandum Filed with Bill in Relation to Unpaid 
 Taxes in the city of Brooklyn. 
 
 STATE OP NEW YORK : 
 
 Executive Chamber, ) 
 Albany, June 21, 1880. \ 
 
 [Filed with the Secretary of State.] 
 
 Memorand^iin filed with Senate Mil No. 406, entitled ^'An 
 act In relation to unpaid taxes and assessments in the city 
 of BrooTdyn.''^ Duly approved. 
 
 This bill has been the subject of especially careful consid- 
 eration, from the fact that while its approval has been 
 earnestly advocated by many citizens of Brooklyn, it has 
 been strongly opposed by others. The weight of evidence, 
 however, appears to be decidedly in favor of its passage, 
 although certain of its provisions seem susceptible, perhaps, 
 of conflicting interpretation. The most serious fault rests 
 with that portion of the second section which reads as fol- 
 lows : "Or the person liable, having paid one or more 
 installments, as provided in this section, may pay the balance 
 remaining unpaid at any time, with interest at the rate of 
 
Public Papers of Gtoveenoe Cornell. 89 
 
 six per centum per annum from the said first day of October, 
 1880, and whenever full payment shall be made, the lienss 
 as aforesaid on such lands shall be discharged, as in this 
 section provided." 
 
 It was probably the intent of the Legislature to permit 
 the payment at any time within five years, and it is pre- 
 sumed the courts would so interpret the meaning of this 
 provision. It ought not to be necessary, however, to allow 
 the question to become a matter of litigation. No issue can 
 arise under this cla^^se before October, 1881, and an amend- 
 ment by the next Legislature, making it more definite, will 
 be quite as effective as though incorporated in the present 
 bill. 
 
 The final clause of the second section is also somewhat 
 obscure in its language ; but careful reading seems to render 
 its meaning quite evident, and it does not appear liable to 
 misconstruction. 
 
 The main argument advanced by the opponents of the bill 
 is, that it will largely increase the permanent debt of the 
 city, by converting temporary certificates of indebtedness 
 into long bonds. The argument would be valid if the 
 city enjoyed a revenue adequate to the liquidation of the 
 certificates. This, however, is not likely to be realized with- 
 out a considerable increase in the rate of taxation. A very 
 large amount of property is now hopelessly in default, and 
 unless some remedy is adopted by which its taxpaying power 
 can be restored, it will remain a dead weight upon the city. 
 In the earnest hope that the desired result can be accom- 
 plished by this bill, and relying upon the Legislature next 
 year for such amendments as will remove any doubtful 
 questions which.- may arise as to its meaning, it has been 
 
 approved. 
 
 ALONZO B. CORNELL. 
 12 
 
90 Public Papees of Goveenok Coenell. 
 
 Objections Filed with the Code of Ceiminal Pro- 
 
 CEDUEE. 
 
 STATE OF NEW YORK : 
 
 Executive Ciiameee, , 
 Albany, June 26, 1880. f 
 
 [Filed with the Secretary of State.] 
 
 Memorandum Filed with Assembly bill iVb. 184, not 
 
 approved, entitled "An act to establish a Code of 
 
 Criminal Procedure.'''' 
 
 The Code of Criminal Procedure is regarded in its general 
 features as a meritorious measure, and it has been my earnest 
 desire to approve it. Careful examination, however, con- 
 vinces me that certain of its provisions should receive further 
 and more deliberate consideration by the Legislature befdre 
 they are incorporated into the Statutes. This is especially 
 the case in several particulars involving personal and indi- 
 vidual rights. 
 
 While it is desirable to promote efficiency in the adminis- 
 tration of the laws against evil-doers, it is equally important 
 to avoid unnecessary hardships where innocent and law- 
 abiding citizens are concerned. The increase of authority for 
 summary arrest on suspicion both by officers and citizens, 
 which i^ provided for in the Code, is a marked encroachment 
 upon the rights of individuals, and is liable to great abuse. 
 Furthermore, the limitation of opportunity to furnish bail in 
 cases of arrest, is an abridgment of personal rights calculated 
 to work great injustice, even if it does not impair the consti- 
 tutional protection guaranteed to every citizen in the privilege 
 of the writ of habeas corpus. 
 
 Authority is also conferred upon an officer, who, suspecting 
 that a person charged with felony may be in a dwelling house 
 or other building, to enter without warrant, and " break open 
 an outer or inner door or window." If the officer has reason- 
 
Public Papers of Governoe Cornell. 91 
 
 able cause for believing tbat the suspected person has com- 
 mitted a felony, he "is justified in making the arrest, though 
 it afterward appear that a felony had iiot been committed." 
 In many cases such authority might produce good results, but 
 it also affords unreasonable license for the invasion of a 
 private domicile, and, in my opinion, cannot be justified as a 
 matter of public policy. 
 
 In narrowing the privilege of sanctity in cases of confession 
 of crime, which now exists, the opportunity of securing 
 State' s evidence from participants in criminal acts is reduced 
 in a large degree. Disclosures of this character are frequently 
 the only resources of evidence in crimes of the most flagrant 
 type, and should remain available to secure the ends of justice. 
 
 Other provisions of the bill are open to serious objection, 
 but those cited are sufficient to indicate the importance of 
 closer scrutiny into the details of the measure, and induce me 
 to withhold my approval. The date fixed for the Code to 
 take effect is September first, 1881, and is sufficiently remote 
 to enable the Legislature to again pass upon the subject, and 
 still leave several months of time for the Courts, the legal 
 profession and the people to familiarize themselves with the 
 new law, before the time designated. 
 
 ALONZO B. CORNELL. 
 
 To THE Secretary of State Relative to the Boundary 
 Line Between New York and Connecticut. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, July 3, 1880. ( 
 Sir: Having received from the Governor of the State of 
 Connecticut, a certified copy of the joint resolution of the 
 
92 Public Papers of Governor Cornell. 
 
 General Assembly of that State, ratifying the agreement had 
 between the commissioners appointed by the State of Con- 
 necticut on the one. part, and the commissioners appointed 
 by the State of New York on the other part, in the matter of 
 the Boundary Line between the States of Connecticut and 
 New York ; therefore, pursuant to chapter 213 of the laws 
 of 1880, section 2, it is hereby requested that the enclosed 
 certified copy of said agreement, ratified by the General 
 Assembly of Connecticut, and received by me from the 
 Governor of that State, be placed on file as due notice of 
 the confirmation of said agreement as in the act referred 
 to provided. 
 
 Very respectfully, 
 
 ALONZO B. CORNELL. 
 To the Hon. J. B. Carr, Secretary of State. 
 
 Annulling Requisition for the Surrender of one 
 Thomas Mathews. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, July 21, 1880. j 
 To His Excellency, Henry M. Hoyt, Governor of the State 
 of Pennsylvania : 
 Whereas, On the twentieth day of March, 1880, a requisi- 
 tion was issued by me upon the Governor of the State of 
 Pennsylvania, for the surrender of one Thomas Mathews, 
 charged with the crime of larceny and with being a fugitive 
 from justice, from the State of New York, and 
 
 Whereas, It appearing to my satisfaction that the process 
 was sought for the accomplishment of private ends, and not 
 in the interest of public justice ; 
 Now, therefore, the said requisition is hereby revoked, 
 
Public Papers of Goveenoe Coenell. 93 
 
 and the demand thereunder made for the surrender of the 
 said Thomas Mathews is hereby annulled. 
 
 Given under my hand and the privy seal of the State. 
 [l. S.J this twenty -first day of July, in the year of oui- 
 Lord one thousand eight hundred and eighty. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Heney E. Abell, 
 
 Private Secretary. 
 
 To THE State Board of Health, Transmitting Com- 
 
 PLAITSTT OF THE BoARD OF HEALTH OF HaRT'S FALLS. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, | 
 Albany, August 3, 1880. f 
 To the State Board of Healt?i. : 
 
 The Board of Health of the village of Hart's Falls, Rens- 
 selaer county, have made formal complaint to me of an obstruc- 
 tion in the channel of the Hoosick river adjacent to that village, 
 which, by diverting the water of the river from its natural 
 channel, has rendered the locality extremely unhealthy ; and 
 submitting therewith, statements by several physicians as 
 to the present sanitary condition of the village. These papeis 
 are herewith transmitted with the request that the State Board 
 of Health promptly examine the alleged nuisance and make 
 early report thereof for my information and guidance. 
 
 Yours very respectfully, 
 
 ALONZO B. CORNELL. 
 
94 Public Papebs of G-ovEEisroE Cornell. 
 
 To THE Matob of New Yoek Relating to Lotteries. 
 
 STATE OP NEW YORK : 
 
 Executive Chamber, > 
 Albany, August 5, 1880. | 
 Hon. Edward Cooper, Mayor of tJie City of New York. 
 
 Sir : The Constitution declares that the sale of lottery 
 tickets shall not be allowed in this State, and laws designed 
 to enforce this wise provision have been duly enacted. That 
 these laws are openly and flagrantly violated in the city of 
 New York, the advertising columns of several of the daily 
 newspapers of that city testify. 
 
 As the chief executive officer of the city of New York, you 
 are therefore requested to see that the proper local officials 
 take the necessary steps faithfully and efficiently to execute 
 these laws, and prohibit this unconstitutional and unlawful 
 traffic. The District Attorney of your county has been 
 directed to co-operate with you in the matter. 
 
 Yours respectfully, 
 
 [L. S.J ALONZO B. CORNELL. 
 
 the Governor : 
 
 Henry E. Abell, 
 
 Private Secretary. 
 
 To THE District Attorney of New York Relating to 
 
 Lotteries. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 Albany, August 5, 1880. [ 
 Hon. B. K. Phelps, District Attorney of New YorJc County. 
 Sir : The attention of the Mayor of New York city has 
 been this day directed to the flagrant violation of the Consti- 
 tution and laws of this State, with reference to the sale of 
 
Public Papers of Goveewoe Coenell. 95 
 
 lottery tickets, and you are hereby directed to co-operat(^ 
 with that officer in suppressing the illegal traffic. 
 
 Yours respectfully, 
 [L. s.] ALONZO B. CORNELL. 
 
 By the Governor : 
 
 Henry B. Abell, 
 
 Private Secretary. 
 
 To THE Governor of Conistecticut in the Matter of 
 THE Boundary Line Between that State and New 
 
 YOEK. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, August 5, 1880. f 
 
 Sir : Your letter of the 4th of June last, enclosing a certi- 
 tied copy of the resolution of the General Assembly of the 
 State of Connecticut, ratifying th^ agreement of the joint 
 commission establishing the boundary lines between the 
 States of New York and Connecticut, was duly received. 
 The congratulation expressed in view of the settlement of a 
 question so long unadjusted, is especially fitting, and most 
 cordially reciprocated. 
 
 By direction of the Legislature of this State, a certified 
 copy of chapter 213, of the laws of New York, jjassed May 8. 
 1880, entitled "An act to ratify and confirm the agreement 
 in relation to the boundary lines between the State of New 
 York and the State of Connecticut, entered into by com- 
 missioners on the part of said States," is herewith trans- 
 mitted. Pursuant to section 3 of said act, a memorial tu 
 Congress, in quadruplicate, is respectfully submitted for 
 vour concurrence, touching the joint action of the two 
 States on the subject contained, and requesting the approval 
 of the same by Congress. 
 
96 Public Papers of Goveezstor Corn"ell. 
 
 While making this communication to Congress, it is sug- 
 gested that in order to preserve a complete record of every 
 proceeding relative to this matter it would not be inappro- 
 priate to deposit a copy of the memorial, duly authenticated, 
 in the office of the Secretary of State, in each State. Ac- 
 cordingly, therefore, a suitable number of copies have been 
 prepared and attested by me ; and if commended to your 
 judgment, be pleased to return two of them to me with 
 your signature affixed, together with copies of the joint 
 resolution of your G-eneral Assembly, for the purpose and 
 uses mentioned. 
 
 Yours very truly, 
 
 ALOJSrZO B. CORNELL. 
 
 His Excellency, Charles B. Andrews, governor of tJi« 
 State of Connecticut. 
 
 Transmitting to the State Board of Health Com- 
 plaint OF THE Authorities of the City of Buffalo. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ^ 
 Albany, August 16, 1880. ( 
 To the State Board of Health : 
 
 Inclosed is a communication from the Mayor of the city of 
 Buffalo, transmitting a resolution of the Common Council of 
 that city, making complaint of the condition of the Main and 
 Hamburgh canal as affecting the health of the city ; and also 
 a communication from the Superintendent of Public Works, 
 on the same subject. 
 
 You are requested to give attention to this subject, and 
 make such recommendation as shall seem proper. 
 Yours very respectfully, 
 
 ALONZO B. CORNELL. 
 
Public Papers of Governoe Cornell. 97 
 
 Order for the Inspection of Cattle on the Farm of 
 WjLLiAM Clark, Oswego County. 
 
 STATE OP NEW YOEK : 
 
 Executive Chamber, i 
 Albany, September, 4, 1880. f 
 Professor James Law, Cornell University, Ithaca, N. Y. 
 
 Complaint reaches me that pleuro-pnenmonia has ap- 
 peared on the farm of William Clark, three miles west of 
 Oswego city. Several cattle have died and others now 
 sick. Will you please visit the herd immediately and report 
 to me what the disease is, and what steps are necessary 
 to protect public interests. Answer by telegraph when you 
 can go. 
 
 [By telegraph] ALONZO B. CORNELL. 
 
 Report of Professor Law on the Same Subject. 
 
 To His Excellency, Alonzo B. Cornell, Gomrnor of the 
 State of New York. 
 
 Sir ; In accordance with your telegram I visited the farm 
 of William Clark, near Oswego, and found on investigation 
 that his cattle were dying of Texas fever, in place of con- 
 tagious pleuro-pneumonia, as reported. I made post-mortem 
 examinations of two cows that had died just before, and 
 found all the lesions of the Texas disease in a most pro- 
 nounced and unequivocal form ; upon live sick but still 
 surviving cows, I found the same decided symptoms, and 
 among the remaining eighteen head that were still supposed 
 to be well, one showed a rise of temperature and other 
 initial symptoms of the disease. 
 
 The record of Mr. Clark's business transactions fully bore 
 13 
 
98 Public Papers of Governor Cornell. 
 
 out this conclusion. On July 1, he bought twenty -four 
 Cherokee steers in Buffalo, and on the arrival of these at 
 Oswego, he drove them to his farm and kept them from 
 Wednesday to Monday in an orchard adjoining his barns 
 and communicating with them. For three or four weeks 
 after this his dairy cows had no access to this inclosure, 
 but since that time they have been occasionally in the 
 orchard. On the 27th of August, the first of these cows 
 died. This left about a month (the usual incubation of 
 Texas fever) between the first exposure of the cows in the 
 orchard and the occurrence of disease. Splenic apoplexy, 
 which strongly resembles Texas fever in its symptoms and 
 lesions, was excluded by the fact that pigs had eaten the 
 offal with impunity. Pigs are very susceptible to the first 
 of these diseases, and not at all to the second. The idea of 
 splenic apoplexy was further excluded by the absence from 
 the blood, etc., of microscopic organisms that characterize 
 that disease, while those betraying the presence of Texas 
 fever were abundant. 
 
 Texas fever being conveyed only by the droppings of cattle 
 from near the gulf coast, it became needful to guard against 
 the introduction of fresh animals into the orchard in ques- 
 tion, and the barns; and as the owner has already received a 
 severe lesson, and as my instructions were given in the 
 presence of a large company of farmers and others, there is 
 little fear of any further exposure during the present season, 
 and the frosts of winter will thoroughly destroy the con- 
 tagion. 
 
 I further furnished advice for the cleansing and disinfec- 
 tion of the buildings, and for the treatment of the healthy (?) 
 and sick. 
 
 Other alleged outbreaks in the same district turned out 
 to be mere accidental ailments, as from an overfeed of 
 apples, etc. 
 
Public Papeks of Goveenoe Coenell. 99 
 
 So far, then, as regards the cattle disease at Oswego, there 
 need be no further apprehension. The worst that can hap- 
 pen will be the death of one or two more of Mr. Clark's herd. 
 His neighbors have nothing to fear, unless they allow their 
 cattle to enter his proscribed orchard. 
 
 The broader question of the protection of the State against 
 these constant incursions of Texas fever is a much more diffi- 
 cult one than it was during the panic of 1868. Then the 
 gulf coast cattle were easily recognized by their enormous 
 horns and lank, bony frames. Now much of the stock from 
 the South are half or three-fourths shorthorn, and are indis- 
 tinguishable from Northern cattle. If, therefore, the Middle 
 States cannot be persuaded to enforce the protective laws 
 against the transit of the Texas, etc. , cattle northward during 
 the Summer season, which laws were so judiciously enacted 
 in 1868, the Northern and Eastern States will continue to be 
 at the mercy of unscrupulous cattle dealers, and nothing 
 short of the interference of the Federal government can pro- 
 tect them. I would respectfully suggest that the Executives 
 of the various Northern and Eastern States be requested to 
 join in representing the danger to the authorities in the 
 Middle States, and urging upon them the necessity for a 
 more rigid execution of the laws against the Summer intro- 
 duction of the Southern cattle, together with the re-enact- 
 ment of such laws in cases where they have lapsed. 
 
 Respectfully, 
 
 JAMES LAW, 
 CorTiell University, Ithaca, JV. T., September 7, 1880. 
 
100 Public Papers op Goveewok Coenell. 
 
 Tx the Matter of an Order in the Case of tpie Peo- 
 ple EX rel. Babette Stemmler, vs. John Kelly,. 
 Comptroller, &c. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, September 14, 1880. ( 
 
 In the case of The People ex rel. Babette Stemmler against 
 John Kelly, as CoinptroUer, &c., in the New York Supreme 
 Court. 
 
 Upon being served with an order from His Honor, Judge 
 Beach, dated August 5th, for the^ examination of Alonzo B. 
 Cornell and Henry E. Abell, that their testimony may be 
 used upon the motion for a peremptory writ of mandamus 
 therein, accompanied by a deposition prepared for signature, , 
 which does not truly state the facts therein mentioned, 
 the Governor, with every consideration of respect for the 
 Court, makes the following answer : 
 
 The proper places of inquiry for the ascertainment of the 
 enactment of laws of this State, are the officially . published 
 volumes of the laws, and the office of the Secretary of State, 
 where all enacted statutes are placed on record. That any 
 inquiry as to the details or particulars of the discharge of 
 his constitutional prerogatives in the Executive Chamber, is 
 an unwarranted and unconstitutional interference with those 
 prerogatives, and is an implied censure upon the integrity 
 and propriety of such official action. There is but one 
 tribunal authorized to make such inquiry, and the Governor 
 is unwilling to be questioned by any other authority. He 
 therefore declines to make such deposition, and to be ex- 
 amined in the case above entitled, or to permit his Private 
 Secretary, or any other person officially connected with the 
 Executive Chamber, to be examined in the said case for such 
 purpose. As a matter of courtesy to the Court, however, he 
 
PuBi.ic Papers of Goveenok Cornell. 101 
 
 will state in this connection that the bill to which this order 
 relates, was never approved by the Governor. 
 
 ALONZO B. CORNELL. 
 
 Proclamation, Appointing a Day op Thanksgiving. 
 
 STATE OP NEW YORK, i 
 Executive Chamber. \ 
 
 PROCLAMATION, 
 By Alonzo B. Cornell, Governor. 
 
 With grateful acknowledgment of Divine favor, and in 
 conformity with a custom long honored by our forefathers, 
 and recognized by the law of this State, Thursday, the 
 twenty-fifth day of November, instant, is hereby designated 
 and set apart as a day of Thanksgiving, for the manifold 
 blessings we have been permitted to enjoy during the past 
 year. 
 
 The seasons in their course have been propitious, and 
 bountiful harvests have rewarded the toil of the hxisband- 
 nian. Renewed prosperity in commercial and manufactur- 
 ing enterprises has furnished labor with ready employment, 
 while comfort and contentment have dwelt in the homes of 
 industry. The public health has been good ; peace and 
 order have prevailed, and the laws have been duly enforced, 
 
 Thankful for these especial manifestations of the infinite 
 goodness of our Heavenly Father, and recognizing absolute 
 dependence upon Him for our existence, happiness and 
 prosperity, it is recommended that on the day herein 
 appointed the people of this State abstain from their usual 
 vocations, and assembling in their accustomed places of 
 worship, give due expressions of gratitude for His protec- 
 tion and guidance. Having discharged this sacred duty. 
 
102 Public Papers of Gtoveenoe Cornell. 
 
 let it also be a day for the re-union of families and the 
 renewal of the ties of friendship. While thns engaged 
 forget not the unfortunate and needy, but remember them 
 with generous heart and open hand, accordingly as each 
 may have been blessed with ability to bestow. 
 
 Done at the Capitol, in the city of Albany, this first 
 [SEAL.] day of November, in the year of our Lord one 
 thousand eight hundred and eighty. 
 
 ALONZO B. COKNELL. 
 By the Grovernor : 
 
 Henry E. Abell, 
 
 Private Secretary. 
 
 Answer to a Writ oe Certiorari in the Case of John 
 Jordan, an Alleged FuaiTivE from Justice. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, \ 
 Albany, December 1, 1880. ( 
 To the Supreme Court of the State of New Torlc : 
 
 Referring to the action of a Justice of the Supreme Court 
 in allowing a writ of certiorari commanding the'Governor to 
 certify to a Special Term of the said Court at the Court 
 House in the city of New York, on the second day of Decem- 
 ber instant, "the day and cause of imprisonment and the 
 issuance of a warrant of extradition for the arrest and de- 
 livery of John Jordan," the Grovernor makes the following 
 statement : 
 
 He denies the right of the Court or a Judge thereof, to 
 issue said writ of certiorari, or to review directly or indirectly 
 the action of the Governor in the discharge of the duty 
 imposed upon him by the Constitution and laws of the 
 United States, and of this State in respect to the surrender of 
 
Public Papers of Goveewor Cornell. 103 
 
 fugitives from justice. He further denies tlie authority of 
 the Court by such process, to compel the production of the 
 papers in question. 
 
 Presuming, however, that the writ was granted by inad- 
 veftence, and without intention to interfere with the per- 
 fottnance of Executive duty, the Governor would state, that 
 a warrant of extradition was issued in pursuance of a re- 
 quisition in due form from the Governor of the State of 
 Coniiecticut, for the surrender of bhe said John Jorden, 
 charged with the crime of theft committed in that State. 
 
 ALONZO B. CORNELL. 
 
 Report of the State Board of Health on the Com- 
 plaint OF THE Health Board of Hart's Falls. 
 
 STATE OF NEW YORK : 
 
 Board of Health, i 
 Albany, December 17, 1880. | 
 To His Excellency, Alonzo B. Cornell, Governor of New 
 YorJc. 
 
 Sir: The State Board of Health respectfully submits to 
 you the following memorandum of its action upon the 
 alleged nuisance compIa,ined of by the local Board of Health 
 at Hart's Falls, and officially referred to this Board by your 
 Excellency, August 3, 1880. Concerning the nuisance the 
 Board finds the complaint of the local authorities of Hart's 
 Falls well sustained. 
 
 September 22d, this Board voted unanimously that they 
 are of opinion that " the cause of the malarial disease now 
 prevailing in the village of Hart's Palls is the condition 
 ot the pools occupying the old channels of the Hoosick river, 
 east of the town and within the railroad embankment ; and 
 that the unhealthful conditions were produced primarily 
 
104 Public Papers of Gtoyernoe Cornell. 
 
 by the building of the railroad embankment across the upper 
 end of the north channel, leaving it a stagnant pond ; and 
 that the unhealthfulness of the locality was further increased 
 by the building of the paper mill dam backing up water into 
 the old channel." 
 
 At a meeting of this Board November 27th, the following 
 resolutions were adopted in compliance with a request from 
 the G-overnor for any further information : 
 
 ' ' Resolved, That malarial disease prevalent at Hart' s Falls 
 is principally caused by the shallow fluctuating pools in the 
 old river bed, and that these pools are therefore a nuisance." 
 ' ' Resolved, That these pools were caused by the building 
 of a railroad embankment some twenty-live years since. ' ' 
 Respectfully transmitted. 
 (Signed) E. M. Moore, President. 
 
 Wm. M. Smith, HealtTi Officer. 
 
 C. F. Chandler, 
 
 Erastus Brooks, 
 
 J. Savage Delay an, - 
 
 James T. Gardiner, 
 
 James G. Hunt, 
 
 Elisha Harris, Secretary. 
 
 Memorial in the Matter of the Boundary Line Be- 
 tween THE States op New York and Connecticut. 
 To the Congress of the United States : 
 
 In accordance with the concurrent action of the Legislature 
 of the State of New York, and the General Assembly of the 
 State of Connecticut, the undersigned respectfully communi- 
 cate and make known to Congress that the agreement in rela- 
 tion to the boundary lines between the State of New Yoriv 
 and the State of Connecticut, entered into by commissioners 
 on the part of the said two States, has been formally ratified. 
 
Public Papers of Governoe Cornell. 103 
 
 and confirmed, as specifically shown and set forth by the 
 acts of the Legislatures of the respective States, true copies 
 of which are hereto annexed. 
 
 And pursuant to said acts, in like tei-ms adopted, it is 
 hereby respectfully requested by us jointly, on the part of 
 our respective States, that the action taker, and done on the 
 subject of the boundaries thus established, be approved by 
 Congress. 
 
 (Signed) ALONZO B. CORNELL, 
 
 .Governor of the State of New York. 
 
 CHARLES B. ANDREWS, 
 
 Governor of the State of Oonnect/rut. 
 
 August, 1880. 
 
 [Inclosures. Copies of the acts of the General Assembly of Connecticut, and the 
 Legislature of New York passed during the sessions of 1880, relative to subject 
 of the boundary line.] 
 
 APPENDIX. 
 
 Statement oe Pardons, Commutations of Sentence 
 
 AND Reprieves Granted by the Governor, for the 
 
 Year 1880. 
 
 pardons. 
 
 January 14, 1880. William J. Damon. Sentenced Decem- 
 ber 29, 1879 ; county, Erie; crime, vagrancy ; term, sixty 
 days ; prison, Erie County Penitentiary. 
 
 January 22, 1880. John Hogan. Sentenced December 11, 
 1879 ; county, Onondaga ; crime, assault and battery ; 
 term, ninety days ; prison, Onondaga County Peniten- 
 tiary. 
 
 January 24, 1880. Elizabeth Dean. Sentenced September 9, 
 
 1879 ; county, Oneida ; crime, assault and battery ; term, 
 six months ; prison, Onondaga County Penitentiary. 
 
 January 28, 1880. Joseph Rheon. Sentenced January 9, 
 
 1880 ; county, St. Lawrence ; crime, petit larceny ; term, 
 three months ; prison, Onondaga County Penitenticry. 
 
 14 
 
106 Ptjblio Papers of Goveenoe Cornell. 
 
 February 13, 1880. Chatmcey Avery. Sentenced Decem- 
 ber 11, 1879; county, Chenango; crime, petit larceny; 
 term, ninety days ; prison, Chenango County Jail. 
 
 February 13, 1880. Ambrose Suits. Sentenced December 3, 
 1877 ; county, Monroe ; crime, grand larceny ; term, 
 three years ; prison, Monroe County Penitentiary. 
 
 Upon condition that he shall leave this State imme- 
 diately upon his release, and shall not return within three 
 years from the date of this pardon. 
 
 February 17, 1880. Benjamin D. Francis. Sentenced De- 
 cember 30, 1879 ; county, Tompkins ; crime, petit lar- 
 ceny ; term, six months ; prison, Monroe County Peni- 
 tentiary. 
 
 February 17, 1880. Dewey J. Boyce. Sentenced Septem- 
 ber 10, 1877 ; county, Sullivan ; crime, burglary and 
 larceny ; term, four years ; prison, Clinton. 
 
 March 4, 1880. George Cook. Sentenced December 2, 1878 ; 
 county, Erie ; crime, grand larceny ; term, two years ; 
 prison, Erie County Penitentiary. 
 
 March 10, 1880. Jacob Hickman. Sentenced February 20, 
 1880 ; county. New York ; crime, assault and battery ; 
 term, two months ; prison, New York County Peniten- 
 tiary. 
 
 March 11, 1880. Thomas Degan. Sentenced April 1, 1876 ;, 
 county, Oswego ; crime, robbery in the first degree ; 
 term, seven years ; prison. Auburn. 
 [Died before the pardon reached the prison.] 
 
 March 18, 1880. Elijah J. Melius. Sentenced September 11, 
 1879 ; county, Chenango ; crime, embezzlement ; term, 
 one year ; prison, Auburn. 
 
 Upon condition that he shall leave this State imme- 
 diately upon his release, and shall not return within two 
 - years from the date of this pardon. 
 
Public Papers of Goveknoe Coenell. 107 
 
 March 19, 1880. Erastus Owens. Sentenced February 9, 
 1880; county, Cayuga; crime, intoxication; term, sixty 
 days ; prison, Cayuga County Jail. 
 
 March 23, 1880. Michael O'Donnell. Sentenced March 10, 
 1880; county, Montgomery; crime, intoxication and 
 disorderly conduct ; term, one hundred and fifty days ; 
 prison, Albany County Penitentiary. 
 
 March 26, 1880. Jennie Wildey. Sentenced February 5, 
 1880 ; county. New York ; crime, grand larceny ; term, 
 two years and six months; prison, New York County 
 Penitentiary. 
 
 Upon condition that she shall leave this State imme- 
 diately upon her release and shall not return within two 
 years and six months from the date of this pardon. 
 
 March 26, 1880. Dora McKinzie. Sentenced January 21, 
 1880 ; county, Oswego ; crime, assault and battery ; term, 
 ninety days ; prison, Onondaga County Penitentiary. 
 
 March 27, 1880. Fred Robinson. Sentenced September 10, 
 1878 ; county, Allegany ; crime, burglary in the third 
 degree ; term, two years ; prison. Auburn. 
 
 April 1, 1880. Prank A. White. Sentenced March 8, 1880 ; 
 county, Niagara ; crime, intoxication and disorderly con- 
 duct ; term, four months ; jorison, Erie County Peni- 
 tentiary. 
 
 April 1, 1880. Camelia Coleman. Sentenced January 9, 
 1880 ; county. New York ; crime, receiving stolen goods ; 
 term, six months ; prison. New York Coimty Penitentiary. 
 Upon condition that she be taken to the House of 
 Good Shepherd, or some other Reformatory, immediately 
 upon her release and remain an inmate for six months or 
 longer. 
 
108 Public Papers of Governoe Cornell. 
 
 April 10, 1880. Robert Neeley. Sentenced October 7, 1876 ; 
 county, Cortland ; crime, burglary and larceny ; term, 
 iifteen years ; prison. Auburn. 
 
 Upon condition that he shall leave this State imme- 
 diately upon his release and shall not return until after 
 the expiration of the term of his original sentence. 
 
 April 14, 1880. Richard Egan. Sentenced May 29, 1877; 
 
 county, New York ; crime, grand larceny ; term, five 
 
 years ; prison, Sing Sing. 
 April 15, 1880. Hugh Norton. Sentenced September 19, 
 
 1879 ; county, Albany ; crime, breach of the peace ; term, 
 
 eleven months ; prison, Albany County Penitentiary. 
 
 April 20, 1880. John Carney. Sentenced June 17, 1879; 
 county, Clinton ; crime, felonious assault ; term, two 
 years ; prison, Clinton. 
 
 Upon condition that if he be found intoxicated at 
 any time prior to the expiration of the term for which lie 
 was sentenced, this pardon shall become void and in- 
 operative, and he shall be returned to the prison and be 
 made to serve out his unexpired term. 
 
 May 22, 1880. Joseph Carroll. Sentenced September 29, 
 
 1879 ; county. Kings ; crime, grand larceny ; term, ; 
 
 prison, Elmira Reformatory. 
 
 June 4, 1880. Patrick Short, Jr. Sentenced June 3, 1876 ; 
 county, Erie ; crime, assault to harm and grand larceny 
 after felony ; term, twelve years ; prison, Auburn. 
 
 It appearing that the primary and leading cause to the 
 commission of the offense for which he was convicted, 
 was the intemperate use of intoxicating liquor, this 
 pardon is therefore granted only upon condition, that 
 the said Patrick Short, Jr., shall totally abstain from 
 the use of intoxicating liquor during the remainder of 
 the time for which, but for this pardon, he would have 
 
Public Papers of Goveenor Cornell. 109 
 
 been liable to imprisonment ; and in the event of his not 
 complying at all times with this condition, this pardon 
 shall cease and become inoperative, and he shall be 
 arrested and imprisoned according to his sentence. 
 
 June 14, 1880. John McDonald. Sentenced April 21, 1879 ; 
 county, Kings ; crime, attempted burglary in the third 
 degree ; term, one year and six months ; prison. Kings 
 County Penitentiary. 
 
 June 16, 1880. Patrick Nugent. Sentenced January 20, 
 1880 ; county, Wyoming ; crime, assault with a dangerous 
 weapon ; term, one year ; prison, Erie County Peniten- 
 tiary. 
 
 It appearing that the primary and leading cause to the 
 commission of the offense for which he was convicted, 
 was the intemperate use of intoxicating liquor, this 
 pardon is therefore granted only upon condition, that 
 the said Patrick Nugent shall totally abstain from the 
 xise of intoxicating liquor during the remainder of the 
 time for which, but for this pardon, he would have been 
 liable to imprisonment ; and in the event of his not 
 complying at all times with this condition, this pardon 
 shall cease and become inoperative and he shall be 
 arrested and imprisoned according to his sentence. 
 
 June 17, 1880. William C. Parker. Sentenced December 
 21, 1877 ; county, Ontario ; crime, robbery in the first 
 degree ; term, five years and six months ; prison. Auburn. 
 
 June 29, 1880. Leslie Hironymus. Sentenced December 1. 
 1879 ; county. New York ; crime, assault to harm -, term, 
 five years ; prison. Sing Sing. 
 
 Upon condition that he shall immediately leave this 
 State upon his release, and shall not return during the 
 remainder of the time for which, but for this pardon, 
 he would have been liable to imprisonment ; and in the 
 event of his not complying with this condition, this 
 
110 Public Papers of G-oveenok Cor]S"ell. 
 
 pardon shall cease and become inoperative, and he shall 
 be arrested and imprisoned according to his sentence. 
 July 15, 1880. Charles Baker. Sentenced January 6, 1879 ; 
 county, ISTew York ; crime, forgery in the third degree ; 
 term, three years ; prison. New York County Peniten- 
 tiary. 
 
 Upon condition that he shall immediately leave this 
 State upon his release, and shall not return during the 
 remainder of the time for which, but for this pardon, 
 he would have been liable to imprisonment ; and in the 
 event of his not complying with this condition, this par- 
 don shall cease and become inoperative, and he shall be 
 arrested and imprisoned according to his sentence. 
 
 October 14, 1880. Charles Harris. Sentenced April 16, 
 1875 ; county, New York ; crime, burglary in the first 
 degree ; term, fifteen years ; prison, Sing Sing, trans- 
 ferred to Auburn. 
 
 Upon condition that he, on the twentieth day of this 
 month of October, 1880, depart from this State and 
 country and never return to the same ; and in the event 
 of his not complying with this condition in every par- 
 ticular, this pardon shall cease and become inoperative, 
 and he shall be arrested and imprisoned according to his 
 sentence. 
 
 December 9, 1880. Henry Parrott. Sentenced July 6, 1880 ; 
 county, Clinton ; crime, assault and battefy ; term, six 
 months, and to pay a fine of fifty dollars or stand com- 
 mitted until paid ; prison, Clinton County Jail. 
 
 COMMUTATIONS. 
 
 March 10, 1880. Thomas Smith. Sentenced December 15, 
 1877 ; county, Kings ; crime, burglary in the second 
 degree ; term, ten years ; prison. Kings County Peniten- 
 tiary. 
 
Public Papees of Goveekoe Coewell. Ill 
 
 Sentence commnted to two years and six months, from 
 December 15, 1877, and will terminate the fourteenth day 
 of June, 1880. 
 
 March 24, 1880. William Gill. Sentenced February 2, 1875 ; 
 
 county, New York ; crime, robbery in the first degree : 
 
 term, twenty years ; prison, Sing Sing, transferred to 
 
 Clinton. 
 
 Sentence commuted to eight years, from February 2, 
 
 1875, subject to the legal deduction for good conduct. 
 March 24, 1880. Ella Mead. Sentenced May 28, 1879 ; 
 
 county. New York ; crime, assault with intent to kill ; 
 
 term, five years ; prison. New York County Penitentiary. 
 Sentence commuted to one year, from May 28, 1879, 
 
 and will terminate the twenty-seventh day of May, 1880. 
 March 27, 1880. Henry Lang. Sentenced September lo. 
 
 1875 ; county. New York ; crime, burglary in the second 
 
 degree ; term, ten years ; prison. Sing Sing, transferred 
 
 to Auburn. 
 
 Sentence commuted to seven years, from September 
 
 10, 1875, subject to the legal deduction for good conduct. 
 
 April 20, 1880. Albert G. Shapland. Sentenced January 
 
 30, 1880 ; county, Oneida ; crime, petit larceny ; term, 
 
 one hundred and eighty days ; prison, Onondaga County 
 
 Penitentiary. 
 
 Sentence commuted to three months, from January 30, 
 
 1880, and will terminate the twenty-ninth day of April, 
 
 1880. 
 May 6, 1880. Joel Odell. Sentenced April 12, 1880 ; county. 
 
 Jefferson ; crime, violation of the excise law ; term, sixty 
 
 days ; prison, Jefferson County Jail. 
 
 Sentence commuted to thirty days, from April 12. 
 
 1880, and will terminate the eleventh day of May, 1880. 
 May 10, 1880. George Buck. Sentenced July 17, 1877; 
 
112 Public Papers of Governor Cornell. 
 
 county, Wasliington ; crime, burglary ; term, five years ; 
 prison, Clinton. 
 
 Sentence commuted to three years and nine montlis, 
 from July 17, 1877, subject to the legal deduction for 
 good conduct. 
 
 May 15, 1880. Byron Fluno. Sentenced September 22, 
 1877 ; county, Jefferson ; crime, burglary in the third 
 degree ; term, six years, two sentences of three years 
 each ; prison, Auburn. 
 
 Sentence commuted to three years and six months, 
 from September 22, 1877, subject to the legal deduction 
 for good conduct. 
 
 May 15, 1880. William O'Brien. Sentenced January 26, 
 1880 ; county, New York ; crime, assault and battery ; 
 term, one year ; prison. New York County Penitentiary. 
 Sentence commuted to four months, from January 26, 
 1880, and will terminate the twenty-fifth day of May, 
 1880. 
 
 May 15, 1880. Samuel L. Mendes. Sentenced April 12, 
 1878 ; county. New York ; crime, sending a threatening 
 letter ; term, four years ; prison. Sing Sing. 
 
 Sentence commuted to two j^ears and eight months, 
 from April 12, 1878, subject to the legal deduction for 
 good conduct. 
 
 May 21, 1880. Daniel Doyle. Sentenced February 21, 1880 ; 
 county, Albany ; crime, petit larceny ; term, six months ; 
 prison, Albany County Penitentiary. 
 
 Sentence commuted to three months, from February 21, 
 1880, and will terminate the twentieth day of May, 1880. 
 
 June 9, 1880. Richard Donovan. Sentenced March 15, 
 1880 ; county, Erie ; crime, assault and battery ; term, 
 six months ; prison, Erie County Penitentiary. 
 Sentence commuted to three months, from March 16, 
 
Public Papers or Governor Cornell. ITS 
 
 1880, and will terminate the fourteenth day of June, 1880. 
 June 9, 1880. James D. Barber. Sentenced February 12, 
 
 1879 ; county, Cattaraugus ; crime, burglary in the third 
 degree ; term, two years ; prison, Erie County Peniten- 
 tiary. 
 
 Sentence commuted to one year and seven months, 
 from February 12, 1879, subject to the legal deduction 
 for good conduct. 
 July 3, 1880. Hugh Develin. Sentenced July 11, 1878; 
 county, IS'ew York ; crime, assault with intent to kill ; 
 term, six years ; prison. Sing Sing. 
 
 Sentence commuted to two years and six months, from 
 July 11, 1878, subject to the legal deduction for good 
 conduct. 
 July 15, 1880. Louis Laundry. Sentenced January 20, 
 1880 ; county, Rensselaer ; crime, seduction under prom- 
 ise of marriage ; term, two years ; prison, Clinton. 
 
 Sentence commuted to six months, from January 20, 
 1880, and will terminate the nineteenth day of July, 1880. 
 August 2, 1880. Nelson Gaylord. Sentenced December 9, 
 1878 ; county, Westchestier ; crime,, grand larceny ; term, 
 three years ; prison, Albany County Penitentiary- 
 Sentence commuted to two years, from December 9, 
 1878, subject to the legal deduction for good conduct. 
 August 16, 1880. Union C. Osterhout. Sentenced June 22, 
 
 1880 ; county, Otsego ; crime, asasult and battery ; term, 
 six months ; prison, Albany County Penitentiary. 
 
 Sentence commuted to sixty days, from June 22, 1880, 
 
 and will terminate the twenty-first day of August, 1880. 
 
 October 14, 1880. Joseph Crouthers. Sentenced December 
 
 21, 1877 ; county, Ontario ; crime, robbery in the first 
 
 degree ; term, five years and six months ; prison. Auburn. 
 
 Sentence commuted to three years and nine months, 
 
 15 
 
114 PtjBLic -Papers oe Goveenoe Cornell. 
 
 from December 21, 1877, subject to the legal- dedtiction 
 
 for good conduct. 2 . ... -•- -^ - -' 
 
 reprieves. .,,, , - 
 
 January 29, 1880. .Nathan Orlando Grreentield. Sentenced 
 October, 1879 ; county, Onondaga ; crime, murder in the 
 first degree; term, to be hanged December 12j 1879; 
 reprieved December 10, 1879, until Friday, the thirtieth 
 day of January, 1880; prison, Onondaga County JaU., 
 Reprieved until. Friday, tha twenty-seventh, day of 
 ..February, 1880. ■ ,. , 
 
 February 24, 1880. Nathan Orlando Greenfield. Sentenced 
 October, 1879 ; county, Onondaga ; crime, murder in the 
 first degree ; term, to be hanged December 12, 1879 ; 
 reprieved December 10, 1879, until Friday, the thirtieth 
 day of January, 1880 ; and again reprieved January 29, 
 1880, until Friday, the tv^enty-seyenth day of Febr.uary, 
 1880 ; prison, Onondaga County Jail. , 
 
 Reprieved until Friday, the twenty -third day of April, 
 1880. 
 
 March 15^ 1880. Henry Moett. Sentenced February, 1880 ; 
 county, Columbia ; crime, murder in the first degree ; 
 term, to be hanged March 19, 1880 ; prison, Cjolumbia 
 County Jail. 
 
 Reprieved until Friday, the thirteenth day of April, 
 1880. 
 
 March 24, 1880. Carl, otherwise called Charles Manke. 
 Sentenced January, 1880 ; county, Erie ; crime, murder in 
 the first degree ; term, to be hanged April 2, 1880 ; prison, 
 Erie County Jail; 
 
 Reprieved until Friday, the fourteenth day of May, 
 1880. ^ ' - - '-' 
 
 May 22i 1880. Chastine Cox. Sentenced July, 1879 ; cpunty, 
 New York ; crime, murder in the first degree ; term, 
 to be hanged August 29, 1879; stay of proceedings 
 
Public Papers op Goveenoe Cornell. 115 
 
 granted and re-sentenced to be hanged May 28, 1880 ; 
 prison, New York County Jail. 
 
 Reprieved until Friday, the sixteenth day of July, 
 1880. 
 
 May 22, 1880. Pietro Balbo. Sentenced December, 1879 ; 
 county, New York ; crime, murder in the first degree ; 
 term, to be hanged January 16, 1880 ; stay of proceed- 
 ings granted, and re-sentenced to be hanged May 28, 
 1880 ; prison. New York County Jail. 
 
 Reprieved until Friday, the sixth day of August, 1880. 
 
INDEX. 
 
 MISCELLANEOUS. 
 
 Bowen, Hon. Samuel A. , charges agaiiist 21 
 
 Certiorari, writ of, answer to in Babette Stemmler case 100 
 
 Certiorari, writ, of, answer to in the case of requisition for the surrender of 
 
 John Jordan 102 
 
 Church, Hon. SanfordE,, Chief Judge of the Court of Appeals, announcing 
 
 the death of 42 
 
 Congress of the United States, memorial to 104 
 
 Cooper, Hon. Edward, Mayor, relative to lotteries 94 
 
 Hoyt, Governor Henry M., declining on his requisition to surrender James 
 
 Heckhart 26 
 
 Hoyt, Governor Henry M., revoking requisition for Thomas Mathews 92 
 
 King, Hon. John A., designated as representative of the State of New York 
 
 at Centennial Anniversary of the surrender of Cornwallis 22 
 
 Letchworth, Hon. WUliam P., President of the State Board of Charities, 
 
 recommending 77 
 
 Message, annual 3 
 
 Message, transmitting report of General M. R. Patrick, Agent of the State 
 
 for the suppression of contagious diseases among cattle 21 
 
 Message, recommending the Revised Statutes be so amended as to make 
 
 the Secretary of State the official custodian of the Great Seal 23 
 
 Message, recommending removal of the Trustees of the Binghamton Asylum 
 
 ■ for the Chronic Insane 38 
 
 Nash, Hon. S. P., President, etc., relative to charges against Judge Sinnott. . 35 
 
 Phelps, B. K., District Attorney, instructions to against lotteries 94 
 
 Post, James S., Building Superintendent of the Hudson River Hospital, 
 
 supersedure of 29 
 
 Secretary of State, relative to boundary line between New York and Con- 
 necticut 91 
 
 Sinnott, James P., Justice of the Marine Court, New York city, charges 
 
 against 29 
 
 Sinnott, James P., Justice of the Marine Court, New York city, requesting 
 
 additional proof 34 
 
118 Index. 
 
 State Board of Health, transmitting to, complaint in Hart's Falls case 93 
 
 State Board of Health, transmitting to, complaint of authorities of Buffalo. . ' 96 
 
 State Board of Health, report of, on Hart's Falls complaint 103 
 
 Wadsworth, Hon. James W., Comptroller, recommending removal of the 
 
 Trustees of the Binghamton Asylum , for the Chronic Insane 36 
 
 Ward, Hon. Hamilton, Attorney General, assigned as counsel to assist 
 
 upon the trial of John Hughes ... .-.-.- . . 23 
 
 White, Nathaniel M. , charges against 22 
 
 MEMORANDA PILED WITH CERTAIN BILLS, AP- 
 PROVED BY THE <JOVER]SrOR, IN THE: OFFICE 
 OF THE SECRETARY OF STATE. 
 
 Brooklyn, city of, amending charter , . . ,, 46 
 
 Brooklyn, city of, relating to unpaid taxes in , 88 
 
 New Capitol, making appropriation for , 35 
 
 New York and Broolilyn bridge _ 3Q 
 
 New York city, for the relief of Clerks and assistant Clerks, of District 
 
 Courts in gg 
 
 Taxes, to provide for raising upon certain corporations 46 
 
 PLEURO-PNEUMONIA AMONG CATTLE.: 
 
 Law, Professor James, requesting him to visit the herd of cattle "on* the 
 
 farm of William Clark, near Oswego" city '. ; . ....;...,.'." 97 
 
 Law, Professor James, report of .'. 97 
 
 New York County Sheriff, instructions to ! . ; . ; . 78 
 
 Putnam County Sheriff, instructions to . . ." ^ .' 80 
 
 Queens County Sheriff, instructions to ; ...'.. ; 80 
 
 Richmond County Sheriff, instructions to .'.'.'...... ; 79 
 
 Bockland County Sheriff, instructions to 78 
 
 Westchester County Sheriff, instructions to ."; '.'; 81 
 
 PROCLAMATION. ! .- 
 
 Thanksgiving ...^ . . . . 101 
 
 YETOES. 
 
 Brooklyn, city of, to amend charter of 24 
 
 Brooklyn, city of, relative to railroad in Water street -...■. 41 
 
 Canals, appropriations for, certain items objected to 47 
 
Index. 119 
 
 Code of Criminal Procedure 90 
 
 Eighteen Mile Creek, relating to enlargement of 44 
 
 Game Law, amending the 38 
 
 Kings county, creating additional officers in 35 
 
 Loon Lake, preservation of fish in 40 
 
 Middleburgh, village of, relating to separate road district in 34 
 
 Middletown, Richmond county, relating to separate road district in 83 
 
 New York city, prohibiting construction of buildings of combustible 
 
 material in certain streets 38 
 
 New York city, in regard to markets in 45 
 
 Niagara county, relative to the support of the poor in, 35 
 
 Notaries Public, to provide for additional 31 
 
 Public Instruction, relating to 27 
 
 Hevised Statutes, relating to taxation 87 ' 
 
 Richmond county, conferring additional authority iipon the Clerk of ... . 81 
 
 State Board of Audit, making appropriations on awards by 83 
 
 Supply bill, objection to items in 49 
 
 Taxes, assessment and collection of, relating to 39 
 
 APPENDIX. 
 
 Pardons, commutations and reprieves, 1880 105 
 
Public Papers 
 
 OF 
 
 Alonzo B. Cornell, 
 
 GOVERNOR 
 
 STATE OF NEW YORK. 
 
 1881. 
 
 ALBANY : 
 
 E. H. BEN DEB, PRINTER. 
 1881. 
 
PUBLIC PAPERS 
 
 GOVERNOR CORNELL 
 
 ANNUAL MESSAGE. 
 
 STATE OF NEW YOKK : 
 • Executive Chamber, j 
 
 Albany, January 4, 1881. \ 
 To the Legislature : 
 
 As the representatives of the people, intrusted with the 
 important duty of making laws for tlieir government, you are 
 cordially welcomed to the halls of legislation. The circum- 
 stances under which yon meet are extremely auspicious. The 
 exceptional prosperity which under the favor of Divine Provi- 
 dence has attended our people during the past year is a cause 
 of especial congratulation. Never, perhaps, in the history of 
 the State has a single year been so fruitful in beneficent results. 
 Almost every material interest has prospered in a remarkable 
 degree. Agriculture, commerce and the manufactures have 
 alike enjoyed the advantages of renewed activity. Labor has 
 been in ready demand, and has received increased reward ; 
 while comfort and contentment have found abode in many 
 hitherto cheerless homes. 
 
 The influences which have thus contributed to the individual 
 well-being of our citizens have also been conducive to a favor- 
 able condition of public affairs. The peace and good order of 
 the State have been preserved without interruption, while we 
 have passed through a political contest of more than usual 
 interest and excitement. 
 
4 pTTBLir Papers of Goveetstor Cornell. 
 
 In entering upon the dnties and responsibilities of a new 
 year, it is propei' that we should reverently acknowledge our 
 obligations to the Supreme Being for the manifold blessings 
 so generously bestowed upon us in tlie past, and humbly 
 invoke His continued protection and guidance. 
 
 Pi XA NOES. 
 
 It is gratifying to be enabled to inform you that the financial 
 condition of the State is eminently satisfactory. The revenues 
 have been sufficient to meet all current liabilities, besides con- 
 tributing $600, ( >00 to the Sinking Fund, and leaving' the sur- 
 plus on hand $250, 000 larger than at the close of the previous 
 fiscal year. The following sta tement exhibits the transactions 
 of the financial department for the past fiscal yeai', and the 
 general condition of the State Treasury on the 30th of Sep- 
 tember, 1880 : 
 
 Receipts and Pai/nients. 
 Aggregate balances in the Treasury of all the 
 
 funds October 1, 1879 $4,518,356 41 
 
 Aggregate receipts during the fiscal year ending 
 
 September 30, 1880 11,836,570 93 
 
 $16,353,927 34 
 Deduct payments duiing the year 12,905,711 96 
 
 Balance in the Treasury Sept. 30, 1880 $3,448,215 38 
 
 The amount of receipts into the Treasury on 
 account of the General Fund revenue, during 
 the year ending September 30, 1880 $5,859,566 30 
 
 The payments 6,290,418 91 
 
 I 
 
 Apparent deficiency, September 30, 1880 $430,852 71 
 
Public Papers of Governor Cornell. 5 
 
 Supplementary Ktateiri ent. 
 
 Balances due from county fiensurers, Sept. 30, 
 
 1880, on State tJix of 1879 §222,606 92 
 
 Add amount paid on iicfjount of 1880 appropri- 
 ations, included in tax levy, payable into the 
 State Treasury in April and May, 1881, of 
 which igf)90,00() are for new Capitol 1,069,065 39 
 
 §1,291,672 31 
 
 Deduct ajDparent deficiency of the 
 revenue, Sept. 30, 1880, as shown 
 in preceding statement §430,852 71 
 
 Also balances of 1879 appropriations 
 
 unjjaid and in force September 
 
 30, 1880 208,059 99 
 
 638,912,70 
 
 Actual surplus September 30, 1880 $652,759 61 
 
 Debt. 
 On the 30th September, 1879, the total funded 
 debt was 19,122,054.87, classified as follows : 
 General Fund (representing Indian annuities). §122,694 87 
 
 Canal 8,988,360 00 
 
 Bounty ll,()oo oo 
 
 §9,122,064 87 
 
 On the 30th September, 1880, the total funded 
 debt was §9,114,054.87, classified as follows: 
 General Fund (representing Indiaii anuuities). §122,694 87 
 
 Canal 8,988,360 00 
 
 Bounty 3,000 00 
 
 §9,114,064 87 
 
6 PlTBLIC PaPEES of GOVERNOR CORNELL. 
 
 The General Fund State debt is all paid, and the item of 
 $122,694.87, included above, represents the amount required 
 to yield, at the rate of six per cent, the sum necessary to pay 
 the Indian annuities. The balance of $3,000, Bounty Debt,- 
 for which funds are provided, had not been presented for 
 redemption at the cl(jse of the fiscal year. A balance of 
 $2,051,480.17 in the Canal Sinking Fund leaves the amount 
 of that debt, unprovided for, September 30, 1880, at $6,936,- 
 879.83. 
 
 The State debt on the 30th September, 1879 
 after deducting the imapplied balances of the 
 Sinking Funds, amounted to $7,659,426 39 
 
 On the 30th of September, 1880 (including $122, - 
 
 694.87), to 7,059,574 70 
 
 Showing net contribution to Sinking Fund of $599,851 60 
 
 The actual reduction of the debt during the 
 same period by cancellation being $8,000 00' 
 
 Taxation. 
 
 For the current fiscal year the tax le^y is at the rate of 34 
 mills, which is expected to produce the sum of $9,232,542.33, 
 while that of the previous year, being at the rate of 2,™ mills, 
 produced $7,690,416.34. The increase in the tax levy for the 
 current year became necessary to meet the appi'opriations of 
 $1,600,000 for the New Capitol. 
 
 The laws for the assessment of property as a basis for tax- 
 ation have long been a cause of dissatisfaction to the people. 
 In my first annual message the necessity of a revision of these 
 laws was presented, and the last Legislature devoted much 
 attention to the subject ; but, unfortunately, no adequate 
 measure of relief was perfected. 
 
 A single fact will demonstrate the importance of this sub- 
 ject. In 1869 real estate contributed 78 per cent of the public 
 
Public Papers of Governor Cornell. 7 
 
 revenue, and personal property paid 22 per cent; while in 
 1879 the real estate was made to pay 87 8-10 per cent, and 
 personal property only 12 2-10 per cent of the A^hole tax. It 
 would be difficult to show that the value of personal property 
 has not increased to a larger extent in the past ten years than 
 real estate. Indeed, it is claimed by persons well qualified to 
 Judge, that the value of personal property at the present time 
 is quite equal to a fair valuation of the real estate. 
 
 Taxes should be fairly and impartially assessed, in order 
 that the expenses of government be equitably apportioned 
 among all citizens. It is a notorious fact that the present 
 laws are so defective in their operation that a portion of the 
 tax payers are permitted to escape their just proportion of the 
 public charges, while onerous and unfair burdens are laid 
 upon others. 
 
 The subject is one which directly affects the interests of all 
 classes, and deserves prompt consideration. It is hoped that 
 you will bestow upon it such attention as its importance 
 demands, and that you may succeed in removing all cause of 
 complaint. 
 
 Several measures were enacted by the last Legislature 
 designed to create new sources of revenue by levying specific 
 taxes upon corporations. These laws have- not yet come into 
 full effect, but they have already begun to make their contri- 
 butions to the State Treasury. The receipts from these 
 sources up to the close of the last fiscal year, September 80, 
 amounted to $141,127.03. The Comptroller estimates that 
 when in entire operation a revenue of !f;2,000,000 per annum 
 may be expected. 
 
 Some amendments are required to perfect these laws and 
 secure their complete enforcement. The Comptroller will 
 present in his annual report the details of such changes as the 
 experience of the finance department renders desirable. 
 
8 Public Papers of Governor Cornell. 
 
 Canals. 
 
 The canals have shared the general prosperity, and carried 
 a largely increased tonnage ; greater than in any previous 
 year, saA'e only 1871 and 1872. 
 
 The revenues of the canals for the year ending September 
 30, 1880, were as foUow^s : 
 
 Tolls SI, 183, 362 74 
 
 Rent of surplus water 2, 177 08 
 
 Miscellaneous 14,604 81 
 
 Total $1,200,134 63 
 
 Total expenses for ordinary repairs, superin- 
 tendence, and collection of tolls, 889,015 84 
 
 Surplus revenues of the canals for the fiscal 
 
 year ending September 30, 1880 ' !e;31],118 79 
 
 \ 
 
 A comparison with the previous year shows .the following 
 results : 
 
 A gain in revenue of $278,881 82 
 
 Increase in expenses 137,241 02 
 
 Gain in net revenue $141,640 80 
 
 The amount necessary to meet the constitutional require- 
 ments in regard to the canal debt for the year is as follows : 
 
 For interest on canal debt $538,902 00 
 
 For the Sinking Fund 450,000 00 
 
 Total $988,902 00 
 
 Surplus revenues realized 311,118 79 
 
 Deficiency for year ending September 30, 1880, $677,783 21 
 
 Add deficiency in tax 1879 24,807 46 
 
 Add for interest on these deficiencies until the 
 
 same can be realized from taxes .'i6,207 25 
 
 Total amount to be supplied by tax $758,797 92 ' 
 
Public Papers of Governoe Cornell. 9 
 
 The canals were suddenly closed by ice in November, and 
 more than one thousand boats were arrested in their passage. 
 Of these seven hundred and forty-six were loaded with grain 
 for tide water, containing, approximately, six millions of 
 bushels. 
 
 The near completion of the enlargement of the Canadian 
 canals renders the future of the Erie canal a subject of much 
 concern, and well worthy of your intelligent consideration. 
 If the enterprise of our neighbors in improved navigation is 
 liable to place us at a disadvantage in competing for the car- 
 rying trade of the great West, it is high time that a remedy 
 be sought to ;ivert possible misfortune. 
 
 The State Engineer entertains the opinion that the capacity 
 of the Erie canal can be largely increased at comparatively 
 small cost by raising the banks, thus providing for an addi- 
 tional foot of water. He will isresent the question in detail 
 in his annual report, to which your careful attention is res- 
 pectfully directed. • 
 
 The condition of the abandoned canals has become detri- 
 mental to the health of the people residing near them, and is 
 the cause of serious complaint. Numerous cases of malarial 
 fever have occurred, many of which proved fatal. Some le- 
 gislation is necessary to authorize an abatement of the evil. 
 
 Public Education. 
 
 The interests of public education made gratifying progress 
 during the past year. The attendance at school was largely 
 increased ; more teachers were employed, and the character 
 of instruction was especially im])roved ; and all at relatively 
 less expense than for the previoiis year. These are hopeful 
 indications for the growth of intelligence and the welfare of 
 society. The maintenance of a well-ordered system of edu- 
 cation, free to all who desire to enjoy its advantages, must 
 
10 Public Papers of GtOvernob Cornell. 
 
 certainly prove of incalculable benefit to the future interests 
 of the State. 
 
 The liberal education of the children who are to be the men 
 and women of the next generation will, more than all else, 
 insure the future greatness and continued pre-eminence of the 
 Empire State. Public education is also a measure of public 
 economy, for, as intelligence is the best antidote for vice and 
 crime, the expenditures for education will lessen the demands 
 for charity and correction. 
 
 The last Legislature enacted a law making women eligible to 
 vote at school meetings, and to serve as school officers. In many 
 localities women have already participated in school meet- 
 ings, and in numerous instances they have been elected trus- 
 tees. The measure has greatly increased the interest in school 
 management, and must inure largely to the welfare of the 
 schools. Some confusion exists in regard to the qualification 
 of voters at school meetings, growing out of conflicting laws. 
 This should be remedied by the enactment of a comprehensive 
 act defining the rights of all participants in school matters. 
 
 The following statement, furnished by the Superintendent 
 of Public Instruction, contains interesting statistical informa- 
 tion in regard to the public schools : 
 
 CoTnmon School Statistics. 
 For the year ending September 30, 1880 : 
 Total receipts, including balance on hand Sep- 
 tember 30, 1879 111,390,888 16 
 
 Total expenditures 10,296,977 26 
 
 Amount paid for teachers' wages 7,638,921 88 
 
 Amount paid for school-houses, repairs, furni- 
 ture, etc 1,145,831 15 
 
 Estimated value of school houses and sites 30,747,509 00 
 
 Number of school-houses 11,899 
 
 Number of school districts, exclusive of cities 11,263 
 
Public Papees of Goveknoe Cornell. li 
 
 Number of teachers employed for the legal 
 
 term of school 20,596 
 
 Number of teachers employed during any por- 
 tion of the year 30,730 
 
 Number of children attending public schools . 1,031,693 
 
 Number of persons attending Normal schools. 5,753 
 Number of children of school age in private 
 
 schools 108,567 
 
 Number of volumes in school district libraries 735, 653 
 Number of persons in the State between the 
 
 ages of five and twenty-one years 1,641,173 
 
 & 
 
 State Prisons. 
 
 The experience of another year in the management of the 
 State prisons has further vindicated the wisdom of the con- 
 stitutional amendments in reference thereto. With the im- 
 proved condition of the times the number of prisoners is 
 gradually being reduced, as will be seen from the following 
 comparative statement. 
 
 The average number of prisoners in the Clinton, Auburn 
 and Sing Sing prisons for the last three years is as follows : 
 
 1878-9 3,379 
 
 1879-80 3,062 
 
 1880-1 2,970 
 
 The earnings and expenditures of the several State prisons 
 for the fiscal year ending September 30, 1880, were as follows: 
 
 • Sing Sing. 
 
 Earnings $217,028 69 
 
 Expenses 184,277 69 
 
 Surplus $32,751 00 
 
12 Public Papers of Goveenoe Coenell. 
 
 Amt. Bro' t forward $32,751 00 
 
 Auburn. 
 
 Earnings $114,925 00 
 
 Expenses 130,108 75 
 
 Deficiency; $15,183 75 
 
 Clinton. 
 
 Earnings $54,952 46 
 
 Expenses 90,606 69 
 
 Deficiency 35,654 23 
 
 50,837 98 
 
 Total deficiency $18,086 98 
 
 Banks. 
 
 The Superintendent of the Bank Department reports that 
 sixty-eight banks of discount and deposit were doing business 
 under the laws of this State, on the 1st of October, 1880, at 
 which date their condition was as follows : 
 
 Resources $99,850 755 
 
 Capital 18,738 200 
 
 Surplus profits 8,058,280 
 
 Due depositors 61,795,773 
 
 Other liabilities. 11,258,502 
 
 During the year deposits increased $9,536,184; profits, 
 $821,715 ; loans and discounts, $12,328,180. The net aggregate 
 increase in assets was $13,157,573. Six banks closed during 
 the year, four of which went into voluntary liquidation, one 
 converted into a National bank, and one failed. ,One new 
 banking association was formed during the year. 
 
 One hundred and twenty -eight savings banks reported July 
 ] , 1880, eleven of which do not receive deposits and have only 
 
PiTBLir Papers of Goverwor Cornell. 13 
 
 a nominal existence. Three went into voluntary liquidation, 
 paying depositors in full. 
 
 The condition of the savings banks on the date named was 
 as follows ; 
 
 Resources $376,211,240 
 
 Due depositors 335,461,570 
 
 Surplus 40,543,454 
 
 Other liabilities 206,216 
 
 Number of depositors 912,863 
 
 The increase in the several items during the past year was 
 as follows : 
 
 Resources $34,842,553 
 
 Deposits 30,769,230 
 
 Surplus 4,216,524 
 
 Number of depositoi's 85,011 
 
 The exceptionally large increase in deposits and number of 
 new accounts is evidence not only of the increasing thrift and 
 prosperity of our people, but of the complete restoration of 
 public coniidenoe in the management of these beneficent 
 institutions. 
 
 Of trust, loan and mortgage companies, twelve institutions 
 are in operation, having 111,377,375 capital and $96,713,717 of 
 resources. Also eight u.-iporations for the safe-keeping and 
 guarantee of personal property, with aggregate capital of 
 $1,376,900. 
 
 Insurance. 
 
 Statistics furnished by the Insurance Department indicate 
 that the condition of the several insurance companies doing 
 business in this State has improved during the past year. 
 
 Of fire insurance companies one hundred and sixty-seven 
 are now doing business in this State, as follows : 
 
 New York, 87 ; other States, 58 ; Foreign, 22 ; with total 
 
14 Public Papeks op Governor Cornell. 
 
 assets of $143,248,869 ; liabilities, including capital stock, 
 $94,107,073 ; net surplus, $49,146,966. The gross cash income 
 of these companies for the year was $60,548,160, and their 
 gross cash expenditure $58,822,513. 
 
 Of life insurance companies, organized under the laws of 
 this State, there are twelve now conducting business, with 
 aggregate assets of $202,562,831; liabilities, $169,675,366; 
 surplus to policy-holders, $32,887,465 ; and nineteen other 
 State companies, with assets of $198,952,961 ; liabilities, 
 $166,562,705: siirplus, $32,390,256. Eighteen marine insur- 
 ance companies are doing business in this State (seven of 
 which are organized under the laws of New Yoik), with 
 assets amounting to $20,147,902, and a net surplus of $3,565,- 
 707 ; and four casualty insurance companies, with assets 
 amounting to $1,800,000, and a net surplus of $271,000. 
 
 In the tables adopted by the laws of this State for the pur- 
 pose of calculating the reserves on life insurance policies, the 
 rate of interest assumed is 4^ per centum. In view of the 
 present market value of 4 per cent Government bonds and 
 the general tendency to a lower rate of income upon all first- 
 class securities, it becomes an important question whether the 
 law should not be so amended as to provide a calculation 
 upon a rate not higher than 4 per centum, and thus increase 
 the amount of I'eserve required to be held to meet maturing 
 claims of life insurance companies. 
 
 National Guard. 
 
 The National Guard comprises six divisions, eleven brigades, 
 twenty-one regiments, five battalions and thirty-six separate 
 companies of infantry, eight separate troops of calvarj' and 
 ten separate batteries of artillery, making in the aggregate 
 18,102 ofBcers and enlisted men. 
 
 In the belief that a considerable reduction of the force 
 would prove beneficial, orders were issued during the past 
 year for the disbandment of some of the weaker organiza- 
 
Public Papers of Governor Cornell. 15 
 
 tions ; under which the following have been disbanded : 
 7th Division ; 2d and 12th Brigades ; 49th and 54th Regi- 
 ments ; 15th Battalion, 2d and 8th Separate Companies of 
 Infantry ; 3d Regiment and Troops H and K, Cavalry ; and 
 Batteries H and C, Artillery. 
 
 In my opinion the National Guard needs still further reduc- 
 tion, and a more thorough organization of the remainder, 
 which it is hoped will be accomplished by the bill, should it 
 become a law, which the commissioners appointed pursuant 
 to chapter 546 of the Laws of 1880, will in due time report to 
 the Legislature. 
 
 The New Capitol. 
 The work on the New Capitol building has, under the lib- 
 eral appropriations of the . last Legislature, made marked 
 progress during the past season. Every effort has been made 
 by the Commissioners to complete the apartments designed 
 for the Senate and Executive Department, in anticipation of 
 the meeting of the Legislature, as required by law ; but 
 unforseen obstacles have prevented the full realization of this 
 object. These sections of the edifice are, however, well 
 advanced, and it is confidently expected that they will be 
 fully completed within a very few weeks. 
 
 The financial transactions of the Commissioners for the 
 current year have been as follows : 
 There was on hand January 1, 1880, an unex- 
 pended balance of previous appropriation. . $73,169 62 
 
 Chapter 33, Laws of 1880 100,000 00 
 
 Chapter 138, Laws of 1880 1,500,000 00 
 
 $1,673,169 62 
 Expended during the year 1880 1,251,989 02 
 
 Balance on hand $421,180 60 
 
"16 PiTBLTO Papers of Governor Cornell. 
 
 Nearly if not quite all of this amount will be required to 
 pay balances Avhich will become due on rontraots when com- 
 pleted, and other expenditures not j-et reported. 
 
 A serious defect w^as recently discoyered in the groined arch 
 above the Assembly Chamber. A large stone in one of the 
 ribs of the arch. Avas found to hn:\'e been fractured and com- 
 pletely severed. Notwithstanding a thorough investigation, 
 the Superintendent has been unable tf) mnke any satisfactory 
 explanation of the cause. The broken stone has been 
 removed, and it is hoped tliar no further trouble will occur. 
 It will be well, howe^'er, for rhe Legislature to satisfj' itself 
 of the present safety of that portion of the building. 
 
 Canal Appraisers. 
 Although the canal system has long been completed, a large 
 number of claims against the State for damages on account 
 of the construction and use of the canals are still pending ; 
 and many new ones are annually presented. Duiing the past 
 year two hundred and twenty-five new claims Avere filed, 
 amounting to $428,820. One hundred and nine claims have 
 been passed upon by the Canal Appraisers, in which $311,384 
 were claimed as damages. There were allowed thereon $32,- 
 805.22. At the close of the fiscal year eight hundred and 
 eighteen claims were still pending. The amount awarded the 
 past year is somewhat in excess of the year before, from the 
 fact that a numbei' of large claims of many years standing 
 were finally disposed of. The amount of awards for the past 
 five years was $146, 466 against $1, 364, 191 for the preceding five 
 years. This gratifying result is due to the constitutional and 
 statutoi'y safeguards which have been adopted, and a more 
 thorough investigation of claims by the Appraisers. 
 
 Railroad Transi-oktation. 
 The last Legislature devoted a large part of its session to 
 the consideration of measures designed to remedy certain 
 
Pttblip Papers of Govethstor CoKT^fELX. 17 
 
 evils in railroad management. The two Honses having failed 
 to agree, the unaatisfar'tf)ry condition of this important sub- 
 ject still continues, and should receive youi- thoughtful atten- 
 tion. Aside from public taxation, perhaps, no question so 
 seriously touches the interests of the people at large. Every 
 community and all branches of business are directly affected 
 by it. I'njust discriminations in the rates of transportation 
 cause emliarrassment and unnatural competition. Favoritism 
 for one interest results in hardshi] > to another. Stability and 
 uniformity in freight tariffs are necessary for the safe conduct 
 of business. Not only should equality of service be rendered 
 to all citizens, but as well to all communities. For lilte ser- 
 vice all patrons should be placed upon an equal footing ; and 
 as far as practicable, general publicity should be given to 
 freight tariffs. 
 
 In securing justice for the people it is not necessary that 
 injustice be visited upon the railroads. These enterprises, 
 that have so largely aided the growth and development of tlxe 
 State, are entitled to fair treatment. With the experience of 
 the past as a guide it is to be hoped that your wisdom will be 
 equal to the importance of this question, which should receive 
 a complete and successful solution at your hands. 
 
 Charitable Institutions. 
 
 The munificent provision made for the care and maintenance 
 of the unfortunate classes in this State may be to some extent 
 appreciated from the following statement. 
 
 The property, real and personal, held for charitable pur- 
 poses in this State may be set down in round numbers as 
 follows : 
 
 By State institutions $6,900,000 00 
 
 By cities and counties 6,200,000 00 
 
 By incorporated associations 21 ,900,000 00 
 
 Total 135,000,000 00 
 
 3 
 
18 Public Papers of Gtovernoe Cornell. 
 
 The total expenditure during the past year for the support 
 of the several charitable institutions, public and priAate, 
 reached about eight millions of dollars. The average num- 
 ber of beneticiaries was approximately as follows : 
 
 In State institutions , 4,800 
 
 In city and county institutions 15,700 
 
 In incorporated benevolent institutions 24,200 
 
 Total 44,700 
 
 The total niimber of insane persons in the several State and 
 local asylums, poor-houses and private asylums for the years 
 stated, was as follows : 
 
 October 1, 1880 9,543 
 
 October 1, 1879 ■ 9,015 
 
 October 1, 1878 8,781 
 
 October 1, 1877 7,921 
 
 The rapid increase of insanity is truly alarming, both as to 
 the individuals affected and the necessary provision to be 
 made for their care. The average annual increase of insane 
 for the last four years has been four hundred persons. The 
 Buffalo asylum, which has been so far comijleted as to accom- 
 modate three hundred patients, cost about a million and a 
 quarter of dollars, or more than four thousand dollars for 
 each inmate. Such extraordinary expenditures for the care 
 and treatment of the insane seem like a profligate use of the 
 public funds, ^^'hatever future facilities may be required for 
 this purpose should be provided upon a much more economi- 
 cal scale. 
 
 Elmika Reformatory. 
 
 The inmates of the Ehnira Reformatory number about five 
 
 hundred. The gross expenditure for maintenance during the 
 
 past year was $si ,338, while the earnings amounted to $62,657 ; 
 
 leaving as the net expenditure of the State for maintenance, 
 
Public Papers of (toyernor Cornell. 1& 
 
 the sum of $21,681. Only $e,Ml were expended on account 
 of construction daring the year. The industries which have 
 been established in the Reformatory are as yet in process of 
 development, hence have not reached the maximum of pro- 
 duction. The managers are sanguine that the institution will 
 speedily become self-sustaining. The employment of the in- 
 mates is on public account, and without the intervention of 
 contractors ; which is considered essential to effect the re- 
 formatory influences contemplated. It is requisite, therefore, 
 that capital be provided in some form, to furnish the materi- 
 als necessary to conduct the business of the institution ; and 
 this, in the opinion of the managers, should be at least $100,- 
 000. The question of providing means to enable the mana- 
 gers of such an institution to conduct business for account of 
 the State is a serious one, and should have deliberate consid- 
 eration. If this policy is to be adopted, it is all important 
 that the business shall be surrounded by such safeguards as 
 will insure successful and advantageous results. The whole 
 subject is commended to your careful and intelligent atten- 
 tion. 
 
 County Jails and Poor-Houses. 
 
 The condition of the county jails and poor-houses was re- 
 ferred to in my last annual message as urgently demanding 
 the attention of the Legislature. Additional information con- 
 firms my views then expressed, and induces me to earnestly 
 recommend your serious consideration of the subject. The 
 report made to the Legislature in March last by the commis- 
 sion appointed to visit the jails and penitentiaries makes an 
 intelligent and concise presentation of the existing abuses, 
 and is well worthy of careful attention. The present condi- 
 tion of many of these institutions is a reproach to the fair 
 fame of the State, and should be reformed without delay. 
 
