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State of New York 
 
 PUBLIC PAPERS 
 
 OF 
 
 JOHN A. DIX 
 
 GOVERNOR 
 
 1912 
 
 ALBANY 
 
 J. B. LYON COMPANY, PRINTERS 
 
 1913 
 
 E./. 
 
l^-n^st,! 
 
 
1 
 
 PROCLAMATIONS 
 
 [31 
 
1 
 
 PROCLAMATIONS 
 In Relation to the Flood and Famine in China 
 
 State of New York — Executive Chamber 
 
 Flood and famine have again devastated great 
 Provinces in China, and millions of human beings are 
 facing destitution and death. Reports from American 
 residents in China and from representatives of the Ameri- 
 can National Red Cross who have visited the stricken 
 regions agree that conditions are appalling, and that they 
 must continue without abatement until alleviated by the 
 charitable efforts of other countries. 
 
 As President of the New York State Board of the 
 American Red Cross, I urge the people of the State of 
 New York out of their abundance to make a generous 
 and prompt response to this call of humanity. Conditions 
 in China are pitiful and terrible, and this appeal to the 
 people of the Empire State should not be in vain. 
 
 Contributions should be sent to Jacob H. Schiff, Treas- 
 urer of the New York State Board of the American Red 
 Cross, 52 William street. New York City. 
 
 Given under my hand and the Privy Seal of the 
 State at the Capitol in the city of Albany, this 
 
 [l. S.J twenty-ninth day of January in the year of our 
 Lord one thousand nine hundred and twelve. 
 (Signed) JOHN A. DIX 
 
 By the Governor: 
 
 John A. Mason 
 
 Secretary to the Governor 
 
 [5] 
 
6 Public Papers of Governor Dix 
 
 Ordering a Special Election in the Fourteenth Senate 
 
 District 
 
 PROCLAMATION 
 State of New York — Executive Chamber 
 Whereas, A vacancy exists in the office of Senator for 
 the Fourteenth Senate District of the State of New York, 
 caused by the death on the third day of 'February, 1912, 
 of Honorable Thomas F. Grady, Senator from said 
 district: 
 
 Now, therefore, I, John A. Dix, Governor of the State 
 of New York, in pursuance of section 292 of chapter 22 
 of the Laws of 1909, as amended by section 62 of chapter 
 891 of the Laws of 191 1, and constituting chapter 17 of 
 the ConsoHdated Laws, known as the Election Law, do 
 hereby order and proclaim that an election for State 
 Senator in the place of said Thomas F. Grady be held in 
 the Fourteenth Senate District, on the twelfth day of 
 March, nineteen hundred and twelve, such election to be 
 conducted in the mode prescribed by law for the election 
 of State Senators. 
 
 Given vmder my hand and the Privy Seal of the 
 State at the Capitol in the city of Albany, this 
 [l. s.] ninth day of February in the year of our Lord 
 one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor : 
 
 EcKFORD C. De Kay 
 
 Military Secrctarv to the Governor 
 
Proclamations 7 
 
 Burial of the United States Battleship Maine 
 
 PROCLAMATION 
 State of New York — Executive Chamber 
 
 Whereas, It has been decided to dispose of what 
 remains of the former battleship Maine, by sinking her 
 off the coast of Cuba with proper ceremony, under escort 
 of war vessels of the United States and Cuba, accom- 
 panied by officials and citizens of both countries. 
 
 And, Whereas, Saturday the sixteenth of March has 
 been chosen as the day, when this last tribute will be paid 
 to the ship, whose destruction carried with it to their 
 deaths so many loyal and patriotic Americans, 
 
 Now, therefore, I, John A. Dix, Governor of the State 
 of New York, direct that, as a mark of reverence and 
 respect for the solemnity of the occasion, that flags on all 
 public buildings in this State, be placed at half mast from 
 twelve o'clock noon until sunset on that day. 
 
 Given under my hand and the Privy Seal of the 
 State at the Capitol in the city of Albany, this 
 
 [l. s.] thirteenth day of March in the year of our 
 Lord one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor: 
 
 John A. Mason 
 
 Secretary to the Governor 
 
8 Public Papers of Governor Dix 
 
 Concerning Disaster and Floods in the Mississippi Valley 
 
 PROCLAMATION 
 State of New York — Executive Chamker 
 
 Your attention is urgently requested to the following 
 appeal by the President of the United States for aid for 
 the victims from the floods which have devastated the 
 lower Mississippi Valley and carried woe and suffering 
 into thousands of homes. The calamity is almost unpre- 
 cedented in magnitude and I call upon the generous 
 people of the Empire State to furnish promptly such 
 assistance as they can to their suffering fellow-country- 
 men in neighboring states. The extent and character of 
 the disaster should bring a liberal and spontaneous 
 response : 
 
 " Conditions of distress resulting from the flood in the 
 Lower Mississippi Valley have assumed such intensity and 
 magnitude that it has become my duty as President of 
 the American Red Cross to make known the facts as given 
 to the press to-day in order that the people of the United 
 States may express their sympathy in substantial form. 
 Fully twenty-five thousand persons are now homeless 
 and dependent on the generosity of the country for food 
 and shelter and the number is steadily increasing. The 
 army is doing everything possible to provide shelter and 
 food to meet the immediate emergency. But the equally 
 important task of conducting the relief camps, maintain- 
 ing health and restoring the flood refugees to their homes 
 under conditions which will enable them to return to 
 normal conditions of life, rests upon the local authorities 
 and the Red • Cross. Many thousands of people will 
 return to their homes to find their houses and furniture 
 
Proclamations 9 
 
 and farm equipment and food supplies for themselves 
 and their farm animals almost or wholly destroyed. 
 Questions of health which inevitably arise from the 
 gathering of great numbers into camps are already 
 becoming acute and to these will be added others even 
 more serious when the waters subside. Typhoid, dysen- 
 tery, smallpox, malaria, and other diseases threaten and 
 must if possible be prevented by prompt and vigorous 
 measures. For this task resources far in excess of those 
 now in command will be essential." 
 
 Contributions may be made through the American Red 
 Cross of which the Hon. William H. Taft is Presidenn. 
 Mr. Jacob H. Schiflf, 52 William street. New York City, 
 is Treasurer of the New York State Branch of the Ameri- 
 can Red Cross. Checks sent through this agency should 
 be made to Mr. SchifT as Treasurer. 
 
 Given under my hand and the Privy Seal of the 
 State at the Capitol in the city of Albany, this 
 
 [j.. s.] eighteenth day of April in the year of our Lord 
 one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX. 
 By the Governor: 
 
 John A. Mason 
 
 Secretary to the Governor 
 
 Appointing; a Day for State Fire Prevention 
 
 PROCLAMATION 
 
 State of New York — Executive Chamber 
 
 The subject of the conservation of our resources has, 
 of late, deservedly received the most careful attention. 
 
lo Public Papers of Governor Dix 
 
 Our forests are to be preserved, our water power and 
 waterways developed and utilized, and the hidden forces 
 of nature made subservient to the well being of man. A 
 signal example is afforded by the Conservation Law of 
 191 1 which now safeguards the natural resources of the 
 State. 
 
 In line with this policy there can be no doubt of the 
 imperative need of the study of the fire waste with a view 
 to its prevention or reduction. 
 
 The fire losses and cost of fire prevention in the United 
 States amount annually to $480,000,000, or more than 
 the total American production of gold, silver, copper and 
 petroleum each year. The equivalent of a $5,000 home 
 is destroyed every ten minutes. In one year 1,449 Per- 
 sons lost their lives and 5,654 were injured in fires. 
 
 In one year we had 300 fires in the Adirondacks alone. 
 In but three months, October, November and December, 
 191 1, there were in this State outside of Greater New 
 York, 3,001 fires with a loss of $2,884,757. 
 
 Statistics could readily be multiplied, if necessary, to 
 show the appalling waste of property and loss of life 
 occasioned by fires, at least 65% of which are caused by 
 carelessness or ignorance. 
 
 For the reasons herein set forth, in order to rouse 
 our people to a vivid sense of fire dangers and induce 
 them to take a more active interest in the subject, I 
 hereby proclaim Wednesday, October 9th, 1912, as State 
 Fire Prevention Day, and I earnestly recommend that 
 our people observe it by a general cleaning up and re- 
 moval of all rubbish, trash and waste, and a setting of 
 their heating apparatus and chimneys in proper condition 
 for winter use. 
 
Proclamations i i 
 
 Let all public and private institutions, hotels, asylums, 
 factories and theatres be looked over on that day and 
 when necessary add anything that will further protect 
 the safety of the occupants. 
 
 Let local authorities give attention to the matter of 
 better building regulations, fire protection and preven- 
 tion, as well as adequate provision for appartus for fire 
 fighting. 
 
 Lastly, let fire drills be held on that day in institutions, 
 factories, private, public and parochial schools, and let 
 teachers instruct pupils through short talks and appro- 
 priate program on the dangers of fire and means of 
 prevention. 
 
 Given under by hand and the Privy Seal of the 
 
 State at the Capitol in the city of Albany, this 
 
 [l. s.] twenty-fifth day of September in the year of 
 
 our Lord one thousand nine hundred and 
 
 twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor : 
 
 John A- Mason 
 
 Secretary to the Governor '. 
 
 On" Death of Honorable James S. Sherman, Vice=Presi= 
 dent of the United States 
 
 PROCLAMATION 
 
 State of New York — Executive Chamber 
 
 James Schoolcraft Sherman, Vice-President of the 
 United States, and for twenty years a Member of the 
 House of Representatives from the State of New York, 
 
12 Public Papers of Governor Dix 
 
 a patriot and Statesman beloved by all who knew him 
 and honored and esteemed by the entire citizenship of 
 our country, is dead. The people of the State of New 
 York mourn the loss of one of her most illustrious sons. 
 The qualities which won for James Schoolcraft Sherman 
 a high place among the nation's statesmen and rulers 
 endeared him to the citizenship of his native State. His 
 untimely demise causes great sadness and deserves sor- 
 rowful and appropriate recognition. 
 
 Now, therefore, it is hereby directed, that as a mark 
 of regard for the distinguished dead, the flags upon the 
 Capitol, and upon all the public buildings of the State, 
 including the armories and arsenals of the National 
 Guard, be displayed at half-mast until and including the 
 day of the funeral, and the citizens of the State, for a like 
 period, are requested to unite in appropriate tokens of 
 respect. 
 
 Given under my hand and the Privy Seal of the 
 State at the Capitol in the city of Albany, this 
 [l. s.] first day of November in the year of our Lord 
 one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor: 
 
 John A. Mason 
 
 Secretarv to the Governor 
 
 Appointing a Day of General Thanksgiving 
 
 PROCLAMATION 
 
 State of New York — Executive Chamber 
 
 It is incumbent upon a grateful people that devout and 
 heartfelt thanksgiving be rendered to Almighty God for 
 
Proclamations 13 
 
 the moral and material blessings of another year. Our 
 country has been blessed with plenty, furnishing com- 
 merce, rewarding industry, and promoting the welfare of 
 our Commonwealth. Education has extended its in- 
 fluence and endowed the arts and sciences. Citizenship 
 has reached higher standards and happiness has been en- 
 hanced among a contented people. 
 
 Following a noble precedent, let all gather in their 
 homes or in the churches of their faith and implore the 
 infinite God to perpetuate to our country that prosperity 
 which His goodness has already conferred, and give 
 thanks for the numerous and extraordinary blessings we 
 enjoy. 
 
 Now, therefore, I, John A. Dix, Governor of the State 
 of New York, by virtue of the authority vested in me 
 by law and in accordance with the honored custom, do 
 hereby appoint Thursday the twenty-eighth day of 
 November, in the year of our Lord one thousand nine 
 hundred and twelve, as a day of general thanksgiving; 
 and may our cosmopolitan people of this time emulate 
 the fervor and the fraternity of the fathers when they 
 celebrated their first Thanksgiving day as Americans in 
 this State at the call of Governor George Clinton in 1781. 
 Done at the Capitol in the city of Albany this 
 
 [l. S.J eighth day of November in the year of our 
 Lord 191 2 
 
 (Signed) .JOHN A. DIX 
 
 By the Governor : 
 
 John A. Mason 
 
 Secretary to the Governor 
 
14 Public Papers of Governor Dix 
 
 Ordering a Special Election for Alderman of the Second 
 Ward, City of Johnstown, Fulton County, N. Y. 
 
 PROCLAMATION 
 
 State of New York — Executive Chamber 
 
 Whereas, Due notice has been given that there was a 
 failure to elect an Alderman for the Second Ward of the 
 City of Johnstown, of Fulton County, at the general 
 election held November 5th, 1912; 
 
 Whereas, It is provided by a law of this State that in 
 such a case a special election shall be had; 
 
 Now, therefore, I, John A. Dix, Governor of the State 
 of New York, in pursuance of the requirements of Sec- 
 tion 292 of Chapter 22 of the Laws of 1909, known as 
 the election law, do hereby order and proclaim that an 
 election for Alderman, to fill the vacancy caused by the 
 failure to elect such an officer, be held in the Second 
 Ward of the City of Johnstown, Fulton County, on Tues- 
 day, the 17th day of December, 1912; such election to 
 be conducted in the mode prescribed by law for the elec- 
 tion of Alderman. 
 
 Given under my hand and the Privy Seal of the 
 
 State at the Capitol in the city of Albany 
 
 [l. S.J this eighteenth day of November in the year 
 
 of our Lord one thousand nine hundred and 
 
 twelve 
 
 (Signed) JOHN A. DIX 
 By the Governor: 
 
 EcKFORD C. De Kay 
 
 Military Secretary to the Governor 
 
u 
 
 MESSAGES 
 
 [15J 
 
II 
 
 MESSAGES TO THE LEGISLATURE 
 Session Began January 3; Ended March 29, 1912 
 
 ANNUAL MESSAGE 
 State of New York — Executive Chamber 
 
 Albany, January 3, 191 2 
 To the Legislature 
 
 In compliance with the requirement of the Constitu- 
 tion that at every session of the Legislature the Governor 
 shall communicate by message " the condition of the 
 State and recommend such matters to it as he shall judge 
 expedient," I herewith transmit the following message: 
 
 Financial 
 
 The transactions of the treasury during the fiscal year 
 ended September 30, 1911, are summarized and shown in 
 the following statement : 
 
 Bal. of cash on hand Sept. 30, 1910. . $22,411,113 74 
 Receipts (including transfers between 
 funds), general fund : 
 
 Tax for court expenses. . $228,618 56 
 
 Excise tax 7,832,498 91 
 
 Corporation tax 9,781,748 72 
 
 Organization of coi"pora- 
 
 tions 337.261 II 
 
 Transfers (inheritance tax) 8,152,198 77 
 Stock transfers (stamp 
 
 tax) , 3>499.8ii 32 
 
 Mortgage tax 1,787,621 66 
 
 2 [17] 
 
i8 Public Papers of Governor Dix 
 
 Motor vehicles $878,799 25 
 
 Other sources 3,480,171 36 
 
 Total general fund. $35,978,729 66 
 
 Canal funds 16,976,469 76 
 
 Highway funds 12,911,387 76 
 
 Saratoga Springs State 
 
 Reservation fund . . 100,035 55 
 Palisades Interstate 
 
 Park funds 4,123,469 68 
 
 Trust funds 1,225,310 58 
 
 Total receipts $71,315,402 99 
 
 $93,726,516 73 
 Expenditures (including transfers be- 
 tween funds, general fund : 
 
 For support of the State 
 government, main- 
 tenance, construc- 
 tion and betterments 
 of institutions, and 
 maintenance and re- 
 pairs of canals and 
 
 highways $35,392,977 89 
 
 Canal debt sinking funds 1,600,924 15 
 Highway debt sinking 
 
 funds 1,054,018 91 
 
 For interest on bank bal- 
 ances belonging to 
 other funds 84,716 87 
 
 Total general fund. $38,132,637 82 
 
Messages to the Legislature 19 
 
 Canal funds $21,507,560 43 
 
 Highway funds 8,664,239 72 
 
 Saratoga Springs State 
 
 Reservation fund .... 19,045 74 
 Palisades Interstate 
 
 Park funds 4,079,666 66 
 
 Trust funds 1,137,974 20 
 
 Total expenditures $73,541,124 57 
 
 Balance of cash on hand Sept. 30, 191 1, $20,185,392 16 
 
 In addition to the receipts shown in the foregoing 
 statement, there has been collected about $735,000 as a 
 result of the enactment of the law providing an optional 
 tax on secured debts. 
 
 The net receipts available for the payment of appro- 
 priations during the past fiscal year were $35,959,878.36 
 as against $37,769,240.07 during the previous year. 
 Net expenditures out of appropriations aggregate 
 $37,940,879.46 against $38,225,974.03 a year ago. 
 
 The total of general fund appropriations enacted by 
 the Legislature of 1910 for support of government 
 (i. e., exclusive of the fixed charge for sinking fund 
 contributions) was $40,320,507.80 as contrasted with 
 $38,934,964.71 for similar purposes enacted by the Legis- 
 lature of 191 1. This decrease of $1,385,543.09 was, how- 
 ever, more than ofifset by an increase of $1,484,284.81 in 
 sinking fund requirements, resulting in a slight increase 
 in the total appropriations. 
 
20 Public Papers of Governor Dix 
 
 State Debt 
 On Sept. 30, 1910, the State debt was. $57,258,160 00 
 During the fiscal year ended Sept. 30, 
 
 191 1, further obligations have been 
 
 incurred — 
 
 For canal construction.. $10,000,000 00 
 
 For highway construction 10,000,000 00 
 
 For the Saratoga Springs 
 
 State Reservation . . . 100,000 00 
 
 For the Palisades Inter- 
 state Park 2,500,000 00 
 
 — 22,600,000 00 
 
 Making a total debt of $79,858,160 00 
 
 Against which sinking funds have been 
 
 provided amounting to 26,867,372 06 
 
 Leaving a net debt unprovided for on 
 
 Sept. 30, 191 1, of $52,990,787 94 
 
 An additional $10,000,000 of bonds for canal construc- 
 tion have been subsequently sold by the Comptroller. 
 
 Of the present $61,230,660 of canal bonds outstanding. 
 $4,000,000 will be redeemed January i, 191 2, and 
 $3,230,000 on January i, 1913. 
 
 Sinking Funds 
 The large annual increase in sinking fund requirements 
 is shown by the following : 
 
Messages to the Legislature 21 
 
 Fiscal year ending September 30, 
 1911. 1912. *I9I3- 
 
 Canal debt 
 sinking 
 fund .... $1,600,924 15 $2,257,044 88 $3,879,200 GO 
 
 Highway 
 debt sink- 
 • ing funds. 1,054,018 91 1,755,667 02 2,137,200 00 
 
 Palisades In- 
 terstate 
 Park sink- 
 ing fund 126,51597 130,0000a 
 
 Saratoga 
 Springs 
 State Re- 
 servation 
 fund 150,100 00 
 
 Barge canal 
 terminal 
 sinking 
 fund 121,452 00 
 
 $2,654,943 06 $4,139,227 87 $6,417,952 00 
 
 Need of Additional Revenues 
 
 While satisfaction may well be felt with the financial 
 
 record of the State for the year just past, and with the 
 
 commendation generously given to the Legislature for 
 
 the wise revenue-raising laws passed 191 1, and the reduc- 
 
 ■ * Estimated. 
 
22 Public Papers of Governor Dix 
 
 tion in appropriations for the general fund, yet I feel it 
 necessary and proper to direct attention to imminent 
 problems of taxation and revenue readjustment. 
 
 These problems are not characteristic of this State 
 alone, but are common to all States. The modern State 
 stands for a wider conception of public duty. Awakened 
 appreciation of the various factors in the common wealth 
 of the State, on the part of our citizens, and the salutary • 
 desire to develop, conserve and protect all the factors of 
 this common wealth, are adding constantly to the cost of 
 government. 
 
 - Progressive responsibility and increasing cost of gov- 
 ernment necessitate increased revenues, and the devising 
 of new sources of revenue for the State through taxation 
 that may be most easily, justly and equitably borne by the 
 people of the State, is a problem worthy of the wisest and 
 most patriotic of our citizenship. 
 
 The present operations of our indirect tax reach all the 
 sources of revenue supply that far-sighted lawmakers have 
 discovered, and yet, were it not for the imposition of a 
 direct tax of six mills in 191 1, adding $6,000,000 to the 
 State's income, this State would now be laboring with a 
 deficit. 
 
 We are growing rapidly in population and in wealth,, 
 and if production, transportation and manufacturing are 
 to be promoted, if education is to flourish, if canals are to 
 be enlarged and good roads built and maintained, and if 
 the common interests of our whole people are to be nur- 
 tured and protected, then more and more money will con- 
 tinually be needed. The national government is con- 
 stantly reaching into the States for new sources of money 
 supply for national needs, and everywhere the States are 
 
Messages to the Legislature 23 
 
 under pressure to discover and develop sources that 
 remain to them for State revenue. 
 
 Moneys necessary for the sinking funds — (interest and 
 redemption payments on bonds issued for canals, good 
 roads, etc.) — increased in this State from $2,654,943.06 
 in 191 1 to $4,139,227.87 in 1912, an increase of over 35 
 per cent, in this unavoidable expenditure, and this in- 
 crease must be cumulative for ensuing years, regardless 
 of the wisdom of successive administrations or the com- 
 plexion of their politics. 
 
 Adequate provision for the liquidation of the bonded 
 indebtedness for canal, terminal, and road improvements 
 that the people of this State have already determined 
 upon, involves inevitable increase in the burdens of our 
 funded debt. The subjoined table shows the total 
 amounts appropriated by the Legislatures of 1910 and 
 191 1, with the amounts paid to the various sinking funds 
 and the canal funds. The difference shows the amount 
 of the general fund budget of the State: 
 
 1910. 1911. 
 
 Appropriations $40,320,507 80 $38,934,964 71 
 
 Sinking funds 2,654,943 06 4,139,227 87 
 
 $42,975,450 86 $43,074,192 58 
 
 Decrease in appropriations $1,385,543 09 
 
 These figures prove a most gratifying reduction in the 
 general fund appropriations for the past year over the pre- 
 ceding year of 1910 — a decrease of $1,385,543.09. 
 
24 Public Papers of Governor Dix 
 
 Yet the wisest administration and the most reasonable 
 economy must be supplemented by additional revenue 
 measures in the near future, if the government of this 
 State is to serve and protect efficiently the interests of its 
 people. This problem should be approached in a patri- 
 otic, not a partisan spirit. Its solution hes in the field of 
 economics, not of politics. Service to the people of the 
 State in the development and protection of their common 
 wealth must be the only end sought, in the least burden- 
 some and most equitable ways. 
 
 Primaries and Direct Nominations 
 It is doubtful whether any single statute enacted by the 
 last Legislature was more important and far-reaching in 
 purpose and scope and possibilities than the law providing 
 for direct nomination of candidates at elections and estab- 
 lishing radical reforms in the control and conduct of 
 primary elections. For a period covering several years, 
 direct nominations had been considered without result by 
 various legislatures and widely discussed by the people 
 at large. Not within recent years has any question relat- 
 ing to electoral reform aroused more interest than that 
 of giving the enrolled voters of political parties within 
 the State direct and absolute control in the nomination 
 of party candidates, and the selection of delegates to con- 
 ventions and members of political committees. 
 
 The last Legislature is to be congratulated upon placing 
 on the statute books a law based on the principle of 
 direct nominations and of the right of party voters to 
 name and control party committees. Commendation is 
 more deserved because of the failure of previous legisla- 
 tures to comply with the just demand for such legislation 
 
Messages to the Legislature 25 
 
 from the citizens of the State, irrespective of party afKUa- 
 tion. The law as it stands may not in every particular 
 be all that it should be. First laws in the establishment 
 of a new order seldom are perfect. But its enactment is 
 a decided and substantial step in advance in one of the 
 most important and pressing reforms of our day. The 
 provisions of the new law make easy popular participation 
 in party organization and in control of party committees 
 and nominations. Assuming that the people desire and 
 intend to exercise the power given by the law to directly 
 nominate candidates for office, and to control party 
 organizations and conventions, the new law affords the 
 method and the opportunity, and will be the means of 
 effecting thorough and salutary changes in party manage- 
 ment in this State 
 
 Here and there in the law are apparently conflicting 
 provisions which need amendment. I strongly urge and 
 recommend early attention to these necessary changes. 
 For example, it is unwise and improper that members of 
 State Committees of the great parties should be" elected 
 at different periods in different parts of the State. They 
 should be elected at the same time in every county and 
 political subdivision — not in the fall in New York city, 
 and in the spring in the rest of the State. Such a pro- 
 vision is incongruous and radically in conflict with the 
 principle of uniform laws for the entire State. 
 
 In 1912, a Presidential year, the members of State Com- 
 mittees should be elected at the spring primaries in every 
 unit of representation on the committee. 
 
 Furthermore, I am strongly of opinion that the mem- 
 bership of the State Committee, the highest and most 
 powerful body within the organization of the political 
 
26 Public Papers of Governor Dix 
 
 parties, should be enlarged by law so as to include a 
 representative from each Assembly district, and that the 
 members of the committee should be directly elected at 
 the primary by the enrolled voters within the unit of 
 representation. Of such paramount importance in politi- 
 cal organization is the question of State Committee mem- 
 bership and election, that the unit of representation, and 
 the time and method of election, should be prescribed 
 by the laws of the State, and not left to the decision of 
 a convention or any outside body of party leaders. The 
 law should give authority to State Committees to impose 
 reasonable annual dues on its members, and to appoint 
 sub-committees to take charge of campaigns or other 
 special work. 
 
 The Direct Nomination Law is the first step in con- 
 structive legislation upon which the State has embarked 
 with a view to giving the voters of the State control in 
 party afifairs. The law will doubtless need amendment 
 and readjustment from time to time to meet contingen- 
 cies which only practical experience can reveal. The 
 enactment of the statute is the beginning of the end of 
 the contest for popular control of political organizations, 
 and for the direct nomination of candidates for office by 
 the voters of the State. It establishes a new order of 
 things in the conduct of party afifairs ; and if the people 
 are alive to the opportunities afforded by the law, and 
 take advantage of them, there can be no question but 
 that great benefit will result to the State and to the 
 various political subdivisions within the State. 
 
 Corrupt Practices at Elections 
 I strongly recommend the enactment of effective legis- 
 lation to prevent the buying and selling of votes. Twenty 
 
Messages to the Legislature 27 
 
 years ago the Empire State took a definite step in ad- 
 vance, through the enactment of the penal code provision 
 requiring candidates for elective office to file statements 
 of expenditure. At a much later period, following the 
 disclosures of the insurance investigation, there was an 
 imperative demand for the protection of elections against 
 merchandise of the ballot, of which the Publicity Law of 
 1906 was the fruit. 
 
 Succeeding Legislatures have amended the law so that 
 now it applies to primary as well as to general elections, 
 to candidates as well as to political committees. I earn- 
 estly recommend a further extension of the publicity prin- 
 ciple, so as to require a full public accounting of receipts 
 and expenditures for election purposes, before as well as 
 after election. The voter should know the sources, and 
 judge the probable motives, from which proceed heavy 
 campaign contributions; and in order to be of full value, 
 he must possess such knowledge before the election. 
 
 It is clear, however, that no publicity law can suffi- 
 ciently meet the requirements. It is our duty to recog- 
 nize the gravity of the evil and to seek drastic remedies. 
 There can be no peril so gravely menacing our institu- 
 tions as that of purchased elections, for corruption of the 
 franchise is corruption of the fountain-head of govern- 
 ment and of the social structure. 
 
 Administrations or legislatures honestly chosen, by an 
 uncorrupted electorate, may make grave mistakes, yet 
 there is representative government; administrations or 
 legislatures owing their title to a corrupted electorate 
 may avoid ordinary mistakes', yet there is unrepresenta- 
 tive government. They stand not for the people's will, 
 but for the people's shame. 
 
28 Public Papers of Governor Dix 
 
 The State of New York severely punishes burglary. 
 But the buying of elections burglarizes the inner sanctum. 
 The State of New York insists on a Hfe for a life; but 
 the buying of elections can have no other or surer result 
 than the killing of every principle and ideal of a self- 
 governing republic. Following each important election 
 come investigations and revelations which all too clearly 
 indicate the extent of the traffic in the elective franchise. 
 
 Millions of immigrants come annually to our shores, 
 to share the blessings of popular self-government. Woe 
 betide us, and them, if their first lesson in self-government 
 shall be that the vote has a commercial value. 
 
 Good citizens of all parties, and of every condition, are 
 alive to the need of eradicating from our political system 
 the terrible evils of vote-buying and vote-selling and of 
 every other form of electoral corruption and chicanery. 
 There should be, and there is, a complete union of all 
 good citizens upon the proposition that our elections must 
 be absolutely honest both in the polling and the canvass- 
 ing of the votes. To make a fraudulent election return is 
 rightfully regarded as an offense tantamount to treason 
 against the State; to buy or sell a vote is a crime of equal 
 magnitude and should be similarly treated by the laws of 
 the State. In the forceful words of another, the " filching 
 and slaughter of the suffrage is a deadly thrust at the 
 very source and fountain of our liberties." 
 
 Upon the eve of a Presidential election, I therefore 
 recommend that vote-buying be made a felony; that im- 
 munity be granted to the vote-seller upon condition that 
 he turn State's evidence against the vote-buyer. The man 
 of standing in the community who buys a vote is distinctly 
 a worse citizen than the degraded citizen who sells a vote. 
 
Messages to the Legislature 29 
 
 The first, severest and surest punishment should rest upon 
 the vote-buyer. 
 
 I further recommend such legislative action as may be 
 needful to forfeit the election of any candidate against 
 whom, directly or indirectly, through himself or another, 
 a material degree of corruption may be proved ; such for- 
 feiture, per se to render such candidate thereafter ineli- 
 gible for public office. 
 
 Athletic Commission Bill 
 I earnestly renew . my recommendation of September 
 28th for the repeal of chapter 779 of the Laws of 191 1, 
 known as the Athletic Commission Bill. I repeat that 
 when this bill came before me for signature I believed it 
 would prevent the disorderly and unregulated exhibitions 
 of boxing which have been given in this State for the last 
 few years. Experience with the new law has satisfied me 
 that it is not adapted to produce such a result. The 
 conditions which have arisen under it are hostile to the 
 feelings and the interests of the law-abiding citizens of 
 the State and should be ended at once. I therefore again 
 urge upon you the repeal of the law under which these 
 occurrences have arisen. 
 
 Workmen's Compensation and Labor Laws 
 I invite your attention to the situation created by the 
 decision of the Court of Appeals declaring unconstitutional 
 the Workmen's Compensation Law of 1910. In view of 
 the wonderful development and growth in all forms of 
 business, with consequent changes in conditions of labor 
 and the increased risks incident to many employments, it 
 may be truly said that the principle of compulsory com- 
 pensation for all industrial accidents, cannot fairly be 
 questioned. 
 
30 Public Papers of Governor Dix 
 
 The trend of enlightened pubHc opinion upon this sub- 
 ject is reflected in the legislation of foreign countries and 
 American States. 
 
 There can be no doubt as to the duty of the State of 
 New York, by reason of its commanding position indus- 
 trially, to occupy the foreground with regard to this most 
 important social and industrial question. There should 
 be on our part no hesitancy about taking such steps as 
 may be necessary to secure to our working population 
 the protection of an effective, yet rational, Compensation 
 Law. 
 
 The Constitrution of our commonwealth, according to 
 the decision above mentioned, prevents the doing of 
 average justice to those who by their toil contribute to 
 our material well-being and growth, and who are unfor- 
 tunate enough to be injured in the course of their labor. 
 The Constitution, therefore, should be so amended as to 
 clothe the Legislature with power to provide by proper 
 means the relief that labor is entitled to receive. The 
 adoption of such an amendment at this session of the 
 Legislature is earnestly recommended. 
 
 The advisability of amending the Labor Law relating 
 to the hours of labor of women in factories may well be 
 considered. There is a growing feeling that ten hours 
 work under abnormal conditions is injurious to the health 
 of women. Modern industry with its endless specializa- 
 tion and the speeding up which naturally follows, it is said, 
 operates to the detriment of the female worker. The 
 only relief possible lies either in prohibiting female labor 
 in such circumstances or in the reduction of the hours of 
 labor for women generally. The latter seems to me the 
 wiser course. 
 
Messages to the Legislature 31 
 
 The duty of the State to protect its women workers 
 against those who would unduly profit by their labor is 
 plain. It may be said that a sudden change from the 
 order of things that now prevails in our industrial estab- 
 lishments would be very harmful. I do not think the 
 change would be at all serious. Neighboring States have 
 assumed the risks of reducing the hours of labor of 
 women to nine per day without unhappy results. In any 
 case I feel that commercial interest should not outweigh 
 the humane aspects of this subject. I commend this 
 matter to your serious attention. 
 
 My attention has been called to the need of more thor- 
 ough inspection and regulation of bakeries in New York 
 City. An examination of the Labor Law convinces me 
 that its provisions are sufficiently broad to insure the 
 maintenance of proper sanitary conditions in such estab- 
 lishments. The need is not more law, but more frequent 
 inspection and a rigid use of the powers conferred upon 
 the Commissioner of Labor. Places where articles of 
 food are manufactured should be inspected every month. 
 The necessary force of inspectors should be provided to 
 do this work. It is idle to enact corrective statutes with- 
 out providing adequately for their enforcement. 
 
 Factory Investigating Commission 
 
 The Legislature of 191 1 authorized the creation of a 
 Commission to investigate the conditions under which 
 manufacturing was carried on in the cities of the first and 
 second class with a view to recommending legislation that 
 would more adequately protect the health and lives of the 
 men, women and children employed in the factories and 
 manufacturing establishments of the State, and, generally. 
 
32 Public Papers of Governor Dix 
 
 to improve the conditions of toil. The proximate cause 
 of the creation of the Commission was the occurrence of 
 a fire in a manufacturing estabhshment in the city of New 
 York which resulted in the loss of one hundred and forty- 
 three lives. 
 
 The Commission has held numerous sessions in the 
 different cities of the State, and a large amount of testi- 
 mony has been taken. Under the direction of the experts 
 of the Commission inspections have been made of a large 
 number of factories and manufacturing establishments 
 throughout the State and valuable statistical information 
 gathered. 
 
 From the evidence laid before the Commission it is 
 quite clear that remedial legislation is necessary to improve 
 the sanitary conditions and to properly safeguard the 
 lives of the workers in factory buildings, and that much 
 can be done in the way of improving the methods of 
 inspection of manufacturing establishments, possibly by 
 a system of registration and licensing, which will be to 
 the great advantage and improve the health and welfare 
 of those working therein. 
 
 Testimony was given before the Commission showing 
 that in one city of the State manufacturing was carried 
 on in 30,000 tenement houses. It appeared that this 
 manufacturing was carried on by men, women and often 
 very young children, who manufactured various articles 
 (some of them food products) in the places where they 
 ate and slept. It seemed to be almost impossible to con- 
 trol the employment of very young children in this work, 
 many of whom were kept from attending school because 
 of the need or anxieties of their parents. 
 
 This situation presents a problem which afifects not 
 only the worker in the tenement house himself, but the 
 
Messages to the Legislature 33. 
 
 general public which uses these manufactured articles. 
 The Commission has been able to ascertain only a few of 
 the facts with reference to this important subject during 
 its brief existence. The subject should be thoroughly- 
 investigated so that a comprehensive plan of legislation 
 governing this matter may be submitted. 
 
 I firmly believe that everything should be done which 
 will safeguard the life of every working man, woman and 
 child in this State. Humanitarian instincts and economic 
 motives demand that every possible step be taken to 
 check disease and accidents now so widespread among 
 our working people. 
 
 The State's supervision and protection of the workers 
 within its bounds should be regular and systematic and 
 not merely the aftermath of some terrible catastrophe 
 which might have been averted by proper diligence. 
 
 It is clear that it has been impossible for the Commis- 
 sion, in the short time at its disposal, to complete its 
 labors, although its members have worked most diHgently 
 and energetically, and I, therefore, suggest to the Legis- 
 lature that the time of the Commission be extended at 
 least one year and that sufificient appropria;tion be made 
 to meet its necessary expenditures. 
 
 It appears that conditions in manufacturing similar to 
 those which have been shown in the cities of the first and 
 second class exist in other cities and localities of the State, 
 and that in the interest of the citizens the scope of the 
 investigation should be broadened so as to cover the 
 entire State and all establishments where workingmfcn 
 and workingwomen are employed. 
 
 3 
 
34 Public Papers of Governor Dix 
 
 Civil Service 
 
 Good government and fidelity to the rights and interests 
 of the State require faithful compliance with the consti- 
 tutional provision that appointments and promotions in 
 the civil service of the State and its civil divisions shall 
 be made according to fitness to be ascertained as far as 
 practicable by competitive examination. The salutary 
 results which the people rightfully expect by the separa- 
 tion of the State civil service from the realm of political 
 spoils can be achieved in full measure only by a fair and 
 impartial administration of the Civil Service Law. It 
 may well be asked whether it is not a breach of the spirit 
 of a reformed civil service to change and adopt Civil 
 Service rules and regulations so as to cover into the com- 
 petitive and permanent class large numbers of adherents 
 of one political party originally appointed without ex- 
 amination and apparently as a reward for political ser- 
 vices. Especially questionable is such a procedure when 
 it is taken at a time when change of party control of 
 State administration seems imminent. 
 
 The support from public opinion necessary to the per- 
 manent establishment of a competitive civil service can 
 hardly be expected if there is apparent warrant for sus- 
 picion that members of all political parties cannot expect 
 equal treatment in the administration of the Civil Service 
 laws and regulations. To be truly nonpartisan the civil 
 service of the State must be open on equal terms to all 
 citizens, irrespective of their politics. That this has not 
 always been the case is indicated by the general belief 
 that the protected classes of the civil service are filled 
 almost entirely with the adherents of one political party. 
 This impression may not be altogether warranted. Never- 
 
Messages to the Legislature 35 
 
 theless it is the opinion of many members of the political 
 party that at the present time is charged with the respon- 
 sibilities of the State government, that they have been, 
 in a measure, unfairly dealt with in the administration of 
 the civil service. In former State administrations exemp- 
 tions were created in large numbers without protest, or 
 with only perfunctory objections from organized advo- 
 cates of Civil Service reform. At this time, however, 
 when effort is made to grant present State ofificials 
 elected by the people the direct power of removal from 
 and appointment to important places in their departments 
 that was exercised freely and without question by their 
 immediate predecessors in filling exactly the same places, 
 there is strenuous protest not unmixed with exaggeration 
 and misrepresentation. Civil service reform is a great 
 cause, but absolute fairness and justice should charac- 
 terize its development and administration. . Else the citi- 
 zens of the State who afifiliate with the party that suffers 
 from discrimination will feel resentment founded on a 
 •substantial grievance. To place the State Civil Service 
 outside the domain of party politics and to prohibit its 
 use as a reward for political service, is a laudable and 
 patriotic aim. Success cannot be achieved, however, by 
 making the civil service, in substance and practice, if not 
 in form, the perquisite of partisans of one political faith 
 to the practical exclusion of adherents of all other political 
 parties. Fair play and equal treatment is as necessary in 
 civil service administration as in every other department 
 of State government. 
 
 That comparison may be made with the civil service 
 record of the past ten years, I append the following state- 
 ment of action by the State Civil Service Commission on 
 
36 Public Papers of Governor Dix 
 
 applications for exempt classification of positions in the 
 State service: 
 
 1900 — Governor Roosevelt, 312 exempt applica- 
 tions; 297 granted; 15 denied. 
 
 1901-1904 — Governor Odell, 393 exempt applica- 
 tions; 283 granted; no denied. 
 
 1905-1906 — Governor Higgins, 245 exempt appli- 
 cations; 184 granted; 61 denied. 
 
 1907-1910 — Governor Hughes, 505 exempt appli- 
 cations; 374 granted; 131 denied. 
 
 191 1 — 458 exempt applications; 248 granted; 210 
 denied. 
 
 Conservation 
 This commonwealth has forest area of approximately 
 a milHon and three-quarters acres, a large percentage of 
 which has been lumbered, and of this territory 120,000 
 acres have been burned over. The lumbermen have re- 
 moved the mature trees and thereby diverted soil energy 
 to the young trees; but it cannot be claimed that they 
 have removed the humus, nature's natural reservoir for 
 retaining moisture on the high levels. 
 
 The people of to-day are merely custodians of the 
 natural resources within the borders of the State, and we 
 will be unfaithful stewards unless there is proper regard 
 and prudent management bestowed upon these resources. 
 During the past year there was inaugurated a plan 
 whereby there will be grown in nurseries established at 
 the two prisons in Washington and Clinton counties, and 
 also at the State Reservation at Saratoga Springs, twenty 
 million trees which it is planned to sell approximately at 
 cost to those who will plant these seedlings. It seems a 
 reflection upon our frugality to purchase these trees for 
 
Messages to the Legislature j/ 
 
 planting from the nurseries in Germany and France, when 
 their production here is merely a matter of the application 
 of our skill and facilities. 
 
 The burned area in our forest preserve has destroyed 
 humus, or leaf mold, which cannot be replaced in centuries. 
 There remains but one substitute, and that is the con- 
 struction of reservoirs to scientificaliy regulate the flow 
 of streams. A profound obligation rests upon the State 
 to enaot laws which will increase the prosperity of our 
 people, promote the public welfare, attract industries to 
 this State and augment the general health and safety of 
 our citizens. The problems involved in conserving the 
 resources of the State for the benefit of the people are in 
 some cases simple enough; but in others, particularly 
 along the line of hydro-electric development, they are 
 new and complicated, both mechanically and in their legal 
 aspect, and warrant the most comprehensive policy possi- 
 ble to make them effective agents for the benefit of the 
 people. 
 
 Conserving the waters on the high levels must be un- 
 derstood to embrace ownership or power of control and 
 regulation by the State, to the end thait the same shall be 
 preserved to the people for their use and enjoyment for- 
 ever, thus ensuring to them all the benefits to be derived 
 from a development of the natural resources of the State. 
 This should be accomplished without adversely afifecting 
 existing interests. Legislation which shall recognize and 
 conserve the interests of the people, with due regard for 
 the rights of private business, will receive the approval 
 of all citizens. 
 
 Hydraulic energy is a most important factor in the 
 growth and prosperity of the State. The storm or flood 
 
38 Public Papers of Governor Dix 
 
 waters of the streams in this State should be made availa- 
 ble for public purposes, to benefit the health of communi- 
 ties along those streams by increasing the minimum flow 
 and to avoid the devastating results of floodtime. There 
 is no resource upon which our industrial, commercial and 
 human progress depends more than upon a wise, compre- 
 hensive and practical development and use or this poten- 
 tial force which by the hand of man can be made to heat 
 and light our homes, propel trains, move the wheels of 
 industry and give motive force for factory, forge and 
 spindle. This storehouse of energy and wealth and com- 
 fort should forever be the property of the State, yielding 
 annually a revenue commensurate with wholesome 
 development. 
 
 The hydro-electric power created by the construction 
 of internal improvements such as the barge canal, can 
 and should be used to invite industries to locate along the 
 line of the canal, thereby inducing the congested popula- 
 tion of our cities to build up communities in healthful 
 surroundings, and by their industry furnish traffic for this 
 great State waterway. Until these new forces are scientifi- 
 cally developed and utilized there will remain all the ele- 
 ments of destruction that every city situated on the banks 
 of the streams has experienced for decades. 
 
 The population of the State of New York has doubled 
 in thirty-five years. The greatest increase has followed 
 the water courses of navigable streams ; and while the 
 communities thus located are visited by disastrous floods 
 with lamentable loss of life and destruction of property, 
 they are constantly contributing to the streams by sewage 
 disposal a menace to the public health. Scientific and sani- 
 tary disposal of sewage is no longer an experiment. I 
 
Messages to the Legislature 39 
 
 believe that every municipality should, for the sake of 
 pubHc health, be required to construct disposal plants 
 w^hereby the lakes and streams of this State may be puri- 
 fied and the public safeguarded. And I recommend laws 
 which, within the shortest possible period of time, will 
 prevent this fouling of State waters. 
 
 Two dominant factors exist in the vast undertaking to 
 control, develop and regulate the water in the streams of 
 this State. First, the regulation: The waters thus con- 
 served should be utilized and disposed of by the people 
 and for the people. Stream regulation will increase the 
 efificiency of the present power development in the 
 streams to be regulated, and the direct benefit to the 
 present power owners should be paid for by such power 
 owners. I believe that the practical working of such a 
 plan will enable the impounded water to be utilized for 
 power, such power to be disposed of upon terms that 
 will ensure adequate and just revenue to the State, and 
 at the same time encourage the development of indus- 
 tries, create for labor greater opportunities for employ- 
 ment and contribute generally to the material prosperity 
 of the commonwealth. 
 
 Secondly, the hydro-electric energy resulting from the 
 development of new powers : If utilized to its full capacity, 
 there can be created in this State a system for supplying 
 electric current to every municipality, which will mean a 
 saving to the people of this commonwealth of 20,000,000 
 tons of coal per annum. New York State is unique in its 
 possession of this hydraulic energy. Surrounded by water 
 on its entire western, northern and eastern borders, there 
 is a possibility of developing from latent energy not at 
 present utilized, one and a half million horse-power which 
 
40 Public Papers of Governor Dix 
 
 can be distributed through feeders along the line of the 
 Erie canal and the Champlain canal, with a loop extending 
 through the southern -tier of counties, sufficient energy 
 to create in perpetuity the power now supplied by the 
 annual consumption of 20,000,000 tons of coal. 
 
 These two factors are of great magnitude. They are 
 distinct and separate; yet they should co-ordinate in a 
 general plan of homogeneous development of hydro- 
 electric possibilities. I recommend that the Legislature 
 enact laws which will enable the initial construction of 
 storage reservoirs looking forward to the rounding out 
 in future years of this great economic possibility of utiliz- 
 ing the forces that nature has given us, instead of drawing 
 upon the coal fields of our neighboring States. 
 
 The State should never surrender ownership or control 
 of the great potentialities created by the barge canal and 
 the canalized rivers which form a part of the canal system. 
 No sale of the State's resources should be made. In fact 
 it would seem right and proper that such sale or transfer 
 be prohibited. The policy of the State should be to pre- 
 serve ownership and control of its natural resources and 
 develop and utilize them entirely and solely for the public 
 welfare. 
 
 Agriculture 
 The agricultural interests of this State are very impor- 
 tant, and any efforts in their behalf are in the interest of 
 urban communities as well as rural communities, for the 
 simple reason that prices of food products must depend 
 upon quantities produced. This is an era of development 
 and application of scientific agricultural methods, and the 
 great need is to get these methods adopted as widely and 
 as quickly as possible. Liberal support should be provided 
 for our agricultural institutions. 
 
Messages to the Legislature 41 
 
 The last Legislature established a commission to inves- 
 tigate the food supply of the State. The work of this 
 commission will include a systematic study in the interest 
 of the development of trade conditions in farm products 
 which will benefit both consumer and producer. 
 
 Provision should be made whereby meat sold in the 
 markets of this State shall be subject to inspection. The 
 federal government now inspects meat for interstate and 
 foreign trade, but that inspection cannot be extended 
 to the many abattoirs and markets engaged wholly in 
 intrastate trade. This condition is inimical to the public 
 health. Furthermore, it is against the best interests of 
 the live stock business in this State because it encourages 
 discriminating buyers of meats to favor supplies from 
 other States so as to secure the benefit of inspection. A 
 rational inspection could be developed within the Depart- 
 ment of Agriculture which would do much to correct 
 these evils. 
 
 The Oleomargarine Law should be amended to pro- 
 hibit the dishonest substitution of oleomargarine for pure 
 butter. The imitation product should not be allowed to 
 be made or sold with any shade of yellow color which 
 would make it an easy matter to represent it as butter. 
 
 Efforts to make known the great opportunities offered 
 by agriculture in this State should be continued and in- 
 creased. It is reported that thousands of farmers are 
 emigrating from this country. It is my firm belief that if 
 -these farmers could be correctly informed regarding the 
 opportunities in New York State many of them would 
 come here. 
 
 Good Roads 
 
 There are approximately 80,000 miles of road in the 
 State of New York, about ,3,000 of which have been im- 
 
4? Public Papers of Governor Dix 
 
 proved as State or county highways, 3,000 have been 
 macadamized as town roads, 8,000 improved by counties 
 as gravel roads, 40,000 shaped to some extent, and 26,000 
 miles remain in their original condition. 
 
 No question of State administration is of greater imme- 
 diate interest to the citizenship of the State than that of 
 improved highways. The time has long passed when it 
 was necessary to advance reasons in support of the claim 
 that it is the business and the duty of the State, within 
 the lines of legitimate need, to use its credit and its 
 resources to provide a comprehensive system of co- 
 related good roads that will include every county in the 
 State and, as far as possible, every local subdivision within 
 each county. The only question now is how to secure for 
 the State the best results and highest efficiency at the 
 lowest cost to the taxpayers. 
 
 The welfare of the State requires the fullest development 
 of its highway system. No subject is more worthy the 
 attention of the executive and legislative branches of the 
 State government than that of adopting wise and equita- 
 ble road legislation, and of ensuring efficient road admin- 
 istration in the State and in the counties and their sub- 
 divisions. 
 
 The people have decided to spend more than 
 $100,000,000 to construct waterways from the head of 
 river navigation at Albany or Troy to the Great Lakes 
 at Bufifalo, and from Albany north to the Canadian line, 
 thus making it possible to transmit freight at low cost 
 from boundary to boundary within the State. But good 
 roads constructed by the State must be the feeders of 
 this great enterprise, or the barge canal cannot fulfill its 
 mission as a factor in the growth and development of the 
 commonwealth. 
 
Messages to the Legislature 43 
 
 I have been generous in approving- bills for the con- 
 struction of improved highways through the southern 
 and northern sections of the State. This I have done for 
 what I deemed a sufficient reason. The Hudson and 
 Mohawk rivers are our great natural waterways. The 
 valleys of these rivers were the original Indian trails. 
 With the incoming of the settlers there came primitive 
 roads, then highways, then canals, followed by the rail- 
 roads. These facilities for transportation and communi- 
 cation created great cities. The territory and counties 
 adjacent to the canals and waterways enjoy means of com- 
 munication, built in part by the State, which connect them 
 with the great centers of trade, with the metropolis of 
 the continent, and with the great port of exportation. 
 Why should not the other counties of the State have sim- 
 ilar facilities? And how can these facilities be created 
 except by the construction of a State system of highways 
 that will traverse every county and connect the most 
 remote settlement with its market and the outside world? 
 
 In crossing the State the Erie canal traverses the coun- 
 ties in a nearly straight hne from the lakes to the sea. 
 But Cattaraugus and St. Lawrence, and counties north 
 and south of the canal, are far removed from the State- 
 constructed waterway. Is it not fair to presume that the 
 people, who authorized and created the present State 
 canal system, intended also to create for all the counties 
 an equivalent system of State highways? Any other 
 course would be flagrantly unfair. For that reason I 
 heartily concurred with the last Legislature in giving fav- 
 orable consideration to bills which appropriated approxi- 
 mately $14,000,000 for trunk lines or special highway 
 routes through the State. 
 
44 Public Papers of Governor Dix 
 
 If at the beginning of the good roads movement this 
 State had taken over all of the roads which were desig- 
 nated on the map by the Legislature as " State Roads," 
 and maintained and put in condition such of these roads 
 as were not to be improved in the very near future by 
 rebuilding, the State would have had at the present time 
 a fair system of roads throughout, and in many cases it 
 would have been found that by an expenditure of not to 
 exceed $2,000 or $2,500 a mile, using local materials, 
 roads could have been improved to withstand the traffic 
 to which they have been subjected. 
 
 It is not now too late to move in this matter, and the 
 Highway Commission recommends that in the immediate 
 future the public highways, comprising the so-called 
 " State " highway system, shall by statute be placed under 
 the care and supervision of the State Highway Commis- 
 sion, and the localities through which such highways may 
 pass be relieved of all direct responsibility therefor, except 
 that the towns through which such roads pass shall be re- 
 quired to continue, as provided by section 172 of the High- 
 way Law, to levy a tax of $50 per mile for the repair, im- 
 provement and maintenance of the same, regardless of 
 whether they have been rebuilt or not. 
 
 Provision could also be made that wherever practicable 
 local labor, material and machinery should be employed 
 in the repair and maintenance of the unimproved portions 
 of the State system, and also that the State should pro- 
 vide an amount of money on these unimproved portions 
 at least equal to the amount raised by the towns. This 
 would make available at once annually at least $100 per 
 mile for the maintenance and repair of all unimproved 
 State highways in the State. 
 
Messages to the Legislature 45 
 
 The same plan could be applied to the so-called State 
 and county system, making it, however, permissive and 
 dependent upon a formal request from the authorities of 
 any particular county. 
 
 By judicious expenditure of the money available, in five 
 years the State would possess even in the so-called unim- 
 proved roads, an adequate system of highways. 
 
 The prosperity and development which depends upon 
 transportation cannot be completely attained by the State 
 or its subdivisions until every mile of public highway has 
 been put in the best possible condition for practical use. 
 Good roads decrease the cost of transportation, permit 
 the cultivation of crops not otherwise marketable, give a 
 longer time for the marketing of crops, permit marketing 
 to be done when prices are most favorable, give a wider 
 choice of marketing places, tend to equalize railroad traffic, 
 stimulate and equahze mercantile business throughout the 
 year, permit more easy intercourse between residents of 
 rural communities, facilitate the consolidation of rural 
 schools, and expedite and improve the rural free delivery 
 postal system. 
 
 Home Rule for Cities and Villages 
 To Americans no right is more sacred than that of self- 
 government. The fundamental principle of home rule, 
 which is but another term of self-government, is in theory 
 the basis of the American system of government. It is 
 the principle upon which rests our Federal and State gov- 
 ernments. It is the foundation of our constitutions, both 
 National and State; yet in the actual government of 
 municipalities and their local subdivisions within the State, 
 the principle is not simply violated — it is forgotten and 
 
46 Public Papers of Governor Dix 
 
 ignored. More than half the time of every Legislature 
 is consumed in the consideration of local bills dealing with 
 purely local matters that should no more be discussed 
 and settled by the State Legislature in Albany than should 
 purely State matters be discussed and settled by the 
 National Congress in Washington. 
 
 .The last Legislature is to be commended for the pas- 
 sage of a proposed amendment to the State Constitution 
 guaranteeing to cities and incorporated villages the right 
 of municipal self-government, and restricting the power 
 of the Legislature to the enactment of general laws in 
 reference thereto. The people of the State are to be con- 
 gratulated upon the prospect, through the action of the 
 last Legislature, of having this great and important ques- 
 tion presented to them for final settlement. The present 
 Legislature can perform no more beneficial service to the 
 State than to establish, so far as possible, in the funda- 
 mental law of the State, the boon and right of home rule 
 and self-government to the cities and villages within the 
 State. I desire to repeat what I have said on another 
 occasion, that local self-government should be as clearly 
 and definitely established as State government, or as the 
 rights of the nation within the lines of the Federal 
 Constitution. 
 
 Instead of a self-governing community, the American 
 city is an aggregation of people that in fact are the sub- 
 jects and the victims of a legislative power outside them- 
 selves and greater than themselves. 
 
 In the State of New York there are forty cities of the 
 third class, six of the second, and three of the first. Here 
 is a total of forty-nine cities. In the single year 1910 the 
 Legislature amended the charters of thirty-one cities. 
 
Messages to the Legislature 47 
 
 passed sixty-two amendatory city acts, and amended, 
 revised or repealed three hundred and fifty-seven sections 
 of city charters, not including the revision of an entire 
 charter of four hundred and sixty-two sections governing 
 a single municipality. This one year differs from no 
 other, and in no material respect did the record of the 
 last Legislature indicate a change for the better along 
 these lines. 
 
 We as a people pride ourselves on our intelligence and 
 common sense. Is there a modicum of either in a system 
 of municipal goverrunent which requires the city of 
 Poughkeepsie to apply to the Legislature of the State for 
 authority to spend its own money in its own way for the 
 benefit of its own people? What can the Senator or 
 Assemblyman from Dutchess know of the needs of the city 
 of New York? What can the members from New York 
 "know of the needs of the city of Lockport? And so on 
 to the end of the chapter. 
 
 The time has come when the cities should demand that 
 instead of being governed as subject provinces, they 
 should be endowed with powers of government as com- 
 plete and efficient as those vested in the State and Nation 
 by the State and Federal Constitutions. 
 
 If home rule and local self-government were fully and 
 permanently estabHshed, mistakes would doubtless be 
 made in the government of our cities. The mistakes, 
 however, would be made by the people themselves, and 
 correction would quickly follow. 
 
 In every true American there is a sense of civic pride 
 that needs but awakening to be a living force, working 
 for the uplift and efficiency of municipal government. 
 With this civic pride aroused and utilized for the emanci- 
 
48 Public Papers of Governor Dix 
 
 pation of our cities from State control, there will come 
 the happy day when the American city will be the best 
 governed city in the world. 
 
 Efficiency in Local Administration 
 
 I am convinced that much, if not practically all, of the 
 ineflficiency and apparent extravagance of cost of adminis- 
 tration in local government in this State is due, not to 
 questionable purpose, bad methods, or deHberate malad- 
 ministration, but to unsound and slipshod methods. We 
 need in this State, in its municipalities and its county, 
 village and local governments, a scientific system of ad- 
 ministration and expenditure. The present methods of 
 local administration are devoid of system, and in their 
 effect are chaotic and inefficient. They are not based 
 either on study or knowledge of conditions, but on 
 ephemeral and personal considerations. 
 
 The result is increased cost of local government which 
 inevitably entails increased taxes, inefficient administra- 
 tion and diminished results that affect every department 
 of municipal and village government, including education 
 and health, as well as the administration of business 
 affairs of the localities. There is a State-wide need of 
 measures that will promote, if not guarantee, a maximum 
 of benefit to taxpayers for the money they pay into local 
 treasuries. I recommend the attention of the Legislature 
 to these matters with a view of adopting practicable and 
 reasonable measures that will establish the following 
 results : 
 
 A State central " Efficiency Bureau " which, at local 
 expense, will place expert criticism, expert advice and 
 expert service within the reach of communities too small 
 to organize their own staffs of efficiency experts. 
 
Messages to the Legislature 49. 
 
 A mandatory minimum standard of efficiency in ac- 
 counting and business procedure to be exacted by the 
 State Comptroller or separate bureau upon all municipali- 
 ties, including counties and villages. 
 
 A compulsory minimum standard of health supervision,, 
 at local expense, in all public schools, no matter how small 
 the administrative unit, such supervision to include a mini- 
 mum standard of material conditions surrounding children 
 at school, as w^ell as inspection for physical defects and con- 
 tagious diseases heretofore included in the permissive 
 acts provided for medical inspection and medical 
 examination. 
 
 Among informed students of health, education and gov- 
 ernment in this State, there is an earnest and general 
 demand for intelligent action in the directions above 
 indicated. 
 
 Taxation 
 
 For a number of years past the question of taxation has, 
 been lightly considered or altogether neglected. Such 
 changes as were made in the Tax Law did not simplify 
 the system or improve the administration. Last year,, 
 however, the Legislature and Executive united in efforts 
 to improve the tax system of the State. Much has been 
 accomplished, both in the law itself and in the methods 
 of administration. A good foundation has been laid on 
 which we can steadily build upward toward a system of 
 intelligent assessment and just taxation which will remove 
 much of the friction and irritation which the subject of 
 taxes usually arouses. 
 
 The Inheritance Tax Law has been rewritten. The 
 exorbitant rates enacted in 1910, reaching to a maximumi 
 of 25 per cent., and which were fast driving capital from 
 4 
 
50 Public Papers of Governor Dix 
 
 the State, have been replaced by moderately graded rates, 
 rising only to 8 per cent, with liberal exemptions to small 
 estates. The tax on bequests for charitable, religious and 
 educational institutions outside of our State has been 
 removed, and such institutions are treated in the same 
 way as those in our State. 
 
 And finally, the wholly unjust and double taxation of 
 intangible property of non-residents, that is to say, of 
 stocks, bonds, mortgages and other obligations belonging 
 to non-residents has been abolished. This double taxa- 
 tion has been for years a cause of friction and New York 
 has suffered far more from the resentments aroused than 
 it gained 'in revenue from the unfair tax. Now, without 
 waiting for other States to act and regardless of what 
 they may do, New York has enacted a just inheritance 
 tax law. 
 
 The burden on the State Treasury to provide for the 
 sinking fund and interest on the State debt, which will 
 increase each year for some time to come, has been frankly 
 and honestly met by a direct State tax of 6/10 of a mill. 
 
 At the same time a new source of revenue to the State 
 Treasury has been provided in the " secured debt " tax. 
 This should provide a substantial annual revenue of sev- 
 eral million dollars and will certainly do so, if the law is 
 enforced by the local assessors. 
 
 The opportunity afiforded to the owners of bonds which 
 come within the definition of " secured debts " to present 
 them to the State Comptroller to be stamped on payment 
 of the tax of one-half per cent, to the State Treasury 
 should be promptly availed of. If this is not done, the 
 offset of debt against such securities is withdrawn. Hence 
 it is the duty of local assessors to be diligent in placing 
 
Messages to the Legislature 51 
 
 upon their local rolls the names of all possible holders of 
 such bonds, for the purpose of assisting the State Treasury 
 in the event of the registration and of assisting the local 
 treasuries in the event of failure to so register them. 
 
 The local administration of tax laws has been strength- 
 ened by statutes providing for the separate -assessment 
 of land and buildings in all the cities of the State ; for the 
 assessment of real estate in all the towns and villages, to 
 be made against each parcel, lot or farm, regardless of the 
 name of the owner; for a uniform and equitable rule of 
 equaHzation by county boards of equalization, conform- 
 ing to the rule employed by the State Board of EquaH- 
 zation and by changes in the form of the roll. 
 
 All of these amendments tend toward a better and more 
 even assessment for local taxation. They have been rec- 
 ommended by the State Tax Commissioners repeatedly 
 for many years. 
 
 I invite your attention to the importance of further 
 aiding the local assessors by such changes as will simplify 
 their work and provide further safeguards for the tax- 
 payer against unequal assessment. 
 
 In line with these changes the method of assessing spe- 
 cial franchises has been improved in accordance with a 
 suggestion of the Court of Appeals, so that useless litiga- 
 tion may be prevented and the prompt collection of this 
 tax facilitated. 
 
 The improvement in our tax laws noted above is largely 
 due to the excellent work of such gatherings as the State 
 Conference on Taxation held at Utica in January last, and 
 to the annual meetings of the National Tax Association. 
 A similar conference will be held next week at Bufifalo. 
 These conferences are composed of local officials charged 
 
52 Public Papers of Governor Dix 
 
 with the duties imposed by the tax law and of citizens 
 representing in many ways the taxpayers of the State. 
 Their reommendations for the improvement of adminis- 
 tration and the remedy of acknowledged evils are entitled 
 to serious and earnest consideration. 
 
 Despite all efforts at economy the sum total of taxation 
 increases everywhere and particularly in cities. This is 
 due largely to the demands for more and better govern- 
 mental services, and if the money is fairly levied and 
 wisely spent the increase is not necessarily a real burden. 
 Nevertheless, the larger and larger budgets arouse a spirit 
 of criticism and hostility which may be due in part to a 
 feeling that those who pay the bills do not have a suffi- 
 cient voice in determining their amount or character. I 
 therefore recommend for your consideration the expedi- 
 ency of allowing by general law some larger measure of 
 home rule to the local subdivisions of the State in deter- 
 mining the distribution of their local expenses upon local 
 property. 
 
 The existing laws provide that all savings bank deposits 
 shall be exempt from taxation. These provisions had for 
 their purpose the protection of the poor, whose use of 
 the savings bank is for the safety of small savings rather 
 than as a place of investment. This purpose was highly 
 commendable, and it is proper that the poor who are 
 thrifty enough to have accumulated a few hundreds of 
 dollars, should be protected and encouraged to go on 
 saving, as against sickness and misfortune. Under the 
 protection which the law gives, however, there has grown 
 up an abuse. While the deposits of an individual in a 
 single savings bank under the statute are limited to 
 $3,000, it is not uncommon for an individual to separate 
 
Messages to the Legislature 53 
 
 his funds, placing them on deposit in a single bank in the 
 name of various members of his family other than himself, 
 thus violating the law in spirit, if not doing so technically. 
 Another method is for the same individual to distribute 
 his funds among various savings banks, keeping in each 
 one of several an amount up to the limit. 
 
 In these days when the State is exerting itself to find 
 legitimate new sources of revenue, it would seem that 
 some method might be devised whereby, without doing 
 violence to the small saver, the milHons or dollars in this 
 State which seek the savings bank as a source of invest- 
 ment, because of the willingness on the part of the in- 
 vestor to accept a smaller rate of interest on account of 
 security from taxation, might be made to pay their proper 
 proportion for the support of the government. I recom- 
 mend that a study be made, with a view of devising such 
 equitable amendments of the present statutes as will put 
 a stop to present abuses, without defeating the original 
 purposes of the statute authorizing exemption of savings 
 bank deposits from taxation. 
 
 Taxation of Manufacturing Corporations 
 The Act of 1857, under which we tax the surplus tools 
 and machinery of manufacturing corporations, is in urgent 
 need of such amendment as will make it uniform through- 
 out the State in its application, and a better revenue pro- 
 ducer, while at the same time giving more encouragement 
 to capital seeking investment in manufacturing. The 
 Court of Appeals has ruled that this statute presents a 
 most extraordinary confusion of ideals and, read literally, 
 leads to most absurd results; that under it the assessors 
 of our more than 1,500 cities, villages and townships have 
 
54 Public Papers of Governor Dix 
 
 no law or rule to guide them in ascertaining the value of 
 capital stock and surplus. The assessment, therefore, 
 being merely the result of hearsay and guesswork, the 
 tax is imposed with great inequality and much unjust dis- 
 crimination throughout the State, depending entirely 
 upon what the local assessor, unguided by any rule, 
 chooses to do in imposing or waiving it. 
 
 For many years Pennsylvania and other nearby States 
 have openly and boastfully taken advantage of this hostile 
 and menacing condition of our laws to untax the ma- 
 chinery, tools and other personal property of their 
 manufacturing corporations. 
 
 The result is that New York and foreign capital has 
 invested in manufacturing in those States in preference to 
 New York to such an extent that New York is rapidly 
 losing its place as the leading manufacturing State in the 
 Union, notwithstanding its superior location and advan- 
 tages, and this tendency should be stopped by every 
 legitimate means that we can adopt. 
 
 Nothing contributes so much to the growth and pros- 
 perity of a State as do manufacturing industries and their 
 payrolls. With the completion of our barge canal and its 
 terminals, we may reasonably anticipate that there will 
 develop between Buffalo and New York the greatest 
 growth of manufacturing industries to be seen upon this 
 continent, provided that we manifest a fair and hospitable 
 disposition toward capital in our laws relating to incorpo- 
 ration regulation and taxation. 
 
 There neither is, nor will there be, any necessity to 
 exempt any portion of manufacturing capital or surplus 
 from taxation, as is done for competitive reasons in some 
 other States. But I am convinced that if we hope for the 
 
Messages to the Legislature 55 
 
 great increase in the inves.tment of manufacturing capital 
 to which we are otherwise reasonably entitled, we must 
 couple with our other advantages a manufacturing tax law 
 that is just, definite and uniform, and that makes the 
 matter of location of industries in the State purely a 
 matter of business choice between competing localities 
 presenting greater or less natural or acquired advantages. 
 The Federal government tax recently imposed upon the 
 net earnings of manufacturing corporations, suggests a 
 method of State taxation that is worthy of consideration 
 as an improvement upon our present unsatisfactory 
 statute. The filing with State authorities of a duplicate of 
 the report required to be filed with the Federal authori- 
 ties, would impose no additional burden upon the cor- 
 poration and would afiford a definite, certain basis for the 
 imposition of a tax that, no matter how moderate it was, 
 would produce more revenue than is secured under the 
 present law. Without being definitely committed, how- 
 ever, to this or any other particular theory of reforming 
 our present statute, I urge the subject and its importance 
 upon the consideration of the Legislature. 
 
 Reorganizing of Corporations 
 In a recent case it has been decided by the Court of 
 Appeals that _the Public Service Commission have but 
 very limited control over the capitaHzation of successor or 
 reorganized corporations incorporated pursuant to the 
 provisions of section 10 of the Stock Corporation Law. 
 It seems to be lawful for such a corporation to adopt a 
 plan of reorganization involving a stock and bond issue 
 largely in excess of the fair value of the property involved 
 and limited only by the amount of the outstanding stock 
 
56 Public Papers of Governor Dix 
 
 and indebtedness of the bankrupt corporation to which it 
 succeeds. The wise policy of the law which is being en- 
 forced in other cases with general approval is that capi- 
 talization of public service corporations shall bear a 
 definite and proper relation to the value of the property 
 upon which their stock and bond issues are based, and the 
 reasons are overwhelming that the same policy should 
 be at once extended to reorganizations. It has been 
 applied in several cases, before the decision referred to, 
 with commendable results. An amendment to the Public 
 Service Commissions Law designed to place the capital- 
 ization of such corporations clearly within the regulative 
 power of the Commissions to the end that the stock and 
 bond issue shall be limited to the fair and reasonable value 
 of the property taken over, but leaving the distribution 
 thereof, as heretofore, to agreement between the various 
 interests, will be submitted to you, and I recommend its 
 speedy enactment into law. 
 
 Regulation of Private Water Companies 
 One important class of pubHc service corporations has 
 not yet been subjected to that measure of supervision and 
 regulation extended to other classes. Most of the water 
 supply systems of the State are owned by the municipali- 
 ties which they serve. There are, however, a considerable 
 number of privately-owned water plants serving the pubHc. 
 The purity of the water furnished by them, its suflficiency, 
 the rates charged, the reasonable exension of mains to 
 supply growth of population, the pressure given for fire 
 protection, are all subjects of the highest importance to 
 the communities served by these plants, and there is a 
 well-founded demand that the State assume to control and 
 
Messages to the Legislature 57 
 
 regulate the operations of water supply corporations. The 
 public health is dependent upon proper service and this 
 consideration alone is sufficient to warrant the extension 
 of the Public Service Commissions Law to this class of 
 corporations. I therefore recommend the enactment of 
 a. new article constituting an addition to that law which 
 shall extend its supervision and regulatory powers to 
 them. All or practically all of these plants are situate in 
 the second commission district and the creation of a new 
 division in the administrative organization of that commis- 
 sion in charge of a qualified chief, would involve no ex- 
 pense not amply warranted. 
 
 Grade Crossings 
 
 The increasing frequency of accidents at grade highway 
 crossings of steam railroads, the peril and inconvenience 
 to which the public are subjected at such crossings, the 
 increasing traffic upon both the railroads and highways 
 urgently demand that liberal appropriations should be 
 made to carry on the work of eliminating such crossings. 
 There are in this State, outside of the city of New York, 
 upwards of 8,500 such crossings, a great proportion of 
 which are a constant menace to the safety of the public. 
 At many of these crossings in cities and villages the inter- 
 ference with traffic is serious and costly to the public. 
 Gates, flagmen and warning bells have their use at such 
 points of danger, but many of the most serious accidents 
 occur at protected crossings. The existing law for the 
 elimination of grade crossings was enacted in the year 
 1897, and in the fourteen years it has been in efifect the 
 State has paid as its share of the expense of elimination 
 only $1,108,093.43 — an average of but $79,149 per year. 
 
58 Public Papers of Governor Dix 
 
 I am advised by the Public Service Commission of the 
 Second District that since the appropriation for 191 1 was 
 made, enough cases have been taken up by it and are 
 being pushed to determination to absorb the entire sum 
 available in that district. 
 
 The expense of such elimination is very great. One 
 recently completed in the city of Utica is estimated to 
 have cost $400,000. The city of Albany is now urging an 
 elimination in that city at a total expense of $400,000, of 
 which the State's share will be $100,000. The city of 
 Jamestown has secured an order for the elimination of 
 three crossings in that city at a total estimated cost of 
 approximately $640,000. Eliminations upon country 
 highways cost very much less. The average estimated 
 cost to the State of eliminations in towns during the past 
 four years has been about $6,700 per crossing. In vil- 
 lages the cost is somewhat greater. 
 
 Insurance 
 
 As is proper in a State whose insurance interests far 
 exceed those of any other State and within whose borders 
 is the insurance capital of the nation. New York has, in 
 recent years, been the leader in movements toward the 
 greater safety, the increased supply and the reduced cost 
 of insurance. The reforms afifecting life insurance ac- 
 complished by the legislation of recent years quieted pub- 
 lic apprehension, checked extravagances, and, through 
 increased dividends, considerably decreased the premiums 
 paid by the people. 
 
 The revision of the Insurance Law during the past few 
 years has eliminated from that statute inconsistencies and 
 special privileges, has greatly increased the supply of 
 
Messages to the Legislature 59 
 
 dependable insurance, has vested the Insurance Depart- 
 ment with enlarged but necessary powers, and, for the 
 first time, has given an administrative organ of govern- 
 ment jurisdiction both to examine into insurance pro- 
 motions and to liquidate insurance concerns. 
 
 The Legislature of 191 1 had a large part in this work; 
 twenty-seven of its bills to amend or amplify the In- 
 surance Law received the executive approval. These bills 
 covered a wide range. The most important were: 
 
 That establishing the department of the State Fire 
 Marshal ; that penalizing rebating in connection with fire, 
 casualty and the aUied insurance lines ; that for the licens- 
 ing of agents and brokers writing or seeking insurance 
 of these kinds; bills in furtherance of a policy of conser- 
 vation, through the prevention of fire waste and the just 
 reduction of insurance cost; as well as the so-called uni- 
 form bill, establishing a new code for the regulation of 
 fraternal benefit societies ; and, in addition, bills intending 
 to check twisting and misrepresentation by salesmen, and 
 widen both the law afifecting co-operative fire insurance 
 and the liquidating powers of the insurance department. 
 
 The Legislature shotild carry forward the work thus 
 well advanced. In conserving life and property, by post- 
 poning, preventing or lessening the happenings against 
 which indemnities are given, insurance companies have 
 inaugurated a movement that, while lowering their loss 
 ratios, makes for the public welfare. Where necessary, 
 laws permitting or encouraging the use of corporate 
 funds for these purposes should be provided. 
 
 Licenses to insurance agents and brokers should, of 
 right, be issued only by the State, and the Insurance De- 
 partment should have power to grant, withhold or revoke 
 
6o Public Papers of Governor Dix 
 
 such licenses, on definite standards of experience and 
 efficiency. The licensing law of 191 1 is, therefore, but 
 a beginning. When a proper organization has been 
 formed and the correct standards ascertained, proposals 
 intended to bring about these results should, after proper 
 consideration, be enacted into law. 
 
 Insurance is a public necessity, its careful regulation a 
 public duty, its cost to the people a pubHc concern. The 
 time has perhaps come when, in fire, casualty, employers' 
 liability and similar lines of insurance, means should be 
 devised — as was done with life insurance six years ago 
 — whereby expenses and commissions should be limited 
 by law and the cost of insurance thus properly reduced. 
 Temporarily, the State may, to these ends, avail itself of 
 so-called rate making associations, for that purpose legal- 
 izing them, but always reserving to itself ample power to 
 veto any rate which, in its expense and commission 
 factors, is not economically reasonable. 
 
 New State Office Building 
 For years past the various departments of the State 
 government with headquarters in Albany, have been ham- 
 pered for want of office space and to-day the situation has 
 become so serious in certain departments as to interfere 
 with the proper conduct of the work. Many of the State 
 bureaus are compelled to occupy quarters not only unfit 
 for the transaction of public business, but positively 
 inimical to the health of the people who occupy them. 
 The State is now expending annually about sixty thou- 
 sand dollars in r^entals for quarters outside of its public 
 buildings. These offices are widely scattered throughout 
 the city and located largely in remodeled residences en- 
 
Messages to the Legislature 6i 
 
 tirely unsuited to the purpose. The amount spent in 
 rental is sufficient to carry the interest charges on an 
 investment of upwards of a milHon dollars. The comple- 
 tion of the new Education Building, in my opinion, will 
 not materially relieve the situation, and I therefore rec- 
 ommend the enactinent of suitable legislation providing 
 for the erection and equipment of a modern State office 
 building in the city of Albany. 
 
 Capitol Reconstruction 
 
 The disastrous fire which on March 29th swept through 
 the western portion of the Capitol, caused irreparable loss 
 to the State Library, and serious damage to that part of the 
 building occupied by the State Education Department 
 and other State Departments. 
 
 Unfortunately there were no plans in existence of the 
 Capitol as originally constructed, and it therefore became 
 necessary for the State Architect to employ a large force 
 to measure up the building in all its details before plans 
 for the reconstruction of the damaged portion could be 
 commenced. 
 
 The work of shoring and wrecking and the preparation 
 of plans, progressed rapidly so that subsequent appropria- 
 tions made by the Legislature enabled the Trustees of 
 Public Buildings to make a contract on August 3d for 
 the reconstruction of the walls and other mason work, 
 and on September 7th, for structural steel and roofing. 
 
 Satisfactory progress has been made in the recon- 
 struction of walls and other mason work. All the interior 
 walls have been rebuilt, damaged stone in courts and on 
 towers replaced, all steel delivered and practically all of it 
 erected, new skylight constructed over the western stair- 
 
62 Public Papers of Governor Dix 
 
 case and the installation of the permanent floors and roof- 
 ing commenced. 
 
 During the reconstruction of the damaged portion, 
 many of the rooms suffering from water damage were 
 renovated and made habitable for use of Departments. 
 A complete system of fire risers has been installed, with 
 a fire pump located in the basement, and further means 
 for safeguarding the building from fire are to be installed. 
 
 Plans and specifications for heating, lighting, plumbing, 
 elevators and the general interor finish, are nearing com- 
 pletion, and it is expected that this work will be adver- 
 tised and contracts let during the winter. 
 
 Education 
 
 The vital basis of a thoroughly good system of educa- 
 tion is a model elementary school near every home, which 
 is suited to the needs of the families it serves. Such a 
 school is worse than useless if it disposes children to look 
 down upon the town in which they were born and to 
 despise the work of their fathers and mothers. It is 
 splendidly efifective if it gives children the elements of 
 knowledge and therefore the power to acquire more 
 knowledge, and if it trains into them respect for work and 
 develops in them the aptitude for mechanics if they live 
 in the cities and towns, and for agriculture if they live in 
 the country. In any event, quite enough young people 
 will gravitate toward the professions and toward work in 
 the stores and offices. 
 
 But the elementary schools cannot suffice. High 
 schools, and then higher, and yet higher, are not only 
 necessary to the efficiency of the lower schools, but with- 
 out them we would not assure that equality of oppor- 
 tunity which is the right of all our youth. 
 
Messages to the Legislature 63 
 
 The system of high schools has now been extended to 
 every part of the State. Yet New York has never opened 
 the opportunities of college education to her poor but 
 most ambitious youth in any such measure as has been 
 done in all the newer States. For lack of money in the 
 treasury at the time, I felt obliged, at the last session of 
 the Legislature, to veto a bill establishing five free col- 
 legiate scholarships in every Assembly district of the 
 State. As observed at that time, this was done with 
 reluctance and regret. With a universal system of 
 schools, high and low, and such an open door of oppor- 
 tunity to all, our educational plans would seem equal to 
 every need. None will regret the cost, if they can be 
 kept in close accord with the life of the State and the hard 
 common sense of the people. 
 
 The total enrollment in the public elementary schools 
 is 1,315,275; in the public high schools 126,857; i" the 
 professional schools, colleges and universities 36,215; in 
 the training classes, training schools, normal schools, 
 evening and vocational schools, Indian schools, academies 
 and private schools not reporting to the Education 
 Department, approximately 430,000. The whole number 
 of teachers employed in the public schools is 43>356; in 
 the professional schools, colleges and universities 4,663; 
 in other schools as enumerated above 9,350. 
 
 In the last year the State expended in connection with 
 the educational system $7,117,988.01. Of this, 
 $5,662,882.04, or about 80 per cent., was apportioned to 
 local schools in aid of their expenses. The maintenance 
 of normal schools, salaries of school commissioners, 
 expenses of professional examinations, teachers' institutes 
 and Indian schools, and grants to libraries, etc., exhausted 
 about 1 1 per cent, more of the total appropriations. 
 
64 Public Papers of Governor Dix 
 
 The expenses of administration were about 9 per cent, 
 of what the State appropriated to education. 
 
 What the State provides is but a small part of the whole 
 cost. The best estimates show that the people of the 
 State of New York are now expending annually about 
 $75,265,000 in promoting education. It is a fine expres- 
 sion of the intelligence and purpose of a great people, 
 and it is a cause for satisfaction and congratulation that 
 all parts of such a system of education are working 
 together so harmoniously and effectually. 
 
 The Education Building 
 
 The Education Building is approaching completion. 
 Parts of it are likely to be occupied very soon and the 
 whole promises to be finished by the next summer or 
 early fall. It will be a beautiful, even a monumental, 
 building, well worthy the Empire State. This is the first 
 instance in which any State or any other country, so far 
 as I know, has provided a building for the exclusive use 
 of its educational activities. It is specially fortunate, in 
 view of the serious injury to the Capitol and almost total 
 loss of the State Library by fire, that this new home for 
 the Education Department and a new library was well 
 on the way. 
 
 It is very desirable that every efifort be put forth to make 
 the new Library available to the people of the State as 
 early as possible. It would be fortunate if that could be 
 done by the time the whole building is available for use. 
 It has occurred to me that it might be well to dedicate 
 the Education Building in October or November next, 
 with somewhat elaborate exercises which would claim the 
 attendance of leading educators from other States and 
 
Messages to the Legislature 65 
 
 even fronj other countries. I recommend this to your 
 consideration, and also suggest that the appropriations 
 for furnishing the new building and for establishing the 
 new Library provided for in chapter 901 of the Laws of 
 191 1, be considered early in the present session, to the 
 end that the building be completely equipped and in most 
 attractive form at the time suggested for its dedication. 
 
 Banking Department 
 
 There are 197 State banks and 84 trust companies, 
 having resources of $611,833,854 and $1,751,859,001, 
 respectively, under the supervision of the Superintendent 
 of Banks. The resources of the banks increased 
 $30,008,220 and the trust companies increased 
 $140,161,283, during the fiscal year. According to the 
 last published .statements there are 884 institutions under 
 the supervision of the Banking Department, with aggre- 
 gate resources of $4,134,165,563, an increase of 
 $260,153,270 from the previous year. 
 
 In the State there are 141 savings banks, with aggre- 
 gate resources of $1,751,859,001, an increase during the 
 year of $75,442,679. The surplus, figured on market 
 value of securities held, totals $114,222,607, and the num- 
 ber of open accounts in all savings banks is 2,962,845. 
 The ratio of surplus held to the total amount due de- 
 positors is 7.16 per cent. 
 
 On account of the manner in which the law was orig- 
 inally compiled and the rather desultory way in which 
 amendments have been adopted, the law as a whole is 
 not entirely satisfactory, and some of its provisions are 
 vague and confusing. A general revision and simplifi- 
 cation of this statute and a restatement of its provisions 
 
 5 
 
66 Public Papers of Governor Dix 
 
 in clear and concise terms will soon become jiecessary. 
 I shall, however, at this time content myself with calling- 
 your attention to certain specific recommendations. 
 
 Foreign mortgage, loan and investment companies 
 were placed under the supervision of the Superintendent 
 of Banks in the year 1890, and the statute as then enacted, 
 together with corresponding provisions of the Penal Law, 
 constitutes about the only safe-guard that this State has 
 ever afforded its investors against the fraudulent or de- 
 ceptive sale of valueless stocks or inadequately secured 
 bonds. Its enactment was the result of the great losses 
 sustained by investors of this State as a consequence of 
 the failure of many so-called " Western Farm ^Mortgage 
 Companies " about that time. The laws with relation to 
 such companies have been so rigorously enforced that 
 there is not at the present time a single foreign mortgage, 
 loan or investment company authorized to do business in 
 this State, and no domestic mortgage, loan or investment 
 company, organized under the Banking Law, has failed 
 to fulfill its obligaions. 
 
 At this time, when the protection of the investing public 
 is engaging the attention of the legislatures of so many 
 States, I think it may be well for the Legislature of this 
 State to consider the advisability of extending the juris- 
 diction of the Superintendent of Banks with respect to 
 the sale of bonds and stocks, and some means should be 
 devised for exercising supervision over so-called " Real 
 Estate Companies," which do a business so similar to that 
 of mortgage, loan or investment companies, as defined in 
 the Banking Law, that they can with difficulty be dis- 
 tinguished from them. 
 
 While the Banking Department is not directly charged 
 with the enforcement of the Penal Law of the State, the 
 
Messages to the Legislature 67 
 
 Superintendent of Banks and his subordinate have been 
 in frequent consultation with the District Attorneys of 
 various counties in an endeavor to bring to justice those 
 who have wronged or defrauded institutions under his 
 supervision. As a result of the conferences in connection 
 with prosecutions instituted against the ofificers and di- 
 rectors of failed institutions, it seems very desirable that 
 the definitions of certain crimes against the financial in- 
 stitutions of the State should be more clearly stated and 
 somewhat amplified, and it is believed that the addition of 
 certain sections adopted from the National Banking Act 
 will assist in safeguarding the interests of depositors. 
 
 I hope that bills embodying these suggestions may meet 
 with your approval. 
 
 Canals 
 
 The most important work under the jurisdiction of the 
 State Engineer at the present time is that of the construc- 
 tion of the Barge Canal, having an approximate total 
 length of 450 miles. During the past year the construc- 
 tion work on the Barge Canal has progressed at a rate 
 never before equaled, as is shown by the amount of work 
 done and included in estimates for the various contracts. 
 During 1-909 there was approximately $7,000,000 worth 
 of work completed; during 1910 approximately $9,000,000 
 and during 191 1 to December ist over $14,000,000. It 
 is a conservative statement to say that during 191 1 the 
 contract work exceeded that done in any previous year 
 by more than 60 per cent. 
 
 On the Cayuga and Seneca Canal careful consideration 
 has been given to the type of locks to be constructed, 
 particularly at Seneca Falls, to the end that the interests 
 of the State might be best conserved and that little dam- 
 
68 Public Papers of Governor Dix 
 
 age would accrue to property owners and water powers 
 in that locality. The particular type of lock to be con- 
 structed has been decided upon and the State Engineer 
 and Surveyor is now preparing plans and specifications 
 for the same, to the end that the entire Cayuga and Seneca 
 Canal may be placed under contract at the earliest possible 
 date. 
 
 At the general election in November there was sub- 
 mitted to the people of the State for their consideration 
 the Barge Canal Terminal referendum. It is a source 
 of great gratification to know that the people of the State 
 approved of the proposition authorizing the issuing of 
 bonds in an amount of $19,800,000 to provide proper ter- 
 minals and necessary freight handling facilities for the 
 Barge Canal system. Necessary officers and engineers 
 have been assigned to take up the work of preparing the 
 plans and specifications for such terminals and work upon 
 the same will be advanced with all possible haste, to the 
 end that there shall be submitted to the Canal Board for 
 its consideration the plans for certain portions of this 
 work within a period of sixty days. 
 
 Cold Storage Law 
 
 The act passed by the last Legislature for the regula- 
 tion of cold storage and refrigerating plants and the sale 
 of cold storage foods has been enforced with the result 
 that all cold storage plants in the State are now under 
 inspection, all foods placed in storage or removed there- 
 from are stamped with the date of entry or removal, and 
 there has been a marked improvement in the sanitary 
 condition of the plants. 
 
 While the full benefit of this law will not be felt until 
 the ten months pei'iod has expired (the limit of time 
 
Messages to the Legislature ,69 
 
 placed by the Legislature on the storage of most foods), 
 the necessity of this statute has already been clearly 
 demonstrated. 
 
 The bill is designed for the protection of the consumer, 
 in that cold storage foods are required to be sold as such 
 and the necessary regulations for this purpose are now 
 being drafted, after a full consideration of the trade in- 
 terests affected thereby. 
 
 Contagious Diseases 
 There is an enormous economic loss to the State from 
 preventable diseases. Local health officials often fail in 
 the control of epidemics of typhoid fever, smallpox and 
 other diseases, and the State should be prepared to take 
 an active part in the prevention of tuberculosis and in 
 checking epidemics. The use of diphtheria antitoxin fur- 
 nished by the State has been largely successful in con- 
 trolling this disease and the State Health Department 
 should be in a position to assist local health officials in 
 the control of epidemics and to more successfully carry 
 on the virarfare against preventable diseases. 
 
 Excise 
 The total gross receipts under the Liquor Tax Law for 
 the fiscal year ending September 30, 191 1, was 
 $18,319,880.27. This is an increase of $217,058.08 over the 
 receipts for the previous fiscal year. The State's share of 
 the liquor tax for the fiscal year ending September 30, 
 191 1, amounted to $9,358,038.89, an increase over the 
 previous fiscal year of $87,780.02. The locality's share 
 of the liquor tax for the fiscal year ending September 30, 
 191 1, amounted to $8,913,498.86, an increase over the 
 
70 Public Papers of Governor Dix 
 
 previous fiscal year of $134,808.73. During the year end- 
 ing September 30, 191 1, 27,968 certificates were issued, 
 as against 29,839 for the previous year, being a decrease 
 of 1 871 certificates, or about 6 per cent. The total dis- 
 bursements of the Excise Departments for the excise year 
 of 1910-11 were $382,682.28, against $399,167.74, in the 
 pear 1909-10. 
 
 Attention should be directed to the prevalence of 
 trafific in liquors in uncertificated places throughout the 
 State. The reputable dealer who has paid the tax re- 
 quired by law for the right to traffic in liquors should 
 be protected from the competition of uncertificated 
 dealers, who of necessity must conduct such traffic in 
 places and in a manner which prevents the proper sur- 
 veillance of the trafific of the properly constituted authori- 
 ties of the localities where the illicit traffic is conducted. 
 Some provision should be made, in addition to the pro- 
 visions of the law now applicable thereto, by which the 
 person carrying on such uncertificated traffic might at 
 least be subjected to the recovery of a penalty equal to, 
 or in excess of that recoverable from the certificated 
 dealer who violates the provisions of the Liquor Tax Law. 
 
 Prisons 
 
 The number of commitments to the dififerent State 
 prisons and the average prison population show a slight 
 decrease from the previous year. With the completion 
 of 600 cells at Great Meadow Prison there is a cell for 
 each prisoner now confined outside of those cared for in 
 the prison hospitals. 
 
 At Great Meadow Prison arrangements have been made 
 for the raising of trees for the reforestation of State lands 
 
Messages to the Legislature 71 
 
 by convict labor and an opportunity for the employment 
 of prisoners in agricultural pursuits is afforded on the 
 large farm connected with the prison. Appropriations 
 should be made for the completion of this prison upon 
 the plans already approved. 
 
 Prison industries are being reorganized with the view 
 of increasing the production by introducing better busi- 
 ness methods, from which gratifying results are already 
 shown. Further provision should be made to allow 
 prisoners to participate to a greater extent in their earn- 
 ings for the benefit of the families dependent upon them. 
 
 I believe the construction of the Harlem Prison at 
 Wingdale should be abandoned on account of the un- 
 desirability of the site and the large expenditure required 
 for the construction of the buildings. I believe it is pos- 
 sible to remodel Sing Sing Prison to meet the needs of 
 the prison population for some years to come with a very 
 material saving in expenditure. 
 
 Care of the Insane 
 
 The necessarily large expenses required- for the proper 
 care and maintenance of the insane of the State have re- 
 ceived my most careful consideration. While it is our 
 duty to be sure that the large sums appropriated for this 
 department are so economically expended as to give to 
 the State full value for the expenditures, it will be ad- 
 mitted that there should not be at any time an attempt 
 to effect economies by reducing below the proper stand- 
 ard the quantity or the quality of the food supplied to 
 the patients, or of the medical care, nursing or attention 
 to which these wards of the State are entitled. 
 
 The overcrowded conditions prevailing in the hospitals 
 of the metropolitan district would seem to make it in- 
 
72 Public Papers of Governor Dix 
 
 cumbent upon the State to assist the Lunacy Commission 
 to complete as soon as possible the Mohansic State Hos- 
 pital, and to make additions to the existing hospitals, so 
 that the ever increasing number of the insane may be 
 suitably and economically cared for. 
 
 The development of the city of Utica in close proximity 
 to the grounds of the Utica State Hospital led to so 
 strong a demand for the opening of a street through the 
 hospital grounds that a law to that effect was enacted 
 and approved. It seemed desirable that this hospital 
 should be moved into the country and relocated upon 
 a farm of a thousand acres and a bill was passed and ap- 
 proved authorizing the State Commission in Lunacy to 
 secure such a site. It is my hope that the hospital to be 
 erected upon this new farm site will be in every respect a 
 model of what a hospital for the insane should be, fur- 
 nishing salutary and useful occupation for the patients, 
 and that this farm and the farm portions of the other 
 hospital properties shall be so managed as to serve as 
 object lessons of intelligent and profitable farming. 
 
 Increasing interest is taken in the mental benefit se- 
 cured to the insane through occupations of various kinds, 
 and this work, both indoors and out of doors, has my 
 hearty approval. 
 
 For the first time in many years it has not become 
 necessary for the Commission in Lunacy to apply to the 
 Legislature for an appropriation to take care of de- 
 ficiencies incurred in the preceding fiscal year for the 
 maintenance of hospitals. 
 
 The Commission has been able to pay all incurred debts 
 and it has done away with the practice of the Department 
 to carry a large number of bills from the preceding year 
 
Messages to the Legislature ■]}, 
 
 until the appropi'iation for the next fiscal period became 
 available. 
 
 The Commission has begun this year's administration 
 free from 'indebtedness and it has adopted a policy which 
 will insure the payment of all bills during the fiscal year in 
 which they are incurred. 
 
 State Charitable and Reformatory Institutions 
 
 The care of the wards of the State is a duty which must 
 be performed humanely, and with due regard to the bene- 
 ficial effect upon the commonwealth. The annual increase 
 in the population of the State means, among other things, 
 an increase of the number of dependents, defectives and 
 delinquents for whom the State must provide in its public 
 institutions. 
 
 Seventeen of the State charitable and reformatory in- 
 stitutions, including two in course of construction, with 
 an inmate population of 8,388, are under the general 
 supervision of the State Board of Charities. This board 
 also has jurisdiction over 81 county, city and town alms- 
 houses and other public institutions of charity with a 
 population of 17,203, and 580 charitable institutions 
 wholly or partly under private control with a census ex- 
 ceeding 52,773 patients and inmates daily. 
 
 As the Board of Charities points out, the current in- 
 come of the State has not been sufficient during recent 
 years, to meet the needs of existing institutions, nor to 
 construct the new ones with reasonable progress in a 
 great State demands. It therefore repeats a suggestion 
 formerly made, that the greater needs in this direction 
 be met by the issue of long term bonds, and that only 
 necessary minor improvements and ordinary repairs be 
 naid for out of current income. 
 
74 Public Papers of Governor Dix 
 
 This would allow the people of the State to decide to 
 what extent they desire to make progress in their social 
 work, would allow such as are appi;oved to proceed more 
 rapidly, thereby relieving present conditions of need, and 
 finally would distribute the expense over a considerable 
 period of years. Such is the custom in New York and 
 other cities of the State, without the referendum to the 
 people, and seems to be in the interest of a desirable 
 progress. 
 
 Conclusion 
 In due time reports from the various State depart- 
 ments will be submitted for your information and for con- 
 sideration of such recommendations as may be made. 
 
 I shall heartily and unreservedly co-operate with the 
 Legislature in every efifort to enact useful and beneficial 
 laws. The people are far less concerned with the partisan 
 complexion of the Legislature and the State government 
 than with the quality of laws that are enacted, and the 
 honest, efficient and economical administration of the 
 public business. The first duty of the legislative and ex- 
 ecutive branches of the government, each in its own 
 sphere, is to foster and establish equal rights and equal 
 justice, promote and advance the welfare and best in- 
 terests of all the people, and to protect the honor and 
 dignity of the Empire State. 
 
 (Signed) JOHN A. DIX 
 
Messages to the Legislature 75 
 
 Recommending the Abandonment of Wingdale Prison 
 
 Project 
 
 State of New York — Executive Chamber 
 
 Albany, March 21, 19 12 
 To the Legislature 
 
 In my last annual report I recommended abandonment 
 of the Wingdale prison project on account of the unde- 
 sirability of the site and the very large expenditure re- 
 quired for the construction of the proposed prison. My 
 judgment in the matter has been confirmed by the report 
 of the Commission appointed in 191 1 to examine the De- 
 partment of State Prisons, which report contains the same 
 recommendation. The Commission on New Prisons has 
 also emphatically recommended the same action in a 
 special report transmitted to the Legislature during the 
 present session. The facts stated in such report and the 
 conclusions of the Commission are, to my mind, abso- 
 lutely unanswerable. The objections to the site are stated 
 as follows : 
 
 (i) The proximity of a water-flow dangerously near 
 the foundation levels; 
 
 (2) Inadequate drainage; 
 
 (3) A questionable water supply, with considerable 
 uncertainty as to its development unless at a very high 
 cost; 
 
 (4) Comparative inaccessibility, with incidental high 
 rates for transportation; and 
 
 (5) The heavy cost of a completed plant entailed 
 largely by reason of the location. 
 
 As far as I know, there has been no attempt to contro- 
 vert any of these facts, the existence of which has never 
 
76 Public Papers of Governor Dix 
 
 even been denied. The report, which is based upon a 
 most exhaustive examination of the entire subject, shows 
 that $400,000 has been thus far expended in the project, 
 although the construction work actually accomplished in- 
 cludes only a few thousand dollars worth of concrete foun- 
 dation footings. The completion of the plant will require 
 an additional outlay of $3,500,000. This huge expendi- 
 ture does not include any estimate for furnishings and 
 equipment. 
 
 The construction of the Great Meadow Prison, which 
 was not thought of when the Wingdale Prison was au- 
 thorized, has proceeded so far that, in the opinion of the 
 Su23erintendent of Prisons, the demand for prison ac- 
 commodations can be easily met without recourse to an- 
 other large prison plant. 
 
 Although the Commission has been both authorized 
 and directed to proceed with the building of a prison at 
 Wingdale, it has been so impressed with the gravity of 
 the situation that, in the conscientious discharge of its 
 ofhcial duty, it felt compelled to bring the above facts to 
 the attention of the Legislature, which manifestly must 
 have acted hitherto either in ignorance of or under a mis- 
 apprehension as to the essential conditions. The Com- 
 mission reported that it had consented, under proper legal 
 safeguards to a suspension of work under the contract 
 until April ist, 1912, in the meantime, through its afore- 
 said report, requesting from the Legislature careful con- 
 sideration of the facts and instructions in the premises. 
 
 I remind the Legislature that it alone has power to 
 decide this serious and important question; and if the 
 recommendation of the Executive, of the Superintendent 
 of Prisons, of a Commission appointed by the Governor, 
 
Messages to the Legislature yy 
 
 and of the Commission which is the direct legislative 
 agent to carry out the project, shall be ignored, the Leg- 
 islature alone must accept responsibility for what will 
 justly be deemed a reckless and wasteful extravagance, 
 and what I can view in no other light than as a grave 
 disregard of official duty. 
 
 To build a four million dollar prison on the edge of 
 a swamp, with inadequate drainage, a very questionable 
 water supply, and at a location wanting in economical 
 transportation facilities, would be bad enough under any 
 circumstances. To do so in dehberate defiance of the un- 
 controverted report of a body of disinterested officials ap- 
 pointed under legislative sanction, and in face of the as- 
 surance of the Superintendent of Prisons that no such 
 prison facilities are now demanded, would be a manifest 
 outrage upon the rights of the taxpayers, who are already 
 in just rebellion against the increasingly heavy burdens 
 which are being imposed upon them. 
 
 The Commission reports, although without recom- 
 mendation, that it is possible for the State to secure a 
 release from all claims under the existing contracts in 
 this matter for about the sum of $130,000, other than 
 any possible claim of the architect who was employed 
 by the Commission. The claim of the architect, as I am 
 informed, has since been presented in the sum of $85,000. 
 It has been reported that because of an opinion rendered 
 by the Attorney-General that the architect (who has al- 
 ready received upwards of $100,000) has no legal claim 
 against the State, the Legislature would take no action at 
 all upon the recommendation of the Executive and the 
 Special Report of the Commission. I cannot believe that 
 this is true. Upon the facts stated it is manifest that the 
 
78 Public Papers of Governor Dix 
 
 prison should not be built, and under such circumstances 
 it is inconceivable that the Legislature would deliberately 
 refuse to stop this great waste of public funds unless a 
 particular claim growing out of the matter should first be 
 audited. The Legislature is not permitted to audit any- 
 private claim against the State; that function, unless ex- 
 ercised by some duly appointed auditor, belongs to the 
 Board of Claims. 
 
 I urgently recommend the immediate enactment of 
 legislation for the abandonment of the Wingdale Prison 
 project and the cancellation of the existing contracts to 
 build the prison; for the audit and payment of all inci- 
 dental and proper claims against the State, if that shall be 
 feasible — otherwise that such claims shall be determined 
 by the Board of Claims; and for the construction at 
 Wingdale, under direction of the Commission on New 
 Prisons, or otherwise as the Legislature may prefer, of a 
 suitable prison for the execution of the death penalty and 
 for the detention of all those who have been sentenced to 
 life imprisonment, as recommended by the Superintend- 
 ent of State Prisons in his last annual report. The sum 
 of $400,000 hitherto appropriated and still unexpended 
 for the Wingdale Prison account should be considerably 
 more than sufficient to settle all of the aforesaid claims 
 and erect and equip the proposed death house, and might 
 be accordingly reappropriated. 
 
 (Signed) JOHN A. DIX 
 
Messages to the Legislature 79 
 
 Favoring Enactment of a Direct Primary Law 
 
 State of New York — Executive Chamber 
 
 March 27, 1912 
 To the Legislature 
 
 For many years there has been a constant and steadily 
 growing demand by the people of this State for an effi- 
 cient law which will enable the enrolled members of poli- 
 tical parties to directly nominate party candidates for 
 public office and to elect members of party committees. 
 
 This demand became so universal and insistent that the 
 Democratic and Republican parties inserted in their re- 
 spective platforms in 1910, planks advocating and 
 solemnly promising the enactment of legislation in ful- 
 fillment of the principle of direct nominations. 
 
 During the legislative session of 191 1, when both 
 branches of the Legislature were controlled by the Demo- 
 ■cratic party, there was passed a direct primary bill which, 
 though not perfect nor as complete as might be desired, 
 "was nevertheless the first act of its kind to be placed upon 
 the statute books of this State, and was a pronounced 
 step in the right direction. 
 
 The direct primary principle having thus been enacted 
 into law, a foundation was created upon which a per- 
 fected structure could be built by the method of 
 amendment. 
 
 Amendments to the law enacted during the session of 
 191 1 have been found desirable, and undoubtedly as time 
 progresses further amendments will become necessary tp 
 comply with changing sentiment or conditions. It is safe 
 to predict that never again will the voters of this State 
 
8o Public Papers of Governor Dix 
 
 return to the methods which obtained prior to the enact- 
 ment of this law. 
 
 Every member of the Legislature, irrespective of party, 
 and every State officer elected in 1910, is equally bound 
 by the promises made to the people in their platforms, 
 and no question of party policy, prejudice or expediency 
 can be raised in justification of opposition or failure to act 
 in helping- to perfect the structure of the direct primary law 
 by the enactment of necessary amendments at this session. 
 
 I therefore call upon the Legislature to complete at 
 this session, such necessary changes in the law as I have 
 already indicated, in order that the people may be justi- 
 fied in the confidence they have reposed in their repre- 
 sentatives by electing them to public office. 
 
 Good faith, no less than the cause of good government, 
 requires the fulfiillment of every pledge and promise to 
 enlarge the scope and promote the efficiency of the law 
 governing nominations of candidates for public office and 
 the election of members of party committees. 
 
 (Signed) JOHN A. DIX 
 
 Concerning the Passage of a Law Imposing a Direct Tax 
 of One Mill 
 
 State of New York — Executive Chamber 
 
 March 27, 191 2 
 To the Legislature 
 
 The appropriations of last year's administration 
 amounted to $43,074,192.58, the income for the year 
 against which such appropriations were made, including 
 the direct tax of six-tenths of a mill will be approximately 
 
Messages to the Legislature 8i 
 
 $44,000,000. The appropriations which it is necessary to 
 make this year including sinking fund requirements are 
 estimated at $49,000,000, while the revenue from indirect 
 taxation and miscellaneous sources is estimated at but 
 $38,000,000. 
 
 The interest and sinking fund charges for the year end- 
 ing September 30th, 191 1, amounted to $2,907,942.06; 
 for the year ending September 30th, 1912, amounted to 
 $4,139,227.87; and for the year ending September 30th, 
 1913, will be approximately $6,660,000. This item of 
 annual expenditure will rapidly increase with the additions 
 to the State debt caused by the issuance of bonds for 
 canal and highway purposes. 
 
 The resources of the State in the way of indirect 
 taxation and miscellaneous receipts will not be sufficient 
 to provide for the normal growth of the State's activities 
 and at the same time for the certain and rapid increase in 
 interest and sinking fund charges. 
 
 With an estimated surplus at the end of the year of 
 only $4,800,000 and estimated income from sources other 
 than direct taxation of $38,000,000, an increase in the 
 direct tax will be necessary to provide sufficient revenue 
 for the year ending September 30th, 1913, I have already 
 certified the necessity of immediate passage of a bill which 
 has been introduced to impose a direct tax of one mill 
 (which will provide $11,000,000) in explanation of which 
 necessity the foregoing facts are submitted. 
 
 (Signed) JOHN A. DIX 
 
82 Public Papers of Governor Dix 
 
 Alleged Irregularities in New York City Primary 
 Election 
 
 State of New York — Executive Chamber 
 
 March 28, 191 2 
 
 To the Legislature 
 
 Complaint has been made to me by the chairman of 
 one of the Republican committees in New York City that 
 the primary election there, and throughout the State, was 
 a mockery, and that by reason of protracted delay in the 
 delivery of the ballots — in some instances said not to 
 have been delivered at all — great numbers of voters were 
 deprived of their suffrage. No similar complaint has beien 
 received by me from any other political party or faction, 
 nor am I aware that such general unsatisfactory condi- 
 tions in connection with the Primary Election are alleged 
 to have existed elsewhere than in the Republican prim- 
 aries in New York City. In order that the Legislature 
 may be precisely informed as to what has been alleged, I 
 quote in full the following communication addressed to 
 me from New York City under date of March 27th : 
 
 " Hon. John A. Dix, Governor State of New York, 
 Albany, N. Y. 
 
 Sir — " The Newspapers of this morning, without re- 
 gard to party or political affiliation, declare that yester- 
 day's alleged Primary Election in this City and through- 
 out the State was a farcical break down of the Election 
 Law. Great numbers of voters were deprived of the op- 
 portunity of casting their ballots. The official ballots in 
 many election districts were not delivered at all, and in 
 even more numerous instances were delivered shortly 
 
Messages to the Legislature 83 
 
 prior to the close of the polls. The unexampled length 
 of fourteen feet and the complexity of the ballot in New 
 York county makes the provision of the election law' for 
 a ' Substitution ' of informal ballots in the absence of the 
 official ballots, look like conscious irony. The fact that 
 where official ballots were not supplied no copy of the 
 official ballots containing the names to be voted for were 
 at the polling places, made it physically impossible to 
 ' Substitute ' informal ballots. An apter method of mock- 
 ing at the supposed right of the voter to signify his will 
 at a party primary could not have been devised. 
 
 " The Provision of the Primary Law for a judicial re- 
 view of any action or neglect of an official or public officer 
 in connection with the Primary Law contemplates a court 
 proceeding in each separate instance of wrong or ir- 
 regularity. As an avenue of redress for yesterday's col- 
 lapse of the Primary election it would require the in- 
 stitution of thousands of special proceedings and a re- 
 sultant clogging of the courts and the indefinite delay and 
 ultimate defeat of the voter seeking to protect his rights 
 under the primary law. 
 
 " When it is borne in mind that a large section of 
 Citizenship of this State regards the Primary Law in its 
 present form as a disingenuous attempt of a bipartisan 
 Machine to escape honest compHance with an irresistible 
 public demand for some means of primary expression on 
 the part of the voter it will .be seen that to countenance or 
 tolerate the utter collapse of the law whose purpose and 
 intention is under widespread public suspicion is to add 
 insult to injury and must precipitate a very grave elec- 
 torial crisis. 
 
 " In the interest of honest politics we ask you as Gov- 
 ernor of the whole people of the State of New York to 
 
84 Public Papers of Governor Dix 
 
 give this mattei- your immediate official consideration so 
 that by proper recommendation to the Legislature now 
 in session and with its co-operation proper steps may be 
 taken for the vindication. of the law now on the statute 
 books; and what we deem even more important, the vin- 
 dication of the Civil rights of the citizens of the State 
 underlying the statute. 
 
 " Without presuming to formulate your course of 
 action, it is manifest we think that another Primary 
 should be held at once to abate the public sense of out- 
 rage and to solve an intolerable situation. 
 
 CHAS. H. DUELL, 
 
 Chairman Roosevelt Committee." 
 
 This communication was immediately submitted by me 
 to "the Attorney General, from whom I have received an 
 opinion in the following terms : 
 
 " Section 56 of the Election Law as amended by 
 Chapter 891 of the Laws of 191 1, contaiios broad pro- 
 visions for judicial review of primary election. It 
 may be doubted, however, as to whether the power 
 of court or justice, under the provisions of that sec- 
 tion, is sufficiently broad to direct a new election in 
 the situation developed in the City of New York. In 
 order to avoid any question, in case it is deemed 
 advisable to hold a new election, it will be necessary 
 to amend the statute so as to permit the court, or a 
 justice thereof, to so order if the facts disclosed war- 
 rant such a remedy." 
 
 I am credibly informed, and believe, that the natui-al 
 confusion attending the first trial of the new Primary 
 
Messages to the Legislature 85 
 
 system was materially augmented by an eleventh hour 
 Court decision, in an unsuccessful attempt (on the part 
 of the same Committee which has complained to me) 
 to compel a rearrangement of the order in which candi- 
 dates' names were to appear on the ofificial ballot as 
 proposed by the Board of Elections. The printer is said 
 to have made afifidavit that by reason of the consequent 
 delay in settling the form of the ballot, it thereby became 
 physically impossible to complete the printing in time. 
 
 Time has not permitted me to inquire whether, under 
 the alleged facts, it is feasible to provide for another 
 Primary to be held at a future date by one political party 
 only in a single city of the State. I therefore transmit to 
 your Honorable body all the facts in my possession as 
 herein set forth, for such consideration and action as, in 
 your judgment, may be deemed proper and advisable. 
 
 (Signed) JOHN A. DIX 
 
HI 
 VETO MESSAGES 
 
 [87] 
 
Ill 
 
 VETO MESSAGES 
 
 Authorizing the Board of Supervisors of Rensselaer 
 County to Pay the Claims of Various Employees of 
 Rensselaer Couny 
 
 State of New York — Executive Chamber 
 
 Albany, March 12, 19 12 
 To the Assembly 
 
 I return herewith, without my approval. Assembly bill, 
 printed No, 719, entitled 
 
 "An act in relation to the board of supervisors of 
 Rensselaer county, authorizing the said board of super- 
 visors to ascertain, determine, audit, allow and pay 
 the claims of certain court attendants, jail officials 
 and jail employees employed by the board of super- 
 visors of Rensselaer county during the year nineteen 
 hundred and eleven." 
 
 Soon after taking office in August last, the Sheriff of 
 Rensselaer county discharged certain officials and employees 
 who had served under his predecessor in office, and ap- 
 pointed others in their places. On the same day the Board 
 of Supervisors of the county, in special session, passed a 
 resolution reciting that by reason of the discharge of said 
 employees, a vacancy existed in the offices in question; and 
 under the guise of an alleged authority conferred by chap- 
 ter 359 of the Laws of 191 1, the Board designated another 
 set of employees (said to be the identical ones who had 
 been discharged) to fill such offices. The Sheriff's em- 
 ployees were the ones who thereafter actually rendered 
 
 [89] 
 
90 Public Papers of Governor Dix 
 
 services to the county. It has since been declared, in a 
 sweeping decision of the Supreme Court, that the Board 
 of Supervisors was absolutely without authority to make 
 the appointments, such employees having been appointed 
 by the Sheriff " from time immemorial." A careful read- 
 ing of the decision (which has been unanimously affirmed 
 by the Appellate Division) convinces me that the action 
 of the Board of Supervisors was not only unwarranted, 
 but absolutely without excuse; it can be explained only 
 as in the nature of a partisan reprisal for the dismissal by 
 the new Sheriff of the employees selected by his predecessor. 
 But this action of the Sheriff, however vulnerable from the 
 standpoint of the ideal, was at least recognized by custom 
 and authorized by law ; whereas, the attempted interference 
 by the Board of Supervisors was inconsistent- with any 
 ideal, unwarranted by custom and absolutely unlawful. 
 And now that this political sharp practice has been rebuked 
 by the courts, it is proposed by legislative enactment to 
 " recall " the decision and load upon the long suffering 
 taxpayers the burden of paying for unnecessary services, 
 which have not been rendered, by certain ones who are de- 
 clared by the court never to have been employed. 
 
 The act not only authorizes, but directs the Board of 
 Supervisors to audit and pay the claims of these "em- 
 ployees." The Executive declines complicity in such legal- 
 ized misuse of the people's money. It is inconceivable that 
 the Legislature would have approved this measure, if con- 
 versant with the facts, which have compelled me to veto 
 the bill. 
 
 (Signed) JOHN A. DIX 
 
Veto Messages 91 
 
 Making an Appropriation for Repairing Dam at Augur 
 
 Lake 
 
 State of New York — Executive Chamber 
 
 Albany, March 18, 191 2 
 To the Assembly 
 
 I herewith return, without my approval. Assembly Bill 
 Int. No. 660, Printed No. 698, entitled 
 
 "An act making an appropriation for the payment 
 of the expense of the repair and extension of the 
 dam at the foot of Augur lake, Essex county." 
 
 This bill appropriates the sum of $1,000 or so much 
 thereof as may be needed, to compensate private persons 
 for repairing and extending a dam at the foot of Augur 
 iLake in Essex county " for the protection of the public 
 health." The object of the work done was to eliminate 
 certain vegetable growths, disagreeable in color and odor, 
 by raising the water of the lake. But in its report for the 
 year 1910, the Department of Public Health, in an ex- 
 tended report of an inspection of the alleged insanitary 
 conditions of this lake, expressly declares that the con- 
 ditions in question were not such as to constitute a nuis- 
 ance and not detrimental to health. The expenditure on 
 the dam was thus apparently for private purposes only: 
 if there really exists a question as to the responsibility of 
 the State by reason of the alleged water conditions (and I 
 may say in passing, that there is no proof that the State 
 owns this body of water), it should be submitted to the 
 Board of Claims, which has been constituted for the pur- 
 pose of determining just such matters. 
 
 (Signed) JOHN A. DIX 
 
92 Public Papers of Governor Dix 
 
 An Act to Enable the Town of Shelter Island to Acquire 
 Docks and Landing Places for Public Use 
 
 State of New York — Executive Chamber 
 
 Albany, March i8, 1912 
 
 To the Assembly 
 
 I herewith return, without my approval, Assembly- 
 Bill Int. No. 526, Printed No. 548, entitled 
 
 "An Act to enable the town of Shelter Island to 
 acquire docks and landing places for public use and to 
 regulate the use of the same, and to legalize certain 
 acts of the town board of such town in relation to 
 an existing dock therein." 
 
 This is a local act. It authorizes the town of Shelter 
 Island, in the county of Suffolk, to expend money, which 
 may be appropriated by the electors in a town meeting, 
 in the purchase and building of docks, etc., within said 
 town, and to regulate the use of such docks; and it also 
 legalizes and confirms the purchase and building of an 
 existing dock and certain expenditures in connection 
 therewith, and in keeping such existing dock in repair. 
 
 The expenditure of money in the future purchase and 
 building of docks in said town is one subject; that of 
 ratifying and confirming all of the proceedings in con- 
 nection with the purchase of an existing dock and the 
 expenditures of money in the maintenance of the same, 
 and all of the acts of the town board in respect of such 
 dock, is quite another subject. I accordingly consider 
 the bill as violative of section 16 of article 3 of the Con- 
 stitution, which provides that no pi-ivate or local bill 
 
Veto Messages 93 
 
 which may be passed by the Legislature shall embrace 
 more than one subject, and that shall be expressed in the 
 title. 
 
 (Signed) JOHN A. DIX 
 
 Amending the Charter of the City of Cohoes, in Relation 
 to the Police Force 
 
 State of New York — Executive Chamber 
 
 Albany, March 23, 19 12 
 To the Assembly 
 
 I return herewith, without my approval, Assembly 
 Bill Printed No. 775, entitled 
 
 " An act to amend chapter six hundred and sev- 
 enty-one of the laws of eighteen hundred and ninety- 
 two, entitled ' An act to revise, consolidate and 
 amend the several acts relating to the government 
 of the city of Cohoes,' in relation to the police force." 
 
 This bill extends the maximum of salary which may 
 be paid to the captain of police from $1,100 to $1,500 a 
 year, creates an additional sergeant, and provides for 
 semi-monthly instead of monthly payments. 
 
 No circumstances have been presented to me which 
 would justify such increase in salary or such addition to 
 the force, and I therefore disapprove this bill. 
 
 (Signed) JOHN A. DIX 
 
94 Public Papers of Governor Dix 
 
 Amending the County Law in reference to the Publica= 
 tion of Certain Notices in Ulster County 
 
 State of New York — Executive Chamber 
 
 Albany, March 26, 1912 
 
 To the Assembly 
 
 I return herewith, without my approval, Assembly Bill 
 No. 927 (Int. No. 853), entitled 
 
 " An act to amend the county law, in reference 
 to the publication of certain notices in Ulster 
 county." 
 
 This bill authorizes the board of supervisors of a single 
 county to designate each year, by majority vote, such 
 newspapers published and printed in the county as the 
 board shall deem expedient, in which to publish a large 
 number of items. Included in the latter is the official 
 canvass made in the county. 
 
 Under section 22 of the County Law, the official can- 
 vass must be published in two newspapers representing, 
 respectively, each of the two principal political parties 
 into which the electors of the county are divided. This 
 provision of the general law ought not to be superseded 
 by a statute in reference to a single county, and if only 
 for that reason, I would feel compelled to withhold my 
 approval of the bill — • which, however, is objectionable 
 for other reasons, and mainly because it might some time 
 result in publishing the items in question in a newspaper 
 or newspapers representing only one of the principal 
 political parties, which is contrary to the spirit of gen- 
 eral legislation in regard to such publications. 
 
 (Signed) JOHN A. DIX 
 
Veto Messages 95 
 
 Authorizing the State Commission in Lunacy to Compen= 
 sate State Hospital Bookkeepers and Others for Extra 
 Services Rendered 
 
 State of New York — Executive Chamber 
 
 Albany, March 26, 191 2 
 To the Assembly 
 
 I return herewith, without my approval. Assembly Bill 
 No. 673 (Int. No. 646), entitled 
 
 "An act to authorize the state commission in lunacy 
 to compensate state hospital bookkeepers and others 
 for extra services rendered." 
 
 The extra services for which compensation is provided 
 under this act were rendered between October ist, 1903, 
 and October ist, 1906! The major portion of any legiti- 
 mate claim based upon such extra services must therefore 
 have lapsed by the statute of limitations. The bill, how- 
 ever, must be treated in its entirety, and as it is of course 
 impossible to separate the claim, I am compelled to with- 
 hold my approval from the measure. 
 
 (Signed) JOHN A. DIX 
 
 Revising the Charter of the City of Watertown, in Rela- 
 tion to Sealer of Weights and Measures 
 
 State of New York — Executive Chamber 
 
 Albany, March 26, 191 2 
 To the Assembly 
 
 I herewith return, without my approval. Assembly Bill 
 No. 263 (Int. No. 263), entitled 
 
 " An act to amend chapter seven hundred and sixty 
 of the laws of eighteen hundred and ninety-seven, 
 
96 Public Papers of Governor Dix 
 
 entitled ' An act to revise the charter of the city of 
 Wiatertown,' in relation to the office of sealer of 
 weights and measures." 
 
 No good reason has been advanced in favor of this 
 measure which would exempt the city of Watertown from 
 the general law creating a sealer of weights and measures 
 in each city. 
 
 (Signed) JOHN A. DIX 
 
 The Annual Appropriation Bill — Items Vetoed 
 
 State of New York — Executive Chamber 
 
 Albany, April 19, 1912 
 
 Memorandum filed with Assembly Bill, Int. No. 213, 
 Printed No. 2007, entitled 
 
 " An act making appropriations for the support of 
 government." 
 
 Statement of items of appropriations of money con- 
 tained in said bill which are severally objected to, to wit: 
 Page 27, under the head of Legislative : 
 
 Clerk's Account 
 
 " For the advances by the comptroller to the clerks 
 of the senate and assembly, for contingent expenses, 
 including books, blanks, stationery, printing, law 
 books and binding of books and records for senate 
 and assembly libraries, revising clerk's manual, books 
 and blanks, preparation, proof-reading and compar- 
 ison of journals and documents, expenses of receiv- 
 
Veto Messages ^7 
 
 ing reports and printed documents and the storing, 
 addressing and forwarding the same, file-boards, rec- 
 ord books and legislative supplies and expenses, 
 twenty-five thousand dollars, or so much thereof as 
 may be necessary. $25,000 00 " 
 
 This item is disallowed for the reason that the items in 
 the supply bill are sufficiently large to render it unneces- 
 sary. 
 
 Page 92, under the head of Educational : 
 
 Care and Cleaning Services 
 " To services of elevatormen, porters, laborers, 
 cleaners appointed by the education department and 
 other services necessary for proper care of rooms 
 occupied by the department in the capitol, the educa- 
 tion building and the other rooms and buildings tem- 
 porarily occupied by the department, forty thousand 
 dollars, or so much thereof as may be necessary. 
 
 $40,000 00 " 
 
 In view of the fact that the education department is 
 soon to occupy the Education Building, and of the large 
 appropriation available for the Superintendent of Public 
 Buildings for the purpose of taking care of said building, 
 and the balance on hand of approximately $19,000, I dis- 
 approve this item. 
 
 Page 1 12, under the head of State School of Agriculture 
 at Cobleskill : 
 
 " For maintenance of the Schoharie State School 
 of Agriculture at Cobleskill, as provided in chapter 
 eight hundred fifty-two of the laws of nineteen hun- 
 
 7 
 
98 Public Papers of Governor Dix 
 
 dred and eleven, subject to the approval of the com- 
 missioner of agriculture, fifteen thousand dollars, or 
 so much thereof as may be necessary. $15,000 00" 
 
 In view of the fact that this institution has not pro- 
 gressed sufficiently far to be maintained, I disapprove this 
 item. 
 
 (Signed) JOHN A. DIX 
 
IV 
 VETO MEMORANDA 
 
 [993 
 
IV 
 VETO MEMORANDA 
 
 Memorandum 
 
 Filed with Assembly Bill, Int. No. 506, Printed No. 
 1793 (Senate reprint No. 1518), entitled "An act making 
 appropriations for certain expenses of government and 
 various miscellaneous appropriations and supplying 
 deficiencies in former appropriations." 
 
 Statement of items of appropriations of money con- 
 tained in said bill, which are severally objected to, to wit : 
 Page 5, under the head, of Secretary of State: 
 
 Index of Corporations 
 
 Together with the further sum of seven 
 thousand five hundred dollars, or so 
 much thereof as may be necessary; $7^500 00 
 
 I consider this item unnecessary, in view 
 of the amount reappropriated for the same 
 purpose. 
 
 Steel Cabinets 
 
 For steel cabinets for filing books, 
 papers, documents, et cetera, fifteen 
 thousand dollars, or so much thereof 
 as may be necessary; 15,000 00 
 
 There are no funds available for this pur- 
 pose at this time. 
 
 [lOlJ 
 
I02 Public. Papers pF Governor Dix 
 
 Page 8, under the head of comptroller: 
 
 Filing Cases 
 For furnishing portable steel filing 
 cases for the corporation tax bureau, 
 the canal bureau, and for other nec- 
 essary repairs, twenty-five thousand 
 dollars, or so much as may be 
 necessary; $25,000 00 
 
 In view of the contemplated occupation 
 of the state house by the court of appeals, 
 I deem it inadvisable to approve this item. 
 
 Page 15, under the head of attorney-general: 
 
 Expenses, Attorneys-General Mayer. Jackson and O'Malley 
 
 For deficiency in former appropriation 
 for the payment of attorneys and 
 special counsel, including disburse- 
 ments, incurred upon the authoriza- 
 tion of former attorney general 
 Mayer, former attorney general 
 Jackson and former attorney-general 
 O'Malley, to be paid by the comp- 
 troller upon the approval of the 
 attorney-gen-eral, ten thovisand five 
 hundred and seventy-fiv« dollars and 
 thirty-one cents, or so much tli€reof 
 as may be necessary; I0.575 3^ 
 
 There was appropriated last year for the 
 expenses and disbursements of counsel in- 
 curred under the authorization of former 
 
Veto Memoranda 103 
 
 Attorneys-General Jackson and O'Malley 
 the sum of $43,000. It is quite impossible 
 for the State to keep up with its claims in 
 this way. Who the claimants are, the 
 amount of the claim, how it was incurred, 
 or how much has been paid thereon, does 
 not appear. Such items as are included in 
 the above should not be i>aid prior to audit, 
 and all claims under former attorneys- 
 general still outstanding should be de- 
 termined by the Board of Claims, the money 
 appropriated and the matter closed. 
 
 Section 35 of the State Finance Law, pro- 
 vides as follows : 
 
 " Indebtedness not to be contracted 
 without appropriation. * * * A 
 state officer, employee, board, de- 
 partment or commission shall not 
 contract indebtedness on behalf of 
 the state, nor assume to bind the 
 state, in an amount in excess of 
 money appropriated or otherwise 
 lawfully available." 
 
 This provision was drawn to prevent ex- 
 penditures in excess of the amount appro- 
 priated or moneys available. I am strongly 
 of the Ijelief that all claims which arise by 
 virtue of a violation of this law, should be 
 sent to and determined by the Board of 
 Claims. That body has adequate jurisdic- 
 tion and is the proper tribunal for their 
 determination. 
 
I04 Public Papers of Governor Dix 
 
 Page i6: 
 
 For the counsel for the plaintiffs and 
 defendants for professional services 
 rendered and disbursements made by 
 them in the quo warranto action 
 brought upon leave of the attorney- 
 general, to test the constitutionality 
 of chapter eight hundred and fifty- 
 six of the laws of nineteen hundred 
 and eleven, to be paid upon the ap- 
 proval of the attorney-general, 
 thirty thousand dollars ; $30,000 00 
 
 This item is for the payment of services 
 rendered and disbursements made in the 
 action brought to test the constitutionality 
 of the Court of Claims act. I know of no 
 reason why the State should pay the ex- 
 penses incurred of those who have 
 attempted and failed to overthrow its 
 statutes. 
 
 For Martin F. Dillon, for compensation 
 for services in the action of the peo- 
 ple of the state of New York against 
 the city of Syracuse, pursuant to 
 designation of Attorney-General 
 Jackson, two thousand four hundred 
 and twenty dollars and forty-eight 
 cents, or so much thereof as may be 
 necessary, to be paid on the ap- 
 proval of the attorney-general; 2,420 48 
 I feel that this claim, under a previous 
 audit and allowance, has been fully paid. 
 
Veto Memoranda 105 
 
 To Asa Bird Gardiner, for professional 
 services as special counsel for the 
 state, duly retained, in successful de- 
 fense of the sheriff of Westchester 
 county in the proceedings for alleged 
 contempt of court, in the United 
 States circuit court at Scranton, 
 Pennsylvania, and in the United 
 States circuit court of appeals, third 
 circuit, and in the successful defense 
 of the superintendent of the State 
 asylum at Matteawan, in the United 
 States district court at Pittsburgh, 
 Pennsylvania, and on the appeal 
 taken to said United States circuit 
 court of appeals at Philadelphia, 
 Pennsylvania, to compel the produc- 
 tion of Harry K. Thaw in Pitts- 
 burgh, and in the successful defense 
 of the state in the proceedings had 
 in the New York supreme court at 
 , White Plains on the writ of habeas 
 corpus issued in behalf of said Harry 
 K. Thaw, and on the appeal taken 
 from decision dismissing said writ to 
 the appellate division, second depart- 
 ment, New York supreme court at 
 Brooklyn and successful defense of 
 the state in the proceedings had in 
 the New York supreme court at 
 Nyack, Rockland county, on another 
 writ of habeas corpus issued on be- 
 half of said Harry K. Thaw, three 
 
io6 Public Papers of Governor Dix 
 
 thousand five hundred dollars, or so 
 much thereof as may be necessary, 
 payable on the approval of the 
 attorney-general ; $3,500 00 
 
 This item should, I think, be provided for 
 by a special enabling act permitting it to be 
 properly audited before an appropriation is 
 made to pay it.. 
 Page 18: 
 
 Conservation Bureau 
 
 Official Salaries 
 For the payment of assistants to the 
 deputy attorney-general appointed 
 by the attorney-general under the 
 provisions of section nine of the con- 
 servation law and increase to graded 
 employees, six thousand seven hun- 
 dred dollars, or so much thereof as 
 may be necessary ; 6,700 00 
 
 In view of the balance on hand and the 
 amount available for this purpose in the 
 Appropriation bill, I do not consider the 
 item necessary. 
 