 For several years the proposition to establish reformatories 
 for women has been agitated with growing interest. It can 
 
20 Public Papers of Governor Cornell. 
 
 hardly be doubted that such institutions, properly organized 
 and conducted, would go far to remedy existing evils, and 
 save the State from future burdens which, under present cir- 
 cumstances, are inevitable. 
 
 State Board of Health. 
 
 Pursuant to chapter 322 of the Laws of 1880, the State 
 Board of Health was duly organized, and has made gratifying 
 progress in preparing for the important work before it. 
 Human life is constantly exposed to dangers which intelligent 
 observation should point out and guard against. Besides the 
 needless exposure of human life, it often happens that vil- 
 lages and cities suffer largely in their commercial interests 
 from the prevalence of contagious diseases. Trade is fre- 
 quently diverted, to the serious detriment of a community, 
 when reasonable precaution would have avoided such a mis- 
 fortune. 
 
 This new agency for protection has been established in 
 response to the demands of an enlightened public sentiment ; 
 and great expectations of valuable results aAvait its develop- 
 ment. W'ith the active co-operation of the local health 
 authorities in furtherance of the suggestions and advice of 
 the State Board of Health, it is believed that much good will 
 be accomplished. 
 
 Emigration. 
 
 The volume of emigration from Europe during the last year 
 has been larger than in any year since 1854. As a rule, the. 
 persons landed have been of a character superior to those 
 arriving in previous years ; a much greater proportion being 
 possessed of sufficient means to provide comfortably for them- 
 selves or their families. 
 
 The entire number of passengers landed at the port of New 
 York from foreign countries, from January 1 to December 1, 
 1880, was 353,545. The number of those who came steerage,, 
 or third-class and entered at the State Emigrant Depot, Castle 
 
Public Papers of Gtoyernok Cornell. 21 
 
 Garden, was 306,947 : an increase of 180,676 over tlip previous 
 year. 
 
 The number admitted during tlie above j^eriod to the State 
 Emigrant Refuge and Hospital at AVard's Island, was 3,934; 
 of whicli nsi remained in the iristitutions. Of these 339 are 
 sick in hospital, 115 insane in the asylum, 8o crippled and 42 
 children. The Castle Garden Laboi' Bureau found employ- 
 ment, duiing the year, for 37,942. In view of the extraordi- 
 nary number of arrivals the past year, the Commissioners are 
 apprehensive that the apjjropriation for the support of the 
 institutions under their charge will be inadequate to meet the 
 necessary expenses. 
 
 It is to be hoped that Congress will be convinced of the 
 propriety of I'elieving the State of a portion, at least, of this 
 demand. 
 
 Quarantine. 
 
 In view of the extraordinary number of emigrants and 
 others arriving at the port of New York during the past yeai-, 
 constant vigilance was required to prevent the introduction of 
 contagious diseases. 
 
 Nine hundred and sixty-eight vessels arrived from ports 
 subject to yellow fe^'H]■, and two hundred and ninety-one from 
 ports actually infected Of these, one hundred and thirty- 
 seven vessels re]iorted siokne.ss at the jiort of departure (H' on 
 the passage. Ninety-eight cases of fever were admitted to 
 the Quarantine hospital during the season, of which twenty- 
 seven were yellow fever. Of the latter number, ten died ; 
 and of all other cases seven pi-oved fatal and eighty-one 
 recovered. So far as is known no rase of infectious or conta- 
 gious disease has passed the Quarantine. 
 
 The Quarantine establishment has been visited during the 
 past year by a number of eminent professional reiiresentatives 
 of the Health Departments of other States and countries, 
 who ex:pressed their unqualified approval of its condition 
 
22 Public Papers op Governok Cornell. 
 
 and management, and acknowledged the belief that the New 
 York Quarantine was superior to any other. 
 
 Harbor Masters and Port Wardens. 
 
 By a decision of the Supreme Court of the United States, 
 that portion of the laws of this State relating to Harbor Mas- 
 ters which authorizes them to collect fees as a remuneration 
 for their services, is held to be nnconstitntional. There is, 
 therefore, no legal compensation i)rovided for services which 
 the law still requires to be performed. The status of the Port 
 Warden has likewise been brought into question by decisions 
 of the courts, and their jurisdiction and authority disputed. 
 
 If the important duties which the law imposes upon these 
 officers are to be continued, it is obvious that some suitable 
 provision should be made in regard to them. 
 
 Excise Laws. 
 The interests of good government demand a thorough revi- 
 sion of the Excise laws. The opponents of the liquor traffic, 
 as well as those engaged in the business, believe that a change 
 from the present chaotic condition is desirable. The existing 
 enactments are ambiguous and inefficient Jn their operation. 
 Conflicting opinions of the courts have added to the confu- 
 sion. In consequence thereof, the officers who should enforce 
 the laws lind themselves paralyzed. For three consecutive 
 years the annual messages of the Governor have contained 
 recommendations for an entire revision of these laws ; and 
 the subject is again presented in the earnest hope that it will 
 receive your patient consideration and wise action. 
 
 LoTTKRY Laws. 
 The Constitution provides that no lottery shall be author- 
 ized, or the sale of lottery tickets allowed, within this State. 
 Laws designed to enforce this constitutional mandate have 
 been duly enacted, but have proved insufficient to accomplish 
 the purpose. They have been openl y and flagrantly violated ; 
 
Public Papers of Goverivor Coristell 23 
 
 and millions of dollars have been annnally extracted from the 
 earninas of the ])oor. The victims of this iniquitous traffic 
 are mainly of a class needing the protection of the strong arm 
 of lav^r, and it is to be regretted that more vigorous efforts are 
 not made in theii' behalf. 
 
 AV^ith ample constitutional authority available to remove 
 this scandalous evil, it is the duty of the Legislature to frame 
 such laws as wrill be effective in accomplishing the desired 
 object. 
 
 Municipal Affairs. 
 
 Partial steps were taken by the Legislature la^t year to 
 economize the local governments of New Y(jrk and Brooklyn. 
 These should be followed by vigorous action in the same direc- 
 tion until the expenses of those cities, still too high by many 
 millions of dollars, ai'e reduced to a reasonable limit. For 
 many years the ingenuity of man has been employed to create 
 new offices and increase the salaries of others. Duties have 
 been divided, while the salaries have been doubled, thus quad- 
 rupling the burdens of tax payers. In many instances 
 l^roperty has actually been confiscated under the onerous 
 exactions of the tax levy. It is my deliberate opinion that if 
 one-third of the 6fficials of New York and Brooklyn were 
 mustered out, and the duties i)roperly distributed among 
 those remaining, the public would be better served than at 
 present. The adoption of adequate measures to correct these 
 shameful abuses would secure for the Legislature the lasting 
 gratitude of a long- suffering people. 
 
 Disabled Judges. 
 Embarrassment frequently occurs in the conduct of the 
 courts by reason of the physical disability of judges. A- 
 striking instance is now presented in the Superior Court of 
 the city of New York. One of the judges of which court, 
 having been for two years wholly incapacitated, is not likely 
 again to resume official labors. The only present mode of 
 
24 Public Papers of Governor Cornell. 
 
 relief is in removal by the Legislature in the cases of judges i 
 of the Court of Appeals and justices of the Supreme Court ; 
 and by the Senate on the recommendation of the Governor, in 
 the cases of jiidges of other courts of record. This remedy, 
 designed originally for cases of official or personal miscon- 
 duct, would seem unduly severe when applied to a faithful 
 judge noAv prostrate from overwork, as the fact is understood 
 to be in the particular case referred to. 
 
 It would manifestly accord more with the dictates of 
 humanity, and be commended to popular approval, were 
 special provision made for emergencies of this nature. A 
 continuance of some reasonable portion of the salary of a 
 judge thus removed for physical disability, during the bal- 
 ance of the term for which he was elected, would mitigate the 
 severity of the jaroceeding to vacate the office. 
 
 Imprisonment for Debt. 
 
 It is the popular impression that imprisonment for debt was 
 abolished in this State many years ago. Such, undoubtedly, 
 was the intention when the laws to this end were enacted ; 
 but unfortunately, as many victims can testify, the object was 
 not attained. The county jail in the city of New York is 
 nevei' free of prisoners detained for del)t ; and it is not uncom- 
 mon to find from tifty to seventy-live debtors, so-called, con- 
 lined therein ; some of whom huve bee.Ji kept there lov. years. 
 Instances of imprisonment foi' claims as small as twenty dol- 
 lars are not infrequent. Cruel ha,rdship is constantly inflicted 
 in this manner ; and it is due the unfortunate subjects of such 
 outrage that the laws regulating imprisonment on civil pro- 
 cess he thoroughly revised, and all obnoxious features 
 . expunged. 
 
 Lo(;al and Special Legislation. 
 
 One of tlie greatest hindrances to good legislation consists- 
 of the fact that the time and attention of members are too 
 much occupied with tlie consideration of a innltitude of insig- 
 
Public Papers of Governor Cornell. 25 
 
 nificant local and private bills. These are pressed by special 
 interests, and' to a great extent interfere with measures of 
 general import, and often to the prejudice of the public good. 
 A specific constitutional amendment was recently adopted, 
 designed to arrest the mischievous tendency in this direction ; 
 but, unfortunately, the capability of man to overcome diffi- 
 culties renders this safeguard less valuable than its framers 
 anticipated. It is unbecoming the dignity of the State to 
 incumber its code of laws with trivial enactments of the char- 
 acter mentioned ; and unless the Legislature interpose to 
 check this growing evil, it will become my duty to exercise 
 more rigidly the authority vested in the Executive in such 
 regard. 
 
 The Connecticut Boundary Line. 
 The long-standing controversy in regard to the boundary 
 line between this State and Connecticut has finally been 
 adjusted in accordance with the terms agreed upon by the 
 Commissioners appointed by the Legislatures of the two 
 States. The necessary documents have been officially ex- 
 changed by the Executives, who have also united in a petition 
 to Congress requesting the approval and confirmation of such 
 settlement by the United States. 
 
 Conclusion. . 
 
 The importance of the duties upon which you have this day 
 entered may be realized in some measure, by reflecting that 
 the five millions of population which the State now contains 
 will have increased to ten millions in the next generation. 
 Thus the laws which you enact will in near or remote degree 
 affect a vast constituency. 
 
 The capital and enterprise of New York penetrate every 
 portion of the Union, and exert a potent influence through- 
 out the civilized world. Every other State is thus made tribu- 
 tary to her growth ; and her metropolis is fast becoming a 
 commercial center of the first magnitude. The past career of 
 
26 Public Papers of GovERisroE Cornell. 
 
 the Slfi(.p, grand as it is, will be eclipsed by her future devel- 
 opment, i f good government can be assured. Whatever you 
 may do (o lighten the public burdens will go far to promote 
 this great end. 
 
 The honor and welfare of the State are thus committed to 
 your care ; its treasury placed in your keeping. You have 
 taken a solemn oath to support the Constitution, and faith- 
 fully to discharge the duties involved to the best of your 
 ability. May you be so enlightened and directed by Divine 
 wisdom t hat tJiis sacred obligation, with all it implies, will be 
 
 fully dischai'ged. 
 
 ALONZO B. CORNELL. 
 
 proolama'ikm of reward for the murderer of peter 
 
 McCann". 
 
 STATE OF NEW YORK ) 
 Executive Chamber. ( 
 
 proclamation; 
 
 W//ercas, It has come, to my knowledge that on the night 
 of the l.werUy-second of December, 1880, at a place called 
 Jobville, in tlie town of Stillwater, county of Saratoga, a felo- 
 nious assault was made uxjon one Peter McCann, by a 2)erson 
 not yet apprehended, and from blows then and there inflicted, 
 the said McCann subsequently died. 
 
 Now, tlierefore, a reward of Ave hundred dollars is hereby 
 offered t(j be |)aid to any person who shall cause the arrest 
 and conviction of the party who committed the murder of the 
 said McCann. 
 
 (Uven under my hand and the Privy Seal of the State, 
 at the Capitol, in the city of Albany, this tenth 
 I L. s. I day of January, in the year of our Lord one 
 I housand eight hundred and eighty-one. 
 
 ALONZO B, CORNELL. 
 By the (.iiiverjior : 
 
 Hknry E. Abell, 
 
 Private Secretary. 
 
Public Papers or Governor Cornell. 27 
 
 Proclamation oe Reward for the Murderer of Cynthia 
 
 Sargent. 
 
 STATE OF NEW YORK, | 
 
 Executive Chamber, f 
 
 PROCLAMATION. 
 
 Whereas, It has come to my knowledge that Mrs. Cynthia 
 Sargent was brutally murdered in her own house at the village 
 of Port Ann, county of Washington, on the ninth day of 
 September, 1880, by some person or persons unknown. 
 
 Now, therefore, a reward of one thousand dollars is hereby 
 offered to be paid to any person who shall cause the arrest 
 and conviction of the party or parties who committed the 
 murder of the said Cynthia Sargent. 
 
 Given under my hand and the Privy Seal of the State, 
 at the Capitol, in the city of Albany, this four- 
 
 [ L. s. ] teenth day of January, in the year of our Lord 
 one thousand eight hundred and eighty-one. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Henry E. Abell, 
 
 Private Secretary. 
 
 Special Message relating to Pleuro-Pneumonia among 
 
 Cattle. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, January 26, 1881. f 
 
 To the Legislature : 
 
 At the recent annual meeting of the State Agricultural 
 Society, resolutions relating to the disease of cattle, known as 
 pleuro-pneumonia, were adopted, a copy of which resolutions, 
 together with a letter from the secretary of the society, is 
 herewith transmitted. 
 
 The prevalence of this contagious and fatal disorder seri- 
 
28 Public Papers op Governor Cornell. 
 
 ously menaces agricultural and dependent industries, in this 
 State, and in the country at large ; and disastrous conse- 
 quences may be expected unless timely and vigorous steps be 
 taken to prevent its spread into the grazing districts. A sub- 
 ject of such great importance demands, and will, no doubt, 
 receive your prompt attention and co-operation. The hope is 
 expressed that Congress will ultimately establish appropriate 
 measures for the suppression of this disease among neat ani- 
 mals ; but meanwhile, suitable provision should be made by 
 the State to arrest its progress. 
 
 ALOJSrZO B. CORNELL. 
 
 Order directino the Removal of Obstructions in the 
 HoosicK River at or near Hart's Falls, and the 
 abatement of a Nuisance thereat. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 
 Albany, N. Y., January — , 1881. ) 
 
 To the Boston, Hoosac Tunnel and Western Railroad Com- 
 pany, and to all others whom it may concern : 
 Complaint having been made to me by the Board of Health 
 of the village of Hart's Palls, in the county of Rensselaer, of 
 obstructions in the channels of the Hoosick river, adjacent to 
 that village, which, by diverting the water of the river from 
 its natural course, have rendered the locality extremely 
 unhealthy : and I having, pursuant to the provisions of chap- 
 ter 322 of the Laws of 1880, on the third day of August, 
 A. D. 1880, required the State Board of Health to examine into 
 the subject-matter of such complaint, in a communication to 
 said board then made ; and the State Board of Health, in 
 pursuance of such requirement, having made such examina- 
 tion, and having on the 17th day of December, 1880, duly 
 made report to me of the results thereof, and did so report 
 
Public Papers of Goverxur Cokxell. 29 
 
 that " concerning the nuisance the board finds the complaint 
 of the local aathorities of Hart's Falls well sustained ;"' and 
 the said report having been by me duly approved and tiled, 
 according to lav^r, in the office of the Secretary of State, on the 
 twenty-eighth day of January, 1881 ; 
 
 Now, therefore, I, Alonzo B. Cornell, Governor of the State 
 of New York, by virtue of the powers in me vested by section 
 eight of chapter 322 of the Laws of this State, of the year 
 1880, in relation to the matters and things so found and certi- 
 fied by the State Board of Health to be a public nuisance, do 
 hereby declare the same to be a public nuisance, to v^^it. : 
 
 The shallow^, fluctuating pools occupying the old channels 
 of the Hoosick river east of and near the village of Hart's 
 Falls, and within the embankment of the Boston, Hoosac 
 Tunnel and Western railroad ; also so much of the said rail- 
 road embankment as obstructs and prevents the water of the 
 Ho( sick river from liowiug through the old and natural chan- 
 nels of said river, as and where it was accustomed to flow 
 immediately before the construction of said embankment. 
 
 And by virtue of the power aforesaid, I do hereby order 
 that so much of the said embankment of the Boston, Hoosac 
 Tunnel and Western railroad east of and near to the said vil- 
 lage of Hart's Palls, hereinbefore referred to and declared to 
 be a nuisance, as obstructs and prevents the water of the 
 Hoosick river from ilowing through the old and natural chan- 
 nels of said river as and where it was accustomed to flow 
 immediately before the construction of said embankment, be 
 removed, of a widtli of at least one hundred feet, and of suffi- 
 cient depth to pass the water ; or that would allow the water 
 of said river, in its ordinary tiow, to pass through said em- 
 bankment into said, old and natural channels, said opening to 
 be located between Rocky Island and the main land where the 
 original channel flowed ; also, to make an opening in the said 
 railroad embankment between Rocky Island and Joy's Island 
 
30 Public Papeks of Governoe Cortstell. 
 
 where the original channel flowed, of at least twenty feet in 
 
 width and of sufficient depth to p;iss the water that would 
 
 pass through said opening ; all to be done within three months 
 
 after the service of this order upon the said railroad company. 
 
 Given under my hand and the Privy Seal of the State, 
 
 at the city of Albany, this twenty-eighth day of 
 
 [L. S.J January, in the year of our Lord one thousand 
 
 eight hundred and eighty-one. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Henry E. Abell, 
 
 Private Secretary. 
 
 Special Message announcin^g Tax Commission. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 AIjBANY, February 16, 1881. (' 
 To the Legislature : 
 
 Pursuant to the concurrent resolution of the Senate and 
 Assembly authorizing the appointment of a commission, to 
 consist of not less than three nor more than seven citizens, to 
 consult with and aid the joint committee of the two Houses 
 already created, in their work of revising and amending the 
 laws of assessment and taxation, the following named persons 
 have been this day nominated and appointed as such commis- 
 sion or commissioners : 
 
 Joshua M. Van Cott, of the county of Kings. 
 
 Samuel D. Babcock,* of the city and county of New York. 
 
 Thaddeus Halt, of the county of Ulster. 
 
 Edward W. Foster, of the county of St. Lawrence. 
 
 John F. Seymour, of the county of Oneida. 
 
 George Geddes, of the county of Onondaga. 
 
 Alonzo Bradner, of the county of Livingston. 
 
 ALONZO B. CORNELL. 
 
 *Andrew H. Green, of New York, subsequently appointed in place of Samuel 
 D. Babcock, declined. 
 
Public Papers of Gtovernoe Cornell. 31 
 
 Veto, Assembly Bill No. 8, in Relation to Gomvensa- 
 TioN of Court Officers in Erie Countv. 
 
 STATE OF NEW YORK : 
 
 Executive Ciiamb^.i!, 
 Albany, February 'i%, J881. 
 
 To the Assernbly : 
 
 Assembly bill No. 8, entitled "An act to legalize the a(!tion 
 of the board of supervisors of Erie county in relation to the 
 compensntion of court officers from September first, 1880,'' is 
 herewith returned without ap|)roval. 
 
 The action of the board of supervisors, which this bill pro- 
 poses to ]p,ii'alize and confirm, was in diivctin^- the clerk of the 
 county to draw orders on the county treasurer in favor of 
 court officers at the rate of two dollars per day, instead of one 
 dollar and twenty-five cents, as provided by law. Nothing 
 could be more positively in conflict with the Constituticm, and 
 the attem])t to make such action legal l)y an act of the Legis- 
 lature is obviously futile. 
 
 Section twenty-four of the third article of the Constiluti(;ii 
 
 declares that "the Legislature shall not, nor shall the Common 
 
 Council of any city, nor any board of supervisors grant any 
 
 extra compensation to any public officer, servant, agent or 
 
 , contractor. 
 
 The people have taken good care to divest the Legislature 
 
 and boards of supervisors, of any and all authority of tJie 
 
 kind proposed to be exercised in this bill, by securely jilant- 
 
 ing the foregoing very proper safeguard in the fundam(>ntal 
 
 law. of the State, where it is safely beyond the reacli of 
 
 legislative enactment. 
 
 ALONZO B. CORNELL. 
 
32 Public Paptsbs of Governor Cornell. 
 
 Communication Relative to Boundary Line between 
 THE States op New York and Pennsyla'Ania. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, March 2, 1881. f 
 
 To His Excellency, Henry M. Hoyt, Governor of Pennsyl- 
 vania : 
 
 Sir : The accompanying documents relating to the boundary 
 line between the States of New York and Pennsylvania, are 
 respectfully presented to your attention. This line has been 
 examined by a joint commission acting under the authority of 
 the two States respectively. The result of this examination 
 discovered the fact, 1, that the monuments erected by the 
 original commissions in 1786 and 1787 to mark the line, have 
 become so far decayed or obliterated as to require immediate 
 steps for their restoration ; 2, that the line originally run and 
 marked by the commissioners and ratified by the two 
 States, although fixed with all the precision possible at that 
 day, varies very considerably from the verbal description, 
 sometimes on one side and sometimes on the other ; 3, but 
 that this line so marked has since the settlement of the coun- 
 try formed the practical boundary between the lands belong- 
 ing in, and the limits of jurisdiction of, the two States. 
 
 It is proper to say that the honorable commissioners 
 appointed on the part of Pennsylvania, through their chair- 
 man. Col. Worrall, have advocated a re-survey of the entire 
 line, and the establishment of a boundary which should rig- 
 idly conform to the verbal description. But the commission- 
 ers of New Yink have held that no practical advantage, but 
 great inconvenience, would arise from any attempt to change 
 the line from the original and accepted location. 
 
 Taking this view of the subject, and following the well- 
 settled principles laid down by the Supreme Court of the 
 United States (4 Howard), the Legislature of this State passed 
 
Public Papers of Governor Cornell. 3.3 
 
 m. act May 20, 1880 [see page 6 of Report], declaring the 
 lilies originally laid down as the boimdary line irrespective 
 of their conformity to the verbal descriptions thereof ; and 
 authorized the Board of Regents of the University to appoint 
 commissioners to meet commissioners of the State of Penn- 
 sylvania, vested with similar powers, and restore the monu- 
 ments of the line originally surveyed and marked. 
 
 The attention of your Excellency is respectfully called to 
 this action, with the request that you will take whatever steps 
 may be necessary to bring about an early and satisfactory set- 
 tlement of the line, and the much needed restoration of the 
 
 monuments. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 ALONZO B. CORNELL. 
 
 [3 inclosures.J 
 
 EeLATIVE to BotTNDARY LlNE BETWEEN THE STATES OF 
 
 ><■ New York and New Jersey. 
 
 STATE. OF NEW YORK : 
 
 . ,, Executive Chamber, ) 
 
 ^^., Albany, Ilarch 2, 1881. ( 
 
 To His Excellency George C. Ludlow, Governor of New 
 f:: Jersey : 
 
 , Sir : A copy of an act passed by the Legislature of New 
 York May 20, 1880, relating to the settlement of the boundary 
 line between the State of New York and the States of Penn- 
 sylvania and New. Jersey respectively, is herewith transmitted, 
 together with a report of the commissioners appointed on 
 behalf of New York, on the boundary line between New York 
 and Pennsylvania. 
 
 -sThis commission, created by the act above refeiTed to, is 
 
 sg^horized to meet any commissioners vested with similar 
 
 -g&wers on the part of the State of New Jersey ; and to pro- 
 3 
 
34 Public Papees of Governok Coknell. 
 
 ceed to ascertain and agree upon the location of tlie boundary 
 line as originally established betAveen the two States. There 
 is reason to believe that the monuments which were originally 
 erected to mark this line have become greatly dilapidated, 
 and that it is in the highest degree desirable to take early 
 measures to restore them. 
 
 Your attention is respectfull>' directed to the action taken 
 by the Legislature of this. State, with the request that you 
 will take whatever steps may be necessary to bring about an 
 early and satisfactory settlement of the line, and the much 
 needed restoration of the monuments. 
 Very respectfully, 
 
 Your obedient servant, 
 
 ALONZO B. COENELL. 
 
 ['S incloHures. J 
 
 Reply of Cxuveknoe Hott, on the Boundary Line. 
 
 COMMONWEALTH OF PENNSYLVANIA : 
 
 Execijtiye Chamber, i 
 Hareisbtjeg, March 9, ISSl. j 
 
 Sir :' I have the honor to acknowledge the receipt of the 
 communication of your Excellency, and the accompanying 
 documents relative to the boundary between New York and 
 Pennsylvania, and the action of the former State thereon ; 
 and to inform you that the attention of the Legislature and 
 the proper committees will be called to the matter, and action 
 urged in accordance with the suggestions contained in your 
 communication, and in conformity to the act of the New York 
 Legislature. 
 
 I have the honor to be, 
 
 Yours, very respectfully, 
 
 HENRY M. HOYT. 
 To His Excellency Alonzo B. Cornell, Gottrnor of New 
 YorTc. 
 
PrBLir Papers of Goverxor Cornell. 8,) 
 
 Proclamatiox Callinci a Special Election for Member 
 
 OF ASSSEMBLY IN PkANKLIN CoUNTY. 
 
 STATE OP NEW YORK, ) 
 Executive Chamber, Albany. \ 
 
 WheT'-a.b-, A vacane.v exists in the office of Member of 
 Assembly for the county of Franklin, in consequence of the 
 death of William D. Brennan, 
 
 Now, therefore, by virtue of the authority vested in nie, a 
 special election is hereby ordered to be held in and for the 
 Assembly district comprising the county of Franklin, on 
 Tuesday, the lifth day of April next, for the purpose of 
 choosing a Member of Assembly in the place of the said 
 William T). Brennan, whose term of office liegan on the tirst 
 day of January, 1881, and will expire on the thirty -first day 
 of December in the year eighteen hundred and eighty-one. 
 Given under my hand and the Privy Seal of the State, 
 at the Capitol in the city of Albany, this fifteenth 
 [ L. s. 1 day of March, in the year of our Lord, one thou- 
 sand eight hundred and eighty-one. 
 
 ALONZO B. COENELL. 
 By the Governor : 
 
 Henry E. A bell, 
 
 Pr iTdtr Stcrrtari/. 
 
 Veto, Assembly' Bill No. 41, Repealing Act Redlcixuthe 
 Pay of certain Town Officers in Sullivan County. 
 
 STATE OF NEW YORK : 
 
 ExEci'TiA'E Chamber. | 
 Albany, Mdrcli IT, IS81. \ 
 To the Assembly : 
 
 Assembly bill No. 41, entitled "An act to repeal chapter 47 
 of the Laws of 1879, entitled 'An act authorizing the reduc- 
 tion of pay of certain town officers in the county of Sulli- 
 van,' " is herewith returned without approval. 
 This bill is in fatal conflict with two separate provisions of 
 
36 Ptblio Papers op Governor Cornell. 
 
 the Constitution. Section IS of the third article thereof pro- 
 hibits tlie enactment of a local bill creating, increasing or 
 decreasing the compensation of public officers during their 
 term of service, and section 24 of the same article provides 
 that the Legislature shall not grant any extra compensation to 
 any public officer. 
 
 The Constitutional objections to the bill could of course be 
 remedied Ijy providing that it should take effect at the expi- 
 ration of the term of office of the several officers now in ser- 
 vice. This, however, would in my opinion be unwise. Many 
 of the towns in Sullivan county are sorely pressed with a 
 heavy biirden of indebtedness, and the tax payers find great 
 difficulty in meeting their present obligations. It would be 
 unjustifiable to increase their burdens by adding to the com- 
 pensation of public officers. If the present officials are not 
 satisfied with the compensation now provided by law they 
 have an easy remedy in resigning ; and there need be no a^^pre- 
 hension lest their places be not readily filled by others compe- 
 tent and willing to discharge all duties pertaining to them. 
 
 ALOISTZO B. CORNELL. 
 
 Yet(i, Senate Bill, not printed, Relative to Site fob 
 
 AN ARJ[0RT in the CoUNTl' OE KiNGS. 
 
 STATE OF ]S^EW YORK : 
 
 Executive Chamber, ) 
 
 Albany, March 29, 1881. f 
 To tlte. Senate: 
 
 Senate bill, not printed, entitled "An act relative to the site 
 for an armory for the National Guard in the county of Kings," 
 is herewith returned without approval. 
 
 The act of 1879, as amended by chapter 418 of the Laws 
 of 1880, making an appropriation for the erection of an 
 armory in Kings county, provides that no part thereof shall 
 
Public Papers of Q-OA'EiixdK Cukxell. 37 
 
 be expended until an indisputable title to a suitable site for 
 sucli armory, free from all encumbrances, shall be vested in 
 the people of this State without cost to the State. This bill 
 contemplates an evasion or non-fulfillment of the conditions 
 originally specified, by permitting the armory to he erected 
 upon land, the title to which may not lie absolutely perfect ; 
 in which case the county of Kings is required to refund to the 
 State the sum expended. 
 
 In my opinion such contingency should not l)e anticipated. 
 The first condition on which public buildings should be con- 
 structed, is absolute and undisputed title to the sites. If the 
 county of Kings cannot conply with the terms of the ajipro- 
 priation made, then the armory ought not to be built. 
 
 ALONZO B. CORNELL. 
 
 Special Messa(xE ti!Ansmitting Petition rdi; Removal of 
 Hox. Charles F. San^ford, a Jur)C4E ov the Supekiok 
 CoTKT of the City of New York. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, March 30, l.ssl. ( 
 To tilt Senate : 
 
 A petition for the removal of the Hon. Charles F. Sanford, 
 a Judge of the Superior Court of the city of New York, is 
 herewith transmitted for your consideration. 
 
 Such investigation as has been possible for me to make in 
 regard to this case establishes the following conclusion : For 
 ' more than two years Judge Sanford has been prostrated and 
 mentally incapacitated, from overwork consequent on the 
 laborious and faithful discharge of official duty : and all hope 
 of ultimate recovery seems now abandoned. 
 
 It is admitted by all that he was an upright and diligent 
 judge while in active service ; and no word of complaint, was 
 
38 Public Papers of Governor Cornell. 
 
 ever uttered against him. He won distinction at the bar, and 
 fiilly sustained the reputation thus acquired when on the 
 bench. It is a matter of sincere regret, therefore, that the 
 Constitution provides no remedy other than removal, in cases 
 of this character. Believing, however, that Charles F. San- 
 ford, Judge of the Superior Court of the city of New York, 
 as aforesaid, is wholly and irrecoverably disabled by mental 
 impairment, from the further discharge of duties devolving 
 upon him, it is hereby recommended that the said Charles F. 
 Sanford be removed from the office of Judge of the Superior 
 Court of the city of New York before mentioned. 
 
 Inasmuch, also, as the application for removal is made for 
 cause not involving moral delinquency, it is presumed, and it 
 is hereby respectfully submitted, that in case removal be 
 ordered, the Senate will recommend the continuance of com- 
 pensation, as in such case provided by chapter 62 of the Laws 
 
 of 1881. 
 
 ALONZO B. COENELL. 
 
 Veto, Assembly Bili. No. 262, coxcernixo Charitable, 
 Benevolent and Beneficiary Associations, etc. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, April 7, 1881. { 
 To tlie Asssembly : 
 
 Assembly bill No, 262, entitled ' 'An act concerning chari- 
 table, benevolent and benehciary associations, societies and 
 corporations," is herewith returned without approval. 
 
 This bill provides that associations and societies, whether 
 voluntary or incorporated under the laws of this State or any 
 other. State or Territory, and doing what is known as a co- 
 operative life insurance business, shall be exempt from the 
 operations of the insurance laws, which require reports and 
 authorize the Superintendent to investigate. 
 
PiBLic Papkrs (»f Ctovernor Cornkll. 39 
 
 There is nothing in the insuKince laws of ^ew Yorli tliat 
 prevents the organization or incorporation of beneticiaJ soci- 
 eties, sii'h as Masonic, Odd Fellows, etc. ; a large number of 
 which are now in undisturbed operation within the State. 
 This bill does not give any more privileges to such institutions 
 of this State than they now enjoy. Its only effect would be to 
 admit hundreds of irresponsible organizations created, under 
 the laws of other States, with none of the features that popu- 
 larize Masonic and Odd Fellow organizations, and render fairly 
 certain the collection of assessments. A large majority of the 
 co-operative companies transaciting business in States other 
 than where they were organized, are located in Pennsylvania 
 and Ohio. Both of these States require this class of compa- 
 nies to report to the Insurance Department, yearly statements 
 of their condition ; and give certain powers to the Insui'ance 
 Superintendent to supervise their transactions. Yet it is 
 sought by this act to allow them to come into the State of 
 New York and transact an unlimited business, subject to no 
 law of the State, and paying no tax or fee for the permission 
 given. 
 
 There has lately been published a list of. 126 of these insti- 
 tutions which have failed during the past five years. In 
 Ohio a report was recently made by a Legislative committee, 
 showing that from 1S72 to 1880, ninety-six co-operative com- 
 panies were organized, of which fifty-six failed. Of those 
 remaining the income for 1879 was $269,374, death losses 
 $178,703, and expenses $135,r.S5, making total disluirsements 
 of $315,677 ; thus showing an excess of $4.6,303 in expendi- 
 tures over the receipts for the year. More than one-half the 
 receipts was absorbed in expenses alone. 
 
 It is evident, therefore, that no good, but probably much 
 
 harm, would result from the enactment of this bill into a 
 
 statute. 
 
 ALOXZO B. CORNELL. 
 
40 Public Papers of Goveenoe Coenell. 
 
 Oedee to Sheeief of Pittnam County to Quaeantine 
 CEETAix Premises to Peeyent the Speead of Pleuro- 
 pneumonia. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, | 
 Albany, April 9, 1881. j 
 
 To James O. Cole, Sheriff of tJie Gotmty of Putnam: 
 
 It having been made known to me tliat an infections and 
 
 contagious disease known as plenro-pnenmonia has broken out 
 
 n a herd of cattle owned by James A. Hayt, in tiie town of 
 
 Patterson, county of Putnam, and kept and maintained on 
 
 the premises of said Hayt in tlie town aforesaid ; 
 
 And it appearing tliat great danger exists lest the disease 
 
 extend beyond the limits to which it is now confined, 
 
 Now, therefore, by virtue of the power vested in me by the 
 
 laws of this State, it is hereby ordered that the premises above 
 
 described be put immediately in quarantine ; and that no 
 
 cattle be allowed to enter upon, or be removed from the 
 
 premises named during the continuance of the disease. And 
 
 you are hereby directed to carry out and enforce this order. 
 
 ALONZO B. CORKELL. 
 By the Governor : 
 
 Henet E. Abell, 
 
 Private Secretary. 
 
 Veto, Senate Bill No. 58, Authorizing return op 
 Cee'iain Ceetificates ou Deposit. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 Albany, A'jyril 11, 1881. 
 To the Senate: 
 
 Senate bill. No. 58, entitled "An act authorizing the 
 Superintendent of Public Works to return certain certificates 
 of deposit," is herewith returned without approval. 
 
Public Papers of Governor Cornell. 41 
 
 This bill proposes to authorize and direct the Superintend- 
 ent of Public Works to return to F. C. Smith a certificate of 
 deposit for one thousand dollars, deposited with the Board 
 of Canal Commissioners in 1870 to secure the performance of 
 a contract for certain canal work. The records of the Canal 
 Department show that F. C. Smith contracted to build ver- 
 tical wall of guard lock section at Black Eock and dredge 
 out the mouth of mill-race at Lower Black Rock, to be 
 completed on or before April 1, 1871. One of the conditions 
 of the contract was, that the contractor should deposit one 
 thousand dollars, which, in case of failure to perform the 
 contract as agreed, was to be forfeited to the State. 
 
 At a meeting of the Board of Canal' Commissioners, 
 December 7, 1871, the following was unanimously adopted: 
 
 Whereas^ J. Nelson Tubbs, resident engineer of the western 
 division of this State, has certified to this Board that F. C. 
 Smith, contractor for the construction of a vertical wall on 
 guard-lock section at Black Rock, also for dredging out the 
 mouth of mill race at Lower Black Rock to the mills of 
 Thornton and others, has been repeatedly directed to prose- 
 cute said work in such manner as to ensure its completif)n, 
 according to the terms and conditions of said contracts, and 
 that said Smith has neglected and refused, and does neglect 
 and refuse, to prosecute said work in such manner; 
 
 Therefore, Resolved that said contract be and the same is 
 hereby declared abandoned in accordance with the provisions 
 thereof in such cases made and provided for therein. 
 
 From the above evidence, it appears that the money in 
 
 question was legally forfeited to the State and should long 
 
 since have been covered into the treasury. There is no reason 
 
 apparent to me why it should be refunded, as proposed in 
 
 this bill. 
 
 ALONZO B. CORNELL. 
 
42 Public Papers of Governor Cornell. 
 
 Veto, Senate Bill No. 137, to Reimburse John Cun- 
 NixoHAM FOR Costs and Counsel Fees in a certain 
 
 Action. _ . 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 Albany, April 11, 1881. 
 
 To the Heuute : 
 
 Senate bill No. 137, entitled "An act to authorize and direct 
 the Board of Supervisors of Kings county to inake suitable 
 provisions to reimburse John Cunningham for all legitimate 
 costs, counsel fees and expenses wliich were incurred by him 
 in and about a certain action brought against him, while hold- 
 ing the office of Commissioner of Charities for the county of 
 Kings," is herewith returned without approval. 
 
 To grant the relief sought by this bill, would establish an 
 unfortunate precedent for others of similar import awaiting 
 consideration, without regard to circumsta,nces oi" i^articulars. 
 Moreover, it does not seem riglit, either in principle or good 
 policy, that the people should be further burdened with the 
 expenses of every litigation in which public officers may be 
 compelled to defend for acts alleged to have been done or 
 omitted to be done in their official cajaacity ; especially where 
 the action is founded upcm indictment. A public officer is 
 amenable to the law for his acts, as well as a private citizen, 
 and if he so deports himself as to be subjected to criminal or 
 civil prosecution by inconsiderate or criminal conduct, the 
 responsibility and consequences should rest with him. 
 
 If it be determined that the tax i^ayers shall pay the coun- 
 sel fees and court expenses in every law suit in which a pub- 
 lic officer may become involved, much of that restraint which 
 now deters, or prevents the exercise of doubtful or arbitrary 
 authority, or the commission of absolute misconduct, will be 
 so far removed as possibly to impair in many instances the 
 integrity and efficiency of the public service. In the case in 
 question, prosecution was made on indictment, and conviction 
 
Pttblic Papers of Governor Cornell. 43' 
 
 failed on technicalities. The other parties indicted with this 
 claimant, were convicted. He escaped on points raised, chieliy 
 technical in their character, but sufficient under rules of law 
 to secure acquittal. ISTo officer should put himself under sus- 
 picion by acts that warrant indictment ; but if his conduct be 
 such as to provoke prosecution the same rule that applies to 
 the private citizen who is compelled to pay hiS own expenses, 
 should apply also to him. The people suffer enough from 
 scandal and reproach arising from criminal investigations into 
 the affairs of public officers, without having to pay the ex- 
 penses of every accused. 
 
 ALONZO B. CORNELL. 
 
 Veto, Senate Bill jSTo. 31, to Inojepoeate Grand Legion of 
 Select Kniohts of Ancient Oedeb of United Woekmen. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ( 
 Albany, April 11, 1881. f 
 To tJui ^eiude : 
 
 Senate bill No. 31, entitled "An act to incorporate the Grand 
 Legion of Select Knights of the Ancient Order of United 
 Workmen," is herewith returned without approval. 
 
 The first section of the eighth article of the Constitution 
 provides that "Corporations may be formed under general 
 laws, but shall not be created by special act, except for 
 municipal purposes, and in cases where, in the judgment of 
 the Legislature, the objects of the corporation cannot be 
 attainted under general laws." General laws have already 
 been enacted for the incoriDoration of associations of the char- 
 acter proposed by this bill,whi; h are believed to be adequate 
 for all reasonable purposes. If their j^rovisions are not satis- 
 factory it is an easy inatter to adopt such judicious amend- 
 ments as may, in the wisdom of the Legislature, be deemed 
 
44 PuPLic Papees of Goveen^oe Cornell. 
 
 appropriate. The rapid increase in the number of associa- 
 tions of tliis kind renders it important, in my opinion, to the 
 interests of the people at large, that future organizations 
 should be regulated by general and uniform statutes. The 
 multiplication of such societies, similar in their objects and 
 operations under diverse and varying provisions of law, must 
 lead to confusion and trouble, if not litigation. The granting 
 of special charters encourages increasing demands for similar 
 legislation from different interests, whose incori^oration. if 
 desirable, has already been anticipated by general statutes. 
 It seems clear, therefore, that due observance of Constitu- 
 tional requirements, as well as sound policy, dictates the 
 avoidance of special legislation, and it is my deliberate 
 opinion that hereafter organizations of this character should 
 be effected pursuant to genei-al statutes. 
 
 ALONZO B. CORNELL. 
 
 Letter to the Goveencje of West Yieginia in mattee of Eequi- 
 
 SITIC'N FOE THE SuEEENDEK OF PaTEICK RyAN. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, April 18, 1881- f 
 His Excellency Jacob B. Jackson, Governor of West 
 Virgin in : 
 
 Sir: A requisition issued by your predecessor, Governor 
 Matthews, and dated June 16, 1880, for the surrender of 
 Patrick Ryan, alias Paddy Ryan, was duly received, and 
 acted upon by me by the issuance of a warrant of arrest, 
 under which, it is understood, the said Ryan was arrested and 
 delivered to the agent appointed to receive him, from ^\-hom 
 it is reported that the prisoner escaped. 
 
 A letter has been received from the Secretary of State of 
 West Yirginia, stating that the aforesaid requisition has been 
 
Public Papers of. Governor Cornell. 45 
 
 revoked by your Excellency. JSTotliing, however, has been 
 received from you, and the object of this communication is to 
 inquire what is your pleasure in the matter. 
 
 Yours, very respectfully, 
 
 ALOKZO B. COENELL. 
 
 To THE (governor of New Jersey, Relating to Public 
 
 Health. 
 
 STATE OF NEW YORK : 
 
 Executive Ciia:\iber, i 
 
 Albany, April 20, 1881. [ 
 Governor : 
 
 Your attention is resj)ectfully called to a memorial of the 
 New York State Board of Health, of which the inclosed is a 
 true copy, with reference to the injurious effect upon the resi- 
 dents of Staten Island, caused by certain nuisances located on 
 the opposite shore, in the State of New Jersey. 
 
 It is hoped that the authorities of your State have the 
 power to abate the nuisances complained of, and will feel dis- 
 posed to exercise it, for the relief of our citizens who are 
 suffering seriously from the noxious emanations produced. 
 
 Yours, very respectfully, 
 
 ALONZO B. CORNELL. 
 His Excellency, Governor Ludlow, Trenton, New Jersey. 
 
 Revocation of Mandate for Arrest of Patrick Ryan. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, , 1881. ) 
 
 To all to whom tTiese presents sTiall come, Greeting : 
 
 Whereas, A mandate was issued by me on the nineteenth 
 day of June, 1880, on a requisition of the Governor of the 
 
46 Public Papers of Gtoveenor Cornell. 
 
 State of West Virginia for the arrest and delivery to James 
 W. Sweeney, of one Patrick Ryan, alias "Paddy" Ryan, 
 charged with feloniously fighting a prize fight with one 
 Joseph Goss, alias "Joe" Goss, in the county of Brooke, in 
 said State, and with having fled from the justice of said State 
 and taken refuge in the State of New York ; and 
 
 Whereas, Notice of the revocation of said requisition has 
 this day been received from the Governor of the State of 
 West Virginia, 
 
 Now, therefore, I do hereby revoke, annul and supersede 
 the aforesaid mandate. 
 
 Given under my hand and the Privy Seal of the State, 
 at the city of Albany, this twenty-first day of 
 
 [L. s. I April, 1881. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Henry E. Abell, 
 
 Private Secretary. 
 
 Special Message transmitting Report of State Board 
 OP Health with Reference to certain Nuisances in 
 Vicinity of New York and Brooklyn. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 Albany, April 22, 1881. 
 To tTie Legislature: 
 
 A special report of the State Board of Health, with refer- 
 ence to certain nuisances existing in the vicinity of New York 
 and Brooklyn, which seriously affect the comfort dnd health 
 of the residents of those cities, is herewith respectfully trans- 
 mitted for the consideration of the Legislature. 
 
 It is a notorious fact that particular kinds of business, in- 
 cluding the refining of petroleum, the utilization of animal 
 offal, the manufacture of fertilizers and cream tartar, and the 
 
Public Papers of Govern-ok Cokxell. 47 
 
 storage of manures all conducted on a large scale in and near 
 the metropolis, have been very offensive from the emanation of 
 noxious vaijors and stenches, which are denounced by tlie 
 medical profession as the cause of many kinds of disease. 
 
 The recent investigations of a special committee of the State 
 Board of Health warrant the belief that many of the offending 
 causes may be easily removed; at least rendered much It-ss 
 nauseous and hurtful than heretofore. 
 
 This subject, involving as it does the health and well-ljeing 
 of nearly two millions of people, is worthy your serious 
 attention, to the end that all necessary legislation may lie 
 secured to avert the danger now imminent. 
 
 ALONZO B. CORNELL. 
 
 Procla.mation for the Suppression of'certain Nuisan( ks. 
 
 STATE OF NEW YORK, , 
 Exe(!Utive Chabiber. (' 
 
 PROCLAMATION. 
 
 Whereas, The State Board of Health having been reqiured 
 by me, pursuant to law, to inquire into certain alleged nuis- 
 ances dangerous to life and .detrimental to public health, exist- 
 ing as comj)lained, in or about New York city; and the said 
 State Board of Health having duly reported that such nuis- 
 ances as alleged,' do exist, and that they are produced liy the 
 neglect to control and properly convey away, or destroy, vari- 
 ous offensive waste materials in the business of refining petro- 
 leum, the manufacture of superphosphate fertilizers, fat-ren- 
 dering, bone -burning and like operations done and conducted 
 near or upon Newtown creek, in the counties of Kings and 
 Queens, Long Island, or thereabouts, to the detriment of the 
 health and comfort of the inhabitants affected thereby. 
 
 Now, therefore, all persons, companies or corporations 
 owning, superintending, managing, or in any manner engaged 
 
48 Public Papers of Goteenor Cornell. 
 
 in refining petroleum, and in the movement and storage of the 
 products thereof, or who transport, keep or use the substance 
 known as sludge acid ; and whoever owns or manages any 
 premises or apparatus used for mixing, manufacturing, or 
 storing superphosphate, or phosphate fertilizers in which 
 sludge or sulphuric acid is employed; and whoever owns, car- 
 ries on or manages any works or apparatus for fat-rendering, 
 bone-boiling, bone-burning, or other process for utilizing 
 waste or putrid animal matters, or otherwise engages in the 
 manufacture of ammonia, and its salts, or other products com- 
 plained of and reported by the said Board of Health to be 
 nuisances, against health, by this Proclamation issued in 
 accordance with chapter 322 of the Laws of 1880, take notice, 
 that it is hereby ordered, that the causes of the nuisances 
 before mentioned and described be by each and all of them as 
 it may belong, prevented, removed or abated on or before the 
 first day of June, 1881, as connected with or produced by any 
 premises or business controlled or managed by them in singular 
 or several. 
 
 And in case of the neglect or failure so to do by the time 
 herein specified, official action necessary for the speedy 
 removal and prevention thereof will be taken in pursuance of 
 law in such case made and provided, in the name of the people 
 as for the removal, abatement or prevention of a nuisance 
 against the public health. 
 
 Given under my hand and the Privy Seal of the State, at 
 
 the Capitol, in the city of Albany, this twenty- 
 [ L. 8. ] second day of April, in the year of our Lord one 
 
 thousand eight hundred and eighty-one. 
 
 ALONZO B. COENELL. 
 By the Governor : 
 
 Henet E. Abell, 
 
 Private Secretary. 
 
Public Papers of Governor Cornell. 49 
 
 Veto, As.semblt Bill No. Ill, Escheat, Releasing to 
 Martha Harvey. 
 
 STATE OP NEW YORK : 
 
 Executive Chamber, 
 
 Albany, May 2, 1881. 
 To the Assembly .• 
 
 Assembly bill No. Ill, entitled "An act to release the right, 
 title and interest of the people of the State of New York in 
 and to certain real estate in the town of New Rochelle, in the 
 couiity of "Westchester, and State of New York, to Martha 
 Harvey," is hereby returned without approval. 
 
 The petition on which this bill is based is deemed insufficient 
 to warrant the release of the interest of the people of the 
 State of New York in the property described. The facts set 
 forth show that the proposed beneficiary is entitled now to a 
 life estate in the property ; but whether or not she should 
 receive further or absolute title depends on circumstances not 
 made known in the papers. The release should not therefore 
 be granted without full consideration of all facts in the case. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 244, Escheat, Releasing to 
 Elbert Ball and Eugene D. Porter. 
 
 .STATE OF NEW YORK : 
 
 Executive Chamber; \ 
 Albany, May 2, 1881. (' 
 To the Assembly : 
 
 Assembly bill No. 244, entitled "An act to release the right, 
 title and interest of the people of the State of New York in 
 and to certain lands in Yates county to Elbert Ball Porter and 
 Eugene D. Porter, heirs- at-law of Laura Ball Hoenig," is 
 herewith returned without approval, 
 The papers accompanying the bill show that the premises 
 
50 riHiLic Papers of Goveekor Cornell. 
 
 described were owned by John F. Hoenig, an alien, who died 
 
 on Staten Island in 1877, without heirs ; that he was married 
 
 in 1859 to Laura Ball, who died in 1869. This bill proposes 
 
 to release the interest of the people of the State of New York 
 
 acquired by the death of Hoenig, to the two sons of the 
 
 deceased wife's sister, who have no legal right of inheritance 
 
 in the property whatever. It is claimed, however, in their 
 
 behalf, that the property in question was conveyed by Hoenig 
 
 to his wife before her death, but sufficient evidence of such 
 
 conveyance is not furnished. It appears, therefore, that the 
 
 parties named have not even an equitable claim for the release 
 
 sought, which, in view of the facts stated, should not be 
 
 granted. 
 
 ALONZO B. COENELL. 
 
 Veto, Assembly Bill No 4U2, Inceeasing the Salary of the 
 Judge anp Sueeogate of Senega County. 
 
 STATE OF NEW YOKK : 
 
 Executive Chamber, 
 
 Albany, May 2, 1881, 
 To the Assembly : 
 
 Assembly bill No. 402, entitled "An act to establish the 
 compensation of the County Judge and Surrogate of Seneca 
 county, pursuant to the fifteenth section of the amended sixth 
 article of the Constitution," is herew;ith returned without 
 approval. 
 
 This biU proposes to increase the salary of the County 
 Judge and Surrogate of Seneca county from $1,000 to $1,500 
 per annum, and is in positive conflict with two separate pro- 
 visions of the Constitution. Section eighteen of the third 
 article provides that "the Legislature shaU not pass a local 
 or private bill * * * creating, increasing or decreasing 
 fees, percentages or allowances of public officers during the 
 term for which said officers are elected or appointed. ' ' Section 
 
PrBLic Papers of Governor Coi:xell. ni 
 
 twenty-four of the same article further declares that "the 
 Legislature shall not, nor shall the Common Council of any 
 city, nor any Board of Supervisors, grant any extra compen- 
 sation t(i any public officer, servant, agent or fontractor." 
 These two constitutional safeguards were adopted by the 
 people in 1874, and were intended to prohibit improvident 
 and unstable action of the Legislature in relation to the com- 
 pensation of public olRcers. Whatever circumstances may 
 justify changes in the rate of official salaries, these must be 
 made to take efPect from the expiration of the pending term 
 of service. 
 
 ALONZO B. CORNELL. 
 
 Veto. Senate Bill No. 3S. Es<;heat, liELPiAsiNCi to Auotste 
 Louise Hohnholz. 
 
 STATE OP NEW YORK : 
 
 ExBcn'ivE Chamber, ( 
 
 Albany, May 2, 1881. | 
 To the Senate : 
 
 Senate bill No. 38, entitled "An act to convej- and release 
 the right, title, property and interest of the people of the State 
 of New York of, in and to a certain lot of land, with the build- 
 ings thereon and the appurtenances, situated on the northwest 
 corner of Aveniie A and Tenth street, in the Seventeenth ward 
 of the city of New York, to Auguste Louise Hohnholz, of the 
 city of New York," is herewith returned without approval. 
 
 This bill is not accompanied by any evidence of tlie pro- 
 priety of its enactment. It proposes to release the interest of 
 the people of the State in a property of considerable value, in 
 the city of New York; and although effort has been made to 
 obtain the papers on which the pi'oposed release is based, they 
 have not been forthcoming. It is therefore impossible for me 
 to act with satisfactory understanding as to the merits of the 
 
52 Public Papers of Goveenoe Coenell. 
 
 bill. Deeming it improper to allow such a bill to become a 
 \a^\ without reasonable proofs of its fitness, nothing remains 
 but to return it without my approval. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 141, foe Relief of Thomas Cottman. 
 
 STATE OF NEW YORK : 
 
 Executive Chambee, j 
 Albany, May 9, 1881. \ 
 Totlie Assembly : 
 
 Assembly bill No. 141, entitled "An act regulating ' the 
 proof of the claim of Thomas Cottman, ' ' is herewith returned 
 without approval. 
 
 The object of this bill appears to be to deprive the city of 
 New York of its defense in a suit now pending. It would 
 not be considered right or proper to enact a law to take from 
 a private suitor a material point of defense, and it does not 
 seem just either that such discrimination should be made 
 against a municipal corporation. A party who seeks remedy 
 by suit at law should be willing to leave the determination of 
 his case to the courts, and not seek legislative interposition in 
 his behalf. If it shall become a precedent for the Legislature 
 to interfere between litigants, there will sooner or later be 
 little opportunity left for the consideration of legitimate 
 business by legislation. The demands for special enactments 
 for the relief of suitors will be likely to monopolize the entire 
 session, to the exclusion of everything else. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Goterxoe Cori^ell. 53 
 
 Veto, Assembly Bill Xo. 190, foe Consteuctk.ik of additiok"al 
 Public Bath in City of Xeav York. 
 
 STATE OF NEW YORK : 
 
 ExECTTivE Chamber, i 
 
 Albany, May 9, 1881- ) 
 To the Assembly: 
 
 Assembly hill No. 190, entitled ''An act to provide for the 
 construction and maintenance of an additional public batli 
 in the city of New York," is herewith returned without 
 approval. 
 
 This bill proposes to establish a piiblic floating bath, to be 
 located on the Hudson river, between One Hundred and 
 Twenty-fifth and One Hundred and Thirty-fifth streets, in 
 the city of New York, at a present expenditure of twelve 
 thousand dollars. However desirable it may be to provide 
 some suitable convenience for free bathing in the locality indi- 
 cated, the amount named is altogether beyond reason. The 
 population residing within the area to be accommodated at 
 this point is not sufficient to justify it. These structures in 
 the city of New York, temporary in their character and use, 
 have heretofore been built in too costly a manner, and their 
 maintenance has been alike extravagant. This bill not only 
 provides an amount excessive for the purpose designed, but it 
 creates an additional source of wasteful expenditure. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 196, to confer additkjnal Powers 
 ON Special County Judge and SuRRociATE, or Washix(.ton 
 County. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, Mat/ 9, 1 S81. j 
 To the Assembly : 
 
 Assembly bill No. 196, entitled ''An act to amend chapter 
 one hundred and forty-eight of the Laws of eighteen hundred 
 
54 Public Papers of Goveknor Coenell. 
 
 and fifty-five, entitled 'An act to authorize the election of 
 local officers to discharge the duties of County Judge and 
 Siirrogate in tlie county of Washington, and to do chamber 
 business,' " is herewith returned without approval. 
 
 Tlip purpose of this bill is to vest the special County Judge 
 and the special Surrogate of Washington county with all of 
 the powers and authority of a justice of the Supreme Court 
 at Chambers, or out of court, in all civil and criminal pro- 
 ceedings, provided the officers named shall have attained the 
 degree of Counsellor-at-law. 
 
 The jurisdiction of a jiistice of Supreme Court at Chambers 
 embraces some of the most important functions of that ofiice ; 
 freqiTently involving ex parte disposition of matters of seri- 
 ous importance. It often happens that interests of greater 
 magnitude are to be considered at Chambers than in court. 
 Such authority should therefore only be lodged in safe and 
 prudent hands. 
 
 The officers whom it is proposed to clothe with these extra- 
 ordinary powers, are chosen as the alternatives of County 
 Judges and Surrogates, in whose stead they act in case of dis- 
 ability or vacancy. It is seldom that persons are selected for 
 these offices who have such standing at the bar or experience 
 in theii' profession as would enable them to compete success- 
 fully for the position of Justice of the Supreme Court. It 
 does not seem reasonable, therefore, that the Legislature 
 should confer upon this class of judicial officers prerogatives 
 of such grave importance. 
 
 In the case of the special Surrogate this bill is particularly 
 objectionable, in that it proposes to confer upon that officer 
 powers which the Surrogate himself does not possess. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Governor Cornell. oo 
 
 Proclamatig.'J Forbidding Lotteries. 
 
 STATE OF NEW YOEK, , 
 Executive Chamber. ( 
 
 PROCLAMATION. 
 
 Whtrtas, The Constitution of this State and the statutes 
 passed in pursuance thereof prohil)it any lottery or the sale of 
 lottery tickets within the State; and, 
 
 Whn-eas, It is thereby unlawful, and declared to be a 
 misdemeanor, for any person or i)ersons to conduct any lot- 
 tery or policy ,ti,'auie, by whatsoevw name called, or in what- 
 ever manner devised; either as priniupal, agent, or otherwise ; 
 or to do any of the things that are or may be done in setting 
 up or conducting a lottery or policy game; and, 
 
 Whtii'i^ci^s, It is unlawful for any person to keep a room, 
 building, tenement or other place, or knowingly to permit the 
 same to be used or occupied, or for any owm-r, superintendent 
 or agent of any rcjom, building, tenement, or otlipr jjlacp, to 
 rent the same to be used or occupit-d for gambling, or snlling, 
 or vending lottery policies, or any writing, card, pa,per or 
 document in numbers of any public or iwivate lottery ; and 
 
 WJif^reas, It is unlawful for any person or persons to make, 
 advertise or publish any lottery or drawing thereof, or for any 
 person or persons owning or conducting any newspapei" or 
 other publication issued in this State, to give notice of or 
 advertise therein the sale of any lottery tickets, or the draw- 
 ing of any lottery, located either within or without the 
 State; 
 
 Now, therefore, it having come to my knowledge that the 
 Constitution, and the laws passed in pursuance thereof, have 
 been and are now being violated in respect to the matters and 
 things hereinbefore mentioned, as against the dignity and 
 government of the State, proclamation is hereby m^ade warn- 
 ing all persons that are now or may hereafter be in any manner 
 engaged therein as to the matters and things specified, or 
 
.'56 Public Papers of Gtoveewor Cornell. 
 
 relating to tlie same, to desist therefrom; and all district 
 attorneys, and other officers charged with duties pertaining to 
 the suppression of such illegal acts, and the punishment of 
 those offending, are hereby directed and ordered to seek out, 
 prosecute and punish according to law, every person who is 
 found or may hereafter be found in any manner violating the 
 laws relating to lotteries. 
 
 Done at the Capitol, in the city of Albanj^, this tenth day 
 [ L. s. ] of May. in the year of our Lord one thousand 
 eight hundred and eighty-one. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Henrt E. Abell, 
 
 Private Secretary. 
 
 Special Message teansmittikg Resignations of Roscoe 
 
 CONKLING AND THn,\lAS C. PlATT, AS U. S. SENATORS. 
 
 STATE OF NEW YORK : 
 
 ExEcrTivE Chamber, j 
 
 Albany, May 16, 1881. f 
 To the Legislature : 
 
 Resignations vacating their seats in the Tnited States 
 Senate, as the representatives of the State of New York, have 
 this day been received from the Honorable Roscoe Conkling 
 and the Honorable Thomas C. Piatt, which are hereby re- 
 spectfully transmitted, together with a copy of a Joint letter 
 explaining the reasons for such action. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bijl, not printed, for Remov.al of a 
 Bridge over the Champlain < :anal at Cuhoes. 
 
 STATE OF NEW YORK : 
 
 Executive Chajibfi;. ) 
 
 Albany, May 1% b^M. j 
 To the Assembly : 
 
 Assembly bill, not printed, entitled "An act authorizing 
 
Public Papers of Governor Cornell. 57 
 
 the removal of a bridge over the Champlain canal, at the city 
 Cohoes," is herewith returned without approval. 
 
 The bridge which this bill authorizes to be removed is a 
 farm bridge, established and maintained for the accommoda- 
 tion of premises severed by the construction of the Cham- 
 plain canal Private parties now accommodated by its use 
 object to the proposed removal, as it would deprive them of 
 the facilities for crossing the canal to which they claim to be 
 entitled. Another objection to the bill is that the remov3,l of 
 the bridge to the location contemplated will change it from a 
 farm bridge to a city street bridge over which there will be 
 very considerable traffic ; and its future maintenance will be 
 thus rendered far more expensive to the State than where now 
 located. The necessity for a bridge at the proposed location 
 is caused by the present and prospective development of 
 Cohoes, for which that city, and not the State, should pro- 
 vide additional facilities. 
 
 ALONZO B. CORNELL. 
 
 Veto, As.skmbly Bill No. 39, Relative to the Town 
 Auditors Act, Exempting the Counties of C-HEMUNa 
 
 AND Greene. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber. ) 
 Albany, M,i.y 16, 1881. ( 
 To the Assemhly : 
 
 Assembly bill No. 39, entitled "An act to exempt the 
 counties of Chemung and Greene from the provisions and 
 operations of chapter 180 of the Laws of 1875, entitled 'An 
 act creating a Board of Town Auditors in the several towns 
 in this State, and to prescribe their powers and duties," "" is 
 herewith returned without approval. 
 
 The legislation in reference to town auditors affords an apt 
 
58 Public Papers of Governor CoRisrELL. 
 
 illustration of the facility with which the Session Laws are 
 filled with unimportant enactments. 
 
 The office of town auditor was created by chapter 180 of the 
 Laws of 1875. That law was amended once in 1877, twice in 
 1878 and three times in 1879 ; and in 1880 no less than four 
 different amendments of the law were enacted. These several 
 amendments have exempted thirty-seven counties from the 
 operations of the law, and two bills now awaiting Executive 
 action make exemptions in five other counties, thus leaving 
 but eighteen counties subject to the law. It is manifest from 
 this continual demand for exemption, that the creation of the 
 office of town-auditor has not accomplished beneficial results ; 
 and. judging the future by the past, it may be predicted that 
 county after county will be exempted by special acts until the 
 original statute is practically disposed of. It is, therefore, 
 respectfully submitted that the Legislature should at once 
 consider the propriety of repealing the law of 1875, and thus 
 avoid the necessity of further trilling with this subject. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly B.ll, No. 341, for the Remov.^l of 
 Stable Manure fro Certain Poriions of NewY. -rk 
 City. 
 
 STATE OF NEW YORK : 
 
 Executive Ch\.5ib'E, | 
 
 Albany, May 16, 1881. (' ' 
 To the Assemblij : 
 
 Assembly bill No. 341, entitled "An act to facilitate the 
 removal of stable manure from the built-up portions of the 
 city of New York," is herewith returned without approval. 
 
 By the provisions of this bill the Board of Health of the city 
 of New York is authorized and directed to designate a,nd set 
 apart, on the east and west sides of the city, one or more 
 
Public Papers of Governor Cornell. 59 
 
 places north of Forty-second street for the temporary deposit 
 of stable manure until it can be removed from the city at the 
 least possible cost to citizens. The Board of Health already 
 has abundant authority to do what the bill proposes, and 
 which it has always refused to, in the interest of the public 
 health. The members of the Board of Health vigorously 
 protest against the enactment of a measure of this kind, 
 declaring that horse manure stored in any considerable 
 quantity in the warm months gives rise to the most intolera- 
 ble stenches, and makes the locality extremely unhealthy, 
 endangering the lives of children particularly. Complaints 
 are continually being made of foul odors and nuisances in and 
 around the city of New York, and it would seem to be 
 especially inappropriate to establish two or more nuisances 
 in the city by legislative enactment, as would be inevitable 
 under the operation of this bill, if it became a law. 
 
 ALONZO B. CORNELL. 
 
 Veto, Senate Bill No. 2()2, in Relation to Ulster and 
 Delaware Plankroad Coin any. 
 
 STATE OF NEW YORK : 
 
 Executive Cha.mber, i 
 Albany, May 16, 1881. (" 
 To the SeiiaU. : . 
 
 Senate bill, printed number 2U2, entitled "An act in relation 
 to the Ulster and Delaware Plankroad Company," is herewith 
 returned without approval. 
 
 Particular cases are enumerated in the Constitution for 
 which the Legislature shall not pass private or local bills. 
 Section one, article eight, provides that "corporations may 
 be formed under general laws, but shall not be created by 
 special act except for municipal purposes, and in cases where, 
 in the judgment of the Legislature, the objects of the corjpo- 
 
60 Public Papers of Governor Cornell. 
 
 ration cannot be attained under general laws." It is plain 
 that the object of this section is to secure greater uniformity 
 and permanence in the exercise of corporate powers as well 
 as to prevent the mischievous effects of special and local 
 legislation. 
 
 The bill under consideration seems to come clearly within ' 
 the prohibition cited. A general law regulating the formation 
 and management of plankroad companies is now in force, 
 and contains ample provisions for the objects sought to be 
 accomplished by this bill, in a manner protective of all inter- 
 ests involved. The board of supervisors possesses authority 
 to give consent by the proper vote to the extension of the 
 corporate existence of the company named ; hence, to legalize 
 its acts, assuming that these were done in pursuance of law, 
 is wholly unnecessary. If, however, the board of supervisors 
 did not proceed in conformity with law, then it is more than 
 doubtful whether the Legislature has the right now to legalize 
 acts which it cannot itself perform. The statutes provide, 
 furthermore, that in addition to other conditions precedent, 
 the consent of a majority of the stockholders of plankroad 
 companies must iirst be obtained before their charters can be 
 extended. This is manifestly a judicious requirement ; but 
 it does not appear that such consent in this case has been 
 secured. As a matter of good policy, therefore, the arbitrary 
 renewal of the charter should not be permitted by special 
 enactment. 
 
 The second section of the bill is especially objectionable. 
 It is made lawful by the terms of the bill for the Ulster and 
 Delawai-e Plankroad Company, its charter having been ex- 
 tended, to build a new or l)ranch I'oad ; and it marks out tlie 
 general direction or route of the same. The general law 
 already .liives to companies organized under it sufficient 
 authority to extend their roads or construct branches ; conse- 
 quently to allow this company, bj- special act. to do that 
 
Public Papers of Governor Cornell. 61 
 
 which is already permitted, is not only siiperfliuous legisla- 
 tion, but it is clearly repugnant to the Constitution. If, on 
 the other hand, the Ulster and Delaware Plankroad Company, 
 organized under the general law, has no right under its char- 
 ter to build extensions or construct branch roads, then in that 
 case, also, the Legislature would have no power to grant this 
 corporation any special privilege or new right. 
 
 ALOXZO B. CORNELL. 
 
 Veto, Senate Bill Xo 216, Relative to the Bankers' 
 Life Insurance and Trust Company, of New York. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, May 16, 1881. | 
 To the Senate: 
 
 Senate bill No. 216, entitled "An act to change the corporate 
 title of the Bankers' Life Insurance and Trust Company, of 
 New York, to the Bankers' Loan and Trust Company, of New 
 York," is herewith returned without approv^al. 
 
 The Bankers' Life Insurance and Trust Company, of New 
 York, was incorporated by special charter, chapter 687 of the 
 Laws of 1870, with the powers of a life insurance company, 
 and trust company, providing that its capital stock should be 
 subscribed and twenty-five per cent thereof paid in within 
 twelve months. By chapter 871 of the Laws of 1871 the time 
 •for the subscription and payment of the capital stock was 
 extended one year, and chapter 459 of " the Laws of 1872 
 extended the time for the subscription and payment of the 
 capital stock one year more. Chapter 685 of the Laws of 1873 
 repealed so much of the charter as conferred upon the cor- 
 poration the powers of an insurance company, leaving it sim- 
 ply a trust company, and allowing a further extension of one 
 year, within which its capital stock should be subscribed and 
 
62 PuPLic Papers of Governor Cornell. 
 
 paid in. The bill herewith transmitted describes the corpora- 
 tions as having bei-n dulj' organized on the 23d day of April, 
 1874, but the Banking Department, to which it was required 
 to rep irt, has no knowledge of such an institution. Diligent 
 inquiry among bankers, trust compani(?s and commercial 
 agencies in the cit>^ of New York has afforded no information 
 as to the existence or operations of the company. It would 
 seem that a corporation which has been so proliiic of legislation 
 should not be permitled to occupy additional space in the 
 statutes of the State, .at least until it shall ha\'e made for 
 itself a local habitation and a name, by which it can, upon 
 inquiry, be found. The failure to report to the Banking 
 Department, as required by its charter, is another reason why 
 the change of name should not be assented to at this time. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 72, E,elatinc+ to Hell Gate 
 
 Pilots. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 Albany, May 17, 1881. 
 To the Assembly : 
 
 Assembly bill No. 72, entitled "An act concerning the ]pilots 
 of the channel of the East river, commonly called Hell Gate," 
 is liereby returned without approval. 
 
 While it is desirable that some reasonable modification of 
 the law rei^ulating Hell Gale pilotage should be made, the 
 i:)resent bill does not appear to be a satisfactory solution of 
 the question. It makes a radical change in the system of 
 pilotage by which the pilots who have spent many long years 
 in qualifying themselves for this peculiar service, will be sud- 
 denly thrown out of employment. Many of the most Ci >mpe- 
 tent of them have already reached an age when it will be 
 
Public Papeks of Goveenoe Cornell. 63 
 
 extremely difficult for them to engage in other business. If 
 this change were made for the relief of commerce, the hard- 
 ship to the pilots might perhaps be justified. Unfortunately, 
 however, the terms of the bill seem to give the benefit of the 
 change to the tug boats. A measure which shall relieve com- 
 merce of all unjust and unnecessary burdens will meet with 
 prompt approval ; but simply to transfer the personal tax on 
 commerce from the pilots to the tug boats is deemed unwise. 
 
 ALONZO B. CORNELL. 
 
 Special Message Notifying Legislature of Yacancie.s 
 in the office of united states senators. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, May 19, 1881. j 
 To the Legislature : 
 
 The Legislature is hereby respectfully notified that the two 
 Senatorial offices by which the State of New York is entitled 
 to representation in the Congress of the United States, are 
 now vacant by the resignations of the late incumbents. 
 
 ALONZO B. CORNELL. 
 
 Veto. Assembly Bill No. 601, for the Relief of 
 William Judevine. 
 
 STATE OF NEW YORK : 
 
 ' Executive Chamber, ) 
 
 Albany, May 23, 1881. i 
 To the Assembly : 
 
 Assembly bill No. 601, entitled "An act to legalize the acts 
 
 of the electors of the town of Canandaigua, and to provide for 
 
 carrying the same into effect," is herewith returned without 
 
 approval. 
 
 The electors of the town of Canandaigua, at the regular 
 
64 Public Papers of Governob Cornell. 
 
 town meeting in March last, adopted a resolution to raise by 
 tax the sum of $1,008, for the purpose of reimbursing William 
 Judevine for the loss of live stock destroyed by poison in 
 July, 1880. It appears that Judevine was an excise commis- 
 sioner, and it is supposed that his cattle were poisoned because 
 he refused to grant licenses. ISTo direct evidence has been 
 obtained as to this allegation ; nevertheless, it seems to be 
 based on well-grounded siispicion. If this were an established 
 fact, however, it would not ci'eate a liability of the town suffi- 
 cient to justify reimbursement. In any view it could only be 
 regarded as a misfortune, and the proposed compensation 
 must, therefore, b^^; considered as a public gratuity. Section 
 11 of the eighth article of the Constitution declares that "no 
 county, city, town or village shall hereafter give any money 
 or property, or loan its money or credit, to or in aid of any 
 individual, association or corporation;" hence it is not com- 
 petent for the town of Canandaigua to make such disposition 
 of its funds as proposed, and the Legislature possesses no 
 power to authorize a town to do what the Constitution 'pro- 
 hibits. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 632, Relative to Floating 
 
 Docks. 
 
 STATE OF NEW YORK : 
 
 1 
 
 Executive Chambkk, 
 Albany, May 25, 1881. 
 
 To the Assembly : 
 
 Assembly bill No. 632, entitled "An act to amend chapter 
 365 of the Laws of 1875, entitled 'An act to extend the opera- 
 tion and effect of the act passed February 17th, 1848, entitled 
 'An act to authorize the formation of corporations for manu- 
 
Pfblic Papers op Goteknok Cornell. 65 
 
 facturing, mining, mechanical and chemical purp(.ses,' " is 
 herewith returned without approval. 
 
 This is a proposition to authoiize any " corporation hereto- 
 fore organized under this act, owning or hereal'tei' construct- 
 ing and owning a floating dock, to use and operate the same, 
 and to locate, moor or anthor such floating dock in or upon 
 any of the waters of the State opposite to or in front of any 
 public land, place or places not otherwise used or occui:)ied 
 for shipping ur business purposes, and connecting the said 
 floating dock with said land, place or places, by a suitable 
 passageway or gangway for the safe passage of! persons to and 
 from said dock." The ostensible object of the bill is to pro- 
 vide an economical and convenient mode uf landing passengers 
 on the beaches of Long Island, now extensively patronized 
 for summer excursions. Unfortunately, however, the authority 
 is so broad as to admit of the mooring of a floating dock in 
 front of public places in cities, as, for instance, the Battery, 
 in the city oi New York. It can hardly be supposed that the 
 Legislature intended to grajit such privileges. 
 
 ALOIS^ZO B. CORNELL. 
 
 To Hon. Henry A. Gildersleeye, a Judge oe the Cotrt 
 OF General Sessions of the Peace, of New York 
 City, of Charges Preferred Against Him. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 
 Albany, May 28, 1881. 
 
 Sir : A copy of charges, with specifications, preferred by 
 
 Andrew W. Vandewater, against you as a judge of the Court 
 
 of General Sessions of the peace, of the city of New York, 
 
 "for gross corruption in connection with the • patronage of 
 
 5 
 
66 PrsLic Papees of Goveknor Cornell. 
 
 that office," etc., is herein inclosed ; towJiich charges yon are 
 hereby directed to make answer within ten days hereof. 
 Very respectfully youfs, 
 
 ALO^^ZO B. CORNELL. 
 Honorable Hexet A. Gildeesleeve, Judge of the Court of 
 General Sessions, New York city, N. T. 
 
 Veto, Assembly Bill No. 97, Relating to False Imper- 
 sonation OF Policemen, etc. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, | 
 Albany, May 30, 1881. ) 
 To tTii- Assembly : 
 
 Assembly bill No. 97, entitled "An act to prevent the false 
 impersonation of policemen and other officers," is herewith 
 returned without approval. 
 
 Laws fully adequate for the purpose of preventing the false 
 impersonation of policemen and other officers, are now in force 
 in this State, and the adoption of this measure would simply 
 add to the number of statutes without, in any material degree, 
 increasing their efficiency. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 110, Relating to Oleomarg-ae- 
 
 INE. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, \ 
 Albany, May 30, 1881. j 
 To the Assemhly : 
 
 Assembly bill No. 110, entitled "An act to amend chapter 
 439 of the Laws of 1880, entitled 'An act to amend chapter 
 415 of the Laws of 1877, entitled 'An act for the protection of 
 
Public Papers of Goveknok Cornell. 67 
 
 dairymen, and to prevent deception in sales of butter,' " is 
 herewith returned without approval. 
 
 This bill is believed to be unconstitutional, for the reason 
 that it attempts to interfere with and impair the right to riiake, 
 use and vend an article for which letters patent have been 
 issued by the United States. The Constitution gives to Con- 
 gress the power to promote the progress of science and useful 
 arts by securing, for limited times, to inventors, an exclusive 
 right to their respective discoveries. Chapter 439 of the Laws 
 of 1880, which the accompanying bill proposes to amend, pro- 
 vides that a certain article of commerce when offered for sale 
 shall be stamped -'Oleomargarine." This provision is in 
 accordance with rights acquired by certain parties from the 
 patent laws of the United States, for under such designation 
 ■or name the patents issued ; and as such it has a known com- 
 mercial value. This bill proposes that the article shall be 
 stamped " Imitation Butter " instead of Oleomargarine. It 
 is claimed, and with apparent force, that the stamp of " Imi- 
 tation Butter " would be injurious to the sale of the article 
 thus protected by letters pateni . It is obvious, therefore, that 
 the effect of the proposed legislation would be derogatory to 
 rights granted by laws made pursuant to the express provi- 
 sions of tlie Constitution of the United States ; and it is there- 
 fore wholly indefensible. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 314, Relating to Manufacture 
 
 OF Vinegar. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, May 30, 1881. f 
 To the Assembly : 
 Assembly bill No. 314, entitled "An act to regulate the 
 
68 Public Papers of GovERifOE Cornell. 
 
 manufacture and sale of vinegar and to prevent the adultera- 
 tion of the same," is herewith returned without approval. 
 
 The object sought to be attained under this bill is already 
 abundantly provided for by the terms of chapter 407 of the 
 Laws of 1881, entitled "An act to prevent the adulteration of 
 food or drugs," which act may be readily referred to as Senate 
 bill No. 317. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 378, foe Grading Lorraine 
 Street, in Brooklyn. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, May 20, 1881. f 
 To tlie Assembly : 
 
 Assembly bill No. 378, entitled "An acl to provide for the 
 grading of a certain portion of Lorraine street, in the city of 
 Brooklyn," is herewith returned without approval. 
 
 This bill proposes to authorize and direct the Department 
 of City Works immediately to grade Lorraine street, from 
 Court ! p Dwight street, without reference to the interests or 
 desires of the owners of property fronting upon the street. 
 Representations on behalf of a majority of such owners have 
 been made to me in opposition to the provisions of the bill, 
 and it seems, therefore, proper to leave the subject for the 
 disposition of the local government in accordance with exist- 
 ing laws with reference to street improvements. The circum- 
 stances in this case seem to make the requirements of this bill 
 a peculiar hardship upon the owners of property fronting upon 
 the street proposed to be improved, and no good reason has 
 been offered to justify the enactment of the measure. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Uoveenoe Cokjstell. ^ 69 
 
 Veto, Senate Bill No. 47, to Prevent Removal of 
 Actions by Foreign Insurance Companies to Circuit 
 (/Ouet of the United States. 
 
 STATE OF NEW YORK, 
 
 Executive Chamber, ) 
 Albany, May 31, 1881. f 
 To the Senate : 
 
 Senate bill No. 47, entitled "An act to prevent the removal 
 of actions to the Circuit Court of the United States by foreign 
 insurance companies," is herewith returned without approval. 
 
 This bill proposes to prohibit insurance companies of any 
 nature, organized or existing under and by virtue of the laws 
 of any State, territory or country whatever, other than by the 
 laws of the State of New York, from transacting any business 
 in this State, unless, before the 1st day of January next, they 
 shall agree by a vote of their Boards of Directors, duly certi- 
 fied and filed in the Insurance Department in Albany, not to 
 remove or petition to have removed, or in any manner procure 
 or have removed to the Circuit Court of the United States, 
 any action or proceeding which shall have been commenced in 
 a court of this State. 
 
 Many objections can be urged againsb a proposition of this 
 character, especially with reference to its application to insur- 
 ance companies organized under the laws of other States, 
 either now doing business in this State or that may hereafter 
 apply for admission. The bill is prescriptive in its object, 
 and calculated, if it become a law, to excite retaliatory legis- 
 lation, to the injury of companies organized under the laws of 
 New York and operating in other States. The reciprocal rela- 
 tions that now for the most part obtain, and which are desir- 
 able to be fostered, would be exposed to disruption ; and 
 compulsory submission to like exactions, or positive expul- 
 sion of home companies from other States, would inevi- 
 tably follow; and thus lead to injurious consequences. 
 
70 Public Papeks or GoyEENOn Coknell. 
 
 Numerous companies incorporated in other States have done 
 business in New York for many years nnder no such agree- 
 ment as that now proposed, and few instances are known, if, 
 indeed, any can be recalled, where wrong has been done by 
 resort, in litigated cases, to the Federal courts. To subject 
 these corporations now, conditioned on remaining in the 
 State, to a relinquishment of rights hitherto enjoyed, and 
 which, in a possible emergency, might hereafter be imperilled, 
 seems not only impolitic but likewise unjust. 
 
 But aside from the foregoing considerations, the bill may be 
 regarded as an attempt, although futile, to divest the United 
 States Courts of their established jurisdiction. If admitted 
 that a condition precedent to transacting business in this State 
 could be applied in the manner contemplated, it is quite 
 certain, notwithstanding, that the removal of suits to a Fed- 
 eral tribunal could not be prevented, if litigants chose to avail 
 themselves of rights guaranteed by the Constitution of the 
 United States, and secured by Congress in pursuance of the 
 Constitution. The attempt, therefore, to impose restrictions 
 or limitations which have been pronounced repugnant to the 
 supreme law of the land, is at variance with wise and 
 beneficent government. If substantial justice can better be 
 secured to any citizen by an appeal to the highest courts of 
 the country, that way should never be closed by local legisla- 
 tive enactment threatening damage or loss to private interests. 
 A corporation is a citizen of the State by which it is created, 
 and can, therefore, sue and be sued in the Federal courts. No 
 one would think of attempting to prevent a natural citizen 
 from carrying his cause to the courts of the United States. 
 The denial of that right to any, under whatever pretext, is 
 subversive of equality of government and laws. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Governor Cornell. 71 
 
 Special Message, Relati^-^g to Abandoxed CHEMtrNe 
 
 Canal. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 Albany, June 1, 1881. j 
 To the Legislature : 
 
 The attention of tlie Legislature is respectfully but earnestly 
 called to the importance of providing for the prompt abate- 
 ment of a nuisance emanating from the present condition of 
 the abandoned Chemung canal and dangerous to the health 
 and lives of people living in the immediate vicinity. The 
 report of the State Board of Health, to whom the complaint 
 of citizens was referred for investigation, is herewith trans- 
 mitted, from which it will be seen that great suffering is now 
 felt in consequence of the neglect of the State to provide 
 suitable protection against the evils complained of. It is 
 hereby recommended, therefore, that the Superintendent of 
 Public Works be authorized to take the necessary steps to 
 remedy the existing difficulty, and that suitable appropriation 
 be made for that purpose. 
 
 ALONZO B. CORNELL. 
 
 Notification of Charges Preferred against Edward 
 Murphy, Jr., Mayor of the City of Troy. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, June 1, 1881. j 
 
 To Honorable Edward Murphy, Jr., Mayor of the City of 
 
 Troy, Troy, N. Y. 
 
 Sir : Herein find inclosed a copy of charges preferred by 
 
 Elisha W. Hydorn, a citizen of the city of Troy, N. Y., 
 
 against you as the mayor of said city, for malfeasance in the 
 
72 Public Papers of GtOyeenor Cok->'eli. 
 
 office of such mayor ; to which said chaiges you are hereby 
 directed to make answer within, ten days hereof. 
 Very respectfully yours, 
 
 ALONZO B. CORNELL. 
 
 By the Governor : 
 
 Heney E. Abell, 
 
 Private Secretary. 
 
 Veto, Certain Items in Senate Bill No. 314, Making 
 Appropriations for C^'nals. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 Albany, June 4, 1881. 
 To the Senate : 
 
 Herewith is respectfully transmitted a copy of statement of 
 the items of appropriation to which it has seemed to be my 
 duty to object, contained in Senate bill No. 314, entitled "An 
 act making an appropriation to pay the expenses of the col- 
 lection of tolls, superintendence, ordinary repairs and main- 
 tenance of the canals for the fiscal year commencing on the 
 first day of October, eighteen hundred and eighty-one; and to 
 provide for a contingent deficiency in the revenues of the 
 canals for the fiscal years ending September thirty, eighteen 
 hundred and eighty-one, and commencing October one, eigh- 
 teen hundred and eighty-one," which statement was duly 
 appended to the said bill at the time of approving it, pursuant 
 to the provisions of the ninth section of the fourth article of 
 
 the Constitution. 
 
 ALONZO B. CORNELL. 
 
 STATE OP NEW YORK, 
 
 Executive Chamber, \ 
 Albany, June 4, 1881. j 
 
 Statement of items objected to and not approved, contained 
 in Senate hill No. 314, entitled '^An act making an appro- 
 
Public Papers of G-overnor Cornell. 73 
 
 priation to pay the expenses of the collection of tolls, 
 superintendence, ordinary repairs and maintenance of 
 canals for the fiscal year commencing on the first day of 
 October, eighteen hundred and eighty-one ; and to provide 
 for a contingent deficiency in the revenues of the canal for 
 the fiscal year ending September thirty, eighteen hundred 
 and eighty-one, and commencing October one, eighteen 
 hundred and eighty -one. ^^ 
 
 Each and every of the several items herein ennnierated, 
 contained in Senate bill No. 314, entitled "An act making an 
 appropriation to pay the expenses of the collection of tolls, 
 superintendence, ordinary repairs and maintenance of the 
 canals for the fiscal year commencing on the first day of Octo- 
 ber, eighteen hundred and eighty-one; and to provide for a 
 contingent deficiency in the revenues of the canals for the fis- 
 cal year ending September thirty, eighteen hundred and 
 eighty-one, and commencing October one, eighteen hundred 
 and eighty-one," are objected to and not approved, for rea- 
 sons hereinafter stated. 
 
 For building an iron bridge across the Erie canal at Magnolia street, in the 
 town of Geddes, in the county of Onondaga, to be built by the Superintendent 
 of Public Works, out of the ordinary repair fund of the canals, the sum of ten 
 thousand dollars, or so much thereof as may be necessary. 
 
 This item is objected to and not approved for the reason 
 that it provides for the building of a bridge over the canal 
 where no bridge has heretofore been located; hence it does not 
 come within the limit of the constitutional authority of the 
 Legislature to provide for "paying the expenses of the col- 
 lection of tolls, superintendence and ordinary repairs ' ' of the 
 State canals. The Constitution is specific as to appropriations 
 to be made out of the canal revenues after paying the expenses 
 of collection, superintendence and ordinary repairs; and it is 
 not competent for the Legislature to divert the revenues of the 
 canals to the erection of new bridges or any other work of that 
 character. 
 
74 Public Papers of Governor Cornell. 
 
 For tlie construction of a draw in the bridge over the navigable channel of the 
 Oneida river at Brewerton, between the counties of Oswego and Onondaga, the 
 sum of seven thousand five hundred dollars, payable out of any money in 
 the treasury applicable to the payment of expenses of canals, and so much of the 
 moneys appropriated by chapter three hundred and ninety-nine of the laws of 
 eighteen hundred and seventy -four for the Oneida lake canal remaining unex- 
 pended, are hereby re-appropriated for rebuilding such draw, or so much thereof 
 as may be necessary. 
 
 This item is objected to and not approved, for the reason 
 that no appropriation was made by the law of 1874 for tlie 
 Oneida Lake canal, and therefore the appropriation herein 
 proposed would have to be paid out of the canal revenues, 
 which should not be taxed for the object named. 
 
 For the construction of an iron bridge over the Champlain canal in the town of 
 Fort Ann, in place of the present wooden structure known as Dewey's bridge, the 
 sum of five thousand dollars, payable out oi any moneys in the treasury applica- 
 ble to the payment of canal expenses. 
 
 This item is objected to and not approved, for the reason 
 that the Superintendent of Public Works is already author- 
 ized to provide for any repair or renewal of existing l)ridges, 
 and no legislation is necessary for the purpose. A special 
 appropriation can confer no further power upon him in the 
 matter than is now possessed by him. 
 
 For the construction of a bridge over the Erie canal in Tonawanda, New York, 
 at a point where Delaware street in Erie county and Main street in Niagara county 
 intersect the canal, the sum of ten thousand dollars, payable out of any money in 
 the treasury applicable to the payment of canal expenses. 
 
 This item is objected to and not approved, for the reasons 
 tirst above stated. If circumstances are such as to make it 
 proper for the State to provide for a bridge over the canal at 
 a point where none has existed heretofore, the appropriation 
 must of necessity be made from the general fund instead of 
 the canal revenues. 
 
 For building an iron bridge across the Erie canal at Prospect street, in Medina, 
 Orleans county; to be built by the Superintendent of Public Works, ten thousand 
 dollars, or so much thereof as may be necessary, payable out of any money in the 
 treasury applicable to the payment of canal expenses. 
 
 This item is objected to and not approved, for the reasons 
 first above stated. The Constitutional restrictions as to the 
 appropriation of ca'ial revenues render the Legislature incom- 
 
Public Papers of Governor Cornell. 75 
 
 petent to provide for new improvements along the line of the 
 canals. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 193, Providing for a Bridge 
 
 ACROSS THE ChEMUNG RiVER. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, June 4, 1881. i 
 To the Asssenibly : 
 
 Assembly bill No. 193, en titled "An act to provide for the 
 building of an iron or suspension bridge across the Chemung 
 river in the town of Big Flats, county of Chemung, and bond- 
 ing said town and the town of Southport and the city of 
 Elmira. to pay for the construction thereof, and to charge 
 said towns and city with the maintenance thereof," is here- 
 with returned without approval. 
 
 The Constitution, as amended in 1874, provides that the 
 Legislature shall not pass a private or local bill in any of sev- 
 eral cases enumerated, and among others "providing for 
 building bridges." The measure under consideration can 
 only be regarded as a local bill, its object being to pjovide for 
 the building of a bridge over the Chemung river in the town 
 of Big Flats, at a point designated. It seems clear, there- 
 fore, that the bill is in direct and irreconcilable antagonism 
 with the foregoing Constitutional prohibition. 
 
 ALONZO B. CORNELL. 
 
76 PuPLic Papeks of Goveknob Cornell. 
 
 Answer, iisr the Matter of an Alternative Writ of 
 
 Mandamus. 
 
 SUPREME COUET. 
 
 the people bx eel. R. G. GAF, CHARLES 
 FLEISCHMAN.V ».nd ALEXANDER FLEISCH- 
 
 MANN 
 
 against 
 
 ALONZO B. CORNELL, Governor of the 
 State of New York. ^ 
 
 Alonzo B. Cornell, the above-named defendant, for a return 
 to the alternative writ of mandamus heretii annexed and to 
 show cause against obeying the command of said writ, alleges : 
 
 1st. That the claim of the relators mentioned in said alter- 
 native writ of mandamus, and the vouchers tlierefor, were first 
 presented to His Excellency Lucius Robinson, Governor of 
 the State of Xew York, and were by said Governor Robinson 
 duly considered and passed upon and disallowed and not 
 approved. 
 
 2d. That afterwards this defendant being Governor of said 
 State, an application was made to liim on belialf of said rela- 
 tors for a re-consideration of said matter and a re-auditing of 
 said claims and vouchers, which application for re-consider- 
 ation was granted by the defendant, and such re-hearing 
 thereof was duly had by this defendant as such Governor, 
 and said claim with the vouchers therefor, were presented to 
 this defendant for his approval and were duly and carefully 
 examined and considered by this defendant, and after such 
 examination and consideration thereof, and after hearing 
 counsel in behalf of said claimants in relation thereto, this 
 defendant, in the due exercise of his Judgment and discretion 
 in relation thereto as such Governor, determined and decided 
 not to approve said claim or the vouchers therefor, and the 
 same were thereupon by him rejected and not approved ; 
 which was a final determination thereof and of all powers and 
 duties devolving upon the defendant as such Governor in rela- 
 
PrBLic Papers of Govehxor Cornell. 77 
 
 tion thereto, and no other nr different determination, action 
 or decision in relation thereto has at any time been made liy 
 this defendant. 
 
 3d. That said claim of the said relators and the vouchers 
 therefor were so rejected and not approved by this defendant, 
 as aforesaid, for the following reasons : 
 
 It appeared in snch examination that said claim consisted 
 mostly in the claimants' estimated rental value of the premises 
 held in quarantine, such estimate of rental value being based 
 upon the rent and income which had been derived from said 
 premises when in a healthy condition, proper to be rented and 
 used ; whereas at the time said premises were so placed in 
 quarantine and during all of said period in which they were 
 so held in quarantine, they were thoroughly infected with the 
 disease of contagious pleuro-pneumonia, and could not have 
 been rented and used for keeping cattle thereon without 
 endangering the health and lives of such cattle and the 
 spreading of such disease throughout the country, and what- 
 ever rental value said premises may have had when in a 
 healthy condition, proper to be rented and used, had been and 
 was substantially destroyed, for the time, by the existence of 
 said disease thereon, and not by operation of law, nor by any 
 order, proclamation or action of the Governor of this State, 
 or the Sheriff of Queens county, or any other officer or person 
 acting. thereon or under or by his direction or authority, nor 
 •by the fact that such premises were so placed and held in 
 quarantine, but, on the contrary, all of said acts and the 
 placing and holding of said premises in quarantine were for 
 the purpose of having the same renovated and removing said 
 disease therefrom and restoring them to a fit and proper con- 
 dition to be lawfuUy rented and used, aU of which was done 
 in obedience to and in accordance with the law of this State, 
 and in a proper manner, and in the shortest time practicable, 
 and at great expense to the State ; and to the manifest benefit 
 
78 Public Papers of Governoe Cornell. 
 
 and improvement of said premises and of their rental value. 
 
 4tli. The defendant denies that he has refused to audit or 
 consider the said claim ; and alleges that he has audited and 
 fully considered and determined upon and decided the same 
 as above stated. 
 
 5th. That all and every act and thing in relation to said 
 claim and the auditing and considering the same and the 
 voucher therefor, which the law authorizes or requires to be 
 done, by or on the part of the defendant, has been fully done, 
 determined and completed, and it is respectfully alleged and 
 submitted that no question or thing pertaining thereto remains 
 undone or undetermined, over which the defendant, or the 
 court, is required or authorized to exercise any jurisdiction 
 or control. 
 
 All of which is respectfully submitted. 
 
 Albany, May 13, 1881. 
 
 (Signed) ALONZO B. COENELL. 
 
 Entered .hme 4, 1881. 
 
 Veto, Senate Bill No. 398, foe Building a Eefresh- 
 MENT House in Central Park. 
 
 STATE OF NEW YOEK : 
 
 Executive Chamber, I 
 Albany, June 6, 1881. | 
 To the Senate : 
 
 Senate bill No. 398, entitled ' 'An act to authorize the erec- 
 tion of a building to be used as a refreshment house at Mount 
 St. Vincent in the Central Park of the city of New York, and 
 to provide the necessary means therefor, ' ' is herewith returned 
 without approval. 
 
 This is a proposition to increase the public debt of the city 
 of New York seventy-live thousand dollars, to erect a build- 
 
Pi^BLic Papers of Governor Cornell. 79 
 
 ing in Central Park to be rented as a honse of refreshment. 
 The indebtedness of the city is already far too great, and 
 should not be enlarged except for some meritorious and ne- 
 cessary object. Indeed, the future welfare of the city would 
 be enhanced by the adoption of some arbitrary measure that 
 would insure a certain, positive reduction of the debt each 
 and every year until it be wholly extinguished. This, how- 
 ever, would of necessity be a slow and tedious process under 
 the most favorable circumstances. The demand for increased 
 water supply and other improvements which cannot be post- 
 poned, will largely impede the best plan that may be devised 
 for reducing the debt; hence no expenditure should be allowed 
 for any purpose not absolutely essential to the welfare and 
 prosperity of the city. 
 
 A house of refreshment in Central Park cannot in any 
 proper sense be regarded as indispensable. The number of 
 people who frequented the house recently destroyed by fire 
 was really insignificant in comparison witli the whole number 
 visiting the park. If rebuilt it would be for the pleasure of 
 the few, and wholly in disregard of the interests of the many. 
 
 Private enterprise may safely be relied on to provide ample 
 
 accommodations for the class of people who patronize such 
 
 places, and it will be quite as much to the credit of the city 
 
 that resorts of the character proposed be located outside of 
 
 the park rather than within it. 
 
 ^ ALONZO B. COENELL. 
 
 Veto, Assembly Bill No. 566, for the Publication of 
 THE Registry of Voters in New York City. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Ai.BATHY, June 6, ,1881. f 
 
 To the Assembly : 
 Assembly bill No. 566, entitled "An act to provide for the 
 
80 Public Papers of GoyerjS'oe Corjtell. 
 
 publication of tlie registry of voters in the city and county of 
 New York," is herewith returned without approval. 
 
 It is difficult to realize that any practical benefit would be 
 secured by the passage of this measure commensurate with 
 the expenditure necessarily involved. The publication of two 
 hundred thousand names in one mass would make a cumber- 
 some document, which could hardly be expected to secure a 
 general circulation, and without which no material advantage 
 would accrue. If greater publicity of the registry than is now 
 provided be desirable, a better plan would be to pitblish the 
 list of voters registered, by election districts, and furnish a 
 copy to each elector whose name appeared therein. This 
 would insure the widest circulation and be more likely to 
 lead to the detection and exposure of illegal or erroneous 
 registration. Such plan might necessitate a somewhat larger 
 expense than the consolidated publication proposed by the 
 bill, but its manifest advantages would certainly justify the 
 increase, if any were required. A very limited number of 
 persons in each election district take the interest to examine 
 the registry lists. Ample opportunity is already afforded 
 them for all necessary scrutiny, and political committees can 
 easily provide themselves with copies, which they are now 
 generally accustomed to do. General publication would 
 undoubtedly prove a convenience to these organizations, and 
 relieve them from the exjjense of copying the lists. The same 
 is true in regard to candidates, who may desire to address 
 circulars or tickets to voters; but there can be no obligation 
 on the part of the city to incur expense in behalf of these 
 interests. 
 
 To mass the names of the electors of the entire city in a 
 single publication would furnish great facilities for evil-dis- 
 posed persons to plan and perpetrate fraudulent voting. 
 With such a list in hand it would be an easy matter to select 
 names for repeaters to go from one district to another, person- 
 ating genuine voters. 
 
Public Papers of Goverxoe Cornell. 81 
 
 It may be claimed that opportunity for such fraud already 
 exists; but it must also be admitted the greater publicity 
 would add largely to the evils which now menace the rights 
 of citizens. The right of suffrage is justly prized as the safe- 
 guard of citizenship. Every possible protection of this right 
 should be afforded, and all designs for its abuse should be 
 sacredly guarded against. It is feared, however, that this 
 bill would expose it to new dangers. 
 
 ALOXZO B. CORNELL. 
 
 Veto, Assembly Bill Xo. 93, ix Relatiox to Mmixa 
 
 Companies. 
 
 STATE OF XEW YORK : 
 
 ExKruTivE Chamber, , 
 Albany, June 7, 1881. j 
 To the Assembly : 
 
 Assembly bill No. 93, entitled "An act in relation to mining 
 companies," is herewith returned without approval. 
 
 It is proposed liy this bill that every mining company, 
 organized under the general law or any special law of this 
 State, shall, every three months, make a detailed quarterly 
 statement of its financial condition, showing its assets and 
 liabilities and operations for tlie preceding quarter ; such 
 report to be made to the State Engineer, and published in a 
 daily paper at Albany and a daily paper in the jAac^^ where 
 the office of the company or its agent is located, for al. least 
 one week immediately after filing the report. 
 
 This requirement seems to be extremely onerous, if not 
 unnecessary. The general law provides that a report of the 
 financial condition of these companies shall be made and pub- 
 lished annually ; and no good reason is apparent for requiring 
 such a radical change from the present mode as the one now 
 
 proposed. 
 
 ALONZO B. CORNELL. 
 
82 Public Papers of Governor Cornell. 
 
 V 
 
 Veto, Assembly Bill No. 371, of certain Items in the 
 
 Supply Bill. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, June 7, 1881. ( 
 To the Assembly : 
 
 A copy of the statement of the items of appropriation to 
 which objections have been made, contained in Assembly bill 
 No. 371, entitled "An act making apjjropriations f'j certain 
 expenses of government, and supplying deficiencies in former 
 appropriations," is herewith respectfully transmitted. The 
 statement was duly appended to the said bill at the time of 
 its approval, pursuant to the provisions of the ninth section 
 of article four of the Constitution. 
 
 (Signed) ALONZO B. CORNELL. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, June 7, 1881. \ 
 Statement of items objected to and not approved^ contained 
 in Assembly bill No. 371, entitled "An act making appro- 
 priations for certain expenses of government and supply- 
 ing deficiencies in former appropriations T 
 The several items herein enumerated contained in Assembly 
 bill No. 371, entitled "An act making appropriations for cer- 
 tain expenses of government, and supplying deficiencies in 
 former appropriations," are objected to and not approved, for 
 reasons hereinafter stated. 
 
 For deficiency in appropriations for advances by the Comptroller to tlie clerks 
 of the Senate and Assembly, for contingent expenses, eight thousand five hundred 
 dollars, or so much tliereof as may be necessary. . 
 
 This item is objected to and not approved, for the reason 
 that the Comptroller is of opinion that tJie existing appropri- 
 ation is adequate for all necessary and proper demands 
 TiI)on it. 
 
Public Papers of Goveiixok C(irxell. 
 
 83 
 
 For removing a portion of tlie Senate library from llie old to the newcapitol, and 
 the remaining portion thereof from the court of appeals chambers, including the 
 documents and papers on file; for arranging and indexing the same, uhder the 
 direction of the clerk of the Senate, and for preparing and removing to the execu- 
 tive chamber a portion of the library in the old capitol, for the use of the Gover- 
 nor, the sum of tvrelve hundred dollars, to be paid on the certificate of the clerk 
 o'f the Senate to parties entitled thereto; and for removing from the old capitol the 
 remainder of the books belonging to the Assembly library, and arranging the 
 same, and for re-binding the books in the Assembly library now in a dilapidated 
 condition, the sum of twelve hundred dollars, to be paid on the certificate of the clerk 
 of the Assembly, and the work to be done under his direction. 
 
 This item is objected to and not approved for the reason 
 that it proposes to authorize an expenditure wholly dispro- 
 portionate to the value of the service provided for or necessary 
 for the purpose. 
 
 For Charles H. Peck, for traveling and other experises incurred by him in 
 the discharue of his duties as State botanist, one hundred and two dollars and 
 fifty-three cents. 
 
 This item is objected to and not approved, for the reason 
 that adequate provision has already been made for the services 
 required, and no obligation rests upon the State to pay 
 expenses connected therewith. 
 
 For the purpose of protecting the public health, the Governor shall appoint a 
 person whose duty it shall be to see that the provisions of chapter four hundred 
 and fifteen of the Laws of eighteen hundred and seventy-seven, chapter four hun- 
 dred and thirty-nine of the Laws of eighteen hundred and eighty, or any law 
 amendatory thereof, are fully enforced, who shall receive an annual salary of three 
 thousand dollars, to be paid in quarterly installments, and who shall hold his office 
 during the term of the Governor making the appointment, and the sum of three 
 thousand dollars is hereby appropriated out of any money in the treasury not 
 otherwise appropriated, for the payment of said salary. 
 
 This item is objected to and not approved for the reason 
 that the proposed exi^enditure is believed to be unnecessary. 
 The State. should not be expected to provide a special agent 
 to see to the enforcement of each separate law. The courts 
 have been established and are maintained for the purpose of 
 punishing those who violate the laws, and they are believed 
 to be fully adequate to protect public interests in this regard. 
 
 Of the appropriation for the Attorney-General the item which reads as follows: 
 " For payment of the services, expenses and disbursements of counsel appointed 
 on the retainer of the late Attorney-General Fairchild, to defend the late Auditor 
 of the Canal Department in a suit brought against him on the relation of Orrin 
 
84 Public Papers of Governor Cornell. 
 
 W. Sage, eighteen hundred and six dollars and ten cents, or so much thereof as 
 may be necessary ; and " — 
 
 This item is objected to and not a] 'proved for the reason 
 thdt the amount proposed is regarded as an extravagant and 
 unreasonable allowance for the services and expenses in the 
 case named. 
 
 For deficiency in the appropriations for the stenographers in the second judicial 
 district, appointed under chapter seven hundred and sixty-fire of the laws of 
 eighteen hundred and sixty-eight, five hundred dollars, said amount to be paid 
 only from money which shall have been or shall be paid into the treasury for 
 taxes levied for the purposes of said act and in pursuance thereof. 
 
 This item is objected to and not approved for the reason 
 that the law under which the stenographers were appointed 
 was repealed in 1877, and no good reason is apparent why an 
 appropriation to provide for a deficiency under the operations 
 of that law should be necessary at this late date. 
 
 Of the appropriation for the Honiceopathic Asylum for the Insane, at Middle- 
 town, the item which reads as follows; " For grading grounds in rear of the same, 
 for setting out shade trees, constructing roads and walks, and for paving, three 
 thousand dollars." 
 
 This item is objected to and not approved, for the reaspn^ 
 that the State should not be taxed for elaborate pleasure 
 grounds in connection with institutions of this character, and 
 for the benefit of neighborhoods. While the embellishments 
 suggested might add to the surroundings, there is no such 
 necessity for them as , to justify the expenditure proposed. 
 The State should not be expected to lay ont and maintain 
 ornamental parks simply to gratify local pride. 
 
 Of the appropriation for the Willard Asylum for the Insane, the item v/tdcii 
 reads as follows: "And for the erection of a building for storage, with hall in 
 second story for assembly and recreation of patients, seven thousand dollars." 
 
 This item is objected to and not approved, for the reason 
 tliat it is not deemed an appropriate time for the commence- 
 ment of new buildings for the use of the insane. Until the 
 buildings now in progress shall be completed and fitted for 
 use, the people should not be taxed for additional structures. 
 
 Of the appropriation for the Buffalo State Asylum for the Insane, the items 
 which read as follows: " For furnishing the several wards, nine thousand dol- 
 lars; for furnishingtlie administration building, one thousand dollars; for washing- 
 
Public Papers of Governou Cornell. 85 
 
 machines, wringer, mangle, shafting, pulltys, hangers, and putting up the same, 
 and fitting up washing and ironing rooms, two thousand dollars;" and, "for 
 bakery, nine hundred dollars.' 
 
 These several items are objected to and not approved, for 
 the reason that the objects named wei-e expressly provided for 
 by appropriation in 1879. 
 
 For the Society for the Reformation of .Ju%-enile Delinquents, in the city of 
 New York, for repairs of plumbing and sewerage system in the several dejiai-t- 
 ments and grounds of the institution, and for mason work connected there- 
 with, pursuant to the direction of the Board of Health of the city of New York, 
 eight thousand dollars, or so much thereof as may be necessary. 
 
 This item is objected to and not approved, for tlie reason 
 that the State has already made generous provision for the 
 institution in question, and should not he called upon for 
 further contributions. 
 
 For deficiency in appropriations for the maintenance of convicts sentenced to 
 penitentiaries, twenty-five thousand dollars. 
 
 This item is objected to and not aj^proved, for the reason 
 that ample provision has already been made' in the regular 
 appropriation bills to discharge all reasonable obligations of 
 the State in respect to penitentiaries. Tliere are now in these 
 institutions, hundreds of prisoners who could be provided for 
 in the State prisons without cost to the treasury. 
 
 It is not reasonable to expecl the State to pay the i)eniten- 
 tiaries for the keeping of convicts who can more than earn 
 their own living, especially when the State is obliged to m:iin- 
 tain prisons in which those confined woirld be a source of 
 proht instead of expense. 
 
 For the Seamen's Retreat Hospital on Staten Island, for steam-heating appa- 
 ratus, five thousand dollars; for reimbursing, in ]iart, the hospital fund, for 
 amounts expended therefrom, for interest, insurance, repairs and completion of 
 buildings during the year eighteen hundred and eighty, six thousand dollars; for 
 repairs to the cemetery, including iron fence, fifteen hundred dollars; for build- 
 ing a line fence aroun-d hospital property, two thousand five hundred dollars; for 
 repairs of sewer and its extension below low-water mark, four hundred dollars, 
 and for repairs and painting of hospital roof, six hundred dollars. 
 
 These several items are objected to and not approved, for 
 the reason that before a larger investment be made in this 
 property by the State, it is desirable that some definite policy 
 
86 Public Papers ofGovernor Cornexl. 
 
 shall be determined upon in reference to the future support 
 and management of 1 he institution. The State has contributed 
 §60,000 to extinguish a mortgage on the property, on the rep- 
 resenvation that no further assistance would be required. 
 Although the mortgage was fully paid last year, the State is 
 now asked to contribute §15,000 for the support of the hospi- 
 tal. No satisfactory reason has been given for this demand, 
 which should not be granted without. 
 
 Of the appropriation for the city of Syracuse, the item which reads as follows: 
 "Of the local assessment and expenses for paving on Salina street, in said city, in 
 front of the Salt Springs office, in eighteen. hundred and seventy-six, three hun- 
 dred and eighty -two dollars and seventy-two cents, and " 
 
 This item is objected to and not approved, for the reason 
 that the State should not be taxed for local assessments of 
 this kind. The city of Syracuse is largely benefited by the 
 use and maintenance of the property in question by the State, 
 and there is no propriety or equit}' in charging it with a lia- 
 bility for such local improvement. 
 
 The item for sewerage is approved, for the reason that the 
 State enjoyed a benefit from the improvement in the increased 
 value of vacant pi'operty adjacent thereto. 
 
 For the construction of a retaining wall on the north and east side i if the bridge 
 across the canal on James street in the city of Rome, along the southerly line of 
 Whitesboro street, the sum of five thousand dollars, or so much thereof as may be 
 necessary. Said wall to be constructed under the direction of the Superintendent 
 of Public Works, by contract or otherwise, as said Superintendent may elect. 
 
 This item is . >bjected to and not approved, for the reason 
 that it is not regarded as a legitimate object of expenditure' 
 by the State. If it be necessary at all, the city of Romt' 
 should bear the expense. 
 
 For James I. Hart, assistant sergeant-at-arms and postmaster of the Senate, for 
 the expenses of the committee appointed by the clerk of the Senate to attend the 
 funeral of Chauncy 0. Abbott, late clerk of the committee on cities of the Senate, 
 one hundred and seventy-five dollars, 'or so much thereof as may be necessary, 
 payable on vouchers to be approved by the clerk of the Senate. 
 
 This item is objected to and not approved, for the reason 
 that the object is not a proper one for public expenditure. 
 The expense incurred was a voluntary one, and had no rela- 
 tion to official duty. 
 
Public Papers of GovERisroR Cornell. 87 
 
 For the comptroller for the payment of work clone for the State by order of 
 legislative committees in the discharge of their duties as such committees, or by 
 officers of the government in excess of the appropriations for such work which the 
 board of audit has certified was done in good faith, and that the charges tliereof are 
 reasonable, the sum of four thousand three hundred and sixty-eight dollars and 
 eighty-eight cents. 
 
 This item is objected to and not approved, for the reason 
 that the State is neither legally nor equitaldy liable for the 
 work cltiimed to have br-en done. So long as such irregulari- 
 ties are disregarded, and appropriations are made to meet 
 them, the treasury will be taxed to unjust and unnecessary 
 limits. 
 
 For repairing the roads on the Onondaga Indian reservation, the sum of one 
 thousand dollars, to be expended under the supervision of Z. Lawrence Beel)e, of 
 the town of Onondaga, who is.hereby appointed a commissioner for that purpose, 
 who shall receive out of such sum three dollars per day for each full day ow.-upied 
 by him in the discharge of such duty, but for not exceeding fifteen days in the 
 aggregate, and who shall execute to tlie people of this State a bond to be 
 approved by the comptroller, for the faithful performance of his duties as such 
 commissioner. 
 
 This itP'M is objected to and not approved, for the reason 
 that the roads in question should be repaired in the manner 
 provided by the general laws relating to highways. 
 
 For the repair and rebuilding of the bridge across the Alh'gany river at Red 
 House, (.'attaraugus county, on the .Allegany Indian reservation, four thousand 
 dollars, or so much thereof as may be necessary, to be expended under the super- 
 vision of James Frink and 'I'homas Rosenburg, of Red House, and William H. 
 Aldrich, of Randolph, in said county, who are hereby appointed commissioners 
 for that purpose, who shall each receive out of said sum three dollars per day for 
 each full day occupied in and about such supervision, but the total compensation 
 of such commissioners shall not exceed the sum of three hundred dollars. Before 
 entering upon the duties of their office the said commissioners shall execute to the 
 people of this State a bond, to be approved by th6 comptroller, for the faithful 
 execution of the duties herein imposed. 
 
 This item is objected to and not approved, for the reason 
 that the bridge named should be repaired or rebuilt by the 
 town or county in which it is located. There is no more rea- 
 sofi \vhy it sh.nild be kept up by the State than hundreds of 
 other bridges. If this appropriation should be made it would 
 become a precedent on which numerous other demands for 
 local brid<Tes would be presented for consideration. 
 
88 Public Papers of Governor Cornell. 
 
 For the town of Onondaga, Onondaga county, to re-imburse it for money 
 expended in the repair of tlie bridge over Onondaga creek, on tlie Onondaga 
 Indian reservation, in the Tully road, one liundred and eighty-five dollars and 
 
 seventy-one cents. 
 
 This item is objected to and not approved, for the reason 
 that the bridge in question fehonld properly be maintained by 
 either tlie town or county of Onondaga. If the town has any 
 right lo reimbursement in the premises, it lies against the 
 county and not the State. 
 
 The unexpended balance of the appropriation of twenty-tvro thousand eight 
 hundred dollars, made in chapter one hundred and ninety-three of the Laws of 
 eighteen hundred and seventy-six, "to refund to contractors the amounts depos- 
 ited by them in trust with the late treasurer in pursuance of chapter eight hun- 
 dred and fifty of the Laws of eighteen hundred and seventy -two, and chapter seven 
 hundred and sixty-six of the Laws of eighteen hundred and seventy -three, with 
 such equitable interest as may be due thereon," being the sum of two thousand 
 four hundred dollars, is hereby re-appropriated for the same purpose, and the 
 further sum of eleven hundred and fifty-two dollars, or so much thereof as may 
 be necessary, is hereby appropriated to pay such interest on such deposits as may 
 be equitable. 
 
 This item is objected to and not approved, for the reason 
 that the Canal Board in 1876 refused to recognize the claims 
 for refunding the moneys in question, and nothing has 
 occurred since to impeach the wisdom of that conclusion. 
 
 Of the apjiropriation for the commissioners of quarantine, the items which 
 read, " for repair of rip-rap wall, roofs of buildings, steam pumps and plumbing 
 on Hoffman Island, four thousand dollars," and "repair of docks and for dredg- 
 ing at upper boarding station, one thousand dollars." 
 
 These two items are objected to and not approved, lor the 
 reason that the ap]3ropriations for the quarantine establish- 
 ment are deemed quite sufficient without them. ' 
 
 The corporation formjd under and jmrsuant to the authority of chapter four 
 hundred and ninety-two of the Laws of eighteen hundred and seventy, for the 
 purpose of constructing warehouses, docks and wharves for quarantine purjioses 
 in the bay of New York, shall not be deemed dissolved if it shall commence its 
 operation within two years from the passage of this act. 
 
 The item is objected to and not approved, for the reason 
 
 that it is regarded as unwise and irapi'OX'er legislation to be 
 
 inserted in an apjDropriation bill. If the corporation is to be 
 
 revived it should be done on its own merits and in a separate 
 
 bill. 
 
 ALONZO B. COEIS^ELL. 
 
Public Papers of Governor Cornell. 89 
 
 Veto, Assembly Bill No. 358, Authorizi^-o the Co:s-- 
 
 STRUCTIOW of a BrIDGE OVER THE ErIE CaXAL AT 
 
 Rochester. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, June 7. 1881. ( 
 To the Assembly : 
 
 Assembly bill No. 358, entitled "An act authorizing and 
 empowering the common council of the city of Rochester to 
 construct a lift, hoist or swing bridge over the Erie canal at 
 Lyell street, in the city of Rochester," is herewith returned 
 without approval. 
 
 This bill, as its title indicates, proj^oses to authorize the ity 
 of Rochester to construct a bridge over the Erie canal at a 
 point named within that city ; and, being a local bill, it is 
 therefore obnoxious to the eighteenth section of the third 
 article of the Constitution. The object could probably be 
 secured by an amendment to the city charter, or by a clause in 
 some general bill relating to the Erie canal ; but, as an inde- 
 pendent measure relating solely to the construction of the 
 proposed bridge, it is difficult to see how the restriction of 
 the Constitution is to be avoided. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill, not printed, Reoulatin(, Manu- 
 facture AND Sale of Oleomargarine. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ( 
 Albany, June 8, 1881- \ 
 
 To the Assembly : 
 
 Assemlily bill, introductory number 699, entitled "An act 
 to regulate the manufacture and sale of oleomargarine or any 
 
90 Public Papers of Gtovernor Cornell. 
 
 form of imitation butter and lard, or any form of imitat'on 
 cheese, for the prevention of fraud, and the better protection 
 of the public health," is herewith returned without approval. 
 
 The object of this bill being so nearly identical with the one 
 recently returned to the Assembly without approval, it has 
 induced me to give very careful consideration to its provisions, 
 with the desire, if possible, to avoid further difference with 
 the Legislature on this subject. 
 
 Unfortunately, however, the inconsistencies of the measure 
 are so glaring as to render it really more objertionable than 
 the previous bill. By the first; section the use of coloring 
 matter in any article or substance in semblance of natural 
 butter or cheese, not the legitimate product of the dairy, is 
 prohibited, while the fourth section countenances and permits 
 the use of coloring matter in natural butter and cheese. 
 
 If injiirious to the public health, the State, in the exercise 
 of its police powers, can undoubtedly prohibit the use of col- 
 oring substance in any article of food, but cannot and should 
 not discriminate by preventing its use in one article and allow- 
 ing it in another. There is no pretense^ though, that the 
 article prohibited is in any wise prejudicial to public health; 
 and this is substantially acknowledged by the terms of the 
 fourth section. 
 
 The third section, also, prohibits the use of coloring matter 
 in oleomargarine and other articles, in direct violation of privi- 
 leges gra,nted under the patent laws of the United States. The 
 specifications on which these patents were issued, provide defi- 
 nitely for the use of coloring matter, and unless it can be 
 established that such use is detrimental to public health, the 
 State has no pov^er to prevent it. 
 
 The Constitution of the United States provides that no State 
 shall "deny to any person within its jurisdiction the equal 
 protection of the laws." This guaranty of equal rights is one 
 which every State in the Union must respect. It is designed 
 
Public Papers of Governor •' Cornell. 91 
 
 to prevent discriminating legislation as well as unjust and 
 partial administration of law. If the iise of coloring matter 
 is in itself harmless the State has no power to say that certain 
 manufacturers shall not use it while others may do so. If, on 
 the other hand, it be de&med hurtful, then all should alike be 
 prohibited from using it. 
 
 The advocates of this bill frankly acknowledge tliat the 
 coloring matter is not deleterious to health, but claim that its 
 use enables the manufacturers of certain unwholesome prod- 
 ucts to simulate natural butter and cheese, and thereby deceive 
 consumers. If, to prevent imposition, this evil is sufficient to 
 warrant legislation, then the remedy should be directed 
 against the injurious or xmhealthy ingredients, and not those 
 admitted to be harmless. 
 
 The title of the bill has much significance when considered 
 in connection with its terms and provisions. Besides other 
 things, it proposes to ' ' regulate the manufacture of oleo- 
 margarine" and provide for "the better protection of the 
 public health." The only regulation the bill itself undertakes 
 in regard to the manufacture of oleomargarine is to prohibit 
 the use of coloring matter which is expressly authorized by a 
 law 6f Congress. As for the better protection of the public 
 health there is absolute silence. The promise of the title is 
 'broken or perverted by the provisions of the bill. Another 
 misfortune of this measure is that it is an attempt under the 
 guise of protecting public health to benefit one class of pro- 
 ducers at the expense and injury of another. No material evi- 
 dence has been produced to demonstrate that the public health 
 is menaced by the use of what the bill proposes to prohibit, 
 hence the absence of any reference to the public health in the 
 body of the bill is not surprising. It seems to be a well-estab- 
 lished fact that chemical science and business enterprise have 
 combined to produce an article which competes largely with the 
 poorer products of our dairies. Desirable as it is to afford 
 
92 Public Papees of Gtoyeknok Coenkll. 
 
 agricultural interests every possible advantage in such compe- 
 tition, the rights of other interests should not be ignored. We 
 live in a land of law and liberty. Equal rights are guaranteed 
 to all citizens. If their vocations be not dangerous or prejudi- 
 cial to the public welfare, they cannot rightfully be restrained 
 in the exercise of the largest liberty consistent with law and 
 order. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 754, relating to Meteopolitan 
 Teansit Compact. 
 
 STATE OF NEW YORK : 
 
 ExECtTTIYE ChAMBEE, 1 
 
 Albany, June 8, 1881. \ 
 To the Assembli/ : 
 
 Assembly bill No. 754, entitled ' ' An act supplementary to 
 chapter eight hundred and thirty-three of the laAvs of eight- 
 een hundred and seventy-two, relating to the Metropolitan 
 Transit Company,'" is herewith returned without apjDroval. 
 
 Special charters for city railways enacted prior to the 
 amendment of the Constitution in 1874, so far as relates to 
 their original routes, are free from the restrictions now im- 
 posed by the fundamental law of the State. All extensions 
 of the routes as then fixed must be subject to the new (Con- 
 stitutional provisions. In this respect the present bill is at 
 fault, inasmuch as it proposes to authorize a change in the 
 location of two bridges over the Harlem river, to connect the 
 same with the line of the company's road and with any rail- 
 road now or hereafter constructed. 
 
 Among the several enumerated powers which the Legisla- 
 ture is prohibited from exercising in a private or local bill, is 
 that of "granting to any corporation, association or individ- 
 ual the right to lay down railroad tracks.'' This is a definite 
 
Public Papees of Governor Cornell. 93 
 
 and absolute bar to the privilege this bill proposes to confer 
 upon the Metropolitan Transit Company. 
 
 Independent of any Constitutional obstacle, the unlimited 
 license which the bill aims to grant in changing the location 
 of the two bridges "to any point westerly of Eighth avenue," 
 is especially objectionable. If the Harlem river divided a 
 wilderness it might do to permit a railway corporation to 
 make its own choice for its crossings, but. considering the 
 present and probable future character of the locality in ques- 
 tion, such an unrestricted privilege should not be granted. 
 
 ALONZO B. CORNELL. 
 
 Teto, Assemblt Bill No. 35, Sheriff's Jury in the City 
 
 AND COXJ.VTY of NeW YoRK. 
 
 STATE OF NEW YOEK : 
 
 Executive Chamber, i 
 Albany, June 10, 1881. \ 
 To th(. Assembly : 
 
 Assembly bill No, 35, entitled "An act to regulate the 
 selection of the sheriff's jury in the city and county of New 
 York," is herewith return.ed without approval. 
 
 The sheriff's jury in the county of New York consists of a 
 large number of persons selected from \ the general list of 
 jurors of the countj% and exempted from all other jury duty. 
 The authority to make this selection is now vested in a board 
 of several members, ['that also selects the grand jurors of the 
 county. Membership of the sheriff's jury is regarded highly 
 desirable, and is much sought after because of the exemption 
 it affords from the more onerous requirements of other juries;. 
 and also for the reason that the duties demanded are usually 
 performed after business hours, thereby avoiding serious, 
 interference with the ordinary vocations of business men. 
 
94 Public Papers of Governor Cornell. 
 
 TJi'e transfer of the power of selecting the jury to the sheriff 
 alone, as proposed by the accompanying bill, is open to serious 
 objection, inasmuch as it would afford opportunities for fav- 
 oritism, and possibly worse abuses. By all means the selection 
 of jurors should be free from partisan influence, which could 
 not always be expected if intrusted to the officer named. 
 Sheriffs are generally very zealous and efficient members of 
 political organizations ; and they should not, therefore, be 
 intrusted with duties of this character. 
 
 No good reason is apparent why the selection of the sheriff'' s 
 jury should be taken from the authorities now charged with 
 this duty. The board consists of the mayor, the presiding 
 judges of Supreme, Superior and Common Pleas courts, the 
 recorder and city judge, and this seems to be an appropriate 
 composition of officials for the purpose designed. It is diffi- 
 cult to understand the motive of removing the power from a 
 board thus constituted to a single officer, and especially to one 
 so directly within the reach of political influence. 
 
 Aside from the foregoing considerations, a serious objection 
 to the proposed change consists in the desirability of having 
 the various jury lists selected in such manner as to insure in 
 their composition a fair share of intelligence and respectability. 
 The highest interests of the people are involved in the charac- 
 ter of individuals who serve as jurors, and all danger of deteri- 
 oration in this regard should be studiously avoided. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Goveknoe Corxell. 95 
 
 Veto, Assembly Bill No. 465, to Supply Water to the 
 City of Kew York from Lakes and Reservoirs in the 
 County of Putnam. 
 
 STATE OF NEW YORK: 
 
 Executia'e Chamber, ) 
 Albany, June 10, 1881. \ 
 To the Assembly : 
 
 Assembly bill No. 465, entitled "An act relating to the sup- 
 plying the city and county of New York with pure and 
 wholesome water in greater quantity, providing additional 
 facilities for obtaining and storing the same, and also a uni- 
 form system in drawing off the same from reservoirs and lakes 
 in Putnam county, and for the better protection of such 
 reservoirs and lakes, and for the appointment of water in- 
 spectors to carry out the provisions of this act," is herewith 
 returned without approval. 
 
 For the purpose of furnishing the vast and rapidly increas- 
 ing population of the city of New York with pure and whole- 
 some water, it has been necessary to seek a supply beyond the 
 limits of the city. From the nature of local surroundings 
 the most (ionvenient, available, and indeed, only practicable 
 source from which to obtain this great necessity, was the ter- 
 ritory lying directly north of Mahattan Island. 
 
 Under legislation beginning in 1834, and supplemented by 
 acts adopted at almost every session of the Legislature since 
 that date, the Croton water establishment has been built up, 
 until it has become one of the notable institutions of its kind 
 in the whole world. With the continued growth of the city 
 the Croton river proved inadequate to furnish the requisite 
 amount of water, and an additional supply has thus been pro- 
 cured by utilizing a number of small lakes, in Putnam county. 
 
 The city has acquired in due legal form and now owns by 
 virtue of grants, on ample compensation therefor, amounting 
 to more than two hirndred thousand doUars, all of the prop- 
 
96 Public Papers of Goveenor Cornell. 
 
 erty rights involved, and is entitled to the regulation and 
 management of this great public work, so essential to the 
 health and comfort of its citizens and the safety of their 
 property. 
 
 The principal object of this bill appears to be to give to the 
 coimty of Putnam, or rather to the clerk, sheriff and treasurer 
 of the county, the right to appoint fifteen residents thereof, 
 as inspectors of the several lakes belonging to tJie cily of New- 
 York, who shall direct and regulate the flow of water from 
 said lakes ; all of whom are to be paid by the city of New 
 York. 
 
 This appears to me a flagrant and unreasonable invasion of 
 the rights and privileges of the city, which cannot be justified 
 by any consideration of equity or propriety. 
 
 If the demand for this measure has its origin in any condi- 
 tion affecting the health of the neighborhood, an error has 
 been committed in the remedy selected to secure relief. The 
 State Board of Health is competent to afford all necessary aid 
 in this regard. Until this authority, when appealed to, shall 
 fail at least to secure proper alleviation on just cause of com- 
 plaint, no application for legislation should be entertained. 
 
 The ninth section of the bill contains a remarkable provi- 
 sion, and one which is highly objectionable. Under special 
 legislative authority the city has acquired ownership in the 
 waters of several lakes, which by the terms of the section 
 named is to terminate in 1886. The city has vested rights in 
 these lakes which the Legislature has no power to abrogate. 
 This section is believed to be directly in conflict with that pro- 
 vision of the Constitution of the United States which forbids 
 a State from enacting any law impairing the obligation (,>f 
 contract. 
 
 While municipal corporations are "subject to legislative con- 
 trol to almost unlimited extent, they yet have rights above 
 
Public Papers of Governor Corxell. 97 
 
 and beyond the reach of legislation. The possession of prop- 
 erty legally acquired by a city is a right of which it cannot 
 be deprived by legislative enactment. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill, not printed, Fixing- Compensation 
 OF Keepers of City Prison, New York City. 
 
 STATE OF NEAV YORK : 
 
 Executive Chamber, ) 
 Albany, June 11, 1881. )' 
 To the Assembly : 
 
 Assembly bill, introductory number 1258, entitled "An act 
 to fix* the compensation of the. keepers of the city prison in the 
 city of New York," is herewith returned without approval. 
 i^The last Legislature earned the gratitude of the tax payers 
 of the city of New York by enacting a law which, to a moderate 
 extent at least, relieved them from a portion of the burden 
 which has for many long years sorely oppressed them. That act 
 was aimed principally at the salaries of the employes of the city 
 government, and the severest criticism it merited was that 'it 
 did not go far enough. The long suffering property owners 
 were, however, thankful for the partial relief thus afforded, 
 and encouraged by the hope that the Legislature was at last 
 disposed to protect their interests. 
 
 The accompanying bill is a step in the wrong direction, 
 and is therefore to be regretted. It proposes to confer uj)on 
 the board of estimate and apportionment of the city of New 
 York, authority to fix and determine the amount of the com- 
 pensation of the keepers of the city prisons, at such rate as 
 they may deem proper, not to exceed one thousand dollars 
 per annum. The manifest object of the bill is to remove the 
 present limitation to the salaries of these officials placed upon 
 
 them by the act of last year. 
 
 7 
 
98 Public Papers of Governor Cornell. 
 
 The salaries as now fixed are quite sufficient to command, 
 abundant service, which meets the only consideration to be 
 regarded. If the present employes are not satisfied, they are 
 under no obligation to remain. Their places can be supplied 
 so quickly that their absence will never be noticed. It is a 
 notorious fact that the rate of compensation of city officials 
 is far in excess of that paid by private employers for equal 
 service, hence, if any change is to be made it should be in the 
 line of reduction. 
 
 The importance of the question at issue does not, however, 
 depend upon the magnitude of the bill under consideration. 
 Its main point is that of a beginning, which, if encouraged, 
 would be followed by like measures with no end. There is 
 no middle ground to be found in questions of this character. 
 When the rule of retrenchment is once broken it is impossible 
 to find a stopping place. An exception in favor of one class 
 of employes promotes discontent in many others, and to dis- 
 criminate between them is obviously impracticable. The only 
 safe rule is to hold resolutely to the advantage Avhich has been 
 gained in the direction of economy. 
 
 ALONZO B. COKNELL. 
 
 Veto, Sexate Bill No. 276, Freedom of Worship to 
 Inmates of certain Institutions. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 Albany, June 11, 1881. 
 
 To the Senate : 
 
 Senate bill No. 276, entitled "An act to secure to inmates of 
 institutions for tlie care of the poor, freedom of worship, and 
 to provide for the visitation of such institutions for that pur- 
 pose," is herewith returned without approval. 
 
 Even a casnal examination of the provisions of this bill will 
 
Public Papers of Governor Cornell. 99 
 
 readily demonstrate, that while its objects may be correct in 
 theory, it would be quite impracticable in its actual operation. 
 Freedom of worship is guaranteed by the Constitution and is 
 justly accepted as one of the most cherished rights of our 
 citizenship. To be able to enjoy that freedom, however, pre- 
 supposes certain conditions, important among which is the 
 ability of independent or self maintenance. Charitable insti- 
 tutions must of necessity be managed in the outset with 
 regard to economical support, and next with a view to proper 
 discipline. Provision for religious worship must depend upon 
 circumstances peculiar to each case. To expose the manage- 
 ment of these institutions to the caprice or notion of any five 
 citizens who may desire to interfere, perhaps from mischievous 
 motives, would be to excite endless confusion, and render dis- 
 cipline almost impossible. 
 
 The inmates of such places are not brought together prima- 
 rily for the purpose of religious instruction, but for either 
 charitable support or correction. Few of them have had 
 opportunities, if any disposition, for spiritual teaching ; and 
 they should not be subject to the rivalries of sectarian zealots. 
 The simpler forms of religious observance would quite likely 
 be as beneficial to these unfortunates as the most elabqrate 
 and demonstrative ceremony. The conflict of authority and 
 teaching that would inevitably arise from the enactment of 
 this measure could only lead to injurious results alike to the 
 inmates and the institutions. 
 
 ALONZO B. CORNELL. 
 
100 Public Papers of Governor Cornell. 
 
 Veto, AssEjrsLY Bill, not printed, Cornell Hose Com- 
 pany, Kingston. 
 
 STATE OF KEW YOEK : 
 
 Executive Chamber, i 
 Albany, June 13, 1881. j 
 To the Asssemhly : 
 
 Assembly bill, not printed, entitled "An act to incorporate 
 Cornell Hose Company number two of the city of Kingston, 
 New York," is herewith returned without approval. 
 
 General laws now in force are available and fully equal to 
 the purjpose designed by this bill, hence its enactment would 
 be a substantial disregard of the constitutional restriction 
 upon local legislation. 
 
 The municipal authorities of the city of Kingston are 
 invested with abundant power with reference to the organiza- 
 tion, management and discipline of its tire department, and 
 all separate organizations of which it is composed. If any of 
 the several companies have need of individual incorporation 
 for the purpose of acquiring, holding or conveying property, 
 this can readily be accomplished under the general statutes. 
 For all other purposes it is manifestly for the best interest of 
 the city that every branch of the fire department should be 
 directly subject to the municipal ordinances relating thereto. 
 
 A careful reading of the accompanying bill indicates a 
 design of placing this particular company in an attitude sub- 
 stantially independent of the city authorities at other times 
 than when in actual attendance at fires. If this be the object, 
 it would inevitably lead,' sooner or later, to insubordination 
 and trouble. One of the most useful and important functions 
 of municipal government, is a well regulated fire department, 
 and this can only be assured by wholesome discipline and 
 harmonious co-operation of the entire organization. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Gq-'erxor CoR>rELL. lOl 
 
 Veto, Assembly Bill ^o. 614, Coxfereing Jurisdictioi^ 
 ON Canal Appraisers in Tyrrell Case. 
 
 STATE OF XEW YORK : 
 
 Executive Chamber, i 
 Albany, June 13, 1881. \ 
 To the Assembly : 
 
 Assembly bill No. 614 entitled "An act conferring jnris- 
 diction on the Canal Appraisers to hear, determine and award 
 to John and James Tyrrell the damages by them sustained by 
 reason of the loss of their canal boat, carried out of the canal 
 through a break in the tow-path of the Erie canal, the claim 
 to which said damages has been heretofore examined by said 
 appraisers, and rejected on the ground of a want of jurisdiction 
 to make an award therein," is herewith returned wiihout 
 approval. 
 
 The title of this bill is a comprehensive statement of the 
 object of the. proposed enactment, from which it will be 
 observed that it is designed to afford relief in a case where 
 injury has resulted from the risks of canal navigation. The 
 claim in.question was filed in the office of the Canal Appraisers' 
 February 21, 1872, and heard by that board in 1876, when it 
 was dismissed for want of jurisdiction. There is serious 
 doubt whether this case is not now barred by the Constitution, 
 as to the limit of time within which claims against the State 
 shall be entertained. 
 
 The character of the claim is also a subject worthy of atten- 
 tion ; and it may well be questioned whether the State should 
 be held liable for injuries of this description. Assuming it 
 to be true that the loss occurred without the fault of those in 
 charge of the boat, and wholly in consequence of the break in 
 the canal, is it such damage as would properly render the State 
 liable % It wc)uld seem to be within the range of risks fairly 
 covered by marine insurance. The State certainly cannot be 
 regarded as an insurer. Boats navigate the canals subject to 
 
102 Public Papers of Goveenoe Coeneil. 
 
 all the hazards incident thereto, and abundant opportunities 
 of immunity by marine insurance are within the reach of all 
 ■\vho in prudence desire to take such precaution. It is no 
 fault of the State if the owners of boats who fail to provide 
 against disaster, suffer the penalty of their own neglect. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill, not printed, for Improvement of 
 Jackson Avenue, Long Island City. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 Albany, June 14, 1881. 
 To the Assembly : 
 
 Assembly bill, not printed, entitled "An act to amend chap- 
 ter five hundred and ninety-three of the Laws of eighteen 
 hundred and eighty, entitled 'An act to improve Jackson 
 avenue in Long Island City,' " is herewith returned without 
 approval. 
 
 The act which this bill is intended to amend, was enacted 
 last year, and provides for the improvement of Jackson ave- 
 nue in Long Island City, at a cost not exceeding eighteen 
 thousand dollars, to be paid by local assessments upon prop- 
 erty situated within three hundred feet on each side of said 
 avenue within the limits of the proposed improvement. 
 
 That portion of Jackson avenue embraced within the im- 
 provement district thus established is located beyond the 
 built-up section of the city. The property fronting on this 
 part of the avenue is largely occupied for agricultural pur- 
 poses, and is not now, nor is it likely very soon to be, in 
 demand for building. The avenue, which is one of the prin- 
 cipal thoroughfares between the towns of Queens county and 
 
Public Papers of G-overnor Cornell. 103 
 
 the New York ferries, is admitted to be in bad condition, and 
 sadly needs improvement. 
 
 The present bill enlarges the Jimit of the improvement dis- 
 trict somewhat, and increases the limit of expenditure from 
 eighteen thousand to eighty thousand dollars. A large 
 majority, and probably two-thirds of the owners of property 
 fronting the avenue oppose this measure, protesting that it 
 will be substantially destructive of the value of their i:)roperty. 
 The^ claim that practical coniiscation of their interests will 
 result from it ; that no benefit would accrue to them for many 
 years to come, if ever. They contend that the improvement 
 is really for the gain or advantage of interests which will con- 
 tribute nothing toward payinu for it. It is further represented 
 in behalf of the remonstrants that their present burden of 
 taxation is extremely onerous and far in excess of all revenue 
 to be derived from the property liable to taxation. Assuming 
 these representations to be worthy of credit, the adoption of 
 the present measure would seem to be quite unwarranted. 
 The city charter provides for local improvements upon the 
 petition of the owners of lands to be aflfec ted thereby, and the 
 Legislature should carefully discriminate as to local lights 
 when called upon to interfere in such cases. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 579, for the Relief of Peter 
 Kehr and others. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 Albany, Jtinir' 14, 1881. f 
 
 To the Assembly : 
 
 Assembly bill No. 579, entitled "An act for the relief of 
 Peter Kehr, John A. Kellner and Louis Ott,"" is herewith 
 returned without approval. 
 
104 PtTBLic Papers of Goveenok Cornell. 
 
 The claim for which this bill proposes to provide is one that 
 the charter of the city of New York renders void and non-col- 
 lectible. That instrument wisely provides that "no member 
 of the common council, head of a department, etc., shall be 
 directly or indirectly interested in any contract work or busi- 
 ness, or the sale of any article to be paid for from the city 
 treasury." All such contracts in which any such person is or 
 becomes interested shall, at the option of the comptroller, be 
 forfeited and void. A member of the firm which is alleged to 
 have furnished certain office furniture for the use- of the fire 
 department, in 1873, was at the time an alderman, and as such 
 was a member of the common council. By virtue of authority 
 vested in the comptroller by the charter, that officer refused 
 to pay for the articles in question, and remedy is now sought 
 to relieve the claimants from this disability. 
 
 There can be no doubt of the propriety and necessity of a 
 provision of this character to protect the city frOm collusion 
 and wrong. If the city officials were at liberty to furnish 
 their own supplies, there would be opportunities for favoritism 
 and corruption without end. It is only necessary to state this 
 proposition in order to realize its force and entire correctness. 
 Why, then, should an exception be made in the present 
 instance ': 
 
 If the Legislature intervene to condone an offense of this 
 description, it discredits the law under which the penalty was 
 incurred, and tempts others to disregard its wholesome warn- 
 ing. Aside from the objection advanced, it would be dangerous 
 to vitalize this claim, as a precedent would thus be established 
 for other and more flagrant one's. If the city treasury be 
 opened for the payment of these claimants, who can calculate 
 the amount that would follow in satisfaction of other even 
 more objectionable demands % 
 
 The Constitution provides that neither the Legislature nor 
 other authority acting in behalf of the State, shall audit, allow, 
 
Public Papers of Governor Cornell. 105 
 
 or pay any claim which, as between citizens of the State, would 
 be barred by lapse of time. It is respectfully submitted that 
 the Legislature should hesitate to legalize a claim against a 
 city, which, were it made against the State, would be barred by 
 the Constitution. The transaction on which the claim is based 
 • having occurred in 1873 it would seem contrary to the spirit 
 if not strict 1-tter of the constitutional limit quoted. 
 
 ALONZO B. CORNELL. 
 
 Special Mes>;age Recommending a Commission on Mat- 
 ters Pertaining to the War oe 1812. 
 
 STATE OF NEW YORK : 
 
 ( 
 
 Executive Chamber, 
 Albany, July 14, 1881. 
 
 To the Legislature : 
 
 Information received by me in a recent conference with an 
 officer of the United States Government in regard t.) the rela- 
 tions of this State with the United States, in matters pertain- 
 ing to the conduct of the War of 1812, warrants the belief 
 that the interests of this State require early attention by a 
 duly authorized commission, with power to take such action 
 as shall be deemed best, and as shall protect the rights and 
 privileges of the State of New York. The questions involved 
 are of such importance that the Legislature is recommended 
 to appoint a commission as above suggested, in order that 
 early attention may be given to the subject presented ; and it 
 is also recommended that a moderate appropriation be made 
 to carry out the object in view. 
 
 ALONZO B. CORNELL. 
 
106 Public Papers or Gtoyeenoe Cornell. 
 
 Yeto, •Assembly Bill 711, Relating to Duties and Fees 
 OF THE Clerk of Albany County. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, June 16, 1881. f 
 To the Assembly : 
 
 Assembly bill No. 711, entitled "An act relating to the 
 duties and fees of the clerk of Albany county, as county 
 clerk and as clerk of the courts of records of said county," 
 is herewith returned without approval. 
 
 Among the wisest provisions of the Constitution are those 
 contained in the amendments adopted in 1874, restricting legis- 
 lative power with reference to local affairs. One of these 
 embraced in section eighteen of article three, declares that 
 ' ' the Legislature shall not pass a private or local bill * * * 
 creating, increasing or decreasing fees, percentages or allow- 
 ances of public officers, during the terms for which said officers 
 are elected or appointed." The accompanying bill is directly 
 and irreconcilably in conflict with this provision, both in gen- 
 eral and in detail. Almost every section of the bill comes 
 within the constitutional prohibition. 
 
 In other respects also, the bill is objectionable ; particularly 
 so in providing that in many cases, where fees — now to be 
 paid by parties interested — are made a county charge ; and 
 the board of supervisors is required to audit and allow them 
 in the same manner as other coiinty charges. Certain duties 
 which now devolve upon the assessors of the city of Albany 
 for which they are compensated by the city, are by the second 
 section of this bill, transferred to the county clerk, for which 
 he is permitted to make a charge against the county. 
 
 Besides largely increasing the rate of fees now allowed by 
 law to the county clerk, the bill creates new fees for duties 
 which existing laws now require him to perform without 
 compensation ; and in addition to all this it provides for the 
 
Public Papers of Goveenor Corxell. lu7 
 
 payment to him of a salary of twelve hundred and fifty dol- 
 lars per annum for attendance in person, or by deputy, upon 
 the several courts to be held within said county. 
 
 Even if the bill were not repugnant to the Constitution, 
 under what pretense it can be justified is quite beyond com- 
 prehension. The office of County Clerk in nearly every 
 county is known to be provided with very generous emolu- 
 ments by the general laws. In the most populous counties, 
 indeed, the proceeds of the office are now believed to be too 
 large. It seems pertinent to inquire, therefore, wliy an official 
 already rewarded beyond reasonable limit, should be favored 
 by special legislation of this -character. 
 
 ALONZO B. CORNELL. 
 
 Yeto, Assembly Bill No. 726, for the Relief of 
 Patrick Duff, Administrator of Francis H. Duff. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ( 
 Albany, Juiu 16, 1881. f 
 To the Assembly : 
 
 Assembly bill No. 726, entitled "An act to provide for the 
 payment by the ci ty of Brooklyn to Patrick Dufl:, administra- 
 tor of Francis H. Duff, the balance due on a contract with said 
 city for grading and paving Sackett street," is herewith 
 returned without approval. 
 
 It is attempted by this bill to establish as a liabilitj- against 
 the city of Brooklyn a claim of three thousand nine hundred 
 and seventy-five dollars, with interest from March 4, 1870. 
 Without pausing to inquire of the merits upon which the 
 claim is based, the fact that the claimant failed to enforce its 
 collection within the limit of time during which an action 
 
108 PuPLic Papers of Governor Cornell. 
 
 could have been maintained against the city, is qnite enough 
 to cloud it with suspicion. 
 
 The Legislature is expressly prohibited from recognizing any 
 claim against the State, which, as between citizens of the State, 
 would be barred by the lapse of time. What possible justifi- 
 cation can there be for legalizing a claim against the city of 
 Brooklyn which, if made under like circumstances against the 
 State, could not be maintained '': 
 
 ALONZO B. COENELL. 
 
 Veto, Assembly Bill. Xo. 278, PE]srsiojsriN& Public School 
 Teachers in IVew York and Brooklyn. 
 
 STATE OF NEW YORK : 
 
 .1 
 
 Executive Chamber, 
 Albany, June 20, 1881. 
 
 To tJte Assembly : 
 
 Assembly bill No. 278, entitled "An act to aut'uorize the 
 retirement of teachers in the public schools of New York and 
 Brooklyn," is herewith returned without ax^proval. 
 
 Grave questions of public policy are involved in the provi- 
 sions of this bill. The proposition to create a class of pension- 
 ers to be permanently maintained by general taxation is too 
 important to be accepted on mere sentiment. A system like 
 the one proposed could only be justified on the ground that 
 the class to be thus favored had rendered service to the public 
 of exceptional value, or that the vacation pursued was espe- 
 cially hazardous. Can it be demonstrated that either of thi'se 
 alterjiative conditions arise in the case of public school 
 teachers '. 
 
 Provision is made for retiring army officers who, after forty 
 years of continuous service, attain the age of sixty-two ; and 
 
Public Papers of Governor Cornell. . 109 
 soldiers are pensioned on account of disability incurred in 
 active service. Policemen and firemen whose duties expose 
 them to extraordinary perils, both to health and life, jirealso 
 frequently rewarded with pensions. It cannot be fairly claimed 
 that the occupation of school teachers is in any proper sense 
 injurious to either health or life. On the contrary, with due 
 care and prudence, their calling is far more safe than many 
 others that might be enumerated. 
 
 Teaching is a creditable and meritorious pursuit, and one of 
 great usefulness, but it does not involve either personal sacri- 
 fice or undivided devotion to the public welfare ; nor does it 
 require greater ability or preparation than the other prof essions 
 of life. While the service is exacting and requires constant 
 attention to duty, it is neither arduous nor exhausting. The 
 compensation as a rule is fairly remunerative, and competent 
 talent commands ready employment. 
 
 Turning from the general question of the propriety of 
 establishing a systc^m of the character indicated, the particular 
 features of this measure invoke careful consideration. Teachers 
 employed for an aggregate period of twenty-five years, or, if dis- 
 abled by illness or accident occasioned in the performance of 
 .duty, after fifteen years' service, can apply to be retired, and 
 the board of education of New York or Brooklyn, by a two- 
 thirds vote, may retire them. Any teacher so retired shall 
 thereafter be entitled to an annual allowance, to be fixed by 
 the board of education at the time of retiremeht, which shall 
 not be less than one-half the salary received by such teacher 
 when so retired. The pension is, therefore, to be at least one- 
 half, and may beany higher rate up to full pay; and this, too, 
 presumably for life. 
 
 The bare statement of these premises is sufficient to demon- 
 strate their remarkable character. Teachers usually begin 
 their duties in early life ; probably not above twenty years of 
 age on an average. If continued in unbroken employment 
 
10 fUBLic Ir'APEES OF U-QVERNOR UORNELL. 
 
 he privilege of retiring would be reached at the age of f orty- 
 ive. At this time advantage might be taken of the provision 
 or retirement, and having secured the right allowed, the pen- 
 ioner could seek other and possibly more lucrative employ- 
 Qent than that of teaching. Other suggestions will readily 
 iccur how in many ways the system would be exposed to an 
 mreasonable and improper advantage, which could be almost 
 ndefinitely stated. 
 
 Assuming that a pension system may be adopted, several 
 eatures of this bill should be revised and corrected. Con- 
 inuotis instead of aggregate service, ought to be a condition 
 )recedent. The action of the Board of Education should also 
 )e subject to review by the Mayor. The rate of pension 
 hould be half pay or less instead of more, and be subject to 
 he action of the Board of Education from year to year. 
 
 Another consideration presents . itself in connection with 
 his measure which cannot be readily solved. "Would it really 
 )enefit the teachers as a class to offer this especial inducement 
 or them to remain contented in that vocation 'i Will it not 
 ake away from them much of the ambition to improve their 
 ondition and qualify themselves to seek other and more 
 )rofitable duties '. Teaching is frequently made a most useful 
 )reparation for other pursuits, and it may well be questioned 
 diether the inducements are not now great enough to the 
 ^ounger members of the profession to adopt it permanently. 
 
 At all events, no harm can result from a postponement of 
 he question for another year. If more mature consider- 
 ,tion of the subject shall approve it as a wise policy, a measure 
 an then be perfected and enacted with such safeguards as 
 ttore deliberate consideration shall suggest. Once created, 
 he pension system will with difficulty be restrained, if it could 
 ver be abolished. If it is to be ordained and established it 
 hould be by the enactment of a careful and well matured 
 aw. 
 
 ALOlSrZO B. COKNELL. 
 