 Page 19, under the head of Civil Service 
 Commission : 
 
 National Assembly 
 For the. payment of the expenses of 
 the commissioners, the secretary 
 and the chief examiner, to attend 
 
Veto Memoranda 
 
 107 
 
 the national assembly of civil service 
 commissions at Spokane, Washing- 
 ton, to be paid by the comptroller 
 on audit of the president of the 
 commission, one thousand five hun- 
 dred dollars, or so much thereof as 
 may be necessary; $1,500 00 
 
 I do not consider this item imperative, 
 and therefore disallow it. 
 
 Page 20, under the head of Legislative: 
 
 Bill Drafting Department 
 For the employment, if needed, prior 
 to the legislative session of nineteen 
 hundred and thirteen, of persons in 
 the legislative bill drafting depart- 
 ment to assist in the preparation of 
 proposed legislative bills, such per- 
 sons to be designated and their com- 
 pensation fixed by the governor and 
 paid on his certificate, three thou- 
 sand five hundred dollars, or so 
 much thereof as may be necessary; 3,500 00 
 
 A similar item was placed in the Supply 
 bill of last year for the purpose of drawing 
 the third-class cities charter. There is no 
 longer any need of this item. 
 
 Page 22 : 
 
 Contingent 
 For deficiency for expenses of legisla- 
 tive committees, including compen- 
 
io8 Public Papers of Governor Dix 
 
 sation of witnesses ; for indexing the 
 bills, journals and documents of the 
 senate and assembly; for indexing 
 the executive journals of the senate 
 and for preparation of supplemen- 
 tary indices to senate and assembly 
 bills, journals and documents, to be 
 paid upon the certificate of the tem- 
 porary president of the senate or 
 the speaker of the assembly, respec- 
 tively; for postage and transporta- 
 tion of letters, reports, documents 
 and other matter sent by express or 
 freight, including boxes and cover- 
 ings for the same ; for printing and 
 furnishing the legislative manual and 
 clerk's manual ; for law and refer- 
 ence books and publications for the 
 senate and assembly libraries, com- 
 mittees and legislatures ; for legisla- 
 tive indices to senate and assembly 
 bills, journals and documents ; for 
 extra clerical services and engross- 
 ing; for furniture, alteration and re- 
 pairs to legislative rooms, and for 
 other contingent expenses of the 
 Legislature, to be paid on the cer- 
 tificate of the clerk of the senate 
 or assembly, respectively, one hun- 
 dred eighty-seven thousand dollars, 
 or so much thereof as may be 
 necessary; $187,000 00 
 
Veto Memoranda 109 
 
 This item includes, among other things, 
 slightly in excess of $20,000, deficiency ex- 
 penses of former legislative committees. It 
 also includes $50,000 for the joint legislative 
 committee on Water Storage Conservation, 
 et cetera; $20,000 to investigate the subject 
 of Municipal Government in third class 
 cities; $25,000 to investigate the conserva- 
 tion of lands, fish, game, etc. ; and $5,000 
 to examine institutions receiving State aid. 
 
 This item does not distinctly specify the 
 amount and the object to which it is to be 
 applied; nor do I regard it as an appropria- 
 tion by law, as was intended by the Constitu- 
 tion, but rather an appropriation by concur- 
 rent resolution. 
 
 An item in such form, moreover, must be 
 approved or disapproved in toto. As I see 
 no necessity for a continuance of the Water 
 Storage Conservation committee or the Mu- 
 nicipal Government in Third Class Cities 
 committee, and have no way of exercising 
 proper discretion in regard to the appropri- 
 ations for these purposes, the entire item 
 is stricken out and disallowed. 
 
 Page 23 : 
 
 Digest of New York City Statutes 
 For the preparation, under the direction 
 of the chairman of the senate com- 
 mittee on afifairs of cities, of a digest 
 of all independent and collateral stat- 
 
no Public Papers of Governor Dix 
 
 tites affecting in any way the city of 
 New York and each of the munici- 
 l^ahties comprised within or consoli- 
 dated to form said city and not con- 
 tained in the Greater New York char- 
 ter, ten thousand dollars, or so much 
 thereof as may be necessary, to be 
 paid upon the certificate of said chair- 
 man; $10,000 00 
 
 I do not consider that this item is neces- 
 sary. A great part of the work must needs 
 have been already accomplished by those in 
 charge of drawing the New York City 
 charter. 
 Page 24: 
 
 Senate Codes Comimttee, Expenses 
 For the expenses of the senate codes 
 committee, directed to investigate the 
 method of fixing the times and places 
 of holding trial terms of the supreme 
 court and designating the justices to 
 hold said terms and the rules adopted 
 by the appellate division of the first 
 judicial department, pursuant to con- 
 current resolution of the Legislature, 
 adopted March twenty-ninth, nine- 
 teen hundred and eleven, five thou- 
 sand dollars, or so much thereof as 
 may be necessary; 5,ooo 00 
 
 This item is disallowed for the reason that 
 it is neither expedient nor desirable. 
 
Veto Memoranda hi 
 
 Page 26: 
 
 For restoring the property and fixtures 
 of the capitol barber shop, destroyed 
 by the capitol fire, three hundred dol- 
 lars, or so much thereof as may be 
 necessary, payable upon the approval 
 of the clerk of the senate and the 
 audit of the comptroller; $300 00 
 
 I do not see how this is in any sense a 
 proper charge against the State, and if it is, 
 I think there are ample funds available for 
 such purpose. 
 
 Page 27 : 
 
 Thirty-five thousand nine hundred and 
 thirty-eight dollars and sixty cents is 
 hereby appropriated for the payment 
 of the services and disbursements of 
 expert witnesses and counsel em- 
 ployed during the investigation or- 
 dered by resolution of the senate 
 dated January twentieth, nineteen 
 hundred and ten, which investigation 
 was conducted under the rules of pro- 
 cedure adopted by the senate January 
 twenty-six, nineteen hundred and ten. 
 Said bills for such services and dis- 
 bursements having been audited by 
 the then temporary president of the 
 senate and the chairman of the com- 
 mittee of the whole of the senate of 
 
112 Public Papers of Governor Dix 
 
 nineteen hundred and ten, pursuant 
 to the provisions of chapter five hun- 
 dred and thirteen of the laws of nine- 
 teen hundred and ten. Such sum so 
 hereby appropriated to be paid by the 
 comptroller as follows : To Lewis E. 
 Carr, the sum of five thousand six 
 hundred twenty-seven dollars and 
 sixty-five cents; to Martin W. Little- 
 ton, the sum of six thousand dollars; 
 to Lewis E. Griffiths, the sum of two 
 thousand two hundred twelve dollars 
 and seventeen cents; to Danforth E. 
 Ainsworth, the sum of two thousand 
 five hundred dollars; to Daniel N. 
 Carvalho, the sum of six hundred 
 sixty-nine dollars and eighty-three 
 cents; to Albert N. Hamilton, the 
 sum of nine hundred twenty-eight 
 dollars and ninety-five cents; to 
 James W. Osborne, the sum of five 
 thousand five hundred dollars; to 
 Augustus Van Wyck, the sum of five 
 thousand dollars; to Edwin A. Wat- 
 son, the sum of one thousand five 
 hundred dollars ; to Nelson F. Bon- 
 ney, the sum of one thousand fifty- 
 three dollars and forty-two cents, and 
 to David W. Van Hoesen, the sum 
 of four thousand nine hundred forty- 
 six dollars and fifty-eight .cents. 
 Payable upon the audit of the comp- 
 troller; $35,938 60 
 
Veto Memoranda 113 
 
 The reference of this matter to the Board 
 of Claims for detemiination renders the ap- 
 propriation unnecessary. 
 
 Page 39, under the head of Libraries : 
 
 Law Library, Norwich 
 For making suitable catalogue of li- 
 brary and printing same, eight hun- 
 dred dollars, or so much thereof as 
 may be necessary; $800 00 
 
 It seems unnecessary for the State to pro- 
 vide money for this purpose. 
 
 Page 42, under the head of Court of 
 Claims : 
 
 Expenses of Judges 
 
 For the judges of the court of claims, 
 to compensate them for their per- 
 sonal expenses in connection with 
 the work of said court pending the 
 decision of the court of appeals, as 
 to their status as judges of the court 
 of claims, five thousand dollars, or 
 so much thereof as may be neces- 
 sary, payable on the approval of the 
 attorney-general: S>oo° °o 
 
 Services of Clerk 
 
 To Charles E. Palmer, for services as 
 
 clerk of the court of claims and 
 
 compensation as clerk to said court 
 
 while acting as commissioner of 
 
 8 
 
114 Public Papers of Governor Dix 
 
 claims, pursuant to chapter eight 
 hundred and fifty-six of the laws of 
 nineteen hundred and eleven, from 
 October eleventh, nineteen hundred 
 and eleven, to December eighth, 
 nineteen hundred and eleven, inclu- 
 sive, and for services rendered in 
 filing claims, drawing judgments, 
 certifying to judgments of dismissal 
 rendered by the late court of claims, 
 from December eighth, nineteen 
 hundred and eleven, to February 
 seventh, nineteen hundred and 
 twelve, nine hundred sixteen dollars 
 and sixty-six cents; $916 66 
 
 The judges and clerk of the old Court of 
 Claims have, I understand, been fully 
 paid for the sixty days limit allowed 
 by the law creating the Board of 
 Claims. I think the State is under 
 no obligation to do more. 
 
 Page 45, under the head of Department 
 of Health: 
 
 Tuberculosis Exhibits 
 For conducting, maintaining and trans- 
 porting the traveling exhibits of tu- 
 berculosis for the education of the 
 public and the giving of lectures and 
 the distribution of circulars and 
 pamphlets in connection therewith, 
 five thousand dollars, or so much 
 thereof as may be necessary; 5, 000 00 
 
Veto Memoranda 115 
 
 In view of the extensive campaign, local 
 and otherwise, for the prevention of this 
 disease, I do not consider this item urgent. 
 
 Page 48, under the head of Public Service 
 Commission, First District: 
 
 Grade Crossings 
 
 For the elimination of grade crossings 
 within the jurisdiction of the public 
 service commission for the first dis- 
 trict, pursuant to sections eighty- 
 nine to ninety-nine of chapter forty- 
 nine of the consolidated laws, three 
 hundred fifty thousand dollars, or so 
 much thereof as may be necessary; $350,000 00 
 
 Page 49, under the head of Public Service 
 Commission, Second District : 
 
 Grade Crossings 
 
 For the abolition of grade crossings 
 within the jurisdiction of the public 
 service commission, second district, 
 pursuant to chapter seven hundred 
 and fifty-four of the laws of eighteen 
 hundred and ninety-seven and acts 
 amendatory thereof, three hundred 
 fifty thousand dollars, or so much 
 thereof as may be necessary ; 350>ooo ^^ 
 
 In view of the large balances available 
 for these purposes, I do not consider it 
 advisable to allow these items. 
 
ii6 Public Papers of Governor Dix 
 
 Page 50, under the head of Port Wardens : 
 
 Expenses 
 For deficiency in appropriation for 
 new furniture, and additional office 
 room and trial room, and for the 
 purchase by the State of the com- 
 plete records, files and registers in 
 the office of the board of port war- 
 dens of the port of New York, six 
 thousand eight hundred dollars, or 
 so much thereof as may be neces- 
 sary, which shall be payable by the 
 treasurer on the warrant of the 
 comptroller on the certificate of the 
 president and the secretary of the 
 board of port wardens and verified 
 by the oath of said president and 
 secretary; $6,800 00 
 
 This item is not deemed necessary. 
 
 Page 53, under the head of State Board of 
 Tax Commissioners : 
 
 Expenses of Commissioners 
 For deficiency in traveling expenses of 
 the chairman of the commission, 
 from May first, to September thirti- 
 eth, nineteen hundred and twelve, one 
 thousand fifty dollars, payable 
 monthly dn full for all isuch expenses ; i ,050 GO 
 
 The balance on hand available for this 
 purpose renders any further appropriation 
 unnecessary. 
 
Veto Memoranda 117 
 
 Page 54, under the head of State Board of 
 Tax Commissioners: 
 
 For deficiency in travehng expenses of 
 the two other members of the com- 
 mission, from May first, to Septem- 
 ber thirtieth, nineteen hundred and 
 twelve, four hundred seventeen dol- 
 lars each, eight hundred thirty- four 
 dollars, payable monthly in full for 
 all such expenses : $834 00 
 
 This item is unnecessary. 
 
 Page 54, under the head of State Board of 
 Tax Commissioners : 
 
 Tax Maps 
 For preparation of tax maps as re- 
 quired under provisions of the tax 
 law, twenty-five thousand dollars, or 
 so much thereof as may be neces- 
 sary; 25,000 GO 
 
 The necessity of dispensing with every 
 item not essential to the welfare of the 
 State, makes it inexpedient to allow this 
 item to stand. 
 
 Page 55, under the head of State Board of 
 Tax Commissioners : 
 
 Revision of Tax Law 
 The State board of tax commissioners is 
 hereby authorized and directed to pre- 
 pare a codification and revision of the 
 tax law and all other laws amend- 
 
ii8 Public Papers of Governor Dix 
 
 atory thereof and relating to the sub- 
 ject of taxation, and the commission 
 is hereby authorized and empowered 
 to employ counsel, experts and other 
 employees to prepare such codifica- 
 tion and revision and twenty thou- 
 sand dollars, or so much thereof as 
 may be necessary, is hereby appropri- 
 ated for the compensation, traveling 
 expenses and disbursements of those 
 employed and for other necessary 
 and incidental expenses in connection 
 with said work; $20,000 OO' 
 
 Three prior revisions of the tax law have 
 been made. The last one by the Board of 
 Statutory Consolidation in 1909, which 
 Board made no change in the substantive 
 iaw. 
 
 I regard a revision of the Tax Law of the 
 State as too serious a matter to be under- 
 taken at a large expense, with no prior dis- 
 cussion of the subject and with no intima- 
 tion whatever to the public of the objects to 
 be attained by such revision. 
 
 Page 69, under the head of Northern New 
 York : 
 
 Institution for Deaf Mntcs 
 For deficiency in general fund, three 
 thousand four hundred and fifty-four 
 dollars; 3,454 00 
 
 This item is disapproved for indefinite- 
 ness as to object. 
 
Veto Memoranda 119 
 
 Page 70, under the head of Agriculttiral : 
 
 Agricultural Resources 
 For the commissioner of agriculture, 
 for the purpose of preparing and giv- 
 ing exhibitions and demonstrations 
 showing the agricultural resources of 
 and opportunities in New York State, 
 fifteen thousand dollars, or so much 
 thereof as may be necessary; $15,000 00 
 
 The State is not able at this time to pro- 
 vide additional instruction in and encourage- 
 ment to the pursuits of agriculture. 
 
 Page 70, under the head of Agricultural: 
 
 Diseases of Animals, Indemnities 
 For enforcing the provisions of article 
 five, chapter nine, laws nineteen hun- 
 dred and nine, being the agricultural 
 law, one hundred and twe'nty thou- 
 sand dollars, or so much thereof as 
 may be necessary; provided, however, 
 that not more than eighty thousand 
 dollars of this amount shall be used 
 for the payment of indemnities for 
 cattle destroyed on account of tuber- 
 culosis under the order of the com- 
 missioner of agriculture in accord- 
 ance with the provisions of the agri- 
 cultural law ; and not more than forty 
 thousand dollars of this amount shall 
 be used for the payment of indem- 
 
120 Public Papers of Governor Dix 
 
 nities for animals destroyed on ac- 
 count of glanders under the order of 
 the commissioner of agriculture in 
 accordance with the provisions of the 
 agricultural law; $120,000 00 
 
 This item is provided for by special bill. 
 
 Page 74, under the head of Department of 
 Agriculture : 
 
 Official Salaries 
 One thousand dollars, being the unex- 
 pended balance of an appropriation 
 made by chapter five hundred and 
 twelve of the laws of nineteen hun- 
 dred and ten, for the salary of the 
 commissioner of agriculture during 
 the fiscal year ending September 
 thirtieth, nineteen hundred and 
 eleven, is hereby reappropriated for 
 balance of salary of Raymond A. 
 Pearson as corhmissioner of agricul- 
 ture during said year (re. $1,000). 
 
 I see no reason for the allowance of this 
 item. 
 
 Page 75, under the head of Agricultural Ex- 
 periment Station : 
 
 Services of Laborers 
 For labor, including engineers-, janitors, 
 laboratory helpers, gardeners, herds- 
 men, teamsters, poultrymen, watch- 
 men, and other necessary labor, one 
 
. Veto Memoranda, 121 
 
 thousand two hundred dollars, or so 
 
 much thereof as may be necessary; $1,200 00 
 
 There are already ample funds available 
 for this purpose. 
 
 Page 79, under the head of Agriculture: 
 
 State School of Agriculture at Cobleskill 
 For maintenance, equipment, acquisi- 
 tion of needed machinery, apparatus, 
 tools, implements, seeds, plants, 
 trees or stock, and for the construc- 
 tion of farm buildings and other nec- 
 essary expenses as provided in chap- 
 ter eight hundred and fifty-two of 
 the laws of nineteen hundred and 
 eleven, subject to the approval of the 
 commissioner of agriculture, fifteen 
 thousand dollars, or so much thereof 
 as may be necessary; 15,000 CO 
 
 The establishment of this institution has 
 not yet reached a point where it is necessary 
 to make such provision. 
 
 Page 80, under the head of State Fair Com- 
 mission : 
 
 Fencing Grounds 
 For deficiency in the appropriation for 
 steel fences around the fair grounds, 
 fifteen thousand dollars, or so much 
 thereof as may be necessary; 15,000 00 
 
 In view of the large amount of money 
 already appropriated for the State Fair, it 
 seems necessary to disallow this item. 
 
122 Public Papers of Governor Dix 
 
 Page 8i, under the head of National Guard: 
 
 Adj utant-General 
 
 General Expenses 
 For actual and necessary expenses of 
 the national guard and the office of 
 the adjutant-general, one hundred 
 thousand dollars, or so much thereof 
 as may be necessary ; $100,000 00 
 
 This item is mmecessary,, ample pro- 
 vision having been made therefor in the 
 Appropriation bill and there being a large 
 balance on hand. 
 
 Page 89, under the head of Commission on 
 New Prisons : 
 
 Official Salaries 
 Commissioners, three thousand dollars, 
 or so much thereof as may be nec- 
 essary. 3,000 00 
 
 Employees' Salaries 
 For salaries of clerks and stenogra- 
 phers, one thousand dollars; 1,000 oo 
 
 Office Expenses 
 For furnitm-e, books, blanks,, station- 
 ery, prittting, messages, postage and 
 transportation of letters, official doc- 
 uments and other matter sent by 
 express or freight, including boxes 
 
Veto Memoranda 123 
 
 or covering- for same, five hundred 
 dollars, or so much thereof as may 
 be necessary. $500 00 
 
 The Commission .having ceased to exist, 
 the items become no longer inecessary. 
 
 Page 90, under the head of Harlem Prison 
 at Wingdale : 
 
 Construction 
 Four hundred nine thousand five hun- 
 dred sixteen dollars and twenty-four 
 cents, being the unexpended balance 
 of an appropriation made by chapter 
 four hundred and forty-seven, law^s 
 of nineteen hundred and nine, and 
 reappropriated by chapter three hun- 
 dred and sixty-five, laws of nineteen 
 hundred and ten, .for construction of 
 Harlem Prison at Wiingdale is hereby 
 reappropriated for the same uses and 
 purposes (re. $409,516.24). 
 For progressing the work of construc- 
 tion, at the Wingdale site, for grad- 
 ing the pri-son yard, and for architec- 
 tural services, five hundred thousand 
 dollars; 500,000 00 
 
 An enormous and unnecessary expense 
 would be placed upon the State by the con- 
 tinuance of this Prison. These items are 
 accordingly disapproved. 
 
124 Public Papers of Governor Dix 
 
 Page 91, under the head of State Probation 
 Commission : 
 
 Traveling Expenses 
 For traveling expenses of the commis- 
 sioners, secretary and other em- 
 ployees, while engaged in the dis- 
 charge of their ofificial duties, five 
 hundred dollars, or so much thereof 
 as may be necessary. $500 00 
 
 This item is disallowed for the reason 
 that it is not necessary. 
 
 Page 104, under the head of Curative: 
 
 Gowanda State Homeopathic Hospital 
 For commencement of work on an 
 acute hospital to cost not to exceed 
 one hundred thousand dollars, 
 twenty-five thousand dollars. 25,000 00 
 
 The condition of the finances of the State 
 do not warrant the undertaking of this 
 work at the present time. 
 
 Page 127, under the head of Protective: 
 
 Conservation Commission 
 
 Automobiles 
 
 For the purchase and maintenance of 
 automobiles for the use of the com- 
 missioners, engineers, officials and 
 attaches of the commission, for the 
 
Veto Memoranda 125 
 
 purposes of inspection and other 
 official duties, seven thousand five 
 hundred dollars, or so much thereof 
 as may be necessary. $7,SOO 00 
 
 I do not consider this item necessary. 
 Page 131, under the head of Protective: 
 
 Game Bird Farm — Maintenance 
 
 For deficiency in maintenance fund, 
 game bird farms, twenty thousand 
 dollars. 20,000 00 
 
 This item is not necessary for the reason 
 that no new farms have been established. 
 
 Page 133, under the head of Protective: 
 
 Inland Waters Division 
 
 For surveys, plans, estihiates, exam- 
 inations, investigations and reports 
 and expenses incidental thereto, and 
 not otherwise provided for, as re- 
 quired by section twenty-one of the 
 conservation law, in connection with 
 public water supplies, and the im- 
 provement of rivers and water- 
 courses within the State, thirty-five 
 thousand dollars, or so much thereof 
 as may be necessary; 35'°°° 0° 
 
 The funds already available for this pur- 
 pose render an additional appropriation at 
 this time unnecessary. 
 
126 Public Papers of Governor Dix 
 
 Page 136, under the head of Protective: 
 
 Lands and Forest Division 
 
 Tweaity-five thousand dollars, or so 
 much thereof as may be necessary, 
 is hereby appropriated for the pur- 
 pose of continuing the extension of 
 the forest preserve and for the ex- 
 pense connected therewith ; $25,000 00 
 
 This item must yield to the more urgent 
 demands upon the State. 
 
 Page 138, under the head of Protective: 
 
 Saratoga Springs Rescri'ation 
 For Nash Rockwood, for professional 
 services from September first, nine- 
 teen hundred and ten, to January 
 first, nineteen hundred and twelve, in 
 the Supreme Court of the State of 
 New York, as special counsel for the 
 people and the attorney-general of 
 the State of New York in the follow- 
 ing cases : People versus Lincoln 
 Spring Company, Geysers Natural 
 Gas Company, New York Carbonic 
 Gas Company, Coiigress Spring 
 Company, Harry M. Levengston, 
 Mary A. Patterson; Lindsley versus 
 Attorney-General et al. : People ver- 
 sus Natural Carbonic Gas Company, 
 Emily H. Hathom et al. ; People 
 versus Lincoln Spring Company, ; 
 
Veto Memoranda 
 
 127 
 
 Emily H. Hathorn et al. ; seven 
 thousand five hundred dollars, or so 
 much thereof as may be necessary, 
 payable upon the approval of the 
 attorney-general; $7,500 00 
 
 For C. S. and C. C. Lester, for pro- 
 fessional services from September 
 first, nineteen hundred and ten, to 
 January first, nineteen hundred and 
 twelve, in the Supreme Court of the 
 State of New York, as special coun- 
 sel for the people and the attorney- 
 general of the State of New York 
 in the following cases : People versus 
 Lincoln Sprmg Company, Geysers 
 Natural Gas Company, New York 
 Carbonic Gas Company, Congress 
 Spring Company, Harry M. Leveng- 
 ston, Mary A. Patterson; Lindsley 
 versus Attorney-General et al. ; Peo- 
 ple versus Natural Carbonic Gas 
 Company, Emily H. Hathorn et al. ; 
 People versus Lincoln Spring Com- 
 pany, Emily H. Hathorn et al. ; 
 seven thousand five hundred dollars, 
 or so much thereof as may be neces- 
 sary, payable upon the approval of 
 the attorney-general; 7>Soo 00 
 
 In view of the fact that there was appro- 
 priated last year $7,000 and $7,206.60, for 
 professional services in these litigations to 
 September i, 1910, upon proper audit, I 
 
128 Public Papers of Governor Dix 
 
 do not feel that any further appropriation 
 should be made for this purpose prior to 
 an additional avidit. 
 
 Page 140, under the head of Protective: 
 
 Purchase of Additional Property 
 
 For the commissioners of the State 
 reservation at Saratoga Springs, one 
 hundred thousand dollars, or so 
 much thereof as may be necessary, 
 to buy additional property for the 
 purpose of said commission, to be 
 paid out in the method provided by 
 the act creating such commission; $100,000 00 
 
 If the additional land cannot be acquired 
 under the bond issue, it must wait a more 
 advantageous tirrie. 
 
 Page 137, under the head of Protective: 
 
 Fire Marshal, Office Expenses 
 
 For deficiency in appropriation for sal- 
 aries of assistants, clerks, inspectors 
 and office expenses, sixty-one thou- 
 sand eight hundred dollars, or so 
 much thereof as may be necessary. 61,800 00 
 
 In view of the balance on hand and the 
 appropriations available October first, I do 
 not consider that this item should be 
 allowed. 
 
Veto Memoranda 129 
 
 Page 141, under the head of Protective: 
 
 Palisades Interstate Park 
 For general expenses, including police 
 protection, four thousand dollars, or 
 so much thereof as may be necessary. $4,000 po 
 
 This item should be paid in the same 
 manner as the other expenses incurred for 
 such park. 
 
 Page 142, under the head of Protective : 
 
 Watkins Glen — Dyke at Entrance 
 For extending the dyke at entrance to 
 Franklin street four thousand dollars, 
 or so much thereof as may be nec- 
 essary. 4,000 00 
 
 This item must be postponed until an- 
 other year. 
 
 Page 147, under the head of Protective : 
 
 Sacketts Harbor Monument 
 The commissioners appointed by and 
 in pursuance of chapter three hun- 
 dred and seventeen of the laws of 
 eighteen, hundred and ninety-five, 
 known as the New York monuments 
 commission, are hereby authorized 
 and directed through and with the 
 co-operation of the National Society 
 of United States Daughters of eigh- 
 
 9 
 
130 Public Papers of Governor Dix 
 
 teen hundred and twelve to procure 
 and erect on an appropriate site to 
 be selected by said commissioners on 
 the battlefield at Sacketts Harbor, 
 Jefferson county, New York, known 
 as Fort Tompkins park, a suitable 
 monument to commemorate the 
 patriotic and gallant services of the 
 officers, soldiers and sailors of the 
 State of New York who took part in 
 the battles at Sacketts Harbor and 
 vicinity during the war of eighteen 
 hundred and twelve at an expense 
 not to exceed five thousand dollars, 
 and the said sum of five thousand 
 dollars is hereby appropriated, the 
 said amount to be paid by the State 
 treasurer on the warrant of the 
 comptroller and the presentation of 
 proper vouchers duly certified by the 
 presiding officer of the New York 
 monuments commission. $5,000 00 
 
 Page 148, under the head Protective : 
 
 Statue of Honorable Silas Upright 
 The New York monuments commis- 
 sion is hereby authorized and di- 
 rected to procure and erect on an 
 appropriate site at Canton, Saint 
 Lawrence county. New York, a 
 statue of the Honorable Silas 
 Wright, deceased, at an expense not 
 
Veto Memoranda 131 
 
 to exceed the sum of ten thousand 
 dollars ($10,000), and five thousand 
 dollars is hereby appropriated, said 
 amount to be paid by the treasurer 
 on warrant of comptroller on pres- 
 entation of proper vouchers duly 
 certified by the presiding ofhcer of 
 said commission. $5,000 00 
 
 Page 149, under the head of Protective: 
 
 Monument, Brevet Major-General Curtis. 
 For building a foundation and pedestal 
 for the monument of Brevet Major- 
 General Newton Martin Curtis, three 
 thousand dollars, or so much thereof 
 as may be necessary, to be expended 
 under the supervision of the New 
 York monuments commission. 3,000 00 
 
 Monument, Nezubcrn. North Carolina 
 The commissioners appointed by and 
 pursuant to chapter three hundred 
 and seventeen of the laws of eigh- 
 teen hundred and ninety-five, are 
 hereby authorized and directed to 
 procure and erect on a site to be se- 
 lected by them in the National ceme- 
 tery at Newbern, North Carolina, a 
 suitable monument to commemorate 
 the services of the soldiers and sail- 
 ors from the State of New York 
 
132 Public Papers of Governor Drx 
 
 buried in such cemetery. Such mon- 
 ument shall bear upon some con- 
 spicuous part thereof the coat of 
 arms of the State of New York, and 
 shall be otherwise suitably inscribed 
 as such commissioners may de- 
 termine. The sum of ten thousand 
 dollars, or so much thereof as may 
 be necessary, is hereby appropriated 
 for carrying out the provisions of 
 this act, payable by the treasurer on 
 the warrant of the comptroller, on 
 proper vouchers, duly certified by 
 the presiding officer of such board of 
 commissioners; $10,000 00 
 
 Page 150, under the head of Protective: 
 
 Transportation of Civil War Veterans 
 For the New York monuments com- 
 mission, for transportation to and 
 from Andersonville, Georgia, of the 
 surviving veterans of the New York 
 commands in the War of the Rebel- 
 lion who were confined in the con- 
 federate state military prison at 
 Andersonville, Georgia, to be desig- 
 nated by and under the regulations 
 of said commission, to attend the 
 dedication of the New York State 
 monument erected by the State in 
 Andersonville, Georgia, national 
 
' Veto Memoranda 133 
 
 cemetery; and for the transportation 
 and subsistence of the Governor and 
 two members of his staff, Lieutenant- 
 Governor, speaker of the assembly, 
 members of the two finance commit- 
 tees of the Legislature, and this board 
 of commissioners, an aggregate not 
 exceeding forty-four persons and 
 other incidental expenses, twenty- 
 two thousand dollars, or so much 
 thereof as may be necessary, to be 
 paid By the treasurer on the warrant 
 of'the comptroller on vouchers ap- 
 proved by the commission ; $22,000 00 
 
 In view of the extensive appropriations 
 already made for commemorative purposes 
 and the small amount of funds available for 
 the general expenses of the State, I disap- 
 prove of the foregoing five items, respect- 
 ively. 
 
 Page 153, under the head of Constructive: 
 
 Metal Filing Cases 
 
 For metal filing cases in the ofifice of the 
 State Engineer and Surveyor, five 
 thousand dollars, or so much thereof 
 as may be necessary; S'OOO 00 
 
 No funds are available . for this item. 
 
134 Public Papers of Governor Dix 
 
 Page 154, under the head of Constructive: 
 
 Department of Highways 
 Completing Roads, Cattaraugus County 
 Together with the further sum of seven 
 thousand dollars, or so much thereof 
 as may be necessary. $7,ocx) 00 
 
 I do not think an additional appropriation 
 for this purpose is now necessary. 
 
 For repairs and improvements to the 
 State road between the villages of 
 South Colton and Piercefield, in the 
 county of Saint Lawrence, thirty 
 thousand dollars, or so much thereof 
 as may be necessary. 30,000 00 
 
 This item is an appropriation for a local 
 purpose and should be incorporated in a spe- 
 cial bill. It is also a matter which can and 
 should be taken care of by the Highway 
 Department. 
 
 Page 155, under the head of Constructive: 
 
 Senix River 
 For the improvement and removing of 
 obstruction of Senix river and 
 Aersconk creek, Suffolk county, two 
 thousand five hundred dollars, or so 
 much thereof as may be necessary ; 2,500 00 
 
 Section 16 of Article 3 of the Constitution 
 provides that a private or local bill shall not 
 embrace more than one subject and that shall 
 
Veto Memoranda 135 
 
 be embraced in the title. TJiis item is em- 
 braced with other subjects and is therefore 
 void. 
 
 Page 156, under the head of Constructive: 
 
 Relieving Flood Conditions, Hudson River 
 For the superintendent of pubHc works, 
 for the purpose of reHeving flood con- 
 ditions in the Hudson river, ten thou- ^ 
 sand dollars, or so much thereof as 
 may be necessary; $10,000 00 
 
 This item is already sufficiently covered by 
 special bill. 
 
 Removing Piers, Corinth 
 For the removal of piers in the Hudson 
 river, at Corinth, to be done under 
 the supervision of the superintendent 
 of public works, three thousand dol- 
 lars, or so much thereof as may be 
 necessary; 3,000 00 
 
 This item is not of pressing" importance 
 and I therefore disapprove the same. 
 
 Repairing Oil Creek Reservoir 
 
 For repairing Oil creek reservoir, com- 
 monly known as the Cuba dam, in 
 the county of Allegany, fifteen thou- 
 sand dollars, or so much thereof as 
 may be necessary. 15.000 00 
 
 It has not been presented to me that any 
 public interest will be furthered by the main- 
 
136 Public Papers of Governor Dix 
 
 tenance of this reservoir. I. therefore dis- 
 approve the same. 
 
 Page 156, under the head of Constructive: 
 
 Shinnecock and Peconic Canal 
 
 For the superintendent of pubHc w^orks, 
 for the purpose of removing the tide- 
 gates now existing on the Shinnecock 
 and Peconic canal in the county of 
 Suffolk, and constructing in place of 
 said tide-gates a lock of sufficient di- 
 mensions to accommodate traffic on 
 said canal, and for otherwise improv- 
 ing said canal forty thousand dollars, 
 or so much thereof as may be neces- 
 sary; such work to be done by de- 
 partment forces or by contract, 
 whichever method, in the judgment 
 of the superintendent of public works, 
 shall be for the best interests of the 
 State ; and when said work shall have 
 been completed, the said lock and 
 other structures on said canal shall 
 be under the supervision and control 
 of the superijitendenl of public works 
 and shall be operated only in accord- 
 ance with rules and regulations to be 
 prescribed by him; $40,000 00 
 
 This item is disallowed for the reason 
 that there are no funds available for this 
 purpose. 
 
Veto Memoranda 137 
 
 Reconstructing Salmon River Dam 
 Pag€ 157: 
 
 For reconstructing the dam heretofore 
 built by the State on the Salmon river 
 at the outlet of Mountain View lake, 
 town of Belmont, county of Franklin, 
 three thousand dollars, or so much 
 thereof as may be necessary; $3,000 00 
 
 I do not understand that there is any legal 
 obligation on the part of the State to do this 
 work. 
 
 Dredging Chemung Canal 
 For the purpose of dredging the aban- 
 doned Chemung canal between 
 Horseheads and Pine Valley under 
 direction of the superintendent of 
 public works, five thousand dollars, 
 or so much thereof as may be neces- 
 sary; 5,000 GO 
 
 This item is an appropriation for a local 
 purpose and should be made by special bill. 
 I therefore disapprove the same. 
 
 Page 158, under the head of Constructive: 
 
 Toll Bridges 
 For the Mechanicville Bridge Com- 
 pany, of Mechanicville, New York, 
 the State's one-half of the expense of 
 acquiring the toll bridge crossing 
 the Hudson river at Mechanicville, 
 New York, between the counties of ~ 
 
138 Public Papers of Governor Dix 
 
 Saratoga and Rensselaer, with inter- 
 est thereon from date of acquiring, 
 pursuant to provisions of sections 
 two hundred and sixty-three to two 
 hundred and sixty-seven, inclusive, 
 of the highway law, eighteen thou- 
 sand dollars, or so much thereof as 
 may be necessary; $18,000 00 
 
 This item has already been provided for 
 by special bill. 
 
 For the Stillwater and Schaghticoke 
 Bridge Company, of Stillwater, New 
 York, the State's one half of the ex- 
 pense of acquiring the toll bridge 
 crossing the Hudson river at Still- 
 water, New York, between the 
 counties of Saratoga and Rensselaer, 
 with interest thereon from the date 
 of acquiring, pursuant to the provi- 
 sions of sections two hundred and 
 sixty-three to two hundred and six- 
 ty-seven, inclusive, of the highway 
 law, eighteen thousand dollars, or so 
 much thereof as may be necessary; 18,000 GO 
 
 For the Union Bridge Company, the 
 State's one-half of the expense of ac- 
 quiring the toll bridge crossing the 
 Hudson river at Waterford, New 
 York, between the counties of Sara- 
 toga and Rensselaer, with interest 
 thereon from date of acquiring, pur- 
 suant to the provisions of sections ' 
 
Veto Memoranda 
 
 I3S) 
 
 two hundred and sixty-three to two 
 hundred and sixty-seven, inclusive, 
 of the highway law, sixty thousand 
 dollars, or so much thereof as may 
 be necessary; $60,000 00 
 
 The two foregoing items I disapprove 
 for the reason that the State has not suf- 
 ficient funds to undertake these works at 
 this time. 
 
 Page 165, under the head of General: 
 
 Revolutionary Forts, Schoharie County 
 To Hobart Krum, Daniel D. Frisbie, 
 Dow Beekman, Charles W. Vronian, 
 George L. Danforth, Frank A. Sulli- 
 van, and Henry F. Kingsley, for the 
 purpose of suitably marking the 
 sites of revolutionary forts in the 
 valley of Schoharie, in the county of 
 Schoharie, five thousand dollars, or 
 so much thereof as may be neces- 
 sary, and upon audit thereof by the 
 comptroller; 5, 000 00 
 
 This item disapproved; is unnecessary. 
 Page 166, under the head of Canal Fund: 
 
 Department of Public Works 
 
 For Edward N. Trump, for lands situ- 
 ated in the town of Camillus, Onon- 
 daga county, appropriated for the 
 use of the enlarged Erie canal, pur- 
 suant to chapter three hundred and 
 thirty-eight of the laws of eighteen 
 
140 Public Papers of Governor Dix 
 
 hundred and ninety-four, the sum of 
 
 six thousand five hundred dollars ; $6,500 00 
 
 I do not understand that the State is 
 under legal obligation to make the expendi- 
 ture and if it is the item should be by special 
 act. 
 
 For the payment of the State's share of 
 
 the expense of paving Jay street, 
 
 from John street to Franklin street, 
 
 in the city of Utica, fronting the 
 
 State power house, and for paving 
 
 the dock in the rear thereof, two 
 
 thousand dollars, or so much thereof 
 
 as may be necessary; 2,000 00 
 
 This item is disapproved, for it is not 
 thought to be a proper charge upon the 
 State. 
 
 , , For the superintendent of public works, 
 for the construction of a pipe line or 
 other suitable construction to prevent 
 overflow and take care of the waters 
 of the State ditch between Westmore- 
 land street and the Bradley bridge in 
 the village of Whitesboro, in Oneida 
 county, three thousand dollars; 3,000 00 
 
 For the superintendent of public works, 
 for the purpose of cleaning out and 
 improving Sawyer creek, in Niagara 
 county, three thousand dollars; 3,000 00 
 
 Each of the two foregoing items is dis- 
 approved as appropriations for local pur- 
 poses in a general act, and therefore void. 
 
Veto Memoranda 141 
 
 Page 168, under the head of Canal Fund: 
 
 Department of Public Works 
 For the superintendent of public works, 
 for repairing, improving and restor- 
 ing the breakwater " C " in Seneca 
 lake, at Watkins, five thousand dol- 
 lars, or so much thereof as may be 
 necessary; $5,ooo 00 
 
 I regard this' as an appropriation for a 
 local purpose, which should be made by a 
 special bill, it is therefore disapproved. 
 
 Page 164, under the head of General: 
 
 Reimbursement Bethany M. E. Church 
 For reimbursing the Bethany Methodist 
 Episcopal church of the city of 
 Watertown, New York, for the value 
 of certain real property of the estate 
 of Henry Dixon, deceased, which es- 
 cheated to the state of New York, 
 and was sold at public auction pursu- 
 ant to the provisions of chapter one 
 hundred and twenty-one of the laws 
 of nineteen hundred, entitled " An 
 act to provide for winding up the es- 
 tate of Henry Dixon, deceased, in- 
 cluding real property escheated to the 
 state," and which property, it has 
 since been determined, belonged to 
 the said Bethany Methodist Episcopal 
 
142 Public Papers of Governor Dix 
 
 Church, and for costs and disburse- 
 ments incurred by said church in cer- 
 tain htigation in reference to said 
 property, the sum of seven thousand 
 dollars, or so much thereof as may be 
 necessary, to be paid to the said Beth- 
 any Methdist Episcopal Church upon 
 the certificate of the attorney-general. $7,000 00 
 
 This item is disapproved for the reason 
 that it is a private bill and for the further 
 reason, that in order to determine and prop- 
 erly settle this claim, it should be determined 
 by a court of competent jurisdiction. An 
 enabling act allowing this matter to go be- 
 fore the Court of Claims or the Land Office 
 for determination, would properly safeguard 
 the State and I think this procedure should 
 be adopted. 
 
 (Signed) JOHN A. DIX 
 
 April 18, 1912 
 
Veto Memoranda 143. 
 
 Supplemental Memorandum 
 
 Filed with Assembly Bill, Int. No. 506, Printed No. 1793 
 (Senate reprint No. 1518), entitled "An act making ap- 
 propriations for certain expenses of government and vari- 
 ous miscellaneous appropriations and supplying deficiencies 
 in former appropriations." 
 
 Statement of Items Objected to 
 The following items of appropriation of moneys for 
 increases of salaries in the various State departments are 
 each, respectively, objected to and disallowed, for the rea- 
 son that the practice of increasing salaries without avail- 
 able funds will render the appropriation bill meaningless, 
 destroy certainty in the finances of the State, and de- 
 moralize the public service. 
 
 Page 6, under the head of Comptroller: 
 
 Graded Employees 
 For deficiency ,in salary of one em- 
 ployee, fourth grade, from April first 
 to September thirtieth, nineteen hun- 
 dred and twelve, sixty dollars; $60 00 
 
 Finance Bureau 
 Official Salaries 
 For deficiency in salary of the assistant 
 warrant clerk from April first to Sep- 
 tember thirtieth, nineteen hundred 
 and twelve, two hundred and fifty 
 dollars; 250 00 
 
144 Public Papers of Governor Dix 
 
 For deficiency in salaries of employees 
 according to grade, from April first 
 to September thirtieth, nineteen hun- 
 dred and twelve, as follows : 
 
 Eighth grade, five employees, four hun- 
 dred and fifty dollars ; $45° oo 
 
 Seventh grade, one employee, one hun- 
 dred and fifty dollars; 150 00 
 
 Fourth grade, two employees, one hun- 
 dred and twenty dollars; 120 00 
 
 Land Tax Bureau 
 
 Tenth grade, two employees, three 
 
 hundred dollars ; 300 00 
 
 Eighth grade, one employee, one hun- 
 dred and fifty dollars; 150 00 
 
 Seventh grade, one employee, one hun- 
 dred and fifty dollars; 150 00 
 
 Transfer Tax Bureau 
 
 Twelfth grade, one employee, two 
 
 hundred and fifty dollars ; . 250 00 
 
 Tenth grade, one employee, two hun- 
 dred dollars; 200 00 
 
 Eighth grade, two. employees, three 
 hundred dollars; 300 00 
 
 Sixth grade, one employee, fifty 
 
 dollars; 50 00 
 
 Corporation Tax Bureau 
 
 Eleventh grade, one employee, two 
 
 hundred and fifty dollars ; 250 00 
 
 Tenth grade, one employee, one hun- 
 dred dollars; 100 00 
 
Veto Memoranda 145 
 
 Seventh grade, one employee, one 
 
 hundred dollars; $100 00 
 
 Fifth grade, one employee, one hun- 
 dred and fifty dollars; 150 00 
 
 Mortgage Tax and Municipal Accounts Bureau 
 Tenth grade, one employee, one hun- 
 dred and fifty dollars; 150 00 
 
 Page 46, under the head of Department of 
 Labor : 
 
 Official Salaries 
 
 For deficiency in salary of first deputy 
 commissioner, April first to Septem- 
 ber thirtieth, nineteen hundred and 
 twelve, two hundred fifty dollars; 250 00 
 
 Of the assistant first deputy commis- 
 sioner or assistant factory inspector, 
 two hundred fifty dollars; 250 00 
 
 Counsel or assistant second deputy 
 commissioner, two hundred fifty 
 dollars; 250 00 
 
 Mercantile inspector, two hundred 
 eight dollars and thirty-three cents 208 33 
 
 Chief investigator, two hundred eight 
 
 dollars and thirty-three cents; 208 33 
 
 Graded Employees 
 For deficiencies in salaries of em- 
 ployees from May first to September 
 thirtieth, nineteen hundred and 
 twelve : 
 Ninth grade, three employees, six hun- 
 dred twenty-five dollars ; 625 00 
 10 
 
146 Public Papers of Governor Dix 
 
 Eighth grade, one employee, seven 
 
 hundred fifty dollars; $750 00 
 
 Fifth grade, eight employees, three 
 
 thousand dollars; 3,000 00 
 
 Page 51, under the head of Health Officer, 
 Port of New York: 
 
 Official Salaries 
 
 For deficiency in salary of secretary 
 from April' first to October first, 
 nineteen hundred and twelve, one 
 thousand five hundred dollars; 1,500 00 
 
 Graded Employees 
 
 For deficiency in the salaries of the 
 following employees from May first 
 to October first, nineteen hundred 
 and twelve : 
 
 Seventh grade, one employee, six 
 
 hundred and twenty-five dollars ; 625 00 
 
 Eighth grade, one employee, seven 
 
 hundred and fifty dollars ; 750 00 
 
 Sixth grade, one employee, four hun- 
 dred and fifty dollars ; 450 00 
 
 Fifth grade, one employee, three hun- 
 dred and fifty dollars; 350 00 
 
 Fourth grade, two employees, six hun- 
 dred and fifty dollars; 650 00 
 
 Four laborers, one thousand two hun- 
 dred dollars; 1,200 00 
 
Veto Memoranda 147 
 
 Quarantine Boat Service 
 
 One captain, four hundred and twenty 
 
 dollars; $420 00 
 
 One fireman, three hundred and fifty 
 
 dollars; 350 00 
 
 One engineer, six hundred dollars; 600 00 
 
 Two deckhands, nine hundred dollars; 900 00 
 
 Detention Hospital Service 
 
 Two chief medical officers, one thou- 
 sand and forty-one dollars and sixty- 
 six cents; 1,041 66 
 
 One superintendent of nurses, four 
 hundred and seventeen dollars and 
 sixty-six cents; 417 66 
 
 One dietitian, three hundred and 
 
 seventy-five dollars; 375 00 
 
 Page 53, under the head of State Board of 
 Tax Commissioners : 
 
 Official Salaries 
 
 For deficiency in salary of secretary, 
 April first to September thirtieth, 
 nineteen hundred and twelve, three 
 hundred and seventy-five dollars; 375 00 
 
 For deficiency in salary of assistant 
 secretary and law clerk, April first 
 to September thirtieth, nineteen hun- 
 dred and twelve, three hundred 
 dollars; 30° 00 
 
148 Public Papers of Governor Dix 
 
 Page 126, under the head of Conservation 
 Commission : 
 
 Graded Employees 
 For deficiency in salary of one em- 
 ployee, eighth grade, one hundred 
 dollars; $100 00 
 
 Page 129: 
 
 Protectors' Salaries 
 For deficiency in salary of eight 
 division chief game protectors, from 
 April first to September thirtieth, 
 nineteen hundred and twelve, sixteen 
 hundred dollars; 1,600 00 
 
 Page 133: 
 
 Fish Hatcheries 
 
 Official Salaries 
 For deficiency in salary of the fish cul- 
 turist, from April first to September 
 thirtieth, nineteen hundred and 
 twelve, five hundred dollars; 500 00 
 
 Page 134: 
 
 Lands and Forests Division 
 For deficiency in salary of director of 
 forest investigations, from May first 
 to September thirtieth, nineteen 
 hundred and twelve, one hundred 
 and fifty dollars; 150 00 
 
Veto Memoranda 149 
 
 Graded Employees 
 For deficiency in salary of two em- 
 ployees, seventh grade, four hundred 
 and twenty-five dollars ; $425 00 
 
 Page 137, under the head of Fire Marshal: 
 
 Official Salaries 
 For deficiency in salary of second dep- 
 uty, from April first to September 
 thirtieth, nineteen hundred and 
 twelve, one thousand dollars; 1,000 00 
 
 Office Expenses 
 For deficiency in appropriation for sal- 
 aries of assistants, clerks, inspectors 
 and office expenses, sixty-one thou- 
 sand eight hundred dollars; 61,800 00 
 
 Page 161, under the head of Banking 
 Department : 
 
 Graded Employees 
 
 For deficiency in salaries of four em- 
 ployees,pursuant to grade,, to Sep- 
 tember thirtieth, nineteen hundred 
 and twelve : 
 
 Eighth grade, one employee, seventy- 
 five dollars; 75 0° 
 
 Seventh grade, two employees, three 
 
 hundred dollars; 30° 00 
 
 Sixth grade, one employee, seventy- 
 five dollars ; 75 00 
 
150 Public Papers of Governor Dix 
 
 Page 165, under the head of Department of 
 Pubhc Works: 
 
 For deficiency in the salary of the 
 private secretary to the superintend- 
 ent of pubhc works, for the fiscal 
 year beginning October first, nine- 
 teen hundred and eleven, one thou- 
 sand dollars; $1,000 oo 
 
 Page 168: 
 
 Bureau of Canal Affairs — Comptroller's Office 
 
 Graded Employees 
 For deficiency in salary of employees 
 
 according to grades, as follows : 
 Tenth grade, one employee, one hun- 
 dred and fifty dollars; 150 00 
 Eighth grade, one employee, one hun- 
 dred fifty dollars; 150 00 
 
 Page 169, under the head of Department of 
 Highways : 
 
 For deficiency in salary of chief en- 
 gineer, from April first to September 
 thirtieth, nineteen hundred and 
 twelve, two thousand five hundred 
 dollars; 2,500 00 
 
 For deficiency in salary of secretary 
 from April first to September thirti- 
 eth, nineteen hundred and twelve, 
 seven hundred and fifty dollars; 750 00 
 
Veto Memoranda 151 
 
 For deficiency in salary of first deputy 
 from April first to September thirti- 
 eth, nineteen hundred and twelve, 
 seven hundred fifty dollars; $7SO 00 
 
 For deficiency in salary of second dep- 
 uty from April first to September 
 thirtieth, nineteen hundred and 
 twelve, seven hundred fifty dollars; 750 00 
 
 For deficiency in salary of auditor from 
 April first to September thirtieth, 
 nineteen hundred and twelve, seven 
 hundred fifty dollars ; 750 00 
 
 For deficiency in salary of assistant to 
 first deputy from April to September 
 thirtieth, nineteen hundred and 
 twelve, one thousand three hundred 
 seventy-five dollars; i)375 00 
 
 Page 1 70 : 
 
 For deficiency in salary of secretary to 
 superintendent from April first to 
 September thirtieth, nineteen hun- 
 dred and twelve, one thousand two 
 hundred fifty dollars; 1,250 00 
 
 Page 171 : 
 
 For deficiency in .the salaries of six di- 
 vision engineers from April first to 
 September thirtieth, nineteen hun- 
 dred and twelve, six hundred dollars 
 each, three thousand six hundred dol- 
 lars: 3>6oo 00 
 
152 Public Papers of Governor Dix 
 
 For deficiency in salary of six stenogra- 
 phers to division engineers from April 
 first to September thirtieth, nineteen 
 hundred and twelve, one hundred 
 sixty-six dollars and sixty-six cents 
 each, one thousand dollars; $1,000 00 
 
 For deficiency in salary of confidential 
 stenographer to superintendent from 
 April first to September thirtieth, 
 nineteen hundred and twelve, seven 
 hundred fifty dollars; 750 00 
 
 For deficiency in the salary of claim 
 agent from April first to September 
 thirtieth, nineteen hundred and 
 twelve, eight hundred dollars; 800 00 
 
 Page 1 72 : 
 
 For deficiency in the salary of one high- 
 way inspector from April first to Sep- 
 tember thirtieth, nineteen hundred 
 and twelve, six hundred twenty-five 
 dollars; 625 00 
 
 Graded Employees 
 
 For deficiency in the salaries of two em- 
 ployees, fifth grade, from April first 
 to September thirtieth, nineteen hun- 
 dred and twelve, six hundred dollars; 600 00 
 
 For deficiency in the salaries of three 
 employees of the fourth grade from 
 April first to September thirtieth, 
 nineteen hundred and twelve, nine 
 hundred forty-five dollars ; 945 00 
 
Veto Memoranda ic-j 
 
 Page 172: 
 
 Bureau of Highways — Comptroller's Office 
 For deficiency in salary of, highway 
 audit clerk, tenth grade, two hundred 
 dollars. $200 00 
 
 (Signed) JOHN A. DIX 
 April 18, 1912 
 
 Amending the Agricultural Law, in Regard to Sale of 
 
 Milk 
 
 State of New York — Executive Chamber 
 
 Albany, April 2, 1912 
 
 Memorandum filed with Assembly Bill, Printed No. 
 154, entitled 
 
 " An act to amend the agricultural law, in relation 
 to the penalty for the sale of milk." 
 
 Not approved 
 
 The amendment proposed by this bill is to the effect 
 that a person who shall sell or exchange, or offer or ex- 
 pose for sale or exchange, any milk actually produced 
 by a cow or a dairy, which is a fair example of the milk 
 produced daily by such cow or dairy, and to which noth- 
 ing has been added and from which nothing has been 
 taken, shall not be guilty of any crime on account thereof. 
 
 Such a provision would be a long step backwards in the 
 fight for pure milk, and I think must have been adopted 
 by the Legislature under misapprehension. 
 
 (Signed) JOHN A. DIX 
 
154 Public Papers of Governor Dix 
 
 Amending the Prison Law, in Relation to Pardons 
 
 State of New York — Executive Chamber 
 
 Albany, April 3, 1912 
 
 Memorandum filed with Senate Bill, Printed No. 374, 
 entitled 
 
 " An act to amend the prison law, in relation to 
 pardons." 
 
 Not approved 
 
 This bill provides, in effect, that the Governor may cer- 
 tify that, in his opinion, a person pardoned by him was 
 not guilty of the crime for which he shall have been 
 imprisoned, and that under such circumstances the Board 
 of Claims shall be authorized to hear, audit and determine 
 a claim for damages on the part of the person pardoned, 
 to the same extent as if such person had been falsely im- 
 prisoned by reason of wrongful act on the part of an 
 individual or corporation. 
 
 Not only is there doubt as to the constitutionality of this 
 bill, but I am not satisfied that the theory of such legisla- 
 tion is proper. I am also compelled to withhold my ap- 
 proval of the measure because of the provision that the 
 Governor's certificate, as above stated, shall be conclusive 
 evidence of the right of the person pardoned to recover 
 damages from the State. The determination of this basic 
 fact is properly a function of the Court and not of the 
 Executive, and if only for that reason, I consider the pro- 
 posed legislation improper. 
 
 (Signed) JOHN A. DIX 
 
Veto Memoranda 155 
 
 Amending the Highway Law, in Relation to the Expense 
 of County Highways in Cities of the Third Class 
 
 State of New York — Executive Chamber 
 
 Albany, April 3, 191 2 
 
 Memorandum filed with Assembly Bill, Printed No. 
 458 (Int. No. 446), entitled 
 
 " An act to amend the highway law, in relation to 
 the expense of county highways in cities of the third 
 class." 
 
 Not approved 
 
 This bill is disapproved for the reason that its pro- 
 visions have been incorporated in a bill subsequently 
 adopted by the Legislature and approved by me, in refer- 
 ence to cities of both the second and tl.ird classes. 
 
 (Signed) JOHN A. DIX 
 
 Amending the Code of Civil Procedure in Relation to 
 Commissions of, and Allowances to, an Executor or 
 Administrator 
 
 State of New York — Executive Chamber 
 
 Albany, April 4, 191 2 
 
 Memorandum filed with Senate Bill, Printed No. 529, 
 entitled 
 
 " An act to amend the code of civil procedure in 
 relation to commissions of and allowances to an ex- 
 ecutor or administrator." 
 
156 Public Papers of Governor Dix 
 
 Not approved 
 
 I am unable to approve this measure which is designed 
 to compensate an executor or administrator for " legal 
 services " which he may render to the estate in his 
 hands — such officer already being entitled to statutory 
 fees for his official services to the estate. I believe that 
 such a provision would open the door to grave abuses in 
 the matter of discretionary allowances out of estate funds. 
 I consider it absolutely wrong in principle to permit a trus- 
 tee whose compensation for settling an estate is fixed by 
 law at a certain and definite percentage, to charge the 
 fund for professional services rendered by himself as an 
 attorney to himself in his official capacity; and in such a 
 case I would consider it, in most instances, impossible to 
 differentiate professional services rendered by a trustee, 
 outside of the line of his official duty, from those inci- 
 dental thereto. If dissatisfied with the compensation of 
 executor or administrator as fixed by the statute, and he 
 would accordingly prefer to act in his professional capacity 
 in settling an estate, an attorney may renounce or decline 
 the appointment in advance. 
 
 The bill is undoubtedly intended to correct some mani- 
 fest inequalities and resultant evils incidental to the settle- 
 ment of estates, but to my mind the proposed remedy is 
 worse than the disease. 
 
 (Signed) JOHN A. DIX 
 
Veto Memoranda 157 
 
 An Act to Change the Name of the Fourth Avenue 
 Presbyterian Church of the City of New York 
 
 State of New York — Executive Chamber 
 
 Albany, April 4, 191 2 
 
 Memorandum filed with Assembly Bill, Printed No. 
 753, entitled 
 
 " An act to change the name of the Fourth Avenue 
 Presbyterian Church of the city of New York." 
 
 Not approved 
 
 There apparently being no reason why the purpose of 
 the act cannot be accomplished under the general law. 
 
 (Signed) JOHN A. DIX 
 
 Providing for the Board of Supervisors of the Town of 
 Waverly, Franklin County, to Issue Bonds for Build=> 
 ing Sidewalks 
 
 State of New York — Executive Chamber 
 
 Albany. April 4, 1912 
 
 Memorandimi filed with Assembly Bill, Printed No. 
 395, entitled 
 
 " An act to legalize the issuing of bonds of the 
 town of Waverly, in the county of Franklin, author- 
 ized by the board of supervisors of said county, for 
 the purpose of building sidewalks in said town and 
 to provide for the payment of the principal and in- 
 terest thereof." 
 
158 Public Papers of Governor Dix 
 
 Not approved 
 
 This bill is disapproved for the reason that a general 
 law was passed by the last Legislature and approved by 
 me (Chapter 769 of the Laws of 191 1), under which the 
 relief sought in this act may be acquired. 
 
 (Signed) JOHN A. DIX 
 
 Amending the Labor Law, in Relation to Limitations of 
 tlie Number of Occupants in Factories 
 
 State of New York — Executive Chamber 
 
 Albany, April 15, 1912 
 
 Memorandum filed with Assembly Bill, Lit. No. 1583, 
 Printed No. 1955, entitled 
 
 " An act to amend the labor law, in relation to 
 limitations of the number of occupants in factories." 
 
 Not approved 
 
 I am compelled to disapprove of this measure for the 
 reason that it has been imperfectly drawn, and contains 
 contradictory provisions which might naturally cause 
 friction between two State departments. 
 
 In subdivision 7 of the biU, as presented to me, it is 
 provided that the Fire Commissioner of the city of New 
 York, in such city, and the State Fire Marshal elsewhere, 
 may, for good cause shown, extend for a period not 
 exceeding one year the one-year period within which the 
 bill is to take effect, as therein provided. Subdivision 8 
 provides that the law shall be enforced in the city of New 
 York by the Fire Commissioner of such city, and else- 
 where in the State by the Commissioner of Labor. It is 
 
Veto Memoranda 159 
 
 quite improbable that the Legislature intended that the 
 Commissioner of Labor should enforce the law, while 
 authorizing the State Fire Marshal to grant an exten- 
 sion of time over the head of the first-mentioned official 
 — which conflict of authority would, it seems to me, 
 inevitably result in confusion. I am inclined to believe 
 that the reference to the State Fire Marshal in sub- 
 division 7 was an error, and that the Commissioner of 
 Labor is the one which actually was intended. Under 
 the circumstances it seems advisable that the matter 
 should be referred back to the next Legislature. 
 
 (Signed) JOHN A. DIX 
 
 Amending the Public Health Law, Generally 
 
 State of New York — Executive Chamber 
 
 Albany, April 15, 191 2 
 
 Memorandum filed with Assembly Bill, Int. No. 1053, 
 Printed No. 1947, entitled 
 
 " An act to amend the pubhc health law generally." 
 
 Not approved 
 
 This measure is disapproved because of the following 
 provision which amends the present law: " Every local 
 board of health may, when necessary, employ experts 
 in sanitary matters and assistants to the health officer, 
 on the nomination of the health officer, and may fix their 
 compensation." This provision would confer upon a 
 local board of health the power both of appropriation 
 and expenditure, and, incidentally, impose upon the fiscal 
 officers of a city the duty of providing whatsoever funds 
 
i6o Public Papers of Governor Dix 
 
 might be demanded by the board of health, without 
 any opportunity for exercise of personal discretion upon 
 the part of the fiscal officers. I regard this as an unsound 
 principle in the expenditure of public money. 
 
 (Signed) JOHN A. DIX 
 
 Amending the Code of Civil Procedure, in Relation to the 
 Burden of Proof of Contributory Negligence in an 
 Action to Recover Damages 
 
 State of New York — Executive Chamber 
 
 Albany, April i8, 1912 
 
 Memorandum filed with Senate Bill Int. No. 663, 
 Printed No. 707, entitled 
 
 "An act to amend the code of civil procedure, in 
 relation to the burden of proof of contributory neg- 
 ligence in an action to recover damages for personal 
 injuries or causing death." 
 
 Not approved 
 
 This measure would create such a radical change in 
 the long-established common law rule of evidence, and 
 is so seriously disputed as just and proper, that while 
 apparently a step in the right direction, I consider that 
 the question should be more carefully considered and 
 discussed, which I trust may be done at the next legisla- 
 tive session. 
 
 (Signed) JOHN A. DIX 
 
Veto Memoranda i6i 
 
 Authorizing tlie Common Council or Mayor of the City of 
 Buffalo to Lease or Grant Land on Sienkiewicz Place 
 
 State of New York — Executive Chamber 
 
 Albany. April i8, 191 2 
 
 Memorandum filed with Assembly Bill Int. No. 1078, 
 Printed No. 1221, entitled 
 
 "An act authorizing the common council and 
 mayor of the city of Buffalo to lease or grant a right 
 to use to abutting owners on the north side of 
 Sienkiewicz place in said city a strip of land of said 
 street not to exceed six feet in width." 
 
 Not .approved 
 
 The enacting clause of this bill refers to the city of 
 Euffalo, whereas section i provides that " the common 
 council of the city of New Buffalo is authorized," etc. 
 
 The bill is manifestly defective and disapproved 
 accordingly. 
 
 (Signed) JOHN A. DIX 
 
 Amending the Labor Law, in Relation to Fire escapes 
 
 and Exits 
 
 State of New York — Executive Chamber 
 
 Albany, April 18, 1912 
 
 Memorandum filed with Assembly Bill Int. No. 1582, 
 Printed No. 1954, entitled 
 
 "An act to amend the labor law, in relation to fire 
 escapes and exits." 
 II 
 
1 62 Public Papers of Governor Dix 
 
 Not approved 
 
 This bill provides that the landings or balconies of 
 fire escapes shall be not less than six feet in width, which 
 would compel the placing of pillar supports at the outer 
 corners of such balconies from the ground to the upper 
 balcony, since no other miethod of construction would 
 apparently sustain the weight of the escape if crowded 
 with persons seeking safety in case of fire. This require- 
 ment would result in obstructing sidewalks wherever the 
 escapes were located on the street side of factory build- 
 ings, and in such instances would probably lead to com- 
 plications with municipal authorities. There are other 
 technical defects in the bill, and a memorandum filed by 
 the Commissioner of Labor, while approving the measure 
 as a whole, expressly states that the provisions in regard 
 to the width of fire escape landings ought not to be 
 enforced until properly amended. Under the circum- 
 stances I am regretfully compelled to disapprove of the 
 measure, which, in my judgment, contains other pro- 
 visions of manifest improvement in the present law. 
 
 (Signed) JOHN A. DIX 
 
 Amending the Tax Law, in Relation to Surrogates' Com= 
 pensation and Surrogates' Assistants 
 
 State of New York — Executive Chamber 
 
 Albany, April i8, 191 2 
 
 Memorandum filed with Senate Bill, Int. No. 743, 
 Printed No. 1251, entitled 
 
 " An act to amend the tax law, in relation to sur- 
 rogates' compensation and surrogates' assistants in 
 New York, Kings and other counties." 
 
Veto Memoranda 163 
 
 Not approved 
 
 This measure proposes an allowance to the Surrogates 
 of counties having one million or more inhabitants of 
 an additional compensation for services rendered in 
 assessment of taxes under the Transfer Tax act. The 
 compensation is to be computed upon a percentage basis 
 with reference to the average net amount of such taxes 
 received yearly by the State Comptroller for the counties 
 of the respective Surrogates stated ; with a provision that 
 such compensation, in addition to the Surrogate's salary, 
 shall not in any case exceed the entire salary and com- 
 pensation paid to a Justice of the Supreme Court in the 
 district in which such county is included. 
 
 While I am inclined to believe that the value of the 
 services now being rendered by Surrogates in the large 
 counties is fairly commensurate with that of the Supreme 
 Court Justices, I am unable to escape the conclusion that 
 any such allowance as compensation for services in mat- 
 ters incidental to the Surrogate's Court would, in effect, 
 contravene the constitutional prohibition against increase 
 of compensation of a Surrogate during his term of office. 
 If the bill had been so draiwn as to make the compensa- 
 tion of any such Surrogate hereafter elected equal to that 
 now paid to a Supreme Court Justice in the same judicial 
 district, it would have received my approval. 
 
 (Signed) JOHN A. DIX 
 
164 Public Papers of Governor Dix 
 
 Providing for the Removal of a Portion of the Dock at 
 
 Piermont 
 
 State of New York — Executive Chamber 
 
 Albany, April 18, 1912 
 
 Memorandum filed with Assembly Bill, Printed No.. 
 368, entitled 
 
 " An act to provide for the removal of a portion 
 of the dock or pier in the Hudson river at Piermont, 
 and making an appropriation therefor." 
 
 Not approved 
 
 The object of this bill is to remove a section of a pier 
 erected on land under water deeded to the Erie railroad. 
 Upon examination and report there is an opinion that 
 the pier extending at right angles into the Hudson river 
 at Piermont has caused a filling in of the bay on the 
 down-stream side of the pier, and that by opening a sec- 
 tion it is thought the rush of waters in the springtime 
 through this opening will remove the silt or deposit in 
 the bay below the pier. This presents a question of expe- 
 diency and not an engineering fact. It seems wise, there- 
 fore, that some arrangement should be made with the 
 railroad company to change the form of the pier so as 
 to admit water to pass through the entire length of said 
 obstruction or pier. And until this is determined and 
 recommended by the State Engineer, it seems inad- 
 visable to spend the State's money in the experiment of 
 removing a section of the pier. 
 
 (Signed) JOHN A. DIX 
 
Veto Memoranda 
 
 165 
 
 Making Appropriations for Various State Institutions 
 
 State of New York - — Executive Chamber 
 
 Albany, April 18, 1912- 
 
 Memorandum filed with Assembly Bill, Int. No. 1106, 
 Printed No. 1699 (Senate reprint' No. 1517), entitled 
 
 " An act making appropriations for constructions, 
 improvements, repairs and equipment at various state 
 institutions." 
 
 Statement of items of appropriations of money con- 
 tained in said bill which are severally objected to, to wit : 
 
 Page 2, under the head of Charitable; 
 Letchworth Village: 
 
 For a barn and farm buildings, ten 
 
 thousand dollars; $10,000 00 
 
 For alterations and improvement to ex- 
 isting buildings upon the site, thirty 
 thousand dollars; 30,000 00 
 
 For an administration building, sixty 
 
 thousand dollars; 60,000 00 
 
 Page 3, under the head of Charitable; 
 Letchworth Village : 
 
 For cottages of the first main group of 
 
 dormitories : 
 For cottage E, forty-two thousand 
 
 dollars; 42,000 00 
 
 For cottage F, forty-two thousand 
 
 dollars; 42,000 00 
 
 For cottage G, forty-two thousand 
 
 dollars; 42,000 00 
 
1 66 Public Papers of Governor Dix 
 
 For cottage H, forty-two thousand 
 
 dollars; $42,000 00 
 
 For an industrial building, forty thou- 
 sand dollars; 40,000 00 
 
 Page 8, under the head of Charitable; State 
 Agricultural and Industrial bchool, In- 
 dustry : 
 
 For the construction, including heating, 
 plumbing and lighting, of a residence 
 for the Catholic chaplain, five thou- 
 sand dollars; 5,000 00 
 
 For the construction, including heating, 
 plumbing and lighting, of a residence 
 for the Protestant chaplain, five 
 thousand dollars; 5,000 00 
 
 Page 8, under the head of Charitable; 
 Thomas Indian School, Iroquois : 
 
 For completing corridors and conduits, 
 
 twenty thousand dollars; 20,000 00 
 
 Page 18, under the head of Curative; Cen- 
 tral Islip State Hospital : 
 
 For enlargement of amusement hall, 
 
 eight thousand dollars; 8,000 00 
 
 Page 19, under the head of Curative; Kings 
 Park State Hospital: 
 
 For elevators, six, for new buildings, 
 thirteen thousand two hundred dol- 
 lars; 13,200 00 
 
Veto Memoranda 167 
 
 Page 20, under the head of Curative; Middle- 
 town State Homeopathic Hospital : 
 
 For additional land and changing rail- 
 road spur, ten thousand dollars; $10,000 00 
 For storehouse, ten thousand dollars; 10,000 00 
 
 Page 21, under the head of Curative; Roch- 
 ester State Hospital: 
 
 For building for one hundred infirm pa- 
 tients, fifty-five thousand dollars; S5,ooo 00 
 
 Page 21, under the head of Curative; Saint 
 Lawrence State Hospital: 
 
 For addition to employees' cottage, fifty 
 employees, thirty-two thousand dol- 
 lars; 32,000 00 
 
 Page 25, under the head of Curative; State 
 Farm for Women : 
 
 For constructing, equipping and fur- 
 nishing buildings and plant, for water 
 supply, sewage disposal system, grad- 
 ing and constructing railroad spur, 
 one hundred thousand dollars; 100,000 00 
 
 A due regard for the condition of the State finances, 
 makes it necessary for me to disapprove these items. In 
 doing so I have endeavored to leave those which were most 
 needed and will best fulfill the demands upon the various 
 institutions. 
 
 (Signed) JOHN A. DIX 
 
1 68 Public Papers of Governor Dix 
 
 Appropriating $50,000 for Furniture for the State Educa^ 
 tional Building 
 
 State of New York — Executive Chamber 
 
 Albany, April i8, 1912 
 
 Memorandum filed with Assembly Bill Printed No. 190 
 (Senate Reprint No. 15 14) entitled 
 
 "An act making an appropriation for the re-estab- 
 lishment of the State library and for the purchase of 
 furniture and office fixtures for the State Educa- 
 tional Building." 
 
 The following item found on Page 2, Section 3, of this 
 bill which reads as follows: 
 
 " Sec. 3. The additional sum of fifty thousand 
 dollars ($50,000) or so much thereof as may be nec- 
 essary is hereby appropriated out of any moneys in 
 the treasury not otherwise appropriated for the pur- 
 chase of such further ofifice furnishings, fixtures and 
 furniture as may be necessary for the said State 
 Educational Building." 
 
 This item is disapproved for the reason that it is inex- 
 pedient for the State to make this additional appropria- 
 tion at this time. 
 
 (Signed) JOHN A. DIX 
 
 Special Appropriation Bills 
 
 State of New York — Executive Chamber 
 
 Albany, April 18, 191 2 
 ]\Iemorandum filed with the following bills, to wit: 
 Assembly Bill, Int. Xo. 1571, Printed Xo. 1935, entitled 
 
Veto Memoranda 169 
 
 "An act to amend the education law, in relation to 
 the salaries' of teachers in the state normal schools, 
 and making an appropriation therefor." 
 
 Assembly Bill, Int. No. 80, Printed No. 80, entitled 
 
 "An act to provide a building at the New York 
 agricultural experiment station, and making an 
 appropriation therefor." 
 
 Assembly Bill, Int. No. 555, Printed No. 578, entitled 
 "An act to provide for the alteration and improve- 
 ment of the state armory in the city of Olean, the 
 disposition of the old armory building and making an 
 appropriation therefor." 
 
 Assembly Bill, Int. No. 79, Printed No. 79, entitled 
 
 "An act to provide for the erection of a new 
 armory building in the city of Mount Vernon, New 
 York, the acquisition of a site for the same, and 
 making an appropriation therefor, and providing for 
 the sale of the old armory site and buildings, and the 
 application of the proceeds to such new building and 
 for other purposes relative to the same." 
 
 Assembly Bill, Int. No. 691, Printed No. 729, entitled. 
 "An act to authorize the construction of a new- 
 iron bridge with double driveways and sidewalks over 
 the Black River canal at Stanwix street in the city 
 of Rome, and making an appropriation therefor." 
 
 Assembly Bill, Int. No. 373, Printed No. 383, entitled 
 "An act making an appropriation for the purpose 
 of repairing and reconstructing the dykes and repair- 
 ing the banks of the Chemung river in the city of 
 Elmira." 
 
I/O Public Papers of Governor Dix 
 
 Assembly Bill, Int. No. 1105, Printed No. 1256, entitled 
 
 "An act to provide for the acquisition of land for 
 game farms or preserves, and making an appropria- 
 tion therefor." 
 
 Assembly Bill, Int. No. 1166, Printed No. 1336, entitled 
 
 "An act relating to the erection of a monument 
 in commemoration of the centenary of the birth of 
 Horace Greeley, and making an appropriation 
 therefor." 
 
 Assembly Bill, Int. No. 1276, Printed No. 1478, entitled 
 
 "An act to amend the education law, in relation 
 to the establishment, management and objects of a 
 state school of agriculture at Cook Academy, at 
 Montour Falls, in the couiity of Schuyler, and mak- 
 ing an appropriation therefor." 
 
 Assembly Bill, Int. No. 958, Printed No. 1432, entitled 
 
 "An act making an appropriation to compensate 
 the village of Newark for permitting the State Cus- 
 todial Asylum for Feeeble-Minded Women to con- 
 nect with and discharge its sewage into the sewer 
 system of such village." 
 
 Assembly Bill, Int. No. 1293, Printed No. 1495, entitled 
 
 "An act to provide for the acquisition of a site for 
 the preparation of plans for a state administration 
 building." 
 
 Assembly Bill, Int. No. 196, Printed No. 198, entitled 
 
 " An act to provide for certain improvements to . 
 Bashas Kill, at the mouth of Pine Kill, in the county 
 of Orange, and making an appropriation therefor." 
 
Veto Memoranda 171 
 
 Assembly Bill, Int. No. 736, Printed No. 792, entitled 
 
 " An act to provide for opening the channel be- 
 tween Lakes Wanetta and Lamoka, Schuyler county, 
 and making an appropriation therefor." • 
 
 Assembly Bill, Int. No. 674, Printed No. 1424, entitled 
 
 " An act authorizing the adjutant-general to con- 
 fer a suitable bronze medal upon each soldier and 
 sailor of the Spanish-American war who received 
 an honorable discharge, and making an appropriation 
 therefor." 
 
 Assembly Bill, Int. No. 1102, Printed No. 1253, 
 entitled 
 
 " An act to provide for deepening the channel of 
 the Peconic river from Indian island to Riverhead 
 town dock in the county of Suffolk, and making an 
 appropriation therefor." 
 
 Assembly Bill, Int. No. 1180, Printed No. 1350,^ 
 entitled 
 
 " An act making an appropriation for improve- 
 ments and buildings on the state fair grounds at 
 Syracuse." 
 
 Assembly Bill, Int. No. 1173, Printed No. 1343, 
 entitled 
 
 " An act to provide for the acquisition of certain 
 lands in the city of Oswego, to be used with other 
 state lands as a public park, and making an appro- 
 priation therefor." 
 
172 Public Papers of Governor Dix 
 
 Assembly Bill, Int. No. 722 (Senate reprint No. 
 1416), Printed No. 766, entitled 
 
 " An act making an appropriation for the pay- 
 ment of the state's share of the expense of acquiring 
 the bridge of the Stillwater and Schaghticoke Bridge 
 Company crossing the Hudson river betv^feen the 
 counties of Saratoga and Rensselaer." 
 
 Assembly Bill, Int. No. 1504, Printed No. 1805, 
 
 entitled 
 
 " Ah act making an appropriation for fire protec- 
 tion in the state hospitals for the insane." 
 
 Assembly Bill, Int. No. 358, Printed No. 368, entitled 
 
 " An act to provide for the removal of a portion 
 of the dock or pier in the Hudson river at Piermont, 
 and making an appropriation therefor." 
 
 Assembly Bill, Int. No. 74 (Senate reprint No. 1465), 
 Printed No. 74, entitled 
 
 " An act to provide for the acquisition and preser- 
 vation of the historic tract or parcel of land known 
 as the Bennington battlefield, situated in the town 
 of Hoosick, in the county of Rensselaer, and making 
 an appropriation therefor." 
 
 Assembly Bill, Int. No. 226, Printed No. 226, entitled 
 
 " An act to amend the education law, in relation 
 to the establishment of a state school of sanitary 
 science and public health at Cornell University, and 
 making an appropriation therefor." 
 
Veto Memoranda 173 
 
 Assembly Bill, Int. No. 800, Printed No. 1277, entitled 
 
 " An act to authorize the cleaning out of channels 
 of Black creek, Beeman creek and Got creek in the 
 towns of Clarence and Amherst, in the county of 
 Erie, and making an appropriation therefor." 
 
 Assembly Bill, Int. No. 449, Printed No. 942, entitled 
 
 " An act making an appropriation for the payment 
 of the state's share of the expense of acquiring the 
 Union bridge crossing the Hudson river between 
 the counties of Saratoga and Rensselaer." 
 
 Assembly Bill, Int. No. 763, Printed No. 820, entitled 
 
 " An act to provide for the construction of a 
 bridge over the Ausable river in Clinton county, and 
 making an appropriation therefor." 
 
 Assembly Bill, Int. No. 1307, Printed No. 1521, 
 entitled 
 
 " An act to provide for the purchase of a certain 
 lot of land situate in the city of Kingston, county of 
 Ulster, New York, lying on the northwesterly side 
 of Hoffman street and adjoining the Armory prop- 
 erty, and making an appropriation therefor." 
 
 Assembly Bill, Int. No. 172, Printed No. 173, entitled 
 
 " An act making an appropriation for the purchase 
 of an addition to the site of the State Normal 
 College." 
 
 Assembly Bill, Int. No. 1475, Printed No. 1771, 
 ■entitled 
 
 " An act for the repair and reconstruction of the 
 bridges on the Lake Champlain and Carthage road 
 
1/4 Public Papers of Governor Dix 
 
 over Twitchell creek and the flow of water caused 
 by the state dam at Stillwater on Beaver river, and 
 making an appropriation therefor." 
 
 Senate Bill, Int. No. 264, Printed No. 274, entitled 
 
 " An act to provide for excavating and deepening 
 the harbor and channel and entrance thereto at the 
 foot of Canandaigua lake, in the county of Ontario, 
 and to repair the pier and breakwater thereat, and 
 making an appropriation therefor." 
 
 Senate Bill, Int. No. 362, Printed No. 378, entitled 
 
 " An act making an appropriation to the agricul- 
 tural experimental station at Geneva for continuing 
 the investigation of the condition of grape culture 
 in the county of Chautauqua." 
 
 Senate Bill, Int. No. 1097, Printed No. 1471, entitled 
 
 " An act making appropriations for fire protection 
 for the state institutions reporting to the fiscal 
 supervisor of state charities." 
 
 Senate Bill, Int. No. 213, Printed No. 216, entitled 
 
 " An act to provide for deepening and widening 
 Bergholtz creek and Cayuga creek in the town of 
 Niagara, Niagara county, and making an appropria- 
 tion therefor." 
 
 Senate Bill, Int. No. 510, Printed No. 1364, entitled 
 
 " An act providing for the construction of a 
 bridge over the Mohawk river, at a point about one 
 mile above the present Erie canal aqueduct at 
 Crescent, in the county of Saratoga, including 
 approaches to such bridge, and making an appropria- 
 tion therefor." 
 
Veto Memoranda 175 
 
 Senate Bill, Int. No. 875, Printed No. 921, entitled 
 
 " An act making an appropriation for improvements 
 and buildings on the state fair grounds at Syracuse." 
 
 Senate Bill, Int. No. 642, Printed No. 685, entitled 
 
 " An act providing for the construction of a foot 
 bridge over the Erie canal at Cornelia street, in the 
 city of Utica, and making an appropriation therefor." 
 
 Senate Bill, Int. No. 697, Printed No. 747, entitled 
 
 " An act to amend chapter five hundred and thir- 
 teen of the laws of nineteen hundred and ten, en- 
 titled ' An act making appropriations for certain ex- 
 penses of government and supplying deficiencies in 
 former appropriations,' in relation to the construction 
 of a monument to commemorate the services of Ere- 
 vet-Major-General Newton Martin Curtis." 
 
 Senate Bill, Int. No. 675, Printed No. 719, entitled 
 
 " An act to provide a survey and plans for the 
 acquisition of harbor terminals by the state in the 
 port of New York, by the construction of an artificial 
 waterway between Flushing and Jamaica bays, and 
 providing an appropriation therefor." 
 
 Senate Bill, Int. No. 515, Printed No. 546, entitled 
 
 "An act to authorize the canal board to purchase 
 the iHalf-moon bridge crossing the Mohawk river 
 between the counties of Albany and Saratoga." 
 
 Senate Bill, Int. No. 214, Printed No. 217, entitled 
 
 " An act authorizing the construction of a bridge 
 over the Erie canal at the road leading from the river 
 
176 Public Papers of Governor Dix 
 
 road to the Grand Island ferry, in the town of Tona- 
 wanda, Erie county, and to make an appropriation 
 therefor." 
 
 Senate Bill, Int. No. 584, Printed No. 621, entitled 
 
 " An act authorizing the board of statutory con- 
 solidation to examine and report a plan for the clas.s- 
 ification, consolidation and simplification of the civil 
 practice in the courts of the state." 
 
 Senate Bill, Int. No. 749, Printed No. 817, entitled 
 
 " An act to provide for the establishment of a tish 
 hatchery in the county of Chautauqua and making an 
 appropriation therefor." 
 
 Senate Bill, Int. No. i. Printed No. i, entitled 
 
 " An act to provide for necessary repairs, improve- 
 ments and betterments to the state armory in the bor- 
 ough of Brooklyn in the city of New York, occupied 
 by the Forty-seventh regiment, national guard, state 
 of New York, and making an appropriation therefor." 
 
 Senate Bill, Int. No. 811, Printed No. 882, emiiled 
 
 " An act to provide for the construction of a high- 
 way bridge over the canalized Mohawk river at mov- 
 able dam five, between the towns of Glenville and 
 Rotterdam, and making an appropriation therefor." 
 
 Senate Bill, Int. No. 530, Printed No. 561, entitled 
 
 " An act to provide for the acquisition and reserva- 
 tion of Knox's headquarters in the town of New 
 Windsor, Orange county and making an appropriation 
 therefor." 
 
Veto Memoranda I'^-j 
 
 Senate Bill, Int. No. 130, Printed No. 131, entitled 
 
 " An act to amend the education law, relative to 
 the establishment of scholarships for the aid of stu- 
 dents in colleges." 
 
 Senate Bill, Int. No. 395, Printed No. 1031, entitled 
 
 " An act providing for the construction of a bridge 
 over the Mohawk river at Vischer's Ferry, and the 
 approaches thereto in the town of Clifton Park, in 
 the county of Saratoga, and making an appropriation 
 therefor." 
 
 Senate Bill, Int. No. 265, Printed No. 275, entitled 
 
 " An act to amend the education law, in relation 
 to the establishment, management and objects of a 
 state school of agriculture at Keuka college, in 
 Keuka park in the county of Yates, and making an 
 appropriation therefor." 
 
 Senate Bill, Int. No. 179 (Assembly reprint No. 1677), 
 Printed No. 466, entitled 
 
 " An act making an appropriation to aid in the 
 celebration of the one hundredth anniversary of the 
 battle of Lake Erie, fought September tenth, eigh- 
 teen hundred and thirteen, the erection of a memorial 
 to Commodore Perry and his men, and other 
 expenses in connection with such celebration, and 
 relating to Perry's Victory Centennial Commission." 
 
 Senate Bill, Int. No. 520, Printed No. 551, entitled 
 
 " An act to amend the education law, in relation 
 to establishing a law library in the county of Sche- 
 nectady." 
 12 
 
-/S Public Papers of Governor Dix 
 
 Senate Bill, Int. No. 314, Printed No. 327, entitled 
 
 " An act to provide for the acquisition and care 
 of lands to commemorate the battle of Saratoga, and 
 making an appropriation therefor." 
 
 Senate Bill, Int. No. 135, Printed No. 264, entitled 
 
 " An act to provide for the deepening of the chan- 
 nel of Ellicott creek from the Erie canal to the city 
 line of the city of Tonawanda, and for the repair of 
 the bridges crossing the same, and making an appro- 
 priation therefor." 
 
 Senate Bill, Int. No. 956, Printed No. 1068, entitled 
 
 " An act to provide for the extension of the high- 
 vi^ay bridge crossing the barge canal at Main street, 
 Lockport, New York, and making an appropriation 
 therefor." 
 
 Senate Bill, Int. No. 127, Printed No. 1135, entitled 
 
 " An act to provide for the erection of a new 
 armory building in the city of Newburgh, New York, 
 the acquisition of a site for the same, and making 
 an appropriation therefor, and providing for the sale 
 of the old armory site and building and the applica- 
 tion of the proceeds to such new building, and for 
 other purposes relative to the same." 
 
 Senate Bill, Int. No. 711, Printed No. 760, entitled 
 
 " An act to provide for the construction of addi- 
 tional buildings and purchasing the necessary equip- 
 ment therefor on the grounds of the New York State 
 Hospital for the Care of Crippled and Deformed 
 Children." 
 
Veto Memoranda 179 
 
 Each of the foregoing bills, appropriating moneys of 
 the State, is disapproved for the reason that no funds are 
 available therefor. 
 
 (Signed) JOHN A. DIX 
 
 Special Appropriation Bills 
 
 State of Nevv^ York — Executive Chamber 
 
 Albany, April 19, 1912 
 
 Memorandum filed with the following bills, to wit ; 
 
 Assembly Bill, Int. No. 1529, Printed No. 1881, 
 entitled 
 
 " An act to amend chapter eight hundred and 
 fifty-two of the laws of nineteen hundred and eleven, 
 entitled ' An act to amend the education law, in rela- 
 tion to a state school of agriculture at Cobleskill, 
 Schoharie county, and providing for the purchase of 
 a site and the erection of buildings, and making an 
 appropriation therefor,' in relation to the acquisition 
 of a site therefor." 
 
 Senate Bill, Int. No. 912, Printed No. 998, entitled 
 
 "An act to amend chapter eight hundred and fifty- 
 one of the laws of nineteen hundred and eleven, en- 
 titled 'An act to establish a state college of forestry 
 at Syracuse University, and making an appropriation 
 therefor,' relative to the objects and purposes of the 
 college." 
 Assembly Bill, Int. No. 767, Printed No. 824, entitled 
 
 "An act to amend chapter four hundred of the 
 laws of nineteen hundred and eleven, entitled 'An 
 
i8o Public Papers of Governor Dix 
 
 act providing for the reconstruction of the old por- 
 tion of the Potsdam state normal and training 
 school,' in relation to the maximum cost of such 
 reconstruction, and also making an appropriation 
 therefor." 
 
 Senate Bill, Int. No. 1215, Printed No. 1433, entitled 
 
 "An act making an appropriation for the payment 
 of claims for damages for deaths and personal injur- 
 ies arising from the accident at the automobile races 
 on the state fair grounds at Syracuse." 
 
 Assembly Bill, Int. No. 104, Printed No. 104, entitled 
 
 "An act for the purpose of restoring as near as 
 may be the route of travel and the conditions exist- 
 ing prior to eighteen hundred and nineteen, and the 
 construction of a new bridge over the Erie canal, 
 with the necessary approaches thereto, on route 
 number twenty-eight of the state highways, in the 
 village of Yorkville, and for the abolishing of the 
 present bridge crossing at a dangerous right angle, 
 and making appropriation therefor." 
 
 Assembly Bill, Int. No. 1586, Printed No. 1966, 
 •entitled 
 
 "An act making an appropriation for the pay- 
 ment of claims for damages for deaths and personal 
 injuries arising from the accident at the automobile 
 races on the state fair grounds at Syracuse." 
 
 Assembly Bill, Int. No. 1171, Printed No. 1341, 
 entitled 
 
 "An act to provide for the construction of a lift 
 or hoist bridge over the Erie canal at Beech street, 
 
Veto Memoranda 
 
 i«i 
 
 in the city of Syracuse, and making an appropriation 
 therefor." 
 
 Senate Bill, Int. No. 1018, Printed No. 1142, entitled 
 
 "An act to authorize and direct the superintendent 
 of public works to increase the rate of wages of all 
 locktenders on the several canals of this state, and 
 making an appropriation therefor." 
 
 Assembly Bill, Int. No. 1504, Printed No. 1850, 
 entitled 
 
 "An act making appropriation for fire protection 
 in the state hospitals for the insane." 
 
 Each of the foregoing bills appropriating moneys of 
 the State is disapproved for the reason either that no 
 funds are available therefor, or it is a duplicate of a bill 
 , already approved. 
 
 (Signed) JOHN A. DIX 
 
 Amending the Railroad Law, in Relation to the Number 
 of Employees to be Employed in the Operation of 
 Certain Trains 
 
 State of New York — Executive Chamber 
 
 Albany, April 19, 1912 
 
 Memorandum filed with Senate Bill, No. 327, Printed 
 Is^'o. 343, entitled 
 
 " "An act to amend chapter four hundred and eighty- 
 one of the laws of nineteen hundred and ten, being 
 chapter forty-nine of the consolidated laws known as 
 the railroad law, by adding a section thereto prescrib- 
 ing the minimum number of employees to be enaployed 
 in the operation of certain trains." ,, 
 
i82 Public Papers of Governor Dix 
 
 Not approved 
 
 This bill, without regard to the varying circumstances 
 of different roads or of the same road, asserts, in effect, 
 that no freight trains of more than twenty-five cars in 
 length, and no light engine, can be safely operated on any 
 railroad without a si>ecific crew of six and three men, re- 
 spectively. In so doing it lays down a rule of universal 
 application without regard to the demands of justice in 
 particular cases. 
 
 The Public Service Commission was vested with, and 
 now has, the power to determine and compel safe, adequate 
 and proper service on the part of the railroads. Such 
 power necessarily includes the jxiwer to change the per- 
 sonnel and reduce or increase the number in a train crew. 
 This bill deprives the Public Service Commission of the 
 power to reduce a train crew notwithstanding that with- 
 out such reduction, an unreasonable burden is placed upon' 
 the railroads and a safe, adecjuate and proper service 
 impossible. 
 
 For the reason, therefore, that this bill is absolute in 
 requirement and arbitrary in application; and full juris- 
 diction is vested in the Public Service Commission to de- 
 termine the number of train crews in accordance with the 
 demands of justice, I disapprove this bill. 
 
 (Signed) JOHN A. DIX. 
 
 Requiring the Giving of Transfers by the Surface Raih 
 roads in the Boroughs of Manhattan and Bronx 
 
 State of New York — Executive Chamber 
 
 Albany, April 19, 1912 
 Memorandum filed with Senate Bill, Int. No. 656,. 
 Printed No. 1419, entitled 
 
Veto Memoranda 183 
 
 "An act to require the giving of transfers by the 
 surface railroads in the boroughs of Manhattan and 
 Bronx, city of New York." 
 
 Not approved 
 
 The subject of this bill is to confirm, by legislative en- 
 actment, an order heretofore granted by the Public Service 
 Commission which is being litigated. If the order shall be 
 upheld by the courts the proposed legislation will be thus 
 proved unnecessary. On the other hand, if the court should 
 decide that the order is neither just nor reasonable, I can- 
 not admit the propriety and justice of compelling, by 
 legislative enactment, what would have been forbidden by 
 the court if litigation should not have been summarily 
 ended by statute. I am accordingly of opinion that any 
 legislation in this matter should at least await the judicial 
 determination which is under way. 
 
 (Signed) JOHN A. DIX. 
 
 Providing for the Deepening of Ellicott Creek, and for 
 the Repair of the Bridges Crossing the Same 
 
 State of New York — Executive Chamber 
 
 Albany, April 19, 1912 
 
 Memorandum filed with Senate Bill, Int. No. 135, printed 
 No. 264, entitled 
 
 "An act to provide for the deepening of the channel 
 of Ellicott creek from the Erie canal to the city line 
 of the city of Tonawanda, and for the repair of the 
 bridges crossing the same, and making an appropria- 
 tion therefor." 
 
184 Public Papers of Governor Dix 
 
 I fully appreciate the intolerable situation which will be 
 occasioned by business interests along EUicott creek in con- 
 sequence of the proposed removal of the Tonawanda creek 
 dam incidental to the building of the canal. My regret that 
 the condition of the treasury absolutely forbids present ap- 
 proval of this measure is tempered by the assurance of the 
 Public Works Department that the Tonawanda creek dam 
 will not be removed until 19 14, and that it will be readily 
 possible to accomplish the proposed dredging of Ellicott 
 creek in advance of the removal of the said dam if, and 
 when, the work shall be authorized by the next Legislature, 
 which I sincerely trust may be done. 
 
 (Signed) JOHN A. DIX. 
 
 Special Highway Bills 
 
 State of New York — Executive Chamber 
 
 Albany, April 19, 1912 
 
 Memorandum filed with the following bills, to wit : 
 
 Senate Bill, Int. No. 454, Printed No. 484, entitled 
 
 "An act to amend the highway law, in relation to 
 the cost and description of state route number two." 
 
 Senate Bill, Int. No. 895, Printed No. 982, entitled 
 
 "An act to amend the highway law, in relation to 
 the courses and descriptions of route three of the state 
 highway system." 
 
 Senate Bill, Int. No. 289, Printed No. 302, entitled 
 
 "An act to amend the highway law, in relation to 
 the course and description of state route forty- 
 one." 
 
Veto Memoranda 185 
 
 Assembly Bill, Int. No. 156, Printed No. 156, entitled 
 
 "An act to amend the highway law, in relation to 
 the description of route iive-a to be constructed or 
 improved by the state." 
 
 Each of the foregoing bills is disapproved for the reason 
 that it is essential to have the routes laid out constructed, 
 and I do not think this can be properly done with regard 
 to the welfare of the State if constant changes are being 
 made. 
 
 (Signed) JOHN A. DIX. 
 
 State of New York — Executive Chamber 
 
 Albany, April 19, 1912 
 
 Memorandum filed with the following bills, to wit : 
 
 Senate Bill, Int. No. 323, Printed No. 1489, entitled 
 
 " An act to amend the highway law, in relation to 
 establishing a state route in Columbia and Greene 
 counties." 
 
 Senate Bill, Int. No. 1229, Printed No. 1453, entitled 
 
 " An act to amend the highway law, in relation to 
 a new state highway in the county of Schoharie." 
 
 Senate Bill, Int. No. 251, Printed No. 260, entitled 
 
 ""An act to amend the highway law by the addition 
 of a new state route in .the county of Erie." 
 
 Senate Bill, Int. No. 294, Printed No. 307, entitled 
 
 " An act to amend the highway law, in relation to 
 a new state route in the county of Sullivan." 
 
1 86 Public Papers of Governor Dix 
 
 Senate Bill, Int. No. 650, Printed No. 692, entitled 
 
 " An act to amend the highway law, in relation to 
 the establishment of a new state route in the counties 
 of Monroe and Orleans." 
 
 Senate Bill, Int. No. 694, Printed No. 738 (Assembly 
 reprint No. 2009), entitled 
 
 " An act to amend the highway law, in relation to 
 creating a new state route in the counties of Scho- 
 harie and Delaware." 
 
 Assembly Bill, Int. No. 916, Printed No. 1004, entitled 
 
 " An act to amend the highway law, in relation to 
 a new state route in the county of Tompkins." 
 
 Assembly Bill, Int. No. 442, Printed No. 1597, entitled 
 
 " An act to amend the highway law, in relation to 
 a new state route to be improved by the state." 
 
 Assembly Bill, Int. No. 844, Printed No. 918, entitled 
 
 " An act to amend the highway law, in relation to 
 the estabhshment of a new route in the state high- 
 way system running from Watkins to Wayne." 
 
 Assembly Bill, Int. No. 182, Printed No. 1599, entitled 
 
 " An act to amend the highway law, in relation to 
 a new route in the state highway system in the county 
 of Herkimer." 
 
 Assembly Bill, Int. No. 282, Printed No. 1600, entitled 
 
 " An act to amend the highway law, in relation to 
 a new route in the state highway system in the 
 counties of Montgomery, Herkimer and Otsego." 
 
Veto Memoranda 187 
 
 Assembly Bill, Int. No. 1388, Printed No. 1631, entitled 
 
 " An act to amend the highway law, in relation to 
 establishing a new state route in Saint Lawrence 
 county." 
 
 Assembly Bill, Int. No. 1554, Printed No. 1978, entitled 
 
 " An act to amend the highway law by the ad- 
 dition of a new state route in the county of Putnam." 
 
 Assembly Bill, Int. No. 384, Printed No. 1961, entitled 
 
 " An act to amend the highway law, in relation to 
 a new state route to be improved by the state." 
 
 Not approved 
 
 Each of the foregoing bills, by special act, seeks to add 
 a new route to those set forth in section 120 of the High- 
 way Law, to place the cost of its construction or improve- 
 ment solely upon the State and to anticipate the moneys 
 which may become available for the construction and im- 
 provement of State highways at the next election. 
 
 Whether or not such bills are sufficiently general in 
 character to fall without the constitutional inhibitions 
 against legislation which operates only upon particular 
 and sectional interests, I cannot approve of additional 
 routes for which no moneys are now available ; for which 
 none of the moneys arising from the sale of the bonds in 
 anticipation of which they were laid out, will ever become 
 available — such moneys being necessary to complete the 
 routes already in existence — and to the construction of 
 which the State would be morally committed. 
 
 I therefore disapprove each of the foregoing bills. 
 
 (Signed) JOHN A. DIX 
 
1 88 Public Papers of Governor- Dix 
 
 Duplicates, Unnecessary, Defectively Drawn, Embraced 
 in or in Conflict with Bills Already Signed, Uncon- 
 stitutional, for Purposes Which can be Suitably 
 Accomplished Under General Laws, or Should be 
 Provided for, if at all, by Amendments to the General 
 Law, or Objectionable and Inadvisable by Reason of 
 Proposed Changes. The Omnibus Veto. 
 
 OMNIBUS VETO 
 
 State of New York — Executive Chamber 
 
 Albany, April 19, 1912 
 
 The bills appended hereto are disapproved for the 
 reason that they are either unconstitutional, defectively 
 drafted, duplicates of bills already disposed of, special, 
 changes, amendments or additions to State routes or the 
 canal system, appropriations of money exceeding avail- 
 able funds, violations of the principle of home rule or a 
 sound public policy or a combination or any one or more 
 of these defects. 
 
 (Signed) JOHN A. DIX 
 
 Assembly Bill, Int. No. 4, Printed No. 935, entitled 
 
 "An act to amend the code of criminal procedure, 
 in relation to admission to bail." 
 
 Assembly Bill, Int. No. 33, Printed No. 33, entitled 
 
 "An act to authorize the release by the county of 
 Kings to Andrew Carlson, of the public uses and 
 trusts affecting certain lands in the town of Smith- 
 town, conveyed to said Andrew Carlson by the 
 
Veto Memoranda 189 
 
 people of the state of New York in exchange for 
 certain other properties therefore belonging to the 
 said Andrew Carlson." 
 
 Assembly Bill, Int. No. 66, Printed No. 289 (S. reprint 
 No. 901), entitled 
 
 "An act to amend the domestic relations law with 
 respect to the written consent to the marriage of a 
 minor." 
 
 Assembly Bill, Int. No. 90, Printed No. 1019, entitled 
 
 "An act to amend the judiciary law, relative to the 
 salary of typewriter operators in first and second 
 departments of appellate division." 
 
 Assembly Bill, Int. No. 142, Printed No. 1313 (S- 
 reprint No. 1516), entitled 
 
 "An act to amend the real property law, in rela- 
 tion to the lease of real property held in trust." 
 
 Assembly Bill, Int. No. 190, Printed No. 1146, entitled 
 
 "An act to amend the county law, in relation to 
 the ofifer and payment of rewards for the arrest and 
 conviction of felons." 
 
 Assembly Bill, Int. No. 246, Printed No. 939, entitled 
 
 "An act to amend the code of criminal precedure,. 
 relative to admitting the defendant to bail." 
 
 Assembly Bill, Int. No. 262, Printed No. 262, entitled 
 
 "An act to amend chapter twenty-nine of the laws 
 of nineteen hundred and two, entitled ' Ah act to 
 make the office of sheriff of Franklin county a 
 
190 Public Papers of Governor Dix 
 
 salaried office, in part, and to regulate the manage- 
 ment thereof,' in relation to the audit of disburse- 
 ments." 
 
 Assembly Bill, Int. No. 308, Printed No. 310, entitled 
 
 "An act to amend article nine of the judiciary law 
 by adding a new section thereto, to be known as 
 section three hundred and twenty, in relation to the 
 compensation of stenographers appointed by the 
 judges of the court of general sessions of the peace 
 in and for the county of New York.'" 
 
 Assembly Bill, Int. No. 331, Printed No. 1873, entitled 
 
 "An act to amend the code of civil procedure, in 
 relation to referees' fees on sale of real property." 
 
 Assembly Bill, Int. No. 375, Printed No. 385, entitled 
 
 "An act to release the interest of the state of New 
 York in the property and estate of Margaret E. 
 Tompkins, deceased, to the heirs and next of kin 
 to Noah D. Tompkins, deceased." 
 
 Assembly Bill, Int. No. 397, Printed No. 409, entitled 
 
 "An act to amend chapter one hundred and eighty- 
 five of the laws of nineteen hundred and six, en- 
 titled 'An act to revise the charter of the city of 
 Auburn,' in relation to jurors in the city courts of 
 such city, and their compensation." 
 
 Assembly Bill, Int. No. 404, Printed No. 1135, entitled 
 
 "An act to amend chapter one hundred and five 
 of the laws of eighteen hundred and ninety-one, en- 
 titled 'An act to revise the charter of the city of 
 
Veto Memoranda igi 
 
 Buffalo,' relative to actions oi" proceedings affecting 
 taxes, assessments or tax sales." 
 
 Assembly Bill, Int. No. 425, Printed No. 1795, entitled 
 
 "An act to amend the labor law, relative to the 
 use of compressed air in caissons, tunnels and other 
 works, and laborers employed." 
 
 Assembly Bill, Int. No. 429, Printed No. 441, entitled 
 
 "An act to amend the code of civil procedure, in 
 relation to the fees for publication of legal notices 
 and advertisements required by law." 
 
 Assembly Bill, Int. No. 488, Printed No. 500, entitled 
 
 "An act to amend the tax law, in relation to the 
 salary of transfer tax assistant in the surrogate's 
 office in Westchester county." 
 
 Assembly Bill, Int. No. 522, Printed No. 686, entitled 
 "An act to amend the charter of the village of 
 Fredonia, in relation to providing for the paving and 
 macadamizing of short streets in the village, and the 
 amount to be charged to consumers of water whose 
 annual rental for such use is over twenty dollars." 
 
 Assembly Bill, Int. No. 551, Printed No. 1825, entitled 
 
 "An act to amend the code of civil procedure, in 
 
 relation to the jurisdiction of the board of claims." 
 
 Assembly Bill, Int. No. 565. Printed No. i595> entitled 
 "An act to amend the railroad law, in relation to 
 use of center-bearing rails by street surface railroad 
 companies in certain locaUties." 
 
192 Public Papers of Governor Dix 
 
 Assembly Bill, Int. No. 279, Printed No. 602, entitled 
 
 "An act to amend the highway law, in relation to 
 the purchase of lands to be acquired for right of 
 way and other purposes, and payment therefor." 
 
 Assembly Bill, Int. No. 585, Printed No. 607, entitled 
 
 " An act to amend chapter six hundred and forty- 
 nine of the laws of eighteen hundred and ninety-four, 
 entitled ' An act to incorporate the American Baptist 
 Missionary Union,' as to corporate name and to au- 
 tliorize and confirm the holding of corporate meet- 
 ings in any state or territory of the United States." 
 
 Assembly Bill, Int. No. 595, Printed No. 1548, entitled 
 
 " An act to amend the banking law, relative to 
 powers of superintendent." 
 
 Assembly Bill, Int. No. 626, Printed No. 653, entitled 
 
 " An act to amend the real property law, in relation 
 to cemetery lands." 
 
 Assembly Bill, Int. No. 630, Printed No. 1799, entitled 
 
 " An act to regulate the transaction of public busi- 
 ness in the county of Albany and to provide the man- 
 ner of auditing and paying charges against said 
 county and repealing certain laws and portions of 
 laws now relating thereto." 
 
 Assembly. Bill, Int. No. 687, Printed No. 1921, entitled 
 
 " An act to amend the code of criminal procedure, 
 in relation to the expenses of counsel assigned to 
 defend." 
 
Veto Memoranda 193 
 
 Assembly Bill, Int. No. 728, Printed No. 1157, entitled 
 
 " An act to amend the highway law, in relation to 
 the construction or improvement of highways by 
 county and town." 
 
 Assembly Bill, Int. No. 748, Printed No. 804, entitled 
 
 " An act to amend the general municipal law, in 
 relation to the United States Volunteer Life Savings 
 Corps of the State of New York." 
 
 Assembly Bill, Int. No. 760, Printed No. 1790, entitled 
 
 " An act to amend chapter five hundred and ninety- 
 three of the laws of nineteen hundred and five, en- 
 titled ' An act to revise the charter of the city of 
 Johnstown,' generally." 
 
 Assembly Bill, Int. No. 761, Printed No. 1306, entitled 
 
 " An act to authorize the town board of the town 
 of Mooers to convey certain land owned by said town 
 to Saint Joseph's Catholic church of Mooers Junc- 
 tion, and a cemetery association, yet to be formed." 
 
 Assembly Bill, Int. No. 772, Printed No. 829, entitled 
 
 " An act to amend the town law, in relation to the 
 appointment of a deputy town clerk, a town counsel 
 and an accountant to the supervisor." 
 
 Assembly Bill, Int. No. 773, Printed No. 1376, entitled 
 
 " An act to repeal chapter three hundred and 
 twenty-two of the laws of eighteen hundred and 
 eighty-two, entitled 'An act in relation to the col- 
 lection of taxes, in the county of Oswego, and to 
 
 13 
 
194 Public Papers of Governor Dix 
 
 legalize all sales for taxes in the county of Oswego, 
 sold under and by virtue of chapter sixty-five of the 
 laws of eighteen hundred and seventy-eight, entitled 
 ' An act to amend the statutes in reference to the col- 
 lection of taxes in the counties of Livingston, Mont- 
 gomery and Oswego,' and all acts amendatory 
 thereof, or supplementary thereto, and to repeal said 
 chapter sixty-five of the laws of eighteen hundred 
 and seventy-eight, and the acts amendatory thereof, 
 and supplementary thereto, so far as the provisions 
 thereof relate to or afifect the county of Oswego ; ' 
 and the several acts amendatory thereof or supple- 
 mentary thereto, so far as the provisions thereof re- 
 late to the county of Oswego ; and to validate and 
 legalize conveyances made pursuant to the provisions 
 of said act." 
 
 Assembly Bill, Int. No. 808, Printed No. 869 (Senate 
 reprint No. 1434), entitled 
 
 " An act to amend the poor law, in relation to 
 hospital accommodations to persons suffering from 
 tuberculosis." 
 
 Assembly Bill, Int. No. 811, Printed No. 1501, entitled 
 
 " An act to amend the county law, relative to 
 ■ salaries of deputy clerks in New York county and 
 appointment and compensation of counsel to county 
 clerk of New York county." 
 
 Assembly Bill, Int. No. 840, Printed No. 914, entitled 
 
 " An act to amend the religious corporations law, 
 in relation to free churches." 
 
Veto Memoranda 195 
 
 Assembly Bill, Int. No. 855, Printed No. 929, entitled 
 
 " An act to amend the highway law, in relation to 
 the amount of state aid." • 
 
 Assembly Bill, Int. No. 885, Printed No. 973, entitled 
 
 " An act to amend the town law, in relation to 
 deputy town clerks." 
 
 Assembly Bill, Int. No. 895, Printed No. 983, entitled 
 
 " An act to amend the Greater New York charter, 
 in relation to the suspension of ofificers and employees 
 upon charges." 
 
 Assembly Bill, Int. No. 918, Printed No. 1006, entitled 
 
 " An act to amend the judiciary law, relative to 
 stenographers furnishing copies of proceedings to 
 judge." 
 
 Assembly Bill, Int. No. 942, Printed No. 1039, entitled 
 
 " An act to amend chapter six hundred and eighty- 
 four of the laws of nineteen hundred and five, en- 
 titled ' An act to supplement the provisions of law 
 relating to the department of public works of the 
 city of Syracuse,' in relation to the expense of the 
 work upon local improvements performed by the 
 city." 
 
 Assembly Bill, Int. No. 945, Printed No. ,1459, entitled 
 
 " An act to amend chapter seventy-five of the laws 
 of nineteen hundred and six, entitled ' An act to sup- 
 plement the provisions of law relating to the depart- 
 ment of assessment and taxation of the city of 
 Syracuse,' in relation to improvements for the 
 
196 Public Papers of Govekktor Dix 
 
 sprinkling, laying of dust with substances ather than 
 water, watering and flushing of streets." 
 
 Assembly Bill, Int. No. 960, Printed No. 1048, entitled 
 
 " An act to amend the town law, in relation to the 
 powers of supervisors and assessors in certain towns 
 to employ clerks." 
 
 Assembly Bill, Int. No. 961, Printed No. 1057, entitled 
 
 " An act authorizing the board of town auditors of 
 the town of White Plains to hear, audit, determine 
 and allow the alleged claim of Alice Cox Anderson 
 for services rendered the said town of White Plains 
 as clerk of the board of assessors of said town, and 
 to provide for the payment of such claim." 
 
 Assembly Bill, Int. No. 972, Printed No. 1078, entitled 
 
 "An act to merge and consolidate the Dutch Evan- 
 gelical Lutheran Church of Winkelried, in the town 
 of Callicoon, Sullivan county, New York, and the Ger- 
 man Evangelical Lutheran Church of Callicoon, Sulli- 
 van county, New York, and the German Evangelical 
 Church of the town of Callicoon and the German 
 Presbyterian Church of Jeffersonville, Sullivan 
 county, New York, into one corporation, by the 
 name of the First Presbyterian Church of Jefferson- 
 ville. New York, and to vest in such corporation all 
 their rights and personal property." 
 
 Assembly Bill, Int. No. 986', Printed No. 1092, entitled 
 
 "An act to amend the tax law, in relation to the 
 exemption from taxation of real property purchased 
 with the proceeds of a pension." 
 
Veto' Memoranda 197 
 
 Assembly Bill, Int. No. 99a, Printed No. 1833, entitled 
 
 "An act to amend chapter four hundred and twenty- 
 four of the laws of nineteen hundred and three, en- 
 titled 'An act to provide for the abolition, discontinu- 
 ance and avoidance of certain grade crossings in the 
 city of New York, and to that end to authorize the 
 city of New York to grant a right of way under 
 Saint Mary's park in the borough of the Bronx in said 
 city of New York to the New York and Harlem Rail- 
 road Company, and to acquire from the said railroad 
 company a part of its present roadway,' in relation to 
 the awarding of damages." 
 
 Assembly Bill, Int. No. 1033, Printed No. 1171, entitled 
 
 "An act to amend the Greater New York charter, 
 relating to the telegraph service of the fire department." 
 
 Assembly Bill, Int. No. 1041, Printed No. 1750 (S. re- 
 print No. 149s), entitled 
 
 "An act to amend chapter three hundred and ninety- 
 four of the laws of eighteen hundred and ninety-five, 
 entitled 'An act to revise the charter of the city of 
 Oswego,' in relation to the salary of the city 
 engineer." 
 
 Assembly Bill, Int. No. 1045, Printed No. 1816, entitled 
 
 "An act to arhend the Niagara Falls charter, in re- 
 lation to costs recoverable in an action in the city 
 court." 
 
 Assembly Bill, Int. No. 1086,^ Printed No. 1675, entitled 
 
 "An act to amend the general city law, in relation 
 to fire escapes." 
 
198 Public Papers of Governor Dix 
 
 Assembly Bill, Int. No. 1123, Printed No. 1503, entitled 
 
 "An act to amend chapter six hundred and three 
 of the laws of nineteen hundred and ten, entitled 'An 
 act in relation to the city court of Albany, generally, 
 its justices, clerk, marshals and stenographer,' gen- 
 erally." 
 
 ' Assembly Bill, Int. No. 1135, Printed No. 1289, entitled 
 
 "An act to amend the town law, in, relation to 
 fires," 
 
 Asseinbly Bill, Int. No. 1140, Printed No. 1293, entitled 
 
 "An act to release all rights and interests of the 
 people of the state in and to certain lands in Saratoga 
 county, formerly owned by Alice Malone, deceased, 
 and vesting such rights and interests in Alice Brown- 
 rick, her heirs and assigns." ' 
 
 Assembly Bill, Int. No. 1143, Printed No. 1901, entitled 
 
 "An act to provide for the retention, maintenance 
 and improvement of the present Erie canal at Palmyra, 
 as a barge canal terminal and for the storage therein of 
 surplus canal waters." 
 
 Assembly Bill, Int. No. 1189, Printed No. 1803, entitled 
 
 "An act to amend the judiciary law, in relation to 
 the exemption of jurors." 
 
 Assembly Bill, Int. No. 1205, Printed No. 1375, entitled 
 
 "An act authorizing the register of the county of 
 New York to appoint and remove a counsel to the 
 register of said county, and fixing the qualifications 
 and compensation of such counsel and providing for 
 the payment of such compensation." 
 
Veto Memoranda 199 
 
 Assembly Bill, Int. No. 12 13, Printed No. 1387, entitled 
 
 "An act to provide for the permanent improvement 
 of a portion of Broadway, a street in the city of New- 
 burgh, and to empower the city council to regulate 
 the use of such street." 
 
 Assembly Bill, Int. No. 1216, Printed No. 1390, entitled 
 
 "An act to extend the time of the Cortland and 
 Auburn Railroad Company to finish the construction 
 of its railroad and to expend thereon the amount re- 
 quired by law." 
 
 Assembly Bill, Int. No. 1241, Printed No. 1415, entitled 
 
 "An act authorizing the city of Rome to issue bonds 
 to pay its share of the cost of the construction and 
 improvement of highways lying outside the corporation 
 tax district of said city." 
 
 Assembly Bill, Int. No. 1284, Printed No. i486, entitled 
 
 "An act to repeal section thirty-four of the naviga- 
 tion law, relating to fees for boat inspections and 
 licenses." 
 
 Assembly Bill, Int. No. 1287, Printed No. 1489, entitled 
 
 "An act in relation to the powers of the board of 
 supervisors of Sullivan county in respect to the com- 
 pensation and accounts of Robert B. Labagh, a former 
 superintendent of the poor of such county, and to 
 legalize certain acts of the board of supervisors of 
 such county affecting the compensation and accounts 
 of such official and of other former incumbents of 
 such office." 
 
200 Public Papers of Governor Dix 
 
 Assembly Bill, Int. No. 1290, Printed No. 1492, entitled 
 
 "An act to empower the town boards and village 
 trustees of towns and villages in the county of Greene 
 to make necessary appropriations to purchase metal 
 markers for the graves of soldiers, sailors and 
 marines." 
 
 Assembly Bill, Int. No. 1324, Printed No. 1538, entitled 
 
 "An act to amend the county law, in relation to 
 compensation and expenses of the district attorney of 
 Schoharie county." 
 
 Assembly Bill, Int. No. 1342, Printed No. 1564, entitled 
 
 "An act to amend the highway law, in relation to 
 private roads." 
 
 Assembly Bill, Int. No. 1362, Printed No. 1605, entitled 
 
 "An act to amend the military law, in relation to the 
 mihtia of the state." 
 
 Assembly Bill, Int. No. 1373, Printed No. 1616, entitled 
 
 "An act to amend the tax law, in relation to clerks 
 in surrogate's court. Kings county." 
 
 Assembly Bill, Int. No. 1417, Printed No. 1660, 
 entitled 
 
 "An act to amend the charter of the city of 
 Oneonta, generally." 
 
 Assembly Bill; Int. No. 1421, Senate Reprint No. 1475, 
 entitled 
 
 "An act to supplement the provisions of law rela- 
 ting to the department of public works of the city 
 of Syracuse." 
 
Veto Memoranda 201 
 
 Assembly Bill, Int. No. 1449, Printed No. 1727, 
 entitled 
 
 "An act to amend the membership corporations 
 law, in relation to application of provisions affecting 
 cemetery corporations." 
 
 Assembly Bill, Int. No. 1454, Printed No. 1732, 
 entitled 
 
 "An act to amend the county law, in relation to 
 the designation of newspapers for publication of the 
 session laws." 
 
 Assembly Bill, Int. No. 1474, Printed No. 1770, 
 entitled 
 
 "An act to amend chapter twenty-six of the laws 
 of nineteen hundred and three, entitled 'An act to 
 make the office of sheriff of Essex county a salaried 
 office, in part, and to regulate the management 
 thereof,' in relation to salary of janitor." 
 
 Assembly Bill, Int. No. 1490, Printed No. 1806, 
 entitled 
 
 "An act to amend the judiciary law, in relation to 
 stenographers of the supreme court in the seventh 
 judicial district." 
 
 Assembly Bill, Int. No. 1498, Printed No. 1844, 
 entitled 
 
 "An act to amend chapter five hundred and fifty- 
 nine of the laws of nineteen hundred and ten, en- 
 titled 'An act to provide a charter for the city of 
 New Rochelle,' in relation to the city court clerk and 
 marshal, and the practice and procedure in the city 
 court of New Rochelle." 
 
202 Public Papers of Governor Dix 
 
 Assembly Bill, Int. No. 1503, Printed No. 1849, 
 entitled 
 
 "An act to amend the labor law, in relation to 
 powers of the commissioner of labor and his. 
 assistants." 
 
 Assembly Bill, Int. No. 1533, Printed No. 1885, 
 entitled 
 
 "An act to amend the military law in relation to 
 acquisition of sites for armories." 
 
 Assembly Bill, Int. No. 1543, Printed No. 1894, 
 entitled 
 
 "An act in relation to repairing of docks belong- 
 ing to the town of Shelter Island and legalizing the 
 i acts of said town in raising and expending money 
 for such purpose." 
 
 Assembly Bill, Int. No. 1572, Printed No. 1949, 
 entitled 
 
 "An act making provision for issuing bonds to the 
 amount of not to exceed twenty-five million dollars 
 for the extension of the Black river canal, the recon- 
 struction of the Chemung canal and the conversion 
 of the Glens Falls feeder into a canal as a part of 
 the Barge canal, and providing for a submission of 
 the same to the people to be voted upon at the gen- 
 eral election to be held in the year nineteen hundred 
 and twelve." 
 
 Assembly Bill, Int. No. 1578, Printed No. 1950, 
 entitled 
 
 "An act to amend the village law, in relation to 
 bonds or other obligations." 
 
Veto Memoranda 203 
 
 Assembly Bill, Int. No. 1580, Printed No. 1952, 
 entitled 
 
 "An act to amend chapter one hundred and forty- 
 seven of the laws of nineteen hundred and three, en- 
 titled 'An act making provision for issuing bonds to 
 the amount of not to exceed one hundred and one 
 million dollars for the improvement of the Erie 
 canal, the Oswego canal and the Champlain canal, 
 and providing for a submission of the same to the 
 people to be voted upon at the general election to be 
 held in the year nineteen hundred and three,' in 
 relation to payment of interest to contractors on 
 sums retained." 
 
 Assembly Bill, Int. No. 1587, Printed No. 1967, 
 entitled 
 
 "An act to amend the education law, in relation 
 to retirement of certain instructors and amount of 
 salary to be paid to such retired instructors." 
 
 Senate Bill, Int. No. 56, Printed No. 56, entitled 
 
 " An act to amend the second class cities law, rela- 
 tive to contracts." 
 
 Senate Bill, Int. No. 115, Printed No. 1212, entitled 
 
 " An act to amend chapter eight hundred and fifty- 
 five of the laws of nineteen hundred and eleven, en- 
 titled ' An act authorizing the justices of the appellate 
 division of the supreme court in the first department 
 to retire employees for incapacity and providing for 
 their compensation,' in relation to the services pre- 
 requisite to such retirement." 
 
204 Public Papers of Governor Dix 
 
 Senate Bill, Int. No. 122, Printed No. 605, entitled 
 
 " An act to establish a state board for improving 
 the condition of the blind of the state of New York." 
 
 Senate Bill, Int. No. 143, Printed No. 145, entitled 
 
 " An act providing for the assessment and taxation 
 of certain state lands in the town of Genesee Falls, 
 Wyoming county." 
 
 Senate Bill, Int. No. 151, Printed No. 154, entitled 
 
 " An act to amend the public lands law, in relation 
 to release of lands acquired by the state under irregu- 
 lar tax proceedings." 
 
 Senate Bill, Int. No. 194, Printed No. 1024, entitled 
 
 " An act to amend the public service commissions 
 law, in relation to the power of the commission to 
 suspend rate schedules." 
 
 Senate Bill, Int. No. 242, Printed No. 251, entitled 
 
 " An act to extend the time of Tuscarora Traction 
 Company to begin and finish the construction of its 
 railroad." 
 
 Senate Bill, Int. No. 274, Printed No. 1202, entitled 
 
 " An act to amend the poor law, in relation to the 
 dutiesof local poor ofldcers." 
 
 Senate Bill, Int. No. 371, Printed No. 647, entitled 
 
 " An act to amend the town law, in relation to col- 
 lector's undertaking." 
 
Veto Memoranda 205 
 
 Senate Bill, Int. No. 384, Printed No. 399, entitled 
 
 " An act to amend the personal property law rela- 
 tive to transfers of shares of stock in corporations." 
 
 Senate Bill, Int. No. 418, Printed No. 800, entitled 
 
 " An act creating and prescribing the powers and 
 duties of a commission to inquire into the necessity 
 for a water system and methods of improving or de- 
 veloping a water supply for the county of West- 
 chester, or portions thereof, by the exercise of 
 powers vested in the state and providing for the pay- 
 ment of the expenses of such commission." 
 
 Senate Bill, Int. No. 425, Printed No. 1032, entitled 
 
 " An act to amend chapter four hundred and forty- 
 five of the laws of eighteen hundred and ninety-eight, 
 entitled ' An act to make the office of sherifif of 
 Steuben county a salaried one, in part, and to regu- 
 late the management thereof,' in relation to residence 
 and duties of the sherifif and abolishing the office of 
 sheriff's clerk." 
 
 Senate Bill, Int. No. 470, Printed No. 498, entitled 
 
 " An act to amend the code of civil procedure, in 
 relation to proceedings supplementary to execution." 
 
 Senate Bill, Int. No. 479, Printed No. 507, entitled 
 
 " An act to amend the town law, in relation to en- 
 larging the water system in the water supply 
 district." 
 
 Senate Bill, Int. No. 489, Printed No. 517, entitled 
 
 " Am act to provide for compensation in cases of 
 wrongful removal." 
 
2o6 Public Papers of Governor Dix 
 
 Senate Billj Int. No. 504, Printed No. 971, entitled 
 
 " An act to amend chapt.er seven hundred and 
 forty-six of the laws of nineteen hundred and eleven, 
 entitled ' An act making provision for issuing bonds 
 to the amount of not to exceed nineteen million eight 
 hundred thousand dollars for the purpose of furnish- 
 ing proper terminals and facilities for barge canal 
 trafific, including the acquisition and interchange of 
 property therefor, with a view, to improving and 
 fostering the commerce of the state, and providing 
 for a submission of the same to the people to be 
 ,voted upon at the general election to be held in the 
 year nineteen hundred and eleven,' in relation to the 
 terminals and basin at Gowanus bay or its immediate 
 vicinity." 
 
 Senate Bill, Int. No. 523, Printed No. 554, entitled 
 
 " An act to amend the code of civil procedure, in 
 relation to an action for divorce." 
 
 Senate Bill, Int. No. 582, Assembly Reprint No. 1674, 
 entitled 
 
 " An act to amend the forest, fish and game law, 
 in relation to the sale of certain game." 
 
 Senate Bill, Int. No. 583, Printed No. 1208, entitled 
 
 " An act authorizing the preparation of an index 
 of the session laws and statutes of the state of New 
 York." 
 
 Senate Bill, Int. No. 600, Printed No. 637, entitled 
 
 " An act to amend the highway law, in relation to 
 the amount of state aid." 
 
Veto Memoranda 207 
 
 Senate Bill, Int. No. 602, Printed No. 1254, entitled 
 
 " An act for the relief of Edward L. Gayton, a for- 
 mer member of the national guard of this state." 
 
 Senate Bill, Int. No. 618, Printed No. 661, entitled 
 
 " An act to amend chapter one hundred and 
 twenty-five of the laws of eighteen hundred and 
 sixty-one, entitled 'An act to consolidate and amend 
 the several acts relating to the village of Watkins, 
 and to enlarge the powers of the corporation of said 
 village,' in relation to the indebtedness of the 
 village." 
 
 Senate BiU, Int. No. 633, Printed No. 972, entitled 
 
 " An act to incorporate the federal council of the 
 Churches of Christ in America." 
 
 Senate Bill, Int. No. 637, Printed No. 699, entitled 
 
 " An act to amend the code of criminal procedure, 
 in relation to granting power to courts to set aside 
 judgments rendered upon defendants pleading guilty 
 to, felonies." 
 
 Senate Bill, Int. No. 684, Printed No. 728, entitled 
 
 " An act to amend the judiciary law, in relation to 
 appointment of interpreters for supreme court by jus- 
 tices of appellate division." 
 
 Senate Bill, Int. No. 698, Printed No. 748, entitled 
 
 " An act to amend the decedent estate law, in re- 
 latioti'to the proof of wills." 
 
2oS Public Papers of Governor Dix 
 
 Senate Bill, Int. No. 759, Printed No. 828, entitled 
 
 "An act to amend chapter one hundre.d and seventy- 
 one of the laws of nineteen hundred and four, entitled 
 'An act to provide for the continuance of the office 
 of commissioner of records of the county of Kings, 
 and for the completion and care of the block indexes 
 and reindexing plant, and for the care and preserva- 
 tion of the county records, old town and other records,' 
 as amended by chapter six hundred and forty-two of 
 the laws of nineteen hundred and eleven." 
 
 Senate Bill, Int. No. 770, Printed No. 839, entitled 
 
 "An act to amend the town law, in relation to peace 
 officers in certain towns." 
 
 Senate Bill, Int. No. 780, Printed No. 849, entitled 
 
 "An act to authorize the state comptroller to hear 
 and determine the application of Ludwig Olsen for the 
 cancellation of the tax sale of eighteen hundred and 
 ninety-five in the county of Ulster, as to lot twenty- 
 five, Kingston commons, Binnewater class." 
 
 Senate Bill, Int. No. 781, Printed No. 850, entitled 
 
 "An act to amend the public lands law, in relation to 
 providing for the illumination of Niagara Falls, at 
 the joint expense of the state of New York, and the 
 proper Canadian authorities, and making an appropria- 
 tion therefor." 
 
 Senate Bill, Int. No. 838, Printed No. 1216, entitled 
 
 "An act to amend the county law, in relation to the 
 establishment of county hospital for tuberculosis." 
 
Veto Memoranda 209 
 
 Senate Bill, Int. No. 839, Printed No. 948, entitled 
 
 "An act to amend chapter eight hundred and fifty- 
 eight of the laws of eighteen hundred and sixty- 
 seven, entitled 'An act to amend the statutes in refer- 
 ence to the collection of taxes in the county of On- 
 ondaga,' relative to the time of filing statement of 
 unpaid taxes by the county treasurer of Onondaga 
 county." 
 
 Senate Bill, Int. No. 869, Printed No. 915, entitled 
 
 "An act to amend cha.pter seven hundred and six of 
 the laws of nineteen hundred and one, entitled 'An 
 act to make the office of register of the county of 
 Kings a salaried office and regulating the management 
 of said office,' as amended by chapter six hundred 
 and ninety-nine of the laws of nineteen hundred and 
 four, and chapter four hundred and ninety-six of the 
 laws of nineteen hundred and six, relating to additional 
 assistants, clerks, employees or subordinates in said 
 office, and fixing salaries of assistants, clerks, em- 
 ployees or subordinates in said office." 
 