Pttblic Papers of Goa'ernor Coenell. m 
 
 Veto, Assembly Bill No. 535, in Regard to Certain 
 
 Officers. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber. | 
 
 Albany, June 21, 1881. f 
 To the Assevibly : 
 
 Assembly bill No. 535, entitled "An act to amend chapter 
 three hundred and forty-one of the laws of eighteen hundred 
 and sixty-four, entitled 'An act in regard to certain officers in 
 the several counties of this State,' " is herewith returned with- 
 out approval. 
 
 There is apparently no reason to doubt that a good object 
 was intended to be secured by this bill, but unfortunately the 
 amendment introduces a subject which is not strictly pertinent 
 to the act amended. Its effect would be, therefore, to throw 
 the whole subject into confusion. The present usefulness of 
 the old law would be impaired, if not destroyed, while the new 
 one would be of very doubtful utility, if not absolutely injuri- 
 ous in material respects. 
 
 The act of 1863 relates to, and was intended to secure 
 complete accountability from officers in the several counties 
 receiving money on account of any fine or penalty, or other 
 matter of similar character. It provides that a report, under 
 oath, giving certain particulars as to the receipt of such money, 
 shall be made every year in the month of November, to the 
 board of supervisors, and filed with the clerk of the board on 
 or before the fifth day of November. Each officer who shall 
 have received such moneys is required within ninety days 
 after receiving the same, to pay it over to the county treasurer. 
 The second section, however, expressly provides that the act 
 shall not apply to moneys received by any town or city officer 
 in his official capacity specially appropriated to any town or 
 city purpose. 
 
 The present bill amends the first section of the act referred 
 
.12 I'UBLIC ir'APEES or U-QVEENOK UORNELL. 
 
 0, and includes in addition to the officers named therein, 
 jvery officer ' ' who shall make or is authorized by law to make 
 my purchases for, or draw upon the county treasurer for, or 
 3ay out any money for any purpose whatsoever for or on 
 Lccount of the county, town or city in which he is any such 
 )fficer." If the bill became a law the result would be that 
 he first section would include a large class of officers as to 
 vhom the second section of the act, thus amended, declares 
 ihall be exempt from the operations of the act. Which of 
 liese two antagonistic sections is to prevail and have effect it 
 s quite impossible to determine. 
 
 The real difficulty about the proposed amendment, however, 
 consists in the attempt in one law to regulate two classes of 
 >fficers, whose duties are not similar. Those to whom the 
 )riginal act applies are officers who collect certain public reva- 
 lues, including fines, penalties, etc., while the amendment 
 leals with persons who are really disbursing officers, and have 
 o do with the direction of public expenditures. The duties 
 )f the two classes of officials are wholly different and must 
 ilmost of necessity be provided for in separate acts ; in such 
 nanner at least as will avoid conflict and inconsistency. 
 
 Confusion would also be caused under the operation of the 
 Lmendment in the flnancial affairs of many of the cities. The 
 Lccompanying bill has evidently been drafted with sole refer- 
 !nce to the conduct of the affairs of rural counties, while by 
 ts terms it is made applicable to every city, town and village 
 n the State. To amend the bill so as to exclude the cities 
 rom its operation will have the effect of exempting them from 
 he operation of the present law, which ought not to be done, 
 is it would relieve a large number of officials- from the salu- 
 ary restraint of a useful law. 
 
 The only safe course, therefore, appears to be to disapprove 
 his bill ; although, as stated in the beginning, its manifest 
 >bject is to accomplish beneficial results. It is to be regretted 
 
Public Papers of Goteewoe Coenell. lis 
 
 that the bill was not more carefully drawn ; and either pre- 
 sented as a new and independent measure or adopted as an 
 amendment of the existing statute where its incorporation 
 would have been appropriate and desirable. 
 
 * *ALONZO B. CORNELL. 
 
 Veto, Assejibly Bill No. 569, eelatincx to Streets li^^ 
 Long Island City. 
 
 STATE OF NEW YORK: 
 
 Executive Chambee, | 
 
 • , Albany, June 21, 1881. f 
 
 To the Assembly : . 
 
 Assembly bill No. 569, entitled "An act to amend chapter 
 four hundred and twenty-four of the laws 'of eighteen hundred 
 and seventy-six, entitled ' An act in relation to streets in Long 
 Island City,' " is herewith returned without approval. 
 
 This is a proposition to. close that portion of Ninth street, 
 in Long Island City, which makes direct connection with the 
 East river. Portions of Third and Fifth streets have hereto- 
 fore been closed by legislative action, thereby materially re- 
 ducing the opportunity and convenience of access to the water 
 frontage of the city. This section of the city is principally 
 occupied for commercial purposi3s, and care should be taken 
 lest the public welfare be jeopardized by closing streets which 
 are necessary for conamon use. 
 
 Citizens have expressed earnest opposition to the provisions 
 of the bill; and the cotnmon council, by unanimous vote, con- 
 demns it as unwise and detrimental to the interests of the city. 
 It can hardly be doubted that the members of the common 
 council, being familiar with the locality in question, as well 
 as with all the circumstances connected therewith, are better 
 qualified to form an intelligent judgment on the subject than 
 the Legislature canbe. 
 
 ALONZO B. CORNELL. 
 8 
 
14 Public Papbes of Governok Cornell. 
 
 /"etc, Assemelt Bill No. 661, Amending the Game Laws. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, June 22, 1881. [ 
 Vo the Assembly : 
 
 Assembly bill No. 661, entitled "An act to further amend 
 hapter five hundred and thirty-four of the Laws of eighteen 
 i-undred and seventy-nine, entitled 'An act for the preserva- 
 ion of moose, wild deer, birds, fish and other game,' as 
 .mended by chapter five hundred and thirty-one of the Laws 
 if eighteen hundred and eighty, " is herewith returned with- 
 )ut approval. 
 
 The Constitution provides that ' ' excessive bail shall not be 
 equired, nor excessive fines imposed, nor shall cruel and 
 musual punishment be infiicted, nor shall witnesses be unrea- 
 onably detained." Manifestly the object of ihis provision 
 s to guard and protect the weak and unfortunate from oppres- 
 ion, either in the enactment or execution of laws ; and it 
 liould be quite as binding upon the Legislature in the exer- 
 iise of its peculiar prerogative as upon the magistrate or sub- 
 )rdinate officer who is charged with the duty of enforcing the 
 itatntes. 
 
 In the progress of legislation with reference to the protec- 
 ion of game and fish, there has been a constant tendency to 
 intagonize this beneficent provision of the Constitution, 
 ii'rom year to year penalties have been made more and more 
 levere ; and offenses have been largely increased in variety 
 md number. Each successive Legislature has amended the 
 aws on the subject so that it has become next to impossible 
 'or the people to understand what, is permitted or forbidden, 
 .nstead of just and stable laws that would command respect 
 md obedience, we have confusion and uncertainty, with con- 
 itant risk of oflFending on the part of those ever so well 
 lisposed. 
 
Public Papers of Governor Cornell. 115 
 
 Some of the provisions of the accompanying bill are obvi- 
 ously cruel and unusual, and in this regard must be deemed 
 obnoxious to the constitutional restriction referred to. For 
 instance, the penalty for shooting a wild fowl from any steam 
 or sail vessel, as prescribed by the existing law, is ten dol- 
 lars, while this bill increases it to fifty dollars. This 
 change cannot be justilied as reasonable or in any degree 
 consistent with the character of the offense named. Again, 
 in the amended thirty-third section, this bill provides that 
 ' ' no person imprisoned on execution under this art shall be 
 bailed or admitted to the liberties of the jail." No sane per- 
 son will attempt to deny that this provision is both cruel and 
 extraordinary, nor will it be claimed that it is in any sense 
 necessary for a proper and efficient execution of the law. 
 
 The amendment proposed to the thirty-fifth section provides 
 that ' ' courts of special sessions in towns and villages, and the 
 several courts in cities situated in the county in which the 
 offense was committed, or in any adjoining county having 
 iurisdiction to try misdemeanors in their own county, shall 
 have jurisdiction- to try offenders in all cases occurring under 
 this act ;" and "it shall be the duty of every sheriff, under 
 sheriff, deputy sheriff, policeman, constable, etc.. to arrest 
 wherever found within this State, without warrant or process, 
 any person whom they shall find violating any of the provi- 
 sions of this act. and immediately to hrinri such offender 
 before any magistrate residing in the county in wliicli the 
 offense toas committed, or in any adjoining county, for 
 examination and trial:' Thus the jurisdiction of the most 
 inferior courts is extended over several counties, and officers 
 are authorized to convey offenders wherever they please 
 .within the limits of any adjoining county. Comment is 
 hardly necessary to illustrate the imprudence and inconsist- 
 ency of such a proposition. 
 
 When an offense is committed against the person or prop- 
 
116 Public Papers op Goa^eknok Coenell. 
 
 erty, eiiher in the nature of a misdemeanor or a felony, it is 
 the duty of the officer making arrest to take the offiender 
 before the nearest magistrate for examination. Thus, however 
 grave the crime committed, whether it be murder, burglary or 
 robbery, the offender must be taken before the nearest magis- 
 trate; while if the offense be simply catching a fish or shooting 
 a bird out of season, the offender may be taken before any 
 magistrate in, perhaps, any one of a half-dozen counties, for 
 examination or trial. The case in this respect is one of pleasure 
 or prejudice on the part of the officer making the arrest. 
 
 This remarkable provision is also antagonistic to the Consti- 
 tution of the United States, which guarantees to evi^ry person 
 charged with crinje " the right to a speedy and public trial by 
 an impartial jury of the State and district wherein the crime 
 shall have been committed, which district shall have been 
 previf)uslY ascertained by law." The only application of this 
 guaranty that seems reasonably consistent, is that the offender 
 under the game law shall be tried as in all other cases, by the 
 nearest court having jurisdiction. To extend the jurisdiction 
 in the manner proposed is wholly inconsistent with rational 
 theory. 
 
 Fishing and hunting were among the first pursuits and 
 privileges enjoyed by our forefathers in the early occupation 
 of this country. No interests of community especially vital 
 in character require that these privileges should be restrained; 
 but with the advance of civilization a sentiment has found 
 expression in the enactment of laws extremely rigid and 
 restrictive. Inf inactions of the game laws are not such serious 
 offenses against the peace and welfare of the people as to 
 justify the odium sought to be attached to them. On the 
 contrarj', the penalties should be regulated so as to compare 
 reasonably with those provided for offenses of a similar grade, 
 and the administration of the laws should be as simple and 
 effe(!tual as will comport with the dignity of the State. 
 
 ALONZO B. CORNELL: 
 
Public Papeks of Governor Cornell. 117 
 
 Veto. Asseafbly Bill, not printed, Conferring Addi- 
 tional Powers on Surrogate of (!linton County. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, , 
 Albany, June 23, 1881. i 
 To the Assembly : 
 
 Assembly bill, not printed, entitled "An act giving the 
 surrogate of Clinton county additional powers," is herewith 
 returned without approval. 
 
 The express purpose of this bill is to ccmfer upon the 
 surrogate of Clinton county hereafter elected as a separate 
 oflSlcer, all the powers and duties performed by a county judge 
 out of court. The Constitution provides that county judges 
 shall exercise the funtions of their particular office, and 
 "such other duties as may be required by law." Under 
 this authority the Legislature has by general law invested 
 them with certain powers of justices of the Supreme Court 
 at chambers. It is presumed, therefore, that the real purpose 
 of the accompanying bill is to confer upon the surrogate the 
 same powers of a judge of the Supreme Court as now exercised 
 by county judges. 
 
 In creating the ofBce of county judge, the Constitution says 
 that " the county judge shall also be surrogate of his county; 
 but in counties having a population exceeding forty thousand, 
 the Legislature may provide for the election of a separate 
 officer to be surrogate. ' ' There is nothing in this language to 
 convey the idea that surrogates were to be vested with judicial 
 powers ; and nowhere in the Constitution is authority given 
 to the Legislature to confer upon these officers additional 
 powers or duties of judicial nature. Inasmuch as the 
 Legislature is expressly authorized to extend the jurisdiction 
 of county judges, the conclusion follows that the; omission to 
 make similar provision with reference to surrogates leaves the 
 Legislature with no authority to extend their powers. 
 
lib i'UBLIC rAPEES OF UOVEENOE UOENELL. 
 
 The authority and jurisdiction of justices of the Supreme 
 Court are derived directly from the organic law, and cannot 
 be abridged or. annulled by the Legislature. If like functions 
 can be conferred upon surrogates by act of the Legislature, 
 then by the same means can justices of the peace and county 
 clerks be endowed with similar prerogatives. This proposition 
 admitted, what limit would there be to the exercise of legisla- 
 tive control in the direction indicated ? If judicial authority 
 may thus be dispensed, what significance attaches to the 
 Constitutional jurisdiction with which the Supreme Court was 
 originally clothed '. 
 
 The true theory of our form of government contemplates 
 that the several branches thereof shall be essentially inde- 
 pendent of each other, in the discharge of their separate 
 functions; with due accountability as to the proper exercise 
 of their respective powers and duties. In this view it is 
 hardly to be supposed that the framers of the Constitution 
 intended that the Legislature should have indefinite and 
 unchallenged supervision of the judicial department to the 
 extent of distributing like or concurrent authority throughout 
 all appellate and inferior branches. It is more reasonable 
 and consistent to assume that where no such indiscriminate 
 power is expressly granted by the Constitution, it was not 
 intended that it should be possessed or exercised. 
 
 ALONZO B. COENELL. 
 
Public Papers of Goyekxor Corxell. 119 
 
 Veto, Assembly Bill ]S^o. 630, for the Relief of Jacob 
 
 A. Hatzel. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, June 24, 1881. [ 
 To the Assembly : 
 
 Assembly bill No. 630, entitled "An act for tlie relief of 
 Jacob A. Hatzel," is herewith returned without approval. 
 
 Abundant evidence demonstrates that a gross fraud was per- 
 petrated at the election in 1878, whereby Jacob A. Hatzel was 
 deprived of the certificate of election as an alderman of the 
 city of New York. Fraudulent returns gave the certificate of 
 election to his adversary, who served as alderman throughout 
 the term and drew the salary. Mr. Hatzel contested the elec- 
 tion before the Board of Aldermen and through the courts ; 
 but not till after the expiration of the term of ofiice was he 
 able to establish his rights, when it was too late for him to 
 realize any benefit from the contest, beyond the moral satis- 
 faction of securing a vindication in the controversy. The 
 accompanying bill proposes to require the city of New York 
 to reimburse Mr. Hatzel f ( >r the loss of the salary to which he 
 would have been entitled, but which was paid to his opponent 
 while serving as de facto alderman ; and also for the legal 
 expenses incurred by him in making the contest. In view of 
 the outrage perpetrated upion him, which -was amply demon- 
 strated by judicial decision, there would seem to be peculiar 
 propriety in making suitable reimbursement ; but unfortu- 
 nately the Constitution presents an absolute bar to such pro- 
 ceeding, by declaring that "no county, city, town or village 
 shall hereafter give any money or property, or loan its money 
 or credit, to or in aid of any individual, association or corpo- 
 ration." Reimbursement, under the circumstances, is simjjly 
 a gratuity, which the foregoing constitutional restriction 
 expressly prohibits. 
 
20 Public Papers of Gtoveenok (Jornell. 
 
 A law should be enacted to prevent tlie payment of official 
 alaries to de facto incumbents, when their titles are contested, 
 without a suitable bond of indemnity, by which the contest- 
 ant if successful, shoiild be enabled to recover the salary to 
 v^hich he may be justly entitled. This would protect all par- 
 ies according to their real merits, and also remove much 
 emptation which now exists for the violation of the election 
 
 aws. 
 
 ALONZO B. CORNELL. 
 
 k^ETo, Senate Bill No. 808, eor the Relief of William 
 
 C. KlNGSLEY AND ABNEE C. KeENEY. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, | 
 Albany, June 25, 1881. ) 
 To the Senate : 
 
 Senate bill No. 308, entitled "An act to provide for the 
 jayment, by the city of Brooklyn, to William C. Kingsley and 
 ibner C. Keeney, of money due for work and materials in 
 he construction of a storage reservoir, and for the issue of 
 !ity bonds," is herewith returned without approval. 
 
 For the purpose of furnishing an increased supply of water 
 'or the city of Brooklyn, the Board of Water Commissioners 
 vas authorized by chapter 47 of the Laws of 1871, to carry into 
 sffect a plan for extending the water works and constructing 
 idditional reservoirs, conduits and other structures necessary 
 'or that purpose, which had previously been considered and 
 ipproved by the board of aldermen. The act fortunately con- 
 ained a limit to the expenditure permitted to be incurred, in 
 hese words : "■Provided the whole expense thereof shall not 
 xceed the sum of one million four hundred thousand dol- 
 ars^ 
 
 Under the provisions of law the water board acquired the 
 
Public Papers of Governor Cornell. 121 
 
 necessary lands, ponds and streams to furnish the requisite 
 amount of water ; and to provide a suitable storage reservoir. 
 The site selected for this purpose was the bed of a stream 
 containing an area of about 230 acres, and extending about 
 two miles in length, more or less. A contract for excavating 
 and completing this reservoir was made on certain terms and 
 conditions. It was agreed, for instance, that tifty-five cents 
 per yard should be paid for earth excavation, of which it was 
 estimated that there would be about 1,400,UUU yards. Early 
 in the progress of the work, however, the plans were changed 
 and the level of the reservoir was lowered three feet, thus 
 increasing the amount of excavation several hundred thousand 
 yards beyond, what was calculated when the contract was 
 made. Whether this change of plan was dictated in the 
 interest of the contractors or othe.rwise, is not fully apparent; 
 but there is little room for doubt that the effect was to 
 largely increase their profits. The entire management of the 
 job appears to have been directed in their favor. Profitable 
 work was increased, and that which was not so favorable was 
 abandorted. More than one million dollars were paid on 
 account of excavation, inclusive of one hundred thousand 
 dollars and upwards allowed for "extra haul" of material 
 removed. 
 
 The contract was made in 1872 and the work continued until 
 1875, during a large portion of which time the price of labor 
 was reduced nearly one-half from the ruling price at the time 
 the bids were made. Thus the profits of the contractors were 
 swelled both by cheaper wages paid for labor and the more 
 profitable kind of work resulting from the changed plans. 
 Finally, in 1875, the city authorities felt constrained to aban- 
 don the contract and finish the reservoir themselves, under 
 the direction of the water board. This excited protracted 
 litigation, in which the contractors recovered about 8100,000, 
 in addition to what had been paid them in the progress of the 
 
22 Public Papers of (xoveenoe Cornell. 
 
 voT^L. The balance of their claim was rejected by the courts 
 m the ground 'that no legal liability could attach to the city 
 )eyond the limit authorized by law. This balance is now 
 lought to be made valid against the corporation by the enact- 
 nerit of the accompanying bill. 
 
 It is manifest Ihat the contractors have already been paid 
 I sum which not only reimbursed them for the value of all the 
 vork done, but also provided them with generous profits ; 
 md it is submitted that where the courts have found that no 
 'urther liability can rest upon the city, the Legislature should 
 lot compel the city to contribute another hundred thousand 
 loUars simply to swell the gains already realized under a con- 
 Tact which, in its conception and terms, was plainly prejudi- 
 ;ial to the interests of the city. 
 
 The present Legislature j:ound it necessary several weeks 
 Lgo to relieve a certain locality of the city of Brooklyn from 
 ocal assessments, amounting to about one hundred thousand 
 loUars, and charge the same upon the city at large. It is 
 lUeged an exigency arose for this from the fact that in the 
 jonstruction of certain sewers the city had been defrauded to 
 iuch an extent that the assessments could not be enforced. 
 [f tliese allegations are true, the fact that the same parties 
 vere the contractors in both instances would seem to make it 
 j^uite appropriate that the claim now made should be offset 
 )y tliese repudiated assessments. In view of the large emolu- 
 nents derived from both contracts, no serious hardship is 
 ikely to be suffered by the claimants. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Governor Cornell. 123 
 
 Veto, Assembly Bill No. 693, Incorporating The Work- 
 man's Mutual Benefit and Accident A^ssociation. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 
 Albany, June 25, 1881. f 
 To the Assembly : 
 
 Assembly bill No. 693, entitled "An act to incorjjorate 'The 
 Workman's Mutual Benefit Life and Accident Association of 
 the State of New York,' " is herewith returned without 
 approval. 
 
 The first section of the eighth article of the Constitution 
 provides that ' ' corporations may be formed under general 
 laws ; but shall not be created by special act, except for 
 municipal purposes, and in cases where, in the judgment of 
 the Legislature, the objects .cannot be attained under general 
 laws." Pursuant to this provision general laws have been 
 duly enacted, which are now in force, providing for the incor- 
 poration of associations of the character proposed by the 
 accompanying bill, hence the enactment of a special law for 
 tJje purpose expressed is apparently unnecessary, if it could 
 
 be permitted. 
 
 ALONZO B. CORNELL. 
 
 Order' to District Attorney of Rensselaer County 
 FOR Enforcement of a certain Order relating to 
 Nuisance at Hart's Falls. 
 
 STATE OF NEW YORK, i 
 
 Executive Chamber, f 
 
 Samuel Foster, Esq., District Attorney of the County of 
 Rensselaer : 
 Sir : Pursuant to chapter 322 of tlie Laws of 1880, and on 
 the report of the State Board of Health establishing the 
 
L24 Public Papers of Govekjstor Cornfll. 
 
 existence of a nuisance at or near the village of Hart's Falls, 
 low Schaghticoke, in the county of Rensselaer, caused by 
 m obstruction to the natural flow of the Hoosick river at that 
 Doint by the (construction of a railroad embankment, &c., an 
 )rder was duly made by me January 28th last, as in such 
 case made and provided, directed to the Boston, Hoosac 
 Tunnel and Western Railroad Company, et al., requiring 
 laid railroad company to remove such obstructions and 
 ■estore the natural iiow of water, as therein speciiically set 
 orth, within three months from the date thereof. The time 
 ipecified and limited for the abatement of said alleged nuis- 
 Luce having expired, and information and complaint having 
 )een received that the said Boston, Hoosac Tunnel and West- 
 srn Railroad Company has failed, omitted or refused 'to com- 
 )ly with said order, 
 
 Now, Therefore, you are hereby directed, pursuant to sec- 
 ion 8, chapter 322 of the Laws of 1880, to take all necessary 
 neasures to execute and have obeyed the order hereinbefore 
 Qentioned ; a true copy of which is herein inclosed. 
 
 Given under my hand and the Privy Seal of the State, 
 
 at the Capitol, in the city of Albany, this twenty- 
 [l. S.J fifth day of June, in the year of our Lord one 
 
 thousand eight hundred and eighty-one. 
 
 ALONZO B. CORNELL. 
 3y the G-overnor : 
 
 Henet E. Abell, 
 
 Private Secretary. 
 
Public Papeics of Q-overnoe CokxVell. 12o 
 
 Veto, Assembly Bill, not printed, Exempting Town of 
 coeymans feom town auditors act. 
 
 STATE OP NEW YOEK : 
 
 Executive Chamber, ) 
 Albany, June 28, 1881. \ 
 To the Assembly : 
 
 Assembly bill, not printed, entitled "An act to exempt the 
 town of Coeymans, in the county of Albany, from the provi- 
 sions and operation of chapter one hundred and seventy-live 
 of the Laws of eighteen hundred and seventy-seven, entitled 
 'An act creating a board of town auditors in the several towns 
 of this State, and to prescribe their powers and duties,' " is 
 herewith returned without approval. 
 
 As indicated by its title, this bill proposes to exempt the 
 town of Coeymans, in the county of Albany, from the 
 operation of the town auditors act, which is desciibed as 
 chapter one hundred and seventy-live of the Laws of eighteen 
 hundred and seventy-seven. By inadvertence or otherwise, 
 however, the chapter cited is not the town auditors' act, but 
 is one that relates to a wholly different subject, being an act 
 conferring certain powers upon the commissioners of highways 
 of the town of G-lenville, Schenectady county, and having 
 reference solely to the affairs of that town. The act creating 
 a board of town auditors in the several towns of this State, 
 and to prescribe their powers and duties, was enacted in 
 eighteen hundred and seventy-five, and is chapter one hundred 
 and eighty of the Laws of that year. This is, undoubtedly, 
 the act from which it was intended to exempt the town of 
 Coeymans, but this error in citation would obviously defeat 
 that object. 
 
 My views in regard to the question of making further 
 exemptions from the law creating a board of town auditors 
 were very fully stated in returning with objection, under 
 date of May 16, ult., Assembly bill No. 39, entitled "An act 
 
126 Public Papers of Governor Cornell. 
 
 to exempt the counties of Chenmng and Gfreene from the 
 provisions and operations of chapter one hundred and eighty 
 of tiie Laws of eighteen hundred and seventy-five," etc. 
 Reflection has only tended to confirm the opinion expressed 
 on that occasion. 
 
 ALONZO B, CORNELL. 
 
 Veto, Assembly Bill No. 540, Escheat, Releasing to 
 Catherine S. Wakeman. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, June 28, 1881. ( 
 
 To the Assemhly : 
 
 Assembly bill No. 540, entitled "An act to release the 
 interests of the people of the State of New York in certain 
 real estate in the town of Stamford, Delaware county, and in 
 certain lands in the county of Clinton, New York, " is hereby 
 returned without approval. 
 
 The statement contained in the petition on wdiich the provi- 
 sions of this bill are based, does not appear to establish a 
 proper case for the voluntary surrender of the interests of the 
 people of this State in the property in question. From the 
 rt-'presentations made therein it appears that one Daniel Stew- 
 art, residing at Hobart, Delaware county, died in July, 1877, 
 seized of a certain real estate in said county, and also in Clin- 
 ton county; the value of which is stated to be, approximately, 
 $1,800. It also appears (hat the deceased left no heirs resid- 
 ing in the United States, and that the nearest relatives are 
 cousins residing in Scotland. 
 
 The petitioner, Catherine S. Wakeman, further represents 
 that at the time of the decease of said Stewart, and for a long 
 time prior thereto, an engagement of marriage existed between 
 
Public Papers of Governor Cornell. 127 
 
 them, and that upon three occasions when the deceased 
 required the aid and assistance of others, because of ill health, 
 the petitioner took the principal'care of hiiu, and he promised 
 and agreed to transfer to her sufficient of his property to 
 reward her for the services rendered. But no such provision 
 was ever made in her behalf during the lifetime of the de- 
 ceased ; whereupon petition is made for the release of the 
 interests of the people in all of the estate of the said Stewart. 
 Nothing in the petition indicates the extent or value of the 
 services rendered, except the expression of " three occasions," 
 which cannot be fairly interpreted as indicating any long con- 
 timied or especially devoted service. On the contrary, from 
 the descri]3tion of the services, they must be regarded as inci- 
 dental and disproportionate to the compensation claimed. 
 The petition does not state whether any compensation was 
 ever realized on account of the services alleged to have been 
 rendered. If no payment was made then, very likely the 
 petitioner may have an equitable claim against the estate for 
 the value of services rendered ; but all of this should be 
 clearly stated and satisfactorily established. Certainly the 
 interest of the State should not be released without such 
 ascertainment of the rights of the claimant as to establish a 
 just and valid demand for the property in question. 
 
 ALONZO B. CORNELL. 
 
 "Veto, Assembly Bill No. 685, Authorizing Certain 
 Corporations to deal in Patent Rights. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, June 28, 1881. j 
 
 To the Assembly : 
 
 Assembly bill No. 685, entitled "An act giving 
 corporations organized under chapter forty of the laws of 
 
128 PuPLic Papers of GovEEisroE Cornell. 
 
 eighteen hundred and forty-eight, entitled ' An act to 
 authorize the formation of coriDorations for manufacturing, 
 mining, mechanical or chemical purposes,' and the acts 
 amending and extending the same, the same rights as natural 
 persons to own, sell and deal with patents and rights, licenses 
 and royalties thereunder," is herewith returned without 
 approval. 
 
 In framing laws for the formation and government of 
 corporations care has been taken customarily, to confine the 
 powers granted within certain specified bounds. The courts 
 when called upon to interpret these laws have uniformly 
 construed them as limited in their scope to the objects 
 expressly provided, according to the terms of the enactment. 
 It would be manifestly improper, therefore, to enlarge by 
 general statute the powers of a certain class of incorporations 
 with reference to owning and dealing in patents. If this 
 peculiar license is to be given to corporations organized 
 Tinder one general law, common justice requires that the same 
 privileges should be conferred upon all other corporations 
 created pursuant to every general law. 
 
 There can be no reasonable doubt that the corporations 
 described in the accompanying bill are already competent to 
 acquire, own, use, grant licenses under, and sell any such 
 patents as may be pertinent to and useful for their ordinary 
 business, or the purposes of their organization- This right 
 has been affirmed repeatedly by the courts in actions under 
 the patent laws, where corporations have appeared as parties 
 in litigation. If the aim of the bill is to confer upon the 
 corporations organized under a particular law designed for 
 a different object the right to deal in patents generally or 
 exclusively as a business, it may be fairly questioned whether 
 it would be sound policy to promote such purpose. 
 
 ALONZO B. CORNELL. 
 
Public Papers or Goveewoe Coenell. 129 
 
 Protest piled with the Secretary of State against 
 Promulgating ceetaijst Bills as Laws. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, June 28, 1881. f 
 The Honorable Joseph B. Carr, Secretary of State : 
 
 Sir : The action of the Senate in sending to your office for 
 record and promulgation as laws, two bills vetoed by the 
 Executive, May 16, ultimo, gives rise to a serious conflict of 
 opinion as to the constitutional rights and duties of the legis- 
 lative and executive departments, which in my judgment the 
 highest interest of the State requires should be promptly and 
 definitely settled by judicial decision. Fortunately the two 
 bills referred to are in themselves of little consequence, com- 
 pared with the importance of the underlying question, 
 namely : What is the time within which the Governor shall 
 return a- bill to either branch of the Legislature with his 
 objection % 
 
 The matter in controversy is briefly this : Two bills originat- 
 ing in the Senate were received at the Executive Chamber on 
 May 4, but did not meet the Governor's approval. On Satur- 
 day, the ninth day after their receipt, he prepared objections 
 to them, but the Senate having adjourned from Friday until 
 Monday, the bills could not be returned until the latter day. 
 At a seasonable hour on Monday tliey were delivered to the 
 Private Secretary, to be by him presented to the Senate. The 
 Private Secretary, charged also with other messages for the 
 Senate and Assembly, both of which houses were to meet at 
 eight o'clock, evening, left the Executive Chamber at quarter 
 before eight, and reaching the Assembly before the hour of 
 meeting, waited until its organization, whereupon he delivered 
 the messages prepared for that body. Proceeding immedi- 
 ately, he reached the Senate Chamber at seven minutes past 
 
 eight o'clock and found the Senate already adjourned without 
 9 
 
130 Public Papers of Gtovernok Cornell. 
 
 the reading of its journal, or the transaction of any business. 
 Thus by hasty adjournment, and contrary to its usual cus- 
 tom, the Senate prevented the return of the bills in question 
 on that day ; and they were accordingly presented by the Sec- 
 retary on the following morning/ to the Senate, and were re- 
 ceived by that house without objection, together with the veto 
 messages accompanying them. In strict conformity with the 
 Constitution the Senate did "enter the objections at large on 
 the journal," and the official document as published contains 
 both of the messages in full. Instead, however, of further 
 observing the constitutional direction to "proceed to recon- 
 sider," the Senate, omitting such action, retained the bills 
 several weeks, and hnally adopted resolutions affirming that 
 as they were not returned within the constitutional time, they 
 had beccnne la^^s ; and directing the Senate clerk to deliver 
 the same to the Secretary of State. 
 
 The duty of the Governor is defined by the Constitution in 
 the following language : ' ' Every bill which shall have passed 
 the Senate and Assembly shall, before it becomes a law, be 
 presented to the Governor; if he approve, he shall sign it; 
 but if not, he shall return it with his objections to the house 
 in which it shall have originated, which shall enter the objec- 
 tions at large on the journal, and proceed to reconsider it. 
 * * * If any bill shall not be returned by the Governor 
 within ten days (Sundays excepted), after it shall have been 
 presented to him, the same shall be a law in like manner as if 
 he had signed it, unless the Legislature shall, by their adjourn- 
 ment, prevent its return, in which case it shall not become a 
 law without the approval of the Governor. 
 
 The Supreme Court of Illinois (33 111., 135), in a case almost 
 identical with the one under consideration, decided that the 
 Governor must have the full ten days, and that a bill could 
 only be returned to a house in session, using this language 1 
 ^'It (the Constitution) neither requires nor authorizes him 
 
Public Papers op Goverjs^or Cornell: 131 
 
 {the Grovernor) to return the bill to the Speaker of the House, 
 to the clerk or to any other officer, but declares that it shall 
 be returned to the house, and that can jonly be as a body. 
 Unless the body was in session, he would be unable to return 
 the bill to it as required" by this j)rovision. If on the tenth 
 day the members and officers were absent, the Governor would 
 have until the first day of their next assembling to return the 
 bill with his objections. To be required to act there must be 
 an organized body in session at the place of holding its ses- 
 sions. The Executive is not required to seek the members as 
 individuals, but to make his communication to a collective 
 body, constituting the House which, as such, originated the 
 bill. When dispersed there is no such body to whom he can 
 communicate * * * And the time allowed for the purp. ise 
 cannot be abridged, or the provision thwarted by either acci- 
 dent or design. The use of the whole time given to the 
 Governor must be allowed. The Constitution has spoken and 
 it must be obeyed. The Constitution in this case has allowed 
 the Governor ten days within which to act, and they must be 
 held to be full and complete days, not parts of days." 
 
 The long established usage in this State has been to 
 deliver bills returned with objection to either House in 
 session, and never to an officer thereof. In numerous instances 
 during my term, as well as in the case of nearly every one 
 of my distinguished predecessors, bills have reached their 
 tenth day on Saturday, when neither House was in session. 
 The uniform practice has been to return such bills with 
 objection on the succeeding Monday, or as soon thereafter as 
 the Legislature again assembled. Never has such course been 
 questioned; and never has an attempt been made to give the 
 bills thus vetoed the sanction of law. The return of bHls 
 under such circumstances has always been accepted by the 
 Legislature as a full and complete compliance with the consti- 
 tutional requirement in this regard. 
 
132 Public Papees of Governor Cornell. 
 
 If it be claimed that under these circumstances these bills 
 became laws, then it may be in the power of either House, 
 by similar action, to make a law of any bill which the Governor 
 should chance to hold until the tenth day. The Governor 
 could not with safety retain a bill beyond the ninth day, and 
 if the tenth day happened to be Monday, he could not 
 prudently hold it longer than Friday, which would be only 
 the eighth day. This would be a manifest encroachment upon 
 the constitutional right of the executive to ten days in which 
 to determine his action on a bill. 
 
 The Constitution requires the concurrence of a majority of 
 each House to pass a bill ; hence, in conferring the veto power 
 upon the Governor he is thus enabled to antagonize a major- 
 ity of both branches of the Legislature. By requiring two- 
 thirds to enact a law notwithstanding Executive objection, 
 it is evident the framers of the Constitution could not have 
 intended to place within the control of a bare majority of one 
 or either House the power to defeat a veto by voting an 
 adjournment. 
 
 Supposing, after the Governor had prepared his objections, 
 and had directed the return of a bill, the Secretary, on the 
 way to the Legislature, accidentally lost it, or was overpow- 
 ered and the message forcibly taken from him; or that the 
 Secretary purposely failed to deliver it to the proper House ? 
 will it be claimed that under such circumstances the bill 
 would become a law ? If so, the intention of the Governor 
 might be defeated, his efforts thwarted, and by robbery or 
 accident, or by design of a faithless Secretary, a law created 
 which the Constitution requires two-thirds of each House to 
 enact. 
 
 Believing that neither of these bills has become a law, 
 therefore, respectful but earnest protest is hereby made 
 against affixing your certificate thereto ; as well also against 
 the promulgation of either or both of said bills as laws, of 
 
Public Papers of Governoe Cornell. 133 
 
 description and titles as follows, namely : Senate bUl two 
 hundred and two, entitled "An act in relation to the Ulster , 
 and Delaware Plankroad Company," and Senate bill two 
 hundred and sixteen, entitled ' 'An act to change the corporate 
 title of the Bankers' Life Insurance and Trust Company of 
 New York to the Bankers' Loan and Trust Company of New 
 York. " This protest is made not only to prevent the publi- 
 cation of laws not duly enacted, but also in the hope that 
 action ma}- follow to secure a full Judicial determination of the 
 issues involved. 
 
 Yours, respectfully, 
 
 ALONZO B. CORNELL. 
 
 Yeto, Se'IATe Bill No. 264, in relation to Building- 
 Docks IN THE ClTT of NeW YoRK. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, June 29, 1881. ( 
 
 To the Senate : 
 
 Senate bill No. 264, entitled "An act in relation to the 
 building of docks in the city of New York," is herewith 
 returned without approval. 
 
 Two separate propositions are embraced in this bill ; both 
 relating to the duties of the dock deparlment in the city of 
 New York. The first authorizes and directs that department 
 to construct a pier for the use of the police department, to be 
 located between the new pier, number one. North river, and 
 Castle G-arden ; and when completed, to be set apart for the 
 exclusive use and control of the police department. What 
 necessity or justification there may be for the expenditure 
 requisite for this purpose is unknown to me beyond the 
 representation of the police department, in its favor. The 
 
134 Public Papers oj" Governor Cornell. 
 
 second proposition is embraced in the fourth section of the 
 bill, prohibiting the dock department from proceeding with 
 contemplated improvements on the water front between 
 Twenty-second and Twenty-fourth streets, ]N"orth river. 
 Against this provision the dock department makes emphatic 
 protest, sustained by what appear good and substantial 
 reasons. 
 
 The commissioners of the dock department represent that 
 "the permanent improvement of the water front between 
 Twenty- second and Twenty- eighth streets is in rapid progress 
 of construction, providing for the two hundred and fifty feet 
 River street and six new piers greatly increased in length 
 and width, foar of which are now building. The contract 
 for another is to be awarded to-morrow; while the location 
 for the other near Twenty-third street has been agreed upon 
 with the parties interested, and the lines been approved by 
 the commissioners of the sinking fund, as required by law. 
 If this bill becomes a law, the city would lose one pier at 
 Twenty-third street, the rental value of which would be thirty 
 thousand dollars per annum. The most unfortunate feature 
 of the bill, however, is that it will absolutely stop the 
 construction of the new bulkhead between the points named, 
 a distance of about six hundred feet, thus interrupting an 
 elaborate and well-considered plan for the improvement of 
 the North river water front, which, under the sanction of 
 previous legislation, has for years been progressing at an 
 expenditure already incurred of several millions of dollars. 
 One of the most important features of this improvement is. 
 +he uniform River street two hundred and fifty feet wide, upon 
 which large expenditures have been made both above and 
 below the locality in question. To stop the work, as now 
 proposed, would reduce the whole plan to an absurdity and 
 nullify its main object." 
 
 In view of an expression of this character from ofiicials upon 
 
Public Papers of Governor Cornell. 135 
 
 whom rests the responsibility of this great public improve- 
 ment, it would be manifestly unwise to interfere with its 
 development by arbitrary legislation of the kind proposed. 
 The commissioners, it must be presumed, are competent to 
 form a correct judgment of the proper course to be pursued 
 under the circumstances ; and until it is demonstrated thai, 
 their position is wrong, those having less opportunity of 
 informing themselves as to the merits of the question at issue 
 
 should heed their advice. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 423, in respect to the Testi- 
 mony OF Informers. 
 
 STATE OF NEW YORK : 
 
 ExEcxJTiVE Chamber, j 
 Albany, June 30, 1881. ( 
 To the Assembly : 
 
 Assembly bill No. 423, entitled "An act in respect to the 
 testimony, or the offering of testimony of certain persons 
 who serve as agents, informers or spies," is herewith returned 
 without approval. 
 
 The uniform tendency of legislation in this State for many 
 years past, in both civil and criminal cases wherein questions 
 of fact were at issue, has been toward admitting almost every 
 kind of evidence, and permitting all parties to give testimony, 
 regardless of their relations to actions. By this practice every 
 shade of evidence is given to the court and jury for whatever 
 it may be worth. The wisdom and propriety of such policy 
 have been so fully demonstrated as to place it beyond ques- 
 tion. The proposition contained in this bill to exclude the 
 evidence of a particular class of persons, is in direct opposi- 
 tion to the established rule of the State as indicated by many 
 
136 Public Papers of Goveenoe Cornell. 
 
 years of legislation and practice. A reversal now should not 
 be permitted except as the result of mature and wise deliber- 
 ation. The class of evidence it is thus proposed to exclude 
 has always been regarded as competent, and no good reason 
 appears why it should not so continue. Every person accused 
 of crime is permitted to testify in his own behalf, and the 
 exclusion of the testimony ol! any witness is in effect to declare 
 that it is more criminal to see a crime committed than to per- 
 petrate the criminal act itself. The mere statement of such a 
 proposition is sufficient to illustrate its utter absurdity. The 
 exclusion of evidence, otherwise lawful and proper, cannot be 
 sought in the interest of society, or for the protection of inno- 
 cent people. 
 
 The greatest obstacle to the execution of the present statutes, 
 and the enforcement of the penalties prescribed, is the diffi- 
 culty of procuring evidence upon which the prosecution of 
 oilenders may be successfully undertaken. Public oflBlcers on 
 whom the responsibility of such prosecution rests, however 
 faithful and zealous, are frequently unable, with the means at 
 command, to obtain adequate proof to secure conviction. 
 The numerous and flagi-ant violations of these laws in several 
 of the principal cities of the State, have induced philanthropic 
 and law abiding citizens to organize societies in aid of the 
 public authorities in this regard. These agencies have ren- 
 dered invaluable service to the public by co-operating with the 
 prosecuting officers of the State in their efforts to enforce and 
 maintain the mandates of law. The inevitable effect of the 
 accompanying bill, should it become a law, would be to 
 deprive the people of the assistance of these volunteer 
 auxiliaries. 
 
 Notwithstanding the express provisions of the Constitution 
 and laws enacted in accordance therewith, prohibiting the sale 
 of lottery tickets within the State, this nefarious traffic has 
 for years been carried on in open defiance of solemn enact- 
 
Public Papers of Governor Cornell. 137 
 
 ment. Within the past year renewed efforts on the part of 
 the public authorities have resulted in the punishment of 
 many reckless offenders, and substantial progress has been 
 made toward the suppression of the evil in question. Event- 
 ual success in establishing and maiiitaining the supremacy of 
 the Constitution and laws, for the suppression of vice and 
 crime, depends materially upon the encouragement and 
 co-operation these voluntary societies may be enabled to ren 
 der to the law officers of the State. 
 
 If the proposed disability is sought to be imposed in conse- 
 quence of the misconduct of sj)ies and informers, an error has 
 evidently been committed as to the remedy for such abuses. 
 If evils exist in the methods employed to an extent demand- 
 ing additional legislation, it should be directed against the 
 wrong-doers, to secure their punishment. If any person pro- 
 cure the commission of crime with the sole intent of inform- 
 ing against his victim, who may be led unawares or enticed 
 into a violation of law, he should be punished as particeps 
 criminis ; but to declare by statute that the testimony of no 
 person, withoiit qualification, who has witnessed the commis- 
 sion of an offense, or is knowing to any circumstance connected 
 therewith, shall be received in evidence because he has lodged 
 information of the crime committed, is rather a violent and 
 
 dangerous presumption. 
 
 ALONZO B. CORNELL. 
 
138 Public Papers op Gtoveenor Cornell. 
 
 Veto, Assembly Bill No. 219, for Certain Supplies to 
 THE Public Schools op Brooklyn. 
 
 STATE OP NEW YORK : 
 
 Executive Chamber, i 
 Albany, July 1, 1881. j 
 
 To the Assembly : 
 
 Assembly bill No. 219, entitled "An act to provide for tlie 
 distribution of books, slates and other necessary articles, 
 free of charge, to the pupils attending the public schools 
 of the city of Brooklyn," is herewith returned without 
 approval. 
 
 The State of New York has advanced to the very extreme 
 of liberality in providing advantages for public education. 
 Facilities absolutely free of expense are now afforded to every 
 child within the broad expanse of this great commonwealth. 
 Failure to acquire the rudiments of useful learning under exist- 
 ing circumstances, will be a deserved and lasting reproach 
 upon those neglecting the ample opportunity so generously 
 provided. Nowhere within the State has the system of 
 piiblic education been so highly developed as in the city of 
 Brooklyn. Probably no other city in the world offers equal 
 facilities for the cultivation of the rising generation. This 
 enviable distinction, which reflects so much credit upon the 
 citizens of that city, has been accomplished under existing 
 laws. 
 
 The accompanying bill, as its title indicates, proposes to 
 provide for the distribution of books, slates, and other 
 necessary articles, free of charge, to the pupils attending the 
 public schools of the city of Brooklyn, whose board of 
 education already possesses all needful authority and juris- 
 diction in this regard; and hence this proposition is altogether 
 unnecessary. Pupils destitute of the means to provide them- 
 selves with the articles mentioned are now furnished with 
 them at the public expense. Those who can furnish their own 
 
Public Papers of GtOvernor Cornell. 139 
 
 books aiid other requisites should not be treated as charity 
 scholars. There is no more reason why they should be 
 supplied with books free of charge than that they should be 
 furnished with shoes or clothing at public cost. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill JSTo. 345, for the Protection of 
 Life and Property in the Public Schools of Brook- 
 lyn. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 
 Albany, July 1, 1881. f 
 To the Assembly : 
 
 Assembly bill No. 345, entitled "An act to provide for the 
 better protection of life and property in the public schools of 
 the city of Brooklyn, ' ' is herewith returned without approval. 
 
 The public schools of the city of Brooklyn are under .the 
 jurisdiction and management of the Board of Education, 
 which is responsible for the care and maintenance of the school 
 edifices, as well as for the siifety of the teachers and pupils 
 under their charge. The magniiude of this responsibility 
 may be realized when it is considered that approximately 
 100,000 persons are in daily attendance at these schools. Tlie 
 Board of Education is invested with ample authority to make 
 every requisite provision for the protection of property and 
 the safety of life and limb. If additional precaution is neces- 
 sary to render the school buildings safer than as at present 
 arranged, it is the duty of that board to so provide. The 
 proposition made in the accompanying bill is to confer 
 authority upon the tire department to provide each school 
 building with a suitable fire alarm to be connected with the 
 fire alarm telegraph system now in operation in the city of 
 Brooklyn. There should be no divided responsibility about 
 a matter of such vital importance as this. The duty should 
 
140 Public Papers of Governor Cornell. 
 
 remain with the board having the control and management of 
 the schools. 
 
 The most serious objection to this bill, as well as to the bill 
 providing for school books, is that the subjects to which they 
 relate are peculiarly under the jurisdiction of the local 
 authorities of the city of Brooklyn ; and are, therefore, out- 
 side of the legitimate sphere of the Legislature. The Consti- 
 tution requires the passage of general laws for certain enu- 
 merated purposes, and for all other cases, which in the judg- 
 ment of the Legislatiire may be provided for by general laws. 
 To meet all requirements with reference to the public schools, 
 general laws have already been provided, and hence, the Con- 
 stitution virtually forbids legislation of the character pro- 
 posed. The Board of Education, in conjunction with the 
 Board of Estimate, in the city of Brooklyn, being already 
 endowed with full authority in all matters pertaining to the 
 public schools, the subject in question should go there for 
 
 determination. 
 
 ALONZO B. COENELL. 
 
 Yeto, Assembly Bill No. 361, relating to the Sputten 
 DiTTViL Parkway. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber. ) 
 Albany, July 2, 1881.J 
 To the Assembly ; 
 
 Assembly bill No. 361, entitled "An act to authorize and 
 direct the commissioners of the department of public parks of 
 the city of New York to alter and amend their maps made 
 and adopted in pursuance of chapter six hundred and four- of 
 the Laws of eighteen hundred and seventy-four, and chapter 
 four hundred and thirty-six of the Laws of eighteen hundred 
 and seventy-six, by striking therefrom a proposed road 
 
Public Papers of GtOveenoe Cornell. 141 
 
 leading from a point near the Spuyten Duyvil and Port 
 Morris railroad company's depot at Spuyten Duyvil to 
 Broadway, with the parks connected with it and known as 
 the Spuyten Duyvil parkway, and to lay out a new road and 
 proceed to open a road from said Spuyten Duyvil depot to 
 Broadway, and to provide for the payment of the expenses 
 and compensation of the commissioners and others in the 
 Spuyten Duyvil parkway proceeding," is herewith returned 
 without approval. 
 
 On the first of January, eighteen hundred and seventy-four, 
 the territory previously embraced within the towns of Mor- 
 risania, West Farms and Kings Bridge was detached from the 
 county of Westchester and annexed to the city of New York, 
 as constituting and comprising the Twenty-third and Twenty- 
 fourth wards. At the ensuing session of the Legislature, by 
 chapter six hundred and four, of the Laws of eighteen hun- 
 dred and seventy-four, the commissioners of the department 
 of public parks were vested with ' ' exclusive power to lay out, 
 survey and monument all streets, roads, avenues, public 
 squares and places within that part of the city of New York, 
 north of One Hundred and Fifty -fifth street on Manhattan 
 Island and all of the Twenty-third and Twenty-fourth wards, 
 of such width, extent and direction, and upon such grades as 
 to them, or a majority of them, shall seem most conducive to 
 the public good; and to change the location, width, course, 
 windings and grades of the streets, avenues and roads now 
 laid out within the said part of the city of New York, or to 
 discontinue or close the same or any portion thereof, as to the 
 said commissioners, or a majority of them, shall seem most 
 conducive to the public interest, and in like manner to devise 
 and prepare plans for the proper sewerage and drainage of the 
 Twenty-third and Twenty-fourth wards." The act also pro- 
 vides in detail for the execution of the duties thus imposed ; 
 and operating in conjunction with general laws providing for 
 
142 Public Papers of Goveknoe Coenell. 
 
 opening and working streets in New York, it makes a com- 
 plete and comprehensive system for the improvement of this 
 portion of this city, covering an area considerably larger in 
 extent than the entire city prior to the annexation. 
 
 The foregoing act was followed a few months later by the 
 adoption of the amendments to the Constitution which pro- 
 vide that ' ' the Legislature shall not pass a private or local 
 bill laying out, opening, altering, working or discontinuing 
 roads, highways or alleys, or for draining swamps." The 
 Court of Appeals, in deciding the Western avenue case 
 (67 N. Y., 574), sustained the act in question, because "the 
 improvement contemplated could not be made * * * 
 under the general laws," and " the act provides for that which 
 is not ordinarily done under the general laws for regulating 
 public highways or the streets of a city." The only fair 
 inference to be drawn from this decision is that where a defi- 
 nite system of highway improvement has been provided, local 
 legislation affecting that system in detail, or by special 
 exception, cannot be permitted. 
 
 The accompanying bill directs the Park Commissioners 
 to amend their map of that portion of the city before 
 described, made pursuant to the act of 1874, "by striking 
 therefrom the road, avenue or parkway, shown on said map, 
 commencing at a point near the depot at Spuyten Duyvil and 
 running thence in a general north-easterly direction to River- 
 side avenue, and thence to a certain point named on Broadway, 
 and also by striking therefrom all parks or places connected 
 with said proposed road, and the said road, roads, parks, 
 places and parkways are hereby discontinued on said map." 
 The Commissioners are further directed to lay out a new street 
 or avenue not to exceed sixty feet wide, substantially over the 
 same line as the one stricken from the map. It is difficult to 
 conceive of a more direct and positive infraction of the con- 
 stitutional restrictions cited than these provisions. It is -ore- 
 
PiTBLic Papers of Goteenor Cornell. 143 
 
 cisely the reverse of the Western Avenue case, where local 
 legislation was permitted because no general law was appli- 
 cable. In the present case, a complete system has been pro- 
 vided by a general law alike in its operations throughout a 
 particular territory, and it cannot therefore be invaded by 
 special legislation. 
 
 Another vital defect in this bill is that it contains express 
 provisions for the drainage of a certain specified district of 
 which no mention is made in the title, as required by the six- 
 teenth section of the third article of the Constitution. There 
 are also other questionable features of the bill, which need 
 not be specially mentioned in view of the objections already 
 stated. 
 
 Earnest remonstrance has been made against the approval 
 of the bill by property holders along the line of the proposed 
 highway, owning about three-quarters of the frontage, while 
 those favoring the bill own only about one-tenth of the prop- 
 erty fronting on the line in question. The bill is also 
 favored by many parties owning property within the assess- 
 ment district but not immediately adjoining the parkway. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 450, Providing foe Pish 
 Hatchery in Jefferson County. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, July 4, 1881. j 
 To the Assembly : 
 
 Assembly bill, printed number 450, entitled "An act requir- 
 ing the commissioners of fisheries of the State of New York 
 to construct suitable buildings in Jefferson county, to hatch 
 and rear fish, to increase and maintain the stock and supply 
 of certain varieties thereof in Lake Ontario and the St. Law- 
 
144 Public Papers of Goveknoe Coenkll. 
 
 rence river, and making an appropriation therefor," is here- 
 with returned without approval. 
 
 During the past twelve years the State of New York has 
 expended more than one hundred and seventy thousand 
 ($170,000) dollars for the purpose of replenishing the lakes 
 and rivers of the State with fish. An establishment for their 
 propagation, located near Rochester, is kept and maintained 
 at the public expense ; and from this hatchery young fish are 
 shiiiped to all parts of the State for re-stocking depleted and 
 destitiite waters. It is obvious that this work can be con- 
 ducted at one place to mucli better advantage than when 
 located at two or more distant points ; while transportation 
 would be quite as advantageous from one station as from 
 several. 
 
 The accompanying bill proposes that the commissioners of 
 fisheries shall construct suitable buildings, with the necessary 
 fixtures and ponds, in Jefferson county, for the purpose of 
 hatching and raising the principal varieties of fish that fre- 
 quent the waters of Lake Ontario and St. Lawrence river ; 
 and appropriates three thousand dollars for that purpose. It 
 is difficult to realize what possible benefit the State would 
 enjoy, resulting from such expenditure, to which it is mani- 
 fest considerable cost for maintenance would be added here- 
 after. If the proposition is made for the advantage of Jeffer- 
 son county, what is to be done, it may be asked, when St. 
 Lawrence, Oswego, Niagara and other counties ask for simi- 
 lar accommodations and privileges ? It can hardly be denied 
 that any of these counties has as much right to like consider- 
 ation and favor as the county of Jefferson ; and none will 
 doubt the utter impracticability of locating a hatchery in 
 every county of the State. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Goveenor Cornell. 145 
 
 Yeto, Senate Bill, No. 167, to Organize and Establish a 
 State Industrial School. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, July 4^, 1881. f 
 To the Senate : 
 
 Senate Bill No. 167, entitled "An act to organize and 
 establish a State Industrial School," is herewith returned 
 without approval. 
 
 A voluminous catalogue would be required to enumerate 
 the mistakes heretofore made by the State in founding differ- 
 ent institutions. Too much care cannot be observed to avoid 
 a repetition of such errors. The present Legislature has 
 already committed the State to the establishment of two new 
 retreats, and until the demand for appropriations to com- 
 plete enterprises already undertaken shall be considerably 
 reduced, great caution should govern the inauguration of 
 others. 
 
 Fully appreciating the importance of providing all 
 necessary facilities for the education and elevation of idle and 
 truant children, it is my judgment that the subject should 
 be approached with especial deliberation, in order that the 
 wisest and most appropriate action may be determined. A 
 State institution in its very beginning necessarily involves 
 considerable expenditure, and annual appropriations are a 
 legitimate consequence, thereafter, for maintenance. Before 
 such liability shall be incurred, the whole question should be 
 submitted to a proper commission for investigation and report 
 to a future Legislature^ for more mature consideration. Even 
 if such course result in the passage of this same measure 
 another year it will be better than to run any risk of erroneous 
 and hasty action at this time. 
 
 ALONZO B. CORNELL. 
 10 
 
146 Public Papeks of Goverjstoe Coenell. 
 
 Veto, Senate Bill 408, New York City Water Supply. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, July 5, 1881. j 
 To the Senate : 
 
 Senate bill No. 408, entitled "An act to provide a further 
 supply of pure and wholesome water for the city of New 
 York," is herewith returned without approval. 
 
 Although stated in very general terms, the particular object 
 of this bill is to authorize the construction of an additional 
 aqueduct for the conveyance of water from -the Croton dam to 
 the city of New Yoi'k. The engineers of the Crolon water 
 iDureau frankly state I hat the purpose is to construct a new 
 and independent aqueduct of more than double the capacity 
 of the present one. While no very definite statement has 
 been made as to the anticipated cost of the new work, the 
 engineers admit a probable expenditure of at least twelve mil- 
 lion dollars. Comptroller Campbell, who is a practical engi- 
 neer of large experience and eminent character, and who has 
 just served a term of five years as commissioner of public 
 works, expresses the opinion that the proposed work will cost 
 at least fifteen millions. Other persons less familiar, perhaps, 
 with the subject, believe that even a much larger sum will be 
 required to complete the enterprise. Confessedly, there- 
 fore, the bill under consideration must be treated as a propo- 
 sition to increase very largely the permanent debt of the city 
 for the purpose set forth. 
 
 The public debt of the city of New York, exclusive of the 
 accumulated sinking fund, amounts at the present time to 
 about one hundred million dollars, with a net annual interest 
 charge of nearly seven millions. The process by which a large 
 proportion of this colossal debt was created, forms a chapter 
 In the history of municipal government replete with scandal 
 and reproach, not only to the city and State of New York, 
 
•Public Papers of Goveen-qr Cornell. 147 
 
 but to American civilization as well. Beyond all comparison 
 it is the blackest stain upon the integrity of human govern- 
 ment of which we have any record. No enlargement of this 
 great debt should be permitted, except under the most press- 
 ing and unavoidable necessity. On the contrary, every pos- 
 sible effort should be exerted to reduce and extinguish it as 
 speedily as practicable. This is demanded as a vital condition 
 to the future growth and continued supremacy of our great 
 metropolis, whose burden of municipal taxation more than 
 all else endangers and retards her prosperous devolopment. 
 
 What then is the emergency to meet which it is now pro- 
 posed to augment the present liability of the city '; It is 
 alleged that an additional supply of water is imperatively 
 needed, and this, too, when ninety-three gallons per capita are 
 daily furnished. Nobody will pretend that any community 
 can properly use one-half of that amount. The only infer- 
 ence to be reasonably deduced is, that a large proportion of 
 this great volume of water is worse than wasted. Were it a 
 simple waste comparatively little harm might result from it. 
 But unfortunately more serious consequences follow in the 
 breeding of disease, by the dissemination of poison. Many 
 of the more fatal maladies developed of late years, are 
 attributed by the medical profession, to causes having their 
 origin in the abuse of modern facilities of water supply. 
 
 Probably the most forcible illustration of the needless waste 
 of water and its practicable remedy, may be drawn from iJie 
 experience of the city of Liverpool. Ten years ago that city 
 was threatened with water famine. The supply had become 
 so meagre that the people could only obtain water at certain 
 hours of each day. Intelligent and well directed efforts were 
 undertaken to stop unnecessary waste, which resulted within 
 a few months, without increasing the supply a single gallon, 
 in converting a deficienl and inadequate flow of water into an 
 ample and even superabundant quantity, Liverpool contains 
 
148 Public Papees of Goveewoe Coenell. 
 
 a population of about seven hundred thousand souls, substan- 
 tially two-thirds of that of New York city. The total cost of 
 the improvement which worked such a marvelous change in 
 the water system of that city was less than a quarter of mil- 
 lion of dollars. The same plan applied in several other cities 
 of England has produced similar results ; hence it cannot be 
 doubted that equal benefit would be derived from like efforts 
 here. Liverpool has now abundant ^^ater in a daily supply of 
 about twenty gallons per capita. What possible excuse can 
 there be, therefore, for a scarcity in New York, with ninety- 
 three million gallons delivered every twenty-four hours 
 through the Croton aquediict % 
 
 In the light of such experience as that related, may it not 
 be wiser and safer to have the necessity of an increase more 
 thoroughly demonstrated befoi'e the proposed work is under- 
 taken at the enormous cost inevitably involved in the con- 
 struction of an additional aqueduct from Croton river to the 
 city ? When once begun every dollar invested in the work 
 will be of no value until the entire structure shall have been 
 completed and brought into use. It is of the greatest import- 
 ance, then, that no mistake shall be made as to the absolute 
 and imquestioned need of this extraordinary project. 
 
 .In the event, however, of satisfactory proof of an indispen- 
 sable necessity for a new aqueduct, some consideration must 
 be given to the financial aspect of the case. The Constitution 
 says : "It shall be the duty of the Legislature to provide for 
 the incorporation of cities and villages, and to restrict tTieir 
 potcer of taxation, assessment, borrowing money, contract- 
 ing debt and loaning their credit, so as to prevent abuses 
 in assessments, and in contracting debt by such municipal 
 corporations.'''' In the face of this imperative injunction 
 the Legislature has provided in the accompanying bill for an 
 increase of the permanent debt of the city of New York, 
 limited only as in the judgment and pleasure of the Commis- 
 
Public Papeks or (jtoveenoe Cornell. 149 
 
 sioner of Public Works may seem best. True, the Board of 
 Estimate and Apportionment is given certain concurrent 
 authority as to the approval of contracts and purchase of real 
 estate, but the power granted is really of a negative character. 
 The Commissioner of Public' Works is vested, indeed, with 
 immense and arbitrary powers, independent wholly of any 
 other authority, save only the incidental concurrence of the 
 Board of Estimate and Apportionment referred to. 
 
 Instead, therefore, of observing the positive command of 
 the Constitution to restrict the city of New York in con- 
 tracting indebtedness, the Legislature would by this bill 
 place it within the power of one single official to increase the 
 permanent debt thereof to whatever sum he might see fit. 
 In the words of the bill, ' ' The comptroller of the city of New 
 York is hereby authorized and directed, upon the requisition 
 of the Commissioner of Public Works, to raise from time to 
 time on bonds of said city, in addition to the amounts which 
 he is now authorized to raise for such purposes, such sums 
 of money as shall be sufficient to pay for any real estate, 
 with all expenses in surveying, locating and acquiring title 
 thereto ; and to pay for furnishing and laying pipes and 
 constructing aqueducts, reservoirs, dams, sluices, canals, 
 pumping works and other appliances and appurtenances, and 
 for surveying, locating, preparing plans and estimates, and 
 for supervision of the construction thereof." Can it be 
 doubted that such unchecked authority for enlarging the 
 debt of the city would be violative of the constitutional 
 restrictions cited i Manifestly, any legislative authority for 
 increasing municipal indebtedness must be appropriately 
 exercised in accordance with this prudential clause of the 
 organic law of the State. 
 
 The wisdom of the proposition to burden the Commissioner 
 of Public Works with vast responsibilities created by the 
 accompanying bill, may well be doubted. That officer is 
 
150, Public Papeks of Governor Cornell. 
 
 already charged with duties whose faithful and intelligent 
 performance must necessarily tax the ability and resources 
 of any man. He now directs the expenditure of three million 
 dollars annually in tJie conduct of ordinary affairs pertaining 
 to the department committed to his management. To impose 
 the additional requirements contemplated, upon an officer 
 sufficiently occupied with important labors, is more than 
 reason and a proper sense of official responsibility can possibly 
 justif}^ No private undertaking or corporate trust of like 
 magnitude would be thus reposed in a single individual. 
 Even with large experience in public matters, one might 
 well hesitate to assume the direction of such enormous and 
 difficult affairs; and there is certainly no good reason apparent 
 why any doubtful experiment should be undertaken at this 
 time. 
 
 Measured by the probable outlay that would follow the 
 enactment of this measure, it will easily rank in importance 
 with pine original Croton-water enterprise, or the Erie canal 
 as finally enlarged. Yet, with all its possible importance, 
 the community directly interested has given the subject no 
 consideration, commensurate with its magnitude. Judging 
 from letters recently received by me from some of the most 
 intelligent and public-spirited citizens of New York, it is 
 evident that the scope of this bill is not adequately understood 
 or appreciated by the people at large. Only last year Com- 
 missioner Campbell opposed the creation of a commission to 
 inquire into the necessity of a new aqueduct, on the ground 
 that such a work would not be needed for several years. In 
 that connection he said: "In twelve or fifteen years, if the 
 affairs and finances of the city are wisely, economically and 
 honestly conducted, the debt will be reduced, by the opera- 
 tion of the sinking fund, nearly fifty millions of dollars, and 
 then, should it be found necessary to construct a new aqueduct 
 of large dimensions from the Croton basin, the city will be 
 
Public Papers of Goveenok Cornell. 151 
 
 able to meet the expense with a reduced debt and lighter 
 taxation from the increased value of taxable property." 
 
 The Union League Club, which embraces a large member- 
 ship of the most intelligent and influential citizens, in a 
 recent memorial on the subject, says : '' It is clear from Com- 
 missioner Campbell' s statement that there is no immediate 
 necessity for the construction of a new aqueduct from the 
 Croton valley. The additional supply from the Bronx river, 
 amounting to eighteen or twenty million gallons per diem, and 
 the measures for the suppression of waste, render it safe to 
 defer the construction of a new aqueduct until the question 
 can be deliberately examined by commissioners, and fully 
 presented to the tax payers of the city, and at the ensuing 
 session of the Legislature." This expression undoubtedly 
 represents the views and opinions of independent citizens, 
 having only the welfare of the city at' heart. 
 
 Another Legislature will enter upon its duties within six 
 
 months from this date, when the subject can be resumed and 
 
 prosecuted to a wise and useful conclusion. Certainly, no 
 
 serious harm can result from the brief postponement which 
 
 this course will involve. If the project shall then commend 
 
 itself to the judgment of the Legislature, it will be far more 
 
 likely to secure the approval of the constituency immediately 
 
 interested than would probably follow upon any present 
 
 action. An enterprise of such proj^ortions should not be 
 
 undertaken until its merits are thoroughly appreciated and 
 
 acknowledged. 
 
 ALONZO B. CORNELL. 
 
152 PxjPLic Papers of Goveenoe Coenell. 
 
 Veto, Senate Bill No. 242, to Legitimize the Bieth op 
 RoBEET John Ehlees. 
 
 STATE OF NEW YOEK : 
 
 Executive Chambee, i 
 Albany, July 5, 1881. f 
 To the Senate : 
 
 Senate bill No. 242, entitled "An act to legitimize the birth 
 of Robert John Ehlers," is herewith returned without 
 approval. 
 
 It is pertinent to consider first, the propriety of putting a 
 law of this kind on our statute books. To declare in legal 
 form that the birth of any person, born out of wedlock, shall 
 be legitimized, is an assumption degrading to law, and void 
 of compensating benefits. Besides making public the illegit- 
 imacy of a person that might not otherwise have been dis- 
 closed, it tends likewise to depreciate the force and dignity 
 of legal enactment designed primarily to promote virtue and 
 order, and suppress the evils of discord and immorality. To 
 legalize a birth occurring without the ordinances of divine 
 or human law, does not wipe out the natural stain. The 
 advantage sought by such method (;o^^ld better be reached by 
 other means. 
 
 Aside from these general considerations there are reasons 
 why this particular measure should not become a law. In 
 one affidavit accompanying the petition upon which the bill 
 is based, the reputed father swears th^t he "was a resident 
 of the State of New York from 1848 to 1858, when he left the 
 United States to carry on business as a merchant in the city 
 of St. Petersburgh," Russia. In another affidavit, the same 
 person swears that he was naturalized as an American citizen 
 in the District Court of Clinton county, Iowa, on the 29th 
 day of December, 1867. From these representations it is 
 made to appear that the petitioner became a naturalized citi- 
 zen of the United States in Iowa, during I he time when he is 
 
Public Papers of Governor Cornell. 153 
 
 said to have resided in New York. The conflict of such state- 
 ments is at least unfortunate, if not positively damaging. 
 
 The petition represents that the child was born in St. 
 Petersburgh, January 14, 1866, and that the parents were 
 married in the same city, January 26, 1869, as evidenced by 
 a marriage certificate of the pastor of St. Peter's church in 
 St. Petersburgh, dated November 25, 1877. It appears, 
 therefore, that although Ehlers may have been at one time 
 an alien resident of New York, it is extremely doubtful if he 
 was ever a citizen of the State ; and even if he was, he has 
 been a non-resident for more than twenty years past. From 
 all of which circumstances it seems manifestly improper to 
 permit this biU to become a law, especially as careful exam- 
 ination of the laws of the State fail to disclose any legislation 
 of an analogous character. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 712, for the Protection of 
 Private Property, 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, Jtdy 5, 1881. | 
 To the Assembly : 
 
 Assembly bill No. 712, entitled "An act for the further pro- 
 tection of private property and to repeal chapter two hundred 
 and sixty-two of the Laws of eighteen hundred and seventy- 
 four, entitled 'An act for the further protection of private 
 property,' " is herewith returned without apjoroval. 
 
 This bill proposes to make it a misdemeanor for any person 
 to put, paste or post any wrilten or printed matter upon any 
 bill-board, fence, house or building of any kind without the 
 permission of the owner or person entitled to the possession 
 or use of the same. Thus whoever, within the broad domain 
 
154 Public Papers of Governor Cornell. 
 
 of this State, shall chance to pin up a notice for a school 
 meeting, a religions or temperance meeting or other proper 
 assemblage of people, without first obtaining the consent of 
 the owner or occupant of the building or fence upon which ' 
 the notice is placed, will commit a misdemeanor. Such a law 
 would lead to endless and useless trouble throughout the rural 
 districts of the State. However proper and beneficial it might 
 be within cities and villages, there is nothing to Jiistify its 
 application generally. 
 
 Even if the operations of the proposed law were limited to 
 certain specified sections of the State, the penalties named are 
 altogether beyond reason when considered in connection with 
 the character of the offense. They are out of all proportion 
 to the grade of punishment provided for other misdemeanors 
 similar in degree. Manifestly, therefore, the bill provides for 
 cruel and unusual punishment, and for that reason is repug- 
 nant to the fourth section of the first article of the Consti- 
 tution. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 375, Providing Salary for 
 Aldermex of Long Island City. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 
 Albany, July 6, 1881. 
 To the Assembly : 
 
 Assembly bill No. 375, entitled "An act to provide a. salary ^ 
 for the Aldermen of Long Island City," is herewith returned 
 without approval. 
 
 The proposition embraced in this bill to provide a salary for 
 the Aldermen of Long Island City, does not commend itself 
 to my judgment. In the earlier days of the State, offices of 
 this character were regarded as honorary trusts, for which no 
 
Public Papers of Governoe Cornell. 155 
 
 direct fee or reward was provided or desired. The satisfaction 
 of earning the commendation of neighbors for whose benefit 
 services were rendered, was considered ample compensation. 
 In numerous instances political and public careers of great 
 distinction have commenced in positions of this description. 
 Especially for young' men ambitious of gaining the good 
 opinion of the communities in which they reside, there is no 
 more desirable position than that of a member of the board 
 of local authority. The practice in later years to make sala- 
 ried offices of minor representative positions has unquestion- 
 ably tended to lessen the honorable estimation in which they 
 were formerly had. Nothing in the nature of aldermani(; 
 duties renders a return in the shape of salary either neces- 
 sary or desirable. The services exacted are not such as to 
 require absence from home, or any particular neglect of busi- 
 ness. As a general rule the amount of time demanded for 
 the proper discharge of official duties is not sufficient to cause 
 embarrassment, the hour for meetings being usually arranged 
 so as to cause as little inconvenience as possible. 
 
 There are, moreover, special objections to the accompanying 
 bill, which are believed to be worthy of consideration. These 
 apply with especial force to the financial condition of Long 
 Island City, which has for a time been anything but satisfac- 
 tory. For some reason — whether from improvident manage- 
 ment or other cause, it is quite immaterial now to consider — 
 the rate of taxation has been for several years so high as to 
 render the collection of taxes exceedingly difficult, which has 
 sensibly affected the financial credit of the' city. Property 
 has been greatly depreciated and the market value of some of 
 the city securities held at considerable discount. It is under- 
 stood, however, that measures of retrenchment have lately 
 been inaugurated, giving promise of improvement in respect 
 to fiscal matters. In view of all these circumstances the 
 present does not seem to be a propitious time to authorize an 
 
156 Public Papers op G-oveenoe Cornell. 
 
 increased expenditure, especially for the purpose specified. 
 Even should it be thought wise to provide compensation for 
 aldermen eventually, the proposition should certainly await 
 more favorable conditions than now exist. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill, not printed, relating to the Vi'E- 
 LAGE of Dresden, Yates County. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 Albany, July 8, 1881. 
 To the Asssembly : 
 
 Assembly bill, not printed, entitled "An act to amend an 
 act entitled 'An act for the incorporation of villages, so far as 
 it relates to the village of Dresden, in the county of Yates, " 
 passed April twenty, eighteen hundred and seventy,' " is here- 
 with returned without appro^^al. 
 
 Affairs of villages have long afforded a prolific subject for 
 legislation ; and repeated efforts have been made to establish 
 such general system as to obviate the necessity or demand for 
 special enactments relative to the same. As long ago as in 
 eighteen hundred and forty-seven, a general law was passed' 
 for the incorporation of villages, which was superseded by a 
 more comprehensive act in eighteen hundred and seventy. 
 Pursuant to these laws many villages of the State have been 
 incorporated, and are now governed. Constantly increasing 
 pressure for local legislation in regard to such incorporations, 
 finally resulted in the adoption of the constitutional amend- 
 ment, which took effect in eighteen hundred and seventy-four, 
 prohibiting the Legislature from passing local bills in certain 
 enumerated cases, including the incorporation of villages. The 
 obvious intent of this restriction was to fix a stable and 
 uniform rule, as far as practicable, and thereby render special 
 
Public Papers of (tovernor Cornell. 157 
 
 legislation unnecessary. Any action, therefore, disregarding 
 snch policy must be considered as antagonistic to tlie organic 
 law of the State. 
 
 The accompanying bill proposes to amend the general law 
 for the incorporation of villages, chapter two hundred and 
 ninety-one of the Laws of eighteen hundred and seventy, so far 
 as it relates to the village of Dresden, in the county of Yates. 
 If this proposition were acceded to, every other village in the 
 State would have equal right and privilege to apply for 
 amendments to the general law to suit their particular views 
 and convenience. It would be absolutely impossible in such 
 case to make reasonable discrimination; and the object of the 
 constitutional provision would thus prove entirely abortive. 
 There are at the present time three hundred and twenty-one 
 incorporated villages in the State; and the number is yearly 
 increasing. A very large proportion of these are incorporated 
 under the general law ; and if it is conceded that this may be 
 amended to accommodate each separate community, then it 
 must be admitted tljat the Constitution in that regard has 
 failed to prevent special legislation. If it be impracticable to 
 provide general laws for the efficient and satisfactory govern- 
 ment of villages, the sooner that fact is demons! rated the bet- 
 ter, perhaps, it will be for all concerned. But the best way to 
 determine the matter is to hold the question to a thoroughly 
 
 practical test. 
 
 ALONZO B. CORNELL. 
 