 Senate Bill, Int. No. 899, Printed No. 986, entitled 
 
 "An act to amend the code of civil procedure, in re- 
 lation ifo the authentication of documents from foreign 
 countries." 
 
 Senate Bill, Int. No. 907, Printed No. 994, entitled 
 
 "An act to amend chapter three hundred of the laws 
 of nineteen hundred and four, entitled 'An act to 
 revise and consolidate the several acts relative to the 
 
 14 
 
21 o Public Papers of Governor Dix 
 
 city of Niagara Falls,' by pi-oviding for greater duties 
 and powers of the board of grade crossing commis- 
 sioners of said city." 
 
 Senate Bill, Int. No. 928, Assembly Reprint No. 1975, 
 entitled 
 
 "An act to amend the tax law, in relation to assess- 
 ment-roll, and assessment of omitted property." 
 
 Senate Bill, Int. No. 986, Printed No. 1105, entitled 
 
 "An act to amend ai'ticle six of the insurance law, 
 in relation to certificates of authority to be issued by 
 the superintendent of insurance." 
 
 Senate Bill, Int. No. 991, Printed No. mo, entitled 
 
 "An act to legalize and confirm the official act of 
 Charles E. L. M. Hoadley, a notary public in and for 
 the county of New Haven, state of Connecticut, in 
 taking and certifying the acknowledgments of Elmer 
 H. Blanchord, Carrie A. Blanchord, his wife, and 
 other persons of the execution by them of a quit 
 claim deed of certain lands situate in the city of Buf- 
 falo, county of Erie, and state of New York, and 
 authorizing and directing the clerk of Erie county 
 to record said deed." 
 
 Senate Bill, Int. No. 1007, Printed No. 1127, entitled 
 
 "An act to amend the insurance law, relative to the 
 merger or consolidation of certain corporations." 
 
 Senate Bill, Int. No. 1046, Printed No. 1170, entitled 
 
 "An act to authorize the sale of lands for non-pay- 
 ment of taxes and for the collection of unpaid taxes 
 
Veto Memoranda 211 
 
 in the several towns of the county of Westchester, and 
 legalizing and validating sales heretofore made." 
 
 Senate Bill, Int. No. 1050, Printed No. 11 74, entitled 
 
 "An act to amend the insurance law, relative to the 
 purposes for which fidelity and surety companies may 
 be incorporated." 
 
 Senate Bill, Int. No. 1075, Printed No. 1409, entitled 
 
 ■'An act to ainend the Greater New York charter, in 
 relation to coroners' officers, and subordinates pro- 
 vided for; salaries and compensation." 
 
 Senate Bill, Int. No. 1078, Printed No. 1414, entitled 
 
 "An act to abate the smoke nuisance in the city of 
 Albany." 
 
 Senate Bill, Int. No. 1083, Printed No. 1228, entitled 
 
 "An act to amend the penal law, by repealing sec- 
 tion one thousand five hundred and sixty-one thereof." 
 
 Senate Bill, Int. No. 1106, Printed No. 1265, entitled 
 
 "An act to amend the insurance law, in relation 
 to the valuation of bonds and other evidences of 
 debt." 
 
 Senate Bill, Int. No. 1123, Printed No. 1295, entitled 
 
 "An act to amend the election law, in relation to 
 registration of voters." 
 
 Senate Bill, Int. No. 1124, Printed No. 1296, entitled 
 
 "An act to amend chapter seven hundred and 
 eighteen of the laws of nineteen hundred and four, 
 entitled 'An act authorizing the selection of lands for 
 
212 Public Papers of Governor Dix 
 
 the New York state training school for boys, and es- 
 tabhshing the said school,' in relation to acquiring the 
 interest of the state of New York in certain lands on 
 Randall's Island in exchange for certaui lands in the 
 city of New York." 
 
 Senate Bill, Int. No. 1130, Printed No. 1301, entitled 
 
 "An act to authorize the establishment of a munici- 
 pal commission in the village of Ilion and prescribing 
 its powers and duties." 
 
 Senate Bill, Int. No. 1199, Printed No. 1395, entitled 
 
 "An act to amend the highway law, in relation to 
 the construction of county highways." 
 
 Senate Bill, Int. No. 1200, Printed No. 1396, entitled 
 
 "An act to amend the prison law, in relation to 
 prison labor." 
 
 Senate Bill, Int. No. 1205, Printed No. 1423, entitled 
 
 "An act to amend the county law, in relation to 
 compensation of certain officers." 
 
 Senate Bill, Int. No. 1225, Printed No. 1449, entitled 
 
 "An act to amend the legislative law, in relation to 
 compensation for appearajices in legislative matters." 
 
 Senate Bill, Int. No. 1243, Printed No. 1487, entitled 
 
 "An act to amend the inferior courts act of the 
 city of New York, in relation to examination of chil- 
 dren to determine their mental and physical con- 
 dition." 
 
Veto Memoranda 213 
 
 Senate Bill, Int. No. 1244, Printed No. 1488, entitled 
 
 "An act to amend the code of civil procedure, in 
 relation to the liability of the state and jurisdiction 
 of the board of claims in respect to certain claims." 
 (Signed) JOHN A. DIX 
 
 Special City Bills not Accepted by the Cities in Question 
 Omnibus City Bills 
 
 State of New York — Executive Chamber 
 
 Albany, April 20, 1912 
 
 The following bills have not been approved for the 
 reason that they are special city bills and were not ac- 
 cepted by the cities in question in accordance with the 
 Constitution. These bills are as follows: 
 
 Assembly Bill, Int. No. 126, Printed No. 126, entitled 
 
 "An act authorizing the board of estimate and 
 apportionment of the city of New York to audit and 
 allow and also authorizing the comptroller of the 
 city of New York to pay to John R. Voorhis com- 
 pensation for services actually rendered to the city 
 of New York, in the office of the president of the 
 borough of Manhattan in the years nineteen hundred 
 and eight, nineteen hundred and nine and nineteen 
 hundred and ten." 
 
 Assembly Bill, Int. No, 353, Printed No. 1020, entitled 
 
 "An act to amend chapter three hundred and 
 thirty-six of the laws of nineteai hundred and three, 
 entitled 'An act to pro-vide for the erection of a 
 
214 Public Papers of Governor Dix 
 
 court house in the county of New York, and author- 
 izing the acquisition of a site therefor,' in relation to 
 the payment of the expenses of acquisition, con- 
 struction and maintenance." 
 
 Assembly Bill, Int. No. 850, Printed No. 924, entitled 
 
 "An act to amend the Greater New York charter, 
 
 in relation to the powers and jurisdiction of the 
 
 police commissioner in respect to obstructions to 
 
 navigation." 
 
 Assembly Bill, Int. No. 852, Printed No. 1688, entitled 
 "An act to amend the Greater New York charter 
 in relation to the inspection of steam boilers." 
 
 Assembly Bill, Int. No. 907, Printed No. 995, entitled 
 "An act to amend the Greater New York chartejr 
 in relation to pensions of members of the fire 
 department." 
 
 Assembly Bill, Int. No. 922, Printed No. loio, entitled 
 "An act to grant to the city of Geneva all the in- 
 terest of the people of the state of New York in 
 certain lands now or formerly under the waters of . 
 Seneca lake, but which have been partially filled in." 
 
 Assembly Bill, Int. No. 940, Printed No. 1932, entitled 
 "An act to amend the Greater New York charter, 
 in relation to the board of examiners of the bureau 
 of buildings." 
 
 Assembly Bill, Int. No. 1085, Printed No. 1228, 
 entitled 
 
 "An act to amend chapter three hundred ninety- 
 four of the laws of eighteen hundred and ninety-five, 
 
Veto Memoranda 215 
 
 entitled 'An act to revise the charter of the city of 
 Oswego,' in relation to the construction of sewers 
 and sewage disposal plants and other necessary con- 
 struction incidental thereto and to the issue of bonds 
 therefor." 
 
 Assembly Bill, Int. No. 1264, Printed No. 1694, 
 entitled 
 
 "An act to amend chapter five hundred and 
 seventy-two of the laws of nineteen hundred and 
 eleven, entitled 'An act in relation to the office of the 
 district attorney of the county of Queens,' in rela- 
 tion to the subordinates of such office and to provide 
 funds for their compensation." 
 
 Assembly Bill, Int. No. 1383, Printed No. 1626, 
 entitled 
 
 "An act to amend the Greater New York charter, 
 in relation to the retirement from active service of 
 officers, clerks and employees." 
 
 Assembly Bill, Int. No. 1465, Printed No. 1761, 
 entitled 
 
 "An act to provide for the construction and use 
 of a building in Kings county for storing certain 
 duplicate and other records." 
 
 Assembly Bill, Int. No. 1481, Senate Reprint No. 1469, 
 entitled 
 
 "An act to amend the charter of the city of 
 Gloversviile, generally." 
 Assembly Bill, Int. No. 1491. Printed No., 1807, 
 entitled 
 
2i6 Public Papers of Governor Dix 
 
 "An act in relation to authorizing the city of New- 
 burgh to complete the extension of South Water 
 street and to close certain streets and to sell and 
 convey lands occupied by such streets." 
 
 Assembly Bill, Int. No. 1525, Printed No. 1869, 
 entitled 
 
 "An act to authorize the police commissioner of 
 the city of New York to increase the pension of 
 Henry C. Fink to an amount not exceeding the 
 salary paid to him at the date of his retirement." 
 
 Senate Bill, Int. No. 148, Printed No. 151, entitled 
 
 "An act authorizing and directing the comptroller 
 of the city of New York to apportion and refund 
 certain taxes paid upon the real estate in the said 
 city belonging to the First Hungarian Congregation 
 Ohab Zedek." 
 
 Senate Bill, Int. No. 260, Printed No. 270, entitled 
 
 "An act in relation to the construction and equip- 
 ment of a central fire station in and for the city of 
 Ogdensburg, New York, and the issuance, sale and 
 redemption of city bonds therefor." 
 
 Senate Bill, Int. No. 273, Printed No. 969, entitled 
 
 "An act to amend chapter five hundred and eighty 
 of the laws of nineteen hundred and two, entitled 
 'An act in relation to the municipal court of the city 
 of New York, its officers and marshals,' in relation 
 to a chief clerk of such court." 
 
Veto Memoranda 217 
 
 Senate Bill, Int. No. 604, Printed No. 1017, entitled 
 "An act to amend the Greater New York charter, 
 with respect to assessments for local improvements 
 confirmed prior to the first day of September, nine- 
 teen hundred and twelve, and after the first day of' 
 January, nineteen hundred and eight." 
 
 Senate Bill, Int. No. 669, Printed No. 713, entitled 
 "An act to amend chapter three hundred and sixty 
 of the laws of eighteen hundred and ninety-seven, 
 entitled 'An act to incorporate the city of Geneva,' 
 in relation to taxation in such city." 
 
 Senate Bill, Int. No. 729, Printed No. 781, entitled 
 "An act to amend chapter two hundred and three 
 of the laws of nineteen hundred and seven, entitled 
 'An act to revise and amend the charter of the city 
 of Newburgh, being chapter five hundred and forty- 
 one of the laws of eighteen hundred and sixty-five, 
 and the several acts amendatory thereof and supple- 
 mental thereto,' in relation to the power of the city 
 council to sell and convey real property belonging to 
 the city." 
 
 Senate Bill, Int. No. 819, Printed No. 890, entitled 
 "An act to amend the Greater New York charter, 
 in relation to a pension fund for the department of 
 correction." 
 
 Senate Bill, Int. No. 996, Printed No. 11 16, entitled 
 "An act to amend section eight of chapter four 
 hundred and twelve of the laws of nineteen hundred 
 and seven, entitled 'An act providing for the court of 
 general session of the city and county of New York, 
 its judges and officers.' " 
 
2i8 Public Papers of Governor Dix 
 
 Senate Bill, Int. No. 1088, Printed No. 1233, entitled 
 
 "An act to amend the Greater New York charter, 
 in relation to pensions to disabled members of the 
 poHce force." 
 
 Senate Bill, Int. No. 1126, Printed No. 1298, entitled 
 
 "An act in relation to authorizing the city of New- 
 burgh to appropriate and expend moneys for certain 
 purposes and to raise the same by tax." 
 
 (Signed) JOHN A. DIX 
 
V 
 MEMORANDA ON APPROVED BILLS 
 
 [219] 
 
V 
 MEMORANDA ON APPROVED BILLS 
 
 ANALYSIS OF APPROVED APPROPRIATIONS 
 
 ApPROPRIATIONSj 1 91 2 OVER I9II 
 
 Capitol re- 1912 1911 increase 
 
 construc- 
 tion and 
 power 
 plant . .$1,205,000 00 $950,000 00 $255,000 00 
 
 Education 
 Building 
 and 
 equip- 
 ment . . 1,488,000 00 800,000 00 688,000 00 
 
 Highway 
 
 repairs .. 2,614,000 00 1,207,000 00 1,407,000 00 
 
 Highways 
 — State 
 a i d t o 
 Towns .. 1,833,000 00 1,795,000 00 38,000 00 
 
 Charitable 
 institutions, 
 prisons 
 and hos- 
 pitals — for 
 new con- 
 struction 
 , and plant 
 better, 
 ments . . 4,294,000 00 1,950,000 00 2,344,000 00 
 
 Disc ased 
 animals. — 
 for com- 
 pensation 
 
 to owners 200,000 00 70,000 00 130,000 00 
 
 [221] 
 
222 Public Papers of Governor Dix 
 
 Publishing ' ■ " ^ ^ s- ■■• 
 
 S e ssion 
 
 Laws and 
 
 c oncur- 
 
 rent reso- 
 lutions . . $327,000 00 $80,000 00 $247,000 00 
 Factory 
 
 investiga- 
 tion .... 60,000 00 10,000 00 50,000 00 
 Legislature, 
 
 expenses, 177,500 00 81,000 00 96,000 00 
 
 Panama- 
 
 P a c i fie 
 
 Expos i- 
 
 tion .... 250,000 00 250,000 00 
 
 Court of 
 
 A p peals 
 
 building.. 100,000 00 loo^ooo 00 
 
 C o m m i s - 
 
 sioners of 
 
 the Land 
 
 Office to 
 
 settle 
 
 Philip 
 
 Philip se 
 
 claims in 
 
 Putnam 
 
 and 
 
 Dutchess 
 
 counties. . 225,000 00 225,000 00 
 
 $5,830,000 00 
 
Memoranda on Approved Bills 223 
 
 Net increase in appropriations for care and 
 maintenance of asylums, hospitals, chari- 
 table institutions and prisons, and for 
 educational, judiciary and agriculttiral ex- 
 penditures $960,000 00 
 
 Automatic increase in sinking fund require- 
 ments — based on total outstanding State 
 bonds for public works 2,519,000 00 
 
 $9,309,000 00 
 
 Resume of Appropriations 
 
 By the Legislature of 19 12, which have been approved by 
 the Governor 
 
 Appropriation bill $28,113,000*00 
 
 Supply bill 3,565,000 00 
 
 Charitable, prisons, insane 4,294,000 00 
 
 Special appropriation bills 9,754,000 00 
 
 Total appropriations, 1912 $45,726,000 00 
 
 Total appropriations, 1911.. .; 38,934,000 00 
 
 Increase 1912 over 191 1 $6,792,000 00 
 
 Sinking fund requirements, 
 
 1912 $6,657,000 00 
 
 Sinking fund requirements, 
 
 1911 4,140,000 00 
 
 2,517,000 00 
 
 Total increase $9,309,000 00 
 
224 Public Papers of Governor Dix 
 
 Providing for the Compilation of Indexes and Records of 
 the Albany County Clerk's Office 
 
 State of New York — Executive Chamber 
 
 Albany, April 12, 191 2 
 
 Memorandum filed with Assembly Bill, Int. No. 371, 
 Printed No. 381, entitled 
 
 "An act to amend chapter four hundred and 
 twenty-nine of the laws of eighteen hundred and 
 ninety-three, entitled 'An act to provide for the com- 
 pilation and continuance and care of certain indexes 
 and records of the Albany county clerk's office,' 
 relative to the manner of performance and time of 
 completion of said work." 
 
 Approved 
 
 This bill providing an extension of time to the first 
 day of May, 1915, for the completion of certain indices 
 and records in the Albany County Clerk's office in the 
 prosecution of which there have been five extensions of 
 time, covering a period of nineteen years and involving 
 an expenditure of approximately $239,000, is approved; 
 not because the work has been dragged along for so long 
 a period at an unwarranted expense but because its 
 cessation and incidental loss, expense and delay will be 
 more detrimental to the public interest than its 
 continuance. 
 
 I cannot but feel that there has been a gross disregard 
 for the public interest in the prosecution of this work and 
 I hope that further delay will not make its completion 
 impossible. 
 
 (Signed) JOHN A. DIX 
 
Memoranda on Approved Bills 225 
 
 Providing for Issuing Bonds not to Exceed $50,000,000 for 
 Constructing and Improving State and County 
 Highways 
 
 State of New York — Executive Chamber 
 
 Albany, April 12, 191 2 
 
 Memorandum filed with Senate Bill, Printed No. 11 18, 
 entitled 
 
 " An act making provision for issuing bonds to the 
 amount of not to exceed fifty million dollars for the 
 purpose of constructing and improving state and 
 county highways, and providing for a submission of 
 the same to the people to be voted upon at the gen- 
 eral election to be held in the year nineteen hundred 
 and twelve." 
 
 Approved 
 
 The policy inaugurated in 1907 for the improvement 
 and construction of highways has developed into a deter- 
 mination on the part of the people to obtain the best 
 possible system of State-wide highway intercommunica- 
 tion, in order that the minimum transportation expense 
 will be added to the product of the soil and of the factory 
 and that the shortest space of time will be required in 
 reaching the consumer who pays the ultimate cost of 
 delivery. 
 
 The measure placing before the people this year the 
 opportunity to authorize a bond issue of $50,000,000 to 
 complete the system of improved highways is opposed by 
 a measure providing for a referendum to approve a bond 
 issue for the construction of branches to the barge canal 
 known as the Glens Falls feeder, the Black River and 
 15 
 
226 Public Papers of Governor Dix 
 
 Chemung canals. As the barge canal has had the ap- 
 proval of the voters who have already authorized an ex- 
 penditure of $129,600,000, and as the canal system can 
 not be completed for at least three years, I am constrained 
 to make a choice of the two referendum bills, and allow 
 the highway improvement to be submitted this year. 
 
 (Signed) JOHN A. DIX 
 
 Amending the Education Law, in Relation to the Estab= 
 lishment of the New York State School of Agri= 
 culture on Long Island 
 
 State of New York — Executive Chamber 
 
 Albany, ^/'nY 15, 1912 
 
 Memorandum filed with Senate Bill, Printed No. 1460, 
 entitled 
 
 " An act to amend the education law, in relation 
 to the establishment of the New York State School 
 of Agriculture on Long Island, providing for its con- 
 trol, management and operations, and making an ap- 
 propriation therefor." 
 
 Approved 
 
 The Legislature having created an Agricultural Ad- 
 visory Board to carefully consider and report on pro- 
 jected plans to determine the general educational features 
 and policies to govern State agricultural schools, it is de- 
 sirable that as far as possible all enactments shall conform 
 to the standards required by this Board. In no other way 
 can there be established a uniform policy of agricultural 
 education that will link together the State agricultural in- 
 stitutions of learning and ensure effective and desirable 
 results. 
 
Memoranda on Approved Bills 227 
 
 It seems to me wise and necessary that in addition to 
 State Agricultural Schools, plans should be formulated 
 and put into eflfect for the training of qualified agricultural 
 teachers in one or more of the State Normal Schools, and 
 that an effort should also be made toward the introduc- 
 tion in the public high schools of at least the elementary- 
 study of agriculture and of other subjects of special value 
 in the rural sections of the State. 
 
 I am strongly of opinion that at least two additional 
 State Agricultural Schools should be established as soon 
 as possible — one in the western part of the State and one 
 in the southeastern section of the State. Thereafter, 
 special Schools of Agriculture should be authorized by the 
 State only after the people of a locality have determined 
 that they desire such a school and are willing to pay a 
 substantial part of its cost. 
 
 In view of the present condition of the State's finances, 
 I have concluded to approve only the bill establishing a 
 State School ,of Agriculture on Long Island. I have been 
 led to this determination largely by the reason that the 
 vegetable-growing interests of the State should be en- 
 couraged and given such aid as is possible only through 
 the instruction of a school especially equipped for that 
 purpose. The importance of the fruit-growing interests 
 in the western part of the State will, I trust and believe, 
 receive prompt attention from the next session of the 
 Legislature ; and I hope and expect that within a very 
 short time the State will establish in western New York 
 a well-equipped school designed to give practical instruc- 
 tion in the care of trees and vines, with a view of pro- 
 ducing within the State of New York the very highest 
 quality of fruit of every sort. 
 
 (Signed) JOHN A. DIX 
 
228 Public Papers of Governor Dix 
 
 Making an Appropriation for the Improvement of the 
 
 Canals 
 
 State of New York — Executive Chamber 
 
 Albany, April 15, 1912 
 
 Memorandum filed with Assembly Bill, Int. No. 1456, 
 Printed No. 1734, entitled 
 
 "An act making an appropriation for the improve- 
 ment of the canals." 
 
 Approved 
 
 This act appropriates the sum of $6,000,000 to be ex- 
 pended in the improvement of the Cayuga and Seneca 
 Canals. In the referendum act for the improvement of 
 the said canals (Chapter 391, Laws of 1909), an issue of 
 $7,000,000 of bonds was authorized. One million dollars 
 from the proceeds of said bonds was appropriated in 
 1909, and an additional $2,000,000 was appropritaed in 
 iqji — thus leaving $4,000,000 of bonds still to be sold. 
 It thus appears that the present act apparently contem- 
 plates an appropriation of $2,000,000 in excess of the 
 round amount which will be available on sale of the un- 
 sold bonds authorized as above. But inasmuch as the 
 act expressly provides that " said sum hereby appro- 
 priated being payable from the proceeds of .the sale of 
 bonds, as provided in said act and for the purposes speci- 
 fied therein," it is manifest that the approval of the act 
 will carry as an appropriation no more than the aggregate 
 net proceeds of sale of the remaining $4,000,000 of bonds 
 authorized. 
 
 (Signed) JOHN A. DIX 
 
Memoranda on Approved Bills 229 
 
 Amending the Labor Law in Relation to Hours of Labor 
 of Minors and Women 
 
 State of New York — Executive Chamber 
 
 Albany, April 19, 1912 
 
 Memorandum filed with Assembly Bill, Printed No. 
 1800, entitled 
 
 "An act to amend the labor law, in relation to 
 hours of labor of minors and women." 
 
 Approved 
 
 The intent of this bill was to carry out the suggestion 
 made in my message to the Legislature in January, 1912, 
 wherein I stated: 
 
 " Modern industry, with its endless speciaHzation 
 and the speeding up which naturally follows, oper- 
 ates to the detriment of the female worker. The 
 only relief possible lies either in prohibiting female 
 labor under such circumstances, or in the reduction 
 of the hours of labor for women generally. The 
 latter seems to me the wiser course." 
 
 It is beyond cavil or conjecture that ten hours of work 
 under abnormal conditions is injurious to the health of 
 women and children. It is also true that there is a con- 
 stantly growing public opinion in favor of the reduction 
 of hours of manual labor with a view of conserving the 
 health of the operatives and of increasing the efficiency 
 of the worker. 
 
 Many trade associations, whose membership is large, 
 have taken an active part in urging remedial legislation 
 which will lighten the physical burdens of women toilers. 
 
230 Public Papers of Governor JJ)ix 
 
 It seems eminently desirable that New York State, with 
 its vast industries, employing four hundred thousand 
 female operatives, should at least co-operate with other 
 States that have enacted laws reducing the hours of labor 
 per week from a total of sixty hours to fifty-eight, fifty-six 
 and fifty-four hours per week. It is true that various so- 
 called seasonal industries are required, from the nature of 
 their product, to accomplish an extraordinary amount of 
 work during certain parts of the year. This is notably so 
 in the canning, candy and textile industries. In this 
 respect the bill contains defects which should be remedied. 
 If it is wise to exempt one industry from its limitations, 
 it is only fair to similar industries operated under special 
 conditions with seasonal periods of extreme pressure, 
 that some latitude should be accorded. 
 
 In recent years there has been great improvement in 
 the surroundings of factory operatives. These improve- 
 ments make for better health and better conditions of light 
 and air. Factories are now well ventilated in the warm 
 season and adequately heated in cold weather, so that the 
 factory room is often even as comfortable .as the homes 
 of operatives. 
 
 The desire on the part of employees to work a greater 
 number of hours per day for the purpose of obtaining a 
 greater income should under proper restrictions receive 
 careful consideration. While this measure will un- 
 doubtedly require readustment to new conditions, I be- 
 lieve it is a step in the right direction, and therefore ap- 
 prove the bill, with the hope that a future session of the 
 Legislature will make the improvements suggested 
 herein. 
 
 (Signed) JOHN A. DIX 
 
Memoranda on Approved Bills 231 
 
 An Act Making the Office of the County Clerk of Queens 
 County a Salaried Office and Regulating the Manage- 
 ment of Such Office 
 
 State of New York — Executive Chamber 
 
 Albany, April 19, 1912 
 
 Memorandum filed with Senate Bill, Introductory No. 
 717, Printed No. 1034, entitled 
 
 "An act to make the oilfice of the county clerk of 
 the county of Queens a salaried office and regulating 
 the management of such office." 
 
 Approved 
 
 In signing this bill I desire to call attention to the fact 
 that the present expenditures for salaries in connection 
 with this office are $89,000, whereas the proposed salary 
 schedules herein authorized increase the expenditures to 
 $106,000. 
 
 Inasmuch, however, as the receipts from fees at the 
 present time are entirely in the hands of the County 
 Clerk and I am creditably informed amount to nearly 
 $240,000 annually, it will be seen that the increase of 
 $17,000 in salary expense to the county will actually 
 bring in a net revenue of approximately $134,000. This, 
 to my mind, is an application of the principle of home 
 rule which is thoroughly justified in every particular. 
 
 (Signed) JOHN A. DIX 
 
232 Public Papers of Governor Dix 
 
 Relating to the Erection of the County of the Bronx 
 
 State of New York — Executive Chamber 
 
 Albany, April 19, 191 2 
 
 Memorandum filed with Senate Bill, Int. No. 31, 
 Printed No. 900, entitled 
 
 "An act to erect the county of Bronx from the 
 territory now comprised within the limits of the 
 borough of Bronx, in the city of New York, as con- 
 stituted by chapter three hundred and seventy-eight 
 of the laws of eighteen hundred and ninety-seven 
 and all acts amendatory thereof and supplemental 
 thereto." 
 
 Approved 
 
 While I do not feel absolutely assured that no constitu- 
 tional question is involved in the method established by 
 this act for determining whether or not it shall actually 
 become effective, I consider that the people interested 
 should enjoy the benefit of the doubt. \Miether or not 
 the form of the proposed county establishment is objec- 
 tionable may, I think, be properly and safely decided by 
 the people themselves. While I believe that certain pro- 
 visions of the bill are of questionable wisdom, in view of 
 the referendum safeguard I find nothing which would 
 apparently justify me in withholding my approval. 
 
 (Signed) JOHN A. DIX 
 
VI 
 EMERGENCY MESSAGES 
 
 1233'] 
 
VI 
 
 EMERGENCY MESSAGES 
 
 Messages certifying to the necessity of the immediate 
 passage of specified Senate and Assembly bills, in com- 
 pliance with Section 15 of Article 3 of the Constitution, 
 were sent to the Legislature of 1912 from time to time 
 by Governor Dix. The measures to which the message 
 applied were as follows : 
 
 February 21. Senate Bill, Introductory No. 570, 
 Printed No. 603, entitled " An act to amend the Tene- 
 ment House Law, Relative to Definitions." 
 
 March 27. Senate Bill, Introductory No. 11 18, Printed 
 No. 1277, entitled " An act to amend chapter four of the 
 laws of eighteen hundred and ninety-one, entitled ' An act 
 to provide for rapid transit railways in cities of over one 
 million inhabitants,' generally." 
 
 March 27. Senate Bill, Introductory No. 1242, Printed 
 No. i486, entitled " An act to amend the tax law, in re- 
 lation to credit to be given on account of purchase of 
 state bonds." 
 
 March 27. Senate Bill, Introductory No. 1254, Printed 
 No. 1513, entitled " An act to provide for the representa- 
 tion of the state of New York, at the Panama-Pacific In- 
 ternational Exposition at San Francisco, California, cele- 
 brating the opening and commercial use of the Panama 
 Canal, and making an appropriation therefor." 
 
 March 27. Senate Bill, Introductory No. 1250, Printed 
 No. 1506, entitled "An act to provide ways and means 
 for the support of government." 
 
 [235] 
 
236 Public Papers of Governor Dix 
 
 March 27. Assembly Bill, Introductory No. 189, 
 Printed No. 190, entitled " An act making an appropria- 
 tion for the re-establishment of the state library and for 
 the purchase of furniture and office fixtures for the state 
 educational building." 
 
 March 27. Senate Bill, Introductory No. 597, Printed 
 No. 1437, entitled " An act to amend the insurance law, 
 in relation to state fire marshal." 
 
 March 27. Senate Bill, Introductory No. 21, Printed 
 No. 1493, entitled " An act to amend the banking law, in 
 relation to deposit of banks and individtial bankers with 
 the superintendent of banks." 
 
 March 27. Senate Bill, Introductory No. 810, Printed 
 No. 1374, entitled " An act to amend the insanity law, 
 generally." 
 
 March 28. Senate Bill, Introductory No. 1236, Printed 
 No. 1478, entitled " An act to legalize the several acts, 
 transactions and proceedings of the Board of Trustees of 
 the Village of Saint Johnsville, Montgomery county. State 
 of New York, relating to the submission of a proposition 
 to establish a municipal board consisting of five members 
 with all the duties, powers and responsibilities of separate 
 boards of water, light and sewer commissions, at an an- 
 nual election held March nineteenth, nineteen hundred 
 and twelve." 
 
 March 28. Senate Bill, Introductory No. 694, Printed 
 No. 738, entitled " An act to amend the highway law, in 
 relation to creating a new state route in the counties of 
 Schoharie and Delaware." 
 
Emergency Messages 2,57 
 
 March 28. Assembly Bill, Introductory No. 1260, 
 Printed No. 1450, entitled " An act to amend the general 
 business law, in relation to weights, measures and con- 
 tainers, and to repeal section two hundred and sixty-three 
 of the agricultural law." 
 
 March 29. Senate Bill, Introductory No. 1233, Printed 
 No. 1476, entitled " An act in relation to the abandon- 
 ment of the plans for the construction of the Harlem 
 Prison at Wingdale, the cancellation of all contracts for 
 the construction of such prison, making an appropriation 
 for the payment of any claims arising therefrom, and for 
 other purposes, and repealing certain acts relating to such 
 prison." 
 
 March 29. Assembly Bill, Introductory No. 1106, 
 Printed No. 1699, entitled " An act making appropria- 
 tions for constructions, improvements, repairs and equip- 
 ment at various state institutions." 
 
 March 29. Assembly Bill, Introductory No. 506, 
 Printed No. 1793, entitled "An act making appropria- 
 tions for certain expenses of government and various mis- 
 cellaneous appropriations and supplying deficiencies in 
 former appropriations." 
 
 March 29. Assembly Bill, Introductory No. 213, 
 Printed No. 934, entitled " An act making appropriations 
 for the support of government." 
 
 March 29. Assembly Bill, Introductory No. 142, 
 Printed No. 1313, entitled "An act to amend the Real 
 Property Law, in relation to the lease of real property 
 held in trust." 
 
238 Public Papers of Governor Dix 
 
 March 29. Senate Bill, Introductory No. 906, Printed 
 •^o- 993> entitled " An act to amend the liquor tax law, in 
 relation to penalties." 
 
 March 29. Assembly Bill, Introductory No. 1459, 
 Printed No. 1737, entitled " An act to amend chapter 
 eight hundred and ninety-eight of the laws of nineteen 
 hundred and eleven, entitled ' An act providing for the 
 sale of the state arsenal lands and building in the City 
 of New York and the application of the proceeds of such 
 sale to a new state arsenal lands and buildings, new build- 
 ings, repairs to state armories and for other purposes rela- 
 tive to the same,' in relation to application of proceeds 
 of sale of such arsenal lands and building and acquisition 
 of lands." 
 
 March 29. Senate Bill, Introductory No. 1167, Printed 
 No. 1346, entitled "An act to amend the election law, in 
 relation to boards of elections, salaries of commissioners 
 and number and compensation of subordinates." 
 
VII 
 APPOINTMENTS 
 
 [239] 
 
VII 
 APPOINTMENTS 
 
 APPOINTMENTS — GOVERNOR DIRECT 
 
 Appointive Members of the State Probation Com- 
 mission 
 
 Jan. 5. Homer Folks, of Yonkers, to succeed 
 himself failed to qualify. Term to ex- 
 pire July I, 191 5. 
 
 Dec. 27. Edward C. Blum, of the Borough of 
 Brooklyn, reappointed. Term to ex- 
 pire July I, 1 91 6. 
 
 The Miscellaneous Reporter 
 
 Mar. 18. Joseph A. Lawson, of Albany, to succeed 
 Charles C. Lester, term expired. Term 
 to expire July i, 1916. 
 
 Trustees of the Schuyler Mansion 
 
 Mar. 22. Mrs. Louise Van Rensselaer, of Albany, 
 reappointed. Term to expire April i, 
 1917. 
 
 Mar. 22. Edgar C. Leonard, of Albany, reappointed 
 for a term to expire April i, 1917. 
 
 Embalming Examiners 
 
 April 18. James J. McLarney, of New York city, to 
 
 succeed Cornelius F. Burns, resigned. 
 
 Term to expire Dec. 5, 1913. 
 April 18. Henry Sauerwein, of Buffalo, to succeed 
 
 Lemuel A. Jeffreys, term expired. 
 
 Term to expire Dec. 5, 1914. 
 
 16 [241 J 
 
242 Public Papers of Governor Dix 
 
 Dec. 5. Michael Donahue, of Newburgh, to suc- 
 ceed Frederick Hulberg, term expired. 
 Term to expire April 5, 1915. 
 
 Harbor Master for the Vicinity of Yonkers and 
 
 Peekskill 
 April 18. Townsend V. Roe, D. D. S., of Tarry- 
 town, appointed pursuant to Chapter 
 620, Laws of 1911. No stated term. 
 
 Members of the Saratoga Battle Monument Dedica- 
 tion Commission 
 (Pursuant to Chapter 489, Laws of 1912) 
 April 18. George Foster Peabody. of Lake George. 
 July 10. William H. Manning, of Saratoga Springs 
 to succeed George Foster Peabody, de- 
 clined. No stated term. 
 
 Members of the Panama-Pacific Exposition Com- 
 mission 
 
 (Pursuant to Chapter 541, Laws of 1912). No stated terms. 
 April 19. Norman E. Mack, of Buflfalo. 
 
 Arthur A. McLean, of Newburgh. 
 Joseph B. Mayer, of New York city. 
 James A. Foley, of New York city. 
 John D. Cofifin, of Thomson. 
 
 Dec. 30. Winfield A. Huppuch, of Hudson Falls, 
 to succeed John D. Cofifin, resigned. 
 
 The above members to act with five appointed by the 
 Lieutenant-Governor and five by the Speaker of the 
 Assembly. 
 
Appointments 243 
 
 Members of the Board of Examiners of Feeble- 
 minded, Criminals and Other Defectives 
 (Pursuant to Chapter 445, Laws of 1912) 
 Aug. 26. Charles H. Andrews, M. D., of Buflfalo. 
 
 Term to expire August 26, 1917. 
 Aug. 26. Lemon Thomson, M. D., of Glens Falls. 
 
 Term to expire August 26, 1917. 
 Aug. 26. Charles C. Duryee, M. D., of Schenectady. 
 Term to expire August 26, 191 7. 
 
 Trustees of the New York State School of Agricul- 
 ture ON Long Island 
 (Pursuant to Chapter 319, Laws of 1912) 
 April 18. WiUiam Allaire Shortt, of Tompkinsville. 
 
 Term to expire April 18, 1913. 
 April 18. Ezra A. Tuttle, of Eastport. Term to ex- 
 pire April 18, 1913. 
 April 18. Franklin W. Hooper, of the Borough of 
 Brooklyn. Term to expire April 18, 
 
 1913- 
 April 18. Henry A. Reeves, of Greenport. Term to 
 
 expire April 18, 1914. 
 April 18. Frederic B. Pratt, of Glen Cove. Term to 
 
 expire April 18, 1914. 
 April 18. Frederick H. Cox, of Jamaica. Term to 
 
 expire April 18, 1914. 
 April 18. James Byrne, of Oyster Bay. Term to 
 
 expire April 18, 191 5. 
 April 18. Berthold Flesch, M. D., of New York 
 
 city. Term to expire April 18, 1915. 
 April 18. John F. Murray, of New York city. Term 
 
 to expire April 18, 191 5. 
 
244 Public Papers of Governor Dix 
 
 June 4. James Malcolm, of Jericho, to succeed 
 Frederic B. Pratt, declined. Term to 
 expire April 18, 1914. 
 
 June 4. John H. Carl, of Baldwins, to succed 
 James Byrne, declined. Term to ex- 
 pire April 18, 191 5. 
 
 Nov. 27. Benjamin F. Yoakum, of Farmingdale, to 
 succeed James Malcolm, deceased. 
 Term to expire April 18, 1914. 
 
 Note — James Malcolm and John H. Carl were ap- 
 pointed by Lieutenant-Governor Conway, acting as 
 Governor. 
 
 Trustees New York Agricultural Experiment Sta- 
 tion 
 
 July 23. Eugene M. Andrews, of Union, to succeed 
 Lyman P Haviland, term expired. 
 Term to expire October 11, 1914. 
 
 July 23. Henry C. Harpending, of Dundee, to suc- 
 ceed Irving Rouse, term expired. Term 
 to expire April 2, 1915. 
 
 July 23. Burt E. Smalley, of Interlaken, to suc- 
 ceed Edgar G. Dusenbury, term ex- 
 pired. Term to expire April 2, 191 5. 
 
 July 23. G. Hyde Clarke, of Cooperstown, to suc- 
 ceed Elihu S. Miller, term expired. 
 Term to expire April 2, 191 5. 
 
 July 23. Willard Rice, of Geneva, to succeed Lewis 
 L. Morrell whose term of ofifice expires 
 December 3, 1912. Term to expire 
 December 3, 1915. 
 
Appointments 245 
 
 Trustees Schoharie State School of Agriculture 
 Aug. I. Daniel D. Frisbie, of Middleburg, reap- 
 pointed for a term to expire August 18. 
 1917. 
 
 Trustee of the American Museum of Safety 
 
 (Pursuant to provisions of Chapter 152, Laws of 191 i^i 
 
 (The appointee to act with others named in the law.) 
 Sept. 10. John Williams, of Utica, no stated term. 
 
 Bronx Parkway Commissioner 
 
 Nov. 27. Madison Grant, of New York city, reap- 
 pointed for a term to expire July 25, 
 1917. 
 
 Members of the Barge Canal Operation Commission 
 
 (Pursuant to the provisions of Chapter 9, Laws of 1912) 
 Feb. 28. Charles E. Treman, of Ithaca. 
 Feb. 28. John N. Partridge, of the Borough of 
 
 Brooklyn. 
 Feb. 28. Winslow M. Mead, of Albany. 
 
 Note — No stated terms. 
 
 To act with the State Engineer and Surveyor and the 
 Superintendent of Public Works holding ofhce at time 
 act takes effect. 
 
 APPOINTMENTS — GOVERNOR DIRECT 
 COUNTY OFFICIALS 
 
 Sheriff — Onondaga County 
 
 Feb. 9. John H. Cahill, of Syracuse, to succeed 
 Frederick Wyker, who was removed 
 from said office by the Governor. 
 
246 Public Papers of Governor Dix 
 
 Coroner — Sullivan County 
 
 Mar. 26. Adolph H. Schonger, M. D., of North 
 Branch, to succeed William H. Archi- 
 bald, deceased. 
 
 Coroner — Essex County 
 
 April 18. John H. Breen, M. D.,' of Minerva, to 
 succeed Velona A. Marshall, deceased. 
 
 Purchasing Agent — Monroe County 
 
 May 18. John F. Hunt, of Rochester, to succeed 
 Richard Gardner, deceased (appointed 
 by Lieutenant-Governor Conway, act- 
 ing as Governor). 
 
 Coroner — Warren County 
 
 June 6. John Grififin, M. D., of Warrensburg, to 
 succeed Charles A. Prescott, removed 
 from county. (Appointment by Lieu- 
 tenant-Governor Conway, acting as 
 Governor.) 
 
 Coroner — Borough of the Bronx 
 
 July 10. Jerome F. Healy, M. D., of New York 
 city, to succeed Albert F. Schwannecke, 
 deceased. 
 
 Coroner — Delaware County 
 
 July 24. George L. Hubbell, M. D., of Hobart, to 
 succeed Ransom S. Moscrip, removed 
 from county. 
 
 County Treasurer — Chemung County 
 
 Dec. 12. Henry L. Dister, of Elmira, to succeed 
 John H. Dister, deceased. 
 
Appointments 247 
 
 APPOINTMENTS — GOVERNOR DIRECT 
 
 MISCELLANEOUS 
 
 Commissioners to Examine James Williams, Confined 
 
 IN Auburn Prison Under Sentence of Death 
 
 July 31. James V. May, M. D., Medical member 
 of the State Hospital Commission ; Wil- 
 liam Mabon, M. D., Medical Superin- 
 tendent of the Manhattan State Hos- 
 pital ; George A. Smith, M. D., Medical 
 Superintendent of the Central Islip 
 State Hospital. 
 
 Commissioner of Jurors for the Counts of the 
 
 Bronx, 
 
 (Pursuant to the provisions of Chapter 548 of the Laws 
 of 1912) 
 
 Dec. 2. John A. Mason, of New York city. 
 
 GOVERNOR AND SENATE 
 Commissioner of Agriculture 
 
 Jan. 16. Calvin J. Huson, of Penn Yan, to succeed 
 Raymond A. Pearson, resigned and 
 whose term of office had expired. Term 
 to expire January 22, 191 5. Confirmed 
 January 22. 
 State Superintendent of Highways 
 
 Jan. 16.. C. Gordon Reel, of Kingston, reap- 
 pointed. No stated term. Confirmed 
 January 22. 
 State Hospital Commissioners 
 
 Jan. 16. James V. May, M. D., of Binghamton, re- 
 appointed, no stated term. Confirmed 
 January 22. 
 
248 Public Papers of Governor Dix 
 
 Nov. 15. Fred H. Parker, of Esopus, to fill vacancy 
 caused by the resignation of Herbert P. 
 Bissell. Recess appointment requiring 
 confirmation. 
 
 Port Wardens of the Port of New York 
 
 Jan. 16. George M. Janvrin, of the Borough of 
 Brooklyn, to succeed Henry O. Apple- 
 by, term expired. Term to expire April 
 18, 1914. Confirmed January 16. 
 Mar. 28. Charles A. Bayles, of Port Jefiferson, to 
 succeed Christopher Marsden, term ex- 
 pired. Term to expire December 5, 
 191 3. Confirmed March 28. 
 Mar. 28. Thomas M. Tobin, of Yonkers, to suc- 
 ceed Charles H. Hemingway, whose 
 term expires May 13. Term to expire 
 May 13, 191 5. Confirmed March 28. 
 
 Special Port Warden for the Port of New York 
 
 Dec. 18. J. F. Elwood, of Rosebank, to succeed 
 Horace E. Buel, resigned. Recess ap- 
 pointment requiring confirmation. 
 
 Superintendent of Public Works 
 
 Jan. 16. Duncan W. Peck, of Syracuse, to succeed 
 Charles E. Treman, resigned. Term to 
 expire December 31, 191 2. Confirmed 
 January 16. 
 
 State Fair Commissioners 
 
 Jan. 2. George W. Driscoll, of Syracuse, to suc- 
 ceed De Forest Settle, resigned. Re- 
 cess appointment requiring confir- 
 mation. 
 
Appointments 249 
 
 Jan. 16. George W. DriscoU, of Syracuse, reap- 
 pointed for a term to expire June i, 
 1914. Confirmed January 22. 
 
 Mar. 29. William H. Jones, of Woodbury, to suc- 
 ceed Abraham E. Perren whose term 
 expires June i. Term to expire June 
 I, 191 7. Confirmed March 29. On 
 July 23rd Mr. Jones was designated as 
 Superintendent of Fair Grounds and 
 Buildings. 
 
 Health Officer for the Port of New York 
 
 Feb. 13. Joseph J. O'Connell, M. D., of Borough of 
 Brooklyn, to succeed Alvah H. Doty, 
 term expired. Term to expire Feb. 19, 
 191 6. Confirmed February 19. 
 
 Superintendent of Insurance 
 
 Feb. 13. William Temple Emmet, of New York 
 city, to succeed William Horace Hotch- 
 kiss whose term expires February 17, 
 1912. Term to expire July i, 1915. 
 Confirmed February 19. 
 
 Public Service Commissioner, First District 
 
 Feb. 21. Edward G. Riggs, of the Borough of 
 Brooklyn, to succeed William McCar- 
 roll, term expired. Nomination re- 
 jected by the Senate Feb. 27. 
 
 Mar. 29. George V. S. Williams, of the Borough of 
 Brooklyn, to succeed William McCar- 
 roll, whose term expired. Term to ex- 
 pire February i, 191 7. Confirmed 
 March 29. 
 
250 Public Papers of Governor Dix 
 
 Public Service Commissioners, Second District 
 
 Feb. 21. Herbert P. Bissell, of East Aurora, to suc- 
 ceed John B. Olmsted, term expired. 
 Nomination rejected by the Senate 
 March 13. 
 Nov. 15. Curtis N. Douglas, of Albany, to succeed 
 Winfield A. Huppuch, resigned. Re- 
 cess appointment requiring confirma- 
 tion. 
 
 State Tax Commissioner 
 
 Feb. 21. William H. Sullivan, of Norwich, to suc- 
 ceed Egburt E. Woodbury, term 
 expired. Term to expire Dec. 31, 1914. 
 Confirmed Feb. 28. 
 
 Commissioners of the State Board of Charities 
 From the Second Judicial District 
 
 Feb. 27. Herman A. Metz, of the Borough of 
 Brooklyn, reappointed for a term to 
 expire March 23, 1920. Confirmed 
 March 13. 
 
 From the Sixth Judicial District 
 
 Feb. 27. Daniel Waite Burdick, of Ithaca, reap- 
 pointed for a term to expire March 23, 
 1914. Confirmed March 13. 
 
 From the Fourth Judicial District 
 
 Nov. 27. Frank F. Gow, M. D., of Schuylerville, to 
 succeed Richard L. Hand, resigned. 
 Recess appointment requiring confirm- 
 ation. 
 
Appointments 251 
 
 Fiscal Supervisor of State Charities 
 
 Mar. 27. Samuel J. Tilden, of New Lebanon, to 
 succeed Dennis McCarthy, whose term 
 expires June 9. Term to expire June 
 9, 1917. Confirmed March 27. 
 
 Trustees of State School of Agriculture at Morris- 
 
 ville 
 Mar. 22. John T. Roberts, of Syracuse, reappointed 
 for a term to expire Nov. 16, 1916. 
 Confirmed March 27. 
 Mar. 22. Herbert C. Wood, of Morrisville, to suc- 
 ceed John H. Broad, whose term ex- 
 pires Nov. 16. Term to expire Nov. 
 16, 1916. Confirmed March 27. 
 Mar. 22. George Beal, of Hamilton, to succeed 
 Irving S. Sears, whose term expires 
 Nov. 16, 1916. Term to expire Nov. 
 16, 1916. Confirmed March 27. 
 Note — Herbert C. Wood and George Beal were also 
 appointed July 31, their predecessors having resigned be- 
 fore the expiration of their term. 
 
 Members of the Board of Parole 
 
 Mar. 28. Henry J. McCann, of Albany, to succeed 
 George A. Lewis, whose term expires 
 July 2. Term to expire July 2, 1917. 
 Confirmed March 28. 
 
 Mar. 28. William Townsend, of Utica, to succeed 
 Albion V. Wadhams, whose term ex- 
 pires Sept. 14. Term to expire Sept. 
 14, 1917. Confirmed March 28. 
 
252 Public Papers of Governor Dix 
 
 Trustee of New York State College of Forestry at 
 Syracuse University 
 Mar. 7. John R. Clancy, of Syracuse, reappointed 
 for a term to expire June 30, 1918. 
 Confirmed March 13. 
 
 Conservation Commissioner 
 
 Mar. 28. John D. Moore, of New York city, reap- 
 pointed for a term to expire Dec. i, 
 1918. Confirmed March 28. 
 
 Trustee of Cornell University 
 
 Mar. 29. Thomas B. Wilson, of Hall, reappointed 
 for a term to expire Commencement 
 Week, 1917. Confirmed March 29. 
 
 Commissioner of Board of Claims 
 
 Mar. 27. James C. McDonald, of Schenectady, re- 
 appointed for a term to expire Dec. i, 
 1918. Confirmed March 27. 
 
 Commissioners of the Palisades Interstate Park 
 
 Mar. 13. Nathan F. Barrett, of New Rochelle, re- 
 appointed for a term to expire Feb. 12, 
 1917. Confirmed March 27. 
 
 Mar. 13. Abram De Ronde, of Englewood, N. J., 
 reappointed for a term to expire Feb. 
 12, 1917. Confirmed March 2,7. 
 
 Commissioners of Prisons 
 
 Mar. 29. Sarah L. Davenport, of Bath, reappointed 
 for a term to expire June 21, 191 6. 
 Confirmed March 29. 
 
Appointments 253 
 
 Mar. 29. John J. Deery, of New York city, to suc- 
 ceed John McNamee, whose term ex- 
 pires June 21. Term to expire June 
 21, 1916. Confirmed March 29. 
 
 Trustee of Washington's Headquarters 
 
 Mar. 28. Frank A. Jacobson, M. D., of Newburgh, 
 to succeed Charles D. Robinson, whose 
 term expires April i. Term to expire 
 April I, 1917. Confirmed March 28. 
 
 Mar. 28. John H. Roy, of Newburgh, to succeed 
 James G. Graham, whose term expires 
 April I. Term to expire April i, 1917. 
 Confirmed March 28. 
 
 Commissioner of Watkins Glen Reservation 
 
 Mar. 22. Thomas W. McAnarney, of Watkins, re- 
 appointed for a term to expire July 21, 
 191 7. Confirmed March 27. 
 
 State Architect 
 
 April 19. Herman W. Hoefer, of New York city, to 
 succeed Franklin B. Ware, resigned, to 
 take eiifect June i. Recess appointment 
 requiring confirmation. 
 
 Hell Gate Pilot 
 
 July 24. Albert A. Fordham, of City Island. Re- 
 cess appointment requiring confirma- 
 tion. 
 
 Major General of the National Guard of the State 
 OF New York 
 Mar. 28 John F. .O'Ryan, of New York city, to suc- 
 ceed Charles Francis Roe, retired by age 
 limit. Confirmed March 28. 
 
254 Public Papers of Governor Dix 
 
 Dec. 2-j. William Verbeck, of Manlius, to succeed 
 John F. O'Ryan, retired. Recess ap- 
 pointment requiring confirmation. 
 
 STATE HOSPITALS 
 
 Managers of the Middletown State Homeopathic 
 
 Hospital 
 Feb. 27. William H. Rogers, of Middletown, re- 
 appointed for a term to expire Dec. 31, 
 1918. Confirmed March 13. 
 Feb. 27. John C. R. Taylor, of Middletown, to suc- 
 ceed James B. Carson, deceased. Term 
 to expire Dec. 31, 1913. Confirmed 
 Feb. 28. 
 
 Manager of the Binghamton State Hospital 
 
 Mar. 22. Henry A. Stephens, of Binghamton, to 
 succeed Harry N. Gardner, term ex- 
 pired. Term to expire Dec. 31, 1918. 
 Confirmed March 27. 
 
 Manager of the Buffalo State Hospital 
 
 Mar. 22. William A. Douglas, of Buffalo, to suc- 
 ceed George H. Kennedy, term ex- 
 pired. Term to expire Dec. 31, 1918. 
 Confirmed Mar. 27. 
 
 Manager of the Central Islip State Hospital 
 
 Mar. 7. Martin Metzner, of Ronkonkoma, to suc- 
 ceed James MacGregor Smith, term 
 expired. Term to expire Dec. 31, 1918. 
 Confirmed March 13. 
 
Appointments 255 
 
 Manager of the Gowanda State Homeopathic Hos- 
 pital 
 Mar. 28. Laura K. Larmouth, of Jamestown, reap- 
 pointed for a term to expire Dec. 31, 
 1918. Confirmed March 28. 
 
 Managers of the Hudson River State PIospital 
 
 Mar. 7. E. Lyman Brown, of Poughkeepsie, to 
 succeed Isaac W. Sherrill, term expired. 
 Term to expire Dec. 31, 1918. Con- 
 firmed March 13. 
 
 Mar. 22. William B. Dinsmore, of Staatsburg, to 
 succeed William F. Gurley, resigned. 
 Term to expire Dec. 31, 1912. Con- 
 firmed March 27. 
 
 Nov. 19. Horatio N. Bain, of Poughkeepsie, to 
 succeed Reginald W. Rives, resigned. 
 Recess appointment requiring confirm- 
 ation. 
 
 Managers of the Kings Park State Hospital 
 
 Mar. 7. Regina T. Sherwood, of Glen Cove, reap- 
 pointed for a term to expire Dec. 31, 
 1916. Confirrned March 13. 
 
 Mar. 28. Alexander McKinny, of the Borough of 
 Brooklyn, to succeed John T. Rafferty, 
 resigned. Term to expire Dec. 31, 
 1918. Confirmed March 28. 
 
 Managers of the Long Island State Hospital 
 
 Mar. 7. Alexander E. Orr, of the Borough of 
 Brooklyn, reappointed for a term to 
 expire Dec. 31, 1918. Confirmed 
 March 13. 
 
256 Public Papers of Governor Dix 
 
 Mar. 7. Michael F. McGoldrick, of the Borough 
 Brooklyn, to succeed Rev. William J. 
 White, deceased. Term to expire Dec. 
 31, 191 3. Confirmed March 13. 
 
 Aug-. 26. Grace Wilson Whitehall, of the Borough 
 of Brooklyn, to succeed Mary G. Bur- 
 tis, deceased. Recess appointment re- 
 quiring confirmation 
 
 Managers of the Manhattan State Hospital 
 
 Mar. 28. Edw^ard T. Moriarty, of New York city, 
 to succeed William A. Keener, term ex- 
 pired. Term to expire Dec. 31, 1918. 
 Confirmed March 28. 
 Nov. 29. Jacob Katz, of New York city, to suc- 
 ceed James B. Regan, resigned. Recess 
 appointment requiring confirmation. 
 
 Managers OF the Mohansic State Hospital 
 
 Mar. 28. Mary Flexner, of New York city, reap- 
 pointed for a term to expire Dec. 31, 
 1918. Confirmed March 28. 
 Mar. 28. Thomas Ewing, Jr., of Yonkers, to suc- 
 ceed J. Howard Wainwright, deceased. 
 Term to expire Dec. 31, 1916. Con- 
 firmed March 28. 
 April 19. Arthur Outram Sherman, of Rye, to suc- 
 ceed Thomas Ewing, Jr., declined. 
 Recess appointment requiring con- 
 firmation. 
 
 Manager of the Rochester State Hospital 
 
 Mar. 7. Jane E. Rochester, of Rochester, reap- 
 pointed for a term to expire Dec. 31, 
 1918. Confirmed March 13. 
 
Appointments 257 
 
 Manager of the St. Lawrence State Hospital 
 
 Mar. 22. Matt C. Ransom, of Malone, to succeed 
 George W. Dustin, term expired. 
 Term to expire Dec. 31, 1918. Con- 
 firmed March 27. 
 
 Manager of the Utica State Hospital 
 
 Mar. 7. Edward H. Coley, D. D., of Utica, reap- 
 pointed for a term to expire Dec. 31, 
 1918. Confirmed March 13. 
 
 Manager of the Willard State Hospital 
 
 Mar. 7. Annie Laurie Stewart, of Ithaca, reap- 
 pointed for a term to expire Dec. 31, 
 
 1918. Confirmed March 13. 
 
 CHARITABLE INSTITUTIONS 
 Managers of the New York State Training School 
 
 FOR Boys 
 
 Feb. 27. Thomas Pearsall Field, of Shrub Oak, to 
 succeed WilHam Temple Emmet, re- 
 signed. Term to expire February, 
 1913. Confirmed March 13. 
 
 Feb. 27. Eliphalet N. Potter, of Mt. Kisco, to suc- 
 ceed Peter T. Barlow, resigned. Term 
 to expire February, 191 5. Confirmed 
 March 13. 
 
 Feb. 27. William I. Walter, of New York city, re- 
 appointed for a term to expire Febru- 
 ary, 191 7. Confirmed March 13. 
 
 Feb. 2."]. Isaac Purdy, of Purdy's Station, reap- 
 pointed for a term to expire February, 
 
 1919. Confirmed March 13. 
 
 17 
 
258 Public Papers of Governor Dix 
 
 Managers of the State Industrial Farm Colony 
 
 Feb. 27. Joseph Beal, of Oneida, reappointed for 
 a term to expire February, 191 3. Con- 
 firmed March 13. 
 
 Feb. 27. Frederic Almy, of Buffalo, reappointed 
 for a term to expire February, 1914. 
 Confirmed March 13. 
 
 Feb. 2^. George F. Warren, Ph. D., of Ithaca, re- 
 appointed for a term to expire Feb- 
 ruary, 1915. Confirmed March 13. 
 
 Feb. 27. Orlando F. Lewis, of New York city, re- 
 appointed for a term to expire Feb- 
 ruary, 1 91 6. Confirmed March 13. 
 
 Feb. 2y. John G. O'KeefYe, of New York city, re- 
 appointed for a term to expire Feb- 
 ruary, 191 7. Confirmed March 13. 
 
 Feb. 27. Michael J. Drummond, of New York city, 
 reappointed for a term to expire Feb- 
 ruary, 1918. Confirmed March 13. 
 
 Feb. 27. Samuel Untermyer, of New York city, 
 reappointed for a term to expire Feb- 
 ruary, 1919. Confirmed March 13. 
 
 Trustee of the Soldiers and Sailors' Home 
 
 Feb. 27. Robert P. Bush, M. D., of Horseheads, 
 reappointed for a term to expire Feb- 
 ruary, 191 9. Confirmed Feb. 28. 
 
 •Managers of the Craig Colony for Epileptics 
 
 Mar. 22. Abbot Low Dow, of the Borough of 
 Brooklyn, reappointed for a term to 
 expire February, 1916. Confirmed 
 March 27. 
 
Appointments 259 
 
 Mar. 22. Frederick Peterson, M. D., of New York 
 city, reappointed for a term to expire 
 February, 1919. Confirmed March 27. 
 
 Nov. 27. Maria W. Proctor, of Utica, to succeed 
 Jeanette R. Hawkins, resigned. Recess 
 appointment requiring confirmation.' 
 
 Manager of Letchworth Village 
 
 Mar. 7. Thomas J. Colton, of New York city, re- 
 appointed for a term to expire Feb- 
 ruary, 1919. Confirmed March 13. 
 
 Managers of the Syracuse State Institution for 
 Feeble-Minded Children 
 
 Mar. 7. Edward S. Van Duyn, M. D., of Syracuse, 
 reappointed for a term to expire Feb- 
 ruary, 1916. Confirmed March 13. 
 
 Mar. 7. Alta Pease Crouse, of Syracuse, reap- 
 pointed for a term to expire February, 
 1917. Confirmed March 13. 
 
 Mar. 7. WilHam A. Kelly, of Lowville, to succeed 
 Mead Van Zile Belden, term expired. 
 Term to expire February, 1918. Con- 
 firmed March 13. 
 
 Mar. 7. Rt. Rev. John Grimes, of Syracuse, to 
 succeed Rt. Rev. Patrick A. Ludden, 
 resigned. Term to expire February, 
 1919. Confirmed March 13. 
 
 Managers of the New York State Woman's Relief 
 Corps Home 
 Mar. 22. Laura B. Clarke, of Oxford, reappointed 
 for a term to expire February, 191 3. 
 Confirmed March 27. 
 
26o Public Papers of Governor Dix 
 
 Mar. 22. Mary E. Seely, of Syracuse, reappointed, 
 for a term to expire February, 19 14. 
 Confirmed March 27. 
 
 Mar. 22. Allan C. Bakewell, of New York city, re- 
 appointed for a term to expire Feb- 
 ruary, 191 5. Confirmed March 27. 
 
 Mar. 22. Charles W. Brown, of Oxford, to succeed 
 George W. Ray, term expired. Term 
 to expire February, 1919. Confirmed 
 March 27. 
 
 Trustees of the New York State Hospital for the 
 Treatment of Incipient Pulmonary Tuberculosis 
 
 Mar. 22. Charles Stover, M. D., of Amsterdam, re- 
 appointed for a term to expire Febru- 
 ary, 1 914. Confirmed March 27. 
 
 Mar. 28. Martin E. McClary, of Malone. reap- 
 pointed for a term to expire February, 
 19 1 7. Confirmed March 28. 
 
 Mar. 28. David Morey, of Troy, to succeed Martin 
 Van Buren Ives, term expired. Term 
 to expire February, 1919. Confirmed 
 March 28. 
 
 Managers of the State Agricultural and Industrial 
 
 School 
 
 Mar. 7. Joseph B. Hone, of Rochester, reap- 
 pointed for a term to expire February, 
 19 19. Confirmed March 13. 
 
 July 24. Charles E. Sunderlin, of Rochester, to 
 succeed John F. White, resigned. Re- 
 cess appointment requiring confirma- 
 tion. 
 
Appointments 261 
 
 Manager of the New York State Reformatory for 
 
 Women 
 Mar. 22. Mary Garrett Hay, of New York city, to 
 succeed Harriett M. Griffin, term ex- 
 pired. Term to expire February, 19 19. 
 Confirmed March 27. 
 
 Managers of the New York State Training School 
 
 FOR Girls 
 
 Mar. 22. Mary Hinckley, of Poughkeepsie, to suc- 
 ceed Annie Winsor Allen, term expired. 
 Term to expire February, 1919. Con- 
 firmed March 27. 
 
 Nov. 27. Frederic C. Brown, of New York city, 
 to succeed H. McKie Wing, resigned. 
 Recess appointment requiring con- 
 firmation. 
 
 Dec. 27. Annie Winsor Allen, of White Plains, to 
 succeed Charles H. Strong, resigned. 
 Recess appointment requiring con- 
 firmation. 
 
 Manager of the Western House of Refuge for 
 
 Women 
 Mar. 28. Pearl Spiegel Elias, of Bufifalo, to succeed 
 Etta Eisner Falker, term expired. 
 Term to expire February, 1919. Con- 
 firmed March 28. 
 
 Manager of the State Custodial Asylum for Feeble- 
 minded Women 
 Mar. 22. Fannie R. Bigelow, of Rochester, reap- 
 pointed for a term to expire February, 
 1916. Confirmed March 27. 
 
262 Public Papers of Governor Dix 
 
 Manager of the New York State Hospital for the 
 Care of Crippled and Deformed Children 
 Mar. 22. Frank Morton McMurray, of Yonkers, 
 to succeed Henry W. Hardon, term ex- 
 pired. Term to expire February, 1919. 
 Confirmed March 27. 
 
 Managers of the State Reformatory for Mis- 
 demeanants 
 (Pursuant to provisions of Chapter 502, Laws of 1912) 
 Sept. 17. John J. Brady, of Albany. 
 
 Cyrus L. Sulzberger, of New York city. 
 George M. Parker. M. D., of New York 
 
 city. 
 James F. Boyle, of New York city. 
 Liberty Hyde Bailey, of Ithaca. 
 James E. Dougherty, of New York city. 
 Harlow C. Curtis, of BuiTalo. 
 Nov 27. George G. Davidson, Jr., of Buffalo, to 
 succeed Harlow C. Curtis, declined. 
 Note — Recess appointments requiring confirmation. 
 
 HONORARY 
 
 American Automobile Association Conference 
 January 5. Delegates to the First Annual convention 
 of the American Automobile Association, to be held at 
 Washington, D. C, January 16, 1912 
 
 Robert P. Hooper, New York city. 
 Howard Longstreth, New York city. 
 S. M. Butler, New York city. 
 Charles Thaddeus Terry, New York city. 
 
Appointments 263 
 
 A. G. Batchelder, New York city. 
 Frank G. Webb, New York city. 
 Daniel Rothschild, Ithaca. 
 James E. Schwarzenbach, Hornell. 
 A. J. Deer, Hornell. 
 George C. Diehle, Buffalo. 
 Edwin Storms, Dobbs Ferry. 
 
 Conference of the Child Labor Committee 
 
 January 8. Delegates to the Eighth Annual Confer- 
 ence of the National Child Labor Committee, to be held 
 at Louisville, Ky., January 25, 1912. 
 
 William Church Osborn, of Garrison. 
 Owen R. Lovejoy, New York city. 
 Adolph S. Ochs, New York city. 
 Felix Adler, New York city. 
 Homer Folks, New York city. 
 Mornay Williams, New York city. 
 George A. Hall, New York city. 
 Daniel Harris, New York city. 
 Joseph T. Ailing, Rochester. 
 Homer D. Call, .Syracuse. 
 WilUam F. Campion, Albany. 
 Theobald M. Guerin, Troy. 
 Charles A. Bock, Utica. 
 Charles Hanstein, Newburgh. 
 John C. Johnston, Buffalo. 
 Michael J. O'Brien, Rochester. 
 Mrs. Florence Kelly, New York city. 
 Edward T. Devine, New York city. 
 Miss Louise Stritt, Utica. 
 Miss Rose Bauer, Buffalo. 
 
264 Public Papers of Governor Dix 
 
 Miss Mary McCale, Syracuse. 
 
 Mrs. Mary K. Simkhovitch, New York city. 
 
 Miss Lillian Wald, New York city. 
 
 Mrs. J. Borden Harriman, Mt. Kisco. 
 
 William A. Douglas, Buffalo. 
 
 George W. Perkins, New York city. 
 
 Paul M. Warburg, New York city. 
 
 John William;;, Utica. 
 
 Conference on Medical Education and Legislation 
 
 January 20. Delegate to the special conference on 
 
 Medical Education and Legislation of the American 
 
 Medical Association, to be held in Chicago, 111., Feb. 26 
 
 Glentworth R. Butler, M. D., of Brooklyn. 
 
 Annual Conference of State Seat.ei^s of \\'eights 
 AND Measures 
 February 14. Delegate to the Seventh Annual Con- 
 ference of State Sealers of Weights and Measures, to be 
 held in Washington, D. C, February 15, 1912 
 Fritz Reichmann, of Troy. 
 
 Southern Commercial Congress 
 February 19. Delegates to the Southern Commercial 
 Congress, to be held at Nashville, Tenn., April 8, 1912 
 William Church Osborne, of Garrison. 
 Frank N. Godfrey, of Olean. 
 
 Fifteenth International Congress on Hygiene and 
 Demography 
 
 March 5. Committee to co-operate with the com- 
 mittee on organization in planning and preparing an ex- 
 
Appointments 265 
 
 hibition on health for the Fifteenth International Congress 
 on Hygiene and Demography, to be held at Washington, 
 D. C, September 23, 1912 
 
 Henry L. K. Shaw, M. D., of Albany. 
 Joseph D. Bryant, M. D., of New York city. 
 Luther H. Guhck, M. D., of New York city. 
 Edward T. Devine, of New York city. 
 Eugene H. Porter, M. D., of New York city. 
 
 August 21. Delegates to the Fifteenth International 
 Congress on Hygiene and Demography, to be held at 
 Washington, D. C, September 23, 1912 
 
 Henry L. K. Shaw, M. D., of Albany. 
 
 Luther H. Gulick, M. D., of New York city. 
 
 Joseph D. Bryant, M. D., of New York city. 
 
 Edward T. Devine, of New York city. 
 
 Eugene H. Porter, M. D., of New York city. 
 
 Nathan Straus, of New York city. 
 
 Andrew S. Draper, of Albany. 
 
 Augustus S. Downing, of Albany. 
 
 Thomas E. Finegan, of Albany. 
 
 Charles F. Wheelock, of Albany. 
 
 John Williams, of Utica. 
 
 John S. Whalen, of Rochester. 
 
 WilHam Rhinelander Stewart, of New York city. 
 
 Robert W. Hebbard, of New York city. 
 
 WilHam Cary Sanger, of Sangerfield. 
 
 Herbert P. Bissell, of Buffalo. 
 
 James V. May, M. D., of Binghamton. 
 
 Timothy E. McGarr, of Albany. 
 
266 Public Papers of Governor Dix 
 
 National Civic Federation 
 February 19. Delegates to the annual meeting of the 
 National Civic Federation, to be held in Washington, 
 D. C. March 5th 
 
 Alton B. Parker, New York city. 
 James A. O'Gorman, New York city. 
 Elihu Root, New York city. 
 Seth Low, New York city. 
 Lawrence F. Abbott, New York city. 
 John G. Agar, New York city. 
 William D. Baldwin, New York city. 
 William Barnes, Jr., Albany. 
 August Belmont, New York city. 
 John N. Bogart, New York city. 
 William C. Brown, New York city. 
 James J. Burden, Troy. 
 Elmer Burritt Bryan, Hamilton. 
 Charles N. Bulger, Oswego. 
 Thomas E. Burke, Hudson Falls. 
 Clarence M. Bushnell, Buffalo. 
 Nicholas Murray Butler, New York city. 
 Homer D. Call, Syracuse. 
 Robert M. Campbell, Brooklyn. 
 Andrew Carnegie, New York city. 
 Lewis Stuyvesant Chanler, Barrytown. 
 Thomas F. Conway, Plattsburg. 
 James J. Coogan, New York city. 
 George B. Cortelyou, New York city. 
 J. Sergeant Cram, New York city. 
 John D. Crimmins, New York city. 
 Rev. James R. Day, Syracuse. 
 Martin S. Decker, New Paltz. 
 
Appointments 267 
 
 John H. Delaney, Brooklyn. 
 
 Andrew S. Drapei", Albany. 
 
 John R. Dunlap, New York city. 
 
 Otto M. Eidlitz, New York city. 
 
 G. E. Emmons, Schenectady. 
 
 John M. Finley, New York city. 
 
 Thomas D. Fitzgerald, Albany. 
 
 John Fitzgibbon, Oswego. 
 
 M. J. Flannery, Buffalo. 
 
 Joseph Frey, New York city. 
 
 Daniel D. Frisbie, Schoharie. 
 
 James E. Gaffney, New York city. 
 
 John F. Galvin, New York city. 
 
 Frank Gilbert, Troy. 
 
 Martin H. Glynn, Albany. 
 
 Samuel Gompers, Washington, D. C. 
 
 John Temple Graves, New York city. 
 
 B. J. Greenhut, New York city. 
 
 Daniel Harris, New York city. 
 
 Frederick R. Hazard, Syracuse. 
 
 Timothy Healy, New York city. 
 
 A. Barton Hepburn, New York city. 
 
 Colgate Hoyt, New York city. 
 
 Edward D. Jackson, Buffalo. 
 
 Jeremiah W. Jenks, Ithaca. 
 
 John D. Kernan, Utica. 
 
 Franklin B. Kirkbride, New York city. 
 
 Solomon Lowenstein, New York city. 
 
 Rev. Thomas J. McCluskey, New York city. 
 
 Patrick H. McCormick, New York city. 
 
 Emerson McMillin, New York city. 
 
 William D. McNulty, New York city. 
 
268 Public Papers of Governor Dix 
 
 Norman E. Mack, Buffalo. 
 
 V. Everit Macy, New York city. 
 
 John H. Malin, Fort Edward. 
 
 Marcus M. Marks, New York city. . 
 
 W. H. Marshall, New York city. 
 
 Edwin A. Merritt, Jr., Potsdam. 
 
 John Mitchell, New York city. 
 
 Rt. Rev. Mgr. Joseph F. Mooney, New York city. 
 
 Charles A. Moore, New York city. 
 
 Henry Morganthau, New York city. 
 
 Thomas M. Mulry, New York city. 
 
 William C. Muschenheim, New York city. 
 
 Lewis Nixon, New York city. 
 
 Rev. Frank Mason North, New York city. 
 
 William Church Osborn, Garrison. 
 
 George M. Palmer, Cobleskill. 
 
 Frederick F. Peabody, Albany. 
 
 George Foster Peabody, Lake George. 
 
 George W. Perkins. New York city. 
 
 Cyrus W. Phillips, Rochester. 
 
 Franklin Pierce, New York city. 
 
 Alexander J. Porter, Niagara Falls. 
 
 James B. Regan, New York city. 
 
 Rush Rhees, Rochester. 
 
 Charles A. Richmond, Schenectady. 
 
 Herman Ridder, New York city. 
 
 Charles T. Root, New York city. 
 
 Herman Robinson, New York city. 
 
 Simon W. Rosendale, Albany. 
 
 Jacob Ruppert, New York city. 
 
 Thomas E. Ryan, Albany. 
 
 William J. Schieffelin, New York city. 
 
 Louis B. Schram, New York city. 
 
Appointments 269 
 
 Jacob Gould Schurman, Ithaca. 
 Edwin R. A. Seligman, New York city. 
 Isaac N. Seligman, New York city. 
 Albert Shaw, New York city. 
 P. Tecumseh Sherman, New York city. 
 John A. Sleicher, New York city. 
 Alfred E. Smith, New York city. 
 George W. Smith, Buffalo. 
 James Speyer, New York city. 
 
 E. C. Stearns, Syracuse. 
 
 Olin J. Stephens, New York city. 
 Francis Lynde Stetson, New York city. 
 J. W. A. Stewart, Rochester. 
 Jesse I. Straus, New York city. 
 Oscar S. Straus, New York city. 
 Woolsey M. Stryker, Clinton. 
 William H. Taylor, New York city. 
 George H. Thacher, Albany. 
 Jacob Tazelaar, New York city. 
 Frank Trumbull, New York city. 
 Samuel Untermyer, New York city. 
 Theodore N. Vail, New York city. 
 Frank A. Vanderlip, New York city. 
 Frank Vincent, Utica. 
 Robert F. Wagner, New York city. 
 J. Mayhew Wainwright, Rye. 
 James L. Wells, New York city. 
 Everett P. Wheeler, New York city. 
 William R. Willcox, New York city. 
 John Williams, Utica. 
 
 F. J. Willsey, Rochester. 
 Frank L. Young, Ossining. 
 
270 Public Papers of Governor Dix 
 
 Annual Meeting of the American Academy of 
 
 Political and Social Science 
 March 22. Delegates to the Sixteenth Annual Meet- 
 ing of the American Academy of Political and Social 
 Science to be held in Philadelphia, Penn., on March 29 
 
 August Belmont, of New York city. 
 Seth Low, of New York city. 
 Samuel Gompers, of New York city. 
 
 National Conference of Charities and Correction 
 
 April 16. Delegates to the National Conference of 
 Charities and Correction, to be held in Cleveland, Ohio, 
 June 12, 1912 
 
 Alton B. Parker, Esopus. 
 Jacob Katz, New York city. 
 Col. Joseph F. Scott, Elmira. 
 William Rhinelander Stewart, New York city. 
 Michael J. Drummond, New York city. 
 Patrick A. Whitney, New York city. 
 Franklin B. Kirkbride, New York city. 
 Charles S. Fairchild, New York city. 
 Jacob H. Schifif, New York city. 
 Homer Folks, New York city. 
 Lawrence Veiller, New York city. 
 Simon W. Rosendale, Albany. 
 Henry Moskowitz, New York city. 
 Thomas M. Mulry, New York city. 
 Robert W. Hebberd, New York city. 
 James V. May, M. D., Binghamton. 
 Herman Metz, Borough of Brooklyn. 
 Herman Ridder, New York city. 
 
Appointments 271 
 
 John W. Hogan, Syracuse. 
 George Gillespie, New York city. 
 Herman Robinson, New York city. 
 Samuel J. Tilden, New Lebanon. 
 Eugene A. Philbin, New York city. 
 Edward T. Devine, New York city. 
 Philip G. Schaefer, Buffalo. 
 Dennis McCarthy, Syracuse. 
 John L. Coldwater, New York city. 
 Olin J. Stephens, New York city. 
 Louis O. Van Doren, New York city. 
 Albion V Wadhams, Wadhams. 
 Berthold Flesch, M. D., New York city. 
 N. Taylor Phillips, New York city. 
 Henry J. McCann, Albany. 
 William Townsend, Utica. 
 
 By Lieut. Governor Conway 
 
 Acting as Governor 
 April 25. 
 
 Henry Solomon, New York city. 
 Cyrus L. Sulzberger, New York city. 
 
 Convention of the Associated Advertising Clubs of 
 
 America 
 (Appointed by Lieutenant-Governor Conway, actmg as 
 Governor. ) 
 
 May 2. Delegates to the Convention of the Associated 
 Advertising Clubs of America, to be held in Dallas, Texas, 
 on May 19, 191 2 
 
 Walter B. Cherry, of Syracuse. 
 Herbert S. Houston, of New York city. 
 
272 Public Papers of Governor Dix 
 
 Paul Block, of New York city. 
 George B. Van Cleve, of New York city. 
 Walter C. Hine, of New York city. 
 William Johns, of New York city. 
 Lewis Jones, of Rochester. 
 
 Meeting of the National Good Roads Association 
 (Appointed by Lieutenant-Governor Conway, acting as 
 
 Governor.) 
 
 May 2. Delegates to the Meeting of the National Good 
 
 Roads Association, to be held at New Orleans, La., May 
 
 16, 1912 
 
 John F. Murtaugh, of Elmira. 
 
 J. DuPratt White, of New York city. 
 
 W. Pierrepont White, of Utica. 
 
 W. Van Rensselaer Irving, of Albany. 
 
 Howard R. Bayne, of New Brighton. 
 
 Sidney Harris, of New York city. 
 
 T. Harvey Ferris, of Utica. 
 
 Robert H. Gittins, of Niagara Falls. 
 
 William Dinsmore, of Staatsburg. 
 
 Howard D. Hadley, of Plattsburg. 
 
 International Convention of Factory Inspectors 
 
 (Appointed by Lieutenant-Governor Conway, actmg as 
 Governor. ) 
 
 May 22. Delegates to the International Convention of 
 Factory Inspectors, to be held in Washington, D. C, June 
 4th, 1912 
 
 Robert F. Wagner, New York city. 
 
 Charles M. Hamilton, Ripley. 
 
Appointments 273 
 
 Alfred E. Smith, New York city. 
 Cyrus W. Phillips, Rochester. 
 Frank A. Tierney, Albany. 
 John Williams, Utica. 
 Dr. Henry Moskowitz, New York city. 
 John S. Whalen, Rochester. 
 Samuel Prince, New York city. 
 Joseph Barondess, New York city. 
 Henry R. Seagar, New York city. 
 Miss Frances Perkins, New York city. 
 Fred Northrup, Poughkeepsie. 
 John M. O'Hanlon, Troy. 
 
 Thomas D. Fitzgerald, Albany. 
 
 T. M. Gafifney, Syracuse. 
 
 Edward D. Jackson, Buffalo. 
 
 John B. Andrews, New York city. 
 
 Edward T. Devine, New York city. 
 
 Miss Lillian D. Wald, New York city. 
 
 Mrs. Florence Kelley, New York city. 
 
 Samuel Gompers, New York city. 
 
 Miss Mary E. Dreier, Brooklyn. 
 
 Robert E. Dowling, New York city. 
 
 Simon Brentano, New York city. 
 
 June 3. 
 
 Edward F. Brown, New York city. 
 
 Negro National Educational Congress 
 June 18. Delegates to the Negro National Educational 
 Congress to be held in St. Paul, Minn., July 15, 191 2 
 W. E. D. Du Bois, of New York city. 
 George W. Harris, of New York city. 
 Prof. John P. Thorne, of Brooklyn. 
 18 
 
274 Public Papers of Governor Dix 
 
 Bishop Alexander Waters, D. D., of New York city. 
 Asst. Corp. Coun. James D. Carr, of New York city. 
 Doctor Yorke Russell, of New York city. 
 Doctor Gustavus Henderson, of New York city. 
 Miss S. Elizabeth Fraser, of New York city. 
 Mrs. Alfred C. Cowan, of Brooklyn. 
 Robert N. Wood, of New York city. 
 Rev. Alexander Conway, of Yonkers. 
 
 N.A.TIONAL Conference on State and Local Taxation 
 
 July 31. Delegates to the Sixth National Conference 
 on State and Local Taxation, to be held at Des Moines, 
 Iowa, September 3, 1912 
 
 Thomas F. Byrnes of New York city 
 
 William H. Sullivan, of Norwich 
 
 Benjamin E. Hall, of New York city 
 
 Charles J. Tobin, of Albany. 
 
 Lawson Purdy, of New York city. 
 
 Edward L. Heydecker, of New York city. 
 
 August 21 
 
 Daniel B. Cushman, of Norwich. 
 Robert Emerson, of McDonough. 
 Joseph B. Cunningham, of New York city. 
 John E. Eastmond, of New York city. 
 John J. Murphy, of New York city. 
 John H. Gelhardt, Jr., of Brooklyn. 
 
 Convention of the Atlantic Deeper Waterways 
 
 Association 
 August 6. Delegates to the Fifth Annual Convention 
 of the Atlantic Deeper Waterways Association, to be held 
 in New London, Conn., September 4, 191 2 
 
Appointments 275 
 
 Charles E. Treman, of Ithaca. 
 Ledyard Cogswell, of Albany. 
 William R. Hill, of Albany. 
 William B. Jones, of Albany. 
 J. H. McCormick, of Albany. 
 James B. McEwan, of Albany.- 
 Edward N. McKinney, of Albany. 
 William Gorham Rice, of Albany. 
 Frederick C. Stevens, of Attica. 
 Joseph H. Block, of Buffalo. 
 George Clinton, of Buffalo. 
 Spencer Clinton, of Bufifalo. 
 William H. Fitzpatrick, of Bufifalo. 
 Louis P. Fuhrmann, of Bufifalo. 
 Devoe P. Hodson, of Bufifalo. 
 William F. Kasting, of Bufifalo. 
 John P. Sullivan, of Buffalo. 
 William J. Warwick, of Buffalo. 
 Maurice E. Connelly, of Corona. 
 Marion J. Verdery, of Flushing. 
 Charles Pope Caldwell, of Forest Hills. 
 Franklin E. Bard, of Gowanda. 
 Robert V. Van Cortlandt, of Mt. Kisco. 
 Edwin W. Fiske, of Mt. Vernon. 
 Alexander R. Smith, of Nei^era Park. 
 Frederick H. Waldorf, of New Rochelle. 
 Edward T. Williams, of Niagara Falls. 
 John A. Bensel, of New York city. 
 Emil L. Boas, of New York city. 
 Henry Bruckner, of New York city. 
 Walter F. Burns, of New York city. 
 John Claflin, of New York city. 
 
276 Public Papers of Governor Dix 
 
 William E. Cleary, of New York city. 
 John D. Crimmins, of New York city. 
 William T. Donnelly, of New York city. 
 Abram I. Elkus, of New York city. 
 Philip A. S. Franklin, of New York city. 
 John F. Calvin, of New York city. 
 Frank S. Gardner, of New York city. 
 Elbridge T. Gerry, of New York city. 
 Joseph A. Goulden, of New York city. 
 Alfred Hahn, of New York city. 
 Thomas Hassett, of New York city. 
 Henry B. Herbert, of New York city. 
 A. Barton Hepburn, of New York city. 
 J. Homer Hildreth, of New York city. 
 William G. McAdoo, of New York city. 
 T. O. McGill, of New York city. 
 James R. McKee, of New York city. 
 Herman A. Metz, of New York city. 
 Henry Louis Moore, of New York city. 
 Henry Morgenthau, of New York city. 
 John F. Murray, of New York city. 
 Lewis Nixon, of New York city. 
 N. Taylor Phillips, of New York city. 
 Charles E. Reid, of New York city. 
 George N. Reinhardt, of New York city. 
 Jacob Ruppert, of New York city. 
 Jacob H. Schiff, of New York city. 
 Gustav H. Schwab, of New York city. 
 Michael A. Scudi, of New York city. 
 Isaac N. Seligman, of New York city. 
 R. A. C. Smith, of New York city. 
 Alfred E. Steers, of New York city. 
 
Appointments 277 
 
 Olin J. Stephens, of New York city, 
 Charles D. Steurer, of New York city. 
 Nathan Straus, of New York city. 
 Calvin Tomkins, of New York city. 
 Leslie J. Tompkins, of New York city. 
 M. H. Tracy, of New York city. 
 John W. Weber, of New York city. 
 James L. Wells, of New York city. 
 Antonio Zucca, of New York city. 
 Henry B. Swartwout, of Port Jervis. 
 John K. Sague, of Poughkeepsie. 
 A. C. Kessinger, of Rome. 
 Charles E. Pruyn, of Schenectady. 
 David B. Rushmore, of Schenectady. 
 Gerardus Smith, of Schenectady. 
 Thomas Meachem, of Syracuse. 
 W. H. Follette, of Tonawanda. 
 Marshall L. Barnes, of Troy. 
 Cornelius F. Burns, of Troy. 
 William J. Roche, of Troy. 
 John D. Kernan, of Utica. 
 Thomas R. Proctor, of Utica. 
 Arthur Outram Sherman, of White Plains. 
 Frederick B. Van Kleek, of White Plains. 
 James T. Lennon, of Yonkers. 
 
 Meeting of the National Irrigation Congress 
 August 21. Delegate to the Twentieth Annual Meeting 
 of the National Irrigation Congress, to be held in Salt 
 Lake City, Utah, September 30, 1912 
 
 Henry Ide Willey, of New York city. 
 
278 Public Papeus of Governor Dix 
 
 National Congress of Colored Educators 
 August 24. Delegates to the National Congress of Col- 
 ored Educators in connection with the National Jubilee in 
 Celebration of the Fiftieth Anniversary of the Issuance of 
 the Emancipation Proclamation, to be held in Washington, 
 D. C, September 24, 1912 
 
 Alexander Waters, D. D., of New York city. 
 
 Georgine Lewis, of Albany. 
 
 Etha Briggs, of Buffalo. 
 
 Mrs. Alice L. Judd, of Kingston. 
 
 Rev. Alexander M. Conway, of Yonkers. 
 
 Annie C. Denning, of Canajoharie. 
 
 George W. Harris, of New York city. 
 
 James D. Carr, of New York city. 
 
 John T. Thorne, of New York city. 
 
 Yorke Russell, M. D., of New York city. 
 
 Gustavus Henderson, M. D., of New York city. 
 
 S. Elizabeth Frasier, of New York city. 
 
 Mrs. Alfred C. Cowan, of New York city. 
 
 Robert N. Wood, of New York city. 
 
 American Road Congress 
 
 September 10. Delegates to the American Road 
 Congress to be held at Atlantic City, N. J., September 
 30, 1912 
 
 James A. O'Gorman, of New York city. 
 
 Thomas Carmody, of Penn Yan. 
 
 C. Gordon Reel, of Kingston. 
 
 John A. Bensel, of New York city. 
 
 Duncan W. Peck, of Syracuse. 
 
 Charles E. Treman, of Ithaca. 
 
 Seymour Van Santvoord, of Troy. 
 
Appointments 
 
 George E. Van Kennen, of Ogdensburg. 
 
 James W. Fleming, of Troy. 
 
 John D. Moore, of New York city. 
 
 Eugene Lamb Richards, Jr., of New Brighton. 
 
 August Belmont, of New York city. 
 
 William Church Osborn, of Garrison. 
 
 Arthur A. McLean, of Newburgh. 
 
 Rt. Rev. Richard H. Nelson, of Albany. 
 
 Stuyvesant Fish, of New York city. 
 
 W. Caryl Ely, of Buffalo. 
 
 Robert F. Wagner, of New York city. 
 
 Lewis Stuyvesant Chanler, of Barrytown. 
 
 Daniel D. Frisbie, of Middleburg. 
 
 Amasa J. Parker, of Albany. 
 
 George Foster Peabody, of Lake George. 
 
 Samuel J. Tilden, of New Lebanon. 
 
 Robert P. Bush, of Horseheads. 
 
 Frank M. Patterson, of New York city. 
 
 Edward M. Underbill, of Glen Cove. 
 
 Adrian Iselin, of New Rochelle. 
 
 Edwin A. Merritt, Jr., of Potsdam. 
 
 Col. Joseph F. Scott, of Elmira. 
 
 James J. Frawley, of New York city. 
 
 Richard W. Sherman, of Utica. 
 
 J. DuPratt White, of Nyack. 
 
 J. Rich Steers, of Port Chester. 
 
 Frank K. Sturgis, of New York city. 
 
 Moses Taylor, of Mt. Kisco. 
 
 Ezra Tuttle, of Eastport. 
 
 James McClennahan, of Port Chester. 
 
 James C. McDonald, of Schenectady. 
 
 William A. Mallery, Jr.. of Hillsdale. 
 
 279 
 
28o Public Papers of Governor Dix 
 
 H. A. McLaughlin, of Albany. 
 Peter H. Troy, of Poughkeepsie. 
 George H. Whitney, of Mechanicville. 
 William P. Biggs, of Trumansburg. 
 Lor en H. White, of Schenectady. 
 Robert H. Gittens, of Niagara Falls. 
 George C. Diehl, of Bufifalo. 
 E. D. Bailey, of Patchogue. 
 James L. Long, of Oyster Bay. 
 George Washburn, of Kingston. 
 Thomas J. McManus, of New York city. 
 Alfred E. Smith, of New York city. 
 James A. Foley, of New York city. 
 W. W. Strong, of Gloversville. 
 Lewis H. Tunison, of Trumansburg. 
 George R. Van Alstyne, of Rochester. 
 Martin Wahl, of Rochester. 
 Benjamin F. Welden, of Binghamton. 
 O. D. Welden, of Mooers Forks. 
 Frank D. Wells, of Saratoga Springs. 
 Clayton L. Wheeler, of Hancock. 
 John F. Murtaugh, of Elmira. 
 T. Harvey Ferris, of Utica. 
 W. P. White, of Utica. 
 John C. Winters, Jr., of Mt. Morris. 
 A. J. Beer, of Hornell. 
 Thomas W. Finucane, of Rochester. 
 Raymond A. Pearson, of Ithaca. 
 Edward E. Perkins, of Poughkeepsie. 
 George R. Read, of New York city. 
 Reginald W. Rives, of New Hamburg. 
 Eugene D. Scribner, of Gloversville. 
 
Appointments 281 
 
 Myron R. Coleman, of Interlaken. 
 
 JSFathan T. Lovejoy, of Ogdensburg. 
 
 William A. Mallory, Jr., of Hillsdale. 
 
 Fay C. Parsons, of Cortland. 
 
 Leo C. Doran, of New York city. 
 
 Henry Sanderson, of New York city. 
 
 Jacob Katz, of New York city. 
 
 A. C. Sherwood, of New York city. 
 
 Dr. J. H. Tamblin, of Copenhagen. 
 
 Edwin S. Knickerbocker, of Bangall. 
 
 George F. Underwood, of New York city. 
 
 George B. Van Valkenburg, of Catskill. 
 
 James W. Wadsworth, of Geneseo. 
 
 Alfred Wagstaff, of New York city. 
 
 Frank H. Terwilliger, of Highland. 
 
 Rt. Rev. Joseph A. Hendrick, of Ovid. 
 
 A. Z. Wemple, of Fultonville. 
 
 Worthington Whitehouse, of New York city. 
 
 Fred R. Smith, of Bolton Landing. 
 
 O. P. Stearns, of Winthrop. 
 
 Frank D. Lyon, of Albany. 
 
 Sanford T. Church, of Albion. 
 
 J. R. Cornell, of Newburgh. 
 
 William H. Moore, of New York city. 
 
 James Jenkins, of Kingston. 
 
 James E. Kelly, of Ogdensburg. 
 
 Bryan L. Kennedy, of New York city. 
 
 George F. Ketchum, of Warwick. 
 
 William Jay, of Bedford. 
 
 James Jenkins, of Kingston. 
 
 Gerald Hull Gray, of New York city. 
 
 G. H. P. Gould, of Lyons Falls. 
 
282 Public Papers of Governor Dix 
 
 Herbert J. Fowler, of Ithaca. 
 Norman D. Fish, of North Tonawaiida. 
 C. Louis DtiVal, of New York city. 
 Thomas J. Dunn, of Glens Falls. 
 John F. Donovan, of Mt. Morris. 
 W. A. Cook, of Frankfort. 
 Joseph H. Andrews, of Mineola. 
 Charles Barker, of Delhi. 
 Thomas George Barnes, of Ossining. 
 Theodore A. Beach, of Lebanon. 
 N. S. Beardsley, of Warsaw. 
 Joseph L. Beaumont, of Gainesville. 
 Judson A. Betts, of Catskill. 
 George A. Blauvelt, of Monsey. ' 
 E. R. Bordwell, of Penn Yan. 
 C. Fred Boshart, of Lowville. 
 Richard A. Brace, of Fultonville. 
 Charles J. Brown, of Rochester. 
 Judson Bridenbecker, of Herkimer. 
 John F. Clark, of Florence. 
 
 National Conservation Congress 
 
 September 10. Delegates to the Fourth National 
 Conservation Congress held at Indianapolis, Ind., 
 October i 
 
 George E. Van Kennen, Ogdensburg. 
 
 James W. Fleming, Troy. 
 
 John D. Moore, New York city. 
 
 Seymour Van Santvoord, Troy. 
 
 William Church Osborn, Garrisons. 
 
 Liberty Hyde Bailey, Ithaca. 
 
 George Foster Peabody, Lake George. 
 
Appointments 283 
 
 Cornelius F. Burns, Troy. 
 Louis C. Fuhrmann, BuflEalo. 
 
 E. Prentiss Bailey, Utica. 
 John W. Hogan, Syracuse. 
 Albert E. Hoyt, Albany. 
 
 Eugene Lamb Richards, New York city. 
 M. H. Hoover, Lockport. 
 A. C. Kessinger, Rome. 
 
 F. A. Emerick, Oswego. 
 
 Walter H. Woodworth, New York city. 
 W. Irving Griffing, Glens Falls. 
 John J. Irving, Binghamton. 
 Frederic C. Howe, New York city. 
 Charles B. Hart, Albion. 
 Milford W. Childs, Medina. 
 Frederick T. Chormann, Niagara Falls. 
 Egbert Dexter Corson, Lockport. 
 Edgar A. Newell, Ogdensburg. 
 H. Jason Knapp, Tonawanda. 
 George B. Burd, Buffalo. 
 E. R. Taylor, Penn Yan. 
 Richard W. Sherman, Utica. 
 George H. P. Gould, Lyons Falls. 
 C. Louis DuVal, New York city. 
 George F. Underwood, New York city. 
 Frank M. Collin, Penn Yan. 
 O. U. Kellogg, Cortland. 
 Clark H. Hammond, Buffalo. 
 
 September 17 
 
 James R. Day, Syracuse. 
 Hugh P. Baker, Syracuse. 
 William L. Bray, Syracuse. 
 
284 Public Papers of Governor Dix 
 
 September 21 
 
 T. Gilbert Pearson, New York city. 
 September 28 
 
 Charles E. Pruyn, Schenectady. 
 
 David B. Rushmore, Schenectady. 
 
 Northwestern Association of City Sealers of the 
 United States 
 September 10. Delegate to meeting of the Northwest- 
 ern Association of City Sealers of the United States, to 
 be held in St. Paul, Minn., September 23 
 
 Fritz Reichmann, of Albany. 
 
 Co-operative Safety Congress 
 
 September 24. Delegates to the Co-operative Safety 
 Congress, to be held in Milwaukee, Wis., September 30 
 
 John Williams, of Utica. 
 
 William Newell, of New York city. 
 
 American Prison Association 
 
 October 8. Delegates to the meeting of the American 
 Prison Association, to be held at Baltimore, Md., on 
 November 9th 
 
 Joseph F. Scott, of Elmira. 
 Henry Solomon, of New York city. 
 Henry Melville, of New York city. 
 P. J. McDonnell, of Elmii-a. 
 John S. Kennedy, of Ossining. 
 Harry M. Kaiser, of Dannemora. 
 William J. Homer, of Comstock. 
 John H. Mealey, of Valatie. 
 
Appointments 285 
 
 Charles H. North, M. D., of Dannemora. 
 Col. E. C. Barber, New York city. 
 Katherine B. Davis, of Bedford. 
 Alice E. Curtin, of Albion. 
 Nettie M. Leonard, of Auburn. 
 Franklin H. Briggs, of Yorktown Heights. 
 John D. Russell, M. D., of Fishkill-on-Hudson. 
 Henry J. McCann, of Albany. 
 William Townsend, of Utica. 
 F. H. Hills, of New York city. 
 George W. Benham, of Auburn. 
 November 8. 
 
 William A. McCabe, Poughkeepsie. 
 
 Farmers' National Congress 
 October 24. Delegates to the Farmers' National Con- 
 gress, to be held in New Orleans, La., November 7 
 Calvin J. Huson, of Penn Yan. 
 Liberty Hyde Bailey, Ithaca. 
 Dr. W. H. Jordan, Geneva. 
 
 Prof. O. S. Morgan, Columbia University, N. Y. city. 
 William Church Osborn, New York city. 
 Fred W. Sessions, Utica. 
 J. A. D. S. Findlay, Salisbury Mills. 
 Isaac C. Blandy, Greenwich. 
 Harry B. Harpending, Dundee. 
 O. U. Kellogg, Cortland. 
 A. L. Brockway, Syracuse. 
 Loton Horton, New York city. 
 Albert E. Brown, Syracuse. 
 Lewis Nixon, New York city. 
 E. B. Norris, Sodus. 
 John T. De Vine, Goshen. 
 
2S6 Public Papers of Governor Dix 
 
 State Conference of Charities and Correction 
 October 31. Delegates to the Thirteenth New York 
 State Conference of Charities and Correction, to be held 
 in Syracuse on November 19 
 
 William Rhinelander Stewart; New York city. 
 
 Herman A. Metz, New York city. 
 
 John A. Kingsbury, New York city. 
 
 Henry Solomon, New York city. 
 
 Homer Folks, New York city. 
 
 S. S. Goldwater, M. D., New York city. 
 
 Robert F. Wagner, New York city. j 
 
 Alfred E. Smith, New York city. 
 
 Robert W. de Forest, New York city. 
 
 Samuel Gompers, New York city. 
 
 John D. Crimmins, New York city. 
 
 N. Taylor Phillips, New York city. 
 
 Antonio Zucca, New York city. 
 
 Samuel Untermyer, New York city. 
 
 Leopold Plant, New York city. 
 
 Michael J. Drummond, New York city. 
 
 Patrick A. Whitney, New York city. 
 
 Cyrus L. Sulzberger, New York city. 
 
 Stephen Smith, M. D., New York city. 
 
 Mortimer L. Schiff, New York city. 
 
 Thomas M. Mulry, New York city. 
 
 Herman Ridder, New York city. 
 
 Robert W. Hebberd, New York city. 
 
 Joseph D. Bryant, New York city. 
 
 William Church Osborn, New York city. 
 
 Edmond J. Butler, New York city. 
 
 Mrs. William K. Draper, New York city. 
 
 Simon W. Rosendale, Albany. 
 
 Mrs. Albert Hessberg, Albany. 
 
Appointments 287 
 
 Mrs. Frederick R. Hazard, Syracuse. 
 
 John W. Hogan, Syracuse. 
 
 Horace McGuire, Rochester. 
 
 Max Landsburg, D. D., Rochester. 
 
 WilHam H. Gratwick, Buffalo. 
 
 Frederick Ahny, Buffalo. 
 
 Samuel J. Tilden, New Lebanon. 
 
 James V. May, M. D., Binghamton. 
 
 Joseph F. Scott, Elmira. 
 
 Joseph C. Baldwin, Jr., Mt. Kisco. 
 
 James Wood, Mt. Kisco. 
 
 Mrs. Sarah L. Davenport, Bath. 
 
 Richard L. Hand, Elizabethtown. 
 
 Daniel W. Burdick, Ithaca. 
 
 George B. Robinson, Bedford. 
 
 Minnesota Conservation and Agricultural Develop- 
 ment *" 
 November i. Delegates to the Minnesota Conservation 
 ■and Agricultural Development Congress, together with a 
 conference of representatives of Weights and Measures 
 Departments and of the National Bureau of Standards, 
 to be held in Minneapolis, Minn., November 19 
 Fritz Reichmann, of Albany. 
 
 November 15. 
 John L. Walsh, of New York city. 
 
 National Conference on Workmen's Compensation 
 November 4. Delegate to the National Conference on 
 Workmen's Compensation, under the auspices of the 
 National Civic Federation, to be held in New York city, 
 November 25 
 
 John Williams, of Utica. 
 
288 Public Papers of Governor Dix 
 
 American Mining Congress 
 
 November 8. Delegate to the Fifteenth Annual Ses- 
 sion of the American Mining Congress, to be held in 
 Spokane, Wash., November 25th 
 
 John R. Burton, of New York city. 
 
 National Rivers and Harbors Congress 
 November 11. Delegates to the Ninth Convention of 
 the National Rivers and Harbors Congress to. be held in 
 Washington, D. C, on December 4th 
 
 James A. O'Gorman, New York city. 
 
 Elihu Root, New York city. 
 
 John Adikes, New York city. 
 
 Henry C. Allen, Syracuse. 
 
 Benjamin Altman, New York city. 
 
 John J. Amory, New York city. 
 
 James M. Anderson, Schenectady. 
 
 John Anderson, Newcomb. 
 
 Matthew Anderson, New York city. 
 
 Benjamin W. Arnold, Albany. 
 
 Hugh A. Arnold, Albany. 
 
 Miles Ayrault, Tonawanda. 
 
 E. Prentiss Bailey, Utica. 
 
 Frank Bailey, New York city. 
 
 Joseph F. Bailey, Patchogue. 
 
 R. W. Bainbridge, New York city. 
 
 William F. Balkam, Rochester. 
 
 Otto T. Bannard, New York city. 
 
 Henry Batterman, New York city. 
 
 William R. Beal, New York city. 
 
 August Belmont, New York city. 
 
 John A. Bensel, New York city. 
 
Appointments 289 
 
 William Berri, New York city. 
 
 Charles A. Berrian, New York city. 
 
 John T. D. Blackburn, Albany. 
 
 Charles W. Bogart, New York city. 
 
 Paul E. Bonner, New York city. 
 
 David A. Boody, New York city. 
 
 William A. Boyd, New York city. 
 
 Edward B. Boynton, New York city. 
 
 Frank Brainard, New York city. 
 
 Jesse Brayton, Utica. 
 
 Henry Bruchner, New York city. 
 
 Charles N. Bulger, Oswego. 
 
 C C. Burns, Watertown. 
 
 Cornelius F. Burns, Troy. 
 
 Irving T. Bush, New York city. 
 
 Frederick W. Cameron, Albany. 
 
 Jacob A. Cantor, New York city. 
 
 John A. Carlin, New York city. 
 
 Joseph D. Carroll, New York city. 
 
 H. K. Chadwick, Syracuse. 
 
 George W. Chauncey, New York city. 
 
 John Claflin, New York city. 
 
 William E. Cleary, New York city. 
 
 George Clinton, Buffalo. 
 
 W. B. Cogswell, Syracuse. 
 
 Maurice E. Connelly, New York city. 
 
 Daniel E. Conway, Troy. 
 
 John R. Corbin, New York city. 
 
 S. D. Coykendall, Rondout. 
 
 John D. Crimmins, New York city. 
 
 Patrick W. Cullinan, Oswego. 
 
 Louis A. Cuvillier, New York city. 
 
 19 
 
290 Public Papers of Governor Dix 
 
 Fred B. Dalzell, New York city. 
 J. Clarence Davies, New York city. 
 John De Hart, New York city. 
 E. A. Desmarets, College Point 
 Chester Arthur Donnelly, Albany. 
 William T. Donnelly, New York city. 
 E. \V. Douglas, Troy. 
 \\'illiam A. Douglas, Buffalo. 
 John R. Dunlap, New York city. 
 Cornelius J. Earley, New York city. 
 Frank S. Ellsworth, Rochester. 
 William B. Elmendorf, Albany. 
 Julian D. Fairchild, New York city. 
 Samuel W. Fairchild, New York city. 
 Arthur F. Ferris, Utica. 
 T. Harvey Ferris, Utica. 
 W. D. Ferris, Utica. 
 Thomas W. Finucane, Rochester. 
 Edwin A. Fisher, Rochester. 
 Edwin W. Fiske, Mt. Vernon. 
 John Fitzgibbons, Oswego. 
 Charles I. Fleck, New York city. 
 Oscar S. Foster, Utica. 
 Philip A. S. Franklin, New York city. 
 Earle Furman, Schenectady. 
 Louis P. Fuhrmann, Buffalo. 
 James E. Gaffney, New York city. 
 Bernard Gallagher, New York city. 
 John F. Galvin, New York city. 
 Frank S. Gardner, New York city. 
 Elbert H. Gary, New York city. 
 Benjamin T. Gilbert, Utica. 
 
Appointmemts 291 
 
 T. A. Gillespie, New York city. 
 
 William C. Gloeckner, Albany. 
 
 Martin H. Glynn, Albany. 
 
 Joseph A. Goulden, New York city. 
 
 W. H. Gratwick, Buffalo. 
 
 L. B. Green, Patchogue. 
 
 Anthony J. Griffin, New York city. 
 
 Howard D.'Hadley, Plattsburg. 
 
 Louis F. Haffen, New York city. 
 
 Ernest Hall, New York city. 
 
 H. H. S. Handy, Syracuse. 
 
 Merritt D. Hanson, Cohoes. 
 
 John J. Hartigan, Troy. 
 
 James S. Havens, Rochester. 
 
 Henry B. Hebert, New York city. 
 
 Robert R. Hefford, Buffalo. 
 
 A. Barton Hepburn, New York city. 
 
 Frank C. Herrick, Albany. 
 
 William Hester, New York city. 
 
 Thomas J. Higgins, New York city. 
 
 J. Homer Hildreth, New York city. 
 
 Henry W. Hill, Buffalo. 
 
 John W. Hogan, Syracuse. 
 
 Fred W. Hottenroth, New York city. 
 
 Joseph Huber, New York city. 
 
 Adolph G. Hupfel, New York city. 
 
 James T. Hutchings, Rochester. 
 
 Roscoe Irwin, Kingston. 
 
 Louis Jaeger, Greenport. 
 
 A. H. Jaggers, New York city. 
 
 Israel C. Jones, New York city. 
 
 J. Harris Jones, New York city. 
 
292 Public Papers of Governor Dix 
 
 Nathan S. Jones, New York city. 
 
 William B. Jones, Albany. 
 
 William H. Kelly, Syracuse. 
 
 John D. Kernan, Utica. 
 
 John B. Kerr, New York city. 
 
 A. R. Kessinger, Rome. 
 
 Nelson B. Kilmer, New York city. 
 
 Albert E. Kleinert, New York city. 
 
 Lucien Knapp, Long Island City. 
 
 Arthur Knox, New York city. 
 
 Herbert A. Knox, New York city. 
 
 John E. Kraft, Kingston. 
 
 Louis F. Kuntz, New York city. 
 
 Richard W. Lawrence, New York city. 
 
 Clifford Lewis, Utica. 
 
 William W. Loomis, Troy. 
 
 Seth Low, New York city. 
 
 John D. Lynn, Rochester. 
 
 William G. McAdoo, New York city. 
 
 James McCall, Bath. 
 
 Robert J. McFarland, New York city. 
 
 Edward N. McKinney, Albany. 
 
 Arthur A. McLean, Jr., New York city. 
 
 Norman E. Mack, Buffalo. 
 
 Douglas Mathewson, New York city. 
 
 S. Christy Mead, New York city. 
 
 Thomas W. Meachem, Syracuse. 
 
 Herman A. Metz, New York city. 
 
 Frederick Mollenhauer, New York city. 
 
 Eugene F. Moran, New York city. 
 
 Henry Morgenthau, New York city. 
 
 Henry Lewis Morris, New York city. 
 
Appointments 293 
 
 Daniel B. Murphy, Rochester. 
 Edward F. Murray, Troy. 
 Henry A. Myer, New York city. 
 John R. Myers, Rouses Point. 
 Wilham W. Niles, New York city. 
 Ludwig Nissen, New York city. 
 Lewis Nixon, New York city. 
 Edward Norris, Utica. 
 Frank S. Oakes, Cattaraugus. 
 John F. O'Rourke, New York city. 
 H. R. Peck, Syracuse. 
 Thomas A. Penny, Rensselaer. 
 George W. Perkins, New York city. 
 Edwin S. Piper, New York city. 
 Charles H. Poole, Utica. 
 Sereno S. Pratt, New York city. 
 George Price, New York city. 
 CorneHus A. Pugsley, Peekskill. 
 Thomas L. Quigley, Buffalo. 
 Thomas J. Quinn, New York city. 
 Charles E. Reid, New York city. 
 P. J. Reville, New York city. 
 Herman Ridder, New York city. 
 Christopher W. Riley, Rensselaer. 
 William E. Robertson, Buffalo. 
 Jeremiah P. Robinson, New York city. 
 William J. Roche, Troy. 
 Robert H. Rogers, Schenectady. 
 L. A. Rose, Rensselaer. 
 Simon F. Rothschild, New York city. 
 William B. Ruddick, New York city. 
 Jacob Ruppert, Jr., New York city. 
 
294 Public Papers of Governor Dix 
 
 Samuel Saunders, New York city. 
 Philip G. Schaefer, Buffalo. 
 Morris S. Schector, New York city. 
 William Jay Schieffelin, New York city. 
 Charles A. Schieren, New York city. 
 J. H. Schuman, New York city. 
 George S. Sherman, AVatertown. 
 James Shevlin, New York city. 
 John A. Sleicher, New York city. 
 William Sloane, New York city. 
 Robert A. C. Smith, New York city. 
 Arthur S. Somers, New York city. 
 Thomas Spratt, Ogdensburg. 
 John F. Steeves, New York city. 
 Charles D. Stenser, New York city. 
 Olin J. Stephens, New York city. 
 Stephen J. Stilwell, New York city. 
 E. Piatt Stratton, Flushing. 
 Nathan Straus, New York city. 
 Andrew T. Sullivan, New York city. 
 Michael J. Sullivan, New York city. 
 Edward R. Taylor, Penn Yan. 
 Calvin Tomkins, New York city. 
 Henry R. Towne, New York city. 
 William Townsend, Utica. 
 Albert H. Tracy, Jr., Buffalo. 
 Marcus H. Tracy, New York city. 
 Charles E. Treman, Ithaca. 
 Theodore Trimmer, New York city. 
 Dell L. Tuttle, Buffalo. 
 George F. Underwood, New York city. 
 Thomas I. Van Antwerp, Albany. 
 
Appointments 295 
 
 Louis O. Van Doren, New York city. 
 Michael J. Walsh, Yonkers. 
 Martin Walter, New York city. 
 Walter P. Warren, Troy. 
 John W. Weber, New York city. 
 Smith M. Weed, Plattsburg. 
 Alphonse Weiner, New York city. 
 James L. Wells, New York city. 
 Alfred T. White, New York city. 
 Horace White, Syracuse. 
 Martin J. White, New York city. 
 \y. Irving Williams, Rensselaer. 
 George T. Wilson, New York city. 
 George W. Wilson, New York city. 
 Charles M. Winchester, Albany. 
 Louis Windmuller, New York city. 
 Frank S. Witherbee, New York city. 
 Walter C. Witherbee, Port Henry. 
 Frank W. Woolworth, New York city. 
 John Yule, New York city. 
 
 Annual Convention of the American Road Builders' 
 Association 
 
 November 27. Delegates to the Annual Convention of 
 the American Road Builders' Association, to be held in 
 Cincinnati, Ohio, December 3 
 
 C. Gordon Reel, of Kingston. 
 Charles E. Treman, of Ithaca. 
 George E. Van Kennen, Ogdensburg. 
 George Foster Peabody, Lake George. 
 Robert F Wagner, New York city. 
 Fred Douglas, Canandaigua. 
 
296 Public Papers of Governor Dix 
 
 Michael J. Murray, Owego. 
 
 E. F. Van Hoesen, Albany. 
 
 John Flanagan, Malone. 
 
 Beverly Fleet, Albany. 
 
 Everett Fowler, Kingston. 
 
 Lewis Stuyvesant Chanler, Barrytown. 
 
 William J. Morrissey, Saratoga Springs. 
 
 Frank Tracey, Apalachin. 
 
 Ulster Davis, Rensselaer. 
 
 M. L. Ellis, Elmira. 
 
 E. J. Wulff, Tarrytown. 
 
 A. L. Van Tassell, Treadwell. 
 James F Loughran, Kingston. 
 J. C. Dayton, Auburn. 
 
 B. F. Rice, Friendship. 
 T. Harvey Ferris, Utica. 
 Clayton L. Wheeler, Hancock. 
 George C. Diehl, Buffalo. 
 Alfred E. Smith, New York city. 
 Frank M. Patterson, New York city. 
 Edwin A. Merritt, Jr., Potsdam. 
 James J. Frawley, New York city. 
 Richard W. Sherman, Utica. 
 
 J. DuPratt White, Nyack. 
 Peter H. Troy, Poughkeepsie. 
 George H. Whitney, Mechanicville. 
 William P.Biggs, Trumansburg. 
 Robert H. Gittens, Niagara Falls. 
 George Washburn, Kingston. 
 E. L. Bailey, Patchogue. 
 A. J. Deer, Hornell. 
 Fay C. Parsons, Cortland. 
 D. B. Coleman, Cortland. 
 
Appointments 297 
 
 John F. Murtaugh, Elmira. 
 
 James W. Wadsworth, Geneseo. 
 
 William Jay, Bedford. 
 
 George Baird, Oneonta. 
 
 E. J. Bedell, Delmar. 
 
 Amasa J. Parker, Albany. 
 
 George A. Blauvelt, Monsey. 
 
 B. M. Patten, Long Island City. 
 
 Frank D. Lyon, Binghamton. 
 
 Fred Buck, Afton. 
 
 Franklin D. Roosevelt, Hyde Park. 
 
 J. Y. McClintock, Rochester. 
 
 J. H. Schwarzenbach, Hornell. 
 
 A. O. Smith, Port Jefferson. 
 
 A. C. Rapelje, Poughkeepsie. 
 
 Charles Van Amberg, Binghamton. 
 
 J. E. Hodgman, Saratoga Springs. 
 
 Walter F. Wilson, Louisville. 
 
 T. M. Prennen, Niagara Falls. 
 
 A. B. Kent, Nunda. . 
 
 Ira P. Cnibb, Canandaigua. i 
 
 Conference of the American Society for Judicial 
 Settlement of International Disputes 
 
 December 10. Delegates to the Conference of the 
 American Society for Judicial Settlement of International 
 Disputes, held at Washington, D. C, on December 20 
 
 Elihu Root, New York city. 
 
 James A. O' Gorman, New York city. 
 
 Joseph H. Choate, New York city. 
 
 William Church Osborn, New York city. 
 
 Seymour Van Santvoord, Troy. 
 
 Alton B. Parker, New York city. 
 
29S Public Papers of Governor Dix 
 
 John D. Kernan, Utica. 
 
 John.B. Stanchfield, New York city. 
 
 William B. Hoyt, Buffalo. 
 
 Meeting of the American Forestry Association 
 
 December 21. Delegates to the Annual Meeting of the 
 American Forestry Association, to be held in Washington, 
 D. C, on January 8, 191 3 
 
 George E. Van Kennen, Ogdensburg. 
 
 James W. Fleming, Troy. 
 
 John D. Moore, New York city. 
 
 Joseph F. Scott, Elmira. 
 
 George F. Underwood, New York city. 
 
 George W. Driscoll, Syracuse. 
 
 John R. Clancy, Syracuse. 
 
 Hugh P. Baker, Syracuse. 
 
 Benjamin F. Yoakum, Farmingdale. 
 
 George C. Boldt, New York city. 
 
 John N. Carlisle, Watertown. 
 
 Frederick H. Cox, Jamaica. 
 
 Caroline Bishop, Portage. 
 
 M. K. Dieter, Portage. 
 
 Meeting of the General Assembly of the Inter- 
 national Institute of Agriculture 
 
 December 21. Delegates to the Meeting of the General 
 Assembly of the International Institute of Agriculture; 
 also for the purpose of investigating the European system 
 of agricultural finance, to be held in Rome, Italy, in 
 May, 191 3 
 
 Liberty Hyde Bailey, of Ithaca. 
 Calvin J. Huson, of Penn Yan. 
 
VIII 
 DESIGNATIONS 
 
 [299] 
 
VIII 
 DESIGNATIONS 
 
 Designation of Justice George F Lyon to Serve as an 
 Associate Justice of the Appellate Division of tlie 
 Supreme Court of the Third Judicial Department 
 
 State of New York — Executive Chamber 
 
 In accordance with section 2 of article VI of the Con- 
 stitution and the statute in such case made and provided, 
 the 
 
 Honorable George F Lyon 
 of the city of Binghamton, county of Broome, who is a 
 Justice of the Supreme Court of the Sixth Judicial Dis- 
 trict, is hereby designated as- an Associate Justice of the 
 Appellate Division of the Supreme Court in and for the 
 Third Judicial Department, for a term of five years begiii- 
 tiing on the twelfth day of January, 191 2, in the place of 
 the Honorable Albert H. Sewell, whose term of office 
 has expired. 
 
 Given under my hand and the Privy Seal of the 
 State at the Capitol in the City of Albany this 
 [l. s.] twelfth day of January in the year of our Lord 
 one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor : 
 
 John A. Mason 
 
 Secretary to the Governor 
 
 [301] 
 
302 Public Papers of Governor Dtx 
 
 Designation of Justice John S. Lambert as Temporary- 
 Associate Justice of the Appellate Division of the 
 Supreme Court for the Fourth Judicial Department 
 
 State of New York — Executive Chamber 
 
 In accordance with section 2 of article VI of the Con- 
 stitution and the statute in such case made and provided, 
 the 
 
 Honorable John S. Lambert 
 of the village of Fredonia and county of Chautauqua, who 
 is a Justice of the Supreme Court for the Eighth Judicial 
 District, is hereby temporarily designated as an Associate 
 Justice of the Appellate Division of the Supreme Court 
 for the Fourth Judicial Department, it appearing to my 
 satisfaction upon the certification of the Honorable Peter 
 B. McLennan, the Presiding Justice thereof, that an ad- 
 ditional Associate Justice is necessary for the speedy dis- 
 jjosition of the business of the court. 
 
 Given under my hand and the Privy Seal of the 
 State at the Capitol in the City of Albany this 
 [l. S.J ninth day of October in the year of our Lord 
 one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor : 
 
 John A. Mason 
 
 Secretary to the Governor 
 
Designations 
 
 303 
 
 Designation of Justice John S. Lambert as Associate 
 Justice of tlie Appellate Division of the Supreme 
 Court for the Fourth Judicial Department 
 
 State of New York — Executive Chamber 
 
 It appearing to my satisfaction that the public interest 
 requires it; 
 
 Therefore, in accordance with section 2 of article VI 
 of the Constitution, the 
 
 Honorable John S. Lambert 
 of the village of Fredonia, and county of Chautauqua, 
 who is a Justice of the Supreme Court for the Eighth 
 Judicial District, is hereby designated as an Associate Jus- 
 tice of the Appellate Division of the Supreme Court in 
 and for the Fourth Judicial Department for the term of 
 five years beginning on the eighth day of November, 1912, 
 in the place of the Hon. Alfred Spring, deceased. 
 
 Given under my hand and the Privy Seal of the 
 
 State at the Capitol in the city of Albany this 
 
 [l. S.J eighth day of November in the year of our 
 
 Lord one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor: 
 
 John A. Mason 
 
 Secretary to the Governor 
 
304 Public Papers of Governor Dix 
 
 Designation of Justice Cliarles C. Van Kirk as Temporary 
 Associate Justice of the Appellate Division of the 
 Supreme Court for the Third Judicial Department 
 
 State of New York — Executive Chamber 
 
 In accordance with section 2 of article VI of the Con- 
 stitution and the statute in such case made and provided, 
 the 
 
 Honorable Charles C. Van Kirk 
 of the village of Greenwich, county of Washing- 
 ton, who is a Justice of the Supreme Court of 
 and for the i*'ourth Judicial District, is hereby 
 temporarily designated as an Associate Justice of 
 the Appellate Division of the Supreme Court for the Third 
 Judicial Department, it appearing to my satisfaction upon 
 the certification of the Honorable Walter Lloyd Smith, 
 the Presiding Justice thereof, that the Honorable John M. 
 Kellogg, heretofore designated to sit as an Associate Jus- 
 tice of the Appellate Division of the Supreme Court for 
 the Third Judicial Department, is absent and unable to 
 serve. 
 
 Given under my hand and the Privy Seal of the 
 State at the Capitol in the City of Albany this 
 
 [l. S.J twenty-first day of October in the year of our 
 Lord one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor : 
 
 John A. Mason 
 
 Secretary to the Governor 
 
Designations 305 
 
 Revocation of Designation of Justice Charles C. Van Kiric 
 as Temporary Associate Justice of the Appellate 
 Division of the Supreme Court of the Third Judi- 
 cial Department 
 
 State of New York — Executive Chamber 
 
 Whereas, the Honorable Walter Lloyd Smith, Presid- 
 ing Justice of the Appellate Division of the Supreme Court 
 for the Third Judicial Department, having certified to me 
 that the occasion for the appointment of the 
 
 Honorable Charles C. Van Kirk 
 as temporary Associate Justice of the Appellate Division 
 for said Department has ceased to exist; 
 
 Now, Therefore, in accordance with the statute in such 
 case made and provided, the designation heretofore made 
 of date of October twenty-first, .1912, of the Honorable 
 Charles C. Van Kirk to sit as an Associate Justice of the 
 Appellate Division of the Supreme Court in and for the 
 Third Department, is hereby revoked. 
 
 Given under my hand and the Privy Seal of the 
 
 State at the Capitol in the City of Albany this 
 
 [l. S.J twenty-second day of October in the year of 
 
 our Lord one thousand nine hundred and 
 
 twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor : 
 
 EcKFORD C. De Kay 
 
 Military Secretary to the Governor 
 
 20 
 
3o6 Public Papers of Governor Dix 
 
 Designation of the Attorney=Qeneral to attend a Term of 
 the Supreme Court to be held in New York County 
 in November, 1912, and Conduct a Criminal Action 
 Against Frank Zotti 
 
 State of New York — Executive Chamber 
 
 Albany. Noz'cinher 8, 1912 
 
 To the Honorable Thomas Carmody, The Attorney- 
 General of the State of Nciv York, Albany, N. Y. 
 
 Sir. — Pursuant to the provisions of section 62 of the 
 Executive Law, I hereby require that you, the Attorney- 
 General of this State, attend in person or by one of your 
 •deputies before any Grand Jury or Grand Juries drawn 
 in the Supreme Court in the county of New York for the 
 purpose of presenting to such Grand Jury or Grand Juries 
 the evidence in the case of People vs. Frank Zotti, and in 
 case an indictment is found by such Grand Jury, that you 
 in person or one of your deputies appear in the Supreme 
 Court in said county for the purpose of prosecuting such 
 indictment, and that you or one of your deputies act in 
 place and instead of the District Attorney of New York 
 ■county, who is disqualified from presenting this case by 
 reason of his having been the attorney for the accused 
 prior to his election as District Attorney, and that you 
 •exercise all the powers and perform all the duties con- 
 ferred upon you by this section 62 of the Executive Law 
 and the requirement made thereunder. 
 
 (Signed) JOHN A. DIX 
 
IX 
 SPECIAL TERMS OF COURT 
 
 [307J 
 
IX 
 
 SPECIAL TERMS OF COURT 
 
 Extraordinary Trial Term in Albany County 
 
 State of New York — Executive Chamber 
 
 It appearing to my satisfaction that the public interest 
 requires it; 
 
 Therefore, in accordance with the statute in such case 
 made and provided, I do hereby appoint an Extraordinary 
 Trial Term of the Supreme Court to be held at the Court 
 House in the city of Albany and county of Albany, on 
 Monday, the i6th day of September, 1912, at ten o'clock 
 in the forenoon of that day, and to continue so long as 
 may be necessary for the disposal of the business which 
 may be brought before it; and I do hereby designate the 
 
 Honorable Edgar S. K. Merrell 
 of Lowville, who is a Justice of the Supreme Court of the 
 Fifth Judicial District, to hold the said Extraordinary Trial 
 Term as hereinbefore described, and among other things, 
 to cause to be drawn according to law, a Grand Jury to 
 serve at said Extraordinary Trial Term of the Supreme 
 Court; and I do further direct that notice of such appoint- 
 ment be given by publication of this order once in each week 
 for three successive weeks in the Albany Argus, the Times- 
 Union, the Albany Journal, and the Knickerbocker-Press, 
 newspapers published at Albany in the county of Albany. 
 Given under my hand and the Privy Seal of the 
 State at the Capitol in the city of Albany this 
 [l. s.] fifteenth day of August in the year of our 
 Lord one thousand nine hundred and twelve. 
 (Signed) JOHN A. DIX 
 By the Governor: 
 
 John A. Mason 
 
 Secretary to the Governor 
 
 [309] ■ 
 
310 Public Papers of Governor Dix 
 
 Extraordinary Trial Term in New York County 
 
 State of New York — Executive Chamber 
 
 It appearing to my satisfaction that the public interest 
 requires it; 
 
 Therefore, in accordance with the statute in such case 
 made and provided, I do hereby appoint an Extraordinary 
 Trial Term of the Supreme Court to be held at the Crim- 
 inal Courts Building in the borough of Manhattan, county 
 and State of New York, on Tuesday, the 3rd day of 
 September, 1912, at ten o'clock in the forenoon of that day 
 and to continue so long as may be necessary for the dis- 
 posal of the business which may be brought before it ; and 
 I do hereby designate the 
 
 Honorable John W. Goff 
 
 of New York city, who is a Justice of the Supreme Court 
 of the First Judicial District, to hold the said Extraordi- 
 nary Trial Term as hereinbefore described, and I do fur- 
 ther direct that notice of such appointment be given by 
 publication of this order on August 22nd, 191 2, August 
 26th, 1912, and August 29th, 1912, in the New York Law 
 Journal, a newspaper published in the county of New 
 York. 
 
 Given under my hand and the Privy Seal of the 
 
 State at the Capitol in the city of Albany this 
 
 [l. s.] nineteenth day of August in the year of our 
 
 Lord one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor: 
 
 John A. Mason 
 
 Secretary to the Governor 
 
Special Terms of Court 311 
 
 Extraordinary Trial Term in New York County 
 
 State of New York — Executive Chamber 
 
 It appearing to my satisfaction that the pubHc interest 
 requires it; 
 
 Therefore, in accordance with the statute in such case 
 made and provided, I do hereby appoint an Extraordinary 
 Trial Term of the Supreme Court to be held at the Crim- 
 inal Courts Building in the borough of Manhattan, county 
 and State of New York, on Monday, the seventh day of 
 October, 1912, at ten o'clock in the forenoon of that day 
 and to continue so long as may be necessary for the dis- 
 posal of the business which may be brought before it; and 
 I do hereby designate the 
 
 Honorable John W. Goff 
 of New York city, who is a Justice of the Supreme Court 
 of the First Judicial District, to hold the said Extraordi- 
 nary Trial Term as hereinbefore described, and I do fur- 
 ther direct that notice of such appointment be given by 
 publication of this order once a week for three successive 
 weeks in the New York Law Journal, a newspaper pub- 
 lished in the county of New York. 
 
 Given under my hand and the Privy Seal of the 
 
 State at the Capitol in the city of Albany this 
 
 [l. S.J fourth day of September in the year of our 
 
 Lord one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 
 By the Governor: 
 
 John A. Mason 
 
 Secretary to the Governor 
 
312 Public Papers of Governor Dix 
 
 Letter from Wm. H. Hotchkiss, as State Chairman of 
 Natronal Progressive Party and Extraordinary Term 
 of the Appellate Division of the Third Judicial 
 Department at Albany, N. Y. 
 
 October 19, 1912 
 
 To Hon. John A. Dix, Governor of the State of Neiv York 
 
 Sir. — An order was this day made by Hon. Alden 
 Chester, Justice of the Supreme Court, denying an appli- 
 cation made on behalf of William H. Hotchkiss and others 
 of the National Progressive Party, restraining the Secre- 
 tary of State from placing upon the official ballot of the 
 Third Judicial District, under the name and emblem of 
 the National Progressive Party, the name of Gilbert D. B. 
 Hasbrouck as Justice of the Supreme Court for said Dis- 
 trict. It was claimed by the petitioners that the use of 
 such name' and emblem by the signers of the Hasbrouck 
 petition was wholly unauthorized and individually and on 
 behalf of the petitioners and of the National Progressive 
 Party I respectfully ask you to call an extraordinary term 
 of the Appellate Division of the Third Judicial Depart- 
 ment for Monday, October 21st, 1912, so that an appeal 
 from this order made by Mr. Justice Chester may be heard 
 before the final printing of the official ballots. 
 Yours respectfully, 
 
 WILLIAM H. HOTCHKISS 
 
 State of New York — Executive Chamber 
 
 Whereas, in my opinion the public interest requires an 
 Extraordinary Term of the Appellate Division of the Su- 
 preme Court of the Third Judicial Department, to be held 
 at the time hereinafter specified for the transaction of 
 
Special Terms of Court 313 
 
 such business as may come before it, I hereby designate 
 Monday, October 21st, 191 2, at two o'clock in the after- 
 noon as the time and at the Court Room set apart for the 
 session of the Appellate Division, Third Judicial Depart- 
 ment, of the Supreme Court, at the city of Albany, New 
 York, as the place for holding an Extraordinary Term of 
 said Appellate Division for the transaction of such business 
 as shall come before said court, and notice is hereby given 
 of such appointment. 
 