 Yeto, Assembly Bill No. 369, Noxious Weeds, etc., in 
 
 HlGHW^ATS. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, July 8, 1881. j 
 To the Assembly : 
 
 Assembly bill No. 369, entitled "An act to amend an act 
 entitled 'An act in relation to noxious weeds and brush in 
 
158 Public Papers of Governoe Corn-ell. 
 
 public highways, ' " is herewith returned without approval. 
 
 If explanation of the frequent violations of law be sought, 
 it may be found in part, perhaps, in the needless multiplica- 
 tion of unimportant statutes enacted every year by the Legis- 
 lature. The accompanying bill affords a striking illustration 
 of this proposition. It decrees that coal ashes, rubbish or 
 refuse of any kind shall not be placed within the limits of 
 any highway ; except that coal ashes may be used for the 
 improvement of sidewalks and highways, with the consent of 
 the highway or street commissioner. In all cities and villages 
 this subject is regulated by local ordinance, hence general 
 legislation is quite unnecessary for the protection of streets 
 or highways therein. In the country districts such a law 
 would unquestionably prove a dead letter, and while thus 
 inoperative it would be constantly violated through ignorance, 
 in most cases, of its existence. If any effect were produced 
 it would be most likely to furnish the cause of neighborhood 
 quarrels. While giving no promise of an improved condition 
 of the highways it would in all probability, if appealed to at 
 all, be only to gratify personal malice against those who 
 unwittingly disregarded its warnings. 
 
 To prohibit the use of coal ashes for the improvement of 
 sidewalks and highways except by the consent of the commis- 
 sioners in charge, would be found not always desirable. 
 'Frequently this material may be the very best available for 
 heeeded improvement, and its use should be encouraged rather 
 than prohibited. Persons willing to improve either sidewalks 
 or highways ought not to be Obliged in every case to obtain 
 permission of a highway commissioner before proceeding to 
 execute a praiseworthy purpose. Another objection to this 
 bill is that it introduces into an existing law an amendment 
 not strictly pertinent to its title, thereby obscuring the provi- 
 sions of this act from the publicity which should be given to 
 aU laws. 
 
 ALOlSrZO B. CORNELL. 
 
Public Papeks of Governor Cornell. 159 
 
 Veto, Senate Bill, No. 73, releasing to Joseph D. De 
 Groat certain Land. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, | 
 Albany, July 8, 1881. )" 
 To the Senate: 
 
 Senate bill No. 73, entitled "An act to release the interest 
 and title of the people of the State of New York in and to 
 certain real estate in the town of Owego, in the county of 
 Tioga, to Joseph D. De Groat," is herewith returned without 
 approval. 
 
 Existing laws provide that upon the filing" of certain releases 
 to the State, the owners of lands abutting upon the abandoned 
 Chenango canal extension shall thereupon be vested with the 
 ownership of one-half of the canal lying in front of their 
 premises. This bill proposes to release to Joseph D. De Groat 
 the other half of the canal opposite his premises, and also a 
 strip of land lying between the canal and the Susquehanna 
 river. The construction of a new railroad along the line of 
 the canal renders this strip of land of some especial value, and 
 the supposition is that the title is sought in order that it may 
 be sold to the railroad company. Inasmuch as Mr. De Groat 
 purchased his property since the canal was located, he has no 
 fclaim whatever to the release it is proposed to grant. If there 
 is any value in the piece of land sought to be acquired it should 
 be realized and applied to reimburse the State, in however 
 small degree, for its original cost. Were this release granted 
 it would form a precedent for the claim of other parties in 
 similar cases along the entire line of the canal, especially 
 where no other property happened to be located between the 
 canal and the Susquehanna river. If a release is granted in 
 this instance no good reason would exist why other claimants 
 should not be treated in the same manner. 
 
 ALONZO B. CORNELL. 
 
160 Public Papees of Goveenok Coenell. 
 
 Yeto, Senate Bill No. 411, eoe Relief of John Folet» 
 
 STATE OF NEW YORK: 
 
 Executive Chambeb, | 
 Albany, July 8, 1881. ) 
 To the Senate: 
 
 Senate bill No. 411, entitled "An act to provide for tlie 
 payment to John Foley of his salary as supervisor of the 
 county of New York," is herewith returned without approval. 
 
 By the provisions of this bill the Comptroller of the city of 
 New York is required to pay John Foley the salary of a 
 supervisor of the county of New York from 1869 to the first 
 of January, 1874, together with interest on the same to date 
 of payment. The Board of Supervisors of which Mr. Foley 
 claims to have been a member, was abolished on the first 
 Monday of July, 1870. by the operation of chapter 190 of the 
 Laws of that year, and the powers and duties which previ- 
 ously devolved upon the board were by the same act trans- 
 ■f erred to and vested in a Board of Supervisors composed of 
 the Mayor, Recorder and Aldermen of the city of New York, 
 as thereby created. Prom and af ler the first Monday in July, 
 1870, this new board performed all the duties pertaining to 
 the Board of Supervisors of the county of New York, and 
 was the only recognized board subsequent to that date until 
 1874. It is, therefore, difficult to see what possible claim Mr.- 
 Foley can have for compensation as a member of the old board 
 after the date of its abolition. If, however, the liability were 
 admitted or established in favor of this claimant, every other 
 member of the same board has the same right to claim com- 
 pensation for the remaining portion of the terms for which 
 they were ^elected. The city Of New York has always been 
 responsible for the payment of all legal claims for services, 
 and ample laws for the enforcement of such claims have been, 
 in existence. If Mr. Foley neglected to avail himself of the, 
 means available to collect his demand, the fault must rest 
 
Pttblic Papers of Governor Cornell. 161 
 
 entirely with himself. Under the operation of the laws of the 
 
 State, his claim against the city is now barred by the lapse of 
 
 time. The Constitiirion expressly prohibits the Legislature 
 
 a,nd all other authorities acting on behalf of the State, from 
 
 auditing, allowing or paying any claim, which, as between 
 
 citizens of the State, would be barred by existing statutes. 
 
 Certainly the Legislature cannot be justified in vitalizing a 
 
 claim against a municipal corporation, which, as made against 
 
 the State under similar circumstances, would be barred by the 
 
 Constitution. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill, not printed, relating to Travel 
 ON Highways in Franklin County. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 Albany, July 12, 1881. 
 To the Assembly : 
 
 Assembly bill, not printed, entitled "An act to facilitate 
 travel on the public highways in Franklin county," is herewith 
 returned without approval. 
 
 For the better protection of the highways and to 
 facilitate travel thereon it is proposed by this bill to authorize 
 and require the commissioners of highways in the several 
 towns of Franklin county to remove or lay down all fences 
 ' along any public highway running north and south, except 
 stone walls, between October and April of each year. Numerous 
 objections could be suggested to the provisions of the bill 
 in detail ; but these need not be discussed in view of the 
 general and more prominent one, that legislation of this 
 character should not be enacted by local bill. If the subject 
 requires legislation in any form, sufficient authority should 
 11 
 
162 Public Papers of Governor Cornell. 
 
 be conferred upon boards of supervisors to deal with it as 
 occasion may require according to the necessities of different 
 localities. 
 
 ALONZO B. COKNELL. 
 
 Veto, Assembly Bill, not printed, to Pay certain 
 Expenses of the Legislature. 
 
 STATE OF NEW YORK, 
 
 Executive Chamber, 
 Albany, July 12, 1881. 
 
 To the Assembly : 
 
 Assembly bill, not printed, entitled " An act making an 
 appropriation to pay certain expenses of the Legislature," is 
 herewith returned without approval. 
 
 By the terms of this bill it is proposed to authorize pay- 
 ment for "the services of all counsel appearing before ihe 
 committee of investigation." In case a legislative committee 
 engages the services of counsel for the benefit of the State, it 
 is eminently proper that suitable compensation should be 
 made. The appearance of counsel before committees in 
 behalf of private parties interested in the subject under con- 
 sideration is a mntter of every day occurrence ; but a propo- 
 sition that counsel thus appearing should be paid by the 
 State is quite unprecedented, and it can hardly be supposed 
 that the Legislature intended to make such provision. An 
 effort has, therefore, been made to confer with the author of 
 the bill, with a view to its amendment ; but this has proved 
 ineffectual ; and as the time in which the bill might have 
 been withdrawn has expired, no remedy now remains but to' 
 return it with the objection stated, which may be met and 
 obviated in another bill should that course be deemed advis- 
 able. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Goveknoe Coenell. 163 
 
 Veto, Assembly Bill No. 270, to Peevent Featjd m 
 
 SUGAE. 
 
 STATE OF NEW YORK : 
 
 EXECXTTIVE ChAMBEE, ) 
 
 Albany, July 12, 1881. ( 
 To the Assembly : 
 
 Assembly bill No. 270, entitled "An act to prevent fraud 
 in the mamifactiire and sale of sugars, syrups, molasses and 
 honey," is herewith returned without approval. 
 
 It is evident that this bill, in its present form, has a 
 different meaning, and if approved would have quite a 
 contrary effect from what was intended by the Legislature. 
 The first section provides that sugars, syrups, molasses or 
 honey, containing any mixture of grape sugar or certain 
 other articles, shall be marked by the manufacturers as 
 "mixed sugars," etc. Section two requires that such mixed 
 articles shnll be offered and sold as "adulterated," and 
 that they shall be exposed and sold from the original 
 packages marked as provided in the first section. The 
 third section makes all violations of the proposed act 
 misdemeanors, and provides certain penalties for their 
 punishment. It is apparent, therefore, that any failure to 
 make representations at the time of offering the articles 
 for sale, that they are adulterated, would be a misde- 
 meanor. Inasmuch as the manufacturer is simply required 
 to brand the sugars as "mixed," it would seem to be a 
 hardship to require the merchant to represent them as 
 "adulterated," and if by inadvertence or otherwise, he 
 should neglect so to do, the omission would be a punishable 
 offense. 
 
 Unquestionably the goods should be offered and sold in 
 accordance with the fact as to their character. If the manu- 
 facturer shall be required to brand them as "mixed," why 
 should not the merchant be permitted to sell them as such ? 
 
164 Public Papers of Goveenoe Coenell. 
 
 Otherwise it would almost inevitably follow that the law 
 would be constantly, though unintentionally, violated by 
 persons ignorant of the technical provisions of the act. It is 
 fair to assume that the multitude of persons who deal in 
 sugars could hardly be made familiar with the details of such 
 a law, and it would be manifestly unjust to expose them to 
 the dangers of its violation. While affording no valuable 
 protection to the consumers, the proposed act would offer 
 constant opportunitj' for malicious persons to take advantage 
 of technical offenses, unwittingly committed, which would 
 lead to needless trouble and annoyance. 
 
 The Legislature has already enacted a law to prevent the 
 adulteration of food and drugs, being chapter four hundred, 
 and seven, of the Laws of eighteen hundred and eighty-one, 
 which is believed to be fully adequate to accomplish all that 
 is designed by the accompanying bill. It would be quite 
 unnecessary, therefore, to permit this bill to become a law, 
 even were it free from the objections stated. The general 
 law is extremely comprehensive in its provisions, and very 
 similar, if not identical with laws of several other States, 
 having been framed after English laws, of recent enactment. 
 The subject of preiventing the adulteration of food aijd medi- 
 cine has, within recent years, received much attention from 
 intelligent persons, and considerable progress has already 
 been made to promote this desirable object. In view of the 
 effort now in progress to secure uniform legislation in the 
 different States, and from Congress, on the general subject of 
 adulteration, it is believed wiser to postpone for the present 
 further action than has already been adopted. 
 
 ALONZO B, CORNELL. 
 
Public Papers of Governor Cornell. , 165 
 
 Veto, Assembly Bill No. 272, Amending the Code of 
 Civil Procedure. 
 
 STATE OF NEW YOEK : 
 
 Executive Chamber, i 
 
 Albany, July 12, 1881. \ 
 To the Assembly : 
 
 Assembly bill No. 272, entitled "An act to amend section 
 two thousand five hundred and nine of the Code of Civil Pro- 
 cedure," is herewith returned without approval. 
 
 This is a proposition to amend the Code of Civil Procedure 
 by inserting therein a provision requiring the supervisors of 
 each county to fix the compensation of surrogates' clerks at 
 not less than two Imndred dollars per annum. Boards of 
 supervisors already have power to fix the compensation of 
 these clerks as well as that of other county officers, when not 
 otherwise regulated by law. The only effect of this amend- 
 ment, consequently, is to establish a minimum limit to the 
 amount authorized to be paid. If the object were to fix a 
 maximum sum for such purpose, it could be justified as 
 guarding against extravagant expenditure ; but in this case 
 the sole effect appears to be to check the exercise of economy 
 on the part of supervisors. ^No public necessity is believed 
 to exist for abridging the power of supervisors to direct a 
 frugal administration of affairs within their jurisdiction, 
 while such interference as now proposed would almost inevi- 
 tably establish a precedent for subsequent action derogatory 
 
 to the public welfare. ^^^ ^ 
 
 ALONZO B. CORNELL. 
 
166 Public Papers of Govebnob Cobnell. 
 
 Veto, Senate Bill No. 166, eoe the Relief of Moses 
 
 Kessel. 
 
 STATE OF IS^EW YORK : 
 
 Executive Chambee. 
 To the Senate : 
 
 Albany, July 13, 1881 
 
 .! 
 
 Senate bill No. 166, entitled "An act to authorize and direct 
 the Board of Supervisors of Kings county to make suitable 
 provision to reimburse Moses Kessel for all legitimate costs, 
 counsel fees and expenses incurred by him in and about a cer- 
 tain action of quo warranto brought against him by the people 
 of the State of New York on the relation of Andrew Zeiser 
 to oust said Moses Kessel from a certain office in the county 
 of Kings known and designated as ' Commissioner of Charities 
 in the county of Kings, ' " is herewith returned without 
 approval. 
 
 Several measures similar in character to this bill have been 
 returned without approval during the present session of the 
 Legislature. The objections presented in the respective cases 
 apply with equal force to the bill now under consideration. 
 If the policy of reimbursing public officers for expenses 
 incurred in defending their title to office be established, a 
 burden of large magnitude will be put upon the people. In 
 this case the claimant who had received a certificate of elec- 
 tion, was ousted by the Supreme Court in an action on quo 
 warranto, instituted at the instance of his competitor, who 
 was awarded the office. Subsequently the General Term 
 reversed the judgment of the court under a ruling of the Court 
 of Appeals in a case supposed to be analogous in character. 
 At this period of the controversy the term of office in question 
 had so nearly expired that no interest remained to render 
 further contest worth while. It is maintained, however, by 
 able counsel representing the adverse party, that a review of 
 the case by the Court of Appeals would necessarily have 
 
Public Papers of .Uovernoe Cornell. 167 
 
 resulted in the final defeat of this claimant. It has been 
 claimed in support of this bill that laws of like character 
 have been enacted in past years. If mistaken policy has 
 heretofore prevailed, it should not be appealed to as a prece- 
 dent to excuse other wrongful acts. On the contrary, if errors 
 have been committed in the past, it is the very best reason 
 why a repetition 'should not occur. In the present case reim- 
 bursement would be purely a gratuity in which there is 
 neither equity nor justice. The constitutional prohibition 
 against a city or county giving its money or property to an 
 individual must be regarded as an absolute bar to the enact- 
 ment of such measures as this. 
 
 ALONZO B. CORNELL. 
 
 Veto, Senate Bill No. 101, relating to Riverside 
 
 Park. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, j 
 
 Albany, July 14, 1881. f 
 To the Senate ; 
 
 Senate bill No. 101, entitled "An act to authorize the 
 improvement of Riverside park and certain other parks or 
 places in the city of New York," is herewith returned with- 
 out approval. 
 
 The Commissioners of Public Parks of the city of New 
 York are by this bill authorized and directed to proceed with 
 the improvement and enclosure of Riverside park and two 
 other small parks adjacent to the Broadway boulevard. For 
 this purpose the Comptroller is required to borrow one hun- 
 dred thousand dollars, to be repaid by taxation in 1882 and 
 1883. Several million dollars have already been expended in 
 the construction of the Broadway boulevard and the River- 
 side improvement, both of which are beyond that region of 
 
168 Public Papers or Governor Cornell. 
 
 improvement now occupied for either residences or business 
 purposes. The wisdom of proceeding with additional expen- 
 diture on either of these works, in advance of the develop- 
 ment of the property in the neighborhood, may well be ques- 
 tioned. In both cases the substantial work of grading, pav- 
 ing and sewerage has been completed. Nothing now remains 
 to be done except the final embellishment of the parks, which 
 may very well await the approach of population and the 
 occupation of contiguous districts. 
 
 The Comptroller of the city of New York opposes the 
 enactment of the bill as unwise and unnecessary. He sug- 
 gests that ' ' the necessity for proceeding with these improve- 
 ments should be considered and determined by the city 
 authorities who are familiar with the subject. Should it be 
 deemed necessary to improve these parks and public places, 
 the Board of Estimate and Apportionment have authority to 
 provide funds for the purpose. Special acts of this character 
 interfere with the harmonious administration of city affairs 
 by weakening the responsibility of local boards and placing 
 additional burdens upon the city without their approval." 
 
 With such expression from the financial officer of the city, 
 
 it is submitted that this measure should not be permitted to 
 
 become a law. 
 
 ALONZO B. CORNELL. 
 
 A^ETO, Senate Bill No. 293, Relating to Trees ani> 
 Shrubbery in Lake George. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 
 Albany, July 14, 1881. 
 
 To the Senate : 
 
 Senate bill No. 293, entitled "An act to amend chapter 
 four hundred and seventy-nine of the laws of eighteen 
 hundred and eighty, entitled 'An act for the better 
 
Public Papers of Governor Cornell. 169 
 
 preservation of trees and shrubbery on the islands in Lake 
 George,' " is herewith returned without approval. 
 
 The act of last year on this same subject makes it a 
 misdemeanor for any person to "willfully remove, hack, 
 hew, cut, deface or otherwise injure any tree, shrub or bush 
 now standing or growing on any of the islands in Lake George 
 belonging to the State." The amendment proposed by this 
 bill is to substitute the word "and" for "or" where it 
 occurs as shown by the foregoing quotation. The effect of this 
 change would be to annul the prohibition so far as it relates 
 to trees which are standing but not growing. If the original 
 enactment was justifiable, it is difficult to understand the 
 propriety of the proposed change. Trees which have reached 
 their maturity, and therefore not liable to be classified as 
 growing trees, would be quite as likely to invite the attack 
 of trespassers as the growing trees would, and probably 
 more so. If a statute is necessary to protect one class it 
 would seem to be quite as important for the protection of 
 the other. 
 
 ALONZO B. COKNELL. 
 
 Veto, Senate Bill No. 431, New Capitol Appropriation. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, \ 
 Albany, July 14, 1881. ( 
 To the Senate : 
 
 Senate bill No. 431, entitled "An act making an appropri- 
 ation for continuing the work on the exterior walls of the New 
 Capitol building," is herewith returned without approval. 
 
 The erection of the New Capitol was commenced under a law 
 providing that the commissioners should not proceed with the 
 work of construction until they were satisfied that the build- 
 ing could be completed in conformity with the plans already 
 
170 Public Papers op Goveenoe Coenell. 
 
 adopted, at a cost not to exceed four million dollars. Care- 
 fully prepared estimates were furnished by the architect, and 
 revised by the State Engineer and Surveyor, demonstrating 
 that this important condition could be complied with ; where- 
 upon, the commissioners resolved to proceed with the work 
 entrusted to their direction. Actual experience, however, 
 proved that the calculations were not trustworthy, and that 
 every portion of the work cost more than the estimates pro- 
 vided ; until down to the present time more than twelve mil- 
 lions of dollars have been expended, with the edifice yet very 
 far from completion. "Whether the great discrepancy between 
 the original estimates and the results realized is to be ac- 
 counted for by imperfect and insufficient estimates, or by 
 impeaching the management of the work, it is, perhaps, 
 impossible at this late day to determine. 
 
 It cannot be supposed that the New Capitol would have been 
 authorized, had the people any realizing sense of its ultimate 
 cost. When the enterprise was inaugurated the amount 
 named as the limit of expenditure was regarded an ample sum 
 for the purpose designated. The possibility of such extrava- 
 gant outlay was never contemplated, nor even suspected, until 
 millions of dollars had already been lavished upon the work. 
 Only by slow degrees did the real magnitude of the probable 
 total cost become manifest. Too late then, to recall the 
 investment already made, or materially reduce or modify the 
 rate of expense established to finish the work, nothing re- 
 mained but to make the best of the misfortune and push the 
 enterprise to completion as rapidly as prudence and propriety 
 would justify. During much of the intervening time the tax 
 payers have been sorely pressed with burdens improvidently 
 thrust upon them. In all the gloomy years of business, 
 depression the New Capitol has gone steadily forward. Its 
 progress has never for a single year been interrupted. Liberal 
 appropriations have been made by each successive Legislature, 
 
Public Papees of G-oveenoe Coenell. 171 
 
 regardless oftea of strenuous opposition from the Executive. 
 In order to provide for the completion of that portion of the 
 building containing the apartments designed for the Senate, 
 and the Executive department, the extraordinary sum of six- 
 teen hundred thousaind dollars' was appropriated last year. 
 The accommodations planned for the use of the principal 
 departments of the government having been substantially com- 
 pleted, no exigency demands the prosecution of work on the 
 remaining portions of the edifice faster than moderate appro- 
 priations vsrill allow. 
 
 The present Legislature has heretofore appropriated one 
 million dollars, virhich it is supposed will be ample to bring 
 the entire front of the building into use. Hence the 
 accompanying bill making an appropriation of five hundred 
 thousand dollars more to continue the work, does not supply 
 any public necessity. Nothing in the condition of the build- 
 ing renders such a provision advantageous or desirable to the 
 interests of the State. The commissioners in charge have 
 made no recommendation of an additional expenditure for the 
 current year ; and there has been no expression of public sen- 
 timent that calls for greater progress than existing appropri- 
 ations will abundantly meet. The annual tax levy has already 
 been enacted to provide for expenditures heretofore authorized, 
 and the financial officers have no prospective resources from 
 which to satisfy the demands of this bill, except by pledging 
 the credit of the State. Such proceeding could only be justi- 
 fied in the presence of a grave public emergency, which, 
 fortunately, does not now exist. 
 
 If the supply of labor exceeded the general demand, the 
 situation might be different ; and oiher considerations would 
 in that case properly influence the disposition of the question. 
 An enlarged appropriation might thus be defended for the 
 double purpose of furnishing employment for industrious 
 men, and forwarding the work' economically. But there is 
 
172 Public Papers op Governor Cornell. 
 
 nothing in the present condition of affairs to warrant an 
 increase of public expenditures for either of these objects. 
 Labor is now in great demand, particularly for building pur- 
 poses. Never, probably, in the history of the country, was 
 more building in progress than during the current year ; and 
 unprecedented activity prevails in almost every other branch 
 of industry. With this favorable opportunity for obtaining 
 employment the men who have been so generously sustained 
 by the State during the years when their services were much 
 less in request than now, cannot reasonably ask or expect that 
 untimely or extraordinary appropriations shall be made for 
 their particular benefit, regardless of all other interests. 
 
 Differing so widely from the judgment of the Legislature in 
 a matter of such magnitude, is cause of sincere regret ; yet, 
 being convinced that neither sound policy nor public necessity 
 will justify the enactment of this measure, no other course 
 remains for me, in the conscientious discharge of official 
 responsibility, than to return the bill without approval. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 561, in Relation to Reclaiming 
 Lands from the State. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, July 14, 1881. ( 
 To the Assembly : 
 
 Assembly bill No. 561, entitled "An act authorizing the 
 commissioners of the land office to grant and convey the 
 interest of the people of this State in and to lands sold for 
 taxes," is herewith returned witliout approval. 
 
 This is a proposition to authorize the commissioners of the 
 land office, in their discretion, to sell to the former owners, or 
 their heirs or grantees, lands bought in by the Comptroller 
 
Public Papers of G-oveknoe Cornell. 173 
 
 for taxes, upon payment into the treasury of the amount due 
 the State, or such further sum as such commissioners shall 
 deem just, not exceeding ten per cent of the amount due. 
 The commissioners already possess and are accustomed to 
 exercise all of the authority granted by this bill except the 
 proposed limit, which in many cases might prove grossly 
 unjust to the State. Lands bought in by the Comptroller 
 are not subject to taxation, hence the proposed terms would 
 enable persons to surrender their lands to the State, to be 
 carried free of taxation until they were ready to redeem, when 
 the only compensation the State could receive in lieu of taxes 
 would be the ten per cent advance. After the period of 
 redemption has expired, the practice of the commissioners 
 is to sell the lands, upon appraisement, always giving to the 
 former owners, or their representatives, the preference over 
 other purchasers. 
 
 Much the greater proportion of lands sold for taxes is 
 located in the region covered by the great northern wilder- 
 ness. Throughout all that part of the State an appreciation 
 in the value of land is constantly advancing in consequence 
 of the large and increasing influx of summer visitors. In 
 cases where the State has carried parcels of land without 
 taxation for a number of years, it should, at least, be made 
 good for the amount of revenue thus lost. The limitation 
 which the accompanying bill proposes would often deprive 
 the State of the right to reimburse itself which it now enjoys. 
 Neither good policy nor common justice will justify the 
 enactment of a measure of this character. 
 
 ALONZO B. CORNELL. 
 
174 Public Papers of Goveenor Cornell. 
 
 Veto, Senate Bill No. 407, Changing Grades of certain 
 Streets in the City of New York. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, July 21, 1881. [ 
 To the Senate: 
 
 Senate bill 'No. 407, entitled ' ' An act in relation to 
 changing the present grades and establishing new grades 
 for certain streets in the city of New York," is herewith 
 returned without approval. 
 
 The commissioner of public worJ^s of the city of New York 
 is by this bill .authorized, -within six months, to change the 
 present grades and establish new grades for the streets 
 between Eighty-fourth and Ninety-sixth streets, and the 
 Boulevard and the Hudson river. He is required to file a 
 map showing the new grades, which shall thereupon become 
 the lawful grades of the several streets embraced within the 
 limits named. The second section of the bill provides that 
 "the Commissioner of Public Works shall Lave power 
 immediately thereafter to proceed to regulate, grade, curb 
 and flag such streets in accordance with the grades so 
 established." Whatever necessity or justification there may 
 be foi changing the grades of the prospective streets is not 
 apparent, but it is entirely clear that the commissioner 
 should not be vested with this extraordinary power to open 
 and work several miles of streets regardless, perhaps, of the 
 wishes of the owners of the property. For all ordinary 
 purposes the general laws in reference to. street openings in 
 New York city are quite adequate, and should be observed, 
 unless in exceptional cases where it is demonstrated that 
 special legislation is necessary to promote the public 
 welfare. 
 
 It is also respectfully submitted that the title of the bill 
 is not in conformity with the constitutional requirement 
 
Public Papers of G-overnok Cornell. 175 
 
 with reference to local bills. The sixteenth section of article 
 three of the Constitution provides that ' ' no private or local 
 bill which may be passed by the Legislature shall embrace 
 more than one subject, and that shall be expressed in the 
 title." Possibly this bill only embraces what would be 
 deemed "one subject," according to the meaning that phrase 
 was intended to convey ; but it is clear that the title does 
 not express the object of the bill. Indeed, by far the most 
 important part of the bill is not expressed in the title, while 
 even that portion which is expressed, seems too general and 
 indefinite. The title contains not a word in regard to 
 authorizing the commissioner to "regulate, grade, curb and 
 flag" the streets in question, and nothing from which such 
 authority could be derived or inferred. 
 
 ' ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 704, Relating to Illuminatinc; 
 Oils and Fluids. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, July 21, 1881. ( 
 To the Asseiiibly : 
 
 Assembly bill No. 704, entitled "An act to regulate the 
 standard of illuminating oils and fluids lor the better protec- 
 tion of life, health and property," is herewith returned with- 
 out approval. 
 
 This bill provides that there shall not be manufactured or 
 sold within the State, for illuminating or heating purposes, 
 oil or burning fluid, which shall emit an inflammable vapor 
 that will flash at a temperature below one hundred degrees 
 Fahrenheit ; and that no such substance which will ignite at 
 a temperature below three hundred degrees shall be used or 
 carried in any passenger or baggage car or passenger boat. It 
 
176 Public Papers of Govebnok Cornell. 
 
 further provides for the appointment of a State inspector, and 
 not more than twenty-five deputy inspectors of illuminating- 
 oils ; and that no oil or burning fluid shall be permitted to be 
 sold within the State, which shall not have been duly inspected 
 and branded by the inspectors. Thus a complicated system 
 of official machinery is to be created for the purpose of 
 inspecting an article of merchandise in common use, whether 
 the same come beJow the standard of prohibition or not. Oils 
 that are perfectly safe are to be subjected to inspection the 
 same as those that are dangerous on account of their explosive 
 character. 
 
 The eighth section of article live of the Constitution declares 
 that • ' all offices for the weighing, gauging, measuring, culling 
 or inspecting of any merchandise, produce, manufacture or 
 commodity whatever, are hereby abolished, and no such office 
 shall hereafter be created by law ; but nothing in this section 
 contained, shall abrogate any office created for the purpose of 
 protecting the public health * * '*" There can be no doubt 
 that this constitutional provision effectually prohibits the 
 creation of any office for the inspection of any article of mer- 
 chandise or manufacture which does not endanger the public 
 health. It can hardly be maintained that safe oils must be 
 inspected simply because unsafe oils are sometimes manufac- 
 tured and offered for sale. To avoid the foregoing constitu- 
 tional prohibition the inspection must of necessity be based 
 upon the proviso in behalf of the public health. It seems 
 clear, therefore, that the inspection of oils ought to be confined 
 to such as are fairly presumed to be dangerous. ' 
 
 It is eminently proper that a safe standard of illuminating 
 oils should be established by law, and the sale of such as do 
 not conform to the standard should be prohibited under severe 
 penalties. Beyond this a system of examination of danger- 
 ous oils might, verj properly, be provided, with authority to 
 make inspections in all cases M^here, by allegation or other- 
 
Public Papers of Governor Cornell. 177 
 
 wise, reasonable suspicion as to the dangerous character of 
 oils is entertained. Manufacturers should be required to 
 brand their product according to its quality, and be held to 
 rigid accountability therefor. If experience proved further 
 precaution necessary, manufacturers within the State and 
 agents for the sale of oils manufactured beyond its borders, 
 could be licensed and required to give bonds to guarantee the 
 character of their respective products. 
 
 The system of inspection proposed by the accompanying 
 bill would inevitably prove obnoxious to large numbers of 
 persons who are now accustomed to deal in the articles in 
 question. Even if this measure were free from doubt as to 
 its constitutionality, there might be very serious question as 
 to the wisdom of hampering trade with all the complicated 
 details which the operation of the proposed law would entail. 
 The true principle of government requires the utmost free- 
 dom from restraint consistent with good order and the safety 
 of community. Care should be taken to avoid, as far as 
 possible, the creation of new offices ; more especially such as 
 would be likely to give undue annoyance to the people. 
 
 ALONZO B. COKKELL. 
 
 Veto, Senate Bill No. 129, Allowing Aliens to Pur- 
 chase AND Hold Land. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, | 
 Albany, July 23, 1881. \ 
 To the Senate : 
 
 Senate bill No. 129, entitled "An act to authorize aliens to 
 purchase and hold real estate in this State," is herewith 
 returned without api)roval. » 
 
 This bill proposes to establish a new policy in regard to 
 allowing aliens to acquire, hold and convey real estate within 
 12 
 
178 Public Papers of Govekivor Cornell. 
 
 this State. Heretofore it has been deemed necessary to act 
 upon each separate case by legislation, and a general rule has 
 obtained, of granting a release as a matter of course, where 
 title has come to the State by reason of the alienage of parties 
 interested. It is now proposed that aliens to whom lands may 
 have descended from any ancestor or may hereafter so descend, 
 or to whom lands may have been or may hereafter be devised, 
 shall have, hold and convey the same, to all intents and pur- 
 poses, as any natural born citizen may do. The title of the 
 bill also proposes to authorize aliens to purchase real estate, 
 but such authority is not granted by the terms of the bill. 
 This feature was contained in the printed bill, but appears to 
 have been stricken out by the Legislature in its consideration 
 of the measure, without having corrected the form of the title. 
 It is manifest, therefore, that the Legislature deemed it 
 unwise to grant the general privilege of allowing aliens to 
 purchase lands. Assuming this to be its deliberate judgment, 
 it is difficult to understand the policy of granting the limited 
 authority contained in the bill as it now stands. Certain 
 advantages would doubtless follow the enactment of a law 
 authorizing the purchase of lands by aliens, and these would 
 have the effect to induce the investment of foreign capital. 
 In cases where such purchases result in the improvement of 
 property, obvious benefits would accrue to the State ; but 
 where only the holding of property for speculative purposes 
 should occur, the contrary effect would follow. It seems 
 clear, however, that so long as this branch of the subject 
 remains for legislation, as occasion may require, it is better 
 that the whole question should continue at the disposal of the 
 same authority. 
 
 ALONZO B. CORNELL. 
 
Public Papers op Governok Corts^ell. 179 
 
 Veto, Senate Bill No. 322, eor the Eelief oe Babette 
 
 Stemmler. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, i 
 Albany, July 23, 1881. j 
 To the Senate : 
 
 Senate bill No. 322, entitled "An act for the relief of 
 Babette Stemmler," is herewith returned without approval. 
 
 At the general election in 18G9 one McGruire was declared 
 elected Justice of the Seventh District Court in the city of 
 New York. He was awarded the certilicaie of election and 
 entered upon the duties of the office, discharging the same 
 during a period of more than three years. His election was 
 contested, in the courts by his competitor, Stemmler, who 
 finally obtained judicial decision in his favor and succeeded 
 to the office in 1873. The facts developed on the trial of the 
 case clearly demonstrated the fraudulent character of 
 McGuire's title to the office ; and gross injustice was suffered 
 by Stemmler in subjecting hiuL to a prolonged and vexatious 
 contest to establish his rights. In a suit to recover the salary 
 Stemmler secured a judgment against McGuire ; but the lat- 
 ter proved irresponsible, and collection was found to be 
 impossible. The object of this bill is to direct the Comptrol- 
 ler of the city of New York to pay Stemmler' s Avidow an 
 amount equivalent to the salary which was paid to McGuire 
 -while acting as justice de facto from January 1, 1870, to July 
 31, 1873. If either a legal or equitable claim could be estab- 
 lished against the city in this case, it would be competent for 
 the Legislature to grant the relief sought. Unfortunately, 
 however, reimbursement in cases of this character can only 
 be regarded as gratuities, and, therefore, repugnant to that 
 provision of the Constitution which prohibits the giving of 
 the money or joroperty of any county or city to an individual. 
 
 ALONZO B. CORNELL. 
 
180 PtTBLic Papers of Uovernok uornell. 
 
 Memoeakdum Filed with Penal Code, Approved. 
 
 STATE OF NEW YORK : 
 
 Executive Ciiamber, 
 
 HBER, 1 
 
 ■, 1881. f 
 
 Albany, July 26 
 
 Memorandum filed with Assembly hill No. 63, entitled ''An 
 act to establish a Penal Code." Duly approved. 
 
 This bill reached the Executive Chamber on the last day but 
 one of the legislative session ; too late, therefore, to afford 
 sufficient opportunity for an intelligent consideration of its 
 provisions in detail, before the final adjournment. A careful 
 examination since, develops a number of objections to certain 
 sections which evidently need amendment. Had the bill come 
 to my attention in time to have received further consideration 
 by the Legislature, these undesirable features would have 
 been pointed out with a view to their correction. The only 
 alternative now remaining is to approve the measure as a 
 whole and trust to future legislation for the proper annnid- 
 ments, or to reject it entirely. 
 
 Inasmuch as the bill, if approved, will not take effect until 
 Ma^- 1, 1882, ample time during the next legislative session 
 will be available for the consideration and adoption of neces- 
 sary and desirable amendments, before any of its provisions 
 become operative. In general the bill seems highly meritori- 
 ous, and is warmly approved by the legal profession as sup- 
 plying a want long felt in the administration of the criminal 
 statutes. Considering the questi.>n in all its bearing, the 
 wiser course appears to be in favor of the approval of the bill 
 ■ in its present form, depending on the next Legislature to per- 
 fect it in such manner as in their wisdom may seem best. 
 
 ALONZO B. CORNELL. 
 
INDEX 
 
 MISCELLANEOUS. 
 
 Boundary line between New York and Pennsylvania, relative to 33 
 
 Boundary line between New York and Pennsylvania, letter from (jov. Hoyt 
 
 relative to 34 
 
 Boundary line between New York and New Jersey, relative to 33 
 
 Gildersleeve, Judge Henry A., charges against 05 
 
 Mandamus, writ of, alternative, Qaf, Fleisclimann & Co., answer to 76 
 
 Mandate for arrest of Patrick Ryan, revocation of 4.5 
 
 Message, annual 3 
 
 .Message, special, announcing Tax commission ' 30 
 
 Message, special, relative to abandonment of Chemung canal 71 
 
 Message, special, relative to vacancies in office of United States Senator 63 
 
 Message, special, transmitting resignations of Roscoe Conkling and Thomas 
 
 C. Piatt, United States Senators .56 
 
 Message, special, transmitting petition for the removal of Judge Sanford. ... 3? 
 Message, special, transmitting report of State Board of Health relative to 
 
 New York and Brooklyn 46 
 
 Message, special, recommending commission relating to war of 1812 105 
 
 Murphy, Edward, jr.. Mayor of Troy, charges against 71 
 
 'Order directing removal of obstructions in the Hoosick river 38 
 
 Order to District Attorney of Rensselaer county relative to nuisance at Hart's 
 
 Falls 133 
 
 Penal Code, approved, memorandum filed with 180 
 
 Protest to Secretary of State against promulgating certain bills as laws 139 
 
 Ryan, Patrick, letter to Governor of West Virginia relative to 44 
 
 PLEURO-PNEUMONIA AMONG CATTLE. 
 
 Special message relating to 27 
 
 Order to Sheriff of Putnam county to quarantine certain premises 40 
 
Index. 
 PROCLAMATIONS. 
 
 ertain nuisances, for suppression of 47 
 
 or special election for member of Assembly in Franklin county 35 
 
 otteries, forbidding 55 
 
 eward for murderer of Peter McCann 26 
 
 eward for murderer of Cynthia Sargent 37 
 
 PUBLIC HEALTH. 
 
 etter to Oovernor of New Jersey relating to Staten Island 45 
 
 VETOES. 
 
 liens to purchase and hold land, allowing 177 
 
 rmory in Kings county, site of 36 
 
 ppropriation for canals, certain items in 72 
 
 lankers' Life Insurance and Trust Company, relating to 61 
 
 iridge over canal at Cohoes, removal of 56 
 
 ertain oificers, in regard to HI 
 
 ertificates of deposit, authorizing return of 40 
 
 haritable, benevolent and beneficiary associations, concerning 88 
 
 hemung and Greene counties, exempting from town auditors act 57 
 
 hemung river, to build bridge across 75 
 
 lerk of Albany county, duties and fees of 106 
 
 linton county, surrogate of, conferring additional powers 117 
 
 ode of Civil Procedure, amending the. . , 165 
 
 oeymans, town of, exempting from town auditors act 125 
 
 ompensation of keepers of city prison, New York city, fixing 97 
 
 ompensation of court officers in Erie county, relative to 81 
 
 ornell Hose Company, Kingston 100 
 
 brporations, certain, to deal in patent rights 127 
 
 lottman, Thomas, relief of 52 
 
 iunningham, John, to reimburse for costs, etc 42 
 
 locks in the city of New York, building of 138 
 
 iresden, village of, relating to 158 
 
 luff, Patrick, relief of 107 
 
 Ihlers, Robert John, to legitimize the birth of 153 
 
 Irie Canal, Rochester, bridge over 89 
 
 Ischeat, releasing to Auguste Louise Hohnholz 51 
 
 Ischeat, releasing to Martha Harvey 49 
 
I.VBEX. 
 
 Esclieat, releasing to Catherine S. Wakeman 120 
 
 Esclxeat, releasing to Elbert Ball and others 49 
 
 Escheat, releasing to Joseph D. De O roat 159 
 
 Expenses of the Legislature, to pay certain 163 
 
 Fish hatchery in Jefferson Co., providing for 143 
 
 Foley, John, relief of 160 
 
 Franklin county, travel on highways of, relative to 161 
 
 Fraud in sugar, to prevent 163 
 
 Freedom of Worship in certain Institutions 98 
 
 Floating docks, relative to 64 
 
 Grades of certain streets in New York city, changing 174 
 
 Game Laws, amending 114 
 
 Grand Legion of Select Knights of Ancient Order of [Jnited Workmen, to 
 
 incorporate 43 
 
 Hatzel, Jacob A, , relief of 119 
 
 Hell Gate pilots, relating to 63 
 
 Illuminating oils and fluids, relating to 175 
 
 Informers, testimony of 185 
 
 Jackson avenue. Long Island City, improvement of 103 
 
 Jurisdiction of canal appraisers in Tyrrell case, conferring 101 
 
 Judevine. William, relief of 63 
 
 Judge and surrogate of Seneca county, increasing salary of 50 
 
 Kehr, Peter, and others, relief of 103 
 
 Kessel, Moses, relief of 166 
 
 Kingsley, W. C. and Abner C. Keeney, relief of 120 
 
 Lake George, trees and shrubbery in 168 
 
 Long Island City, streets in 113 
 
 Long Island City, aldermen of, providing salary for 154 
 
 Lorraine street, Brooklyn, for grading 68 
 
 Metropolitan Transit Company, relating to 93 
 
 Mining companies, relating to 81 
 
 Xew Capitol appropriation 169 
 
 Noxious weeds in highways, relating to 157 
 
 Oleomargarine, manufacture and sale of 89 
 
 Oleomargarine, relating to 66 
 
 Policemen, false impersonation of 66 
 
 Private property, for protection of 153 
 
 Public bath. New York city, construction of , 53 
 
 Public school teachers, New York and Brooklyn, pensioning of 108 
 
 Public Schools of Brooklyn, certain supplies to 138 
 
 Reclaiming lands from the State I'J'S 
 
Index. 
 
 Public Schools of Brooklyn, protection of life and property in 139 
 
 Reducing the pay of certain town oiBcers of Sullivan Co. , rejjeal of act 35 
 
 Refreshment House, Central Park, New York city, for buildiig 78 
 
 Registry of voters. New York city, publication of 79 
 
 Removal of actions by foreign insurance companies to United States courts, 
 
 to prevent 69 
 
 Riverside and other parks, relating to 167 
 
 Sheriff's jury, city and county of New York 93 
 
 Special County Judge and Surrogate, Washington Co., conferring additional 
 
 powers on 53 
 
 Spuyten Duy vil parkway 140 
 
 Stable manure. New York city, removal of 58 
 
 State Industrial School, to establish a 145 
 
 Stemmler, Babette, relief of .' 179 
 
 Supply bill, certain items in 82 
 
 Supply of water, city of' New York, from Putnam Co 95 
 
 Supply of water, city of New York, to provide a further 146 
 
 Ulster and Delaware Plankroad Co., relating to 59 
 
 Vinegar, manufacture of 67 
 
 Workman's Mutual Benefit and Accident Association, incorporating 133 
 
Public Papers ' 
 
 OF 
 
 Alonzo B. Cornell, 
 
 GOVERNOR 
 
 OF THE 
 
 STATE OF NEW YORK. 
 
 1882. 
 
 ALBANY: 
 
 E. H. BENDER, PKINTBR. 
 
 1883. 
 
PUBLIC PAPERS 
 
 OP 
 
 GOVERNOR CORNELL 
 
 ANNUAL MESSAGE. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, January 3, 1882. i 
 To the Legislature : 
 
 Uninterrupted prosperity has attended the people of this 
 State during the year just ended, in all commercial and 
 industrial interests, save in the pursuit of agriculture, from 
 which only a moderate return of the products of the soil has 
 been realized in consequence of the summer drought ; but this 
 deficiency has not been such as to occasion suffering or alarm. 
 Stimulated by the unprecedented development of manufac- 
 turing enterprises of various kinds, cities and villages have 
 taken new and rapid growth; and the establishment of many 
 recent railway lines promises at no distant day, important 
 and valuable additions to public facilities for transportation. 
 Investments in building and other permanent improvements, 
 have been larger and less speculative than in any previous 
 year ; and an increasing demand for labor, therefore, with 
 corresponding benefits of compensation, has perceptibly 
 improved the condition, and promoted the contentment, of 
 the working classes. To the shiftless and improvident, want 
 and idleness seem alone confined. For these blessings in such 
 measure bestowed, as well, also, for the satisfactory state of 
 the public health, the observance of law, and the preservation 
 
4 Public Papees op Goveenoe Coekell. 
 
 of order, it becomes us to manifest sincere thankfulness to 
 the Source of All Good, for His gracious care ; and gratefully 
 to seek His continued favor and guidance through the coming 
 year. 
 
 But though peculiarly blessed in material respects, we have 
 been suddenly plunged into national grief and mourning. 
 The wicked assassination of , the President of the United 
 States convulsed every heart. The whole civilized world felt 
 the blow. That the chief magistrate of this great republic 
 should be murderously assailed, and languishing, die, in a 
 time of such general prosperity and peace, produced a shock 
 unparalleled in our history. Sorrow fell over all like a pall. 
 The expressions of sympathy, coming with signal accord 
 from every quarter of Christendom, evidenced, impressively, 
 the amity and respect entertained toward us by all enlight- 
 ened nations. But that such an appalling event could occur 
 without violent or disastrous consequences to public order, 
 and with no excitement or turmoil attending the transfer of 
 executive power to the constitutional successor, afEords a 
 fitting illustration of the wisdom and stability of our form of 
 government, enduring in the devotion and loyalty of the 
 American people. To the munificent provision for the widow 
 and fatherless children, quickly undertaken and accomplished 
 in a noble impulse and spirit, citizens of this State contributed 
 with a liberality and zeal alike honorable to themselves and 
 to the proud name sustained by New York in the sisterhood 
 of the Union. 
 
 Finances. 
 
 The prudent and economical administration of the financial 
 affairs of the State is demonstrated by the condition of the 
 State Treasury, and must prove gratifying to every citizen. 
 
 During the past year the public revenues have been adequate 
 to satisfy all legitimate claims, and provide $376,500 for the 
 Sinking Fund, leaving on hand besides, a surplus larger by 
 
Public Papers of Goveenoe Cornell. 5 
 
 $1,846,856 than that which existed at the close of the preced- 
 ing year. The operations of the financial department for the 
 past fiscal year and the general condition of the State Treasury 
 on the 30th of September, 1881, are exhibited by the follow- 
 ing detailed statement : 
 
 Receipts and Payments. 
 
 Aggregate balances in the Treasury of all the 
 funds October 1, 1880 $3,448,215 38 
 
 Aggregate receipts during the fiscal year end- 
 ing September 30, 1881 14,940,403 90 
 
 $18,388,619 28 
 Deduct payments during the year 12,856,760 57 
 
 Balance in the Treasury Sept. 30, 1881 .... $5,531,858 71 
 
 The amount of receipts into the Treasury on 
 account of the General Fund revenue, dur- 
 ing the year ending September 30, 1881 $8,751,034 80 
 
 The payments 6,986,370 01 
 
 Apparent surplus, September 30, 1881 .... $1,764,664 79 
 
 Supplementary Statement. 
 
 Balances due from county treasurers, Septem- 
 ber 30, 1881, on State tax of 1880 $247,025 47 
 
 Add amount paid on account of 1881, appro- 
 priations, included in tax levy payable into 
 the State Treasury in April and May, 1882, 
 of which $440,000 was for new Capitol 1,021,272 51 
 
 Add apparent surplus of the revenue, Septem- • 
 ^-ber 30, 1881, as shown in preceding state- 
 ment .1,764,664 79 
 
 Total ■ $3,032,962 77 
 
6 PuBLrc Papers of Gtoveenob Coenell. 
 
 Amount brought forward $3,032,962 77 
 
 Deduct balances of 1880, appropriations unpaid 
 and in force September 30, 1881 : . 533,347 50 
 
 Actual surplus, September 30, 1881 $2,499,615 27 
 
 DeM. 
 On the 30th September, 1880, the total funded 
 debt was $9,114,054.87^ classified as follows : 
 
 General Fund (Indian annuities) $122,694 87 
 
 Canal 8,988,360 00 
 
 Bounty 3,000 00 
 
 Total. ' $9,114,054 87 
 
 On the 30th September, 1881, the total funded 
 debt was $9,109,054.87, classified as follows : 
 
 General Fund (Indian annuities) $122,694 87 
 
 Canal 8,983,360 00 
 
 Bounty 3,000 00 
 
 Total $9,109,054 87 
 
 A balance of $2,422,981.57 in the Canal Sinking 
 Fund leaves the amount of that debt, unpro- 
 vided for September 30, 1881, at ' $6,560,378 43 
 
 The State debt on the 30th of September, 1880, 
 after deducting the unapplied balances of the 
 Sinking Funds, amounted to. $7,059,574 70 
 
 On the 30th September, 1881, including $122,- 
 694.87 ....-...; , . . . 6,683,073 30 
 
 Showing net contributions to Sinking Fund of $376,501 40 
 
 The actual reduction of the debt during the 
 same period by cancellation being $5,000 00 
 
Public Papees of Goveeitob Cornell. 7 
 
 Taxation. 
 
 The tax levy enacted by the last Legislature for the current 
 fiscal year, is at the rate of 2i mills, which it is estimated, 
 will yield, on the present valuation, a revenue of $6,032,829.- 
 61. The levy of the preceding year was at the rate of 3| 
 miUs, and produced $9,232,542.33. Thus it wiU be seen that 
 the burden laid on the tax payers directly for State purposes, 
 has been reduced this year more than one-third, as compared 
 with the previous year. With the large surplus now in the 
 treasury, if the appropriations by the present Legislature be 
 confined to the actual necessities of the State, the rate of 
 taxation for the coming year can be still further and materi- 
 ally reduced. Sound policy dictates that the present encour- 
 aging condition of the fiscal affairs of the State shall not be 
 disturbed by inconsiderate or extravagant legislation, but 
 that appropriations be confined to legitimate expenditures, 
 and the completion of public works now in progress. 
 
 The necessity of a revision of the laws relative to assess- 
 ment and taxation still exists, and reform in this regard is 
 urgently demanded by the people. This subject was earnestly 
 presented in my previous annual messages, and much discus- 
 sion was devoted to it by the last two Legislatures, without, 
 however, securing satisfactory results. Beyond a modifica- 
 tion of the law defining the term "land," nothing practical 
 has been accomplished in this respect. One great defect in 
 the assessment laws is their failure to reach personal property, 
 thereby imposing an undue proportion of the burden of taxa- 
 tion on the owners of real estate. The reduction in the rate 
 of taxation for State purposes affords but moderate relief to 
 the long-suffering tax payer, for the reason that much the 
 larger proportion of taxation results from expenditures made 
 by city, village or county authorities ; and in many localities 
 the rate of taxation consequent upon large local indebtedness, 
 is such as to render the condition of the land-owner extremely 
 unfortunate. 
 
8 Public Papers of Goveenoe Coenell. 
 
 Until some comprehensive and practical measure be 
 matured, and embodied in the statutes of the State, distribut- 
 ing the expenses of government, both local and general, fairly 
 and equitably among all property owners, the issue will still 
 remain, and be pressed for solution on the law-making 
 authority of the State. Your attention is earnestly directed 
 to this subje(!t, as the importance of the question demands, 
 in the hope and belief that your wisdom will be equal to the 
 requirements of the case. 
 
 As a means of relieving, to some extent, ordinary tax payers 
 from the expenses of the State government, laws were enacted 
 during the last two years, for special taxes on corporations. 
 Some imperfections in the terms of these laws have prevented 
 the accomplishment of all that was designed, but the results 
 so far realized have been such as to convince the practical 
 observer that something still more effective and desirable can 
 be reached by judicious amendment of existing acts. During 
 the last fiscal year the sum of $992,725.16 was received and 
 paid into the State Treasury under the operation of these 
 laws, in addition to $141,127.03 collected during the preceding 
 fiscal year. The Comptroller will furnish suggestions, based 
 on the experience of administering these special laws, that 
 will doubtless aid you in framing the necessary amendments. 
 
 Canals. 
 The limited movement of grain products, and unusual com- 
 petition between the trunk lines of railway during the past 
 season, have largely reduced the volume of traffic on the 
 canals, whose revenues have suffered a corresponding reduc- 
 tion. During the calendar year 1880 the total number of tons 
 moved was 6,457,656, while for the year 1881 the amount waa 
 only 5,175,505, showing a loss in traffic the current year, of 
 1,282,151 tons. Furthermore, canal freights have been lower 
 than in any previous year ; the average for the season, from 
 Buffalo to tide-water, was, for wheat, 4,^ cents per bushel ; 
 
Public Papers of Goveenoe Coenell. 9 
 
 and for corn, 4,^ cents per bushel. After deducting the 
 tolls, at l-if^ cents per bushel for wheat and ^\ cents for 
 corn, the above rates netted the carrier but $1.28 per ton ; and 
 during a portion of the season only 90i cents per ton from 
 Buffalo to New York, a distance of nearly five hundred miles. 
 The movement of west-bound traffic for 1880 was 1,518,290 
 tons, and in.l881, 1,365,418 tons ; showing a decrease of 152,- 
 872 tons this year, notwithstanding the removal of tolls on 
 this class of traffic. 
 
 . The revenues of the canals for the year ended September 
 30, 1881, were as follows : 
 
 Tolls $810,532 50 
 
 Eent of surplus water 1,535 00 
 
 Miscellaneous 6,197 56 
 
 Total $818,264 61 
 
 Total expenditures for collection, superintend- 
 ence and ordinary repairs 1,023,907 06 
 
 / 
 
 Expenditures in excess of revenue $205,642 45 
 
 This deficiency in revenue was supplied from the fund for 
 extraordinary repairs, in pursuance of section 2 of chapter 
 449, Laws of 1881. 
 
 The sum of $818,264.61 (the gross income of the last fiscal 
 year), under the constitutional restriction, will be the limit of 
 expenditures for the current fiscal year, which will end Sep- 
 tember 30, 1882. But the estimated receipts from tolls will 
 aggregate only $640,000, leaving a deficiency of $178,000 in 
 revenue to meet the ordinary repair appropriation for the 
 same year. This deficiency can be supplied in the same 
 manner as last year, by a. contingent appropriation from the 
 extraordinary repair fund, of which there is left unappro- 
 priated about $460,000. 
 
 It will be observed that the expenditures for the collection 
 of tolls, superintendence and ordinary repairs for the last 
 
10 Public Papers of Gtovbrnoe Cornell. 
 
 fiscal year were $134,891.23 in excess of the preceding year. 
 All of this amount, and a considerable sum in addition, was 
 expended for necessary work which had been unavoidably 
 postponed in consequence of the diminished revenues of the 
 years 1878 and 1879 ; and for material to be used for repairs 
 hereafter. The necessity for the purchase and accumulation 
 of material for use in succeeding years is due, to tJie constitu- 
 tional restriction which limits the expenditures in any one 
 year to the amount of gross income of the previous year. 
 This safeguard is fully justified in view of the lessened reve- 
 nues of the current year, and the prospect of still greater 
 reduction of income for the year to come. 
 
 If the revenues for the current fiscal year, ending Septem- 
 ber 30, 1882, do not exceed the foregoing estimate of $640,000, 
 then that amount will be the limit for expenditures for the 
 fiscal year ending September 30, 1883, regardless of the actual 
 revenue for that year ; unless, in the meantime, the Constitu- 
 tion be amended. This sum seems altogether insufiicient for 
 a year' s maintenance. 
 
 There should have been contributed from the revenues of 
 the last fiscal year to meet the constitutional requirements for 
 deficiency in the Sinking Fund : 
 
 Interest on canal debt $538,602 00 
 
 For the Sinking Fund 450,000 00 
 
 Total not realized $988,602 00 
 
 Add for deficiency in tax of 1880 17,098 59 
 
 Add for interest on these deficiencies until 
 
 same can be realized from taxes 80,456 05 
 
 Total amount to be supplied by tax $1,086,156 64 
 
 The competition of railways, the enlargement of the Cana- 
 dian canals, and the development of the Mississippi river 
 route, are important considerations with reference to the 
 future capacity of the canals to earn the necessary revenue 
 
Public Papers of Goveknoe Cornell. 11 
 
 for maintenance. If, added to these, there should be a 
 smaller foreign demand for breadstuffs, or reduced produc- 
 tion in the western States, it is plain to be seen that under 
 the present constitutional restriction on canal expenditures, 
 the usefulness of the canals may be seriously imperiled, if 
 not entirely suspended, until relief be secured through an 
 amendment to the Constitution. In view of the time required 
 for this process, your consideration of the pending proposi- 
 tions for constitutional amendment is respectfully suggested. 
 
 Canal Appraisers. 
 There has been a large falling off in the number of claims 
 for canal damages filed with the appraisers, as compared with 
 the preceding year, and a proportionate diminution in the 
 amount of damages claimed. Eighty-nine new claims, amount- 
 ing to $110,080, were presented last year, against two hundred 
 and twenty-five claims, aggregating $428,820, the year previ- 
 ous. One hundred and seventy-two cases were heard and 
 determined by the Board of Canal Appraisers during the 
 year. On those considered the damages claimed amounted to 
 $418,775, while the awards allowed thereon were only $10,- 
 635.72. The number of claims awaiting adjudication, and on 
 file in the department at the end of the year, was seven hun- 
 dred and forty-one. The Appraisers are entitled to credit for 
 the care with which they have kept their important trust, and 
 guarded the interests of the State committed to their charge. 
 
 Public Education. 
 The most notable feature respecting the interests of public 
 education, is presented by the marked decrease in the number 
 of children attending public schools during the past year, as 
 shown by reports made to the Superintendent of Public 
 Instruction, in which the number is stated at 1,021,282, as^ 
 against 1,031,593 for the preceding year. It is not easy to 
 determine what has caused this noticeable difference, unless 
 
12 Public Papees of Governor Cornell. 
 
 possibly, it be attributable to tlie increased demand for labor, 
 by reason of wMch children may have been withdrawn from 
 the schools to engage in various employments. Whatever 
 the cause it is sincerely to be regretted, as it cannot but prove 
 unfortunate to the well-being and usefulness of the rising 
 generation. 
 
 The constant decline of the school district libraries affords 
 striking evidence of the necessity for more liberal provision 
 for their support. The number of books in these libraries 
 last year is reported at 707,155, which, compared with the 
 previous year, is a decrease of 28,508. In 1860 the number 
 was 1,286,536 ; and a gradual but certain reduction has been 
 going on each succeeding year. These libraries afford many 
 facilities for information, not only to children, but likewise 
 to adults ; and they should not be permitted to deteriorate or 
 waste away. Perhaps a change from the district system to 
 that of town libraries might be advantageously made. But 
 it is clear that some well-timed and expedient method should 
 be adopted to arrest the present downward tendency ; other- 
 wise the $50,000 under present laws annually appropriated to 
 library purposes by the State, might better be directed to 
 some other object. 
 
 Common School Statistics. 
 
 For the year ending September 30, 1881 : 
 "Total receipts, including balance on hand Sep- 
 tember 30, 1881 $1,1,984,715 08 
 
 Total expenditures 10,808,802 40 
 
 Amount paid for teachers' wages 7,775,505 22 
 
 Amount paid for school-houses, repairs, furni- 
 ture, etc 1,467,361 00 
 
 lEstimated value of school-houses and sites 31,091,630 00 
 
 Number of school-houses 11,894 
 
 Number of school districts, exclusive of cities, 11,248 
 
Public Papers of Governor Cornell. 13 
 
 Number of teachers employed for the legal 
 
 term of school 20,' 728 
 
 Number of teachers employed during any por- 
 tion of the year 30,826 
 
 Number of children attending public schools, 1,021,282 
 
 Number of persons attending Normal schools, 5,944 
 Number of children of school age in private 
 
 schools 108,309 
 
 Number of volumes in school district libraries, 707, 155 
 Number of persons in the State between th^ 
 
 ages of five and twenty-one years 1,662,813 
 
 Colleges and Academies. 
 
 Reports have been received by the Regents of the Univer- 
 sity during the past year, from twenty- two literary colleges, 
 comprising 388 instructors, 4,389 students, and representing 
 property to the amount of $17,240,400 ; also, returns from 236 
 academical institutions with 1,182 instructors, and 31,036 
 pupils ; of the latter of whom 9,759 are stated as pursuing 
 academic studies and forming the basis for the apportionment 
 of the literature fund. 
 
 The past year has been exceptional for the unusual num- 
 ber and amount of donations made to the various colleges and 
 universities of the State. These institutions are keeping pace 
 fully with those of other States, and afford gratifying promise 
 of increase'd usefulness in the future. The demand for edu- 
 cated service is such that most of the graduates from the 
 scientific courses of collegiate institutions find prompt and 
 profitable employment. This fact is calculated to exert an 
 important and most salutary influence on the material develop- 
 ment of the country, and every relation of society. 
 
 As trustees' of the State Library the Regents of the Univer- 
 sity have made provision for arranging and editing the Clinton 
 manuscripts, and other State papers, under the authority 
 
14 Public Papers or Governor Cornell. 
 
 heretofore granted by the Legislature. The scope and pro- 
 ;gress of this work will be reported to you in due season, and 
 will doubtless engage an interest appropriate to its character. 
 
 Banks. 
 
 Perhaps in no other way can the improved financial condi- 
 tion of the people of the State be more readily discerned and 
 appreciated than from the condition of the banks, and more 
 particularly the savings banks, in which the surplus earnings 
 ■of people in moderate circumstances are deposited. Notwith- 
 standing the smaller rate of interest now allowed depositors 
 incident to the constant reduction in income from all really 
 first-class securities, these institutions show large gains in the 
 number and amount of deposits. A most gratifying feature 
 of the condition of the savings banks, is the substantial 
 increase of their surplus funds, thus insuring greater stability 
 and security against loss in less prosperous times. 
 
 On October 1, 1881, seventy-two banks of discount and 
 deposit were engaged in active business, under the provisions 
 of the State banking laws ; and their condition was as follows : 
 
 Eesources $113,463,572 
 
 Capital 19,025,700 
 
 Surplus and profits 8,928,175 
 
 Due depositors 75,717,130 
 
 Other liabilities 9,792,567 
 
 During the year deposits increased, $13,921,357; profits, 
 $869,895 ; loans and discounts, $11,242,376. The net aggregate 
 increase in assets was $13, 612,817. Five new banking associa- 
 tions organized during the year, and one changed from a State 
 to a National bank ; leaving four as the net increase in num- 
 ber of associations. 
 
 One hundred and twenty-eight savings banks reported July 
 1, 1881 ; eleven of which are in process of voluntary Uquida- 
 
Public Papers of Goveenor Cornell. 15 
 
 tion and do not receive deposits ; the only act necessary to 
 complete their final dissolution being the transfer of un- 
 claimed balances, to the Superintendent. No savings bank 
 closed during the year. In July last a certificate of authori- 
 zation was granted for a savings bank in Buffalo, that being 
 the only one organized since 1875. The condition of the sav- 
 ings banks on July 1 was as follows : 
 
 Resources $484,204,808 
 
 Due depositors 370,672,297 
 
 Surplus 53,303,383 
 
 Other liabilities 229,127 
 
 Number of open accounts 995,742 
 
 The increase in the several items during the year was as 
 follows : 
 
 Resources $47,993,568 
 
 Deposits 35,210,727 
 
 Surplus 12,759,929 
 
 Open accounts 82,879 
 
 There are thirteen trust, loan and mortgage companies in 
 operation in the State, owning $130,000,000 of assets. The 
 aggregate capital employed is $12,000,000. During the year 
 one new trust company organized. 
 
 There are ten corporations for the safe-keeping and guaran- 
 teeing of personal property, two of which organized during 
 the year ; the capital invested being $1,976,900. 
 
 Insurance. 
 
 A report on the condition of the several classes of insurance 
 companies transacting business in this State, furnished by the 
 Superintendent of the Insurance Department, present a grati- 
 fying improvement in their condition during the past year. 
 
 On the 31st of December, 1880, there were 161 fire insurance 
 companies doing business in this State, of which 86 were New 
 York State companies, 53 of other States, and 22 foreign, 
 with total assets of $146,398,641 ; liabilities, including capital 
 
16 Public Papees of Governor Cornell. 
 
 stock, $97, 784, 334 ; and net surplus, $48, 614, 307. These com- 
 panies received during the year a gross cash income of $66,- 
 420,034, and their gross cash expenditure was $60,925,644. 
 During the year 1881 six other State and three foreign fire 
 insurance companies were admitted to transact business in 
 this State. Four New York fire insurance companies discon- 
 tinued business and reinsured their risks, and three other 
 State confpanies withdrew their agencies and ceased to do 
 business in this State, during the same period. 
 
 Twelve life insurance companies, organized under the laws 
 of New York, are now in operation, with aggregate assets of 
 $214,647,574; liabilities, $177,357,829; surplus, as regards 
 policy-holders, $37,289,744. Of other State life insurance 
 companies, eighteen are now conducting business in this 
 State, having assets of $203,303,435; liabilities, $169,031,510, 
 and surplus to policy-holders, $34,271,925. Of marine insur- 
 ance companies eighteen are transacting business in this State, 
 of which ten are foreign, six New York, and two other State 
 companies, with assets amounting to $21,315,263, and a net 
 surplus of $4,443,177. There are also two New York and two 
 other State casualty insurance companies doing business, 
 with $2,122,021 assets, and $843,004 surplus. 
 
 Securities for the protection of policy-holders insured by 
 the various insurance comjianies doing business in this State, 
 of the kind and amount required by statute, were held on 
 deposit by the Insurance Department on the 31st of Decem- 
 ber, 1880, as follows : 
 
 New York State Life $3,977,560 00 
 
 New York Casualty 201,426 00 
 
 New York Fire 1,562,000 00 
 
 Other State Fire 20,100 00 
 
 Foreign 7,060,000 00 
 
 Aggregate $12,821,086 00 
 
Public Papers op Governor Cornell. 17 
 
 Within the last eight months the Superintendent of the 
 Insurance Department has distributed to the policy-holders 
 of bankrupt life insurance companies from the proceeds of 
 securities held by him for their benefit, the sum of $94,675. 
 
 Co-operative Insurance. 
 The plan of co-operative insurance first inaugurated by 
 various secret societies has, in recent years, become very 
 popular ; and many organizations have been established for 
 this distinctive purpose. When prudently organized, and 
 intelligently and honestly managed, this kind of associations 
 undoubtedly offers the most economical mode of life insurance. 
 Providing as it does for the comfort of multitudes of families 
 that might otherwise be left destitute and dependent, it is of 
 the greatest importance that every prudential measure neces- 
 sary be taken by the State to guard and protect these humane 
 and praiseworthy associations from abuse. A bill passed 
 the last Legislature lo exempt this class of societies from aU 
 jurisdiction of the Insurance Department, which would have 
 allowed unchecked introduction into this State of hundreds 
 of fraudulent and speculative organizations existing in other 
 States. It appearing that such a step would prove disastrous 
 to the true interests of well-ordered organizations now so 
 flourishing in our State, this bill was disapproved by me ; and, 
 thereafter, another measure was enacted providing for the 
 conservative and helpful supervision of the Insurance Depart- 
 ment, designed especially to foster and strengthen all interests 
 involved, and protect them from the intrusion and deprecia- 
 tiori of degrading influences. The frequent reports published 
 of the disastrous results of wholesale graveyard insurance in 
 other States, have more than vindicated the wisdom of the 
 policy thus pursaed. The general law providing for the 
 organization of these societies can doubtless be amended to 
 the advantage of bona fide associations ; and it is hoped that 
 the subject will receive due deliberation at your hands. 
 2 
 
18 Public Papebs of Govebnoe Cobnell. 
 
 National Guaed. 
 
 In furtherance of the policy suggested in my last annual 
 message, the National Guard has been materially reduced in 
 numbers, and a reorganization ordered on a basis which, it is 
 believed, will render the force more efficient and useful for the 
 service required ; while it will also effect a considerable reduc- 
 tion of unnecessary expenditures. Two of the division or- 
 ganizations have been dispensed with, and their commands 
 consolidated with the remaining four general divisions. Three 
 brigade organizations have also been abolished, thus leaving 
 two brigades in each division. 
 
 The force, as reorganized, consists of four divisions, eight 
 brigades, fifteen regiments, one organized battalion, forty-two 
 separate companies of infantry, and seven separate batteries 
 of artillery, comprising, in the aggregate, 12,495 officers and 
 enlisted men ; and this is believed to be abundant for any; 
 emergency liable to arise. Should it, however, be regarded 
 desirable in the future, to increase the strength of the force, 
 it can be done by enlarging the present commands, without 
 duplicating organizations. 
 
 The usefulness of the National Guard, under our military 
 system, does not depend so much on the number of men 
 enrolled as on the efficiency and thorough discipline of the 
 several commands. Much, too, depends on the character, 
 intelligence and patriotic devotion of the officers and men in 
 the service. It is believed that by raising the standard of 
 qualification among officers, and the physical ability of the 
 men, and by placing the troops in camp service at reasonable 
 intervals, the present force will be made far more effective for 
 practical purposes than a much larger one would be without 
 these essential considerations. It was aimed to secure this 
 desirable object, avoiding the necessity of enlarged appro- 
 priations of public funds for military purposes, tliat the 
 policy of reducing the force has been pursued ; and it is con- 
 
Public Papers of Goteknoe Cobnell. 19 
 
 fidently predicted that the course taken will be vindicated by 
 experience. 
 
 The present mode of providing nnif orms for the members 
 of the National Guard is needlessly expensive and wholly 
 unsatisfactory. It entaUs an undue expense on the men, and 
 fails to provide such equipment as the needs of the service 
 require. A service uniform provided by the State, that can 
 be procured at a much smaller cost than the men are now able 
 to obtain a less desirable article for, would prove far more 
 useful in every respect. The adoption of this plan will re- 
 quire an amendment of the present law, which is respectfully 
 commended to your favorable attention. The appearance of 
 the troops of several of the other States, on the occasioii of 
 the military demonstration at Yorktown, in honor of the cen- 
 tennial celebration of the surrender of the British forces 
 tinder Cornwallis, could not have failed to impress all inter- 
 ested observers with the advantages and desirability of a 
 uniform dress for the militia. 
 
 The New Capitol. 
 Very satisfactory progress has been made, the past year, 
 toward the completion of the New Capitol. The Senate 
 Chamber, although not entirely finished, was occupied a por- 
 tion of the time during the last session of the Senate, but 
 has since been substantially completed ; and is, indeed, mag- 
 nificent in architectural and artistic design. The rooms for 
 the Executive Department were put in readiness, and formally 
 occupied, several months ago ; and they prove in every way 
 well appointed. The Insurance Department and the State 
 Board of Health, are also now located in the new building, 
 whUe the rooms designed for the Military Department and 
 the Superintendent of Public Instruction are nearly done, and 
 wUl soon be occupied. The offices for the Secretary of State 
 are now being placed in order, and are expected to be ready 
 for use during the winter. 
 
20 Public Papers of Governor Cornell. 
 
 The Judges of the Court of Appeals express dissatisfaction 
 with the apartments designed for their use, and seem un- 
 willing to occupy them at present. They desire to have 
 rooms set apart for them in another quarter of the building, 
 and have indicated a preference for a portion of the space 
 originally intended for the State Library. It is believed that 
 a change in the location of the Library to the west end of the 
 edifice would be quite satisfactory to the authorities having 
 charge of the Library ; which would aflEord opportunity for 
 the change desired by the Court of Appeals. This, however, 
 involves such a radical alteration in the plans of the building 
 heretofore adopted, that legislative sanction would seem first 
 to be necessary. Could the change suggested be effected 
 without unreasonable expense, it would be, perhaps, quite 
 desirable. 
 
 The expenditures on account of the erection and furnishing 
 of the New Capitol during the past year have been as follows ; 
 
 Balance of previous appropriations on hand as 
 
 reported in the last annual message $421,180 60 
 
 Chapter 24, Laws of 1881 250,000 00 
 
 Chapter 325, Laws of 1881 750,000 00 
 
 $1,421,180 60 
 Expended during the year 1,187,962 57 
 
 Balance on hand December 16, 1881 $233,218 03 
 
 This amount will be required to complete ;^ayments on con- 
 tracts not yet wholly completed ; and on outstanding and 
 unadjusted liabilities ; and, also, to continue work now in 
 progress. The Commissioners in charge will, in due time, 
 report to the Legislature a more detailed account of their 
 proceedings, and indicate the amount of appropriation desir- 
 able for their purposes during the coming year. 
 
 Authority was given by the last Legislature for the demoli- 
 
Public Papers of Governor Cornell. 21 
 
 tion of the Old Capitol, at the discretion of the Commission- 
 ers, which can, probably, be advantageously effected early 
 the coming spring. Provision should be made for the im- 
 provement of the Capitol grounds, with suitable embellish- 
 ments, as soon as the old building and State Librar/are 
 removed, in order to avoid the unsightly "appearance that 
 would otherwise be presented. Prompt action is very desir- 
 able, so that the trees and shrubbery that may be planted, 
 can take early growth. 
 
 • 
 Salt Springs. 
 
 The total amount of salt inspected on the Onondaga salt 
 springs reservation, for the fiscal year ending September 30, 
 1881, was 7,633,394 bushels, and the financial operations of 
 the agency were as follows : 
 
 Duties collected $76,334 47 
 
 Penalties, rents and sales 130 00 
 
 Total receipts $76,464 47 
 
 Expenses incurred 59,470 24 
 
 Surplus revenue : $16,994 23 
 
 In connection with this interest of the State, there is no 
 particular occasion for remark beyond the fact that it seems 
 to be well and profitably managed. 
 
 Agricultural Experiment Station. 
 The board of control of the State Agricultural Experiment 
 Station, created by chapter 702 of the Laws of 1881, after 
 deliberate and very thorough consideration of the subject 
 committed to them, and after careful examination of the 
 Tarious farms oflfered for the station, have finally determined 
 upon its location near the. village of Geneva, Ontario county -^ 
 and have appointed a director, in accordance with the pro- 
 yisions of the statute. The location is regarded as extremely 
 
22 Public Papers of Goveenoe Coenell. 
 
 eligible for the purposes designed, and the property selected 
 is in such condition with respect to buildings and general 
 improvement as to warrant the expectation that the station 
 will be in successful operation within a very few months. 
 
 With the station established and in practical process, 
 important results promotive of approved and profitable 
 agricultural methods, may be confidently looked for. Ex- 
 periments directed by scientific men, whose tests shall have 
 been proved, will be carefully noted ; and all information aa 
 to the best mesiis, and the product of given work in applied 
 ficiemce of agriculture, will be disseminated for the benefit of 
 those who choose to employ it. If this institution shall 
 prove a help to larger production and more profit in the cul- 
 tivation of the soil, and the growing of farm stock, its use- 
 fulness will soon be recognized, and its influence felt in the 
 material advancement of the natural resources of the State. 
 It is not by manual labor alone, but by intelligent forces 
 combined with it, that the best effects are obtained. The 
 trustees of the station will in due time make detailed report 
 to the Legislature, as required by law. 
 
 Pleuro-Pneumonia. 
 
 It is a matter of congratulation that while the cattle disease 
 known as pleuro-pneumonia, which formerly menaced the 
 farmers in this State is not entirely eradicated, it has been 
 confined to limited areas ; and seems to be gradually disap- 
 pearing. With a single exception, not likely to cause further 
 trouble, the disease has been confined to a small portion of . 
 Long Island ; and it is hoped that it may be speedily and 
 entirely eliminated from our territory. The total expendi- 
 ture incurred in maintaining supervision over the infected 
 region, and in exterminating the malady where it has ap- 
 peared, was, during the last fiscal year, $3,181.27. The 
 balance of appropriations remaining available for the prose- 
 
Public Papers of Governor Cornell. 23 
 
 cution of this work, will be abundant for all necessities that 
 may arise during the current year, unless, however, a serious 
 outbreak of the trouble should occur, not now anticipated. 
 
 Oleomargarine. 
 
 The introduction of the new article of manufacture known 
 as oleomargarine, as a substitute for the genuine product of 
 the dairy, has justly caused much dissatisfaction on the part 
 of farmers engaged in the production of butter. Chapter 
 415 of the Laws of 1877, and chapter 439 of the Laws of 1880, 
 were enacted for the protection of dairymen, and to prevent 
 deception in the sale of butter. These statutes require that 
 any article in semblance of butter, not the legitimate product 
 of the dairy, and not made exclusively of milk or cream, 
 shall have distinctly marked or stamped on each package the 
 word "Oleomargarine." Complaint is made that these laws 
 are constantly violated, and that large quantities of oleomar- 
 garine are sold by dealers as real butter, without the required 
 brand. Two bills were passed by the last Legislature relating 
 to this subject, but, unfortunately, the provisions of both 
 were in conflict with the Constitution and laws of the United 
 States, and they were, therefore, returned to the house in 
 which they originated without Executive approval. 
 
 It is the undoubted duty of the proper authorities to 
 enforce the laws now existing for the protection of the dairy 
 interests ; and also, in the interest of consumers, to prevent 
 the sale of oleomargarine as butter. If it be found that their 
 provisions are ineffectual, then they should be amended in 
 such manner as to provide stringently against all deception 
 and fi^ud in the sale of an article of such universal use as 
 butter. While the patent laws of the United States must be 
 duly observed, there ought to be no difficulty in enacting a 
 law that will reasonably protect the producer of natural 
 butter, and likewise, the consumer. Oleomargarine is a pro- 
 
24 Public Papers of Goveknoe Coenell. 
 
 duct of manufacture recognized and protected by Federal 
 statute, and its sale under the patented name cannot be inter- 
 fered with by State regulation unless demonstrated to be 
 deleterious to health. But it cannot properly be sold aa 
 butter ; and all such sales should be strictly forbidden and 
 prevented. 
 
 Railroad Transportation. 
 
 The constantly increasing development of railroad facilities 
 enhances the importance of a fair and just regulation of 
 freight traffic. While, to a certain extent, the competition of 
 rival lines relieves many localities of embarrassments formerly 
 suffered, yet the continuous absorption of the carrying trade 
 by railways renders the effect of marked discrimination in 
 rates all the more injurious to those against whom it operates. 
 Experience demonstrates that increased traffic has induced 
 cheaper rates, and but for the effect of unjust discrimination 
 as between individual patrons and communities, there would 
 be, perhaps, no seiious cause for complaint at the present time. 
 
 Much depends in the prudent and successful conduct of 
 many kinds of business, on the uniformity and steadiness of 
 freight charges, and also on their general publicity. These 
 results could easily be secured by legislation that need not be 
 onerous to the railroads. More important still to business 
 interests is the question of discriminating rates ; and the 
 remedy is also, more difficult to devise. It may not, perhaps, 
 be possible to cure the evil by arbitrary legislation ; but it 
 ought not to 'be difficult, for a beginning, to afford some 
 amelioration, leaving future experience to point out and 
 secure complete relief. 
 
 This question was pressed upon the attention of the Legis- 
 lature in both of my former annual messages, and became 
 the subject of much deliberation, without, however, securing 
 definite action. There are cogent reasons why it should com- 
 mand your attentive consideration, and the hope is indulged 
 that you will be en"^^"-^ "-" ^—— " ~ — "- — ,„i,^«v, „v„ii 
 
Public Papers of Goveenob Coknell. 25 
 
 afford the needed relief to patrons, and at the same time not 
 impose unreasonable burdens on the corporations that have 
 contributed so much to develop and enlarge the commercial 
 facilities of the State. 
 
 State Prisons. 
 For the first time in their history the State prisons were 
 self-sustaining during the past year. The earnings of the 
 convicts have sufficed for current expenses, leaving a small 
 balance besides, to the credit of the prisons, in the treasury 
 of the State. The average number of prisoners confined at 
 Auburn, Clinton and Sing Sing in the last four years was as 
 follows : 
 
 1878 3,379 
 
 1879 3,062 
 
 1880 2,970 
 
 1881 2,997 
 
 The following statement shows the amount of the earnings 
 and expenditures on account of the several prisons for the 
 fiscal year which closed September 30, 1881 : 
 
 Sing Sing. 
 
 Earnings $229,254 14 
 
 Expenses 187,127 20 
 
 Surplus $42,126 94 
 
 Auburn. 
 
 Earnings $113,658 63 
 
 Expenses 118,781 85 
 
 Deficiency $«^, 123 22 
 
 Clinton. 
 
 Earnings $61,443 14 
 
 Expenses 97,882 51 
 
 Deficiency 36,439 37 ^ 
 
 41,562 o9 
 
 Actual surplus for the year $564 35 
 
26 Public Papees of Governor Cornell. 
 
 Elmika Reformatory. 
 
 The total number of persons received and treated at the 
 Elmira Reformatory since it has been in operation is 1,238, of 
 Tvhom 753 have been discharged, leaving 485 in custody Sep- 
 tember 30, 1881. The average number of inmates duriag the 
 past year was 493 ; and a maximum of 535 was reached in the 
 meantime. The cost of maintenance over earnings, since 
 the industries were inaugurated, has been as follows : For 
 1879, $21,284.92 ; 1880, $21,681.22 ; and for 1881, $40,860.87. 
 The marked increase for the last year is attributed to reduced 
 production and diminished sales incident to the change from 
 manufacture on public account, to the contract system, pur- 
 suant to the law of 1881. With the present capacity of the 
 Reformatory, which at most can accommodate not more than 
 600 inmates, and the expenditure necessary to its suitable 
 management, it is not expected that the earnings under the 
 contract system will equal the cost of maintenance. The 
 indebtedness of the Reformatory, as stated by the special 
 legislative committee last year, has all been paid, and the 
 institution is reported to be now free from debt. The man- 
 agers report that more than eighty per cent of the inmates, 
 conditionally released, have assumed industrious and reputa- 
 ble habits, and that society has reasonable pledge from them 
 of immunity from further misconduct. 
 
 House of Refuoe for Women. 
 The board of managers of the House of Refuge for Women, 
 appointed pursuant to chapter 187 of the Laws of 1881, have 
 purchased, at an expense of three thousand doUars, thirty 
 acres of land within the corporate limits of the city of Hud- 
 son, as a site for the contemplated institution. The locatioa 
 appears to be in every way eligible for the purpose designed, 
 and the price of the property secured must certainly be con- 
 sidered highly advantageous to the State. The managers are 
 now seeking information with reference to plans for building, 
 
Public Papers of Gtoyeenoe Cornell. 27 
 
 in expectation of proceeding at an early day with the work 
 of construction. One hundred thousand dollars have been 
 appropriated for the complete and practical establishment of 
 this institution. Thus far the managers have made a prudent 
 use of their means ; and if they succeed as well throughout, 
 and keep within the limit of the original appropriation, as 
 was designed, their course will be deservedly commendable, 
 and fortunate to the State. 
 
 Ci^AEITABLE INSTITUTIONS. 
 
 The State Board of Charities furnish information that the 
 various charitable and other institutions coming within their 
 purview, report expenditures for the year ending September 
 30, 1881, as follows : 
 
 State institutions $1,571,641 
 
 County poor-houses 1,170,842 
 
 City alms-houses 1,117,878 
 
 Orphan asylums and other homes 4,035,835 
 
 Hospitals 1,302,158 
 
 Dispensaries 161,946 
 
 Total $9,360,300 
 
 The following is a classification of these expenditures as 
 far as ascertained : 
 
 Salaries and wages $1,143,351 
 
 Provisions and supplies 3,940,793 
 
 Clothing 280,671 
 
 Fuel and lights 317,060 
 
 Medicines and medical supplies 104,587 
 
 Buildings and improvements 984,979 
 
 Furnishing 142,268 
 
 Ordinary repairs 209,042 
 
 Indebtedness, principal and interest 656,693 
 
 Investments <#• 484,432 
 
 Not enumerated 1,096,421 
 
 Total $9,360,297 
 
28 Public Papers of Governoe Cornell. 
 
 The funds for the support of these institutions were de- 
 rived from the following sources : 
 
 State of New York $913,044 
 
 Cities and counties 4,707,314 
 
 Labor of inmates 126,978 
 
 Paying patients 268,669 
 
 Donations 1,152,754 
 
 Income of invested funds - 379,216 
 
 Loans 663,392 
 
 Non-enumerated sources 1,148,933 
 
 Total $9,360,300 
 
 Of State paupers in the various alms-houses there 
 
 were on September 80, 1880 195 
 
 Committed during the' year ending September 
 
 30, 1881 1,373 
 
 1,568 
 
 Discharged upon recovery 492 
 
 Secured employment 10 
 
 Absconded 91 
 
 Transferred to other institutions 13 
 
 Furnished transportation to place of legal settle- 
 ment, or to their homes in other States and 
 
 countries 745 
 
 Died 44 
 
 Under care September 30, 1881 164 
 
 1,568 
 
 Pursuant to chapter 549 of the Laws of 1880, fifty-nine 
 crippled, blind, lunatic and other infirm alien paupers were 
 during the past year, removed to the countries whence they 
 
Public Papers of Governor Cornell. 29 
 
 were sent, at a total expense of $1,514.42, being an average of 
 $26. 67 per capita. These persons had generally been depend- 
 ent on public or private charity at home, and were destitute 
 when landed on our shores. In every instance their shipment 
 to this country was clearly traced to public authorities abroad, 
 or to some society, guardian or friend. Probably not one of 
 them would have become self-supporting, and the annual ex- 
 pense of maintaining them here at the moderate rate of $2.50 
 per week, would have been $7,670, aggregating a total expen- 
 diture of $115,000 for the balance of their lives, estimated at 
 an average of fifteen years. 
 
 The constantly increasing number of insane persons is ex- 
 hibited by the following statement of the number of inmates 
 of the various State and local asylums, poor-houses and pri- 
 vate asylums for the past five years : 
 
 October 1, 1881 10,059 
 
 1880 9,537 
 
 1879 9,015 
 
 1878 8,781 
 
 1877 7,921 
 
 The new asylum for the insane, located at Binghamton, has 
 been brought into use during the past year, and already con- 
 tains a considerable number of patients. 
 
 Complaint is made on behalf of the State Board of Charities, 
 against the managers of the State Asylum for the Insane at 
 Utica, for neglecting to report, as required by law, a detailed 
 and classified statement of expenditures. Compliance with 
 this statutory provision is essential to an intelligent compari- 
 son of the management of the several like institutions, and 
 should be rigorously enforced. It is certainly not creditable 
 to the officers of the Utica asylum that this plain duty has 
 been so long disregarded. 
 
30 rUBLIC jf APEES OF UOVEENOR UOENELL. 
 
 County Jails and Pooe-Hotjses. 
 
 The attention of the Legislature has for two years, been 
 earnestly directed to the disgraceful condition of most of the 
 county jails and poor-houses, without securing, however, *ach 
 legislation as the public interests demand. With few excep- 
 tions these institutions are discreditable to the communities 
 responsible for their maintenance, and sadly injurious to the 
 unfortunate classes committed to them. The commingling of 
 the sexes, and the detention of young offenders in company 
 with older and confirmed criminals, is obviously detrimental, 
 and certain to result in the debasement of those who should be 
 guarded from harmful associations while under the control of 
 public officers. 
 
 True it is that county authorities are directly at fault for 
 the continuance of these evils. But the State is also respon- 
 sible for the well-being of its citizens ; hence all the more 
 should its authority be exercised for the protection of the 
 weak and unfortunate. These abuses have continued for a 
 long series of years ; and unless some legislative action be 
 taken that will insure local reforms, no adequate relief may be 
 expected. .Authority should be lodged with some State 
 agency, by which unfit jails and poor-houses can be con- 
 demned and the counties required to replace them with suit- 
 able structures. 
 
 Crime. 
 
 The frequency and atrocity of murderous assaults is .an 
 alarming feature of our times. Without investigation to 
 prove the fact, there seems to have been, during the past year, 
 a marked increase in the number of bru tal homicides. Scarcely 
 a day passes without the publication of some horrible tragedy, 
 generally perpetrated on weak and defenseless persons. In 
 much the larger proportion of instances these terrible deeds 
 are directly traceable to habits of intemperance. It is lament- 
 
Public Papees of Governor Cornell. 3i 
 
 able in the extreme that such condition sliould exist in a 
 period of unexampled prosperity, when, to all appearances, 
 an unusual degree of comfort and contentment abides with the 
 great mass of oar population. The reasonable certainty of 
 punishment in recent years demonstrated, seemingly fails to 
 arrest the tide of brutality ; and little satisfaction is experi- 
 eilced in contemplating remedial measures for its prevention. 
 The subject is pregnant with grave importance, and should 
 engage the most serious consideration of all thoughtful and 
 law-abiding citizens. 
 
 Pardons. 
 
 The annual statement of pardons, commutations and re- 
 priev^es, which will, in due time, be communicated to the 
 Legislature, will show that the constitutional prerogative has 
 been exercised even more sparingly than during the previous 
 year ; and notably so in comparison with former years. Con- 
 siderable reflection has enforced the belief that the pardoning 
 power was not intrusted to the Executive for the purpose of 
 interfering with or arresting the operations of law, either from 
 motives of favoritism, or of pity. Should such considerations 
 control, it would be difficult to put a bound to clemency ; and 
 the prison doors might constantly stand open. 
 
 The Legislature, in its wisdom, has provided that convicts 
 imprisoned for stated periods shall be entitled to commuta- 
 tion for good behavior. The operation of this humane law 
 has produced marked effect in improving the conduct of 
 prisoners, and raising the standard of discipline in the 
 prisons. Beyond this merciful interposition it has not seemed 
 wise to go, except in correcting what may be clearly shown 
 to be errors of courts in the administration of justice ; or 
 when material evidence is produced on behalf of the prisoner, 
 to the benefit of which he is apparently entitled, but which 
 was not available on trial. Such view is taken on the as- 
 
32 ir'UBLio Fapeks of woveknor uoknell. 
 
 sumption that clemency was placed, in the keeping of the 
 Executive to aid in the administration of full and exact jus- 
 tice, and not to prevent or defeat the just and righteous 
 enforcement of the laws. 
 
 Impeisonment foe Debt. 
 
 Flagrant outrages against personal liberty by imprisonmeat 
 for debt, are of frequent occurrence in the cily of Kew York. 
 Hundreds of persons are annually arrested and lodged in the 
 county jail, and there detained until bail can be secured, 
 which is generally difficult . and often impossible for the 
 unfortunate victims to obtain. Imprisonment for claims in- 
 significant in amount are of no uncommon occurrence, and 
 fifty to seventy-five prisoners are often held in detention 
 under civil process at a time. Instances are by no means 
 rare where individuals have thus been restrained of their 
 liberty for several years before procuring release. 
 
 Imprisonment for debt was formally abolished by the 
 statutes of this State many years ago ; and it has long been 
 the pride of our civilization that no citizen should be deprived 
 of personal freedom except on a penalty for crime or misde- 
 meanor. To the contrary, however, this theory is not made 
 good in practice. The truth is known that citizens are far 
 from secure; and as this condition of things affects more 
 seriously the poor and friendless, all the more necessity exists 
 for the correction of present abuses. Every consideration of 
 humanity demands that these wrongs shall be promptly cor- 
 rected by careful amendment of the laws now in force. 
 
 Indians. 
 The gradual though constant decline in the moral and 
 mental condition of the remnants of Indian tribes yet remain- 
 ing in our State, is a subject of serious concern to intelligent 
 citizens who have observed this unfortunate tendency. With 
 all the opportunities for education and improvement witJiin 
 
Public Papers of Goveknoe Cornell. 33 
 
 the reach, of the young, there is little visible disposition to 
 embrace the advantages extended ; while prostitution and in- 
 temperance are making steady progress. The capacity of the 
 Indian for education and cultivation has often been exempli- 
 fied, and it seems unfortunate that, with all the privileges of 
 our State for the improvement of the rising generation, this 
 race of beings should be allowed to drift along in ignorance 
 and increasing degradation. The continuance of the large 
 reservations of land held in tribal interest, is believed to be 
 detrimental to the material welfare of the Indians, for whose 
 benefit they were set apart ; and it seems desirable that prac- 
 tical investigation be undertaken to determine the feasibility 
 of some change in policy, by severalty or otherwise, which 
 may inure to the ultimate elevation of these wards of the State, 
 
 State Board of Health. 
 
 The operations of the State Board of Health since its organ- 
 ization in the spring of 1880, have fully justified the wisdom 
 of its creation. Influences harmful to health and destructive 
 of life, in various portions of the State, have been either mod- 
 ified or abated. The intolerable nuisances formerly existing 
 at Hunter's Point and vicinity, opposite New York city, have 
 been almost entirely removed, to the comfort and satisfaction 
 of the surrounding communities. Malarial diseases which 
 prostrated hundreds of people along the lines of the abandoned 
 canals, have also been controlled and good health restored. 
 The organization of local boards of health has been greatly 
 stimulated, with most useful* results to the health of neighbor- 
 hoods. In the general work prosecuted, it has been found 
 that the statistics of the death rate in many localities are 
 grossly defective, and it is believed that this can only be 
 remedied by such practical amendments of the health statutes 
 as will make the registration of deaths compulsory, and there- 
 fore, effective. 
 
 3 
 
34 Public Papers op Governor Cornell. 
 
 The State Board has much evidence to show that, while 
 unusual healthfulness has continued throughout the year, 
 jertain contagious diseases, and also some preventable mala- 
 iies not contagious, have caused a considerable number of 
 ieaths in various communities ; and that, in each such in- 
 stance, there was not at hand a competent local board of 
 lealth, until the alarm of the inhabitants compelled action ; 
 thereupon the severity of diseases was speedily checked and 
 )vercome. The inefficiency of the general drainage act ia 
 loted, and the necessity for some change in it is urged to 
 neet new conditions, and remove prevailing diseases from' 
 nany localities. 
 
 Some profitable attention might also be devoted to the sub- 
 ect of sanitary rules in the construction of houses. The 
 leglect to observe a proper system of drainage, ventilation 
 ind plumbing, has caused much sickness and mortality, par- 
 icularly in our large cities. Any building that breeds conta- 
 gious or pestilential disease, whatever its character or use, 
 ihould be regarded a public nuisance ; and any person who 
 tnowingly maintains such place, or omits to remove the evil 
 iefects in structure or otherwise, should be held to a rigid 
 iccountability. Many people have, from necessity, to live in 
 ;enements, or hired houses, and their lives should be as secure 
 IS those who build and occupy their own residences. 
 
 Emigration. 
 
 Owing to the increased demand for labor, the number of 
 mmigrants arriving at the port of New York last year, was 
 argely in excess of the year before. Statistics furnished by 
 he Commissioners of Emigration show that 423,350 immi- 
 grants landed at Castle Garden from January 1 to December 
 .0, 1881, making an increase of 114,804 over the same period 
 he preceding year. It is estimated that the humber will have 
 ncreased to 440,000 by the close of the year, which will be 
 
Public Papers of Governor Cornell. 35 
 
 the largest annual arrival since the organization of the Board 
 of Emigration. 
 
 The number of arrivals during each of the last ten years 
 was : 
 
 1872 294,581 
 
 1873 266,818 
 
 1874 140,041 
 
 1875 84,560 
 
 1876 68,264 
 
 1877 54,536 
 
 1878 75,347 
 
 1879 135,070 
 
 1880 327,371 
 
 1881, say 440,000 
 
 Although the larger proportion of this immense volume of 
 immigration was composed of a superior character of persons, 
 comfortably provided with means to care for themselves, yet 
 a large number of sick and destitute have been sheltered and 
 treated in the State Emigrant Hospitals under the care of the 
 Commissioners, and 611 inmates still remain, including 149 
 insane. 
 
 The Commissioners report that notwithstanding they have 
 exercised the strictest economy in the administration of their 
 trust, the appropriation for the current year wiU prove insuf- 
 ficient for the support of the department, and will be quite 
 exhausted by the first of February. They, therefore, urge 
 the immediate appropriation of $40,000 to provide for the 
 balance of the year. 
 
 Nothing has yet been realized from the steamship (!om- 
 panies, as authorized by chapter 432 of the Laws of 1881, for 
 the payment of expenses in administering the inspection law. 
 This law and the impost imposed for its execution have been 
 the subject of discussion with the steamship companies ; but 
 
36 Public Papers of Goveenoe Coenell. 
 
 arriving at no satisfactory adjiistment, the Commissioners 
 have found it necessary to commence suit to enforce the pro- 
 visions of the statate. 
 
 QUAEANTINE. 
 
 Notvsdthstanding the immense increase of immigration, and 
 a larger number of arrivals from infected ports, the efficiency 
 of the quarantine establishment at the port of New York has 
 completely prevented the introduction of contagious diseases 
 by incoming vessels. During the early months of the year 
 small-pox was unusually prevalent among alien passengers 
 from various European ports, and much apprehension existed 
 lest infected persons might pass quarantine while the disease 
 was still latent, but which might develop among distant inte- 
 rior communities. Conference with the agents of passenger 
 lines resulted in such precautionary measures as averted ap- 
 prehended danger. The freedom of the State from infectious 
 diseases, the expressed satisfaction of ship-owners and mer- 
 chants with the administration of the health officer, and the 
 security felt by the people, are gratifying evidences of the 
 success of quarantine officials in discharging the important 
 and difficult duties devolving upon them. 
 
 Hakboe-Mastees and Poet-Waedens. 
 The attention of the Legislature has heretofore been directed 
 to the fact, that the Supreme Court of the United. States 
 having declared the provision embraced in the statute of this 
 State regulating the duties of harbor-masters, which author- 
 izes them to collect fees in compensation for their services, 
 unconstitutional, these officers are left without legal remunera- 
 tion for services which they are still required by law to render. 
 The magnitude and importance of the commerce of the port of 
 New York require the constant attention of officers authorized 
 to regulate and control the movement of vessels ; and so long 
 as the harbor-masters are continued in the discharge of these 
 
Public Papers of Goveenoe Coenell. 37 
 
 duties by the State, it is essential that they be compensated in 
 conformity with law. Necessity also exists for legislation in 
 regard to the jurisdiction and authority of port-wardens, 
 which have been made somewhat uncertain by the decision of 
 the courts. 
 
 Excise Laws. 
 
 The manifest inadequacy of the laws for the regulation of 
 the liquor traflB.c must be a cause of regret to all good citizens. 
 Licenses are granted to hundreds and thousands of parties pre- 
 tending to be hotel-keepers, whose sole occupation in the way 
 of public entertainment, consists in selling liquor ; while in a 
 still greater number of instances liquor is sold openly and 
 boldly without license. Such common and contemptuous de- 
 fiance of law is a standing reproach to the dignity and peace 
 of the State, and ought, by every consideration of decency 
 and morality, to be rebuked and repressed. 
 
 The evils resulting from the sale of liquor, even within the 
 pale of the law, are bad enough, and always to be deplored ; 
 but the degradation and ruin resulting from the wholesale 
 violation of law and order is lamentable in the extreme. 
 Crimes most wicked and revolting, of almost daily occurrence, 
 are attributable, in nearly every instance, to the bane of in- 
 temperance. All hope of relief from this unfortunate condi- 
 tion of affairs depends on judicious and effective amendments 
 to the present laws. The highest interests of public well-being 
 demand attention to this subject, and without causeless delay. 
 
 Lotteries. 
 Although for sixty years the Constitution has prohibited 
 lotteries and the sale of lottery tickets in this State, and laws 
 have been duly enacted for the purpose of enforcing such pro- 
 hibition, it is notorious that the nefarious traffic still continues 
 to flourish in the larger cities to an alarming extent. Especial 
 efforts have been made during the past two years to impress 
 
38 Public Papees of Gtotebnoe Cornell. 
 
 prosecuting officers with fclie importance of greater vigilance 
 in tlie discharge of their duties respecting this gross infraction 
 of both constitutional and statutory law. Unfortunately, 
 however, these efforts, with but few noteworthy exceptions, 
 have not as yet produced satisfactory results. Penalties for 
 the violation of these enactments should be made more severe, 
 and the duty of various officers of the law made more specific 
 and imperative. With an unrestricted constitutional prohibi- 
 tion for remedial laws to rest on, no effort should be spared to 
 stamp out this defiant and shameful transgression of the 
 authority of the State. The subject is worthy of considera- 
 tion, and will doubtless commend itself to your attention. 
 
 Municipal Affairs. 
 
 The gratifying result of last year' s legislation in relation to 
 the city of Brooklyn, effecting the comjdete overthrow of the 
 political dynasty that has so long ruled the affairs of that im- 
 portant city to its serious detriment, affords encouragement for 
 further efforts to relieve the city of New York of onerous 
 burdens fastened upon her tax payers by past legislation. In 
 1880 an act was passed giving partial relief in this regard, and 
 it should be supplemented still, by a further reduction of 
 extravagant salaries and the abolition of needless offices. It 
 is a notorious fact that the rate of compensation allowed many 
 officials in the city of New York is far above that paid by 
 private employers or business corporations, for like services ; 
 and while it may not be possible to secure the same economy 
 in public expenditures as in ordinary business affairs, it is 
 certainly practicable to approach much nearer a reasonable 
 standard than now exists. Extravagance in the expenditure 
 of public funds is wholly unjustifiable, and responsibility is 
 quite as great for duties neglected as for acts performed. 
 
 Although the subject of water supply for the city of New 
 York may be regarded as a local question, yet the fact that 
 
Public Papers op Governor Cornell. 39 
 
 the metropolitan city contains one-quarter of the population 
 of the entire State, and that the continued prosperity of that 
 city is a matter of deep interest to all citizens, warrants some 
 reference in this connection. 
 
 At tiie last session of the Legislature a bill was passed for 
 the construction of an additional aqueduct from Croton lake 
 to the Dity of New York, which, although strenuously advo- 
 cated by the officers of the Croton water department, was 
 opposed by many citizens protesting against its provisions, 
 and it failed to receive my approval for reasons stated at 
 length in the message accompanying its return. The occur- 
 rence during the past autumn, of a drought of unusual length 
 and severity, causing an actual scarcity in the supply of Cro- 
 ton water for quite a period, and producing consequent un- 
 easiness and alarm to residents of the city, renders it proper 
 that careful and intelligent inquiry be made that shall defi- 
 nitely determine the necessity of larger facilities, and the most 
 feasible method for additional water supply. Affecting, as it 
 does, the comfort and well-being of the entire population of 
 the city, and involving the prospective expenditure of many 
 million dollars, the suggestion is renewed that so important a 
 question should be submitted to a commission of inquiry, to 
 be composed of a number of the most eminent citizens of New 
 York, whose report would command confidence and carry con- 
 Tiction to the community interested, as well as to the Legisla- 
 ture. Prompt action can secure such report in ample time for 
 final disposition of the subject during the present session. 
 
 Should it ultimately be considered wise to undertake the 
 construction of a new aqueduct, the inevitable expenditure 
 of twelve or fifteen million dollars, and possibly more, makes 
 it highly desirable that the enterprise shall be securely placed 
 in such hands as wUl insure its prosecution in a strictly busi- 
 ness-like manner, in order that the utmost economy shall be 
 «bserved compatible with the early completion and permanent 
 
40 Public Papers of Gtoveenoe Cornell. 
 
 character of the work. Every precaution should be taken to 
 prevent a public improvement of such magnitude being placed 
 under a direction which, by any circumstance, is liable to be 
 influenced by political considerations. 
 
 In recent years the city of New York has suffered outrage- 
 ously from profligate administration, or downright robbery, 
 in the construction of public works. With such grievous 
 experience yet fresh in memory, it would be inexcusable to 
 inaugurate a new and necessarily costly enterprise under a 
 management that, by any possibility, could be tempted to 
 wasteful practices in the conduct of its affairs. Nothing 
 short of an absolute divorce from all political manipulation 
 will avoid the danger apprehended. 
 
 International Exposition. 
 
 Although the question was considerably agitated some 
 months ago with reference to the organization of an interna- 
 tional exposition, to be" held in New York in 1883, all discus- 
 sion, if not interest in the subject, has for the time being, 
 been abandoned ; and apparently every effort to accomplish 
 the purpose has ceased. Probably the interval of time is now 
 too limited to make adequate provision for such an enterprise 
 to take place as originally proposed ; but considering the 
 manifest variety of advantages to be derived from a success- 
 ful exposition, which should attract the attention and co- 
 operation of all nations, it seems highly' desirable that 
 consideration of the subject be renewed, for a later date; 
 and that, if possible, it be put in early progress. The expe- 
 rience of Philadelphia, in bringing to her midst, in 1876, 
 representatives of the entire civilized world, thus inducing 
 every country to become patrons of her industries, was such 
 as clearly to prove to all observers the extraordinary benefits 
 that flow from such exhibitions. While, perhaps, in the 
 present tide of prosperity, the merchants and manufacturers 
 
Public Papers op Governor Cornell. 41 
 
 of New York do not feel the need of such stimulus, yet the 
 time may, come in the mutations of business aflEairs, when 
 such benefit to their patronage as would surely inure from an 
 international exposition, will be eagerly welcomed. 
 
 MoKETARY Disturbances. 
 
 The recurrence at frequent, though irregular, intervals of 
 violent disturbances in the money market of the chief finan- 
 cial emporium is a matter of serious public concern. Com- 
 missions of one-sixty-fourth, one-thirty-second and one-six- 
 teenth per cent are often paid for a single day's use of money, 
 in addition to the legal rate of interest ; while, indeed, it has 
 not been uncommon to demand an eighth or even a quarter of 
 one per cent. These extraordinary rates for the use of capital 
 have been more frequent during recent years when the current 
 rates of interest have been extremely low ; and more especially 
 since the reduction of tjie legal rate in this State. Violent 
 and unnatural stringencies in monetary affairs affect not only 
 business interests in the cities, but the farmer and manufac- 
 turer as well, in consequence of the influence on the price of 
 all standard commodities and products. 
 
 The cause of these oft-recurring troubles is generally at- 
 tributed to the influence of the usury laws of this State, which 
 almost alone, among all States and Nations, adheres to the 
 confiscation of principal and interest as the penalty for usuri- 
 ous exactions. When quotations for the use of money in 
 New York run up to a quarter per cent a day — being equiva- 
 lent to ninety-six per cent a year — the ruling rate in Boston is 
 usually seven or eight per cent ; while nine per cent per annum 
 is an extreme rate in that city. Massachusetts long ago 
 repealed her laws imposing severe penalties for usury, and 
 substituted therefore a merely nominal penalty. The differ- 
 ence in the rates of interest that rule respectively in Boston 
 and New York, at periods of severe contraction, is regarded as 
 
42 Public Papers of Gtoveenoe Cornell. 
 
 affording the best argument lor the modification of our stat- 
 ates. The volume of financial transactions in the city t>f New- 
 York, by fully three-quarters in amount from borrowed cap- 
 ital, is conducted on loans payable on demand and secured by 
 collaterals. Even if it were considered unwise to change the 
 usury laws as applied to time loans, there can hardly be doubt 
 of the wisdom of modifying them so far as relates to demand 
 loans. Such amendment would afford marked relief to the 
 great bulk of commercial operations, and would leave un- 
 disturbed the present usefulness of the laws in protecting the 
 interests of ordinary or occasional borrowers depending on 
 accommodations for fixed periods of time. 
 
 State Bound aky Lines. 
 The duty of examining and restoring the monuments mark- 
 ing the boundary lines between thei States of New York, Penn- 
 sylvania and New Jersey, which on the part of this State was 
 delegated to the Regents of the University by the Legislature, 
 has been in process of accomplishment during the past year. 
 After conference with the authorities of the States concerned, 
 satisfactory arrangements have been made for the restoration 
 of the missing monuments. A portion of the work on the 
 Pennsylvania line has already been completed ; and provision 
 has been made for finishing the entire work within the next 
 season. 
 
 The Adirondack Survey. 
 Commendable progress has been made in the survey of the 
 Adirondack region heretofore authorized by the Legislature. 
 An important permanent basis for all leveling work in the 
 northern counties has been made the past season, by the 
 location of a line of geodetic levels, carried northward from 
 Albany through two degrees of latitude, and forming, in 
 connection with the United States surveys, a continuous line 
 of reference levels with monuments from New York harbor 
 
Public Papers of Goveenoe Coenelx. 43 
 
 to the Canadian frontier. Valuable work lias also been 
 »ccomplisked under the direction of the Superintendent of 
 the Adirondack survey in relocating the boundary lines of 
 Essex, Franklin, Hamilton, Herkimer and Lewis counties. 
 Evidences of former surveys were generally extinct, and in 
 one instance every vestige was obliterated for a distance of 
 thirty-five miles. Township lines were also found to be in 
 great confusion, rendering assessments for taxation difficult, 
 and causing much embarrassment in the collection of taxes. 
 Provision should be properly made for the location and per- 
 manent marking of these obscure and missing lines, so as to 
 avoid constantly recurring difficulties, both as to local juris- 
 diction and the ownership of adjacent lands. The reports of 
 the Adirondack survey have been largely sought by the public, 
 and in authorizing future publications it may be well for the 
 Legislature to consider the practicability of having them 
 placed on sale. It is not unlikely that the expense of publi- 
 cation would be partially, if not wholly met, by this means. 
 
 The Noetheen Wildeewess. 
 
 Pertinent to matters relating to the survey above referred 
 to, is a subject suggestive of practical observation in regard to 
 the northern wilderness. The vast tract of country lying in 
 the northern part of the State, familiarly known as the Adi- 
 rondack region, has become one of the most inviting resorts to 
 invalids and tourists. Its high altitudes, pure and bracing 
 atmosphere, perennial streams and mountain lakes, in the 
 shade of primeval forests, constitute the desirable features of 
 a retreat designed by nature for the uses of mankind in pur- 
 suit of health or pleasure. But there are other and grave in- 
 terests belonging to this portion of our territory that appeal 
 with especial force for timely consideration. By far the 
 greater quantity of 'land within the Adirondack wilderness 
 proper belongs to the State. Individual ownership is now 
 
44 Public Papees of Gtovekkoe Cornell. 
 
 confined to a few hundred thousand acres. Heretofore it has 
 been the practice of the State, with questionable policy, to 
 sell its wild lands, at nominal prices, to private parties, who 
 have gone on. in most cases, and cut off the marketable tim- 
 ber where accessible, and then abandoned to the State the 
 clearings, worthless generally tot agricultural purposes; 
 thereby escaping the payment of taxes. Forest fires have 
 followed and raged with destructive fury, denuding the moun- 
 tains and checking the flow of springs and streams that supply 
 the navigable waters to the north, and the Hudson river 
 southward. Furthermore, many of the lakes, the natural 
 reservoirs of the mountain courses, have been damaged by 
 dams and overflow, so that the shores of those lying within 
 the working timber limits present the effects of irreparable 
 injury. It has, therefore, become a question of serious im- 
 port whether the State should any longer part with its title to 
 land in this quarter, now held or that may hereafter revert by 
 the non-payment of taxes. It might be leased, perhaps, with 
 safety, for certain purposes ; but its uses should be carefully 
 restricted. 
 
 The Adirondack region is the natural and principal water- 
 shed of important navigable waters, and, if it be divested of 
 its timber, imminent danger will threaten. The rain-falls will 
 diminish, the springs and streams fail, and unaccountable loss 
 ensue to interests not immediately located in that pjirt of the 
 State. This subject will, indeed, sooner or later, demahd in- 
 quiry, if its importance do not now compel investigiation. 
 
 The Penal Code. 
 
 The bill to establish a Penal Code, adopted by the last 
 Legislature, was received at the Executive Chamber only one 
 da^ prior to final adjournment, and therefore too late for suit- 
 able opportunity to examine its provisions during the remain- 
 der of the session. Careful examination thereafter revealed 
 
Public Papers or Goveenor Cornell. 45 
 
 several features that obviously require amendment ; ancf if 
 observed in time, would have been promptly indicated in 
 order to obtain further consideration during the late session. 
 The date fixed for the Code to take effect on May 1, 1882, 
 is, however, sufficiently remote to enable the Legislature to 
 review the subject before the Act becomes operative. On 
 account of the general merits of the measure, which was 
 cordially approved by the legal profession as furnishing a 
 valuable supplement to the criminal statutes, it appeared wise 
 on the whole when the bill came f roin the Legislature, to com- 
 plete its enactment, and rely on subsequent amendments to 
 remove all objection. Your attention, therefore, is called to 
 the subject, with a view of perfecting the Code in conformity 
 with the best judgment. 
 
 Contested Elections. 
 
 At every session of the Legislature, bills are introduced, 
 and not infrequently passed, providing for the payment of 
 claims made by persons who have succeeded to office after 
 contesting title to the same, in cases where the ousted parties 
 have drawn the salaries during the time they held possession. 
 It is only just that the one elected to an office should enjoy 
 its emoluments ; but the salary ought not to be paid twice 
 over, or to different claimants. Some plan should, therefore, 
 be adopted whereby persons legally chosen shall be protected 
 in their rights. 
 
 A very effective remedy for what has become a growing 
 evil, would be to require in the case of a contested election, 
 whether general or local, that the contestant be allowed to file 
 with the appropriate disbursing officer a protest against pay- 
 ment of salary to the person who has received the certificate 
 of election, and that the filing of such protest shall prevent 
 payment until the incumbent furnish an adequate bond of 
 indemnity, for a refund of the amount paid, in case the con- 
 
46 Public Papers of Governor Cornell. 
 
 test be decided, adversely to tJje party holding. This would 
 involve no unreasonable exaction or hardship to the incum- 
 bent, while it would provide against possible injustice to the 
 contestant. The subject is one worthy of attention, and your 
 intelligent consideration is respectfully directed to it. , 
 
 Bribery at' Elections. 
 
 The true theory of a republican form of government in- 
 volves perfect integrity in the conduct of elections. The 
 most dangerous enemy of free institutions is a corrupt ballot ; 
 and if government by the people ever prove a failure it will 
 be more likely to proceed from this cause than any other. 
 Citizens are justly indignant when frauds are committed, 
 falsifying results, and, in effect, depriving them of the 
 elective franchise. Carefully matured laws have been enacted 
 to guard against these evils, and it is believed that many 
 abuses formerly practiced have been abated. The bribery of 
 voters, however, for which offense both the Constitution and 
 laws provide severe penalties, is yet too common, and should 
 be sternly rebuked. 
 
 In certain localities of the State not an election occurs, 
 without the expenditure of large sums for the purchase of 
 votes, and not unfrequently fabulous amounts are thus ex- 
 pended to control local elections. Worse than this, no pains 
 is taken to conceal these long established crimes from pjiblic 
 view ; and they are often so notorious as to become the sub- 
 ject of neighborhood scandal. Prosecuting officers are sadly 
 derelict in failing to invoke the majesty of the law so wan- 
 tonly and flagrantly defied under their very eyes ; for none 
 can be so blind as not to see, or procure the evidence of these 
 occurrences. 
 
 Unless some power intervene to put a stop to this monstrous 
 abuse, it will inevitably grow until elections controlled by 
 such interests as command the largest means, will become a 
 
PtTBLic Papers of Governor Cornell. 47 
 
 mere farce. If such condition is reached, respect for law will 
 be turned to contempt, an^ the liberties of the people endan- 
 gered. Impressed with the vital necessity of checking this 
 growing vice, you are urged to consider aid adopt whatever 
 measures may promise relief, and especially "Tip promote vigor 
 and efficiency among officials upon whom the responsibility 
 of prosecution rests. 
 
 Congressional Representation. 
 Pursuant to the Constitution of the United States, a reap- 
 portionment of congressional district representation to con- 
 form to the census of 1880, will become necessary during your 
 present session, provided Congress shall have completed its 
 ■duty in determining the basis of representation for the several 
 States. Unless the membership of the House of Representa- 
 tives as now composed, be considerably enlarged, our State 
 will, of necessity, lose somewhat in the number of its repre- 
 sentatives, in consequence of the relative increase in the 
 population of other States, as established , by the census ; 
 hence reorganization of congressional districts will become an 
 absolute requirement whenever Congress shall have fixed the 
 ratio of representation. 
 
 Arms of the State. 
 The doubt and uncertainty as to what is the correct device 
 of the Arms of the State, although not affecting our material 
 welfare, certainly reflect upon the boasted cultivation and 
 pride of our people. A commission designated by the Senate 
 last year carefully investigated the subject and submitted a 
 •report to the Legislature, affording full information as to the 
 confusion surrounding this question ; and making a proper 
 solution in a specific definition of a device, with provision 
 recommended for an authentic exemplification thereof, to be 
 adopted and alone used for aU official documents, and letter 
 headings, as well as for every purpose for which it may, with 
 
48 Public Papers of Goveenoe Coenell. 
 
 propriety, be employed ; thus making it familiar to all. The 
 fact that nearly one hundred different devices are extant, and 
 that not a single person within the State is able to prove what 
 is the true and legal design, is quite sufficient to demonstrate 
 the desirability of some authoritative disposition of the 
 matter. 
 
 Constitutional Amendments. 
 
 Propositions for amending the Constitution in several re- 
 spects were adopted by the last Legislature, and will, there- 
 fore, come before you this session. Those with reference to 
 the canals are especially timely in view of possible develop- 
 ments in the near future, affecting this important interest. 
 The proposed amendment for further restricting the authority 
 of counties, towns, cities and villages to contract local indebt- 
 edness, must, in view of past experience, commend itself to 
 the approval of the people. As to the increase in the number 
 of Justices of the Supreme Court, there maybe some ques- 
 tion about its necessity in the Fourth and Sixth Districts ; 
 and also, the addition of more than one Justice in the Seventh 
 and Eighth Districts, respectively. 
 
 However, as the question of amendments to the organic 
 law is within the province of the Legislature, and the electors 
 of the State, when not remitted, so far as the Legislature is 
 concerned, to a duly constituted convention, the subjects 
 detailed, rest with such authority, and must thereby be 
 determined. 
 
 Biennial Legislative Sessions. 
 The experience of two years in the discharge of executive • 
 duties has impressed me with the belief that the interests of 
 the people would be promoted by the adoption of the plan for 
 biennial sessions of the Legislature. Provision for the sup- 
 port of all departments of the State government can be made 
 two years in advance, quite as well as for a single year ; and 
 
Public Papers op Governor Cornell. 49 
 
 under the present constitutional authority with reference to 
 extraordinary sessions of the Legislature, during which no 
 subject can be considered not embraced in the recommend- 
 ations of the Governor, no embarrassment need arise about 
 calling such extra meetings whenever necessity demands. 
 
 This policy would undoubtedly contribute to greater sta- 
 bility and efficiency in regard to laws ; and would check in 
 large degree the tendency to local and special legislation now 
 encouraged. The attention of the Legislature would more 
 likely be devoted to the consideration of general measures 
 designed to conserve the public good, thus elevating the law- 
 making power in the estimation of the people, and inducing 
 greater respect for statutory enactments. The last revision of 
 the Constitution provides for general legislation on many 
 subjects ; and there can be no doubt that more beneficial 
 results in this respect would accrue if the sessions were less 
 frequent. Several States have in recent years, changed from 
 annual to biennial meetings, with especial advantage and 
 satisfaction to the people. 
 
 To accomplish the object proposed, amendments to the Con- 
 stitution will be required, both as to the legislative sessions 
 and the term of service of the members. The Assembly 
 should be chosen for two years ; and if thought advisable the 
 term of Senators might with advantage, be also lengthened. 
 The adoption of such amendments as would meet the favor of 
 one Legislature, would doubtless elicit discussion and consid- 
 eration by the people that would furnish an intelligible guide 
 to a succeeding Legislature in its action on the final delibera- 
 tion to which the proposition would necessarily be subjected. 
 
 Conclusion. 
 Having thus, in obedience to the Constitution, commu- 
 nicated to you the condition of the State, permit me, in con- 
 clusion, to express my sincere desire cordially to co-operate 
 4 
 
^0 Public Papers of Governoe Coknell. 
 
 W7 ',, ^ <)u, in all harmony, for the perfection of every measure 
 ■si;,'i!= 1 to advance public interests, and correct existing 
 .. lOngs. The responsibilities which you have assumed cannot 
 be over-estimated. The oath you have taken will not rest 
 lightly, with duties neglected, or trusts abused. Statutes 
 affecting the government of the greatest of States in the Union 
 cannot be too carefully considered. Constant, unselfish and 
 patriotic devotion to the duties awaiting you is essential to 
 the honorable discharge of the obligations involved. May the 
 Ruler of Nations inspire you with wisdom adequate to the 
 performance of your trust, and acceptably to the great con- 
 stituency which you represent ; that your work may redound 
 to His glory, and to the honor and welfare of the people of 
 this majestic Commonwealth. 
 
 ALOJSrZO B. CORNELL. 
 
 Oeder Dieecting the Abatement op the Nuisance 
 
 CAUSED BT THE JONES BeEWEET, OTHEEWISE THE NeW 
 ROCHELLE BeEWEET, IN WeSTCHESTER CoUNTY. 
 
 STATE OF NEW YORK, ) 
 Executive Chambee. ) 
 
 To the owners, lessees, agents or managers of the Jones 
 Brewery, otherwise the New Roohelle Brewery, situate in, 
 or near the milage of New Rochelle, Westchester county; 
 and others whom it may concern : 
 
 Whereas, Complaint having been made to me of the exist- 
 ence of a certain nuisance, dangerous to life and detrimental 
 to health, in the village of New Rochelle, Westchester county, 
 caused by neglect, and the bad management, as alleged, of 
 the outflowing drainage and washings from the Jones Brewery, 
 otherwise the New Rochelle Brewery, in said village ; which 
 said complaint having been by me referred to the State Board 
 of Health for examination, pursuant to law ; and 
 
Public Papers op Governor Cornell. 51 
 
 Whereas, The State Board of Health having found and 
 ■certified that the matters and things as complained, do exist, 
 and having declared the same to be a public nuisance wholly- 
 caused by the said brewery, its owners and managers ; 
 
 JVow, therefore, Take notice that it is hereby ordered, in 
 accordance with authority in me vested by law, that the said 
 nuisance as described, and caused by or consisting of the out- 
 flowing matter from said brewery, the stables, and other 
 appurtenances therewith connected, shall cease, and be abated 
 by you, the said owners, lessees, agents or managers of said 
 brewery, so that it shall not in any manner pollute the atmos- 
 phere, or otherwise ijijuriously affect the health of the in- 
 habitants of the village of New Rochelle and vicinity ; and 
 in whatever manner and to whatever place the said waste or 
 outflowing from said brewery and stables therewith connected, 
 or other appurtenances thereto, shall be conducted, it shall be 
 so done as not to be dangerous to the public health in, near 
 or about the village of New Rochelle, or elsewhere ; and that 
 such discharge of matters, substances or things before men- 
 tioned from the said brewery, or other premises, shall not be 
 directed into the stream known and described as Burling 
 brook, at any point above, in, of below the village of New 
 Rochelle, to its outlet, to the detriment of the health of in- 
 habitants in that place or vicinity belonging. All of which 
 that may be necessary to be done to abate, and wholly pre- 
 vent thereafter, such nuisance as complained, to be done on 
 or before the first day of April, 1882, 
 
 Done at the Capitol, in the city of Albany, this seventh 
 day of January in the year of our Lord one 
 
 [l. S.J thousand eight hundred and eighty two. 
 
 ALONZO B. CORNELL. 
 By the Grovernor : 
 
 Henrt E. Abell, 
 
 Private Secretary. 
 
52 Public Papers or Goveenoe Coenell. 
 
 Special Message, calling attention to the Raileo,, . 
 
 DiSASTEE AT SpUTTEN DuYVIL AND THE EeSPONSIBIU v 
 
 OF Railway Officials. 
 
 STATE OF NEW YORK: 
 
 Executive Chambee, 
 Albany, January 18, 1882 > 
 
 To the Legislature : 
 
 The occurrence of another railway accident, by wMcli ike 
 lives of eight persons were sacrificed, and many other j.as- 
 sengers more or less injured, recalls the importance of mor-? 
 effeclual safeguards against these oft-recurring calaicitic- 
 By this deplorable event the Senate is called to riKii> i 
 the loss of its senior member ; a man who was, in every ^ - 
 tion of life, most highly esteemed; whose successful bii*' s 
 career had made his name familiar throughout the coa.i ; 
 and whose sad death is universally lamented. The tra^ii, ^^te 
 of your late associate, and the fact that the lives of many mem- 
 bers of both branches of the Legislature were imperiled in that 
 frightful casualty, are calculated to impress on your minds, 
 with peculiar force, the vital and urgent need of prompt con- 
 sideration of the subject of- railroad disasters, and the means 
 to prevent them. 
 
 That an accident that could have been so easily prevented, 
 and which was, therefore, absolutely inexcusable, could occur 
 on the line of the chief railway of this State, and within the 
 corporate limits of the great metropolis, demonstrates most 
 painfully the importance of some careful statutory provision 
 with adequate penalties, to enforce obedience and responsi- 
 bility in all necessary precautions for the conduct of railways. 
 When we consider that the safety of 150,000 passengers, who 
 daily patronize the several railroads within this State, depends 
 on the prudent and vigilant management of these great high- 
 ways of travel, we may in some degree appreciate the magni- 
 tude of the question under consideration. 
 
Public Papers of Governor Cornell. 53 
 
 The managers of the road had, with commendable prudence, 
 adopted a rule for the government of their employes, in similar 
 cases, which they deemed adequate for protection. Unfortu- 
 nately, however, its execution devolved in this emergency, on 
 the action of one human being. Whether the failure in this 
 instance was due to culpable negligence, or to the mistaken 
 judgment of the signal man, it is quite unnecessary here to 
 consider. Absolute safety demands that a duty of such su- 
 preme importance to so many persons, should have for its 
 execution the concurrence of at least two different persons. 
 Aside from the question of watchful and diligent endeavor to 
 perform the duty, it is easy to see how a single person might 
 be accidentally disabled, and thus prevented from arresting 
 the progress of an approaching train. 
 
 Certain rules with reference to the running of railway trains 
 are indispensable to the safety of passengers, and faithful 
 performance under such rules is quite as vital to the welfare 
 of the community as the due observance of the laws of the 
 State in other matters. It seems obvious, therefore, that such 
 general regulations as are applicable to the safe and prudent 
 direction of railroads should be enacted into statutes, with 
 suitable provision of penalties both as against the companies 
 and the individual officer or employe on whom the obligation 
 of duty rests. Neglect or violation of these prudential 
 methods is frequently, and notably in the recent instance, a 
 crime meriting severe punishment, which existing statutes do 
 not sufficiently provide. Whatever will tend to stimulate the 
 vigilance and enforce the responsibility of railw^ay officials ; 
 and furthermore, to increase the efficiency and watchfulness 
 of individual employes, will just so far promote the comfort 
 and safety of the multitudes of people who travel by rail. 
 
 The present means of heating and Ughting railway- cars is 
 also a standing menace to the lives of passengers, while little, 
 if any, care is taken to guard against the ravages of fire, so 
 
54 Public Papers ok Goveknoe Cornell. 
 
 frequently occiirring, and thus adding to the horrors incident 
 to collisions and other violent accidents. Hundreds of per- 
 sons stood helpless by the burning train at Spuyten Duyvil j 
 but would gladly have rendered assistance if provided with 
 proper weapons to combat the flames. Without such requi- 
 sites they were powerless to rescue the imprisoned passengers, 
 or prevent the disfigurement by fire of those already dead. 
 Trains should be required by law to be supplied with aU 
 available appliances for breaking into wrecked cars, and for 
 the extinguishment of fire. 
 
 ALONZO B. CORNELL. 
 
 Special Message transmitting the Report op the Com- 
 missionerrs appointed to receive the national 
 Guests on the Occasion of the Yorktown Centen- 
 nial Celebration. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, 
 Albany, January 19, 18^2. 
 
 To the Legislature : 
 
 Herewith is transmitted for your information the report of 
 the Commissioners for the reception of the National guests, 
 designated pursuant to Senate resolutions adopted June 21, 
 1881, in words following : 
 
 "STATE OF NEW YORK: 
 
 ' ' In Senate, 
 "Albany, June 21, 1881. 
 
 " Whereas, The State of New York, during its long occu- 
 pation of its chief city, was, for a long period, notably in 
 the summer of 1781 and the fall of 1782, protected and suc- 
 cored by the troops which France, the ally of the United 
 States, sent to their assistance ; and 
 
 " Whereas, After the victory of the allied forces at York- 
 town, the city of New York remained, for a period of more 
 
PxjBLio Papers of Governor Cornell. 55 
 
 than iwo years in the occupation of the British troops, and 
 in the disorganized condition of the State no opportunity 
 was permitted to it to express its recognition of the services 
 rendered by the French in protecting its soil and obtaining 
 its deliverance ; and 
 
 ''Whereas, In response to an invitation of the Congress 
 of the United States, the French government has signified its 
 intention of sending a delegation to represent it at the laying 
 of the corner-stone of the monument to the alliance on the 
 ground of the victory ; therefore, 
 
 ''Hesolved, That his Excellency the Governor be and 
 hereby is directed and authorized to extend the courtesies of 
 the State of New York in such manner as he may deem wise 
 and proper, to the delegation of the French government, the 
 family of Lafayette, and the descendants of the Marquis de 
 Rochambeau, the Count de Grasse, and of such other general 
 officers of the French army and fleet who served in the York- 
 town campaign, as may visit the United States during the 
 present summer, and it is further 
 
 " Hesolved, That his Excellency the Governor be and 
 hereby is empowered to call to his aid such of the citizens of 
 the State as he may select, to assist in the reception and 
 entertainment of these honored guests, and he is hereby 
 authorized to draw his warrant on the Treasurer of the State 
 for such moneys as may be required for the purposes of this 
 resolution. 
 
 ' ' By order : 
 
 "JOHN W. VROOMAN, 
 "C/erA:." 
 
 Although the resolutions in terms authorized the Governor 
 "to draw his warrant on the Treasurer of the State for such 
 moneys as may be required for the purposes of this resolu- 
 tion," no appropriation having been made for the purpose 
 specified, there was no money available to defray expenses, 
 and it did not appear proper to me, in view of that fact, to 
 authorize any expenditure on behalf of the State. Accord- 
 ingly, therefore, fifteen citizens, residing in New York city 
 and vicinity, were designated and requested to serve as a. 
 
66 Pttblic Papers of Gtoveenoe Coenell. 
 
 commission of reception. They were at tte same time expressly 
 notified that no liability against the State conld be authorized. 
 The commission thus appointed consisted of the gentlemen 
 named, as follows : 
 
 John A. King, 
 
 Feedebiok W. Sewaed, 
 
 Hamilton Pish, Je., 
 
 William W. Astoe, 
 
 COENELIUS YaNDEEBILT, 
 
 RoBEET Rat Hamilton, 
 
 William Jay, 
 
 Lloyd Aspinwall^ 
 
 Horace Russell, 
 
 Alfred C. Barnes, 
 
 James M. Varnum, 
 
 Francis C. Barlow, 
 
 John Austin Stevens, 
 
 William Rhinelandee Stewart, 
 
 Robert E. Livingston. 
 
 The commissioners cordially and promptly accepted the 
 duty intrusted to them and devoted themselves assiduously 
 to its discharge, which was accomplished in a manner alike 
 honorable to the State in whose name they acted, and credit- 
 able to themselves as citizens. Indeed, it is becoming to say 
 that their action was in the highest degree worthy of the 
 great State whose hospitalities they were directed to extend 
 to the distingished guests ; and it is my especial desire to bear 
 testimony to their service, so zealously and efficiently ren- 
 dered in true public spirit. Besides much time devoted by 
 the commissioners, they personally contributed several thou- 
 sand dollars for the payment of hotel bills, carriage hire and 
 other expenses, so that neither for maintenance nor travel 
 were the National guests allowed to expend a single dollar 
 within the borders of our State. 
 
Public Papers of G-oveen-or Cormell. 57 
 
 Certainly, it was not contemplated by me in naming the 
 oommissioners, that they should assume the burden of such 
 outlay, but as they conceived it to be proper to take it upon 
 themselves in order to carry out the spirit of the resolutions, 
 it vrould seem but just that the State should promptly reim- 
 burse them. It is, however, due to them to apprise you that 
 several of the commissioners stated to me that the expenses 
 were incurred without expectation of return, and that they did 
 not desire it. Moreover, two of them at least, have requested 
 that no recommendation looking to their reimbursement 
 should be made. It would, nevertheless, be manifestly im- 
 proper to allow private citizens to defray the expense of 
 entertaining on behalf of the State, guests coming from abroad 
 in the capacity of national representatives on the invitation of 
 the general government, to be present at the centennial cele- 
 bration of the triumph of the allied forces at Yorktown. 
 
 It is, therefore, recommended that suitable appropriation be 
 made to enable the Comptroller to reimburse the commission- 
 ers for such expenditures as have been properly made by them. 
 
 Yorktown Centennial. 
 
 It seems appropriate in connection with the foregoing sub- 
 ject, to make brief reference to the representation of the State 
 at the celebration of the centennial anniversary of the surren- 
 der of the British forces at Yorktown, last October. Congress 
 appropriated $100,000 for the erection of an imposing monu- 
 ment on the historical ground where the surrender occurred, 
 and provided for a becoming observance of the centennial 
 celebration, to include the laying of the corner-stone of the 
 projected monument. The general arrangements were in- 
 trusted to a committee composed of Senators and Represent- 
 atives in Congress. Invitations were extended to the French 
 government and to the several States, requesting formal repre- 
 sentation on the occasion, and also, to the descendants of the 
 
58 Public Papers of Gtoveenoe Cornell. 
 
 principal officers of the allied armies. France formally ac- 
 cepted the invitation and sent a deputation of nearly forty' 
 persons, about one-half of whom were lineal descendants of 
 Lafayette, De Rochambeau, De Grasse, and other illustrious, 
 officers who participated in our Revolutionary struggle. 
 
 The celebration began on the 18th of October, lasting three 
 days, and was a successful demonstration. Among those 
 present were the President and Cabinet, prominent officers of 
 the Army and Navy, many of the Senators and Represent- 
 atives in Congress, besides a considerable detachment of 
 regular troops, and a naval force with ships of war. Nearly 
 all the States took some part in the celebration. More than 
 twenty were represented by their chief Executives, and quite 
 til at number were represented by regiments or companies of 
 State troops. The State of New York participated by the 
 presence of the Governor and staff, the Thirteenth regiment, 
 accompanied by Dodsworth's band, a portion of the Sixty- 
 fifth and Seventy-fourth regiments, and the Ninth separate 
 company ; as well also, by a large number of prominent citi- 
 zens. The New York troopg presented an excellent appear- 
 ance, and did great credit to the State by their admirable 
 behavior. 
 
 The event was in every way commendable to the country ; 
 and the cordial commingling of citizens and soldiers from 
 different sections of the Union, on that memorable spot and 
 at the particular time chosen, should exert a salutary influence 
 throughout our whole domain. The revival of the patriotic 
 memories of the Revolutionary period inspired those present 
 with renewed devotion to the Union ; and will, let us hope, 
 promote a new spirit of loyalty for the future. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Governor Cornet.l. 59 
 
 Special Message Recommending that the Portrait op 
 President Lincoln be Placed over the Entrance to 
 thb! Senate Chamber. 
 
 STATE OF NEW YORK: 
 s Executive Chamber, ) 
 
 Albany, January 20, 1882. ) 
 To the Legislature : 
 
 In 1873, the Legislature, by concurrent resolution, author- 
 ized the Lieutenant-Governor and Speaker of the Assembly to 
 contract for the painting of a whole-length portrait of Abra- 
 ham Lincoln, to be placed in the Governor's room of the 
 Capitol. Pursuant to such authority, an excellent portrait 
 of the martyr President was executed and paid for under a 
 special appropriation. The picture came into the possession 
 of the State several years ago, and was placed in the State 
 Library for safe keeping to await the completion of the apart- 
 ment in the New Capitol for which it was designed. Soon 
 after the formal occupation of £he new Executive Chamber 
 directions were given for placing the portrait therein ; but the 
 available space was found insufficient, the figure being of 
 heroic size, and requiring a more elevated position than can 
 be secured in the Chamber, in order to afford a proper and 
 imposing view. On that account, therefore, a suitable display 
 of the painting cannot well be had in the Governor's room, 
 and it seems desirable that some other disposition of the 
 picture should be made than was originally designed. With 
 tills view, an examination of the several apartments of the 
 Capitol, in company with the building Superintendent, leads 
 me to recommend that the portrait be placed in the Senate 
 Chamber over the main entrance. Thus hung, it will present 
 a tine appearance and add to the attractiveness of the 
 Chamber. In consequence of the former legislative action 
 designating the repository of the picture, it is desirable that 
 the change of location be authorized by joint resolution of the 
 
 two Houses. 
 
 ALONZO B. CORNELL. 
 
60 PuBLEO Papers of Governor Cornell. 
 
 Proclamation calling a Special Election for Senator 
 IN THE Eighteenth Senate District. 
 
 STATE OF NEW YORK, ) 
 Executive Chamber. ) 
 
 Whereas, a vacancy exists in the office of Senator for the 
 Eighteenth Senate district of the State of New York, in con- 
 sequence of the death of Webster Wagner ; 
 
 Now, therefore, by virtue of the authority vested in me, a 
 special election is hereby ordered to be held in and for the 
 said Eighteenth Senate district, comprising the counties of 
 Saratoga, Fulton, Hamilton, Montgomery and Schenectady, 
 on Tuesday, the twenty-eighth day of February next, for the 
 purpose of choosing a Senator in the place of the said 
 Webster Wagner, deceased, whose term of office began on 
 the first day of January, 1882, and will expire on the thirty- 
 first day of December, 1883. 
 
 Given under my hand and the Privy Seal of the State, at 
 the Capitol, in the city of Albany, this twenty- 
 [l. S.J fifth day of January, in the year of our Lord 
 one thousand eight hundred and eighty-t\yo. 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Henry E. Abell, 
 
 Private Secretary. 
 
 Proclamation of Reward for the Murderer of Simon 
 A. Vandercook. 
 
 STATE OF NEW YORK, ) 
 Executive Chamber. ) 
 
 Whereas, on the 10th day of January instant, in the town 
 of Austerlitz, county of Columbia, in this State, Simon A. 
 Vandercook, a resident of the State of Massachusetts, was 
 murdered, as alleged, in an atrocious manner, by some person 
 or peraons not yet apprehended ; 
 
Public Papers of Governor Cornell. 61 
 
 Mow, therefore, a reward of five hundred dollars is hereby 
 offered, to be paid to any person who shall cause the arrest 
 and conviction in this State of the party or parties who com- 
 mitted the murder of the said Simon A. Vandercook. 
 
 Given under my hand and the Privy Seal of the State, at 
 the Capitol, in the city of Albany, this twenty- 
 [l. s.] sixth day of January, in the year of our Lord 
 one thousand eight hundred and eighty-two. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Henry E. Abet.l, 
 
 Private Secretary. 
 
 Proclamation Declaring the Town of Greenwood, 
 Steuben County, to be in a state of Insurrection. 
 
 STATE OF NEW YORK, 
 Executive Chamber 
 
 .1 
 
 Whereas, it is complained to my satisfaction, that the 
 execution of civil process of law has been forcibly resisted or 
 prevented by bodies of men unlawfully assembled, and that 
 combinations exist to resist by threats, force or violence, in 
 the county of Steuben in this State, and in the town of Green- 
 wood, in said county, the execution of process issued and 
 taken in the ordinary and lawful manner and form for the 
 enforcement of the laws relating to the collection of taxes; 
 and it having been made known to me that the power of the 
 county has been exerted, but has not been sufficient to enable 
 the officers of the law having process, to execute it in the said 
 town of Greenwood ; 
 
 Now, therefore, by virtue of the authority in me vested, 
 proclamation is hereby made declaring the said town of Green- 
 wood, county of Steuben, as to the matters and things specified 
 and complained, to be in a state of insurrection, and warning 
 all persons now and hereafter to desist from any attempt to 
 
62 Public Papers of Governor Cornell. 
 
 commit any violation of the public peace, or threat to do th 
 same, or any attempt or threat to resist or prevent any office: 
 of the law from executing any process he has been commandec 
 legally to enforce in the said town of Greenwood, county o: 
 Steuben ; and all pei'sons not lawfully or peacefully assemblec 
 in said town of Greenwood, or not met for lawful or peacefu! 
 purposes, are hereby commanded to disperse and depart tc 
 their respective places of abode ; and all officers of the law 
 especially directed or commanded to enforce any legal process, 
 or perform any other official duty in connection with the en- 
 forcement of the law for the collection of taxes, and for the 
 preservation of the public peace, are hereby ordered and com- 
 manded to do the same and to give no help, aid or recognitior 
 to any person or persons attempting, combining or conspiring 
 to resist or defeat due process of law. 
 
 Given under my hand and the Privy Seal of the State, at 
 
 the Capitol, in the city of Albany, this eleventh 
 [l. 8.] day of February, in the year of our Lord one 
 
 thousand eight hundred and eighty-two. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Henry E. Abell, 
 
 Private Secretary. 
 
 Veto, Senate Bill, Introductory Number 140, Incor- 
 porating THE Sing Sing Branch of the American 
 Society for the Prevention of Cruelty to Animals. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 
 Albany, March 6, 1882, i 
 To the Senate : 
 
 Senate bill, introductory number 140, entitled "An act to 
 
 incorporate the Sing Sing branch of the American Society foi 
 
 the Prevention of Cruelty to Animals," is herewith returned 
 
 without approval. 
 
Public Papers of Governor Cornell. 63 
 
 Provision has heretofore been made by law for the incor- 
 poration of a society with general and ample powers, for the 
 prevention of cruelty to animals in this State, which has been 
 in active and successful operation for many years. Under 
 the authority of its charter, this society has organized a con- 
 siderable number of branch or auxiliary associations at dif- 
 ferent points in the State, including the one at Sing Sing. 
 This bill proposes to create a special incorporation composed 
 of the members of the parent society, residing at Sing Sing, 
 with exclusive authority for self-perpetuation, and to invest 
 it with certain very extraordinary powers. 
 
 The Constitution provides that "corporations may be 
 formed under general laws, but shall not be created by special 
 act, except for municipal purposes, and in cases where in the 
 judgment of the Legislature the object of the corporation 
 cannot be attained under general laws." If the bill under 
 consideration does not literally come within this restrictive 
 clause, it is certainly repugnant to the spirit of the Constitu- 
 tion, and in a case of urgent necessity only could any depart- 
 ure from it be possibly, if at all, justified. Should it be 
 •deemed wise to authorize independent incorporations of the 
 branches of the general society, or of isolated local societies 
 lor similar objects, it should be done by general law, and thus 
 accord both in letter and spirit with the organic law as quoted. 
 
 By the terms of the accompanying bill the proposed cor- 
 poration is to consist of twelve persons named in the bill, and 
 when vacancies happen, by death or resignation, they are to 
 be filled by those remaining. Unlike other associations of 
 various kinds there is a singular omission in the bill of any 
 mode for the admission of additional members, which, though 
 possibly not intended, would give the society an exclusive 
 privilege of membership. It is respectfully submitted that 
 associations vested with corporate powers should not be 
 organized on such a narrow basis as the one proposed. 
 
64 Public Papers of Goveenoe Coenell. 
 
 The eighth section of the bill provides that all fines im- 
 posed and collected by any magistrate for the violations of 
 the statutes for the prevention of cruelty to animals within 
 the town of Ossining shall be paid over, after deducting the 
 proper costs of the proceeding, to the treasurer of the society 
 for its use. If any portion of fines is to be appro) ri ited to 
 such society the law should declare definitely wl:at it shall 
 be, in order to secure the necessary and proper a: e )untability 
 of the ofiicials whose duty it is to collect and noeount for the 
 fines imposed. 
 
 One of the most objectionable features of the bill, however, 
 is contained in the ninth section, which proposes to confer on 
 any agent duly appointed by the executive committee of the 
 the society, the powers of a town constable to make arrests 
 for violations of the statutes referred to. This provision can- 
 not be otherwise considered than in direct confiict with the 
 second section of article ten of the Constitution, which defines 
 the mode of appointment of all local officers. It certainly is 
 not competent for the Legislature to endow a corporation with 
 authority to appoint public officers of the character contem- 
 plated, however insignificant the functions they may be 
 
 authorized to exercise. 
 
 ALONZO B. CORNELL. 
 
 Lettee to Hon. Isaac V. Bakee, Je., Supeeintendent 
 OF State Prisons. 
 
 STATE OF NEW YORK: 
 
 Executive Chambee, ) 
 Albany, March 11, 1882. I 
 
 Deae Sie : Now that the Senate has confirmed your nomi- 
 nation as Superintendent of Prisons, and you are about to ' 
 enter upon the important duties of that office, a suitable 
 occasion is presented to emphasize, in formal manner, the 
 suggestions verbally made by me prior to the appointment. 
 
Public Papeks of Governor Cornell. 65 
 
 That you may be thoroughly impressed with a due sense of 
 the public interests involved, is a sufficient reason for this 
 expression of ray views with reference to the subject con- 
 sidered. 
 
 In the adoption of the constitutional amendment changing 
 the system of prison management, and creating the office of 
 superintendent, the people were evidently impelled by the 
 desire to divorce the prisons from political influences or inter- 
 ference. In like spirit the Legislature especially provided 
 in the law carrying that amendment into effect, that "no ap- 
 pointment shall be made in any of the prisons of this State on 
 grounds of political partisanship ; but honesty, capacity and 
 adaptation shall constitute the rule for appointments, and any 
 violation of this rule shall be sufficient cause for removal 
 from office of the superintendent." Nothing can be plainer 
 than that the superintendent is thus admonished carefully to 
 avoid all political considerations in the conduct of prison 
 affairs, and it is my settled purpose to see that such course be 
 faithfully and honestly pursued, both in the letter and spirit 
 of the law. From this time forth the prisons will be expected 
 to be managed on a strictly business basis, regarding solely 
 economical maintenance, thorough discipline, regular and 
 orderly direction of prison industries, and the safe-keeping, 
 health and general well-being of the convicts. 
 
 The Constitution provides that the superintendent shall 
 appoint the wardens, physicians and chaplains ; and that the 
 wardens shall appoint the subordinate officers, subject to the 
 approval of the superintendent. Inasmuch as no specified 
 term of service is prescribed, and it being obvious that expe- 
 rience promotes the efficiency of competent officers, it must be 
 supposed that these officials are to hold during good and 
 acceptable service. You will make no inquiry as to the 
 political faith of any subordinate, but will simply satisfy 
 yourself whether he be competent, honest and attentive to 
 
 5 
 
66 Public Papees of Govebnob Coenell. 
 
 duty, and thus suitably adapted to render useful and satis- 
 factory service to the State. In which case, if so found, h© 
 must be continued, at his option, in employment. If, how- 
 ever, any be found incompetent, intemperate, or neglectful of 
 duty, it will be incumbent; on the proper authority to remove 
 them, regardless of political, personal or any other consider- 
 ation. Except for good and sufficient cause, satisfactorily 
 proved, the arbitrary removal of prison officials should and 
 must henceforward cease. Under no circumstances will, the 
 manipulation of prison appointments be permitted or excused 
 on any other grounds than those stated. 
 
 With this understanding the position of superintendent 
 was tendered to you ; and the pledge given that it would be 
 faithfully observed, will be held to invariable compliance. 
 Under such conditions you noM^ enter upon the discharge of 
 official duties, the performance of which will be required, with 
 rightful accountability, in the manner and spirit indicated. 
 What was ordained by the people as a necessary reform in 
 prison management, so long hitherto a scandal and disgrace to 
 the State, must be well and zealously prosecuted in the future 
 conduct of the institutions under your charge. 
 Yours respectfully, 
 
 ALONZO B. COKNELL. 
 
 Hon. Isaac V. Bakee, Jr. 
 
 Special Message Teansmitting the Deaft of a Bill 
 Peoviding foe an Encampment of the N'ational 
 
 GUAED OF THE StATE. 
 
 STATE OF NEW YORK : 
 
 Executive Chambee, ) 
 Albany, A'pril 25, 1883. i 
 To the Legislature : 
 
 To promote the efficiency and usefulness of the National 
 
 Guard, when required for actual service, the Military Code of 
 
Public Papers of Governor Cornell. 67 
 
 this State authorizes the annual assembling of a part of the 
 Guard in camps of instruction, provided that not more than 
 ten thousand men in the aggregate may be so assembled in 
 any one year. Hitherto the expense necessary to maintain 
 the military establishment has rendered it impossible to pro- 
 vide for such camps of instruction out of the appropriations 
 made for military purposes. During the past two years, 
 however, the force has been reduced in number from 20,000 to 
 about 12,000 men, in order that those remaining in the service 
 could be provided with camp experience and with exercise in 
 the field, without an increase of the ordinary expenses of 
 this department. 
 
 While the law is ample for the organization of a camp of 
 instruction, a careful examination discloses the fact tliat it 
 does not authorize the purchase of the necessary site therefor ; 
 and in view of the expense required to properly equip a camp 
 for use, it is not deemed prudent to make such an investment 
 on leased ground. It is highly desirable that a portion of the 
 troops should be encamped the present season, and selections 
 have already been made of several regiments for such pur- 
 ■ pose. To enable the military department to discharge a duty 
 which is deemed essential, and even vital to the maintenance 
 of a proper and effective National Guard in this State, 
 authority is desired to acquire and improve the necessary site. 
 For this purpose the accompanying bill has been prepared 
 by my direction and is herewith respectfully trnnsmitted to 
 the Legislature with the hope that it will receive your early 
 and favorable consideration. 
 
 ALONZO B. CORNELL. 
 
68 Public Papers op Govebnoe CoR^rELL. 
 
 Veto, Assembly Bill, Introductory Number 465, Es- 
 cheat, Releasing to John McLaughlin. 
 
 Executive Chamber, 
 Albany, April 26, 1882. 
 
 STATP^. OF NEW YORK : 
 
 ( 
 
 To the Assembly : 
 
 Assembly bill, not printed, introductory number 465, en- 
 titled "An act to release the right, title and interest of the 
 people of the State of New York, in and to certain real estate 
 in the city of Brooklyn and county of Kings, or the proceeda 
 of the sale thereof, to John McLaughlin," is herewith returned 
 without approval. 
 
 Under the operation of law there has come into the pos- 
 session of the State the sum of nine hundred and sixty-three 
 50-100 dollars, which this bill proposes to donate to one John 
 McLaughlin, a British subject residing in Ireland. If propo- 
 sitions of this character are to be enacted into law there is no 
 reason why the existing statutes relating to the descent of 
 property in case of alienage, should be continued in force. 
 