 In my judgment, it will be sufficient notice of the ap- 
 pointment that the same be published in the Albany Argus, 
 Monday, October 21, 191 2, and I direct that such notice 
 be published accordingly and that notice of the appointment 
 of said Extraordinary Term of the Appellate Division be 
 mailed to each of the Justices composing said Appellate 
 Division at their place of residence on said day. 
 
 Given under my hand and the Privy Seal of the 
 State at the Capitol in the city of Albany this 
 
 [l. S.J nineteenth day of October in the year of our 
 Lord one thousand nine hundred and twelve. 
 (Signed) JOHN A. DIX 
 By the Governor : 
 
 EcKFORD C. De Kay 
 
 Military Secretary to the Governor 
 
 Extraordinary Term of the Appellate Division of the 
 Second Judicial Department, at Brooklyn, N. Y. 
 
 State of New York — Executive Chamber 
 Whereas, in my opinion the public interest requires an 
 Extraordinary Term of the Appellate Division of the Su- 
 preme Court of the Second Judicial Department, to be held 
 
314 Public Papers of Governor Dix 
 
 at the time hereinafter specified for the transaction of such 
 business as may come before it, I hereby designate Mon- 
 day, October 28th, 1912, at two o'clock in the afternoon 
 as the time and at the Court Room set apart for the ses- 
 sion of the Apijellate Division, Second Judicial Depart- 
 ment, of the Supreme Court, in the borough of Brooklyn, 
 city of New York as the place for holding an Extraordi- 
 nary Term of said Appellate Division for the transaction 
 of such business as shall come before said court, and notice 
 is hereby given of such appointment. 
 
 In my judgment it will be sufficient notice of the ap- 
 pointment that the same be published in the Albany Argus, 
 a newspaper published at Albany, New York, and the New 
 York Law Journal, a newspaper published at New York 
 city. New York, Saturday, October 26, 1912, and Monday, 
 October 28, 191 2, and I direct that such notice be pub- 
 lished accordingly and that notice of the appointment of 
 said Extraordinary Term of the Appellate Division be 
 mailed to each of the Justices composing said Appellate 
 Division at their place of residence on said day. 
 
 Given under my hand and the Privy Seal of the 
 
 State at the Capitol in the city of Albany this 
 [l. S.J twenty-fifth day of October in the year of our 
 
 Lord one thousand nine hundred and twelve. 
 (Signed) JOHN A. DIX 
 By the Governor : 
 
 EcKFORD C. De Kay 
 
 Military Secretary to the Governor 
 
X 
 
 REMOVAL PROCEEDINGS AND INVESTI- 
 CATIONS 
 
 13-^ 5l 
 
X 
 
 REMOVAL PROCEEDINGS AND INVESTIGATIONS 
 
 Governor's Opinion and Decision 
 
 State of New York — Executive Chamber 
 
 February 2, 1912 
 
 In the Matter of Charges against Claude B. Alverson, 
 District Attorney of the County of Jefferson; and of 
 an Application for the Appointment of Special Counsel 
 to Prosecute Criminal Charges against Thomas J. 
 Acheson, formerly Supervisor of the Town of Phila- 
 delphia, in said County 
 
 In 1910, Thomas J. Acheson, then a Supervisor of the 
 Town of Philadelphia in Jefferson County, was arrested 
 on a charge of grand larceny, waived examination and 
 was held for the Grand Jury. The case was forthwith 
 presented to the Grand Jury by Fred B. Pitcher, then 
 District Attorney of Jefiferson County. No indictment 
 was found. 
 
 Certain citizens of said town thereupon made applica- 
 tion to the Appellate Division of the Supreme Court for 
 the removal of said Supervisor. A referee was appointed 
 to hear the charges, and in April, 191 1, made a report in 
 favor of the removal of said Acheson, which report was 
 confirmed by the Appellate Division, May 2nd, 191 1. 
 
 In January, 191 1, Claude B. Alverson became District 
 Attorney of Jefiferson County. The proceedings against 
 Acheson were brought to his attention by the attorney 
 who had been in charge of the prosecution, with an earn- 
 est suggestion that the District Attorney should again 
 submit the matter to the next Grand Jury. In support 
 of his suggestion, the Report of the referee in favor of 
 
 [317] 
 
3i8 Public Papers of Governor Dix 
 
 the removal of Acheson, and its subsequent confirmation 
 by the Appellate Division, were thereafter likewise 
 brought to the attention of the District Attorney. No 
 further action has been taken by the District Atorney, 
 alhough a Grand Jury for Jefiferson County was convened 
 last fall, after all the above facts were known to the Dis- 
 trict Attorney. 
 
 In the latter part of Decembei", 191 1, a petition was 
 filed with the Governor by Charles Shannon of the Town 
 of Philadelphia, Jefiferson County, asking for the removal 
 of the District Attorney of said county on the ground that 
 he had been derelict in his duty in failing to make such 
 second presentment to the Grand Jury; and about the 
 same time another petition, signed by several citizens of 
 said county, was filed, requesting that special counsel be 
 assigned to prosecute the case in place of the District 
 Attorney. The moving papers disclose that there has 
 been no direct demand upon the District Attorney to 
 again submit the case to the Grand Jury, but belief is 
 expressed that the District Attorney " has no intention " 
 of pressing said charges ; and one of the supporting affi- 
 davits alleges that " it looks as though he (the District 
 Attorney) was disinclined to take any steps in the mat- 
 ter because of his former relations with Mr. Acheson as 
 a colleague in the Board of Supervisors." 
 
 Section 270 of the Code of Criminal Procedure pro- 
 vides that " the dismissal of a charge does not, however, 
 prevent its being again submitted to a Grand Jury as 
 often as the Court may so direct, but without such direc- 
 tion it cannot again be submitted." 
 
 The record shows that Acheson has been found guilty 
 of a criminal ofifense ; but that fact is material to the pres- 
 
Removal Proceedings and Investigations 319 
 
 ent inquiry only if it is made clear that the District At- 
 torney knew, or had reason to believe in the existence 
 of legal evidence of such criminal offense other than that 
 which had been submitted by his predecessor in office 
 to the Grand Jury. The District Attorney denies under 
 oath knowledge of any such additional evidence, and I 
 do not find in the record either proof of such evidence 
 or indication that the District Attorney had reason to 
 believe that it existed. Whether he ever declared his 
 personal behef in Acheson's guilt — as to which there is 
 a conflict between him and the petitioner's attorney — 
 is immaterial. The vital question is not whether the Dis- 
 trict Attorney believed Acheson guilty, but whether he 
 had evidence other than that which had been submitted 
 to the former Grand Jury upon which an indictment 
 might fairly be urged. Application to the Court for an 
 order under the section above quoted is invariably based 
 upon affidavit of facts ; and as it has been said in a recent 
 case, " to permit the District Attorney, because he does 
 not agree with the Grand Jury, to continue re-submitting 
 complaints to other Grand Juries until one can be found 
 to agree with him, is to place in his hands a power of 
 persecution which the Court is unwilling to sanction. 
 The verdict or decision of a Grand Jury is justly entitled 
 to great weight, and should not be lightly brushed aside 
 or ignored." (People vs. Neidhart, 35 Misc. 191.) 
 
 The facts in this case seem to indicate a determination 
 on the part of certain citizens to press a criminal charge 
 against a former office-holder who, although removed 
 from office on the ground that he had been technically 
 guilty of larceny, a Grand Jury of the neighborhood has 
 refused to indict. In the report of the referee in the pro- 
 
320 Public Papers of Governor Dix 
 
 ceedings for the removal of Acheson is the following 
 finding of fact : 
 
 " That upon a fair and equitable adjustment of 
 accounts between Acheson and the Town of Phila- 
 delphia, disregarding the statute of limitations and 
 the fact that the claims were not presented for audit 
 (referring to certain of Acheson's claims against the 
 Town), he is not indebted to the Town in any sum 
 whatsoever, but, on the contrary, the Town is in- 
 debted to him in a considerable sum." 
 
 It is a well-known fact that there are occasions where 
 it is impossible, to punish by indictment the commission 
 of certain technical offenses, because of a belief in the 
 existence of some extenuating facts which create a pubHc 
 sentiment in favor of the accused, or because of other 
 reasons which give rise to a sentiment adverse to further 
 attempt at prosecution. I am not sure that such is not 
 the situation in this particular case. It is, of course, 
 possible that there may nevertheless have been an error 
 of judgment on the part of the District Attorney in de- 
 ciding that, under the circumstances, it was not his duty 
 to apply to the Supreme Court for an order to re-submit 
 the case ; although if, as he swears (and there is nothing 
 in the record to contradict his deposition on this point), 
 he knew of no facts upon which to base a sufficient affi- 
 davit for use in such an application, it would seem that, 
 in the conscientious discharge of his duty, he was not 
 called upon to make such application. But even if such 
 an error of judgment on his part might fairly be pre- 
 dicted, it may be said that if all ofifice-holders who have 
 similarly erred were thereby removed from office, it 
 
Removal Proceedings and Investigations 321 
 
 would be necessary, in this State, to order a general 
 election to fill all public offices from Governor down to 
 Legal Adviser to the Governor — if the latter office, per- 
 haps fortunately for the present incumbent, did not hap- 
 pen to be appointive. 
 
 The moving papers allege, upon information and belief, 
 that one of the members of the Grand Jury to whom the 
 case was submitted " exerted constant influence with 
 members of the Grand Jury against an indictment, and 
 deponent believes that such member of the Jury was 
 in communication, during the hearing, either with Ache- 
 son or with some one interested in his behalf ;" but it is 
 admitted in the same affidavit that the deponent had 
 " no legal proof " of these assertions, and that he so in- 
 formed the District Attorney. 
 
 Upon the foregoing facts, and upon all of the record, 
 I decide that the District Attorney has not been derelict 
 in his official duty, and that the charges against him 
 should accordingly be dismissed. 
 
 The application for appointment of special counsel to 
 prosecute Acheson, in place of the District Attorney, is 
 based upon the following allegation : 
 
 " It was charged during his (the District 
 Attorney's) campaign for election that, if elected, he 
 would not dare to prosecute any member of the 
 Board of Supervisors who really brought about his 
 nomination. Deponent and the citizens who are in- 
 terested in the matter do not feel hke urging Mr. 
 Acheson's prosecution for fear of a half-hearted pros- 
 ecution, and in addition to that, he is an attorney 
 with only a small experience, and there is some ques- 
 tion whether he is sufficiently experienced to handle 
 such an important case as well as it ought to be." 
 21 
 
322 Public Papers of Governor Dix 
 
 The District Attorney was put into office by a majority 
 vote of the Jefferson County electorate. To supersede 
 him in the discharge of his constitutional functions, humil- 
 iate him by the appointment of a special prosecutor, and 
 to subject the people to the incidental additional expense, 
 because some citizens consider him too young and inex- 
 perienced and lacking in honor and integrity, would be 
 subversive of the spirit of the Constitution. If unqualified 
 for his office by reason of the facts stated, he should not 
 have been chosen. Only in a public emergency should 
 the public prosecutor chosen by a majority be displaced 
 for a public prosecutor chosen at the instance of a few. 
 It is inconceivable that such an emergency exists in Jef- 
 ferson County, when its Bar Association by an over- 
 whelming majority, after examining, through a commit- 
 tee specially appointed for the purpose, the charges which 
 have been made, has seen fit, without regard to political 
 affiliations, to declare its belief, and cause the same to be 
 incorporated in the record, that " the charges against the 
 District Attorney are unfounded, and that he has acted in 
 the Acheson matter for the best interests of the county, 
 in good faith, with sound judgment, and in compliance 
 with the provisions of the Code of Criminal Procedure 
 and decisions of the Courts " — at the same time express- 
 ing " its complete confidence in both his honesty and 
 ability in the discharge of his official duties." It is like- 
 wise inconceivable that such a testimonial would have 
 been deliberately given in favor of a conspicuously unfit, 
 untrustworthy or incompetent public officer. 
 
 The application for the appointment of special counsel 
 is accordingly also denied. 
 
 (Signed) JOHN A. DIX 
 
Removal Proceedings and Investigations 323 
 
 Governor's Opinion, Decision and Order of Removal 
 
 State of New York — Executive Chamber 
 
 February 8, 19 12 
 
 In the Matter of the Charges against Frederick Wyker, 
 Sheriff of Onondaga County 
 
 Memorandum of the Governor's Decision 
 After reciting the proceedings and quoting the essen- 
 tial findings of material facts reported by Mr. Justice 
 DeAngelis, the opinion of the Governor reads as follows : 
 
 " Examination of the evidence upon which Mr. Justice 
 DeAngelis' report is founded convinces me that all of his 
 material findings, including those specifically above stated, 
 are fully sustained by the proof. 
 
 5{C ^ 5}! 1|- ^ ^ 
 
 " It is alleged on the part of the respondent that those 
 who participated in this scheme acted alone from the 
 praiseworthy motive of furnishing employment to the 
 convicts during the winter months. But however ele- 
 vated 'the motive of a transaction which possesses so 
 many questionable and suspicious features, it was never- 
 theless plainly and manifestly an evasion of the Consti- 
 tution, and as such in violation of the prime duty of 
 citizenship on the part of all who knowingly participated 
 in it. 
 
 " Counsel for respondent has advanced an elaborate 
 argument upon the duty and propriety of furnishing work 
 to the inmates of prisons; and has further attempted to 
 justify this particular employment of prison labor by 
 citing its apparent approval by the State Commission of 
 Prisons. The wisdom, and indeed the duty of compelling 
 
324 Public Papers of Governor Dix 
 
 those confined in prison to work, and to work steadil3% 
 cannot be too forcibly urged. But all arguments of this 
 sort must fall to the ground in the face of a positive con- 
 stitutional prohibition of employing prison labor under 
 a farming out contract with individuals : the expressed 
 will of the people in its basic governmental compact, how- 
 ever its wisdom may be questioned, must control. It is 
 as shocking as it is presumptuous, in those entrusted with 
 the management of public affairs, to thwart the provisions 
 of the very instrument by virtue of which public affairs 
 are administered under cover of whatsoever allegation 
 of expediency or humanity. As for the alleged approval 
 of the Commission on Prisons, it need only be said that 
 that if the latter inquired into the matter at all. it would 
 naturally have rested on the contract under which the 
 prison labor was employed ; and this, as before stated, 
 was, in form, between the penitentiary and a political 
 division of the State. The fact that the contract was 
 actually for the account and benefit of an individual did 
 not appear in the record available for the Commission's 
 examination ; and the gravamen of the ofifense is espe- 
 cially in the fact that the contracts constituted in them- 
 selves a falsehood and were designed to mislead. 
 
 " It seems to me that the facts found and reported by 
 the learned Justice clearly sustain the charge of miscon- 
 duct, and I deem it proper to add that even if such charge 
 had not been technically proven I should be unable to 
 avoid the conviction that under all the circumstances the 
 usefulness of the respondent in the office of Sherifif is at 
 an end. These being my conclusions, I decide that he 
 shall forthwith be removed from said office." 
 
 (Signed) JOHN A. DIX 
 
Removal Proceedings and Investigations 325 
 
 State of New York — Executive Chamber 
 
 In the Matter of the Charges against Frederick Wyker, 
 Sheriff of Onondaga County 
 
 Charges of misconduct in office having been heretofore 
 formally presented to me against Frederick Wyker, 
 Sheriff of Onondaga county; and a copy of the said 
 charges having been served upon the said Wyker and 
 he having filed an answer denying the alleged charges ; 
 and I having designated the Honorable Pascal C. J. 
 DeAngelis, a Justice of the Supreme Court in and for the 
 Fifth Judicial District, to take the evidence in the pro- 
 ceedings and to report to me the material facts deemed 
 by him to be estabhshed; and he having heard all testi- 
 mony presented in support of said charges and in refuta- 
 tion thereof, and having reported the same to me, to- 
 gether with a statement of the material facts which he 
 deems to have been established by the evidence; and 
 briefs having been filed by the attorneys for the parties ; 
 and it appearing to me, after a careful consideration of 
 said report and of all the papers and proceedings in the 
 matter, that certain of said charges are true and that the 
 usefulness of the respondent in the office of Sheriff of 
 Onondaga county is at an end ; it is therefore 
 
 Ordered, that the said Frederick Wyker be and he 
 hereby is removed from the office of Sheriff of the county 
 of Onondaga. 
 
 Given under my hand and the Privy Seal of the 
 
 State at the Capitol, in the city of Albany, 
 [l. S.J this eighth day of February in the year of our 
 
 Lord one thousand nine hundred and twelve. 
 
 „ , r. (Signed) JOHN A. DIX 
 
 By the Governor: v s / j 
 
 John A. Mason 
 
 Secretary to the Governor 
 
326 Public Papers of Governor Dix 
 
 Appointment of Spencer L. Dawes, M. D., to Investigate 
 the Admission, Maintenance and Deportation of 
 Alien Insane in State Hospitals 
 
 State of New York — Executive Chamber 
 To All to IVhoin these Presents shall Come, Greeting 
 
 Know Ye, That pursuant to section 8 of the Executive 
 Law, I have appointed and by these presents do appoint 
 
 Spencer L. Dawes, M. D., 
 
 of Albany, to examine and investigate the matter of the 
 admission, care, maintenance and deportation of ahen in- 
 sane in the State Hospitals ; to ascertain the number and 
 the cost to the State of the maintenance of such alien 
 insane; to formulate and report a plan for securing Fed- 
 eral legislation for the deportation of such alien insane; 
 and to investigate and determine the amount of the ecjuita- 
 ble claim of the State against the Federal government for 
 the expenses incurred by the State in the care and main- 
 tenance of such alien insane. 
 
 The said Spencer L. Dawes is hereby empowered to sub- 
 poena and enforce the attendance of witnesss, to administer 
 oaths, and examine witnesses under oath, and to rec|uire 
 the production of any books or papers deemed relevant or 
 material ; 
 
 And I hereby give and grant unto said Spencer L. 
 Dawes all and singular the powers and authorities which 
 
Removal Proceedings and Investigations 327 
 
 may be given or granted unto a person appointed by me 
 for such purpose under authority of the statute aforesaid. 
 
 In Witness Whereof, I have subscribed my name 
 to these presents and caused the Privy Seal of 
 [l. S.J the State to be affixed hereto at the Capitol in 
 the city of Albany this sixteenth day of March 
 in the year of our Lord one thousand nine 
 hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor : 
 
 John A. Mason 
 
 Secretary to the Governor 
 
 Appointment of Spencer L. Dawes, M. D., to Investigate 
 tlie Affairs of the State Commission in Lunacy 
 
 State of New York — Executive Chamber 
 
 To All to Whom These Presents Shall Come, Greeting 
 
 Know Ye, That pursuant to section 8 of the Executive 
 Law, I have appointed and by these presents do appoint 
 
 Spencer L. Dawes, M. D., 
 
 of Albany, to examine and investigate the management 
 and affairs of the State Commission in Lunacy, now 
 designated the State Hospital Commission, and of the 
 Bureau of Deportation in regard to the alien insane in 
 the State of New York and the matters and things re- 
 lating thereto, and particularly as to the admission and 
 deportation of said alien insane, the number of such alien 
 
328 Public Papers of Governor Dix 
 
 insane in the State hospitals, the cost to the State of New- 
 York of their maintenance, the amount of the claim, if 
 any, which the State may have against the United States 
 for the expenses incurred by the State on account of the 
 ahen insane, and for the purpose of formulating and 
 reporting his conclusions and recommendations thereon. 
 
 The said Spencer L. Dawes is hereby empowered to 
 subpoena and enforce the attendance of witnesses, to 
 administer oaths, and examine witnesses under oath, and 
 to require the production of any books or papers deemed 
 relevant or material ; 
 
 And I hereby give and grant unto said Spencer L. 
 Dawes all and singular the powers and authorities which 
 may be given or granted unto a person appointed by me 
 for such purpose under authority of the statute aforesaid. 
 
 In Witness ^\'HEKEOF. I have subscribed my name 
 to these presents and caused the Privy Seal 
 of the State to be affixed hereto at the Capi- 
 [l. s.] tol, in the city of Albany, this sixth day of 
 August in the year of our Lord one thousand 
 nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor: 
 
 John A. Mason 
 
 Secretary to the Governor 
 
Removal Proceedings and Investigations 329 
 
 Governor Dix on the Report Made by Dr. Spencer L. 
 Dawes, Concerning the Alien Insane in New York 
 State 
 
 Albany, N. Y., December 24, 1912 
 In March of this year I appomted Dr. Spencer L. 
 Dawes, of Albany, Commissioner to examine into the 
 question of the ahen insane in New York State, which 
 involves not only a large financial burden but a serious 
 problem in eugenics for New York as well as the country 
 at large. 
 
 Since his appointment Dr. Dawes has held numerous 
 public hearings at the various State hospitals and in the 
 cities of Albany and New York. He will make his report 
 within the next few months, and I believe that his recom- 
 mendations will be of the greatest value toward reaching 
 a solution of both the financial and eugenic phases of the 
 question. Some idea of the burden undertaken by this 
 State in the care of its insane may be obtained from the 
 fact that the Legislature of 191 3 will be asked to appro- 
 priate $11,792,704 for the insane, an increase of 
 $3,422,318 over the amount required in 1912. The 
 average cost of maintenance per annum for each patient 
 in our State hospitals exceeds $250, and as there are 
 thousands of ahen insane patients, we begin to realize 
 the annual cost of these unfortunates to our taxpayers. 
 As the average hospital life of the insane patient is prob- 
 ably upwards of ten years, the total cost of maintenance 
 runs into the milHons. 
 
 The problem of the alien insane presents a curious 
 anomaly. The Federal government alone decides who 
 shall enter this country, but makes practically no pro- 
 visions for the care of those entering who become inca- 
 pacitated through mental deficiencies. The .entire burden 
 
330 Public Papers of Governor Dix 
 
 of this care falls on the several States. Moreover, the 
 United States alone has the right to deport the insane, 
 and this only within the three years' limit of the Federal 
 law and from causes arising before landing. The States 
 may only repatriate insane patients when they go volun- 
 tarily. The insane deported by the Federal government 
 are returned to their homes abroad by the steamship 
 companies at practically no expense to the government, 
 while the entire expense of the return of the insane whom 
 this State repatriates is paid by the State. It would seem 
 only fair that if the Federal government is to control 
 entirely the admission and return of those entering this 
 country, that it and not the several States should foot the 
 bills for the care of the mental defectives it admits but 
 does not send home. 
 
 During the fiscal year ending September 30, 1912, the 
 State of New York returned to foreign countries through 
 the United States Immigration Service and its own 
 efforts 1,171 insane, as against 784 in the previous year, 
 and to other States 582 insane, as against 342, a total of 
 1,753 for 1912, as against a total of 1,126 for 191 1, an 
 increase of 55.7 per cent. The result of this work should 
 reduce, during the coming year, the abnormal increase 
 in recent )'ears in our insane hospital population. It also 
 indicates in some degree what relief should be experi- 
 enced by the taxpayers of New York and other States 
 if the entire problem of the alien insane should be ade- 
 quately solved through appropriate Federal legislation. 
 
 When Dr. Dawes has completed his report he intends 
 to assemble a convention of officials and others interested 
 from the States most afifected by the problem of the alien 
 insane, to consider, adopt and urge upon Congress 
 remedial legislation. 
 
Removal Proceedings and Investigations 331 
 
 Matter of Investigation of Abandoned State Canal in 
 Buffalo, Alleged to be a Public Nuisance 
 
 State of New York — Executive Chamber 
 Eugene H. Porter, Commissioner of Health 
 
 Order of the Governor 
 Whereas, complaint in writing by certain taxpayers and 
 residents of the city of Buffalo, Erie county, New York, 
 having been made to me, whereby it is alleged that there 
 exists a public nuisance in the form of an abandoned State 
 slip or canal, in the said city of Buffalo, between Hanover 
 and Lloyd streets, commencing on the westerly side of 
 Main street and extending westerly therefrom, draining 
 and emptying into Commercial slip, a branch of the Erie 
 canal in said city; 
 
 And, that the city of Buffalo has been duly notified of 
 said nuisance and has wholly failed to remedy and abate 
 the same; and praying that the same may be declared a 
 public nuisance and that an order for the abatement and 
 removal thereof shall be issued by the Executive; 
 
 Now, in pursuance of the statute in such case made and 
 provided, to wit, section 6 of the Public Health Law, you 
 are hereby required to make an examination into said 
 alleged nuisance and report the results thereof on or before 
 the twenty-fifth day of July, 1912. 
 
 Given under my hand and the Privy Seal of the 
 State at the Capitol in the city of Albany this 
 [l. S.J sixteenth day of July, one thousand nine hun- 
 dred and twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor : 
 
 EcKFORD C. De Kay 
 
 Military Secretary to the Governor 
 
332 Public Papers of Governor Dix 
 
 Order of the Governor Declaring Abandoned Canal at 
 Buffalo a Public Nuisance and Requiring its 
 Immediate Abatement 
 
 State of New York — Executive Chamber 
 
 In the Matter of the Investigation of the Coininissioner of 
 Health into an Alleged Public Nuisance in the Form 
 of an Abandoned State Slip or Canal in the City of 
 Buffalo, Neil' York 
 
 Order of the Governor 
 
 An order having been made by me under date of July 
 i6th, 1912, directing the Commissioner of Health to make 
 an examination into an alleged public nuisance in the form 
 of an abandoned State slip or canal in the city of Buffalo, 
 between Hanover and Lloyd streets, commencing on the 
 westerly side of Main street and extending westerh' there- 
 from, draining and empt\-ing into Commercial slip, a 
 branch of the Erie canal in said city ; and the Commis- 
 sioner of Health having returned to me his report of such 
 examination under date of July 20th, 1912, wherein, it is 
 among other things found and reported as follows : 
 
 First, the " Slip " which is the alleged source of the 
 public nuisance complained of comprises a short section of 
 what was originally Little Buffalo creek, a natural water- 
 way tributary to Buffalo creek. It may be said to com- 
 prise a short canal prism some two hundred and fifty feet 
 long and of a width varying from fifty to seventy-five 
 feet, lying west of Main street and extending" to Com- 
 mercial slip. In alignment it forms an extension or con- 
 tinuation southerly from the westerly end of the Erie 
 canal. Commercial slip lies westerly at this point at right 
 angles to a line of the Erie canal and connects with Buffalo 
 
Removal Proceedings and Investigations 333 
 
 creek, which is the principal feeder to the westerly section 
 of the Erie canal. This " Slip," therefore, on account of 
 its physical features and location is in effect a stagnant 
 basin or settling tank, fed by the combined flow of drain- 
 age water and sewage from the large covered drainage 
 canal entering at Main street. 
 
 Second, that there exists in and about this " Slip " in 
 the city of Buffalo, running from Main street to the Com- 
 mercial slip, a public nuisance in the nature of unsightly 
 floating sewage matters and offensive odors, arising from 
 the drainage and sewage discharged therein, through the 
 large covered drain entering this " Slip " on the west side 
 of Main street, and that this nuisance affects the health and 
 comfort of a considerable number of persons who live 
 along or use as thoroughfares the streets in this vicinity. 
 
 Now, THEREFORE, after i-eading said report, I do hereby 
 approve the same and declare the matters therein stated 
 and specifically described to be a public nuisance, for a 
 more particular description of which and of its exact loca- 
 tion, reference ma}- be had to the aforesaid report of the 
 Commissioner of Health, which for such purpose is to be 
 considered a part of this order, and I hereby order and 
 direct that the said public nuisance shall be immediately 
 abated. 
 
 Given under my hand and the Privy Seal of the 
 State at the Capitol in the city of Albany this 
 
 [l. s.] twenty-sixth day of November in the year of 
 our Lord one thousand nine hundred and twelve. 
 (Signed) JOHN A. DIX 
 By the Govei'nor: 
 
 EcKFORD C. De Kay 
 
 Military Secretary to the Governor 
 
334 Public Papers of Governor Dix 
 
 Proceedings for the Removal of the District Attorney of 
 Queens County. Notice and Summons 
 
 State of New York — Executive Chamber 
 
 In the Matter of the Charges against Matthew J. Smith, 
 District Attorney of the County of Queens 
 
 Notice and Summons 
 
 To Matthew J. Smith, District Attorney of the County of 
 Queens 
 
 You are hereby notified that charges have been pre- 
 ferred against you, and that your removal from the office 
 of District Attorney of the County of Queens thereon has 
 been asked by Samuel Piser, a resident of the city of New 
 York. 
 
 A copy of such charges is herewith served upon you. 
 
 I hereby fix the fourth day of December, 1912, at 12 
 o'clock, noon, in the Executive Chamber, as the date on 
 or before which your answer to said charges shall be filed 
 with me; and you are further notified that on said fourth 
 day of December, 1912, or on such later day or days as 
 may be appointed by me, you will be afforded an oppor- 
 tunity of being heard in your defense. 
 
 In Witness Whereof, I have hereunto set my 
 
 hand and affixed the Privy Seal of the State 
 
 [l. S.J this twenty-fifth day of November in the year 
 
 of our Lord one thousand nine hundred and 
 
 twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor: 
 
 Eckford C. De Kay 
 
 Military Secretary to the Governor 
 
Removal Proceedings and Investigations 33 s 
 
 Opinion, Determination and Order of Governor Dismiss^ 
 
 ing Charges 
 
 State of New York — Executive Chamber 
 
 Albany, December 16, 19 12 
 
 In the Matter of Charges against Matthetn J. Smith, 
 District Attorney of Queens County 
 
 Opinion and Determination of The Governor 
 Under date of October 19, 191 2, charges were filed 
 with the Governor to the effect that Matthew J. Smith, 
 District Attorney of Queens county, has during the year 
 1912 been guilty of malfeasance and misfeasance in office 
 and of misconduct, incompetency, neglect, waste and vio- 
 lation of law in the administration of his ofifice. The 
 petition contains twelve separate charges, all of which 
 are set forth upon information and belief only, and with- 
 out a word as to the source of the information or the 
 grounds of the belief upon which the accusation rests. 
 Some of the charges are trivial, and even if proved would 
 not justify removal from office. Other than in the state- 
 ment that " he is a citizen and resident of the State of 
 New York," the petitioner does not disclose his residence 
 or place of business ; nor does he mention his occupation. 
 He asks that if, after giving the District Attorney an 
 opportunity to be heard in his defense, the charges ap- 
 pear to be sustained, the District Attorney shall be 
 removed from office. 
 
 Attempts to secure removal from public office by the 
 Governor through charges based on information and 
 belief, without any statement of the source of such infor- 
 mation and the grounds of such belief, preferred by a 
 
336 Public Papers of Governor Dix 
 
 person who does not appear to be even a resident of the 
 county where the accused official resides, ought not to 
 be encouraged. In my opinion, as a general rule charges 
 preferred in such a way ought not to be entertained. 
 The constitutional power of the Governor to put certain 
 officials on trial for misconduct in office should not be 
 lightly invoked. The incumbents of elective offices and 
 the constituencies which have elected them have rights 
 as well as fault-finding citizens. Common fairness de- 
 mands that before the tenure of office, and official repute 
 of one who has been chosen by the people shall be 
 jeopardized, and before the sentiments of those who 
 elected him shall perhaps be affronted, both the public 
 and the Executive shall be fully informed, not only as to 
 the alleged misconduct but as to the precise reasons for 
 believing in its existence. Bare " information and belief," 
 especially when averred by one outside the constituency 
 of the accused official, constitutes no such disclosure as 
 the Governor and the public are entitled to receive before 
 exacting from an accused official the expense and humilia- 
 tion of " a trial on charges." 
 
 In the present case, however, because the alleged mis- 
 conduct was of such a sweeping nature, I concluded to 
 disregard the irregularity of the petition and its insuffi- 
 cient formulation of the charges and to demand from the 
 District Attorney an answer the character of which 
 should determine whether further investigation was re- 
 quired. A copy of the charges was accordingly served 
 on the District Attorney and the required answer was 
 duly filed by him. Thereafter, and before any examina- 
 tion of the record by me, the District Attorney presented 
 a supplemental affidavit in regard to the personality and 
 
Removal Proceedings and Investigations 337 
 
 motive of the petitioner, upon whicli points the petitioner 
 also thereupon presented an additional affidavit. These 
 last-mentioned affidavits have not been accepted by me 
 as germane to the inquiry and have been disregarded in 
 my consideration of the case. 
 
 The District Attorney expressly denies under oath and 
 of his own knowledge every separate charge set forth in 
 the petition, except that one which alleges " That the said 
 District Attorney accepted the position of chairman of a 
 political faction and used his office for political pur- 
 poses," of which the following qualified denial is made : 
 " I admit that I have acted as chairman of a committee 
 of a body of citizens associated in relation to the primary 
 election of September, 1912. I deny that I have in any 
 wise used the office I occupy for political' purposes." The 
 deposition of the District Attorney is supported by an 
 affirmation of the County Judge of Queens county, by 
 the affidavits of four City Magistrates, of two coroners, 
 of the foreman and members of the May, 191 2, Grand 
 Jury for Queens county, of the Under-Sheriff of Queens 
 county, of the various employees in the District Attor- 
 ney's office and of other individuals in refutation, respec- 
 tively, of the various charges set forth as aforesaid. I 
 do not decide that the answer and these affidavits would 
 in the face of whatsoever evidence necessarily and con- 
 clusively disprove any allegations of misconduct ; no such 
 conclusion is essential to a proper disposition of the 
 matter before me. It is sufficient to find, and I do find 
 and decide, that the District Attorney has made a suffi- 
 cient and complete answer to the charges as preferred, 
 and the same are accordingly hereby dismissed. 
 
 (Signed) JOHN A. DIX 
 22 
 
338 Public Papers of Governor Dix 
 
 Report of Investigation of the Management and Affairs 
 of Sales Agent, State Prison Department. John D. 
 McMahon Appointed Commissioner in 1911 
 
 To His Excellency, John A. Dix, Governor of the State 
 of New York 
 
 Sir. — Pursuant to your commission I have investigated 
 the matter of the position of sales agent and collecting 
 agent of the Prison Department, and respectfully submit 
 the following report ; 
 
 Mr. Frederick H. Mills has held the position of sales 
 agent and collecting agent of this Department for many 
 years. As sales agent it is his dut}' to provide a market 
 for articles manufactured in the prisons of the State, and 
 to see that these manufactured articles are purchased by 
 the State and its poMtical divisions and for the buildings, 
 offices and public institutions managed or controlled by 
 the State; and as collecting agent to see that all bills for 
 articles so furnished are paid. He held this position when 
 manufacturing was commenced in the prisons, and claims 
 that he designed the plans for manufacturing, prepared 
 lists of articles to be manufactured, supplied original sam- 
 ples, purchased and had the machinery set, and, in short, 
 that he established the manufacturing industries in the 
 prisons. He has also, from time to time, prepared and 
 procured to be printed in the prisons a catalogue of all 
 articles manufactured, and has sent these catalogues from 
 his office in New York to the state hospitals, charitable 
 institutions and municipalities and boards in order to keep 
 them advised as to the articles manufactured by the State 
 and which under the law must be purchased from the 
 State. 
 
Removal Proceedings and Investigations 339 
 
 He is also the Secretary of the Board of Classification. 
 This board is composed of the Fiscal Supervisor of State 
 Charities, the State Commission of Prisons, the Superin- 
 tendent of State Prisons and the Lunacy Commission. 
 It is the duty of this board to fix and determine the 
 prices at which all labor performed and all articles manu- 
 factured, in the charitable institutions managed and con- 
 trolled by the State and in the penal institutions in the 
 State shall be furnished, except goods or labor furnished 
 by penitentiaries to or for the county in which they are 
 located. The meeting place of the Board of Classifi- 
 cation is the office of this sales agent, furnished to him 
 b)' the State in the city of New York, where the board 
 holds monthly meetings. Being the Secretary of the 
 board and present at these meetings he keeps informed 
 as to what the action of the board may be, and, by cor- 
 respondence and in other ways, he ascertains in advance 
 what articles are likely to be needed by the State, its 
 political divisions and its public institutions. He says 
 that he determines whether it is advisable or possible to 
 furnish articles that may be needed, this being a matter 
 which is submitted to his judgment. 
 
 The Prison Law provides that no articles so manufac- 
 tured shall be purchased from any other source for the 
 State or public institutions of the State, or its political 
 divisions, unless the State Commission of Prisons shall 
 certify that they cannot be furnished, and that no claim 
 therefor shall be audited or paid without such a certi- 
 ficate. Mr. Mills in his testimony claims that seventy- 
 five per cent, of the business of the prisons is done in the 
 city of New York where his office is located, and that 
 practically the entire matter of granting the certificates 
 
340 Public Papers of Governor Dix 
 
 under the Prison Law is submitted to and decided by 
 him. He states that ninety per cent, of these certi- 
 ficates, or releases as they are called, are granted by the 
 Prison Commission upon his recommendation. He re- 
 cei\es at his office in New York a daily list of manufac- 
 tured articles on hand which can be supplied so that he 
 is the offi'cial who always knows whether or not a requisi- 
 tion from an institution can be filled. Any article manu- 
 factured cannot be purchased elsewhere than from the 
 State legally by an institution without first obtaining the 
 certificate or release, and every article listed in the cata- 
 logue prepared by Air. Alills requires a release before the 
 article can be purchased in the open market. 
 
 For many years Air. Alills has been connected with or 
 has been the representative of many business institutions, 
 selling their output either on commission or on a salary. 
 The services he performed for the State of Xevv York 
 seems to be the smallest part of his business. The factor- 
 ies in the penal institutions of the State are able to fur- 
 nish but a very small percentage of the articles required 
 by the State and its municipalities. The institutions of 
 the city of Xew York alone require and can use at least 
 sixteen times the amount of the manufactured output of 
 the penal institutions of the State. Under the law the 
 manufactured articles of the prisons sell themselves and 
 no effort is required upon the part of the sales agent to 
 dispose of the entire output of the prisons. The sales 
 agent, therefore, has practically his entire time to devote 
 to his own personal business and the making of money 
 in addition to his salary and his traveling and office ex- 
 penses which are paid by the State. 
 
Removal Proceedings and Investigations 341 
 
 Early in the year 191 1, in addition to his other business 
 activities and connections, Mr. Mills organized what he 
 called The Hamlin Supply Company, for the chief pur- 
 pose of supplying articles to the charitable institutions 
 of the State, particularly its State hospitals. He himself 
 was The Hamlin Supply Company. He capitalized it, 
 employed a manager, filed a certificate in the county 
 clerk's ofHce stating that he constituted The Hamlin Sup- 
 ply Company, and at once began to sell goods to the 
 charitable institutions of the State at a profit. The busi- 
 ness office of this company was directly connected with 
 and was a part of the suite of offices, one of which he 
 called the office of the sales agent of the State. For a 
 year following the organization of this company Mr. 
 Mills did a large business with State institutions, princi- 
 pally with State hospitals. His bills which passed 
 through the Lunacy Commission amounted to several 
 thousand dollars each month. He testied that he made 
 money by these sales; that the object of establishing the 
 business was to make money. The amount of the profits 
 on this business obtained by Mr. Mills could not be ascer- 
 tained. He absolutely declined to permit the books of 
 The Hamlin Supply Company which showed its dealings 
 with the State, its subdivisions or its municipalities, to be 
 seen. He stated that he did not regard the dealings of 
 The Hamlin Supply Company with the institutions of the 
 State of New York as private, personal matters, but that 
 they were matters of public record. He declined to per- 
 mit any information to be obtained from the books of 
 The Hamlin Supply Company as to his dealings with the 
 institutions of the State upon the ground that the infor- 
 mation could be obtained in the Comptroller's office. He 
 
342 Public Papers of Governor Dix 
 
 admitted that the cost price of articles which he sold to 
 the State could not be obtained from the records of the 
 Comptroller's office, and that the profits made by him 
 in purchasing goods in the market and then selling them 
 to the State institutions would not be shown by the 
 records of any State office or its vouchers; yet he abso- 
 lutely declined to permit to be examined the books of 
 The Hamlin Supply Company which contain its accounts 
 with the State or any of its institutions. The information 
 that I was able to obtain by an examination of the 
 vouchers in the Comptroller's office pertained only to 
 his dealings with State hospitals. These vouchers show 
 that large amounts had been received by Mills for sales 
 made by him to State hospitals. They show in many 
 instances that he had violated the Prison Law by selling 
 to these institutions articles which were manufactured by 
 the prisons and articles which were advertised by him in 
 the prison catalogues as articles manufactured in the 
 prisons. The law was again violated by furnishing these 
 articles in many cases in which he had not recommended 
 that certificates be obtained as required from the Prison 
 Commission and in which certificates were not granted 
 before the articles were purchased from him instead of 
 from the prisons; and the law was further violated by 
 presenting bills for articles in cases where the certificates 
 were obtained months after the articles had been supplied 
 to State institutions by him. 
 
 He was an officer of the State. He was paid by the 
 State to find a market for the goods manufactured in its 
 prisons. He could not perform the duties of his office 
 properly and efficiently and at the same time engage per- 
 sonally in a business which competed with the business 
 
Removal Proceedings and Investigations 343 
 
 of the State. While obtaining business from the State 
 for himself for gain his interests were antagonistic to the 
 interests of the State and to the policy of the State to 
 ■employ the inmates and wards of its institutions at labor 
 for the benefit of these wards as well as to reduce the cost 
 of their maintenance. 
 
 I, therefore, conclude and report that Frederick H. 
 Mills, the sales agent of the State, has not been efficient 
 in the discharge of his duties and loyal to the interests of 
 the State which he is hired and paid by the State to serve. 
 
 Respectfully submitted, 
 
 (Signed) JOHN D. McMAHON, 
 
 Commissioner. 
 Dated September 3, 1912. 
 
 Order of the Qovernor Dismissing Charges Against the 
 District Attorney of Oswego County 
 
 State of New York — Executive Chamber 
 
 Albany, N. Y., December 16, 1912 
 
 In the Matter of the Charges against Francis D. Culkin, 
 District Attorney of Oswego County 
 
 Memorandum by the Governor 
 On or about November 30, 191 2, charges were pre- 
 ferred against Francis D. Culkin, District Attorney of 
 Oswego county, by Maide Abrams, to the effect that one 
 Solomon Abrams was indicted by the Grand Jury of 
 Oswego county in May, 191 1, by the predecessor in 
 office of said Francis D. Culkin; that the defendant was 
 
344 Public Papers of Governor Dix 
 
 apprehended in another State and brought back to 
 Oswego county in December, 191 1, and gave bonds for 
 his appearance on the trial of said indictment, and also 
 gave bonds in separate proceedings for the support of 
 his wife and children ; .that the said indictment has never 
 been tried, and that the trial thereof has been postponed 
 from term to term of court at the instance of said District 
 Attorney of Oswego county. 
 
 The District Attorney, in compliance with a request 
 from the Governor that an explanation be presented by 
 the former of his neglect and refusal to try said indict- 
 ment, has filed an afifidavit to the efifect that when he took 
 office and became informed of the existence of said in- 
 dictment (which was for abandonment) he was advised 
 that it had not been tried by his predecessor in office, for 
 the reason that the defendant had made arrangements 
 for the care of his family and to reimburse the city of 
 Oswego for the expenditure of a very considerable sum 
 of money by said city for the support of the defendant's 
 family ; that he was subsequently advised b)- the Depart- 
 ment of Charity of the city of Oswego that defendant 
 had made a considerable payment to the city authorities 
 on account of said disbursements and had promised and 
 agreed to make weekly payments toward the support of 
 his family, and was making such payments. And the 
 District Attorney was accordingly requested and strongly 
 urged by said Department of Charities not to press the 
 trial of said case ; that he thereafter presented the matter 
 to the County Judge of said county, to whose court the 
 said indictment had been remitted, and that the said 
 County Judge advised him that he did not deem it ad- 
 visable to move the case for trial, and that in failing to 
 
Removal Proceedings and Investigations 345 
 
 bring on the trial he (the District Attorney) had acted 
 not only in deference to the request of the city authorities 
 but as well out of courtesy to the court and in deference 
 to the views of the latter. 
 
 The explanation of the District Attorney is fortified 
 by a statement in writing from the County Judge of 
 Oswego county to the effect that in the opinion of the 
 latter the ends of justice have been better promoted by 
 not pressing the indictment to tried because of the facts 
 and circumstances stated. 
 
 The District Attorney finally states that, while he is 
 prepared and willing to try the indictment forthwith, he 
 considers it doubtful whether he will be able to get a 
 conviction, and that, in view of the fact and of the atti- 
 tude of the court, he gravely questions the propriety of 
 his incurring the expense of the trial. 
 
 Under all the circumstances, I am of opinion that the 
 District Attorney has acted in good faith in the matter 
 and that the Governor would not be justified in removing 
 the District Attorney from office because of what at the 
 most would amount to be an error of judgment on his 
 part in the exercise of his discretion. 
 
 For these reasons, I have decided not to entertain the 
 charges preferred. 
 
 (Signed) JOHN A. DIX 
 
XI 
 
 PARDONS, COMMUTATIONS, REPRIEVES 
 
 AND REQUISITIONS 
 
 [347] 
 
XI 
 
 PARDONS, COMMUTATIONS, REPRIEVES AND 
 EXTRADITION CASES 
 
 Pardons 
 
 March 21. Charles H. Wright. Sentenced March 23, 
 191 1, • County, New York; crime, manslaughter, second 
 degree; term, two years minimum, seven years six months 
 maximum; Sing Sing prison. 
 
 April 5. Albert Lathwell. Sentenced June 11, 1898; 
 county, Niagara; crime, murder, second degree; term, 
 twenty years minimum, life maximum ; Auburn prison. 
 
 April 18. Martin Regan. Sentenced December 22, 
 1899; county, New York; crime, murder, second degree; 
 term, twenty years minimum ; life maximum ; Sing Sing 
 prison. 
 
 June 20. Benjamin R. Valentine. Sentenced February 
 24, 1906; county, Nassau; crime, uttering, offering and 
 putting off as true, a certain forged, altered and fraudu- 
 lent deed; term, one year minimum, five years maximum. 
 
 July 9. Orrin S. Lawrence. Sentenced January 26, 
 191 1 ; county, Franklin; crime, misappropriation of county 
 funds ; term, one year six months minimum ; three years 
 six months maximum ; Clinton prison. 
 
 July 31. Mary Chapelle. Sentenced May 27, 1912; 
 county. New York; crime, keeping house of ill fame; 
 term, one year ; New York County Penitentiary. 
 
 August 8. John Hill. Sentenced May 22, 1912; 
 county, Oneida ; crime, public intoxication ; term, six 
 months ; Onondaga County Penitentiary. 
 
 [349] 
 
350 Public Papers of Governor Dix 
 
 August 29. Henry Rappleye. Sentenced February, 
 iyi2; county, St. Lawrence; crime, robbery, first and 
 second degrees ; Elmira Reformatory. 
 
 September 5. Mary Proper. Sentenced June 8, 1912; 
 county, Schoharie; crime, violating Section 494 of the 
 Penal Law; term, one hundred and eighty days; Albany 
 County Penitentiary. 
 
 September 10. Louis F. Bon. Sentenced September 
 15, 191 1 ; county, Onondaga; crime, grand larceny, first 
 degree; term, one year eight months minimum, three 
 years maximum; Auburn prison. 
 
 November 8. Thomas Coyle. Sentenced March i, 
 1912; county, Monroe; crime, violating Section 986 of the 
 Penal Law ; term, one year ; Monroe County Penitentiary. 
 
 November 9. William Mennell. Sentenced July 19, 
 1912; County, New York; crime, carrying concealed 
 weapons ; Elmira Reformatory. 
 
 November 26. Peter M. Coco. Sentenced January 
 19, 1912; county. New York; crime, extortion; term, one 
 year; New York County Penitentiary. 
 
 November 26. Harry Wilkes. Sentenced April 11, 
 1912; county, Albany; crime, abduction; Elmira Re- 
 formatory. 
 
 November 26. Pasquale Doti. Sentenced January 14, 
 1895; county, New York; crime, murder, second degree; 
 term, life; Sing Sing prison. 
 
 November 27. Susan G. Macomber. Sentenced 
 March 31, 1911; county. New York; crime, forgery, third 
 degree ; term, two years minimum, three years six months 
 maximum ; Auburn prison-. 
 
Pardons, Commutations, Reprieves, Etc. 351 
 
 November 27. Albert T. Patrick. Sentenced April 7, 
 1902; county, New York; crime, murder, first degree; to 
 be executed; commuted December 20, 1906, to life im- 
 prisonment ; Sing Sing prison. 
 
 November 27. Kate Hicks. Sentenced May 27, 1912; 
 county, New York; crime, keeping disorderly house; 
 term, one year ; New York County Penitentiary. 
 
 December 12. Zena May. Sentenced November 12, 
 1912; couiity. New York; crime, violating Section 899 of 
 the Code of Criminal Procedure; term, one year or $500 
 bail ; New York Workhouse. 
 
 Commutations 
 
 February 2. John Gedney. Sentenced May 26, 1902; 
 county, Orange; crime, robbery, first degree, second 
 offense; term, life; Auburn prison. 
 
 Commuted to ten years minimum, life maximum. 
 
 February 2. John F. Gilbert. Sentenced May 17, 
 1909; county, Clinton; crime, perjury; term, four years 
 minimum, seven years maximum; Clinton prison. 
 
 Commuted to two years, seven months, twenty-four 
 days minimum, seven years maximum. 
 
 February 2. James Riley. Sentenced February 26, 
 1904; county, Broome; crime, escaping from prison, 
 second ofifense; term, fifteen years, four months; Clinton 
 prison. 
 
 Commuted to seven years, eleven months, six days 
 minimum, fifteen years, four months maximum. 
 
35-2 Public Papers of Governor Dix 
 
 February 2. Albert Purdy. Sentenced September 19 
 1907; county, Sullivan; crime, burglary, third degree, 
 second offense ; term, nine years ; Auburn prison. 
 
 Commuted to not less than four years, four months 
 and seven days and not more than nine years. 
 
 February 2. Henry Purdy. Sentenced September 19, 
 1907; county, Sullivan; crime, buglary, third degree, 
 second offense; term, nine years; Clinton prison. 
 
 Commuted to not less than four years, four months 
 and seven days and not more than nine years. 
 
 February 2. August Ramusen. Sentenced June 3, 
 1908; county. New York; crime, grand larceny first 
 degree ; term, four years minimum, five years maximum ; 
 Sing Sing prison. 
 
 Commuted to three years, eight months, four days 
 minimum, five years maximum. 
 
 February 2. George Claire. Sentenced November 18, 
 1910; county, Cayuga; crime, grand larceny, second 
 degree, second offense; term, five years; Auburn prison. 
 
 Commuted to not less than one year, two months, 
 thirteen days and not more than five years. 
 
 February 2. Karl N. Day. Sentenced April 23, 1909; 
 county. New York; crime, grand larceny, second degree; 
 term, four years, ten months; Clinton prison. 
 
 Commuted to not less than two years, nine months 
 eleven days and not more than four years, ten months. 
 
 February 9. Selim E. Ghazal. Sentenced June 3, 
 1910; county. New York; crime, forgery, second degree; 
 term, three years minimum, six years maximum; Sing 
 Sing prison. 
 
Pardons, Commutations, Reprieves, Etc. 353 
 
 Commuted to one year, eight months, six days mini- 
 mum, six yeai'S maximum. 
 
 March 8. Henry H. Fisher. Sentenced November 
 21, 1908; county, Ulster; crime, arson, second degree; 
 term, five years minimum, ten years, six months maxi- 
 mum; Clinton prison. 
 
 Commuted to two years, four months minimum, ten 
 years, six months maximum. 
 
 March 8. Joseph Lamarco, Jr. Sentenced November 
 24, 1909; county, Erie; crime, murder, first degree; to be 
 executed. Conviction affirmed by the Court of Appeals 
 and execution to take place during the week beginning 
 April 8, 1912; Auburn prison. 
 
 Commuted to life imprisonment. 
 
 March 16. Wolf Brand. Sentenced June 29, 191 1; 
 county. New York; crime assault, second degree; term, 
 one year minimum, three years maximum; Sing Sing 
 prison. 
 
 Commuted to seven months, eight days minimum, 
 three years maximum. 
 
 March 29. Edward Burnett. Sentenced July 6, 1910; 
 county, Chautauqua; crime, murder, first degree; to be 
 executed. Conviction affirmed by the Court of Appeals 
 and execution to take place, during the week beginning 
 April I, 191 2; Auburn prison. 
 
 Commuted to life imprisonment. 
 
 April 2. Michael Cosmo. Sentenced May 24, 191 1; 
 county, Orange ; crime, murder, first degree ; to be execu- 
 ted. Conviction affirmed by the Court of Appeals and 
 23 
 
354 Public Papers of Governor Dix 
 
 execution to take place', during the week beginning May 
 13, 1912; Sing Sing prison. 
 
 Commuted to life imprisonment. 
 
 July II. Frank Ward. Sentenced February 28, 
 1911 ; county, Livingston; crime, abandonment of chil- 
 dren ; term, three years, three months minimum ; four 
 years, three months maximum ; Auburn prison. 
 
 Commuted to one year, four months and eighteen 
 days. 
 
 July 17. Ernest R. Williams. Sentenced April 24,, 
 191 1 ; county, Otsego; crime, grand larceny, second 
 degree ; term, two years, six months minimum, five years 
 maximum; Clinton prison. 
 
 Commuted to one year, two months and twenty days. 
 
 July 23. Fred Hamilton. Sentenced March 2, 1912; 
 county, Nassau; crime, grand larceny, second degree; 
 term, one year; New York county penitentiary. 
 
 Commuted to four months and twenty-one days. 
 
 July 23. W. Platte Fisher. Sentenced November 9, 
 1909; county, Greene; crime, forgery, second degree; 
 term, three years, six months minimum; four years, six 
 months maximum ; Clinton prison. 
 
 Commuted to two years, eight months sixteen days. 
 
 August 14. Charles Wood Tatham. Sentenced 
 November 15, 1909; county. New York; crime, grand 
 larceny, second degree; term, five years; Sing Sing 
 prison. 
 
 Commuted to not less than two years, ten months and 
 not more than five years 
 
Pardons, Commutations, Reprieves, Etc. 355 
 
 Septembei- 4. Sumner Canfiield. Sentenced April 7, 
 1 91 2; county, Kings; crime, public intoxication; term, six 
 months; New York county penitentiary. 
 
 Commuted to four months, twenty-seven days. 
 
 September 10. Veto DeLeo. Sentenced July 26, 
 1912; county, New York; crime, carrying concealed 
 -weapon ; term, one year ; New York county penitentiary. 
 
 Commuted to one month, fifteen days. 
 
 September 10. Charles Reilly. Sentenced July 27, 
 1892; county, New York; crime, murder, second degree; 
 term, life; Clinton prison. 
 
 Commuted to sixteen years, eight months minimum, 
 life maximum. 
 
 September 17. Daniel I. Lufkin. Sentenced March 
 
 21, 1912; county, Richmond; crime, grand larceny, 
 second degree; term, one year; New York county 
 penitentiary. 
 
 Commuted to five months, twenty-five days. 
 
 September 18. Victor Shanley. Sentenced May 28, 
 1908; county. New York; crime, forgery, first degree; 
 term, five years minimum; ten years maximum; Sing 
 Sing prison. 
 
 Commuted to three years, two months, eighteen days 
 minimum, ten years maximum. 
 
 September 26. Frank Farley. Sentenced November 
 
 22, 1905; county, Chautauqua; crime, robbery, first 
 degree ; term, fifteen years ; Clinton prison. 
 
 Commuted to six years, nine months, seventeen days. 
 
 October i. Ulysse PasquinelH. Sentenced October 
 2y, 1910; county. New York; crime, attempted extortion; 
 
356 Public Papers of Governor Dix 
 
 term, three years minimum, five years maxiramn; Sing- 
 Sing prison. 
 
 Commuted to one year, eleven months, fifteen days 
 minimum, five years maximum. 
 
 October 9. Andrew W. Smith. Sentenced February 
 II, 1909; county. New York; crime, grand larceny, first 
 degree ; term, six years minimum; nine years, six months 
 maximum; Sing Sing prison. 
 
 Commuted to three years, eight months minimum, 
 nine years, six months maximum. 
 
 October 9. John Cain. Sentenced January 26, 1912; 
 county. New York; crime, murder, first degree; to be 
 executed; Sing Sing prison. 
 
 Commuted to life imprisonment. 
 
 October 9. Henry Gray. Sentenced November 21, 
 191 1 ; county, Monroe; crime, assault, second degree; 
 term, one year, six months minimum, two years, six 
 months maximum ; Auburn prison. 
 
 Commuted to eleven months minimum, two years six 
 months maximum. 
 
 October 15. Hugh McDonald. Sentenced June 16, 
 1910; county, Cattaraugus; crime, forgery, second 
 degree ; term, three years minimum, five years maximum ; 
 Auburn prison. 
 
 Commuted to two years, five months minimum, five 
 years maximum. 
 
 October 15. Peter Jordan. Sentenced February 11, 
 191 1 ; county, Onondaga; crime, burglary, third degree; 
 term, four years four months ; Auburn prison. 
 
 Commuted to one year eight months and one day. 
 
Pardons, Commutations, Reprieves, Etc. 357 
 
 November 9. Francis G. Bailey. Sentenced March 
 14, 1910; county, New York; crime, grand larceny, first 
 degree; term, four years six months minimum; seven 
 years one month maximum ; Sing Sing prison. 
 
 Commuted to two years five months minimum, seven 
 years one month maximum. 
 
 November 11. John W. Donnelly. Sentenced Sep- 
 tember 15, 1903; county, Wayne; crime, burglary, first 
 degree ; term, ten years minimum, sixteen years maxi- 
 mum; Auburn prison. 
 
 Commuted to nine years, two months, two days mini- 
 mum, sixteen years maximum. 
 
 November 11. Antimo Valente. Sentenced Septem- 
 ber 17, 1908; county, Monroe; crime, manslaughter, first 
 degree; term, nine years, six months minimum, twenty 
 years maximum; Auburn prison. 
 
 Commuted to four years, two months minimum, twenty 
 years maximum. 
 
 November 11. Peter Schultz. Sentenced November 
 7, 1892; county, Kings; crime, murder, first degree; to be 
 executed. Commuted March 13, 1893, to life imprison- 
 ment ; Sing Sing prison. 
 
 Commuted to twenty years, fourteen days minimum, 
 life maximum. 
 
 November 11. George von Radowitz. Sentenced May 
 7, 1909; county, New York; crime, burglary, third degree, 
 second ofifense ; term, six years ; Clinton prison. 
 
 Commuted to three years, six months, fourteen days 
 minimum, six years maximum. 
 
 November 11. Harry Garlock. Sentenced November 
 27, 1907; county, Saratoga; crime, manslaughter, second 
 
358 Public Papers of Governor Dix 
 
 degi-ee ; term, six years minimum, seven years, six months 
 maximum; Great Meadow prison. 
 
 Commuted to four years, eleven months, twenty-one 
 days minimum, seven years, six months maximum. 
 
 November 12. Arthur Keiser. Sentenced April 6, 
 1908; county, Oneida; crime, rape, first degree; term, 
 ten years minimum, fifteen years maximum; Auburn 
 prison. 
 
 Commuted to four years, six months, twenty-four days 
 minimum, fifteen years maximum. 
 
 November 14. Luigi Tranese. Sentenced March 18, 
 1912; county, New York; crime, grand larceny, second 
 degree; term, one year; Matteawan State Hospital. 
 
 Commuted to seven months, twenty-six days. 
 
 November 18. Samuel Clukow. Sentenced July 9, 
 1912; county, New York; crime, grand larceny, second 
 degree; term, two years, three months minimum, five 
 years maximum; Sing Sing prison. 
 
 Commuted to two months, twenty-four days minimum, 
 five years maximum. 
 
 November 27. Victor E. Millward. Sentenced De- 
 cember 17, 1904; county, Saratoga; crime, murder, second 
 degree; term, life; Clinton prison. 
 
 Commuted to eight years minimum, life maximum. 
 
 November 27. George Hyde. Sentenced April 10, 
 1896; county, Erie; crime, murder, second degree; term, 
 twenty years minimum, life maximum; Clinton prison. 
 
 Commuted to sixteen years, eight months, five days 
 minimum, life maximum. 
 
Pardons, Commutations, Reprieves, Etc. 359 
 
 November 27. Howard Franklin Post. Sentenced 
 July 27, 1906; county, New York; crime, manslaughter, 
 second degree; term, fourteen years; Great Meadow 
 prison. 
 
 Commuted to six years, four months, nineteen days 
 minimum, fourteen years maximum. 
 
 November 27. Thomas Smith. Sentenced March 8, 
 1906; county, Schenectady; crime, rape, second degree; 
 attempted robbery, first degree and assault, second de- 
 gree ; term, fourteen years, eight months ; Clinton prison. 
 
 Commuted to six years, nine months, four days mini- 
 mum, fourteen years, eight months maximum. 
 
 November 27. John Del Velchio. Sentenced January 
 10, 191 1 ; county, Albany; crime, robbery, first degree; 
 term, two years, six months minimum; four years, six 
 months maximum ; Great Meadow prison. 
 
 Commuted to one year, eleven months, six days mini- 
 mum, four years, six months maximum. 
 
 November 27. William Gibson. Sentenced March 27, 
 1899; county, Erie; crime, burglary, first degree; term, 
 eighteen years ; Clinton prison. 
 
 Commuted to eight years, ten months and nineteen 
 days minimum, eighteen years maximum. 
 
 November 27. Guiseppi Spezzano. Sentenced June 
 28, 191 1 ; county. Kings; crime, murder, second degree; 
 term, twenty years minimum, hfe maximum; Sing Sing 
 prison. 
 
 Commuted to five years minimum, twenty years 
 maximum. 
 
 November 27. Samuel Goodman. Sentenced Febru- 
 ary 26, 1909; county, New York; crime, burglary, first 
 degree; second offense; term, life; Clinton prison. 
 
360 Public Papers of Governor Dix 
 
 Commuted to three years, nine months, nineteen days 
 minimum, life maximum. 
 
 November 27. Frederick G. Chandler. Sentenced 
 May 19, 191 1 ; county, Onondaga; crime, forgery, second 
 degree ; term, two years minimum, four years maximum ; 
 Auburn prison. 
 
 Commuted to one year, six months, twenty-four days 
 minimum, four years maximum. 
 
 November 27. George Davis. Sentenced October 17, 
 1904; county, Otsego; crime, obstructing railroad track; 
 term, nineteen years, three months ; Auburn prison. 
 
 Commuted to eight years, one month minimum, nine- 
 teen years, three months maximum. 
 
 December 9. Michael Piambino. Sentenced April 20, 
 1910; county, Albany; crime, rape, second degree; term, 
 three years minimum, five years maximum; Great Meadow 
 prison. 
 
 Commuted to two years, seven months, thirteen days 
 minimum, five years maximum. 
 
 December 9. Augustus Shopkom. Sentenced April 19, 
 1909; county, Delaware; crime, petit larceny and robbery, 
 third degree; term, five years, ten months minimum; six 
 years five months maximum; Auburn prison. 
 
 Commuted to three years, seven months, twenty-four 
 days minimum, six years, five months maximum. 
 
 December 9. Edward Ruddy. Sentenced June 3, 1912; 
 county, Kings; crime, burglary, third degree, second 
 offense; term, two years, six months minimum, five years 
 maximum; Sing Sing prison. 
 
 Commuted to six months, twelve days minimum, five 
 years maximum. 
 
Pardons, Commutations, Reprieves, Etc. 361 
 
 December 10. Louis J. Abrams. Sentenced December 
 4, 19 12; county, New York; crime, violating section 943 
 of the Penal Law (mock auctions) ; term, thirty days im- 
 prisonment and $100 fine; New York city prison. 
 
 Commuted to -seven days and $100 fine. 
 
 December 26. Guiseppi Cangialosi. Sentenced October 
 2, 191 1 ; county, Rockland; crime, assault, first degree; 
 term, five years minimum, ten years maximum ; Dannemora 
 State hospital. 
 
 Commuted to one year, two months and twenty-one days. 
 
 December 26. James Tobin. Sentenced February 15, 
 1907; county, Rensselaer; crime, burglary, first degree; 
 term, fifteen years; Clinton prison. 
 