 Aside from the fact that under the present circumstances 
 the person named has no legal claim against the State, there 
 is a special objection to this bill in the fact that the applica- 
 tion is made ostensibly in his behalf by other parties, with 
 not a particle of evidence in the accompanying papers to show 
 that the proposed beneficiary has any knowledge of this 
 measure, or indeed, that he is aware of the foundation of the 
 claim as set forth. 
 
 In every aspect of the case it is apparent from an examina- 
 tion of the papers submitted, that the bill is altogether ob- 
 jectionable on both legal and equitable grounds, and should 
 not, therefore, be permitted to become a law. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Governor Cornell. 69 
 
 Veto, Senate Bill No. 66, Authorizing the Gooleson 
 Fire Engine Company No. 2, oe Wineield, Queens 
 County, to Change its Corporate Name. 
 
 STATE OP NEW YOKK : 
 
 Executive Chamber, ) 
 Albany, April 26, 1882. ) 
 To the Senate : 
 
 Senate bill No. 66, entitled "An act to authorize the Goole- 
 son Fire Engine Company No. 2, of Winfield, Queens county, 
 to change its corporate name," is herewith returned without 
 approval. 
 
 Existing laws abundantly provide for the change of cor- 
 porate names by the courts, and except in some emergency 
 which would justify other action, this course should be 
 observed in all cases. While there is no positive constitu- 
 tional bar to this bill, it is clear that it was the intention of 
 the framers of the Constitution to discourage legislation of 
 this character. It is difficult to see how a proposition to 
 change the name of a fire engine company can be regarded as 
 of sufficient importance to warrant the enactment of a special 
 statute. 
 
 ALONZO B. CORNELL. 
 
 Veto, Senate Bill No. 27, for the Relief of Heirs 
 OF William Meyer. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 Albany, May 2, 1882. i 
 
 To the Senate : 
 
 Senate bill No. 27, entitled "An act to release the interest 
 of the people of the State of New York in and to certain 
 
70 Public Papers of Goveenoe Coenell. 
 
 surplus moneys arising upon the sale of certain lands of 
 which William Meyer died seized," is herewith returned 
 without approval. 
 
 The sum of $7, 137. 34 has come into the right or possession 
 of the State as the avails of certain real estate sold under 
 foreclosure of mortgage, which was the property of one 
 William Meyer in his life-time. It appears that Meyer was 
 an illegitimate son of an unknown father, and had come to 
 this country, and was for many years wholly isolated from all 
 association with his family relatives. This bill proposes to 
 give this money to certain parties residing in California, who 
 ■claim to be the descendants of a sister of Meyer's mother. 
 They have never been residents of this State, and do not 
 appear to have any reasonable claim upon the estate of the 
 deceased. On what principle of right and justice it is 
 proposed to take this amount of money from the State it is 
 difficult to understand. It has come to the State under the 
 due operation of law, and it is quite as much the property of 
 the State as though it had been derived from any other legal 
 source. 
 
 Had there been the ordinary ties of family association and 
 Telationship between Meyer and the parties in question, it is 
 -quite possible that the proposed appropriation might be 
 justified. But that such a donation should be made to per- 
 sons who, to all intents and purposes, were strangers to Meyer, 
 is quite another question. The fact that they can trace their 
 lineage and establish kinship with him is not a sufficient 
 reason why the State should release its rights to them. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Governor Cornell. 71 
 
 Veto, Assembly Bill No. 242, REouLATiNa the Stand- 
 ard OF Illuminating Oils and Fluids. 
 
 STATE OP NEW YORK: 
 
 Executive Chamber, ) 
 Albany, May 4, 1882. f 
 To the Assevibly : 
 
 Assembly bill No. 242, entitled "An act to regulate the 
 standard of illuminating oils and fluids for the better pro- 
 tection of life, health and property," is herewith returned 
 without approval. 
 
 This measure provides for the appointment of a general 
 inspector and twenty-live deputy inspectors, who are required 
 to test and examine all illuminating oils manufactured and 
 •offered for sale in this State ; and prohibits the sale of any 
 such article not duly inspected and branded. The bill is sub- 
 stantially identical with the one passed by the preceding 
 Legislature ; and which was returned without approval for 
 reasons stated at length in the message accompanying it. All 
 of the objections then noted are fully applicable to this bill, 
 .and further consideration of the subject has sufficed rather to 
 confirm the opinions then expressed. 
 
 The Constitution provides that "all ofiices for the weighing, 
 ■"gauging, measuring, culling or inspecting any merchandise, 
 ■"produce, manufacture or commodity whatever, are hereby 
 "abolished, and no such office shall hereafter be created by 
 "law; but nothing in this section shall abrogate any office 
 
 "created for the purpose of protecting the public health 
 
 (I * * * * ii 
 
 Unless it can be established that so large a proportion of 
 illuminating oils offered for sale is dangerous, that it is unsafe 
 to permit traffic in them without inspection, this constitu- 
 tional prohibition seems to be an absolute bar to the system 
 proposed. Such, however, can hardly be supposed, when it 
 is considered how seldom accidents happen from other causes 
 
72 Public Papees of GoveIrwoe Coenell. 
 
 than carelessness, in view of the almost universal use of these 
 oils for domestic purposes. 
 
 To bring the inspection of oils within the constitutional 
 limit, it must be confined to such as warrant reasonable 
 suspicion of danger. The State might very properly define by 
 law the precise and safe standard, and prohibit dealing in such 
 as do not conform thereto, with suitable pains and j)enalties. 
 To make the law effective, also, an inspection of dangerous 
 substances could, no doubt, be provided in a manner not 
 repugnant to the organic law, nor expensive to the very great 
 number of consumers. For it is very clear that the cost of 
 any system of inspection would ultimately fall upon those 
 who use illuminating oils, in an advance on the price fixed by 
 the manufacturer and dealer. Furthermore, serious objection 
 may be urged to such a complicated scheme as proposed, on 
 the ground that it would unnecessarily burden and annoy 
 a legitimate branch of trade and industry. The system 
 devised is far-reaching, and would unquestionably prove 
 offensive in its operation to both consumer and dealer. While 
 it is important to guard against the danger of explosive oils, 
 it seems clear that the end can be effectually accomplished 
 without resort to means that would prove obnoxious in some 
 particular to all classes ; and care should, therefore, be taken 
 to avoid the application of extreme and excessive measures. 
 
 ALONZO B. COENELL. 
 
 Veto, Assembly Bill No. 497, amenbing the Charter 
 OF THE City of Brooklyn, Relating to the Custody 
 OF the Public School Funds. 
 
 STATE OF NEW YORK r 
 
 Executive Chamber, 
 Albany, May 4, 1882 
 
 To the Assembly : 
 Assembly bill No. 497, entitled "An act to amend chapter 
 
Public Papers of Goveknoe Coenell. 73 
 
 863 of the Laws of 1873, entitled 'An act to amend the char- 
 ter of the city of Brooklyn, and the various amendments 
 thereof,' " is herewith returned without approval. 
 
 It is proposed in the accompanying bill to remove the cus- 
 tody of the public school funds of the city of Brooklyn from 
 the Board of Education to the city treasury. Whatever may 
 be said as to the propriety of making such a change, this bill 
 does not seem to be in proper shape to accomplish the object 
 sought. It simply provides for an amendment of the city 
 charter without amending the laws relative to the Board of 
 Education. 
 
 An examination of existing laws presents the fact that the 
 Board of Education is an independent corporation, capable of 
 suing and being sued, and vested with the title of all property 
 acquired for school purposes in the city of Brooklyn. Nu- 
 merous laws are also in force giving to the board the custody 
 and control of the school moneys ; and these would be anr 
 tagonized by the enactment of this measure from which, it 
 may be reasonably predicted, confusion and legal complica- 
 tions would inevitably flow. 
 
 If the public interests require a change in the system of 
 handling and accounting for the school funds of the city of 
 Brooklyn, it should be secured by a careful revision of all the 
 laws relating to the subject, in order that a complete and 
 practical plan be secured, free from all possibility of conflict 
 between the various departments of the city. It is respect- 
 fully submitted, therefore, that this bill ought not to become 
 a law in its present form. 
 
 ALONZO B. CORNELL. 
 
74 Public Papees of Governoe Coewell. 
 
 Veto, Assembly Bill No. 258, Inoeeasing the Compeh"- 
 sATiojsr of the Police Foece of the City of Bing- 
 
 HAMTON. 
 
 STATE OF NEW YOKK : 
 
 Executive Chambee, ) 
 Albany, May 5, 1882. i 
 To the Assembly : 
 
 Assembly bill No. 258, entitled ' 'An act to amend chapter 
 90 of the Laws of 1881, entitled 'An act to amend chapter 
 6 of the Laws of 1881, entitled 'An act to organize and estab- 
 lish a police force for the city of Binghamton,' " is herewith 
 returned without approval. 
 
 The object of this bill is to increase the compensation of the 
 police force of the city of Binghamton as prescribed by the 
 act which it is proposed to amend. The same act provides 
 that the members of the force shall have an unlimited tenure 
 of office, except as they may be removed under certain spe- 
 cified forms of procedure by the police commissioners. It is, 
 therefore, not competent for the Legislature to increase the 
 emoluments of the men now in service. 
 
 The eighteenth section of article three of the Constitution 
 provides that ' ' the Legislature shall not pass a private or local 
 bill '" * * * * creating, increasing or decreasing fees, 
 percentages or allowances of public officers during the term 
 for which said officers are elected or appointed." Section 
 twenty-four of the same article declares that "the Legislature 
 shall not, nor shall the Common Council of any city nor any 
 Board of Supervisors, grant any extra compensation to any 
 public officer, servant, agent or contractor." These two pro- 
 visions were added to the Constitution by vote of the people 
 in 1874, and were intended to prohibit and prevent improvi- 
 dent legislation. Although these restrictions might be 
 avoided, if the accompanying bill were enacted, by allowing 
 the men to resign and be reappointed, it would be such a 
 manifest evasion of the intent of the Constitution that it 
 would be entirely unjustifiable. 
 
 ALONZO B. CORNELL. 
 
Public Papers op Governor Cornell. 75 
 
 Yeto, Senate Bill, Introductory Number 516, Legal- 
 izing- THE Refunding by the Town of Sangerpield, 
 Oneida County, op Money Paid by Marvin J. West, 
 AS Surety. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 
 Albany, May 9, 1882, ) 
 To the Senate : 
 
 Senate bill, not printed, introductory No. 516, entitled "An 
 act to legalize the action of the electors of the town of San- 
 gerfield, Oneida county. New York, in voting to refund to 
 Marvin J. West the money paid by him to the town as one of 
 the sureties on the official bond of the supervisor," is hereby 
 returned without approval. 
 
 The Constitution expressly prohibits any county, city, town 
 
 or village from giving any money or property to or in aid of 
 
 any individual. It is, therefore, incompetent for the people 
 
 of Sangerfield to refund money paid by the surety on an 
 
 official bond, and the Legislature is powerless to legalize or 
 
 confirm such an act. 
 
 ALONZO B. CORNELL. 
 
 Yeto, Assemrly Bill No. 103, Giving to the Defense 
 the Right op the Concluding Address to the Jury 
 in Capital Cases. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, 
 Albany. May 9, 1882 
 
 To the Assembly : 
 
 Assembly bill No. 103, entitled "An act regulating the 
 trials of persons in capital cases and giving the defense the 
 Tight of the concluding address to the jury," is herewith 
 returned without approval. 
 
76 Public Papers of Governor Cornell. 
 
 For many years there has been a gradual tendency in liegis- 
 lation with regard to criminal law, to render conviction for 
 grave offenses more difficult and uncertain. One impediment 
 after another has been placed in the way by statutory enact- 
 ment, until the conviction of a person indicted for crime has 
 become almost a matter of surprise, when defended by able 
 counsel. Enforcement of the law is thus constantly preju- 
 diced and retarded, while too little is done to promote the 
 ends of justice and bring evil doers to deserved punishment. 
 No wonder, therefore, that a lack of confidence in the admin- 
 istration of the penal statutes is so generally felt. Such ten- 
 dencies to lessen the chances of conviction cannot fail to 
 engender disregard and contempt of law, and embolden the 
 dangerous classes to more reckless and defiant conduct. On 
 the other hand, it cannot well be doubted that the certainty 
 of punishment would exert a potent and salutary influence 
 for the prevention of crime. Failure to convict on account of 
 some technical omission, or insufficient provision of law, of 
 consequence affords constant encouragement to violators, who 
 thereby take greater and more frequent chances in the com- 
 mission of unlawful acts. While it is conceded that the plea 
 of humanity should be duly heeded, yet it must be remem- 
 bered that the interests of society demand that crime shall be 
 speedily and surely punished. Abundant safeguards already 
 exist for the protection of the innocent, hence little danger of 
 unjust conviction need be apprehended. Under our Constitu- 
 tion acquittal is a guarantee of immunity against further 
 prosecution on the same charge. But there is no remedy for 
 the miscarriage of justice in the case of the guilty who chance 
 to escape the judgment of the law. Moreover, that no unjust 
 penalties may be borne if wrongfully convicted, the con- 
 demned always has recourse either to the courts of justice or 
 Executive clemency to correct an error or right a wrong. 
 
 Although the enactment of the accompanying measure 
 
Public Papers of Governor Cornell. 77 
 
 might nut in itself produce any marked change in the admin- 
 istration of justice, still it is certainly a step in the wrong 
 direction ; and in this view it is objectionable. It would be 
 tantamount to a notice to criminals that their chances of 
 escaping conviction were to be increased ; and the effect in 
 this respect could not be otherwise than unfortunate and 
 prejudicial to the safety of life and property. 
 
 ALONZO B. CORNELL. 
 
 Veto, Senate Bill No. 153, Authorizing the Expendi- 
 ture OF Balances in the Hands of the Board op 
 Public Instruction of the City of Albany. 
 STATE OF NEW YORK: 
 
 Executive Chamber, [ 
 Albany, May 15, 1882. i 
 To the Senate: 
 
 Senate bill No. 153, entitled "An act to authorize the board 
 of public instruction of the city of Albany to expend unex- 
 pended balances in their hands or to their credit to meet defi- 
 ciencies in the annual appropriation for specific school pur- 
 poses," is herewith returned without approval. 
 
 The school funds provided by local taxation in the city of 
 Albany are levied by the common council upon estimates 
 made by the board of public instruction. The common coun- 
 cil has no authority to review the estimates, which are subject 
 to the mayor's veto; but they may be carried over it by a 
 three-fourths vote of the board of public instruction. Thus 
 it appears that the limit on the amount of money to be raised 
 for school purposes is dependent only ou the approval of 
 three-fourths of the edacatioaal board. Tlie expenditures- of 
 the board are now oonfiaed to the amount raised for each 
 desii^nated purpose ; and all aaexpandei balances on hand at 
 the end of the year are to be contributed to the sinking fund 
 for the extinguishment of the bonded indebtedness of the 
 city. 
 
78 Public Papers of Governor Cornell. 
 
 The accompanying bill proposes to authorize the board of 
 public instruction to use any unexpended balance of a par- 
 ticular fund to meet any deficiency that may occur in any- 
 other fund during the year. The object of limiting expendi- 
 tures within the amount raised for each specified purpose is- 
 to insure a careful consideration of all items of expense, and 
 to hold the board to a. proper accountability in the perform- 
 ance of its trust. The unavoidable result of the enactment of 
 this bill would be to encourage improvident expenditure, and 
 lessen the responsibility of the board. To provide for a defi- 
 ciency is the surest way to create one ; while if there be nO' 
 expedient, the board will be more likely to exercise its best 
 effort to avoid such contingency. 
 
 With this provision engrafted on the law governing the 
 board of public instruction, it is easy to see how expenditures- 
 might be indefinitely extended. For instance, moneys raised 
 for the building or repair of school houses, may be diverted 
 to the payment of salaries, or any of tlie current or ordinary 
 purposes under the jurisdiction of the board. The composi- 
 tion of the present board of instruction is of such chara<'ter 
 that no improper diversion of funds need be apprehended ^ 
 but the membership of the board will undergo changes from 
 year to year, and there is no guaranty that it will always re- 
 main as at present constituted. It is certainly more prudent 
 to preserve the present safeguards against extravagant expen- 
 ditures, even though inconvenience be sometimes experienced, 
 than to bring within the sanction of law authority which 
 might be easily abused, and which would offer constant 
 temptation to trespass upon one or another fund, that should 
 be held sacred to its original purpose. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Governor Cornell. 79 
 
 Veto, Assembly Bill No. 166, making it Mandatory 
 
 FOR THE GOVEKNOR TO APPOINT TwO WOMEN ON EACH 
 
 Board of Management of State Charitable or Cor- 
 rectional Institutions. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber. ) 
 Albany, May 12, 1882. \ 
 To the Assembly : 
 
 Assembly bill No. 166, entitled "An act au thorizing the ap- 
 pointment of women in the boards of trustees or managers of 
 State charitable, correctional, reformatory or eleemosynary 
 institutions where women and children are cared for," is here- 
 with returned without approval. 
 
 By the terms of this bill it is proposed to make it manda- 
 tory on the Governor to appoint at least two women, to the 
 membership of the managing boards of all State charitable 
 and correctional institutions where women or children are 
 cared for, except the Willard Asylum at Ovid. The wisdom 
 and propriety of making the appointment of women to these 
 positions imperative, may well be questioned. Two ladies are 
 now serving as members of the State Board of Charities, 
 under appointment of the Governor and Senate, and two 
 others by like authority, are trustees of the Women's Re- 
 formatory. Yain effort was made two years ago to find two 
 ladies who would take appointment as trustees of another 
 State institution. Those deemed qualified and selected for 
 the trust, vvere unwilling to allow the use of their names, and 
 the proposition was, therefore, necessarily abandoned. It is 
 feared from this experience that embarrassment might often 
 be encountered in finding women suited to the duties, and 
 willing to accept such positions. It would certainly be un- 
 fortunate to require the appointment of women in cases where 
 suitable ones could not be found to serve. If, however, there 
 were now any doubt of the eligibility of women for these 
 
so Public Papees of Governor Cornell. 
 
 places, it would be manifestly desirable to remove all dis- 
 ability, in order that such a,ppointments might be made when 
 deemed appropriate. No question has ever been judicially 
 raised on this point, and it is not believed that any objection 
 <;ould be successfully maintained. 
 
 In many charitable organizations women are doing noble 
 work to reclaim the fallen and smooth the pathway of the un- 
 fortunate. There can be no doubt that much good will come 
 from their participation in the official management of State 
 institutions. Those already appointed have rendered invalu- 
 able services, and others will probably be chosen from time to 
 time, as circumstances seem to warrant. The recent law 
 making women eligible as school trustees has produced 
 admirable results, not only in securing the election of many 
 of them as trustees of schools, but especially in elevating the 
 qualification of men proposed as candidates for school boards ; 
 and also in stimulating greater interest in the management of 
 schools generally. The effect of these new experiences is to 
 widen the influence and usefulness of women ; and while fully 
 sympathizing with the spirit which has promoted the passage 
 of this bill, it is respectfully submitted that its arbitrary pro- 
 vision would possibly produce reaction, and thereby embar- 
 rass the very object which it seeks to advance. 
 
 That clause of the bill excepting the Willard Asylum is 
 also regarded as especially objectionable. If desirable that 
 women should be selected as managers of any of the asylums 
 for the insane, there certainly should be no exemption made 
 of the Willard Asylum. That institution contains much the 
 largest number of females of any in the State, and they are 
 mostly of the poorer classes, whose friends are the least able 
 to give attention to their condition or necessities. Tliis ex- 
 ception would practically exclude women from the adminis- 
 tration of the affairs of that asylum, which, of all others, 
 might need their counsel and co-operation most. Considering 
 
Public Papers of Governor Cornei-l. 81 
 
 the subject in every detail, it is believed that public interests 
 will be better conserved by leaving the selection of trustees 
 to the discretion of the appointing power than to run the risk 
 of making mandatory requirements which could not always 
 be satisfactorily carried out. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 74, m Relation to the Sale 
 OE Furniture, etc., on the Installment Plan. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 Albany, May 15, 1882. ) 
 
 Assembly bill No. 74, entitled "An act in relation to selling 
 furniture, bedding, sewing machines or household utensils 
 upon the plan of requiring monthly or stated payments," is 
 herewith returned without approval. 
 
 The object of this bill is to require dealers in certain articles 
 of domestic use, when selling on credit involving payment by 
 installments, to stipulate for the re-payment of twenty-five 
 per centum of all sums paid in case of the foreclosure of their 
 liens on such articles for non-payment ; and the recovery of 
 all such property in default of payments is prohibited until 
 twenty-five per centum of all moneys paid thereon shall have 
 been returned or tendered to the purchaser. No provision is 
 made as to the condition of the articles, to the injury or wear 
 done and sustained, nor to the length of time they may have 
 been used by the defaulting purchaser. 
 
 Regardless of detail, the measure appears to be objection- 
 able on general grounds. It interferes with and hampers 
 legitimate trade, thereby infringing on private rights. The 
 selling of household goods on a systematic credit plan, of late 
 years quite common, enables many families to surround 
 themselves with necessaries, and luxuries also, not ordinarily 
 6 
 
82 Public Papers of Governor Cornell. 
 
 within their reach. While such opportunity may, in a de-, 
 gree, lead to extravagance, yet the practice of saving, and the 
 accumulation of property, from earnings that might other- 
 wise be wasted in profligate habits, are quite likely to be 
 encouraged. Formerly the installment system was confined 
 to a few, and abuses were of frequent complaint ; but 'since 
 the extension of the business, and the multiplied number of 
 dealers, competition has cured the maiji evils. 
 
 It is difficult to understand why traffic in the articles named 
 in the accompanying bill should be placed upon a different 
 basis from all other personal property. Purchasers without 
 ready means need the very best credit they can obtain to en- 
 able them to make advantageous transactions. The enactment 
 of this bill would manifestly reduce the value of security 
 which is now afforded by liens on personal property. Its 
 effect would be evidently injurious to the very class of people 
 whom it is probably intended to protect. Dealers would save 
 themselves harmless by advancing the price of goods and 
 exacting such conditions as would make up for the adverse, 
 liability imposed upon them. 
 
 Furthermore, the MU is violative of a principle, which, if 
 not expressly enunciated in the Constitution, is clearly in 
 accord with the spirit of that instrument. It seeks, to make 
 a distinction between classes of dealers, discriminating against 
 those who operate, on the installment plan, in certain articles 
 enumerated, while others, who deal in a different kind of 
 goods, merchandise or implements, on the same plan, are 
 placed under no restrictions whatever. If the object of the 
 bill be a good one, manifestly its provisions should extend to 
 all. To single out particular ones, excepting all the rest, is 
 conspicuously invidious and objectionable. It is supposed 
 that the remedy sought to be applied is for some defect or: 
 abuse in the system. If this be so, obviously then, the law 
 should be directed to that end only, without distinction or 
 
Public Papers of Governor Cornell. 83 
 
 immunity. The right to deal in any lawful article of mer- 
 chandise is one of the plainest privileges of citizenship, and 
 It may fairly be questioned how far the Legislature is author- 
 ized to interfere with legitimate traffic. The theory of our 
 form of government is, to afford the largest liberty in the 
 exercise of all natural rights. And unreasonable interference 
 with [the ordinary current of trade is an invasion of the 
 rights of the people and unwarranted by the Constitution. 
 
 ALOISrZO B. CORNELL. 
 
 Veto, Assembly Bill No. 144, Establishing the Office 
 Hours of the Clerk of the County of Albany. 
 
 Executive Chamber, 
 Albany, May 15, 1882. 
 
 STATE OF NEW YORK : 
 
 1 
 
 To the Assembly : 
 
 Assembly bill No. 144, entitled "An act in relation to the 
 keeping open the office of (he clerk of the county of Albany," 
 is herewith returned without approval. 
 
 The present Legislature has, by a general act pursuant to 
 the twenty-third section, article three of the Constitution, 
 conferred upon boards of supervisors full authority to regu- 
 late the hours for keeping open public offices in their respect- 
 ive counties. The accompanying bill is, therefore, inconsist- 
 ent with the provisions of the eighteenth section of the same 
 article, if not positively repugnant thereto. . This amendment 
 of the Constitution was evidently designed to prohibit the 
 enactment of local and special laws, in all cases where general 
 laws may be provided. Inasmuch as the supervisors are now 
 invested with authority to legislate upon this subject, it does 
 not seem appropriate that the Legislature should continue to 
 enact local laws on the same subject. 
 
 ALONZO B. CORNELL. 
 
84 Public Papers of Goveknor Cobnell. 
 
 Veto, Assembly Bill JSTo. 303, in Relation to Closing 
 Certain Public Offices in New York and Kings 
 Counties on Saturdays. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 Albany, May 15, 1882. ) 
 
 Assembly bill No. 303, entitled "An act in relation to closing 
 certain offices in the counties of New York and Kings on Sat- 
 urdays," is herewith returned without approval. 
 
 This bill proposes to authoi'ize the closing of certain county 
 offices in New York and Kings counties, and certain municipal 
 offices in the city of Brooklyn, at twelve o'clock, noon, on 
 Saturdays, from the fifteenth of June until the fifteenth of 
 September in each yeiir hereafter. Aside from the very 
 questionable policy of authorizing the closing of important 
 public offices for several hours during the business part of the 
 day, there are several specific Qbjections to this measure which 
 seem to render its enactmeipt Improper. 
 
 1. Chapter 118 of the Laws of 1882 confers upon the board 
 of supervisors of Kings county full authority to regulate the 
 hours for opening and closing the county offices within their 
 jurisdiction. It is questionable whether the Legislature now 
 possesses the constitutional authority to pass a local bill on 
 this subject. 
 
 2. In regulating the office hours of county and municipal 
 offices the bill embraces two different subjects. It is therefore 
 in conflict with the Constitution, which restricts a local bill to 
 a single subject which must be expressed in its title. 
 
 3. The title is also defective in making no reference to the 
 Brooklyn city offices which it proposes to regulate. 
 
 These offices are maintained at the public expense and 
 should be conducted in such manner as will best serve the 
 public convenience. This can only be assured by providing 
 that they remain open during the ordinary business hours of 
 
Public Papers of Governor Cornell. 85 
 
 tlie community in which they are situated. JS'o reason is 
 apparent why there should be discrimination in regard to the 
 particular offices named in this bill. If they were to be closed 
 at noon on Saturdays during the summer months, why should 
 not the same rule be applied to other public offices in the same 
 locality? In general and in detail, the bill is objectionable, 
 and should not, therefore, become a law. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 559, Authorizing the Buf- 
 falo Cemetery Association to Acquire Land. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 Albany, May 15, 1882. i 
 
 Assembly bill No. 559, entitled "An act to authorize the 
 Buffalo Cemetery Association to acquire additional land, and 
 to erect a building for office purposes," is herewith returned 
 without approval. 
 
 The Buffalo Cemetery Association is authorized by this biU 
 to acquire additional lands not exceeding fifty acres within 
 the city of Buffalo, for cemetery purposes, and also to erect 
 thereon a building. for office purposes. Chapter 345 of the 
 Laws of 1881 provides that ' ' no lands lying within the present 
 limits of the city of Buffalo within a radius of four miles of 
 its city and county hall shall hereafter be taken or used for 
 cemetery or burial purposes, except such as may be necessary 
 for the use of some cemetery already in existence or are im- 
 mediately adjacent to lands already actually in use as a burial 
 ground." In view of the rapid growth and development of 
 the city of Buffalo, this provision seems to be eminently wise 
 and appropriate. The city is at present enjoying a degree of 
 prosperity unprecedented in all of its past history, with every 
 prospect of future continuance. It would be unfortunate, 
 therefore, to permit the occupation of land for cemetery pur- 
 
86 Public Papers of Governor Cornell. 
 
 poses which is likely, within a few years, to be desirable and 
 needed for residences, or business purposes. Like every 
 growing city, BuflPalo is now suffering embarrassment from the 
 occupation of lands for burial grounds, hence care should be 
 taken in the location of cemeteries hereafter, to place them 
 safely beyond the limits of prospective improvement. It is, 
 therefore, believed to be unwise to reverse the policy adopted 
 in the enactment of lafet year, above referred to. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 556, to amend the Charter 
 OE THE City of Brooklyn, in the Matter of Park 
 Commissioners. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, May 16, 1882, f 
 To the Assembly : 
 
 Assembly bill No. 556, entitled "An act to amend chapter 
 863 of the Laws of 1873, entitled 'An act to amend the char- 
 ter of the city of Brooklyn and the various amendments 
 thereof,' " is herewith returned without approval. 
 
 The Brooklyn park commissioners are, by the terms of this 
 bill, to be (sontinued in office for one year in addition to their 
 term of service, which will expire on the 18th of this month; 
 but the bill makes no provision for the appointment of their 
 successors. The existing law authorizes the mayor to appoint 
 commissioners upon the expiration of the term of the present 
 incumbents, and as the accompanying bill does not expressly 
 abrogate this authority nor contain a repealing clause of any 
 kind, it seems likely to lead to confusion. If the mayor 
 should act upon the authority now vested in him and appoint 
 new commissioners, the city would probably be the victim of 
 a legal contest to determine which set of appointees were en- 
 titled to hold. 
 
Public Papers of Governor Cornell. 87 
 
 The mayor of Brooklyn was elected on the direct issue of 
 making that officer responsible for the government of the 
 city ; and he is invested with the most extensive powers of 
 any municipal executive in the State. Nothing has occurred 
 since his accession to the mayoralty to impair the confidence 
 reposed in him by the friends of good government, and it 
 would seem especially ungracious to deprive him of authority 
 by legislation at this early period of his administration. Op- 
 portunity should be given, without embarrassment, to test the 
 exercise of unrestricted executive authority in regard to mu- 
 nicipal appointments, n(»w under trial in the city of Brook- 
 lyn. It will be time enough to reverse this policy when an 
 abuse of power or culpable neglect of duty shall become ap- 
 parent. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 549, to Incorporate the Buf- 
 falo Light Battery. 
 
 STATE OF NEW YOEK : 
 
 Executive Chamber, } 
 Albany, Map 17, 1882. f 
 
 To the Assembly : 
 
 Assembly bill No. 549, entitled "An act to incorporate the 
 Buffalo Light Battery," is herewith returned without appro- 
 val. This bill proposes to incorporate a military organization 
 to be designated the Buffalo Light Battery, to be wholly in- 
 .dependent of the National Guard, and of the State military 
 regulations, except that in case of emergency it may be 
 mustered into actual service for a period of not less than thirty 
 nor more than ninety days, when it shall be under the direc- 
 tion of the Commander-in-chief. There is now a very efficient 
 battery of the National Guard located at Buffalo, which is- 
 quite adequate for all ordinary purposes in that portion of the 
 
88 Public Papers of (toveknoe (Joenell. 
 
 State, and therefore there is no public necessity for such aa 
 organization as the one proposed. 
 
 The Military Code makes all necessary provision for the 
 organization of the militia, and is in full accord with the act 
 of Congress relative to the State militia. It may be fairly 
 questioned whether the accompanying bill is not in conflict 
 Tvith the Constitution of this State, respecting local legisla- 
 tion, and also with the Constitution of the United States, 
 which prohibits the several States from keeping troops in time 
 of peace without the consent of Congress. Inasmuch, there- 
 lore, as the bill is not based upon any public necessity, and is 
 mot in accord with the general policy of the State relating to 
 military affairs, it does not seem desirable that it should be- 
 come a law. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 202, relating to the EirREKi* 
 Basin Warehouse and Manufacturing Company os 
 Long Island. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, May 23, 1882, ( 
 To the Assembly : 
 
 Assembly bill No. 202, entitled "An act to repeal chaptei 
 443 of the Laws of 1868, entitled 'An act to limit and defini 
 the powers and privileges of the Eureka Basin Warehoua 
 and Manufacturing Company of Long Island,' and the severa 
 amendments thereof," is herewith returned without approval 
 
 It is claimed on behalf of the Eureka Basin Company tha 
 it has proceeded in good faith under the laws which this bil 
 proposes to repeal, and has thereunder invested a large sur 
 and secured vested rights, which would be invaded or de 
 stroyed by the repeal, and further, that it has made importar 
 contracts and assumed obligations which would be interfere 
 
Public Papers op Governor Cornell. 89 
 
 with and impaired by sucli repeal. How far these represen- 
 tations may be valid it is perhaps unnecessary at this time to 
 inquire, in view of the fact that by chapter 637 of the Laws 
 of 1881, the company was expressly granted one year addi- 
 tional time within which to commence its improvements and 
 expend a certain amount thereon. The time thus given wUl 
 not expire until July 13, 1882, and there can hardly be any 
 justilication in repealing the several acts named until that 
 period of time shall have elapsed. If, in the meantime, the 
 reqTiisite conditions of law have been duly complied with, the 
 good faith of the State will be involved in maintaining 
 the rights accorded by general or special acts. On the other 
 hand, should the company fail to meet these legal obligations, 
 the courts can take cognizance of its failure and apply the 
 proper remedy, and a future Legislature may with greater 
 propriety consider the question of repealing the acts. 
 
 ALONZO B. CORNELL. 
 
 Teto, Assembly Bill No. 346, Defining the Liability 
 OF Towns for Damage Caused by Defective High- 
 ways. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, [ 
 Albany, May 23, 1882. ) 
 
 To the Assembly : 
 
 Assembly bill No. 346, entitled "An act to amend chapter 
 700 of the Laws of 1881, entitled 'An act to provide for the 
 liability of towns and commissioners of highways in certain 
 cases,'" is herewith returned without approval. 
 
 The act which it is proposed by this bill to amend provides 
 that towns shall be liable for damages to persons and property 
 caused by defective highways or bridges, instead of the high- 
 way commissioners as formerly. The fourth section author- 
 
90 Public Papeks of Governor Cornell. 
 
 izes town auditors to audit and pay, if deemed just, as a town 
 charge, any judgment already recovered and not paid, as well 
 also as judgments hereafter recovered. In consequence of a 
 long standing controversy' in one of the towns of Dutchess 
 county over a claim for damages of this kind, a provision was 
 inserted in the act that it should not apply to the county of 
 Dutchess. ' The object of the accompanying bill is to repeal 
 that section of the act which exempts Dutchess county from 
 the operation of the law in question. 
 
 A memorial presented on behalf of the town of La Grange 
 shows that a judgment was recovered against the highway 
 commissioners of that town for the loss of a horse in 1876, 
 which with costs and interest amounts at the present time to 
 about forty-four hundred dollars. The claim was allowed by 
 the town auditors in 1878, and was placed in the town tax 
 levy of that year by the board of supervisors, but the Supreme 
 Court, upon mandamus proceedings, ordered its cancellation, 
 and the judgment still remains unsatisfied. It is therefore the 
 obvious purpose of the proposed repeal to remove the obstacle 
 which now prevents the collection of this claim from the town 
 of La Grange. In view of the extraordinary amount of the 
 claim for the loss of a single horse, and the further dispute as 
 to whether the horse really died from injuries caused by a 
 defective bridge, or from other causes, it seems hardly just 
 that the town should be now rendered liable for the judgment, 
 and especially without being permitted to contest the claim 
 on its merits' in court. 
 
 ALONZO B. CORNELL. 
 
Public Papers op Governor Cornell. 91 
 
 Veto, Assembly Bill, No. 343, in relation to the 
 Labor of Children in Reformatory Institutions, 
 Under Contract. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 Albany, May 23, 1882. J 
 To the Assembly : 
 
 Assembly bill No. 843, entitled "An act relating to the 
 employment of children by contract in houses of refuge,, 
 reformatories, correctional and other institutions," is here- 
 with returned without approval. 
 
 The first section of this bill provides that "it shall b& 
 unlawful for the trustees or managers of any house of refuge, 
 reformatory, correctional, or other institution, to contract,, 
 hire or let by the day, week or month, or any longer period, 
 the services or labor of any child or children under sixteen, 
 years of age, now or hereafter committed to, or inmates of, 
 such institutions. But this act shall not be construed so as 
 to prevent the employment of such children upon work to be 
 performed by the piece, under the sole direction of the trustees 
 or managers or other proper officers of such institutions, nor 
 shall it affect existing contracts." 
 
 The inmates of the houses of refuge at New York and 
 Rochester are now employed on contracts during a limited 
 number of hours each day, and are provided with instruction 
 in the common branches of education during the balance of 
 the day. The enactment of this bill would, therefore, revolu- 
 tionize the system of labor in both of these institutions at 
 the expiration of the existing contracts. It will hardly be- 
 questioned that some regular system of industry is in the 
 highest degree desirable, not only to make the institutions as 
 little burdensome to the public treasury as possible, but 
 especially to accustom the children to industrious habits, and 
 thereby qualify them for future self-support. This can only 
 
^2 Public Papers or Governor Cornell. 
 
 be accomplished by employing them directly for public 
 account or under contracts by the piece or by the day. Em- 
 ployment for public account has been found by experience in 
 the prisons and reformatories to be unprofitable, and has, 
 therefore, been discarded. Only last year this system was 
 abolished at the Elmira Reformatory and the contract system 
 substituted for it. Piece contracts are also objectionable, in 
 that imperfect work would necessitate the rejection of pro- 
 ducts to greater or less extent, and thereby considerably 
 reduce earnings. Contracting by the day is, therefol'e, the 
 only system which affords either safe or satisfactory results. 
 Careful inquiry as to the management of these two institu- 
 tions has failed to reveal any substantial reason for the pro- 
 posed change. Under the present system the contractors can 
 only exercise supervision over the children employed through 
 the medium of persons approved by the superintendent of 
 the refuge. The discipline is wholly under the control of the 
 managers and officers of the institutions, neither the con- 
 tractors nor their representatives having authority to punish, 
 assign tasks or prolong the hours of labor. It does not appear 
 that the supervision on behalf of the contractors is in any 
 degree detrimental to the reasonable discipline of the inmates 
 or otherwise prejudicial to their welfare and moral improve- 
 ment. Very gratifying evidences of educational progress is 
 furnished in regard to both institutions. Of the children at 
 the New York House of Eefuge, about two- thirds are wholly 
 illiterate when received, while at Rochester the proportion is 
 only about one-tliird. AH are subjected to thorough educa- 
 tional training during their stay, and their improvement in 
 this respect is reported to be far greater than results from the 
 same time spent in the public schools. 
 
 The inmates of the two institutions named now earn toward 
 their own support between $50,000 and $60,000 annually. 
 They are acquiring habits of industry and are learning trades 
 
Public Papers of Goveknoe Cornell. 9a 
 
 which will be useful in enabling them to maintain themselves 
 when discharged. There can be no doubt that the proposed 
 change would materially reduce the earning capacity of the 
 institutions, and there is no apparent evidence that the children 
 would be benefited thereby. Considered, therefore, in the 
 light of public economy, the measure is objectionable, while 
 no satisfactory reason is presented in its favor in other respects. 
 The location of the New York Houses of Eef uge in the imme- 
 diate vicinity of active manufacturing cities, and the large 
 number of inmates, makes the labor especially available for 
 contracting, and hence the argument that other States have 
 abandoned the system in similar institutions is not applicable 
 with much force to the situation in this State. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill 453, foe Compensating Stenogra- 
 
 PIIEES IN the CoUET OF GENERAL SESSIONS, NeW YoRK 
 
 City. 
 
 STATE OF NEW YORK : 
 
 Executive Ciiambee, [ 
 Albany, Map 23, 1882. f 
 
 To the Assembly : 
 
 Assembly bill No. 458, entitled "An act to provide for the 
 compensation of services in the general sessions of the peace 
 in and for the city and county of New York by stenogra- 
 phers," is herewith returned without approval. 
 
 The apparent object of this bill is to considerably increase 
 the amount of services required to be rendered by the ste- 
 nographers employed in the court of general sessions of the 
 city of New York, and to authorize a corresponding addition 
 to their compensation. What public necessity there may be 
 for increased service is not apparent, and it is surmised that 
 the real object is to create additional duties in order to secure 
 
Public Papers of Goveenor Cornell. 
 
 the increased compensation therefor. Whatever the trr 
 merits of the proposition may be, the title of the bill is n 
 garded as fatally defective in failing to express the real subje( 
 as to which it relates. The statutes novsr in force make abui 
 dant provision for every object embraced in the title of th: 
 bill, vsrhile the bill itself embraces provisions not expressed i 
 the title. It is therefore believed to be in conflict virith sectio 
 sixteen of the third article of the Constitution. 
 
 ALONZO B. COKISrELL. 
 
 STATE OF NEW YORK: 
 
 Executive Chambeh, ) 
 Albany, May 26, 1882. i 
 To the Legislature : 
 
 A proposition has been made by Mr. Frank B. Carpentei 
 the artist who painted the Lincoln portrait, to exchange for i 
 one of normal size, which will be suitable for the Executiv 
 Chamber. Such an arrangement would be more satisfactor; 
 than to place the picture in the Senate Chamber. There is 
 however, no authority at present existing for such an ea 
 change, and it is respectfully suggested that the Legislature 
 by concurrent resolution, confer upon some officer of the Stat 
 the requisite authority to make the proposed exchange. 
 
 ALONZO B. CORNELL. 
 
 Teto, Senate Bill No. 298, Relating to the Supei 
 VISORS OF Fulton County. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 Albany, May 29, 1882. f 
 
 To the Senate: 
 
 Senate bill No. 298, entitled "An act to amend chapter 7 
 of the Laws of 1873, entitled 'An act to equalize the represeni 
 
Public Papers of Governor Cornell. 95 
 
 ation in the board of supervisors of Fnlton county,' " is here- 
 with returned without approval. 
 
 Section eighteen of the third article of the Constitution pro- 
 vides that "the Legislature shall not pass a private or local 
 bill * * -X- - providing for election of members of boards 
 of supervisors." Although the accompanying bill is an 
 amendment of an existing law, it is in positive conflict with 
 the foregoing Constitutional restriction, and would therefore 
 be inoperative if enacted. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 422, Revising the Charter 
 OF THE City of Auburn. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 
 Albany, May 29, 1882. ) 
 To the Assembly : 
 
 Assembly bill No. 422, entitled "An act to amend chapter 
 53 of the laws of 1879, entitled 'An act to revise the charter of 
 the city of Auburn,'. " is herewith returned without approval. 
 
 The common council of the city of Anburn, under the 
 revised charter enacted in 1879, is authorized to raise annually, 
 by taxation, twelve thousand dollars for the compensation of 
 police. The accompanying bill authorizes the raising of sev- 
 enteen thousand dollars for that purpose. It is difficult to 
 understand what justification there can be for increasing the 
 limit of the police fund in any city forty per cent, and more, 
 within the short space of three years. This bill also increases 
 the amount that may be raised for lighting streets and public 
 buildings, from seventeen to twenty thousand dollars. Au- 
 burn now pays more for this purpose than any other city of 
 like size in the State, and more than double the amount paid 
 by several of equal population. There is no apparent reason 
 why this service should be so much more expensive in Au- 
 burn, hence the proposed change is regarded as unnecessary 
 
 ^^•^ ^™'- ALONZO B. CORNELL. 
 
96 Public Papers of Governor Cornell. 
 
 Veto, Senate Bill, Introductory No. 529, relating to 
 Stenographers op the Supreme Court. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, I 
 Albany, May 29, 1882. i 
 To the Senate : 
 
 Senate bill, not printed, introductory No. 629, entitled "An 
 act in relation to the appointment and removal of stenograph- 
 ers of the Supreme Court in the county of Kings, in the 
 second judicial district," is herewith returned without ap- 
 proval. 
 
 Existing laws seem to make all reasonable provision for 
 stenographic service in the Supreme Court in Kings county, 
 and the propriety of making the large increase of expendi- 
 ture authorized by the accompanying bill is not apparent^ 
 The proposition to provide a stenographer for a judge of the 
 Court of Appeals at the expense of Kings county, is con- 
 sidered objectionable, in that it requires a single county to- 
 pay an expense which, if it be a proper public charge, the 
 State should defray. Judges of the Court of Appeals are- 
 State officers, and whatever cost of assistance they need, must 
 be provided out of the State treasury. 
 
 ALONZO B. CORNELL. 
 
 Veto, Senate Bill No. 151, relating to Arrearages 
 OF Taxes and Assessments in the City of Brooklyn. 
 
 Executive Chamber, 
 Albany, May 30, 1882. 
 
 STATE OF NEW YORK : 
 
 1 
 
 To the Senate : 
 
 Senate bill No. 151, entitled "An act to amend chapter 443- 
 of the Laws of 1881, entitled 'An act to provide for the set- 
 tlement and collection of arrearages of unpaid taxes and. 
 
Public Papees of Governor Cornell. 97 
 
 assessments in the city of Brooklyn, and to insure a more effi- 
 ■cient collection of taxes in future," is herewith returned with- 
 out approval. 
 
 Under the pretence of amending the arrearage act of 1881 
 this bill seeks to revive the commission created by this act, 
 whose functions have already ceased by limitation of time, as 
 fixed therein, and to confer upon it authority unknown to 
 that act, and which is believed to be unconstitutional. The 
 bill proposes to vest the commission "with full power, in all 
 cases where any tax, assessment or water rate levied or im- 
 posed on any land in said city prior to January 1, 1879, 
 remains unpaid, and in arrears, and in the judgment of the 
 board hereby constituted, is wholly or partly uncollectible, 
 either by reason of the amount of such arrearages or of any 
 want of jurisdiction, irregularity or defect in any of the 
 proceedings for levying, imposing or confirming any tax, 
 assessment or water rate on sucTi land; to reduce the iirrears 
 of all taxes, assessments and water rates on such land, levied 
 or imposed before the passage of this act, so as to realize as 
 much as with authority of law would be actually and fairly 
 collectible of such arrears from the property, and to fix, 
 adjust, compromise and determine the same ; the said board 
 of commissioners to deal with said arrearages as matters of 
 fact, according to their judgment of what shall be fair and 
 just." * * * "Said board shall certify to the 
 registrar of arrears and to the Comptroller the amount which 
 it shall determine should be collected in each case and such 
 amount is hereby levied as a tax and the same shall consti- 
 tute a valid and binding tax on said lands irrespective of any 
 question of irregularity, or law, jurisdictional or otherwise, 
 attending said taxes or assessments as originally levied or 
 attempted to be levied'''' * * * 
 
 This is an attempt to delegate to a board of individuals 
 named by the Legislature, authority to determine the amount 
 
98 Public Papers of Goveknor Coenell. 
 
 of a tax, and to levy the same upon certain property where 
 former levies have failed for want of jurisdiction, or on 
 account of irregularity or defect in any of the proceedings 
 for levying^ imposing or confirming them. In other words, 
 to levy taxes in lieu of those heretofore levied, and which for 
 the reasons named proved to be void. If such taxes are to be 
 levied and the power to fix and determine the amount thereof 
 is to be delegated, it must be to the legally constituted 
 authorities of the city of Brooklyn. The Legislature cannot 
 delegate such a duty to individuals, or to a special commission 
 unknown to the municipal organization. 
 
 Section twenty of the third article of the Constitution pro- 
 vides that "every bill which imposes, continues or revives a 
 tax shall distinctly state the tax and the object to which it is 
 to be applied, and it shall not be sufficient to refer to any 
 other law to fix such tax or object." The accompanying bill 
 is therefore defective in failing to state the object for which 
 the tax is imposed, and still further because it fails to indi- 
 cate in its title that it authorizes the levying of a tax. 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 115, Fixing the Compensa- 
 tion OF Prison Keepers in the City of New York. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, May 31, 1882. ) 
 To the Assembly : 
 
 Assembly bill No. 115, entitled "An act supplemental and 
 relative to chapter 521 of the Laws of 1880, entitled 'An act to 
 reorganize the local government of the city of New York and 
 to reduce the burden of taxes to be levied in said city," is 
 herewith returned without approval. 
 
 The department of public charities in the city of New York 
 is required by the terms of this bill to fix the compensation o\ 
 
Public Papees of Governor Cornell. 99 
 
 keepers of the city prisons and penitentiary at the rate of 
 eighty dollars per month, and " the said department must pay 
 to the keepers of said city prisons and penitentiary the sum of 
 eighty dollars per month during the year eighteen hundred 
 and eighty-two and each and every succeeding year." This 
 provision is clearly in conflict with the twenty-fourth section 
 of the third article of the Constitution, which provides that 
 "the Legislature shall not, nor shall the common council of 
 any city, nor any board of supervisors, grant any extra com- 
 pensation to any public ofiicer, servant, agent or contractor." 
 
 ALONZO B. CORNELL. 
 
 Veto, Assembly Bill No. 350, Extending the Time foe 
 Maexlla M. Sharpe to File iter Claim for Damaoes 
 with the Canal Appraisers. 
 
 STATE OF NEW YOEK : 
 
 Executive Chamber, ) 
 Albany, June 1. 1882. ) 
 To the Assembly : 
 
 Assembly bill No. 350, entitled "An act to extend the time 
 for Marilla M. Sharpe to file her claim for damages with the 
 Canal Appraisers," is herewith returned without approval. 
 
 The fourteenth section of the seventh article of the Consti- 
 tution provides that neither the Legislature, Canal Board, 
 Canal Appraisers, nor any person or persons acting in behalf 
 of the State, shall audit, allow or pay any claim which as be- 
 tween citizens of the State would be barred by lapse of time. 
 The statutes provide that claims for personal injury or on ac- 
 count of death caused by negligence shall be made within two 
 years after the happening of such injury or death. It is there- 
 fore not competent for the Legislature to authorize the Canai 
 Appraisers to hear the claim described in the accompanying 
 
 bill. 
 
 ALONZO B. CORNELL. 
 
100 Public Papers ov Governor Cornell. 
 
 Statement of Items Objected to in Assembly Bill No. 
 349 Making Appropriations for Canals. Approved; 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, June 5, 1882. ) 
 
 Statevient of items objected to, and not approved, contained 
 in Assembly bill No. 349, entitled- '■'■An act making an 
 appropriation to pay the expenses of iJie collection of tolls, 
 superintendence, ordinary repairs and maintenance of tJie 
 canals for the fiscal year commencing on the first day of 
 October, eighteen hundred and eighty-two, and to provide 
 for a contingent deficiency in the revenues of the canals 
 for the two fiscal years which end September thirtieth, 
 eighteen hundred and eighty-two, and September thirtieth, 
 eighteen hundred and eighty -three.'''' 
 
 The following items contained in Assembly bill No. 349, 
 entitled "An act making an appropriation to pay the expenses 
 of the collection of tolls, superintendence, ordinary repairs 
 and maintenance of the canals for the fiscal year commencing 
 on the first day of October, eighteen hundred and eighty-two, 
 and to provide for a contingent deficiency in the revenues of 
 the canals for the two fiscal years whicli end September 
 thirtieth, eighteen hundred and eighty-two, and September 
 thirtieth, eighteen hundred and eighty-three," are objected to 
 and not approved for reasons hereinafter stated : 
 
 That portion of the first paragraph, of section one which 
 reads as follows : 
 
 The salaries and traveling expenses of tlie Canal Appraisers, the clerk hire and 
 incidental expenses of their oflSce, 
 
 And also the fifth paragraph of section one, which reads as 
 follows : 
 
 For the salaries and traveling expenses of the Canal Appraisers and for the clerk 
 hire and incidental expenses of their oflBice, twenty-five thousand dollars, or so 
 mnch thereof as may be necessary. 
 
Public Papers op Governor Cornell. 101 
 
 These items are objected to and not approved for the reason 
 that an appropriation for the maintenance of the Canal 
 Appraisers' department for the ensuing fiscal year has already- 
 been made in the general appropriation bill, chapter 270 of the 
 Laws of 1882. 
 
 ALONZO B. CORNELL. 
 
 Order Revoking the Proclamation Declaring the Town 
 OF Greenwood, Steuben County, in a state of In- 
 surrection. 
 
 STATE OP NEW YORK, ) 
 Executive CnAitiBER. ) 
 
 Whereas^ On the 11th day of February last a proclamation 
 was made by me declaring, on the facts represented and 
 appearing, the town of Greenwood, in the county of Steuben, 
 to be in a state of insurrection, and commanding peace and 
 submission to lawful authority in said town ; 
 
 And whereas^ It is now made known to my satisfaction 
 that the cause or exigency no longer exists for the interven- 
 tion of the authority of the State, but that law and order do 
 now prevail in said town ; 
 
 Now^ therefore, It is hereby declared that the proclamation 
 aforesaid is by these presents and from this time revoked, 
 withdrawn and made of no further force or effect. 
 
 Given under my hand and the Privy Seal of the State, at 
 the Capitol, in the city of Albany, this thirteenth 
 [l. s.] day of June, in the year of our Lord one thou- 
 sand eight hundred and eighty-two. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Henry E. Abell, 
 
 Private Secretary. 
 
102 Public Papers of Govebnok Coenell. 
 
 Statement op Items Objected to in Assembly Bill No. 
 512, Appeopeiatiwg Money pob Awards made by the 
 Canal Appraisers. Approved. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 
 Albany, June 16, 1882. I 
 Statement of items dbjeoted to and not approved, contained in As- 
 sembly hill No. 512, entitled '■'■An act appropriaPmg mrniey to 
 pay certain awards made hy the Canal Appraisers, and interest 
 thereon, and to pay counsel and witnesses employed and subpos- 
 naed in behalf of the State." 
 
 The several items herein emimerated contained in Assembly 
 bill No. 512, entitled "An act appropriating money to pay 
 certain awards made by the Canal Appraisers, and interest 
 thereon, and to pay counsel and witnesses employed and sub- 
 poenaed in behalf of the State," are objected to and not 
 approved, for reasons hereinafter stated. 
 
 John F. and Grant Mersereau, by Samuel Probasco, their guardian, one hundred 
 and twenty-five dollars. 
 
 Charles Rodman, forty dollars. 
 
 The items are objected to and not approved for the reason 
 that there is not a sufficient amount appropriated to pay these 
 awards in addition to the other items named. It appears that 
 these items were inserted in the bill after the amount of the 
 appropriation had been determined upon. While the items 
 are just and proper, and should be paid, the fact that the 
 appropriation is inadequate, makes it seem better to exclude, 
 them from this bill in order that they may be included in the 
 next appropriation bill for such purposes. 
 
 ALONZO B. CORNELL. 
 
Public Papers of Goverkor Cornell. 103 
 
 Memorandum Filed with Assemble Bill No. 492, Amend- 
 ing THE Charter of the Village of Waterloo. Ap- 
 proved. 
 
 STATE OF NEW YORK: 
 
 ExEODTiVE Chamber, ) 
 Albany, June 19, 1882. \ 
 
 [Piled witli the Secretary of State.] 
 Memorandum filed with Assembly bill No. 492, entitled ''An act 
 to amend and consolidate the charter of the village of Waterloo.'" 
 Duly approved. 
 
 This is an elaborate and carefully prepared revision of the 
 charter of the village of Waterloo, and appears, in the main, 
 to be a desirable measure ; but it contains one provision 
 clearly unconstitutional, v^ith reference to the taking of pri- 
 vate property for public uses. It provides in this respect that 
 the village assessors shall appraise the value of property so to 
 be taken. The Constitution declares that "when private 
 property shall be taken for any public use, the compensation 
 to be made therefor, vrhen such compensation is not made 
 by the State, shall be ascertained by a jury or by not less than 
 three commissioners appointed by a court of record, as shall 
 be prescribed by law. ' ' The village assessors cannot therefore 
 be vested with this authority, and this portion of the bill 
 would be wholly void if it becomes a law. 
 
 Ordinarily this objection would be fatal to the bill ; but it 
 being manifestly desirable for the general interests of the vil- 
 lage, that the other features of the bill should take effect, its 
 approval in the present form seems justified, in the view, also, 
 that amendment in respect to the above noted defect may 
 hereafter be supplied. 
 
 ALONZO B. CORNELL. 
 
104 Public Papees of Gtovernoe Coknell. 
 
 Memoeandum filed with Assembly Bill No. 476, Pro- 
 viding FOE A State Aemoey at Teoy. Not Appeoved. 
 
 J 
 
 STATE OF NEW YORK : 
 
 Executive Chambee, 
 Albany, June 22, 1882, 
 
 [Filed with the Secretary of State.] 
 Memorandum filed with Assembly hill No. 476, entitled "An act to 
 provide fior the purchase of a site for and the erection of a State 
 armory at the city of Troy, and making an appropriation there- 
 for.''^ Not approved. 
 
 While nominally appropriating seventy -five thousand dol- 
 lars for the purchase of a site and the erection of an armory 
 in the city of Troy for the use of the National Guard in that 
 city, the bill, unfortunately, makes no provision for the pay- 
 ment of money, and no practical effect could, therefore, 
 follow its approval. The commissioners designated to conduct 
 the work would have no warrant to take definite action be- 
 cause of their inability to realize or command the funds in- 
 tended to be placed at their disposal. This oversight in the 
 wording of the bill renders it of no value beyond a declara- 
 tion of the intent of the Legislature. Should a future Legis- 
 lature fail to remedy the defect, it would be wholly inoperative 
 and useless. It seems better, consequently, to allow the entire 
 subject to go over, without further action, in order that it may 
 be passed upon hereafter, without embarrassment or preju- 
 dice. 
 
 ALONZO B. CORNELL. 
 
Public Papees of Governor Cornell. IDs- 
 
 Memorandum Filed with Senate Bill No. 319, Amend- 
 ing THE Charter of the City op Troy. Not Ap- 
 proved. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, June 22, 1882. i 
 
 [Filed vritli the Secretary of State.] 
 Memorandum filed with Senate hill No. 319, entitled " An act to- 
 a/mend an act entitled ' An act to amend an act to incorporate the 
 city of Troy, passed April twelfth, eighteen hundred and sixteen., 
 and the several acts amendatory thereof, and also to amend other 
 acts relating to the city of Troy,'' passed May third, eighteen 
 hundred and seventy, and also to amend other amendatory and 
 supplementary acts relating to the city of Troy, or some of the 
 departments of said city, passed since May third, eighteen hun- 
 dred and seventy.'''' Not approved. 
 
 Nearly every section of this bill provides for increasing the 
 salaries of city officers. The sum proposed to be added to the 
 present burden of the tax-payers of Troy can hardly be esti- 
 mated at less than $30,000 per annum. Not content with 
 advancing salaries now or hereafter, the fifteenth section pro- 
 vides for increasing certain salaries, to take effect from May 
 28, 1881. This is clearly in fatal conflict with two separate 
 sections of the Constitution. Besides augmenting city expen- 
 ditures, the bill removes several prudent if not indispensable 
 safeguards with respect to official accountability, and if 
 sanctioned, would probably lead to unfortunate results. With 
 such objectionable features the bill does not seem to contain 
 redeeming qualities sufficient to offset or overcome them. 
 Seldom, indeed, does a bill come before me with less of merit 
 to commend it to approval. 
 
 ALONZO B. CORNELL. 
 
106 Public Papers of Governor Cornell. 
 
 Memorandum filed with Assembly Bill, not printed, 
 relating to the taxation and assessment op the 
 Property of Certain Corporations in the City and 
 County of New York. Not Approved. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, 
 Albany, June 22, 1882. 
 
 [Filed with tlie Secretary of State.] 
 
 JMemorandum filed with Assembly hill, not printed, entitled ^^An 
 act relating to certain corporations, jovnt-stoch companies and 
 
 L associations in the city and county of New York, and the assess- 
 ment and taxation of property of the same for the purposes of 
 the local government of said city.'''' Not approved. 
 
 Objections to the enactment of this measure have been 
 made by the mayor, comptroller and corporation counsel of 
 the city of New York, which appear to be well founded and 
 sustained. The courts are now dealing with the principal 
 questions involved, and it is far better that a solution should 
 be reached by judicial determination than by the arbitrary 
 legislation proposed in the bill hereto annexed. 
 
 ALONZQ B. COENELL. 
 
 Memorandum op Objections Accompanying the Supply 
 
 Bill. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, \ 
 Albany, June 27, 1882. f 
 Statement of items of appropriation objected to and not approved, 
 contained in Assembly bill No. 246, entitled '■'An act making 
 appropriations for certain expenses of govern'ment and supply- 
 ing deficiencies in former appropriations.^^ 
 
 The several items herein enumerated, contained in Assembly 
 bill No. 246, entitled ' 'An act making appropriations for car- 
 
Public Papers of Governor Cornell. 107 
 
 tain expenses of government, and supplying deficiencies in 
 former appropriations," are objected to and not approved, 
 for reasons hereinafter stated. 
 
 For Benjamin F. Brady, for preparing and engrossing memorials of the pro- 
 ceedings of the Senate and Assembly relative to the death of Hon. Webster 
 Wagner, late Senator from the Eighteenth Senatorial district of this State, the 
 sum of eight hundred dollars, payable on the certificate of the committees of the 
 Legislature having charge of the preparation of the memorials, and on the audit 
 of the Comptroller. 
 
 This item is objected to and not approved, for the reason 
 that the sum named is regarded as excessive. While the 
 object is considered a proper one, nothing appears to justify 
 the payment of an unreasonable demand for the services per- 
 formed. 
 
 Of the item " For the State Entomologist," that portion which reads as follovrs : 
 " for the expenses of his office the sum of five hundred dollars, to be paid on 
 vouchers to be approved by the Comptroller ; and" 
 
 This item is objected to and not approved, for the reason 
 that the law under whi(;h the State Entomologist was ap- 
 pointed does not contemplate an expenditure of this charac- 
 ter, and nothing in the nature of the duties of the oiRce war- 
 rant such an appropriation. 
 
 For the erection of an armory for the use of the Seventeenth separate company 
 of infantry, at Flushing, Queens county, the sum of nine thousand dollars, to be 
 expended under the direction of the Adjutant-General, the Inspector-General and 
 the Chief of Ordnance, but no part thereof shall be expended until the title to the 
 land upon which such armory is to be constructed shall have been vested in the 
 State free from all incumbrances. 
 
 This item is objected to and not approved, for the reason 
 that the State has no need of an armory at Flushing. 
 
 For W. L. M. Phelps, for services in the preparation of the annual report on 
 railroads for the year eighteen hundred and eighty-one, three hundred and 
 twenty-five dollars, payable on the certificate of the State Epgineer and Surveyor, 
 to be refunded to the treasury by the several railroad corporations of this State 
 in proportion to their respective gross receipts, pursuant to chapter five hundred 
 and twenty-six of the Laws of eighteen hundred and fifty-five. 
 
 This item is objected to and not approved, for the reason 
 that section nineteen of article three of the Constitution pro- 
 vides that the Legislature shall neither audit ncr allow any 
 private claim or account against the State. 
 
108 Public Papers of Gtoverkor Cornell. 
 
 To Charles H. Peck, State Botanist, for expenses incurred by him in the dis 
 charge of his duties as Botanist in charge of the herbarium of the State Museun 
 of Natural History, between January first, eighteen hundred and eighty, am 
 January first, eighteen hundred and eighty-two, one hundred and fifty-four dol 
 lars and twenty-eight cents. 
 
 This item is objected to and not approved, for tlie reasor 
 that the Legislature is expressly prohibited from auditing oi 
 allowing any private claim or account against the State. 
 
 For the Comptroller, for payment of the expenses of the committees of th( 
 Senate and Assembly of eighteen hundred and eighty-two, appointed under reso 
 lutions of the two Houses to receive delegates from the Massachusetts Legislature, 
 the sum of one thousand and sixty dollars and sixty-nine cents, or so much thereol 
 as may be necessary. 
 
 This item is objected to and not approved, for the reason 
 that the sum named is not only an extravagant, but an unwar- 
 ranted provision for the object indicated. 
 
 For the Comptroller, for expenses of legislative committees and compensation 
 of witnesses in addition to all sums heretofore or herein appropriated therefor, 
 the sum of five thousand dollars. 
 
 This item is objected to and not approved, for the reasoE 
 that other appropriations made in this bill are considered 
 ample to provide for all proper expenditures of the charactei 
 indicated for the curren t year. 
 
 For the services and expenses of the agent appointed to investigate the condi 
 tion of asylums and other institutions of the State, and to ascertain their needs 
 for appropriations, the sum of one thousand dollars. 
 
 This item is objected to and not approved, for the reasor 
 that it is without proper authority, and of no apparent benefi! 
 to the State. No such agent has been designated by th( 
 Comptroller and there is no law authorizing such an appoint 
 ment by any other officer of the State. 
 
 For deficiency in appropriations for the compensation of stenographers ap- 
 pointed pursuant to chapter seven hundred and sixty-five of the Laws of eighteei 
 hundred and sixty-eight, five hundred dollars, to be paid only from moneys whicl 
 shall have been or shall be paid into the treasury for taxes levied for the pur 
 poses of said act, and in pursuance thereof. 
 
 This item is objected to and not approved, for the reasoi 
 that so much of chapter 765 of the Laws of 1868 as authorizec 
 the employment of stenographers, was repealed by chapter 41' 
 of the Laws of 1877, and the necessity of providing for anj 
 
Public Papers of Governor Cornell. 109 
 
 ■deficiency under the operations of that law, at this late day, 
 is not apparent. 
 
 For the justices of the Sujjreme Court in the second judicial district, not resid- 
 ing in the county of Kings, for additional compensation for services as such 
 justices, from October first, eighteen hundred and seventytwo, to October first, 
 ■eighteen hundred and seventy-seven, tvi^elve thousand five hundred dollars, and 
 for such services from October first, eighteen hundred and seventy-six, to October 
 first, eighteen hundred and seventy-seven, two thousand five hundred dollars, 
 pursuant to chapter seven hundred and sixty-five of the I.avrs of eighteen hundred 
 and sixty-eight, to be paid only from moneys which shall have been or shall be 
 paid into the treasury for taxes levied for the purposes of said act, and in pursu- 
 ance thereof. 
 
 This item is objected to and not approved, for the reason 
 that it is apparently intended to renew by appropriation cer- 
 tain claims of justices of the Supreme Court in the second 
 judicial district for increased compensation which were refused 
 by the Comptroller, during the period mentioned. Whatever 
 merit the claims may possess, this is not the proper way to 
 establish them. 
 
 For the stenographer, acting also as clerk of the Senate special railroad investi- 
 gating committee, five hundred dollars, or so much thereof as may be necessary, 
 payable on the certificate of the chairman of such committee. 
 
 This item is objected to and not approved, for the reason 
 that existing laws provide for the due compensation of legis- 
 lative employees, and ample appropriations have heretofore 
 been made for such purposes. 
 
 For the county of Cayuga, as an equitable reimbursement for certain expenses 
 incurred and paid for the two trials in eighteen hundred and seventy-three and 
 eighteen hundred and seventy-four, and the appeals thereon, of Michael Donohue, 
 a convict, indicted for the murder Of a convict in Auburn prison, including all 
 disbursements made necessary during the incarceration of said Donohue prior to, 
 pending and subsequent to the trials ; for like expenses incurred and paid for the 
 trials in eighteen hundred and seventy-four, of John Coughlin, Patrick Egan, 
 Thomas E. Hardy and Patrick ClifEord, convicts, indicted for assaults with deadly 
 ■weapons upon a keeper in said prison, including like disbursements ; for like 
 expenses incurred and paid for the trial in eighteen hundred and seventy-five, of 
 Edwin Thomas, a convict, indicted for the murder of a convict in said prison, in- 
 cluding like disbursements ; for like expenses incurred and paid for the trial, in 
 eighteen hundred and seventy-seven, of Harvey Thorpe, a convict, indicted for 
 the murder of a convict in said prison, including like disbursements ; and for like 
 expenses incurred and paid for the trial in eighteen hundred and seventy-seven, 
 of William Barr, a convict, indicted for the murder of a keeper in said prison, 
 including like disbursements, the sum of eight thousand and nine dollars. 
 
110 Public Papjbrs of Governoe Corbtell. 
 
 This item is objected to and not approved, for the reason 
 that the claims thus provided for are mostly barred by lapst 
 of time under section fourteen, article seven of the Constitu- 
 tion. The trials of Donohue, Coughlin, Egan, Hardy and 
 Clifford occurred in 1873 and 1874, and that of Thomas in 1875. 
 Only those of Thorpe and Barr have occurred within the time 
 in which claims can be considered under the Constitution. If 
 any allowance could properly be made on account of these 
 expenditures, the claims should first be passed upon by the 
 Board of Audit. The Legislature cannot evade the Constitu- 
 tional prohibition with reference- to the settlement of claims, 
 by declaring the appropriation to be an "equitable reimburse- 
 ment," as proposed in this item. 
 
 For the county of Clinton, to refund to it the expenses incurred and paid for 
 the trial, in eighteen hundred and eighty-one, of lienry King, a convict, indicted 
 for the murder of Michael Hamilton, in Dannemora prison, including all disburse- 
 ments made necessary during the incarceration of said King prior to, pending and 
 subsequent to the trial, the sum of eight hundred and forty-seven dollars and 
 twenty-four cents. 
 
 This item is objected to and not approved, for the reason 
 that the Legislature is expressly prohibited by the Constitu- 
 tion from auditing or allowing claims or accounts against the 
 State. The claim should be presented to the Board of Audit, 
 for its adjudication, when, if allowed, it will be competent for 
 the Legislature to make an appropriation for its payment. 
 
 For the services of a messenger for the committee on finance of the Senate for 
 the session of eighteen hundred and eighty -two, the sum of one hundred and fifty 
 dollars, payable on the certificate of the chairman of the committee. 
 
 This item is objected to and not approved, for the reason 
 that no such employee is provided for by the statute prescrib- 
 ing the officers and employees that may be elected, appointed 
 or employed by the Senate and Assembly ; and that act 
 expressly declares that no additional employees of this charac- 
 ter shall be elected or appointed. 
 
 For the clerk of the committee appointed by the Senate of eighteen hundred 
 and eighty-one, to investigate the affairs of the health officer's department of the 
 port of New York, the sum of five hundred dollars, payable on the certificate oi 
 the chairman of such committee. 
 
Public Papers of Goveknok Cornell. Ill 
 
 This Item is objected to and not approved, for the same 
 reason as stated for the disapproval of the last mentioned 
 item. 
 
 For the services of a special clerk of tlie committee on insurance of the Senate, 
 In the investigation of insolvent insurance companies, five hundred dollars, and 
 for the services of a special clerk of the committee on insurance of the Assembly, 
 in the investigation of insolvent insurance companies, three hundred dollars, to 
 he paid on the certificates of the respective chairmen of such committees. 
 
 Both of the'items in this paragraph are objected to and not 
 approved, for the same reasons stated for the disapproval of 
 the last two mentioned items. 
 
 For the commissioners of the land office, to pay the expense of locating, monu- 
 menting and mapping the line between the counties of Lewis and Herkimer, three 
 thousand dollars. 
 
 This item is objected to and not approved, for the reason 
 that very liberal appropriations have already been made for 
 the current year for work of this character, and unless the 
 special ubject designated in this item can be carried on in con- 
 nection with one or the other of tlie surveys now in progress, 
 it may well be delayed until after the expenditures incident 
 to those enterprises shall have ceased. 
 
 Of the appropriations for the New York State Reformatory at Elmira, the 
 several items which read as follows : " For building a boiler-house and removing 
 boilers from central building, eighteen thousand dollars ; for fitting up hospital 
 in northwest pavilion, five thousand dollars ; for erecting pump-house and pur- 
 chase of pumps and piping for water supply for domestic purposes, four thousand 
 dollars ; and for construction of reservoirs for water supply as protection against 
 fire, and purchase of steam fire engine, six thousand dollars." 
 
 These several items are objected to and not approved, for 
 the reason that in view of the enormous expenditures which 
 have heretofore been made for the construction and mainte- 
 nance of this institution, the State treasury should be ex- 
 empted from further drafts on account of improvements 
 therein, until other public works now in progress shall have 
 been completed and the burdens of the taxpayers on such 
 account shall have been materially diminished. 
 
 For the asylum for insane criminals at Auburn, for renewing and repairing 
 heating apparatus, providing for fire protection, and enlarging and furnishing 
 chapel, eight thousand dollars. 
 
112 Public Papers of Governok Cornell. 
 
 This item is objected to and not approved, for the reason 
 that adequate appropriations have already been made for the 
 ordinary repairs of this asylum, and the necessity of the 
 expenditure of this large sum for extraordinary purposes is 
 not regarded as sufficient to warrant such appropriation at 
 this time. 
 
 For securing additional religious instruction to convicts in the several State 
 prisons, fifteen hundred dollars, to be expended under tlie direction of the Super- 
 intendent of State Prisons. 
 
 This item is objected to and not approved, for the reason 
 that due provision has already been made in the regular 
 appropriation for the maintenance of the State prisons, for 
 the purpose indicated. 
 
 For the Superintendent of State Prisons, for the payment of the final estimate 
 for building a new dock at Sing Sing prison, pursuant to chapter two hundred 
 and fifty -two of the Laws of eighteen hundred and seventy-eight, and chapter 
 two hundred and seventy-two of the Laws of eighteen hundred and seventy-nine, 
 the sum of five thousand seven hundred and ninety-two dollars and sixty -two 
 •cents, payable on the certificate of the State Engineer and Surveyor. 
 
 This item is objected to and not approved, for the reason 
 that the claim should be passed upon by the Board of Audit 
 in order to determine the amount of the liability of the 
 State. It is not competent for the Legislature to fix the 
 amount to be allowed on a claim of this character. 
 
 That item in the paragraph making appropriations for the Binghamton Asylum 
 for the Chronic Insane, which reads as follows : " The sum of twenty thousand 
 dollars.'' 
 
 This item is objected to and not approved, for the reason 
 that it is considered an unreasonable amount to be appro- 
 priated to this institution, for the curi'ent year, in addition to 
 the sum appropriated by the remaining portion of this para- 
 graph. 
 
 Items in the paragraph making appropriation for the Hudson Kiver State Hos- 
 pital, which read as follows : "For construction of roadway under the' Hudson 
 River railroad, two thousand dollars." * » « "For coal sheds, one 
 thousand dollars." * * » "For refunding to maintenance account 
 for amounts drawn from it and expended in renewals, repairs and betterments, 
 twelve thousand dollars." * * « "Hereafter no money shall be 
 drawn and expended from the maintenance fund of any asylum except for the 
 support of patients. " 
 
Public Papers of Goveenor Cornell. 113 
 
 These several items are objected to and not approved, for the 
 reason that the balance of the appropriation made for this 
 institution is regarded as extremely liberal for the present 
 year. There is no good reason virhy ordinary repairs and aU 
 incidental expenses of asylums should not be paid out of the 
 maintenance fund. 
 
 Items in the paragraph making appropriations for the Buffalo Asylum for the 
 Insane, which read as follows : " For stock on farm, cows, pair working horses, 
 harness, wagon and sleigh, and fitting up milk-room, one thousand five hundred 
 dollars ; for painting and finishing walls and floors of administration building, 
 seven hundred and fifty dollars ; for cistern for storage of water to guard against 
 failure in supply, five hundred dollars ; for fitting up office and store-room with 
 shelving and other fixtures, two hundred and fifty dollars ; for erecting fence about 
 exercise grounds and putting grounds in condition for use of patients, one thou- 
 sand dollars ; for storm windows on administration building and dining-rooms of 
 wards, three hundred dollars ; for drain about the foundation of walls, five hun- 
 dred dollars ; for completing and furnishing of chapel, one thousand dollars." 
 
 These several items are objected to and not approved, for 
 the reason that they are mostly for purposes which are proper 
 to be provided for out of the maintenance fund, and should 
 not be made the object of special appropriation. 
 
 Items in the paragraph making appropriations for the Homoeopathic Asylum at 
 Middletown, which read as follows : " For tile floor throughout basement of main 
 building, fifteen hundred dollars ; " * * * '■ for renovating heating 
 apparatus in main building, six thousand dollars ; for repair of water-closets, one 
 thousand dollars ; for new pipe and for water supply, four thousand dollars ; for 
 addition to ice-house, five hundred dollars ; for medical library and surgical appli- 
 ances, five hundred dollars ; " * * * "and for fitting. up gymnasium 
 and workshop for patients, one thousand dollars." 
 
 These several items are objected to and not approved, for the 
 reason that the purposes indicated are mostly of a character to 
 be classed as ordinary repairs and incidental expenses, vs^hich 
 should be paid out of the maintenance fund, and should not 
 be provided for by special appropriation. 
 
 For the New York State Lunatic Asylum, for renewal and repairs of wards ten 
 and twelve of the women's department, and wards five and nine of the men's 
 department, twelve thousand nine hundred and seventy-six dollars and thirty- 
 eight cents ; and for three thousand three hundred and fifty feet of hose, sixty. 
 seven brass couplings, twenty-four plug pipes, six steel pick-axes and six holders 
 for same six fire-hooks, twenty- four hose spanners, and thirty-six rubber buckets, 
 two thousand and fifty -two dollars, to be expended under the direction of the 
 -trustees of the asylum, subject to the audit of the Comptroller. 
 8 
 
114 Public Papers of Governor Cornell. 
 
 Both of the items embraced in the foregoing paragraph are 
 objected to and not approved, for the reason that the purposes 
 indicated are in the nature of repairs and incidental expenses 
 proper to be provided for out of the maintenance fund, and 
 should not be the object of special appropriation. 
 
 For boring an experimental well to test the question of tlie existence of salt in 
 place on or near the Onondaga Salt Springs reservation, to he expended under 
 the direction of the Superintendent of the Onondaga Salt Springs, the sum of 
 ten thousand dollars. This appropriation shall be paid from the general fund out 
 of any money arising from the duties on salt not otherwise appropriated. 
 
 This item is objected to and not approved, for the reason 
 that it is not regarded as a judicious expenditure to be author- 
 ized at the present time. 
 
 For the payment of an award made by the State Board of Audit in favor of 
 Charles A. Danolds, April fifteenth, eighteen hundred and seventy-nine, for claim 
 arising under contract for work on the Elmira Reformatory, which award has 
 been affirmed by the Supreme Court and the Court of Appeals on appeals thereto 
 by the Attorney- General on the part of the State, the sum of sixty -five thousand 
 dollars, and for interest thereon the sum of twelve thousand three hundred and 
 fifty dollars. 
 
 These several items are objected to and not approved, for 
 the reason that the Attorney-Generalis of opinion that upon 
 a new trial of this case the claim might be reduced in whole or 
 in part by testimony which was not available upon the former 
 trial. The Attorney- General recommended the enactment of 
 authority by which he could move for a new trial in this case, 
 and also in the Worthington case ; but owing to the late date 
 this suggestion was made, legislative action failed. In view 
 of these facts, therefore, it seems proper that the appropria- 
 tion should be postponed until another Legislature be enabled 
 to deal further with the case as the interests of the State may 
 seem to warrant. 
 
 For the payment of an award made by the State Board of Audit in favor of 
 George Worthington, April fifteenth, eighteen hundred and seventy-nine, for 
 balance due on contract for iron work on Elmira Reformatory, which award has 
 been affirmed by the Supreme Court on appeal thereto by the Attorney -General on 
 the part of the State, and from which decision of affirmance the Attorney-General 
 declines to appeal to the Court of Appeals, the sum of twenty-five thousand dol- 
 lars, and for interest thereon the sum of four thousand six hundred and eighty, 
 seven dollars and fifty cents. 
 
Public Papers of Governor Cornell. 115 
 
 These several items are objected to and not approved, for 
 the same reason as stated for the disapproval of the last pre- 
 ceding item making appropriation for the Danold's claim. 
 
 For the payment of the award of the State Board of Audit to Timothy J. SuDi- 
 Tan, for the balance due him on contract for materials furnished and labor per- 
 formed for the New Capitol, as awarded March twelfth, eighteen hundred and 
 eighty, the sum of eight thousand three hundred and forty-six dollars and 
 eighteen cents, and for interest thereon the sum of one thousand and one dollars 
 and fifty-four cents. 
 
 This item is objected to and not approved, for the reason 
 that the party named has no valid claim against the State, 
 and that the action of the Board of Audit was taken without 
 having before it the fact that the claim had previously been 
 audited and settled by the New Capitol Commissioners ; and 
 also that the claimant accepted such settlement and receipted 
 for the amount allowed, thereby releasing the State from lia- 
 bility under his 'contract. 
 
 This claimant contracted in 1874 to furnish for the New 
 Capitol building rolled iron beams and girders of certain 
 specified dimensions. He found that ordinary conimercial 
 iron would not conform to the exact size which he had con- 
 tracted to deliver, and he applied to the architect to permit 
 him to make the necessary variation to avoid literal compli- 
 ance with his obligation. The architect refused to accept the 
 iron of less thickness than the contract called for, and hence 
 the contractor found himself obliged to choose between fur- 
 nishing the iron of the specified dimensions, or such as he 
 could purchase in the open market, slightly. thicker than was 
 required. And accepting the latter course as more favorable 
 to himself he decided to act accordingly. In November, 
 1875, after the contract was completed, the account was 
 audited by the New Capitol authorities at $59,961.82 less 
 $53,000 previously paid in the progress of the work. For the 
 balance, $6,961.82, the New Capitol Commissioners issued 
 their certificate, and tlie Comptroller's warrant dated Novem- 
 ber 23 1875, was accompanied by the following affidavit and 
 jeceipt, now on file in the Comptroller's oflSce: 
 
116 Public Papers of Goveenoe Cornell. 
 
 "State of New Yoek, | . 
 Albany City an d County, f 
 
 T. J. Sullivan, of Albany, New York, being duly sworn, 
 deposes and says, that the account rendered and the articles 
 specified in the annexed bill, iron beams and girders furnished 
 in accordance with contract, $59,961.82, were actually fur- 
 nished as charged to the 'New Capitol Commission,' for the 
 use of the State ; that the amounts stated therein are the true 
 and correct amounts due for the said articles and that the 
 prices charged for the said articles as stated in said account 
 are the fair cash market prices for the same, as this deponent 
 believes, and that the quantities and amounts are correctly 
 stated in said account. 
 
 (Signed) T. J. SULLIVAN. 
 
 Subscribed and sworn to this 23d day ) 
 of November, 1875, before me. ' 
 
 (Signed) Henry GtALLien, 
 
 Notary Public, Albany, N. Z." 
 
 The following receipt is also attached to the warrant : 
 
 ^'Teeasxjeer's Office, ] 
 
 State 'of New York. f 
 
 Received from Thomas Raines, Treasurer of this State, 
 sixty-nine hundred and sixty-one dollars and eighty-two 
 cents in full of the above warrant. 
 
 Albany, ISommber 23, 1875; 
 
 (Signed) T. J. SULLIVAN." 
 
 Among other stipulations contained in the contract was the 
 following : 
 
 " It is further agreed between the said parties that this con- 
 tract is entered into upon the condition that the said party of 
 the second part shall not apply to the Legislature for any 
 •compensation over and above the prices named in this con- 
 tract for any beams, girders, or other material delivered." 
 
 It therefore appears that the account was audited and settled 
 by the New Capitol Commissioners in full conformity with 
 law, and liquidated by the Comptroller upon an unqualified 
 voucher from the claimant, who also swore that "the account 
 j-endered and articles specified in the annexed bill, iron beams 
 
Public Papebs of Goveknor Coknell. 117 
 
 and girders furnished in accordance with contract, $59,961.82,. 
 were actually furnished as charged to the New Capital Com- 
 mission for the use of the State ; that the amounts stated 
 therein are the true and correct amounts due for the said 
 articles, and that the prices charged for the said articles as 
 stated in said account are the fair cash market price for the 
 same." The evidence before the Board of Audit failed to dis- 
 close these detailed circumstances. It is safe to assume that 
 with a full and fair presentation of the case the Board of 
 Audit would never have made this award. 
 
 Added to the other objections to this item, it is in fatal con- 
 flict with the Constitutional restriction, which prohibits the 
 Legislature from granting any extra compensation to any 
 public officer, servant, agent or contractor. This claim having 
 been duly audited and settled, any further allowance must be 
 regarded as extra compensation. 
 
 Items in the paragraph making appropriations for the commissioners of quaran- 
 tine, which read as follows : "For repairs of dock, arid for dredging at upper 
 hoarding station, one thousand dollars ; for cutting and grading road-way at upper 
 hoarding station, in fulfillment of contract made by the State on the purchase of 
 the property in eighteen hundred and seventy -three, one thousand one hundred 
 dollars ; for repairs of the hospital ship Illinois, five hundred dollars ; for repairs 
 of the steamboat N. K. Hopkins, five hundred dollars.'' 
 
 These several items are objected to and not approved, for 
 the reason that the objects indicated are proper to be paid for 
 out of the general appropriation for the "care, maintenance 
 and repair of the quarantine establishment," and therefore 
 special appropriation is not necessary to provide for them. 
 
 For the commissioners of quarantine to pay for work, labor and services 
 rendered, and materials supplied by Henry P. Kirkham, in the repair of the 
 hospital ship " Illinois " and the steamer " N. K. Hopkins," in eighteen hundred 
 and seventy-nine, fifteen hundred and twenty dollars and forty-one cents. 
 
 This item is objected to and not approved, for the reason 
 that the claim should be passed upon by the Board of Audit. 
 The Legislature is expressly prohibited from auditing or 
 allowing a claim of this character. 
 
 For the State Normal and Training School at Oswego, for the instruction of 
 teachers in a kindergarten department in connection with said school, to be ex- 
 
118 Public Papers or Governor Cornell. 
 
 pended upon the approval of the Superintendent of Public Instruction, two thou- 
 sand dollars. 
 
 This item is objected to and not approved, for tlie reasoa 
 that abundant provision has already been made for instruction 
 of teachers in the normal schools. 
 
 To reimburse the several counties of this State, for the care and maintenanoa 
 of State i^risoners in the several penitentiaries of this State, and to pay the several 
 counties for cost of maintaining criminals under chapter one hundred and seventy- 
 six of the Laws of eighteen hundred and eighty, the sum of thirty thousand 
 dollars. 
 
 This item is objected to and not approved, for the reason 
 that the ordinary appropriation for the purpose indicated is 
 deemed ample to discharge all just obligations of the State to 
 the several counties for the care and maintenance of State 
 prisoners. While the penitentiaries are offering to keep 
 United States prisoners without cost, besides paying for their 
 transportation, there is no good reason why the State should 
 be expected to pay an extraordinary rate for its prisoners, 
 especially when they can be provided for in the State prisons 
 without such expense. 
 
 ALOJSrZO B. COENELL. 
 
 Memorandum Filed with Assembly Bill "No. 589, Relat- 
 ing TO Street Railroads. Not Approved. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 Albany, June 28, 1882. i 
 
 [Filed with Secretary of State.] 
 Memorandum filed with Assembly Mil No. 589, entitled '■'■An act 
 to provide for the construction, maintenance and operation of 
 street railroads in cities, tovms and villages.'" 
 
 Whatever merit of a general character this bill possesses, it 
 seems to be outweighed by objections made by the mayor and 
 comptroller, as well as by citizens of the city of Few York, 
 who claim that the public interests of that city are not suffl- 
 
Public Papers op Governor Cornell. 119 
 
 oiently protected from abuse. The third section of the biU 
 provides that the local authorities of the city of New York 
 shall not consent to the construction of any surface railways 
 in said city without securing payment into the city treasury 
 of such consideration as said authorities shall determine ; nor 
 shall they consent to the location of a surface railway in 
 Broadway from the Battery to Fourteenth street, without first 
 securitig payment to the city treasury of a bonus of at least 
 $750,000, and such additional consideration as said authorities 
 may see fit to prescribe. 
 
 During the last thirty years immense private fortunes have 
 been accumulated from street railway franchises in the city of 
 New York, which, owing to inconsiderate legislation, have 
 been granted without adequate compensation to the city. 
 Had there been incorporated into the laws authorizing these 
 grants, suitable provisions for securing to the city a portion 
 at least of their ultimate value. New York would now realize 
 a revenue from such source that would largely diminish the 
 burden of taxation imposed to defray the expenses of its 
 government. The future growth of the metropolis will make 
 many franchises hereafter granted, very valuable, and hence, 
 profiting by unmistakable errors in past legislation, subse- 
 quent laws should securely provide for the payment into the 
 city treasury, of a reasonable percentage on gross receipts; 
 or, instead thereof, should, provide for reduced charges or 
 fare, in order that the people shall obtain direct benefit from 
 the appreciated value of the respective franchises. 
 
 Two distinct objections may be stated to the provision of 
 -this bill authorizing the local authorities that grant the use of 
 streets, to fix the rate of compensation for the same. 1. The 
 money value of these railroad franchises cannot well be esti- 
 mated in advance. It remains an unknown quantity until 
 •determined by a practical method of fixing a percentage on the 
 'earnings or gross receipts. This principle should be established 
 
120 Public Papeks or Goveenoe Coenell. 
 
 by law, and not left to the option oi the common council. 
 2. Experience has demonstrated in repeated instances, that 
 the common council of a great city is not the safe custodian of 
 such interests and authority as proposed in this bill. It has 
 happened often, that selfish considerations have intervened 
 and controlled the action of such body, to the manifest detri- 
 ment of the public welfare. The fact that this is a general 
 measure, which, if enacted, would become the fixed law rela- 
 tive to street railway franchises, the conferring on the com- 
 mon council of New York city authority to determine the 
 rate of compensation in such cases, renders it a matter of more 
 than ordinary concern. 
 
 ALONZO B. CORNELL. 
 
 Memoeandum Filed with Assembly Bill No. 215, to 
 . Establish a Civil Code. Not Appeoved. 
 
 STATE OP NEW YORK : 
 
 Executive Chambee, 
 Albany, July 1, 1882. 
 
 [Filed with. Secretary of State.] 
 
 Memorandum filed with Assembly hill No. 215, entitled "An act to 
 establish a Civil Code." 
 This bill makes many manifestly radical changes in long 
 and well established laws and usages beyond what could have 
 been contemplated in the Constitution with reference to codi- 
 fication. Ideas and principles are attempted to be introduced, 
 which as separate propositions, in independent bills, would 
 hardly command support. To act hastily, or unadvisedly, in 
 accepting such a measure, and giving it the force of law, 
 would be unwise and dangerous. The appropriate time to 
 consider its provisions, some of which are very generally 
 criticised and condemned, is before it becomes a complete 
 enactment. It is almost an accepted fact that this code, if 
 
PiTBLIO PaPEES op GOVERNOR CORNELL. 121 
 
 approved, would require amendment in many inportant par- 
 ticulars. In this view and for such purpose one brancli of 
 the Legislature, after the passage of the bill, provided for a 
 commission to examine it during the adjournment, and report 
 proper and necessary amendments at the next session. This 
 is an implied admission, at least, that in its present shape the 
 code is imperfect, and susceptible of such change and im- 
 provement as to command consideration of a special commit- 
 tee ; and for the purpose and to the end that defects be 
 eliminated, the time of its taking effect was postponed until 
 May 1, 1884. To pass laws with conceded faults, and defer 
 their operation until some other Legislature shall have cor- 
 rected them, is unsafe and unadvisable, especially in so im- 
 portant a case as that of a code affecting almost every relation 
 of life. Too much reliance has been placed on future Legis- 
 latures to correct mistakes and supply needed amendments. 
 The responsibility should not thus be transferred, with no 
 kind of authority to compel it. To avoid possible wrong, or 
 the omission of thie succeeding two Legislatures, it seems pre- 
 ferable to remit the bill in its entirety for legislative action, 
 rather than give it now the form and force of an enactment. 
 
 ALONZO B. CORNELL. 
 
 Memorandum Filed with Senate Bill JSTo. 282, Appro- 
 priating Monet for the Erection of an Armory in 
 Kings Cotjntt. Not Approved. 
 
 STATP] OF NEW YORK : 
 
 Executive Chamber, | 
 Albany, Jtily 1, 1882. I 
 
 [Piled with Secretary of State.] 
 
 Memorandum filed with Senate Mil No. 282, entitled "An aat 
 ream)ropriating money for the erection of an armory in the 
 coimty of Kmga." 
 While nominally appropriating one hundred thousand dol- 
 
122 Public Papers of Governor Cornell. 
 
 lars for the erection of an armory for the National Guard Ih 
 the city of Brooklyn, this bill fails to make any provision for 
 the payment of the money out of the treasury. Hence, the 
 only effect of its approval would be to set aside, in the State 
 treasury, this amount of money for the purpose indicated to 
 await the action of a future Legislature. Nothing could be 
 done by the commissioners charged with the duty of erecting 
 the building until further legislation be secured ; and inas- 
 much, therefore, as the enactment of this bill would accom- 
 plish no substantial progress toward the object sought, it is 
 quite useless to approve it. 
 
 ALONZO B. CORNELL. 
 
 Memorandum Filed with Assembly Bill No. 397 — the 
 Military Code. Not Approved. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, ) 
 Albany, July 1, 1882. S 
 
 [Filed with the Secretary of State.] 
 
 Memorwridum filed with Assembly hill No. 397, entitled '■'■An aot 
 to provide for the enrollment of the Tnilitia, for the organization 
 and government of the National Guard of the State of New 
 York, and for the public defense, and entitled the Military 
 Code:' 
 
 Desirable as a new Military Code may be, this bill contains 
 some features which forbid its approval. From beginning to 
 end it involves an increased expenditure for military purposes. 
 The very lowest estimate made of the increased cost of the 
 military establishment under this code, as compared with the 
 present law, and on a calculation for the smallest minimum 
 of force, and without estimaling for any actual service what- 
 ever, may be stated at $95,000 per annum ; and this is proba- 
 bly $20,000 or $30,000 lower than experience would demon- 
 
Public Papees of Goveenob Coenjkll. 123 
 
 strate. Should tlie necessity for considerable service arise by 
 reason of any disturbed condition of the public peace, the 
 increased expense consequent upon the enactment of this 
 code, would be very much larger than the amount stated. It 
 is difficult to realize what advantages could follow the enact- 
 ment of this measure to justify such enlarged expenditures. 
 Changes in the mode of military appointments provided in 
 the bill require that it should have been passed by a two- 
 thirds vote in order to conform to the constitutional provision 
 in this regard ; whereas, it is certified by the officers of the 
 two houses as having been passed by a three-fifths vol e. It 
 may be fairly held, therefore, that the law, if enacted, would 
 be challenged and set aside by reason of the insufficient certi- 
 fication of its adoption. Another very serious defect is found 
 in the omission of any provision for the auditing of accounts 
 and claims against the State for military purposes. This of 
 itself is a very substantial if not wholly fatal objection to the 
 bill. There are also other features which are subject to serious 
 criticism, but it is hardly necessary to enter into further detail 
 
 on the bill at this time. 
 
 ALONZO B. CORNELL. 
 
 Memorandum Filed with Assembly Bill No. 548, Peo- 
 
 VIDING EOE THE TeANSFER TO THE STATE TREASURER OF 
 
 Receivers' Trusts. Not Approved. 
 
 STATE OP NEW YORK : 
 
 Executive Chamber, ] 
 Albany, July 1, 1882. i 
 
 [Filed with Secretary of State.] 
 
 Memorcmdum filed with Assembly lill No. 548, entitlcrl ''An act to 
 provide for the more speedy and economical settlement of the 
 affairs of sa/oings hanks, trust companies, loan and trust compa- 
 nies and insurance companies organized or incorporated under 
 the laws of this State, which are or may become insolvent." Not 
 approved. 
 Fully reaUzing the force of public sentiment demanding the 
 
 abolition of abuses heretofore frequently occurring m the 
 
124 Public Papers of Goveknor Cornell. 
 
 winding up of insolvent corporations, it has been my earnest 
 desire to approve tMs measure. Careful consideration of the 
 various provisions of the bill, however, impels me irresistibly, 
 but reluctantly, to the conclusion that it cannot safely be 
 allowed to become a law. In two essential particulars there 
 is serious question whether it is not in direct antagonism with 
 the Constitution. Should the affirmative view be confirmed 
 by judicial decision the act would be worse than useless, and 
 inevitably result in serious complications and much expensive 
 litigation. 
 
 The first section provides that " all property and estate, real 
 and personal, moneys, ci-edits, claims and effects of every 
 name and nature now vested in any receiver of any insolvent 
 savings bank, trust company or insurance company shall on 
 motion of the Attorney- General be transferred to and vested 
 in the Treasurer of this State, who on such motion shall be 
 made receiver of the same, and shall forthwith take possession 
 thereof." Section two directs that "the treasurer as receiver 
 of any such insolvent corporation, shall forthwith proceed 
 with diligence to collect and reduce to money all its estate and 
 assets and distribute the same among the parties entitled 
 thereto according to law, and within one year after he shall 
 become receiver the affairs of such insolvent corporation shall 
 be settled. For sufficient cause shown, the courts, upon 
 application of said Treasurer, may extend the time for that 
 purpose, not to exceed six months." The Constitution vests 
 the Supreme Court "with general jurisdiction in law and 
 equity subject to such appellate jurisdiction of the Court of 
 Appeals as now is or may be prescribed by law." While it is 
 not here questioned that laws may be enacted to regulate the 
 appointment of receivers thereafter, it is by no means clear 
 that the Legislature can arbitrarily remove an officer of the 
 Supreme Court in actual possession of an insolvent estate of 
 which the court has already acquired jurisdiction in pursu- 
 
Public Papers of Governor Cornell. 125 
 
 ance of the Constitution and statutes, and designate another 
 officer to receive and administer the trust without reference to 
 the judgment or discretion of the court. The proposition that 
 the assets now vested in receivers shall, on motion of the 
 Attorney-General, be transferred to and vested in the Treas- 
 urer, can only be regarded as a legislative direction that the 
 Supreme Court shall miike a certain order as to property 
 actually in its custody and under its control, for the purpose 
 of final adjudication. This is a manifest interference with the 
 jurisdiction of the court in a matter actually in litigation 
 relating to property held by the court to await its decision. 
 
 The ninth section provides that the "Treasurer as such 
 receiver shall forthwith deposit all moneys tliat shall come 
 into his hands from the assets of insolvent corporations in 
 such banks in Albany as may be designated to receive on 
 deposit the moneys of the State to the credit of the Treasurer 
 as receiver of the corporation to which it shall belong, and 
 such moneys shall be disbursed by cliecks made by the Treas- 
 urer as receiver, countersigned by the Attorney-General." 
 The Constitution says ' ' no moneys shall ever be paid ovA of 
 the Treasury of this State, or any of its funds, or any of the 
 funds under its management, except in pursuance of an appro^ 
 priation by law, * * * and every such appropri- 
 ation shall distinctly specify the sum appropriated, and the 
 object to which it is to be applied." Will not the moneys to 
 come into the hands of the Treasurer as receiver constitute 
 various "funds under the management of the State?" If so, 
 they must remain in his custody until by law the funds are 
 duly appropriated. Such delay would cause undue hardship 
 to creditors who should be paid as promptly as possible. The 
 Treasurer is not to be receiver as an individual, but receiver, 
 ex-offlcio. If fclie office of Treasurer become vacant, the 
 receivership will also be vacant ; and the succeeding Treasurer 
 will become receiver by virtue of his office. How, then, is the 
 
126 Public Papers of Goveenoe Coenell. 
 
 receiver to be separated from the Treasurer ? And how are 
 the funds in his hands to be kept out of the Treasury ? What 
 is the Treasury of the State mentioned in the Constitution ?' 
 It is not the particular place for the keeping of money like the 
 United States Treasury. It is simply the designation or name 
 for the moneys in the custody of the Treasurer ; but actually 
 deposited in certain designated banks to his credit, precisely 
 as this bill requires the deposit of moneys to the credit of the 
 Treasurer as receiver. How, then, will these funds differ from 
 other funds under the management of the State in its Treas- 
 ury ? Section eleven directs that any dividend due a creditor,, 
 which shall not be called for within one year, "shall be 
 covered into the sinking fund of tJje State for the benefit of 
 the owner thereof." This language indicates that the money 
 is already in the Treasury so as to be covered into the sinking 
 fund ; otherwise, it would need to be paid into the Treasury to- 
 the credit of the sinking fund. 
 
 Aside from the foregoing questions there are other features 
 of- the bill, the propriety and application of which may be- 
 seriously doubted. Thus : 1. Depriving the courts of all' 
 discretion as to the amount of security to be given by the- 
 Treasurer aS receiver. Before entering upon his duties he is- 
 to execute a bond for $25,000, but it is not quite certain 
 whether this means one general bond or a separate bond in. 
 each case. 2. The limited time in which each estate is re- 
 quired to be closed up. In the case of serious litigation it- 
 might be impossible to properly administer upon an important 
 corporation within eighteen months; still the terms of the 
 bill imperatively require every case to be closed in that time. 
 3. Prohibiting an appeal from the order of the court on the 
 report of a referee fixing the compensation of counsel. This 
 would make possible the repetition of extravagant allowances . 
 aimed to be prevented, and which have heretofore brought 
 scandal on the law and the courts. 4. Removing the business • 
 
Public Papers of Governob Cornell. 127 
 
 of a local corporation to Albany may often lead to serious 
 inconvenience and disadvantage in the conduct of its affairs. 
 6. Allowing the Treasurer and the Attorney-General to deter- 
 mine the amount of conipensation to be paid to their assist- 
 ants out of the assets of insolvent corporations without con- 
 firmation by the court, affords unusual latitude. 6. Prohibiting 
 the court to permit the intervention of an interested party 
 except on the certiiicafce of the Bank Department or Insurance 
 Superintendent, is calculated to work harm. The discretion 
 of the court should never be abridged to such extent. 7. 
 Covering unclaimed dividends, into the sinking fund at the 
 expiration of one year would also be likely to cause unreason- 
 able trouble to parties entitled to their money on demand. 8. 
 Making the assignment of a claim against an insolvent savings 
 bank or insurance company invalid after the date such cor- 
 poration shall be adjudged insolvent would frequently cause 
 inconvenience, and sometimes, actual suffering. Besides, .to 
 deprive a person of the right to assign a claim comes little 
 ■short, if it dpes not in effect deprive one of property without 
 
 due process of law. 
 
 ALONZO B. COKNELL. 
 
 Memorandum Filed with Assembly Bill No. 794, Provid- 
 ing FOR the Hearing of Claims by the County of 
 Cayuga. 
 
 STATE OF NEW YOKK : 
 
 Executive Chamber, ) 
 
 Albany, July 1, 1882. i 
 
 [Filed with Secretary of State.] 
 
 Memorandum filed with Assembly hill No. 794, entitled ''An act to 
 authorise and empower the State Board of Audit to hear, audit 
 and determine the claim of Cayuga cotonty for moneys expended 
 in the trial of convicts for crimes committed during their im- 
 prisonment in Auburn State Prison, and to make an award 
 therefor Not approved. 
 This bill is designed to authorize the Board of Audit to 
 
 hear, audit and determine the claim of Cayuga county for 
 
128 FUBLIC FAPEKS OF ljrOV±;KJ<U±t VUKIV-Cii-L,. 
 
 moneys expended for the criminal prosecution and conviction, 
 of eight prisoners in the Auburn State Prison, charged with 
 crimes committed therein, during several years from 1873 to 
 1877, and to adJusL and award the amount thereof. Six of 
 these prosecutions occurred during the years 1873, '4, and '5, 
 and are therefore clearly barred by lapse of time pursuant to 
 the provisions of the fourteenth section of article seven of the 
 Constitution. It is, therefore, incompetent for the Legislature 
 to authorize the Board of audit to audit and allow claiims thus 
 
 barred. 
 
 ALOlSrZO B. CORNELL. 
 
 Memorandum Filed with Assembly Bill Ko. 500, Con- 
 solidating THE Local Laws Relating to the City of 
 New York. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, | ' 
 Albany, July 1, 1883. ) 
 
 [Filed witli Secretary of State.] 
 Memorandum filed with Assembly hill No. 500, entitled '■'•An act to 
 
 consolidate into one act and to declare the special and local Iwws 
 
 affecting public interests in the city of New YorhP Duly 
 
 approved. 
 
 The bill to consolidate and declare the local laws relating to 
 New York city, consisting of seven hundred and fourteen 
 printed pages, reached the Executive Chamber the day follow- 
 ing the adjournment of the Legislature. It would, of course, 
 be impossible to make an exhaustive examination of a bill of 
 such magnitude in the brief time allowed by the Constitution, 
 crowded as it has been with the labor of examining more than 
 two hundred other bills. Such attention as it has been pos- 
 sible to devote to this measure makes it appear to be a faithful 
 and careful codification of existing laws. This view is con- 
 
Public Papers of Governor Cornell. 129 
 
 firmed by the statements of the comptroller and corporation 
 counsel of the city of New York, and also by the committee 
 designated by the Bar Association to examine the bill and 
 report thereon. The measure was prepared and presented for 
 the consideration of the Legislature, pursuant to chapter 594 
 of the Laws of 1880, and chapter 572 of the Laws of 1881. As 
 it does not take efPect until March 1, 1883, the next Legisla- 
 ture will be enabled to correct any errors which may meantime 
 be discovered. 
 
 ALOJSrZO B. CORNELL. 
 
 Statement Referred to Above. 
 
 Law Bepartmen'j", ) 
 
 Office of the Counsel to the Corpohation, v 
 New York, June 9th, 1882 ) 
 His Excellency, Alonzo B. Cornell : 
 
 My Dear Sir : An absence fiom the city for some days has 
 delayed a reply to your note asking my opinion with regard 
 to the codification of the laws relating to the city of New 
 York, which passed the Legislature at its recent session. 
 
 It is of course a very difficult work to get done without 
 some errors occurring, but I know that it is the result of most 
 conscientious labor on the part of Messrs. Bliss and Olney, 
 and great care has been taken to avoid errors. 
 
 Each department of the city government has been allowed 
 an opportunity to criticise the work, and a very large number 
 of the most prominent lawyers at the bar have been requested 
 to examine and offer criticisms upon it. 
 
 This office has given such examination of the work, from 
 time to time, as was possible with our other absorbing duties. 
 On the whole, I should consider it a great public benefit if 
 it should become a law. 
 
 In saying this I do not for a moment suppose that there are 
 not some errors in the work, but I believe there are no inten- 
 tional ones, and none that cannot be readily corrected if 
 found. And I think that such a work would be rarely found 
 as free from them as this. 
 
 With thanks for your courtesy, 
 
 I remain, yours very truly, 
 
 W. C. Whitney. 
 
130 Public Papers of Goveknoe Cornell. 
 
 To His Excellency the Governor : 
 
 The undersigned respectfully represent that Assembly bill 
 No. 500, entitled "An act to consolidate and revise several 
 special and local laws affecting public interests in the city of 
 New York," has been referred by the association* of the bar 
 of the city of New York to its committee on the amendment 
 of the law, of which we are members. 
 
 The labor of critical examination of the act and careful 
 collation of its provisions wivh the many statutes from which 
 it is compiled, would practically, or to a considerable extent, 
 be a repetition of the work of the commission, which reported 
 it to the Legislature. 
 
 The members of this commission are well known to us. 
 Their fitness for the task can be regarded as unquestionable. 
 Their assurance that the act is in truth what it purports to be, 
 a faithful revision of existing laws, and that it embodies no 
 innovations or changes of these laws, cnn, in our judgment, 
 be safely relied upon, and it is verified by such examination 
 as we have individually been able to give to the subject. 
 
 It cannot be necessary to explain the value of such a revision 
 to the city, and to all who are concerned in its administration, 
 whether as magistrates or citizens. 
 
 It is not improbable that some errors may have crept into 
 "the act. In view, however, of the scrutiny to which each 
 .provision has been subjected by more than one member of the 
 commission, it is not believed that these errors will prove to 
 .be many or serious, and they can be hereafter corrected. 
 
 It may be proper to add that our views are upon the suppo- 
 tsition that the Legislature has not made material changes in 
 the revision as it was reported by the commission. 
 
 We would respectfully commend the act to your favorable 
 consideration, in the hope that it may be approved and 
 become a law. 
 
 New York, June 22, 1882, 
 
 Clifford A. Hand. 
 Charles C. Beaman, Jr. 
 David MoCltjre. 
 William B. Hornblower. 
 David J. Dean. 
 Elial F. Hall. 
 
Public Papers of Governor Cornell. 131 
 
 City of New York, \ 
 
 Finance Department — Compt holler's Office, >■ 
 
 June 27t7i, 1882. ) 
 
 To Governor A. B. Cornell : 
 
 Dear Sir : Assembly bill No. 500 is an act to consolidate 
 and revise several special and local laws affecting public inter- 
 ests in the city of New York, which has passed both branches 
 of the Legislature, and is now before you. 
 
 I learn that the printed bill (a volume) will be acted upon 
 by the Governor, without engrossment as in ordinary cases, 
 thus saving errors in copying. 
 
 During the work of consolidation by the commissioners, 
 Bliss, Whitney and Olney, I was consulted as commissioner 
 of public works, and since as comptrolh-^r, in regard to the 
 laws relating to the departments of public works and finance, 
 and furnished information desired by the commissionersL 
 
 The work will be of great value to the city, as I have 
 already had occasion to ascertain, by reference to the volume 
 first published by the commissioners, which contained all the 
 original laws, side by side with those as consolidated. Believ- 
 ing that the printed volume now before you is correct, I trust 
 that it may become a law by your approval. 
 
 Very respectfully, 
 
 Allan Campbell, 
 
 Comptroller. 
 
 Memorandum Filed with Assembly Bill No. 764, Making 
 AN Appropriation for the Commissioners of Emigra- 
 tion. Approved. 
 
 STATE OF NEW YOEK : 
 
 Executive Chamber, ) 
 Albany, July 1, 1882. i 
 
 [Filed with the Secretary of State.] 
 Memorandum filed with Assembly bill No. 764, entitled " An ad 
 
 making an appropriation for the Commissiorhers of Emigration.'''' 
 
 Duly approved. 
 
 Action on this bill has been delayed untU the last day of the 
 Constitutional limit, in the hope that Congress would pass 
 
132 Public Papers of Governor Cornell. 
 
 the immigrant tax bill, and thus provide for the future necf 
 sities of this service. At this date, hovtrever, the fate of th 
 measure is still undetermined,' having yet to depend on t] 
 action of the Senate and the President. The steamship coi 
 panies have been constrained to enter into a temporary coi 
 promise from whi(!h they are liable to recede in the event 
 the failure of the Congressional bill. Meantime the Com mi 
 sioners of Emigration have pressing need of the $50,000 pr 
 vided by this bill to repair the buildings belonging to tl 
 State on Ward's Island, and hitherto sadly neglected; an 
 also, about $40,000 to discharge obligations incurred prior 
 the beginning of payments by the steamship companies, ai 
 interest on the Ward' s Island mortgage due this day. 
 
 The Commissioners have pledged themselves, over the 
 individual signatures, that, in case Congress imposes tl 
 immigrant tax, or that the steamship companies continue the 
 payments, as at present made, no more than $90,000 of th 
 appropriation shall be drawn from the State treasury. Undi 
 these circumstances the only prudent course now presented 
 to approve the bill, in the hope that the $90,000 only will 1 
 required. In the event of the failure of Congressional actioi 
 and the refusal of the companies further to contribute, tl 
 honor and best interests of the State, and of humanity, see: 
 to demand a continuance of this burden until relief sha 
 come, as it must finally come, from national legislation. 
 
 ALONZO B. CORNELL. 
 
 Office of the Commissioners of Emigration ) 
 
 OF THE State of New York, I 
 
 Castle Garden, N. Y., June 30, 1882. ) 
 
 To Bis Excellency, Alonzo B. Cornell, Governor : 
 
 Sib : The Commissioners of Emigration of the State of Ne 
 York respectfully represent to you that at the last session i 
 the Legislature an act was passed appropriating the siim > 
 $200,000 to maintain the commission for the year ending Ms 
 1st, 1883. That since said act was passed a bill has bee 
 
Public Papers of Goveknok Cornell. 133 
 
 introduced in Congress levying a tax of fifty cents per capita 
 on each alien passenger landed at any port in the United 
 States, and the commissioners have reason to believe that this 
 bill vs^ill become a lavi^ before the close of the present Con- 
 gress. Should such act be passed by Congress v^e are of the 
 opinion that only a portion of the appropriation made by the 
 Legislature will be required. 
 
 The amount of $50,000, specially appropriated for repairs 
 to the buildings under the charge of the board, will, in the 
 opinion of the commissioners, be needed. The amount now 
 due and. unpaid by the commission, for supplies, salaries, etc., 
 is $35,000 ; and there will be also due on July 1st next, $5,000, 
 for interest on the mortgage on Ward's Island. Should the 
 act now before Congress become a law no more of the appro- 
 priation will be needed, and the undersigned hereby pledge 
 for the board and for themselves that there will not be drawn 
 by the Commissioners of Emigration any more than the 
 amount of $90,000 above named, provided that the steamship 
 companies continue to pay, as at present, the sum of fifty 
 cents per alien passenger, or that Congress shall enact the bill 
 now before it levying this tax. 
 
 We are, sir, your obedient servants, 
 
 Edmund Stephenson. 
 
 Charles N. Taintor. 
 
 Geo, Starr. 
 {Official Seal] Geo. J. Forrest. 
 
 Charles Hauselt. 
 
 Jambs Lynch. 
 
 Dismissal of Charges against Judge Silas D. Gifford. 
 
 STATE OF NEW YORK: 
 Executive Chamber, 
 Albany, July 6, 1882. 
 
 In the Matter of Charges 
 (jbgaimt 
 ■SILAS D. GIFFORD, Cotjntt Judge of the 
 ■County op Wbstchbstbe, preferred by 
 ANDREW McPALL. 
 
 It becomes the duty of the Governor on receiving charges 
 'against a public officer subject jjto removal by him, pur- 
 
134 Public Papers of Governor Cornell. 
 
 suant to the Constitution or the statutes, to make due in- 
 vestigation thereof, and decide on the evidence educed, by 
 either of the methods provided, as to him may appear practi- 
 cable. It would be a perversion of duty to undertake to 
 determine a complaint made in due form, on personal grounds, 
 or in any manner not contemplated by the mode of procedure 
 foUovs^ed in such oases, whoever may make the charges, or 
 whatever oflBcer be the party accused. In the above entitled 
 case careful inquiry and investigation have been made, ample 
 time having been afforded the parties concerned to furnish 
 proof thereon. The one conspicuous fact appearing, which 
 too often happens in the bringing of charges against public 
 officers, is the hasty and inconsiderate action of the complain- 
 ant, who, from some fancied wrong or grievance growing out 
 of a litigious spirit, sought to impeach a judicial officer whose 
 decisions in certain instances did not conform to his views or 
 subserve his interests. Without regard, however, to the 
 question of motive, if admissible at all to consider it, patient 
 inquiry has failed to establish the charges in any of the par- 
 ticulars alleged ; and the same are therefore hereby dismissed. 
 
 ALONZO B. CORNELL. 
 
 Order Authorizing the Commiss toners op Emigration 
 TO Contract for the Support of Immigrants. 
 
 STATE OF NEW YORK : 
 
 Executive Chamber, | 
 Albany, August 14, 1882. f 
 
 The Commissioners of Emigration of the State of New York 
 having by law the charge of the local affairs of immigration in 
 the port of New York, are hereby designated and authorized 
 to contract with the Secretary of the Treasury of the United 
 States for the support and relief of immigrants landing at that 
 
Public Papers of Governor Cornell. 135 
 
 port, pursuant to the Act of Congress to regulate immigra- 
 tion, approved August 3, 1882. 
 
 Bone at the Capitol, in the city of Albany, this fourteenth 
 [L- S.J day of August, A. D. 1882. 
 
 By the Governor : ^^°^^^° ^- COENELL. 
 
 Henry E. Abell, 
 
 Private Secretary. 
 
 Order Directinu the Removal op Obstructions in the 
 HoosicK River and the Abatement op a JSTuisanoe 
 Thereat. 
 
 STATE OP NEW YORK, ) 
 Executive Chamber, i 
 To the Boston, Hoosac Tunnel and Western Railroad Com- 
 pany, and to all others whom it may concern : 
 
 Complaint having been made to me by citizens of the village 
 of Schaghticoke, in the county of Rensselaer, of obstructions 
 in the channels of the Hoosick river, adjacent to that village, 
 which, by diverting the water of the river from its natural 
 course, have rendered the locality extremely unhealthy ; and 
 I having, pursuant to the provisions of law, required the State 
 Board of Health to examine into the subject-matter of such 
 complaint, in a communication to said Board made ; and the 
 State Board of Health, in pursuance of such requirement, 
 having made report that — 
 
 "The State Board of Health has, by its standing comuiittee 
 " on drainage, sewerage and topography, examined the causes 
 " of complaint by citizens of Schaghticoke, and find : 
 
 "1. The diversion of the waters of the Hoosick river from 
 "the natural channel, caused by the embankment of the Bos- 
 "ton, Hoosac Tunnel and Western railroad, has converted 
 " that channel and its margins into a malarial bed, which is a 
 "standing nuisance, the infiuenee of which creates a vast 
 " amount of sickness in said village. 
 
136 Public Papers of Governoe Cornell. 
 
 "2. No relief can be expected from the prevailing sickness 
 " until the aforesaid nuisance is abated, which we recommend 
 "to be done immediately." 
 
 And the said report having been by me duly approved and 
 filed, according to law, in the office of the Secretary of State, 
 on the 23d day of September, 1882 ; 
 
 Now, tlierefore, I, Alonzo B. Cornell, Governor of the State 
 of New York, by virtue of the powers vested in me by chap- 
 ter 322 of the Laws of this State, of the year 1880, and the act 
 amendatory thereof, chapter 308 of the Laws of 1882, in rela- 
 tion to the matters and things so certified by the State Board 
 of Health to be a public nuisance, do hereby declare the same 
 to be a public nuisance, to wit : 
 
 The present condition of the channels and margins of the 
 Hoosick river east of and near the village of Schaghticoke, 
 from which the natural flow of the water of said river has been 
 diverted by the embankment of the Boston, Hoosac Tunnel 
 and "Western railroad ; also, so much of the said railroad 
 embankment as obstructs and prevents the water of the 
 Hoosick river from flowing through the old and natural chan- 
 nels of said river, as and where it was accustomed to flow 
 immediately before the construction of said embankment. 
 
 And by virtue of the power aforesaid, I do hereby order 
 that the Boston, Hoosac Tunnel and Western Railroad Com- 
 pany remove, within three months of the time and date of this 
 order, so much of the said embankment east of and near the 
 said village of Schaghticoke, hereinbefore referred to and 
 declared to be the cause and occasion of the alleged nuisance, 
 as obstructs and prevents the water of the Hoosick river from 
 flowing through the old and natural channels of said river, as 
 and where it was accustomed to flow immediately before the 
 construction of said embankment, of a width of at least one 
 hundred feet, and of sufficient depth to pass the water ; or 
 that would allow the water of said river, in its ordinary flow. 
 
Public Papers of Governor Cornell. 137 
 
 to pass through said embankment into said old and natural 
 channels, said opening to be located between Kocky Island 
 and the main land, where the original channel flowed ; also, to 
 make an opening in the said railroad embankment between 
 Eocky Island and Joy's Island where the original channel 
 flowed, of at least twenty feet in width and of sufficient depth 
 to pass the water that would pass through said opening. 
 
 Given under my hand and the Privy Seal of the State, at 
 
 the Capitol, in the city of Albany, this twenty- 
 [L. S.J third day of September, in the year of our Lord 
 
 one thousand eight hundred and eighty-two. 
 
 ALOlSrZO B. CORNELL. 
 By the Governor : 
 
 Henry E. Abell,' 
 
 Private Secretary. 
 
 Order to District Attorney of I^ensselaer County 
 FOR Enforcement of a Certain Order Relating to 
 NuiSANCE at Schaghticoke. 
 
 STATE OF NEW YORK, ) 
 Executive Chamber, i 
 
 To the District Attorney, County of Rensselaer, State of 
 New York: 
 An order has this day been made by me for the abatement 
 of an alleged nuisance, so certified and found by the State 
 Board of Health, in or about the village of Schaghticoke, 
 Rensselaer county ; a copy of said order being hereto an- 
 nexed, in which are more specifically set forth the matters 
 and things relating to the nuisance complained. And 
 you are hereby directed and ordered, by authority in me 
 vested by chapter 308 of the Laws of the State of New York, 
 of the year 1882, to take all necessary measures to execute 
 
138 Public Papers of Governor Cornell. 
 
 and obey the said order in so far as your duty pertains and 
 
 belongs. 
 
 Griven under my hand and the Privy Seal of the State, at 
 
 the Capitol, in the city of Albany, this twenty- 
 
 [l. S.J third day of September, in the year of our Lord 
 
 one thousand eight hundred and eighty-two. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Henry E. Abell, 
 
 Private Secretary. 
 
 Order to the Sheriff of Rensselaer County for En- 
 forcement OF A Certain Order Relating to JSTuisanoe 
 
 AT SCHAGHTICOKE. 
 
 STATE OF NEW YORK, ) 
 Executive Chamber. S 
 
 To the Sheriff of the County of Rensselaer, State of New 
 York : 
 An order has this day been made by me for the abatement 
 of an alleged nuisance, so certified and found by the State 
 Board of Health, in or about the village of. Schaghticoke, 
 Rensselaer county ; a copy of said order being hereto an- 
 nexed, in which are more specifically set forth the matters and 
 things relating to the nuisance complained. And you are 
 hereby directed and ordered, by authority vested in me by 
 chapter 308 of the Laws of the State of New York, of the 
 year 1882, to take all necessary measures to execute and obey 
 the said order in so far as your duty pertains and belongs. 
 Given under my hand and the Privy Seal of the State, at 
 the Capitol, in the city of Albany, this twenty- 
 [l. S.J third day of September, iu the year of our Lord 
 one thousand eight hundred and eighty-two. 
 
 ALONZO B. CORNELL. 
 By the Governor : 
 
 Henry E. Abell, 
 
 Private Secretary. 
 
Public Papers op Governor Cornell. 139> 
 
 Proclamation Appointing a Day of Thanksgiving. 
 
 STATE OF NEW YORK, | 
 Executive Chamber. ) 
 
 PROCLAMATION. 
 
 By Alonzo B. Cornell, Governor. 
 
 The lengthening shadows of waning autumn betoken the 
 return of the season, liallowed by our ancestors many genera- 
 tions, for returning thanks to the Supreme Being for His 
 merciful protection and support. Following this time-honored 
 custom, now recognized by our statutes, Thursday, the 30th 
 day of November next, is hereby designated and set apart as 
 a day of Thanksgiving to Almighty God for the manifold 
 blessings vouchsafed unto the people of this State during the 
 past year. 
 
 Fruitful harvests and prosperous industries have rewarded 
 the diligent hand of labor ; healthfulness, peace and content- 
 ment dwell with the people. The authority of law has been 
 respected ; public order observed ; and the interests of Chris- 
 tianity, education and morality have been especially pro- 
 moted. Seldom, indeed, has a single year in the history of 
 our State been more signally favored with giacious manifes- 
 tations ; while throughout our common country general pros- 
 perity has prevailed; the tide of immigration to our shores 
 has been unprecedented, and in all material development the 
 Nation has progressed in a degree never before equalled. 
 
 For the happiness and prosperity enjoyed, and all the 
 evidences of Divine favor shown unto us, we owe grateful 
 acknowledgment to our Heavenly Father on whom alone for 
 life and strength we depend. It is, therefore, recommended 
 that. on the day hereby designated the people of this State 
 lay aside their ordinary pursuits, and gather together in the 
 accustomed places of worship, to give thanks in His Holy 
 name for all the blessings of the closing year. And further- 
 more, by the reunion of families and friends ; by the restora- 
 
140 Public Papers of Governor Cornell. 
 
 tion of ties of friendsliip broken ; and by deeds of blessed 
 charity, let the day be so observed that it shall honor every 
 ■Christian virtue and Him from whom all good descends. 
 
 Done at the Capitol, in the city of Albany, this twenty- 
 [sealJ eighth day of October, in the year of our Lord 
 one thousand eight hundred and eighty-two. 
 ALONZO B CORNELL. 
 By the Governor : 
 
 Henrt E. Abell, 
 
 Private Secretary. 
 
 Denial of Application for an Extraordinary Term of 
 the Supreme Court in the Matter of the Albany 
 
 Mayoralty. 
 
 STATE OF NEW YORK: 
 
 Executive Chamber, ) 
 Albany, December 1, 1882. ) 
 
 Application is made for the appointment of an extra- 
 ordinary term of the Supreme Court at Albany, to afEord 
 opportunity for the trial of the contested mayoralty election 
 case, which, it is alleged, cannot be reached at the approach- 
 ing December circuit. This case, involving as it does, the 
 right of self-government of 100,000 people, should have trial 
 at the earliest possible time ; but until it shall have been 
 demonstrated by actual experience that it cannot be tried at 
 the CO tiling circuit, it would be a very grave act for the Gov- 
 ernor to appoint an extraordinary term. The main obstacle 
 to the trial of this case is believed to be the limited time the 
 presiding justice will feel disposed to employ for the term, in 
 anticipation of his engagement to hold the Schoharie circuit, 
 now designated for the second Monday in January. This 
 obstacle may be readily removed by providing another jus.tice 
 to hold the Schoharie circuit, on request of the designated 
 justice or on assignment by the Governor ; thus affording Mr. 
 Justice Ingalls opportunity to continue the Albany circuit 
 until it shall have disposed of the case in question. 
 
Public Papers of Governor Cornell. 141 
 
 In view of the political interests involved in the ma> oralty 
 case it would appear almost like an act of usurpation for the 
 Governor to designate an extraordinary term of court for 
 the avowed purpose of bringing it to trial while a regular 
 circuit is approaching or in progress. It is, therefore, in 
 every way better to provide by substitution of a presiding 
 justice for the Schoharie circuit, where no unusual cases are 
 pending, than to allow any interference with the course of 
 proceedings in the Albany case. 
 
 ALONZO B. COKNELL. 
 
APPENDIX. 
 
 STATEMENT 
 
 Of Pardons, Commutations of Sentence and E,epeieve8 
 
 GrRANTED BY THE GOVERNOR DURING THE YeAR 1882. 
 
 PARDONS. 
 
 July 31, 1882. Gertrude Knight. Sentenced January, 1880 ; 
 county. Kings ; crime, petit larceny ; term, sentence 
 suspended. 
 
 The prisoner is a West Indian girl of good birth and 
 education, whose offence was a trifling one. Her sentence 
 was suspended at the request of a lady who accidentally 
 learned of her history. Sentence is still in suspense, and 
 as her conduct during the two and a half years since the ■ 
 complaint was made has been exemplary, both the Jus- 
 tice a;nd District Attorney unhesitatingly recommend the 
 granting of a pardon. 
 
 COMMUTATIONS OF SENTENCE. 
 
 March 16, 1882. Martin Planigan. Sentenced May, 1881 ; 
 county, Erie ; crime, murder in the first degree ; to be 
 hanged Friday, July 8, 1881. Reprieved June 30, 1881, 
 until Friday, August 12, 1881, to allow motion for a new 
 trial. Motion denied and prisoner re-sentenced to be 
 hanged Friday, January 20, 1882. Reprieved January 
 19, ]882, until Friday, February 10, 1882, and again re- 
 prieved February 7, 1882, until Friday, March 24, 1882 ; 
 prison, county jail. 
 
 Sentence commuted to imprisonment in the State Prison 
 at Auburn, N. Y., for the term of his natural life at hard 
 labor. 
 
Public Papers of Governor Cornell. 143 
 
 Martin Flanigaii was convicted of murder in the first 
 •degree, in the Superior Court of Buffalo, May 20, 1881. 
 There was no doubt as to the identity of the murderer, 
 or of the fact of his having committed the act, which was 
 brutal in character and shocking to every moral sensi- 
 bility. The case was reviewed on appeal at the General 
 Term, and also by the Court of Appeals ; and the con- 
 viction was duly affirmed. Under these circumstances an 
 examination of the case involving possible interference 
 by the Executive with the sentence of tlip court, has 
 been approached with extreme reluctance. The presen- 
 tation of petitions by a delegation of prominent citizens 
 ■of Buffalo, headed by the mayor of that city, for commu- 
 tation of sentence, accompanied by statements calculated 
 to impeach the justness of the conviction, seemed to 
 make a careful and thorough examination of the case an 
 imperative duty. 
 
 A patient review of the details of the evidence pre- 
 sented at the trial, together with an elaborate statement 
 by Judge Beck with, the presiding justice, and the affida- 
 vits of six of the jurors, convince me that sufficient 
 uncertainty really exists as to the mental condition of 
 the prisoner at the time of the murder, to cast a shadow 
 of doubt, at least, upon the correctness of the verdict 
 rendered. Under the law of murder as now defined in 
 our State, it is necessary for the prosecution to establish 
 that the act was committed with deliberate and premedi- 
 tated design, in order to justify a verdict of murder in 
 the first degree. In the case under consideration the real 
 -question involved is whether the prisoner by reason of 
 "intoxication was capable of that "deliberation and pre- 
 meditation" which the law contemplates as necessary to 
 warrant conviction in the higher degree of murder. 
 
 Judge Beckwith, after carefully reviewing the case, has 
 become convinced that the verdict of murder in the first 
 
144 PuBLtc Papers of Governor Cokjvell. 
 
 degree was not justified by tlie evidence. He says : "If 
 I had ttie power T should commute the prisoner's sentence 
 to imprisonment for life." And in a late communication 
 he makes use of this language : "So fully convinced am 
 I thai liquor was at the bottom of the crime, in view of 
 the present policy of the State as shown in the statute and 
 new criminal code about to go into operation, I can 
 scarcely escape the conclusion that the theory of penal 
 justice now adopted by the State requires for the punish- 
 ment of this prisoner only his imprisonment in a State 
 prison at hard labor for the term of his natural life." It 
 can hardly be doubted that the judge whose province was 
 to hold the scales of justice with even hand and impar- 
 tially consider the evidence in the case, is more competent 
 than any other person to reach a wise and just conclusion. 
 The affidavits of six of the jurors show that serious 
 doubts existed in the minds of some of their number as to 
 the question of deliberate premeditation, and that the 
 difference of opinion which at first prevailed in the jury 
 room was finally compromised under an agreement that 
 the verdict of murder in the first degree should be ren- 
 dered on condition that the jurors should unite in a peti- 
 tion to the Governor to commute the sentence to life 
 imprisonment. The action of the jurors in stultifying 
 their honest opinions was in the highest degree reprehen- 
 sible. Assuming that the minority of the jury were con- 
 scientious in their belief that the accused was not mentally 
 responsible when the crime, was perpetrated, their surren- 
 der to the majority can only be characterized as a shame- 
 ful trifling vsdth human life. It is to be regretted that 
 their reliance on Executive interference cannot be resented 
 without placing in jeopardy the life of the prisoner, which 
 should have been protected by the proper assertion of 
 independent and unswerving conviction of duty on the 
 
Public Papers of Governor Cornet.l. 145 
 
 art of Jurors who were not convinced that the prisoner 
 ■■as guilty of murder in the first degree. 
 While the law expressly declares that intoxication shall 
 ot excuse crime, and that "deliberation and premedita- 
 Lon" are now made the condition on which the first 
 egree of murder shall rest, it is quite clear that if the 
 prisoner was incapacitated from the full and complete ex- 
 rcise of his mental faculties, and thus incapable of delib- 
 rating with premeditation, he could only have been guilty 
 if murder in the second degree. Whether the prisoner 
 fas actually so incapacitated or not, can not at this late 
 Lay be positively ascertained, but the declarations of 
 Tudge Beckwith and the jurors certainly raise serious 
 Loubt in this regard, and in such case it is manifestly 
 )roper that the accused should have the benefit of that 
 loubt. It would surely not comport with the name and 
 lignity of the State to permit the life of a condemned 
 nan to be taken when the force and integrity of the 
 ionviction can be reasonably assailed or impeached. In 
 his view the sentence of the court will be commuted to 
 mprisonment for life at hard labor in the State Prison at 
 iuburn. 
 
 EXHIBIT "a." 
 
 Affidavit accompanying petitions for commutation of 
 the death sentence of Martin Flanigan, as to the 
 standing of the jurg on the verdict. 
 
 State oe '^&\\ York, ) 
 Erie County, City of Buffalo, f 
 
 I, William H. Carney, being duly sworn, do depose as 
 ollows : I reside in the city of Buffalo and am engaged 
 n the business of shirt manufacturing and gent' s f urnish- 
 ng goods. I was one of the jurors empanelled for the 
 rial of the indictment of Martin Planigan, who is now 
 lonfined in the jail under sentence of death. After the 
 ury retired for deliberation several ballots were taken 
 10 
 
146 Public Papers of Governoe Cornell. 
 
 which disclosed that two of the twelve were not in favor 
 of a verdict of guilty of murder in the first degree. Of 
 these two jurors I was one. I was not satisfied, and have 
 never been satisfied, that there existed in the case or 
 accompanied the act of the prisoner which resulted in 
 Karins' death the two elements of premeditation and 
 deliberation, which I understood to be necessary to con- 
 stitute the crime of murder in the first degree. The 
 majority of the jury, however, claimed that under the 
 charge of the court we could not take into consideration 
 the question of the prisoner's intoxication as bearing 
 upon either of these two points. I thought we could, 
 and I also thought that other circumstances, such as the 
 location of the wound and the size of the weapon, showed 
 the absence of both these elements. After discussion of 
 the evidence and the charge, the jury still standing ten to 
 two, it was finally suggested and agreed to by the majority 
 of the jurors, and, as I understood it, by all the ten, that 
 if we two would join in a verdict finding the prisoner 
 guilty of murder in the first degree, then all the others 
 would, unite in a petition asking that the sentence be 
 commuted to imprisonment for life. It was represented 
 that such a petition would be successful and the prisoner 
 receive punishment accordingly, and the result be pre- 
 cisely that which would come if the majority agreed with 
 the minority. I believed at the time that such would be 
 the result of such a petition, and under these represent- 
 ations and in this belief joined in the verdict. I still 
 think the evidence did not justify the verdict which was 
 rendered, and have always thought so, and would never 
 have agreed to it to this day had I supposed it would 
 result in Flanigan's execution. 
 
 William H. Carney. 
 Sworn before me tliis 24th ) 
 day of January, 1882. i 
 [Notarial Seal. J Wm. Johnson, 
 
 Notary PuMic, in and for Erie Go., N. T. 
 
 March 20, 1882. Frank Pickering. Sentenced February 20, 
 1882 ; county, Chemung ; crime, intoxication ; term, sixty 
 days ; prison, Monroe County Penitentiary. 
 
Public Papers of Governok Cornell. 147 
 
 Sentence commuted to thirty days, from February 20, 
 1882, and will terminate the twenty- second day of March, 
 1882. Granted upon condition that the said Frank Pick- 
 ering shall totally abstain from the use of intoxicating 
 liquor. And in the event of his not complying at aU 
 times with this condition, this commutation of sentence 
 shall cease and become inoperative, and he shall be 
 arrested and imprisoned according to his original sen- 
 tence. 
 
 March 29, 1882. Charles Gotthelf. Sentenced October 9, 
 1880 ; county, Erie ; crime, receiving stolen property ; 
 term, two years ; prison, Erie County Penitentiary. 
 
 Sentence commuted to one year and nine months, from 
 October 9, 1880, subject to the legal deduction for good 
 conduct. Granted upon the recommendation of the 
 Judge and District Attorney. 
 
 April 7, 1882. Abram Brazee. Sentenced November 19, 1878 ; 
 county, Steuben ; crime, burglary in the third degree ; 
 term, five years ; prison, Auburn. 
 
 Sentence commuted to three years, four months and 
 twenty days, from November 19, 1878, and will terminate 
 the eighth day of April, 1882. Granted upon the recom- 
 mendation of the present and former District Attorneys of 
 Steuben county, as the prisoner's testimony is wanted in 
 an important criminal trial. 
 
 April 14, 1882. James C. Snow. Sentenced March 2, 1882 
 county, Onondaga; crime, keeping a disorderly house 
 term, one year, and fined two hundred and fifty dollars 
 prison, Onondaga County Penitentiary. 
 
 Sentence commuted to pay a fine of one hundred and 
 fifty dollars in addition to the fine of two hundred and 
 fifty dollars imposed at the time of the original sentence. 
 The said total fine of four hundred dollars to be paid to 
 the Superintendent of the Onondaga County Penitentiary ; 
 
148 Public Papers of Goveenoe Coenell. 
 
 and in default of payment, this commutation shall be 
 null and void and not take effect. 
 
 May 29, 1882. William Kudd. Sentenced October 31, 1878 ; 
 county, Oneida ; crime, burglary in the first degree and 
 larceny ; term, ten years ; prison. Auburn. 
 
 Sentence commuted to five years, from October 31, 1878, 
 subject to the legal deduction for good conduct. This 
 case is strongly urged by many of the best citizens of the 
 towns of Marcy and Deerfield, Oneida county, as they 
 believe the ends of justice subserved. 
 
 August 30, 1882. James Devoe. Sentenced June 17, 1882 ; 
 county, Westchester ; crime, petit larceny ; term, four 
 months ; prison, Albany County Penitentiary. 
 
 Sentence commuted to seventy-five days, from June 17, 
 1882, and will terminate on the thirty-first day of August, 
 1882. Granted upon the recommendation of the Judge, 
 as the prisoner was convicted and sentenced under a mis- 
 apprehension of facts. 
 
 November 15, 1882. Gregory Fry. Sentenced March 21, 
 1868 ; county, Erie ; crime, arson in the first degree ; 
 term, life ; prison. Auburn. 
 
 Sentence commuted to twenty-four years from March 
 21, 1868, subject to the legal deduction for good conduct. 
 Granted upon the recommendation of the Justice of the 
 Supreme Court who presided at the trial, who has 
 become satisfied from recent investigation that the 
 building set on fire was not the subject of arson in the 
 first degree, and that the prisoner was not guilty of the 
 offence charged, and that if this point had been properly 
 presented on the trial the result would have been dif- 
 ferent. 
 
 November 23, 1882. Robert J. Harsha. Sentenced Novem- 
 ber 29, 1881 ; county, Washington ; crime, forgery in the 
 third degree ; term, two years and six months ; prison, 
 Clinton. 
 
Public Papers of Governok Cornell. 149 
 
 Sentence commuted to one year from November 29, 
 1881, and will terminate the twenty-eighth day of No- 
 vember, 1882. Recommended by the District Attorney. 
 
 scember 29, 1882. George Ketchum. Sentenced February 
 21, 1880 ; county, Tioga ; crime, advising and procuring 
 an abortion ; term, ten years ; prison, Auburn. 
 
 Sentence commuted to four years from February 21, 
 1880, subject to the legal deduction for good conduct. 
 
 jcember 29, 1882. Richard Austin. Sentenced June 23, 
 1881 ; county, New York ; crime, selling lottery policies ; 
 term, one year and pay a fine of two hundred and fifty 
 dollars, and stand committed until said fine be paid. 
 Stay of proceedings granted and case now pending on 
 appeal ; prison. State Prison. 
 
 Sentence commuted to pay a fine of fifteen hundred 
 dollars in addition to the fine of two hundred and fifty 
 dollars imposed at the time of the original sentence, on 
 condition that the said total fine of one thousand seven 
 hundred and fifty dollars shall be paid to the District 
 Attorney of New York county on or before the tenth day 
 of January, 1883, and in default of such payment this 
 commutation of sentence shall be null and void and not 
 take effect. 
 
 REPRIEVES. 
 
 auary 19, 1882. Martin Flanigan. Sentenced May 20, 
 1881 ; county, Erie ; crime, murder in the first degree ; 
 term, to be hanged Friday, July 8, 1881. Reprieved June 
 30, 1881, until Friday, August 12, 1881, to allow motion 
 for a new trial. Motion denied and prisoner re-sen- 
 tenced to be hanged Friday, January 20, 1882 ; prison, 
 county jail. 
 
 Reprieve granted until Friday, the tenth day of Feb- 
 ruary, 1882, upon the recommendation of Mayor Cleve- 
 land and other prominent citizens, that grave reasons 
 
150 PuBLrc Papers of Governor Corjvell. 
 
 exist for further consideration of the application for com- 
 mutation of sentence. 
 
 Peb]'uary 7, 1882. Martin Flanigan. Sentenced May 20, 
 1881 ; county, Erie ; crime, murder in the first degree ; 
 term, to be hanged Friday, July 8, 1881. Eeprieved June 
 30, 1881, until Friday, August 12, 1881, to allow motion 
 for a new trial. Motion denied, and prisoner re-sentenced 
 to be hanged Friday, January 20, 1882. Reprieved Jan- 
 uary 19, 1882, until Friday, February 10, 1882 ; prison, 
 county jail. 
 
 Reprieve granted until Friday, the twenty- fourth day 
 of March, 1882, to give time for more careful considera- 
 tion of the application for commutation of sentence as 
 recommended by Judge Beckwith, who presided at the 
 trial. 
 
 February 7, 1882. William Sindram. Sentenced December 
 28, 1881 ; county, New York ; crime, murder in the first 
 degree ; term, to be hanged Friday, February 10, 1882 ; 
 prison, county jail. 
 
 Reprieve granted until Friday, the tenth day of March, 
 1882, upon the recommendation of Hon. Noah Davis, 
 presiding Judge of the General Term, and the District 
 Attorney of New York, to give time for the Court of 
 Appeals to pass upon the case. 
 
 March 7, 1882. Henry Moett. Sentenced February 4, 1880; 
 county, Columbia ; crime, murder in the first degree ; 
 term, to be hanged Friday, March 19, 1880. Reprieved 
 March 15, 1880, until Friday, April 30, 1880. Writ 
 of error and stay of proceedings granted, case argued 
 at General Term, conviction affirmed and prisoner 
 re-sentenced to be hanged Friday, January 7, 1881. 
 Another stay of proceedings granted and case removed to 
 Court of Appeals on writ of error. Judgment of Oyer 
 and Terminer and General Term affirmed. Affidavits and 
 
Public Papers of Governor Cornell. 151 
 
 notice of motion for leave to apply to Oyer and Terminer 
 for new trial served, motion denied, appeal taken to the 
 General Term, decision affirmed and prisoner re-sentenced, 
 February 3, 1882, to be hanged Friday, March 17, 1882 ; 
 prison, county jail. 
 
 Reprieve granted until Friday, the fifth day of May, 
 1882, to allow the Court of Oyer and Terminer to hear 
 and pass upon a motion for new trial based upon newly 
 discovered evidence. 
 
 arch 7, 1882. William Sindram. Sentenced December 28, 
 1881 ; county, IN'ew York ; crime, murder in the first 
 degree ; term, to be hanged Friday, February 10, 1882. 
 Reprieved February 7, 1882, until Friday, MarchlO, 
 1882 ; prison, county jail. 
 
 Reprieve granted until Friday, the seventeenth day of 
 April, 1882. 
 
 arch 9, 1882. William Sindram. Sentenced December 28, 
 1881 ; county, New York ; crime, murder in the first 
 degree ; term, to be hanged Friday, February 10, 1882. 
 Reprieved February 7, 1882, until Friday, March 10, 
 1882. Again reprieved March 7, 1882, until Friday, April 
 7, 1882 ; prison, county jail. 
 
 Reprieve granted until Friday, the twenty-first day of 
 April, 1882, as otherwise the day of execution would fall 
 upon Good Friday. 
 
 pril 19, 1882. Augustus D. Leighton. Sentenced March 
 14, 1881 ; county, New York ; crime, murder in the first 
 degree; term, to be hanged Friday, April 21, 1882; 
 prison, county jail. 
 
 Reprieve granted until Friday, the nineteenth day of 
 May, 1882, upon the application of the counsel and 
 friends of the prisoner, to give time for religious prepa- 
 ration. 
 
162 Public Papees of Goveenor Coenell. 
 
 June 15, 1882. James F. Walsh. Sentenced March 26, 188: 
 county Kings ; crime, murder in the first degree ; terr 
 to be hanged Friday, May 20, 1881. Stay of proceeding 
 granted, case appealed, decision affirmed and prison( 
 re-sentenced to be hanged Friday, June 23, 1882 ; prisoi 
 county jail. 
 
 Reprieve granted until the twenty-first day of Jub 
 1882, to give time for a careful consideration of the merii 
 of an application for commutation to imprisonment fc 
 life. 
 
COMPARATIVE STATEMENT, 
 
 Showing the Number of Applications for Pardons^ Commu 
 tations, Restorations to CitizensM'p and Reprieves ; als 
 the Number of Ordtrs granted in the respective classe 
 in each year, from 1865 to 1882, inclusive. 
 
 1 
 
 
 
 
 Total number 
 
 Restora- 
 
 
 
 
 Pardons 
 
 Commutations 
 
 of pardons and 
 
 tions to 
 
 Reprievi 
 
 
 presented. 
 
 granted. 
 
 granted. 
 
 19 
 
 commutations 
 granted. 
 
 150 
 
 citizenship 
 granted. 
 
 23 
 
 granted 
 
 1865 
 
 878 
 
 131 
 
 3 
 
 1866 
 
 958 
 
 169 
 
 24 
 
 193 
 
 82 
 
 1 
 
 1867 
 
 1,018 
 
 130 
 
 12 
 
 142 
 
 47 
 
 Noiw 
 
 1868 
 
 1,000 
 
 111 
 
 36 
 
 147 
 
 118 
 
 6 
 
 1869 
 
 948 
 
 86 
 
 20 
 
 106 
 
 100 
 
 2 
 
 1870 
 
 1,158 
 
 85 
 
 34 
 
 119 
 
 139 
 
 1 
 
 1871 
 
 1,192 
 
 84 
 
 29 
 
 113 
 
 119 
 
 5 
 
 1872 
 
 1,352 
 
 98 
 
 58 
 
 156 
 
 159 
 
 1 
 
 1873 
 
 894 
 
 44 
 
 8 
 
 52 
 
 24 
 
 3 
 
 1874 
 
 1,014 
 
 71 
 
 21 
 
 92 
 
 37 
 
 3 
 
 1875 
 
 998 
 
 65 
 
 24 
 
 89 
 
 70 
 
 11 
 
 1876 
 
 1,214 
 
 99 
 
 54 
 
 153 
 
 128 
 
 8 
 
 1877 
 
 1,038 
 
 90 
 
 21 
 
 111 
 
 119 
 
 None 
 
 1878 
 
 1,152 
 
 107 
 
 66 
 
 ! 173 
 
 164 
 
 1 
 
 1879 
 
 1,400 
 
 103 
 
 106 
 
 209 
 
 278 
 
 2 
 
 1880 
 
 826 
 
 32 
 
 18 
 
 60 
 
 19 
 
 6 
 
 1881 
 
 578 
 
 None 
 
 17 
 
 17 
 
 10 
 
 2 
 
 1882 
 
 450 
 
 1 
 
 11 
 
 12 
 
 14 
 
 8 
 
INDEX 
 
 MISCELLANEOUS. 
 
 i-ppendix, showing pardons, commutations of sentence, etc 14i 
 
 Charges against Judge QifEord, dismissal of 13i 
 
 C!ommissioners of Emigration, order authorizing them to contract for the sup- 
 port of immigrants 13' 
 
 Commissioners of Emigration, memorandum filed with bill making appropria- 
 tion for ' 13 
 
 Denial of application for an extraordinary term of the Supreme Court at 
 
 Albany 14 
 
 Letter to the Superintendent of State Prisons 6 
 
 Memorandum filed with the bill consolidating the local laws of New York city, 13 
 
 Memorandum filed with bill amending tharter of village of Waterloo 10 
 
 Message, annual 
 
 Message, special, railroad disaster at Spuyten Duyvil 5 
 
 Message, special, transmitting report of the Yorktown Centennial Commission, 5 
 
 Messages, special, relative to portrait of President Lincoln 59, 9 
 
 Message, special, relative to encampment of the National Guard 6 
 
 PUBLIC HEALTH. 
 
 New Rochelle, order directing abatement of certain nuisances in 6 
 
 Schaghticoke — 
 
 Order directing abatement of nuisances in 13 
 
 Order to District Attorney in the same. IS 
 
 Order to Sheriff in the same 13 
 
 PROCLAMATIONS. 
 
 Appointing a day of Thanksgiving 1^ 
 
 Declaring Greenwood, Steuben county, in a state of insurrection i 
 
 For special election in the Eighteenth Senate district i 
 
 Eeward for murderer of Simon A. Vandercook ( 
 
 Revoking proclamation relative to Greenwood, Steuben county 1( 
 
 VETOKS. 
 
 Albany County Clerk, office hours of 
 
 Albany, expenditure of balances by the Board of Public Instruction . 
 Armory at Troy, providing for 
 
Index. 
 
 Armory in Kings county, appropriation for 121 
 
 Auburn, revising cliarter of 93 
 
 Binghamton, increasing pay of pol ice force of 74 
 
 Brooklyn — 
 
 Amending charter ot, as to Park Commissioners 86 
 
 Amending charter of, as to school funds. 73 
 
 Arrearages of taxes in 96 
 
 Bufialo Cemetery Association to acquire lands 85 
 
 Buffalo Light Battery, to corporate the 87 
 
 Canal, items in appropriation for 100 
 
 Canal Appraisers, items of award by 103 
 
 Capital cases, defense to have closing address in 75 
 
 Cayuga county, hearing of claims of '. 137 
 
 Civil Code, to establish a 130 
 
 Children in reformatories to labor under contract 91 
 
 Escheat, releasing to John McLaughlin 68 
 
 Eureka Basin Warehouse Company, relating to 88 
 
 Fulton county, relatini^ to supi;'rvisors of 94 
 
 Furniture, sale of, on installment plan 81 
 
 Gooleston Fire Engine Company, to change name of 69 
 
 Illuminating oils, regulating standard of 71 
 
 Kings county, erection of armory in 131 
 
 Liability of towns for defective highways 89 
 
 Military Code, to establish a 132 
 
 Meyer, William, for the relief of heirs of 69 
 
 New York City — 
 
 Compensation of prison keepers in 98 
 
 Taxation of corporations in 106 
 
 Public offices to close on Saturdays in New York and Kings counties 84 
 
 Receivers' trusts, for transfer of, to State Treasurer 133 
 
 Sangerfield, to legalize the vote of 7S 
 
 Sharpe, Marilla M. , extending time for filing claim of 9£ 
 
 Sing Sing branch society for the prevention of cruelty 6S 
 
 Stenographers in Court of General Sessions, compensating.. 95 
 
 Stenographers of Supreme Court, relating to 9( 
 
 Street railroads, relating to llj 
 
 Supply bill, certain items in 10( 
 
 Troy — 
 
 Providing for a State armory at 10' 
 
 Amending charter of lOI 
 
 Women to be appointed managers of public charities 7!