 Commuted to six years minimum, fifteen years 
 maximum. 
 
 December 26. John White. Sentenced August 29, 
 1907; county, New York; crime, robbery, first degree; 
 term, nineteen years,, eight months; Sing Sing prison. 
 
 Commuted to six years minimum, nineteen years eight 
 months maximum. 
 
 December 26. Marcellino Saudo. Sentenced January 
 31, 1905; county. New York; crime, manslaughter, first 
 degree; term twenty years; Sing Sing prison. 
 
 Commuted to eight years minimum, twenty years 
 maximum. 
 
 December 26. John Cargin. Sentenced March, 1912; 
 county, Westchester ; crime, murder, first degree ; to be ex- 
 ecuted; Sing Sing prison. 
 
 Commuted to twenty years minimum, life maximum. 
 
362 Public Papers of Governor Dix \ 
 
 Reprieves 
 
 Januai-y 2^. Salvatore DeMarco. Convicted of Murder 
 in the first degree, in the county of Westchester, and 
 sentenced to be executed during the week beginning Janu- 
 ary 29, 1912. 
 
 Respite until week beginning April 29, 19 12. 
 
 February 29. Edward Burnett. Convicted of murder 
 in the first degree, in the county of Chautauqua, and sen- 
 tenced July 6, 1910, to be executed. Conviction affirmed 
 by the Court of Appeals, and execution to take place during 
 the week beginning March 4, 191 2. 
 
 Respite until week beginning April i, 1912. 
 
 May 18. Jacob Kuhn. Convicted of murder in the first 
 degree, in the county of Monroe, and sentenced to be ex- 
 ecuted. Conviction affirmed by the Court of Appeals, and 
 execution to take place during the week beginning May 20, 
 1912. 
 
 Respite until week beginning June 17, 1912. 
 
 May 18, Ralph Friedman. Convicted of murder in the 
 first degree, in the county of Monroe, and sentenced to 
 be executed. Conviction affirmed by the Court of Appeals, 
 and execution to take place during the week beginning May 
 20, 1912. 
 
 Respite until week beginning June 17, 1912. 
 
 July 31. James Wilhams. Convicted of murder in the 
 first degree, in the county of Livingston, and sentenced 
 June 3, 191 1, to be executed. Conviction affirmed by the 
 Court of Appeals, and execution to take place during the 
 week beginning August 12, 191 2. 
 
 Respite until week beginning September 16, 1912. 
 
Pardons, Commutations, Reprieves, Etc. 363 
 
 Respite to Edward Burnett 
 
 State of New York — Executive Chamber 
 
 Albany, February 29, 1912 
 
 I have this day granted a respite until the first day of 
 April next in the case of Edward Burnett, now confined in 
 Auburn prison under sentence of death, to be electrocuted 
 on Monday, March 4th. But I desire to have it distinctly 
 understood that unless a new trial is granted before that 
 time, there will be no further respite. 
 
 (Signed) JOHN A. DIX 
 
 Denial of Application of Lawrence de Foulke Brandt for 
 a Commutation of Sentence 
 
 State of New York — Executive Chamber 
 
 February 2, 1912 
 The application for a commutation of the sentence of 
 Lawrence de Foulke Brandt is denied. There seems to 
 have been an attempt to inject mystery into this case; but 
 there is no mystery. The prisoner made an application 
 for clemency and he was afiforded every opportunity to 
 present his plea in full. I thereupon asked for a report 
 from the District Attorney and the Presiding Judge which 
 have been filed. I have received no other papers. There 
 have been no arguments, orally or by brief. No written 
 or oral statement whatsoever from the complainant in 
 the original case, or any attorney on his behalf, has been 
 received. I have decided absolutely and entirely on the 
 record. 
 
 (Signed) JOHN A. DIX 
 
364 Public Papers of Governor Dix 
 
 Appointment of Richard L. Hand to Conduct Hearings in 
 All Matters Pertaining to the Application of Fouike 
 Engel Brandt for Executive Clemency 
 
 State of New York — Executive Chamber 
 
 Whereas, an application has heretofore been made to 
 me by one Fouike Engel Brandt for executive clemency, 
 he being incarcerated in Clinton State Prison at Danne- 
 mora under a sentence for burglary in the first degree; 
 and upon the application and the records submitted to me 
 it appearing that such appHcation should be denied, I 
 made an order accordingly; and 
 
 Whereas, it has since been alleged that there exist 
 facts and circumstances, susceptible of proof, which do not 
 appear in the records and proceedings upon which my 
 said decision was based, but which should have a material 
 bearing upon said application for clemency; 
 
 Now, Therefore, in order that there may be a full 
 investigation and ascertainment of all such iTiatters and 
 things, I do hereby, pursuant to the provisions of section 
 262 of the Prison Law, make, constitute and appoint the 
 
 Honorable Richard L. Hand 
 
 of Elizabethtown, N. Y., a person to conduct hearings in 
 all matters pertaining to said application for executive 
 clemency, and to report to me with all convenient speed 
 the testimony taken before him, and for that purpose the 
 said proceeding is reopened in order that, with the infor- 
 mation to be derived from the hearings conducted here- 
 
Pardons, Commutations, Reprieves, Etc. 365 
 
 under, I may determine as to whether any other, or fur- 
 ther or different action should be taken in the premises. 
 Given under my hand and the Privy Seal of the 
 State at the Capitol in the city of Albany this 
 [l. S.J fifteenth day of February in the year of our 
 Lord one thousand nine hundred and twelve. 
 (Signed) JOHN A. DIX 
 By the Governor : 
 
 John A. Mason 
 
 Secretary to the Governor 
 
 Statement of Governor Dix Concerning the Application 
 for Executive Clemency in' Behalf of Fouike E. 
 Brandt 
 
 Albany, February 29, 1912 
 
 Governor Dix to-day made the following statement : 
 
 On the 15th instant I appointed Richard L. Hand to 
 make a sweeping investigation of all facts relevant to an 
 application for executive clemency in behalf of Fouike E. 
 Brandt. Upon the result of that investigation alone de- 
 pended the question whether my previous decision deny- 
 ing clemency should be affirmed or modified ; and I had 
 expected, in announcing such decision, to fully explain the 
 reasons which actuated me in both my former and what 
 was to be my final determination. By reason of a decision 
 of the Supreme Court such investigation has been un- 
 fortunately suspended, with no definite time for its con- 
 tinuance assured. Because of this fact, of the existing 
 confusion of the case, and the apparent misunderstanding 
 as to certain essential features of its presentation to and 
 
366 Public Papers of Governor Dix 
 
 disposition by the Executive, I deem it proper that the 
 pubHc shall now be authoritatively informed of the con- 
 siderations which determined my action. 
 
 It has been repeatedly announced in the public press 
 that Brandt denied making application to the Governor 
 for clemency, and denied that he had incidentally made 
 statements reflecting upon the honor of a woman. And 
 even upon the hearing before Mr. Commissioner Hand, 
 Brandt's counsel stated (I quote from the stenographer's 
 minutes returned to me as part of the Commissioner's 
 report) : 
 
 " As a matter of fact, Brandt never made a petition 
 to the Governor for clemency. How the matter 
 came before the Governor he knows not. He only 
 knows that, subsequent to such time, he was impor- 
 tuned for statements by people whom he assumed to 
 be the accredited agents of the Governor; but as a 
 matter of fact, no petition ever flowed from Brandt 
 for a pardon." 
 
 And again : 
 
 " As to the nature of the petitioner's application, 
 which Mr. Brandt had no part in, it seems to be 
 entirely irrelevant and incompetent to be considered." 
 
 And again : 
 
 " The public have been fed with the idea that Mr. 
 Brandt is accused of some wrong or immoral act. As 
 a matter of fact, even in his petition to his country- 
 man Mr. Nelson, there is no such thing contained." 
 
 Inasmuch as my disposition of the matter was based 
 largely upon the consideration that a contention of a 
 
Pardons, Commutations, Reprieves, Etc. 367 
 
 miscarriage of justice in Brandt's ease, as laid before me 
 by him, springs inevitably from his scandalous statements 
 about a woman in the Schifif household, I shall first of all 
 make the existence of that fact clear and convincing. 
 
 The question whether Brandt should receive Executive 
 clemency was presented to- me in the following manner: 
 On November 14, 191 1, my pardon clerk attended a meet- 
 ing of the Parole Board at Dannemora, and on the follow- 
 ing day interviewed several prisoners who were considered 
 as possibly entitled to Executive clemency. Among the 
 latter was Brandt, whose case had been suggested to the 
 pardon clerk as worthy of inquiry either by the Warden 
 or by the Superintendent of Prisons. In the course of an 
 interview at that time, and in reference to the possible 
 exercise of Executive clemency in his case, Brandt per- 
 sonally handed to the pardon clerk a 22-page statement 
 in the form of a letter, beginning " Dear Sir," signed with 
 Brandt's name and believed to be in his handwriting. 
 Upon his return to Albany on the following day the 
 pardon clerk informed me of his conversation with Brandt 
 and of the contents of the statement received from him, 
 and asked what, if anything, he should do. I instructed 
 him to investigate the case. 
 
 The statement referred to was marked " Confidential," 
 and in a letter written to the pardon clerk while the in- 
 vestigation directed by me was under way Brandt says : 
 
 " I most earnestly desire that it (referring to the 
 statement) be treated in a strictly confidential man- 
 ner. I regret very much that developments in my 
 case force me to write and explain incidents that 
 happened while in Mr. Schifif's service, and I would 
 not resort to such details as a basis of asking for Ex- 
 
368 Public Papers of Governor Dix 
 
 ecutive clemency, but in view of the fact that they 
 seek to have the pubHc as well as yourself beHeve I 
 am a liar, it is absolutely necessary to impart to you 
 details, much as I regret it. In looking over a copy of 
 the letter written you yesterday I find, in my extreme 
 haste to get the letter away ,,so it would reach you 
 early to-day, I made quite a few errors in the type- 
 writing of same. Would particularly call your atten- 
 tion to the last paragraph or P. S., it is explained more 
 fully on page 5 of my statement " 
 
 the last word referring to the so-called " statement " 
 above referred to. In his previous letter to the pardon 
 clerk Brandt had used the following expression : " I 
 failed to state in my confidential letter to the Governor/' 
 etc., etc. — in amplification of a specific clause in the state- 
 ment, which latter was the only communication or docu- 
 ment received from him and marked " Confidential." 
 These three letters from Brandt, being part of the record 
 upon which I refused to exercise clemency, are still in the 
 Executive files. 
 
 Here, then, is convincing proof that Brandt did make 
 application to me for Executive clemency, and that the 
 statement referred to was by him intended to be con- 
 sidered by me as part of such application — unless, in- 
 deed, the documents are claimed to be forgeries, which of 
 course is not the case. Brandt himself admits in the cor- 
 respondence that the 22-page statement had been read by 
 other persons before it came to me. With these facts 
 established in regard to this particular feature of the case, 
 there remains only to say, at this point, that the applica- 
 tion for clemency does include statements of a scandalous 
 nature, and which reflect upon the integrity and honor of 
 a woman who is mentioned by name. 
 
Pardons, Commutations, Reprieves, Etc. 369 
 
 Brandt's application having thus been presented and 
 filed on November 15, 191 1, two days later the District- 
 Attorney of New York County and the Judge who sen- 
 tenced Brandt were advised of the application and re- 
 quested to file with me the customary reports and 
 recommendations. 
 
 Before the matter was fully prepared for my considera- 
 tion the case had been exploited in the public press, and 
 application was made to the pardon clerk by an attorney 
 representing Mr. Schiff for leave to inspect the papers 
 and reports and to file a statement and submit documents 
 in opposition to clemency. The request was denied and 
 has never been complied with. This action, taken during 
 my absence and without my knowledge, nevertheless re- 
 ceived my tmqualified approval. 
 
 So that the three letters from Brandt, the reports of 
 District-Attorney Whitman and Judge Rosalsky, and the 
 prison and medical reports requested of and filed by the 
 Superintendent of Prisons, made up the entire record 
 upon which my decision was based. Upon that record, 
 and upon that alone, I refused a pardon, and for that 
 decision I have never cherished the slightest regret, nor 
 have I desired to offer the slightest excuse. An appeal 
 for Executive clemency is addressed purely to the dis- 
 cretion of the Executive, and is not to be decided by him 
 as a question of law alone. In the exercise of that dis- 
 cretion, under the circumstances of almost every case, 
 there are to be considered moral questions as well as 
 legal ones, and I found this to be especially true in the 
 present instance. I decided that, upon Brandt's own 
 admissions and statements, he was not a proper subject 
 for Executive clemency, without regard to the truth or 
 24 
 
^7o Public Papers of Governor Dix 
 
 falsity of his sworn statements and admissions in open 
 court. In the letters submitted to me he has attempted 
 to disprove the crime to which he formerly pleaded 
 guilty by stating facts and uttering insinuations which 
 would make him guilty of a still more abhorrent offense 
 — an offense against the sanctity of the home by an 
 accusation against the purity of a woman. 
 
 This accusation I utterly disbelieve. I refused, through 
 the exercise of clemency, to condone a wrong more 
 despicable and insidious than burglary or assault by blast- 
 ing the character and reputation of a woman on the un- 
 supported statement of a self-confessed forger, who, in 
 the letter which is before me, calls God to witness the 
 truth of present statements, which contradict what he 
 previously declared under oath. In the exercise of Ex- 
 ecutive discretion it is as much my duty to protect the 
 fair name of a woman and a mother, who has never had 
 an opportunity to defend that which is dearer than life 
 and liberty, as it is to protect the much-mooted legal 
 rights of one who has been convicted of a crime upon his 
 own plea of guilty — especially when the law in his case 
 is so hotly disputed and, to a layman at least, seems so 
 far from being conclusively proven and established. 
 
 It is quite as important and vital to society that the 
 Executive shall exercise his constitutional discretion, un- 
 moved by clamor, misrepresentation or excited public 
 comment based upon half-truths, as it is that, in a given 
 case, some one whose innocence has not been conclusiely 
 established shall be freed from prison, or that some one 
 not yet proven guilty shall be sent to prison. 
 
 But while I frankly and deliberately base my refusal to 
 extend clemency upon the fact that, in his effort to secure 
 
Pardons, Commutations, Reprieves, Etc. 371 
 
 a pardon, Brandt has not scrupled to attack the honor of 
 a woman and to invade the sanctity of a home, I also 
 declare my conviction that the facts in the case, as pre- 
 sented to me, by no means indicated that the law had 
 been violated in the conviction and sentence thereupon. 
 In making this statement I am not unmindful of the 
 fact that the Supreme Court has since upheld a writ of 
 habeas corpus in Brandt's behalf, and that Judge Rosal- 
 sky has himself set aside the conviction and granted a 
 new trial — the latter with or without legal authority, as 
 the case may be and has been variously alleged. If I am 
 correctly advised, the Supreme Court decides that Brandt 
 was not legally convicted, among other reasons, if not 
 mainly, because, although he pleaded guilty to burglary 
 in the first degree, he incidentally declared under oath 
 that he had entered his former employer's house through 
 an open door — which latter does not constitute that 
 element of " breaking " indispensable to the crime of 
 burglary ; and in a published statement on Friday last, the 
 District-Attorney of New York county declares that 
 " Brandt's indictment was illegal ; his conviction was 
 illegal and his sentence was illegal." I find no such con- 
 clusion nor even suggestion thereof in the official report 
 and recommendation made to me by the District-Attor- 
 ney. That report is before me. It was called for by me 
 on November 17th last. It was rendered on January 
 29th. After more than two months of examination and 
 of consideration, and fully aware of the great importance 
 to the Executive, in a case of this character, of the report 
 and recommendations of the pubHc prosecutor, the Dis- 
 trict-Attorney states: 
 
 " I have made a very careful examination of all the 
 records in my ofiflce and in the Court of General Ses- 
 
2)^2 Public Papers of Governor Dix 
 
 sions. I have had two conferences with Mr. Potter 
 (the pardon clerk). I have had an interview with the 
 convict Brandt in Dannemora Prison, and I have 
 conferred with counsel for the complainant and have 
 given them an opportunity to supply me with any 
 information which may be at their disposal, and 
 which was not to be found either in my ofifice or 
 among the records of the Court. 
 
 "Aside from any other phase of this case, on the 
 Court records alone, I am inclined to believe that 
 Executive clemency might, without injustice to the 
 people of the State, be extended to this defendant, 
 who has served five years in a State's prison. I can- 
 not escape the conclusion that if this case, with all 
 the evidence obtainable, had been submitted to a 
 trial jury, a reasonable doubt might have been 
 created in the minds of the jury as to whether the 
 defendant was in the complainant's house, as set 
 forth in this indictment, with burglarious intent, and 
 I am inclined to the belief that this convict made his 
 plea of guilty to this indictment either under a mis- 
 apprehension as to what he was doing or as a victim 
 of misrepresentation as to what it involved. If, after 
 having examined the somewhat voluminous records, 
 affidavits and statements. Your Excellency feels that, 
 in the interest of public justice, favorable considera- 
 tion should be given this application, I would recom- 
 mend that the sentence be so commuted that the 
 Board of Parole may act upon this case." 
 
 Not a word here — or elsewhere in the report — of 
 " illegal indictment, conviction and sentence." Nor by 
 
Pardons, Commutations, Reprieves, Etc. 373 
 
 the wildest stretch of the imagination can any such infer- 
 ence be drawn from the report without grave injustice to 
 the District-Attorney, who, if he had discovered and be- 
 Heved that Brandt had never been legally convicted and 
 sentenced, could not have failed to urge upon the Execu- 
 tive the granting of a full and immediate pardon. Instead 
 of such recommendation, he contended himself with the 
 mild suggestion " that the sentence should be so ' com- 
 muted ' that the Board of Parole may act upon this 
 case;" and even this suggestion is made dependent upon 
 a conclusion of the Executive that, in the interest of pub- 
 He justice, favorable consideration should be given the 
 application. If the fact that, notwithstanding his plea of 
 guilty, the declaration of Brandt that he " entered by an 
 open door " did not, in the professional opinion of the 
 District-Attorney on January 29th, nullify the conviction, 
 how did that fact, to his mind, on Friday night last, make 
 such conviction illegal? 
 
 The report made to me by Judge Rosalsky, after he had 
 received from the District-Attorney a copy of the latter's 
 report and recommendation above referred to, declares and 
 states that Brandt was legally convicted upon his plea of 
 guilty after being distinctly informed from the Bench of the 
 nature of the crime, the gravity of the offense and the maxi- 
 mum imprisonment therefor. 
 
 And, yet, strange to say, while the public prosecutor, 
 although not then suggesting the illegal conviction for which 
 he now contends, hesitatingly suggested in his report that 
 Executive clemency might, without injustice to the people 
 of the State, be extended to the defendant, the Magistrate, 
 on the other hand, while sternly and emphatically upholding 
 the conviction and sentence, nevertheless declares, in his 
 
374 Public Papers of Governor Dix 
 
 report to the Governor, that " if Your Excellency should 
 conclude from the evidence before you, that, as the result 
 of perjury or subornation of perjury, the defendant was in- 
 duced to plead guilty to a crime which he did not commit, 
 and that he is serving imprisonment upon a charge of which 
 he is guiltless, and that justice miscarried — as to which I 
 can express no opinion for want of knowledge of the 
 matters brought to Your Excellency's attention, — then the 
 prisoner should he liberated forthzvith.'' 
 
 I am informed by lawyers, for whose ability I entertain 
 profound respect, including some experienced in criminal 
 practice, that the statement of a defendant which, if stand- 
 ing by itself, would disprove the commission of an alleged 
 crime, does not nullify an (incidental plea of guilty. I un- 
 derstand that this disputed proposition of law will perhaps 
 be determined by the appeal in the habeas corpus case. 
 
 But I call attention to a most significant fact — which of 
 course was not before the Supreme Court in the habeas 
 corpus case, but which was before me when I refused a par- 
 don, and which entered largely into my consideration of the 
 purely legal questions involved. The record of the Court of 
 General Sessions indicates that Brandt entered Mr. Schiff's 
 house through an open door in the basement. In his state- 
 ment above referred to he declares that, in anticipation of 
 his visit to the house, he received from an inmate of the 
 house a key to the main entrance, with very specific direc- 
 tions as to what he was to do with the key after entering 
 the house, and how the key was to be returned if by chance 
 not used. In commenting upon his statement in Court to 
 the effect that he entered through an open door in the base- 
 ment, he says in his statement before me : " I recollect how 
 he (Judge Rosalsky) tried to make me confess that I had 
 
Pardons, Commutations, Reprieves, Etc. 375 
 
 forced my way into the house, but I kept to my statement. 
 You, sir, undoubtedly surmise my reason for so doing." 
 
 The cohclusion is, of course, irresistible that he here 
 claims to have entered the house by use of the key; and if 
 any possible doubt exists on that score, it is disposed of by 
 the fact that the report of the District Attorney declares 
 that " the convict (Brandt) states to me that he entered 
 the front door by means of a key given him by an ihmate 
 of the house; " and before interviewing Brandt at Danne- 
 mora the District-Attorney had read the twenty-two page 
 statement which Brandt had presented to the pardon clerk. 
 
 The gentlemen learned in the law may contend — and 
 doubtless in a court of law, where the record of conviction 
 is alone considered, the contention is right — that Brandt's 
 statement under oath, which is part of the record in the 
 case, must outweigh anything he may say to the contrary 
 elsewhere. But that is not the case in an appeal for clem- 
 ency addressed to the discretion of the Executive. The 
 exercise of the pardoning power is based not alone upon the 
 Court records and the rules of law applicable thereto, but 
 upon all the facts and circumstances in the case — including 
 that which has occurred after, as well as before, conviction. 
 A falsehood is a falsehood, whether made under oath or not. 
 In the eye of the law perjury presupposes an oath; but in 
 the sight of God and Heaven, and in my eyes as Chief 
 Magistrate determining a grave question of justice in the 
 light of conscience, the enormity of a falsehood, solemnly 
 attested as the truth by an appeal to " God in Heaven " 
 (which is the language used in the statement), is no whit 
 less than a false statement made upon oath. Why then 
 should the Executive decide — what the District-Attorney, 
 in making his report, apparently did not decide — that the 
 
'i'jd Public Papers of Governor Dix 
 
 sworn statement as to the method of entry must be taken to 
 nulHfy the express plea of guilty? He has declared in 
 Court that he entered by an open door; he has declared 
 elsewhere that he entered by means of a key. Who shall 
 presume to say which sitatement would be accepted as the 
 truth by a jury passing upon the fact? Who, indeed, shall 
 declare that he has not affirmed falsely in each case? 
 
 But there are some facts which he has not only never 
 denied but has expressly admitted, both in Court under oath 
 and in his subsequent statements. These facts are that he 
 entered the Schiff residence in the night without the per- 
 mission of flhe master of the house, and that he took away 
 with him property which he found there which did not 
 belong to him, and which afterwards was restored by his 
 lawyers to the owner; and in the statement now before me, 
 after attesting its truth by a most solemn appeal to God, he 
 declares that, surprised by the unexpected approach of the 
 man whose house he had invaded, and where he then was, 
 " ivlth prison looming up before inc and my life and honor 
 forever departed," he struck his former employer with a 
 bowling pin, with which he had armed himself " to frighten 
 off any of the servants who might discover me." And until 
 it is shown to me by evidence more conclusive that his own 
 unsupported and self-contradictory declarations that he did 
 not commit the crime to which he pleaded guilty, and for 
 which he was sentenced, I shall justify and maintain my 
 determination that he is not worthy of a pardon. Upon 
 the reiterated assertion that such additional proof was avail- 
 able, I attempted to effect a full and sweeping investigation 
 under the guidance of an able and incorruptible member 
 of the Bar. The investigation has been halted by law. 
 The law may determine that he is entitled to his freedom 
 
Pardons, Commutations, Reprieves, Etc. 377 
 
 as matter of law. Upon all the facts and circumstances in 
 tlhe case which have thus far been presented to me, I have 
 not been able to so determine as matter of Executive 
 discretion. 
 
 The seal which, in deference to the spirit of common 
 decency, I placed upon the papers after deciding the appli- 
 cation has been broken by the fact that public references to 
 the scandalous allegations in the case have since been made 
 by representatives of those most painfully affected. And 
 I consider that the Executive has been absolved from what 
 might overhastily be claimed as a breach of confidence on 
 my part in making the foregoing references to the statement 
 which was a part of his application. For these reasons, 
 and to this extent alone, has my regret at the necessity of 
 the present disclosure been tempered. 
 
 Letter from Mayor Qaynor of New York, Concerning 
 Governor's Dix's Statement in the Brandt Case 
 
 Albany, March 2, 1912 
 
 Governor Dix has received the following letter from 
 Hon. William J. Gaynor, Mayor of the City of New York: 
 
 City of New York — Office of the Mayor 
 
 March i, 1912 
 Dear Governor Dix 
 
 All honor to you for your statement in the Brandt case. 
 You have not, like other officials before whom this matter 
 came, prostrated yourself and your office before the news- 
 paper publisher who has championed this scamp in order 
 to defame and mortify women and men of the highest 
 character and benevolence in this community, and put 
 
3/8 Public Papers of Governor Dix 
 
 afoot what we have not had here before in many years, an 
 anti-race hostility. It was most regrettable to see some 
 other newspapers fall in with this purpose. 
 
 May I call your attention to certain things which your 
 statement does not contain, probably because your at- 
 tention was not called to them. Brandt was indicted for 
 burglary in the first degree. Being arraigned for the sec- 
 ond time he pleaded guilty on March 28, 1907. One week 
 later, namely, on April 4, he was brought up for sentence. 
 The presiding judge, as is usual, asked him a number of 
 questions with a view to searching him, so as to fit the 
 sentence to such a degree of leniency or of severity as 
 the case and the prisoner's character required. The sen- 
 tence was severe. On its face a sentence of 30 years is 
 too severe. But no one can read the answers which 
 Brandt made to the cjuestions of the judge without saying 
 that there was reason for the severe sentence. 
 
 In answer to a question the prisoner admitted that he 
 had been previously convicted of the crime of larceny. In 
 answer to a cjuestion how he entered the house, the 
 prisoner stated that he got into the cellar through an 
 opening covered by a grate in the rear of the house, and 
 then through a cellar door. After getting into the cellar 
 he said he armed himself with a tenpin. He must have 
 been in the cellar in order to get this tenpin, although in 
 applying to you for a pardon he stated he entered by the 
 front door by means of a key furnished him for the 
 purpose. He then went to the next floor and armed him- 
 self in the pantry with a carving knife seven inches long. 
 These are his own exact statements. He then went up- 
 stairs to the third floor and hid himself in the dressing 
 room of Mr. Schiff in the dark. This is his exact state- 
 ment. The judge asked him why he went into the house. 
 
Pardons, Commutations, Reprieves, Etc. 379 
 
 He answered, " I went up there to ask for assistance. I 
 was very poor at the time and I went there to ask for 
 assistance. I went there to see Mr. Schiff." The judge 
 then asked him, " Why did you arm yourself with a 
 bowHng-alley pin and a carving knife if you went there to 
 ask assistance of Mr. Schifif?" to which the prisoner 
 answered, " If he bothered me in there and thought there 
 was a burglar I could protect myself." Being asked the 
 same question again he answered, " I thought I might be 
 attacked and Mr. Schiff might think there might be a 
 burglar in the house, and I could protect myself." The 
 judge then asked, " Did you expect him to make an at- 
 tempt against you? " to which the prisoner answered, 
 " He did not, but I thought I better be prepared." Being 
 asked by the judge what he was doing in the house from 
 half-past eight when he entered until half-past ten, he 
 answered, " I was waiting for Mr. Schifif in his dressing 
 room on the third floor." He then described how there 
 was no light in the room and how Mr. Schifif entered the 
 room, and how, as soon as Mr. Schiff crossed the threshold 
 of this dark room, he, the prisoner, hit him on the head 
 with the tenpin, and how Mr. Schiff jumped aside and 
 turned on the light and confronted him. These are his 
 words : " I hit Mr. Schiff in the dark and then Mr. Schifif 
 turned on the light." The judge asked him if he asked 
 Mr. Schifif for money before or after he struck him, and 
 he answered, " After I struck him." He then described 
 how Mr. Schiff did the best he could to keep him off and 
 pacify him and get him out of the house in the easiest 
 way possible, the same as any of us would have done. 
 
 It seems incredible that such a character could be taken 
 out of prison and brought down here to this civilized city 
 by the mere exploitation of a vulgar and sensational news- 
 
380 Public Papers of Governor Dix 
 
 paper publisher and made a hero of here among certain 
 people. His statements and those of certain blacklegs 
 who are aiding him were accepted by some people off- 
 hand, without regard to their improbability or extrava- 
 grance, while nothing said by Mr. Schiff and his relatives, 
 associates and friends was given any credence, although 
 they are known in this community as honorable people, 
 much of whose lives is given up to works of humanity and 
 benevolence. Mark well, I am not saying that this was 
 the attitude or view of anything like a majority of the 
 people of this city. On the contrary, I have not from the 
 beginning met a single intelligent man or woman who 
 was not of the other view, and who did not feel a sense 
 of outrage that such a dishonorable and demoralizing ex- 
 ploitation could be perpetrated here. 
 
 And probably the most lamentable thing of all is that 
 a judicial officer went back of and set at naught the valid 
 judgment of conviction in this case on a writ of habeas 
 corpus, and released the prisoner, on the ground that 
 when the judge who sentenced him was examining him in 
 the way which I have already described, the prisoner said 
 that the cellar grate was open, and the cellar door was 
 open, and the door from the cellar to the next floor was 
 open, and all the doors were open, so that he got in and 
 up into Mr. Schiff's dressing room on the third floor, 
 where he lay in wait to assault him, without opening any 
 grate or any door, which would technically make the 
 crime fall below burglary in the first degree, on the 
 ground that no " force " was used to enter. This state- 
 ment of the prisoner was no part of his plea of guilty at 
 all. He had pleaded guilty a week before and the record 
 was made up. The examination of the prisoner when he 
 
Pardons, Commutations, Reprieves, Etc. 381 
 
 was sentenced is no part of the record of conviction. And 
 more than that, the judge was not obUged to behave any- 
 thing, much less everything, that the prisoner said to him 
 when he was examining him preliminary to sentencing 
 him. There was evidence, if the prisoner had stood trial, 
 that the cellar grate and the cellar door were not open. 
 And that they were open, and the door leading from the 
 cellar upstairs was open, and every other door open, is 
 too much for belief. 
 
 And as you well say the reason which he gave in apply- 
 ing to you for pardon for having visited Mr. Schiff's house 
 is more infamous than if he had entered it for burglary. 
 If he had stood trial and made such a defence as that 
 before a jury they would have convicted him without 
 leaving their seats. And yet a newspaper publisher has 
 been able for many days to exploit him here as a hero and 
 an injured innocent, the victim of a race conspiracy, and 
 thereby excite passion and race prejudice which are dis- 
 graceful to our city. 
 
 Sincerly yours, 
 
 (Sgd.) W. J. GAYNOR 
 
 Mayor 
 Hon. John A. Dix 
 
 Governor 
 
 Commutation of the Sentences of Peter Jordan and Hugh 
 
 McDonald 
 
 October 15, 1912 
 
 Governor Dix has to-day commuted the sentence of 
 Peter Jordan, who is now confined in Auburn prison for 
 burglary, third degree, and who is serving a sentence of 
 four years, four months, to one year, eight months and 
 
382 Public Papers of Governor Dix 
 
 one day. The reason for the Governor's action in this 
 case is owing to the health of the prisoner. It has been 
 represented to the Governor by the prison physician and 
 Mrs. Maud BaUington Booth, that the prisoner is in a 
 dying condition and the sentence is commuted so that he 
 may return to his parents in Syracuse. 
 
 Hugh McDonald, now confined in Auburn prison for 
 forgery, second degree, for a minimum of three years and 
 a maximum of five years, has been commuted to a mini- 
 mum of two years, five months and a maximum of five 
 years. This commutation is recommended by the District 
 Attorney of Cattaraugus county, on the ground that the 
 prisoner had been sufficiently punished. The commuta- 
 tion is granted so that the case may come before the 
 Parole Board at its November meeting at Clinton prison. 
 
 Commutation of the Sentence of Lewis J. Abrams 
 
 December 10, 191 2 
 Governor Dix has to-day commuted the sentence of 
 Lewis J. Abrams, who was convicted in the Court of 
 Special Sessions in New York county on December 4, 
 191 2, of violating section 943 of the Penal Law, in rela- 
 tion to mock auctions and received a maximum sentence 
 for such violation, to wit : to be imprisoned in the city 
 prison for 30 days and to pay a fine of $100. It has been 
 shown to the Governor from numerous letters and a 
 petition that this sentence was unduly severe and on the 
 recommendation of one of the judges of the court, the 
 Governor, after carefully considering the case, has decided 
 that he would commute the sentence, so that Abrams 
 should be released immediately upon his payment of the 
 fine. 
 
Pardons, Commutations, Reprieves, Etc. 383 
 
 Concerning the Commutation of the Sentence of Louis 
 
 J. Abrams 
 
 State of New York — Executive Chamber 
 
 December 12, 1912 
 
 In regard to the commutation, day before yesterday, of 
 Louis J. Abrams, in connection with which the Commis- 
 sioners of Accounts of New York city have seen tit to 
 write me an open letter of criticism, I beg to state that 
 this case was presented to my attention by a disinterested 
 attorney of high reputation and standing, Mr. Gustavus 
 A. Rogers of 160 Broadway, New York city. 
 
 Mr. Rogers came to Albany for the sole purpose of 
 presenting the application for Abrams' pardon, signed by 
 a number of reputable business men of New York city, 
 and accompanied by strong letters of endorsement from 
 many prominent firms, among which were the Inter- 
 national Silver Company, 9-19 Maiden Lane, and A. A. 
 Vantine and Company. 
 
 There was also presented a personal letter from the 
 Hon. Max Schlivek, Assemblyman from the 31st District 
 of New York county. 
 
 It was stated to me, that at the same time that Mr. 
 Abrams was convicted, another man by the name of Ross 
 was before the same court charged with the same ofifense, 
 and his attorney assured him that a plea of guilty would 
 result only in a fine. Mr. Abrams not being represented 
 by counsel accepted the advice of the Ross attorney and 
 pleaded guilty; and, although Ross was. given a $50 fine, 
 Abrams was sentenced to the extreme penalty of $100 
 fine and thirty days in jail. 
 
384 Public Papers of Governor Dix 
 
 Upon Mr. Rogers' request I phoned the Hon. Henry 
 Steinert, Justice of the Court of Special Sessions, before 
 whose term Abrams was sentenced, and the Justice stated 
 to me that in view of certain considerations surrounding 
 the man's business situation and health' condition in his 
 family, upon presentation of the case by Mrs. Abrams he 
 recommended the commutation of the imprisonment part 
 of the sentence. As the man had already suffered six days 
 in jail, and was obliged still to pay double the fine of a 
 man sentenced for a similar crime by the same court on 
 the same day, it seemed that commutation was amply 
 justified. 
 
 I do not feel called upon ordinarily to make explana- 
 tions of my actions in fulfilling my conception of my 
 duties in the matter of Executive clemency which, under 
 the Constitution, is vested solely with the Governor. But 
 I desire to take advantage of this little case to state that 
 in each and every application for Executive clemency 
 which I have investigated I have given the most earnest 
 consideration to all the circumstances and data on file in 
 this of^ce and 'have attempted to reach conclusions which 
 I felt to be in keeping with the best interests of justice 
 not only to the people but to the prisoner and his rela- 
 tives who, I regret to say, are usually the chief sufiferers 
 in these circumstances. 
 
 After two years as Governor of this greatest State in 
 the Union I am thoroughly convinced that a Pardoning 
 Board should be created, by Constitutional amendment, 
 to consider all applications for pardon, commutation of 
 sentence, restoration to citizenship and parole, which 
 Board would be able to thoroughly and comprehensively 
 investigate all of the circumstances and claims in con- 
 
Pardons, Commutations, Reprieves, Etc. 385 
 
 nection with the very great number of cases which are 
 undoubtedly worthy of Executive action. 
 
 It is impossible for any Governor to personally investi- 
 gate, as he would wish, each case that is presented to 
 him ; and it was with the desire to obtain a personal re- 
 port on the most urgent cases that I sent my Assistant 
 Legal Adviser, Mr. Potter, to visit the different penal 
 institutions in this State to investigate the applications 
 which had accumulated and which were urged as worthy 
 of immediate consideration. 
 
 In practically every case which has come before me I 
 have not given favorable action unless such action was 
 recommended by the committing judge, the prosecuting 
 attorney, or both. 
 
 I have received a great number of letters from dis- 
 tinguished citizens of this State in all walks of life, whose 
 commendation has been indeed gratifying; and, coming 
 as they do from individuals of the highest standing in 
 their respective communities, far more than outweigh 
 the cavil and criticism of an unlicensed press, which pub- 
 lishes statements without investigation. The following 
 letter received to-day is a good illustration: 
 
 " Buffalo, N. Y., Dec. 11, 1912 
 My dear Governor 
 
 I have noticed some criticisms in the Press rela- 
 tive to your exercise of the pardoning power as 
 Governor. As a former District Attorney of Erie 
 County and with some knowledge of the subject, I 
 take the liberty of congratulating you in doing what 
 you believe your conscience dictated to be right. 
 The exercise of the pardoning power by the Chief 
 
386 Public Papers of Governor Dix 
 
 Executive of this State I believe is one of his most 
 important functions. Many governors in the past 
 have beHeved that the granting of pardons was more 
 a matter of favor than duty and as a result of this 
 view and inattention in this direction on the part of 
 some of our recent governors and in some cases 
 called to my particular attention, very great injustice 
 has been done. I simply make the point that no 
 criticism should be offered a governor who acts 
 conscientiously in the exercise of this great duty." 
 
 As this is probably the last word which I will have to 
 say on this topic as Governor of this State, I can only 
 add that it is my sincere hope that the conscientious 
 efforts which I have made to do justice to a most trying 
 situation will bring home to the people of this State the 
 necessity of taking action through their representatives, 
 looking to the early consummation of the plan which I 
 have suggested. 
 
 (Signed) JOHN A. DIX 
 
XII 
 EXTRADITIONS 
 
 [387] 
 
Xil 
 
 EXTRADITIONS 
 
 Rendition of William Qeppert 
 
 Governor's Opinion 
 State of New York — Executive Chamber 
 
 Albany, June 28, 1912 
 
 /)( the Matter of the Application of the Governor of 
 Illinois for the Rendition of William Geppert as a 
 Fugitive from Justice 
 
 The Governor of Illinois has made requisition for the 
 surrender of ^Villiam Geppert, charged in that State with 
 the crime of conspiracy and libel. The requisition is ac- 
 companied by a copy of the indictment found in the county 
 of Will, and certified' by the Governor of Illinois to be 
 authentic. 
 
 There are affidavits submitted on behalf of the State of 
 Illinois to show that the accused was within the State at 
 times it is chai^ged in the indictment the acts of consph^acy 
 were committed. Indeed, the affidavit of the accused sub- 
 mitted to me concedes his presence in the State of Illinois 
 during times between October, 1907, and March 4, 191 2, 
 when it is alleged the acts of coiispiracy were committed. 
 
 It is contended on behalf of the accused that he is not a 
 fugitive from justice. In support of that contention an 
 affidavit is submitted that he was not in the State of Illinois 
 on January 2, 1912, when it is charged in the indictment 
 the libel was committed, but that on said date he was in 
 the city of New York. This affidavit was not controverted. 
 But it is contended by the State of Illinois that it is not 
 limited to the precise date set forth in the indictment. 
 
 [389] 
 
390 Public Papers of Governor Dix 
 
 It is a well settled principle of law that upon the trial 
 the exact date alleged in the indictment is not material, and 
 that the State can prove the commission of the crime at a 
 different time, by merely amending the indictment. 
 
 But, further, the crime also alleged in the indictment is 
 conspiracy. It is alleged in the indictment that the acts of 
 conspiracy were committed between October, 1907, and 
 March 4, 1912. 
 
 It is not necessary to prove that this crime was committed 
 in any one day. 
 
 "A conspiracy may be proved, as other facts are 
 proved, by circumstantial evidence and parties per- 
 fomiing disconnected overt acts, all contributing to 
 the same result and the consummation of the same 
 offense, may, by the circumstances and their general 
 connection or otherwise, be satisfactorily shown to be 
 conspirators and confederates in the commission of 
 the offense. One party may allure the victim into the 
 den, leaving it to others to effect the robbery, and all 
 will be held equally guilty as confederates." (Kelley 
 v. People, 55 N. Y., 576.) 
 
 In view of the allegations in the indictment, I must find 
 that the charge which the accused, if surrendered, would 
 be called upon to meet under the indictment, is not limited 
 to any one day, but covers the period between October, 
 1907, and March, 1912. This, I believe, disposes of the 
 first objection raised by the accused. 
 
 The other point to be determined by me, is whether the 
 defendant is a fugitive from justice with respect to the 
 charges of conspiracy alleged in the indictment. 
 
 It was suggested by counsel for the accused at the hear- 
 ing that the defendant has not fled from the State of Illinois 
 
Extraditions 391 
 
 upon this charge, but that he is now wiUing to be tried upon 
 another charge in another county of the same State. That 
 fact can in no way be considered in deciding this apphcation. 
 It is not necessary that the accused should have left the 
 State in which the crime is alleged to have been committed 
 for the purpose of avoiding a prosecution. 
 
 " The sole purpose of this statute and of the con- 
 stitutional provision which it was designed to carry 
 into effect, was to secure the return of persons who 
 had committed crime within one State and had left it 
 before answering the demands of justice. The im- 
 portant thing is not their purpose in leaving, but the 
 fact that they had left, and hence were beyond the 
 reach of the process of the State where the crime was 
 committed." (State v. Richter, 37 Minn., 436.) 
 
 Nor does it make any difference if the accused resides 
 in the State where he is found, which is the case with this 
 defendant. The term embraces 
 
 " not only a case where a party after committing a 
 crime actually flees, in the literal sense of that term, 
 from the State where such crime was committed, but 
 also a case where a citizen of one State, who within 
 the territorial limits of another State, commits a crime, 
 and then simply returns to his own home." {Ex parte 
 Swearmgen, 13 S. C, p. 74.) 
 
 Much was said at the hearing of this application about 
 the merits of this case. It is not proper nor legal upon 
 an application of this kind to consider the merits of the 
 charge. It is only necessary to show a crime was charged 
 by indictment or affidavit as the statute requires. 
 
392 Public Papers of Governor Dix 
 
 It is only necessary that it appears that the accused was 
 within the State of Ilhnois at or during the time to which 
 the charge relates. Under the indictment the alleged acts 
 cover a period between October, 1907, and March, 1912. 
 The affidavit of the accused itself admits presence in the 
 State of Illinois at times during this period. Whether the 
 acts within that State are of a character to justify his con- 
 viction, must be decided in the State of Illinois upon the 
 trial of the accused and cannot properly be heard by me 
 upon this application. 
 
 I am therefore convinced that this requisition should be 
 honored by me. 
 
 (Signed) ROBERT F WAGNER 
 
 President Pro Tein. of the Senate, 
 Acting Governor 
 
 Revocation of Warrant for the Rendition of Alfred 
 George Curphey 
 
 State of New York — Executive Chamber 
 
 In the Matter of the Requisition for Alfred George 
 
 Curphey 
 
 The requisition of the Governor of the State of Penn- 
 .sylvania, dated June 27, 191 1, for the rendition of Alfred 
 George Curphey, charged with the crime of misdemeanor 
 (obstructing public justice — conspiracy and contempt) 
 in that State, having been honored heretofore, to wit, on 
 the 8th day of July, 191 1, and a warrant for the arrest 
 and rendition of said Alfred George Curphey having been 
 issued to the Police Commissioner of the city of New 
 
Extraditions 393 
 
 York, and the Governor of the State of Pennsylvania, 
 Honorable John K. Tener having applied for the vacating 
 of said warrant, 
 
 Ordered, that the said warrant for the arrest and rendi- 
 tion of said Alfred George Curphey be, and the same 
 hereby is, revoked and vacated. 
 
 Given under my hand and the Privy Seal of the 
 
 State at the Capitol in the city of Albany, this 
 
 [l. s.] twelfth day of November in the year of our 
 
 Lord one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 By the Governor 
 
 John A. Mason 
 
 Secretary to the Governor 
 
 Revocation of Warrant for the Rendition of Thomas W. 
 
 Kirkbride 
 
 State of Nevi' York — PixEcuTivE Chamber 
 /;; the Matter of the Requisition for Thomas W . Kirkbride. 
 The requisition of the Governor of the State of Penn- 
 sylvania, dated June 27, 191 1, for the rendition of" 
 Thomas W. Kirkbride, charged with the crime of mis- 
 demeanor (obstructing public justice — conspiracy and! 
 contempt) in that State, having been honored heretofore, 
 to wit, on the 8th day of July, 1911, and a warrant for 
 the arrest and rendition of said Thomas W. Kirkbride 
 having been issued to the Police Commissioner of the 
 city of New York, and the Governor of the State of 
 Pennsylvania, Honorable John K. Tener having applied 
 for the vacating of said warrant, 
 
394 Public Papers of Governor Dix 
 
 Ordered, that the said warrant for the arrest and rendi- 
 tion of said Thomas W. Kirkbride be, and the same 
 hereby is, revoked and vacated. 
 
 Given under my hand and the Privy Seal of the 
 
 State at the Capitol in the city of Albany, this 
 
 [l. s.] twelfth day of November in the year of our 
 
 Lord one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 
 By the Governor 
 
 John A. Mason 
 
 Secretary to the Governor 
 
 Revocation of Rendition for Q. F. Farmer, G; M. Fisher 
 and W. J. Scott 
 
 Warrant for Arrest and Rendition Revoked and 
 
 Vacated 
 
 State of New York — Executive Chamber 
 
 In the Matter of the Requisition for G. F. Farmer, G. M. 
 Fisher and IV. J. Scott, Alias H. N. Scott, Fugitives 
 from the Justice of the State of Pennsylvania 
 
 The requisition of the Governor of the State of Penn- 
 sylvania, dated December nth, 1912, for the rendition of 
 G. F. Farmer, G. M. Fisher and W. J. Scott, alias H. N. 
 Scott, charged with conspiracy to cheat and defraud in 
 that State, having been honored heretofore, to wit, on 
 the i6th day of December, 1912, and a warrant for the 
 arrest and rendition of said G. F. Farmer, G. M. Fisher 
 and W. J. Scott, alias H. N. Scott, having been issued to 
 the Police Commissioner of the city of New York, and 
 
Extraditions 395 
 
 having been forwarded to Fred W. McFarlin, District 
 Attorney, at Ridgway, Pennsylvania, and it having satis- 
 factorily appeared to me that no proceedings have been 
 taken under such warrant by the State of Pennsylvania, 
 and the State of Massachusetts having asked for the 
 rendition of one Glen F. Farmer, who is under arrest in 
 the city of New York awaiting extradition by that State, 
 Ordered, That the said warrant for the arrest and 
 rendition of said G. F. Farmer, G. M. Fisher and W. J. 
 Scott, alias H. N. Scott, be, and the same hereby is, 
 revoked and vacated. 
 
 Given under my hand and the Privy Seal of the 
 
 State at the Capitol in the city of Albany, this 
 
 [l. S.J thirtieth day of December in the year of our 
 
 Lord one thousand nine hundred and twelve. 
 
 (Signed) JOHN A. DIX 
 
 By the Governor 
 
 John A. Mason 
 
 Secretary to the Governor 
 
XIII 
 MISCELLANEOUS 
 
 [397] 
 
Xlll 
 
 MISCELLANEOUS 
 
 Statement of Governor Dix Respecting the Conservation 
 Commission's Bill in Relation to the Development of 
 Water Power 
 
 Albany, N. Y., February 29, 1912 
 
 I have not had time to carefully examine the bill in- 
 troduced at the request of the conservation commission, 
 but in my message I suggested that the people were cus- 
 todians of the natural resources within the borders of 
 the State; that a proper conservation of the waters em- 
 braced ownership or power of control and regulation by 
 the State to the end that the people should derive all the 
 benefits from a development of such natural resource. 
 That the waters conserved should be utilized and dis- 
 posed of by the people and for the people with due regard 
 for the rights of private interests and any measure that 
 would result in the practical working of such a plan, and. 
 which would enable the impounded or available waters to 
 be utilized for power, to be disposed of upon terms that 
 would encourage the development of industries; create 
 for labor greater opportunities for employment, and con- 
 tribute generally to the material prosperity of the com- 
 monwealth was desirable. 
 
 If the bill introduced by the conservation commission 
 meets these requirements and protects the interests of the 
 people, it should receive very serious consideration by the 
 Legislature. 
 
 I prefer not to make any further comment with refer- 
 ence to the measure without more study of its provisions. 
 
 [399] 
 
400 Public Papers of Governor Dix 
 
 Statement by Governor Dix in Relation to tlie Rejection 
 of tlie Nomination of Herbert P. Bissell for the Posi= 
 tion of Public Service Commissioner 
 
 Albany^ March 15, 1912 
 
 I selected Mr. Bissell because, in my judgment, he is 
 in character, ability, training and temperament conspicu- 
 ously qualified for this important and responsible office. 
 And I am convinced that my judgment in this respect of 
 personal fitness was not at fault, for the reason that 
 neither in the debate on the nomination, nor, as far as I 
 have learned, in any public or private comment thereupon, 
 has there been urged a single objection on that score. It 
 unfortunately appears that questions of party fitness, of 
 political expediency and of Senatorial courtesy are also to 
 be considered in such a case. While deprecating this fact, 
 its existence may not be denied, and the pubHc is ac- 
 cordingly entitled to an expression of my convictions upon 
 that aspect of the case as well. 
 
 In regard to party fitness, it should be enough to say 
 in reminder that Mr. Bissell has, in more than one in- 
 stance, received from his party a notable expression of 
 confidence, both in his selection for a most honorable 
 party position and in his appointment, under unanimous 
 party approval, to high public office. It may fairly be 
 asked, what has he since done to justify withdrawal of the 
 confidence so recently and with such absolute unreserve 
 reposed in him? I am aware of nothing of a partisan 
 nature which he has done since receiving these honors 
 except to labor unceasingly for the public weal and with 
 high-minded devotion for the party welfare and success. 
 And finally, with regard to " Senatorial courtesy," even 
 
Miscellaneous 401 
 
 admitting that such a consideration properly exists, I be- 
 Heve that any possible requirement from this standpoint 
 has been met by the fact that two of the three Senators 
 from his home district are heartily in favor of Mr. Bissell's 
 appointment, the significance of which fact has been em- 
 phasized by the cordial approval and support of all their 
 party associates outside of the Metropolitan district. 
 
 Mr. Bissell was not only my first choice at the time, 
 but I then had no second choice, and for the reasons 
 stated I have no second choice now, nor shall I have any. 
 
 Statement by Governor Dix in Relation to the Appoint= 
 ment of the Hon. Fred H. Parker 
 
 Albany, N. Y., November 16, 1912 
 I have this day appointed Mr. Fred Parker, of Esopus, 
 as a member of the State Hospital Commission to fill the 
 vacancy in that body caused by the appointment of Mr. 
 Bissell to the Supreme Court. I wish to say in connec- 
 tion with this place that Mr. Parker will bring to this 
 particular and important service a trained ability and ripe 
 experience in safeguarding the large properties which 
 make so important a factor in this department. The re- 
 tirement of Mr. Bissell, and the announced retirement of 
 Colonel Sanger with the expiration of my term as Gov- 
 ernor will have been a chapter in constructive reform in 
 this administration which has been accomplished in an 
 orderly, dignified and forceful manner. 
 
 There are in our State institutions to-day 40,000 in- 
 mates, and the appropriations necessary to carry on this 
 great work amounts to $8,650,000, a sum equal to that 
 devoted to extending educational advantages through our 
 26 
 
402 Public Papers of Governor Dix 
 
 public schools and colleges. This population in our State 
 hospitals represents a side of life little known to the great 
 majority of our citizens, the responsibility of whose pro- 
 tection and correction is borne by the State Hospital 
 Commission. 
 
 Colonel Sanger and Mr. Bissell have worked' un- 
 ceasingly, conscientiously and at much personal sacrifice 
 to have this department one of distinction and dignity. 
 
 It was their selection of Dr. May to head the Commis- 
 sion; and of his abihty and special fitness one can speak 
 only in superlatives. To him will come the added re- 
 sponsibility of guiding this great work, and it is to ably 
 assist him that Colonel Sanger will remain on the Com- 
 mission another month, that his long experience may be 
 of assistance and help to Mr. Parker. 
 
 Colonel Sanger's retirement on January first will ter- 
 minate on this Commission a long and faithful public ser- 
 vice in wihich every heart-beat has been a throb of 
 sympathy for the unfortunate people who are directly in 
 care of the State through the operation of our hospital 
 system. 
 
 I can only add that the accomplishment in this one de- 
 partment, which has had my earnest co-operation and 
 much of my time and thought, compensates for the unjust 
 clamor of the un-informed public mind. 
 
 (Signed) JOHN A. DIX. 
 
Miscellaneous 
 
 Regarding the Titanic Disaster 
 
 403 
 
 April 17, 1912 
 Being asked about the Titanic disaster, Governor Dix 
 
 said: 
 
 " I am inexpressibly shocked and pained. The 
 appalHng extent of the tragedy staggers the imagina- 
 tion and overwhelms the mind with grief. At such a 
 time what can one do but attempt to give voice to 
 the profound sympathy for the bereaved that fills 
 the heart, and pray that they may be given strength 
 which is beyond human power to bestow." 
 
 Concerning tlie Removal of Major-Qeneral O'Ryan 
 
 State of New York — Executive Chamber 
 
 Albany, December 18, 191 2 
 
 In connection with the Attorney-Generars decision in 
 granting the application of Justices Gildersleeve and 
 O'Brien, I feel that the large number of citizens inter- 
 ested directly and indirectly in the Militia are entitled to 
 know the causes leading up to my reluctant action in re- 
 moving Major-General O'Ryan from active command of 
 the National Guard. 
 
 During the winter of 1911-1912 Major O'Ryan's candi- 
 dacy was the subject of much discussion, but I finally 
 decided that the arguments in his favor, including the 
 high endorsement of General Wood, outweighed those 
 opposed and I decided to nominate him to succeed Gen- 
 eral Roe. 
 
404 Public Papers x)f Governor Dix 
 
 The question of salary or some form of continuous pay 
 was then brought up and I told Major O'Ryan that, 
 although I felt that the Major General should receive a 
 compensation, there was no legal way in which it could 
 be done at the present time. 
 
 Knowing that he was not a man of large means I 
 ofifered him the choice of Major-General or Adjutant- 
 General, the latter carrying with it a salary, if that were 
 to be a necessary consideration, and he selected the more 
 permanent, but unsalaried position. 
 
 While I was in Europe General O'Ryan was sworn in 
 on May ist and immediately asked the Adjutant-General 
 to issue orders placing him on duty with pay. This. the 
 Adjutant-General refused to do, so appeal was made to 
 the Lieutenant-Governor who, not knowing of the prior 
 history of the case sent to the Adjutant-General the text 
 -of an order which he directed him to issue. 
 
 The Adjutant-General having no alternative or option 
 caused to be issued the Acting Governor's order, but by 
 virtue of his legal designation as Auditor of Military ac- 
 counts, refused to honor the voucher for pay which the 
 Major-General submitted on June ist covering the period 
 from date of order including Sundays. 
 
 Upon my return from Europe early in June, I was 
 greatly surprised to learn of this action by O'Ryan dur- 
 ing my absence and deeply concerned to find a condition 
 of friction developed as a result thereof. 
 
 My expectations of harmony and co-operation were 
 disappointed and despite repeated personal efforts on my 
 part to reheve the strained situation, the friction con- 
 tinued throughout the summer and early fall, General 
 
Miscellaneous 405 
 
 O'Ryan apparently losing sight of the fact that the Ad- 
 jutant-General in the furtherance of his progressive ad- 
 ministration of Military affairs was issuing the orders of 
 the Commander-in-Chief and not his own. 
 
 This antagonism to the work of General Verbeck con- 
 tinued with increasing bitterness until it reached a point 
 involving the efficient administration of the Military 
 ■affairs of the State, including disregard of the oft-ex- 
 pressed personal wishes and official directions of the 
 Commander-in-Chief. 
 
 Therefore, to officially define the status of the chief 
 administrative officer of MiHtary affairs, I ordered the 
 creation of the position of Chief of Staff whose duties 
 should be performed by my Adjutant. 
 
 To this order of the Commander-in-Chief, General 
 O'Ryan took vigorous exception, calling meetings of 
 commanding officers to discuss it and going over my 
 head to the authorities at Washington asking their 
 interference. 
 
 This, as a culmination of the long series of acts preju- 
 dicial to good order and discipline would in itself have 
 warranted his relief from duty, but as a further effort 
 towards harmony and out of personal regard for the man 
 as well as respect for his high office, 1 allowed him the 
 privilege of submitting a brief as to the legal aspects of 
 the creation of the new position. 
 
 This brief was in my hands and had not even been 
 reviewed by the Attorney-General when its contents -ap- 
 peared in the public prints and I thereupon consummated 
 his immediate relief from command by the disbandment 
 of the Divisional Organization, under section 30 of the 
 Military Law. 
 
4o6 Public Papers of Governor Dix 
 
 I greatly regret that my appointment of an enthusiastic- 
 young officer to the highest operative position in the 
 National Guard should have resulted in so warping his- 
 judgment and respect for customary procedure that his. 
 relief from duty became an immediate necessity. 
 
 (Signed) JOHN A. DIX 
 
XIV 
 CORRESPONDENCE 
 
 [407] 
 
XIV 
 CORRESPONDENCE 
 
 " Department of State 
 Washington 
 
 May 17, 1912 
 His Excellency, the Governor of the State of New York, 
 Albany, New York 
 Sir. — I have the honor to enclose a certified copy of a 
 Resolution of Congress, entitled ' Joint Resolution Pro- 
 posing an amendment to the Constitution providing that 
 Senators shall be elected by the people of the several 
 States,' with the request that you cause the same to be sub- 
 mitted to the Legislature of your State for such action as 
 may be had, and that a certified copy of such action be 
 communicated to the Secretary of State, as required by 
 Section 205, Revised Statutes of the United States. 
 
 An acknowledgment of the receipt of this communication 
 is requested. 
 
 I have the honor to be, Sir, 
 
 Your obedient servant, 
 
 P. C. KNOX 
 
 Sixty-Second Congress of the United States of 
 
 America; 
 
 At the Second Session, 
 
 Begun and held at the City of Washington on Monday, 
 
 the fourth day of December, one thousand nine 
 
 hundred and eleven. 
 
 Joint Resolution 
 
 Proposing an amendment to the Constitution providing 
 
 that Senators shall be elected by the people of 
 
 the several States. 
 
 Resolved by the Senate and House of Representatives of 
 the United States of America in Congress assembled (two- 
 
 [409] 
 
41 o Public Papers of Governor Dix 
 
 thirds of each House concurring therein). That in lieu of 
 the first paragraph of section 3 of Article i of the Consti- 
 tution of the United States, and in lieu of so much of para- 
 graph two of the same section as relates to the filling of 
 vacancies, the following be proposed as an amendment to 
 the Constitution, which shall be valid to all intents and 
 purposes as part of the Constitution when ratified by the 
 Legislatures of three-fourths of the States : 
 
 ' The Senate of the United States shall be composed of 
 two Senators from each State, elected by the people 
 thereof, for six years; and each Senator shall have one 
 vote. The electors in each State shall have the qualifica- 
 tions requisite for electors of the most numerous branch 
 of the State Legislatures. 
 
 ' When vacancies happen in the representation of any 
 State in the Senate, the executive authority of such State- 
 shall issue writs of election to fill such vacancies : Provided,. 
 That the Legislature of any State may empower the ex- 
 ecutive thereof to make temporary appointments until the 
 people fill the vacancies by election as the Legislature may 
 direct. 
 
 * This amendment shall not be so construed as to affect 
 the election or term of any Senator chosen before it be- 
 comes valid as part of the Constitution.' 
 
 CHAMP CLARK 
 Speaker of the House of Representatives 
 
 J. S. SHERMAN 
 Vice-President of the United States and 
 President of the Senate 
 
 I certify that this Joint Resolution originated in the 
 House of Representatives. 
 
 SOUTH TRIMBLE 
 
 Clerk " 
 
Correspondence 41 1 
 
 State of New York — Executive Chamber 
 
 Albany, March 25, 1912 
 
 •Governor Dix to-day received the following letter : 
 
 The Prison Association of New York 
 135 East Fifteenth Street 
 
 March, 22, 191 2 
 His Excellency, John A. Dix, Governor of the State of 
 New York, Albany, N. Y. 
 
 Sir. — I am requested to inform you that at a regular 
 meeting of the board of managers of the Prison Associa- 
 tion of New York, held on March 21 in New York city, 
 ■the following resolutions were adopted : 
 
 Resolved, That the Prison Association of New York 
 iavors the permanent abandonment of all building opera- 
 tions in connection with the proposed State prison at 
 Wingdale, in view of the reports presented by the Gover- 
 nor of the State and by the Commission on New Prisons 
 as to the unsuitable nature of the site. 
 
 Resolved, further, That the Prison Association is not 
 in favor of the renovation of Sing Sing prison except 
 possibly as a temporary expedient in order for the time 
 being to obviate unsatisfactory physical conditions in that 
 institution. 
 
 Resolved, further, That the Prison Association favor 
 the erection of a new State prison, constructed upon most 
 modern lines, upon an adequate site to ta;ke the place of 
 Sing Sing prison. 
 
 Very truly yours, 
 
 (Sgd.) O. F. LEWIS 
 
 General Secretary 
 
412 Public Papers of Governor Dix 
 
 Resignation of Commissioner Pearson and Reply of 
 Governor Dix 
 
 State of New York — Department of Agriculture 
 
 Albany, January 15, 1912 
 
 Hon. John A. Dix, Governor of Nczi' York, Executive 
 Chamber, Albany 
 
 Dear Sir. — As indicated in my conversation with you 
 some days ago, I hereby resign as Commissioner of Agri- 
 culture, effective February 16 or as soon thereafter as my 
 successor shall qualify. If my successor desires to have 
 my advice or assistance in becoming acquainted with his 
 new duties, he will be welcome to all the help I can give 
 him. 
 
 For a long time I have wished to make a study of cer- 
 tain agricultural conditions in Europe and I have decided 
 to undertake this study at an early date. 
 
 It has been a great privilege to me to serve as Com- 
 missioner of Agriculture since April, 1908, and during a 
 time when changes in the interest of better agriculture 
 have been so marked. For your kind consideration, often 
 shown to me both in an official and personal way, I ex- 
 press my most grateful thanks ; and I wish you all success 
 in the administration of your great office. 
 
 I am, very truly yours, 
 
 (Sgd.) R. A. PEARSON, 
 
 Commissioner 
 
Correspondence 413 
 
 State of New York — Executive Chamber 
 
 AlbanYj January 16, 19 12 
 Hon. Raymond A. Pearson, Department of Agriculture, 
 Albany, N. Y. 
 
 Dear Mr. Pearson. — In accepting your resignation as 
 Commissioner of Agriculture I desire to state that you 
 have performed the duties of that responsible position in 
 an intelligent and efficient manner which reflects credit 
 upon that greatest of all industries, agriculture. 
 
 Your qualifications have fitted you to meet the trying 
 conditions promptly and well. Much has been accom- 
 plished in the advancement of all the departments, 
 especially that of giving instruction, and I desire to add 
 my word of commendation for the service you have 
 performed. 
 
 I believe you are inspired by the right idea when you 
 take up the study of agricultural conditions in foreign 
 countries, where intensive farming has been practiced for 
 generations. Thickly populated countries have been com- 
 pelled to get a greater yield per acre than we have felt 
 the necessity of accomplishing here. But the rapid in- 
 crease of inhabitants has presented to us conditions to be 
 met and problems to be solved without further delay. 
 And I believe you can perform no greater public service 
 than by studying conditions and methods abroad with an 
 idea of helping to solve these problems. 
 
 Wishing you the best of success, and with expressions 
 of my high regard, I am, 
 
 Very truly yours, 
 
 (Signed) JOHN A. DIX 
 
414 Public Papers of Governor Dix 
 
 Letter to Commissioner Huson in Relation to Suitable 
 Horses for the Army, tlie National Guard and Police 
 Departments 
 
 State of New York — Executive Chamber 
 
 Albany, February 16, 191 2 
 
 Hon. Calvin j. Huson, Commissioner of Agriculture, 
 Albany, N. Y. 
 
 My Dear Commissioner. — It has been brought to my 
 attention that the problem of obtaining suitable mounts 
 for the Army, National Guard, and Police Departments 
 of the country is becoming more and more difificult, and 
 it seems to me that the farmers of New York State could 
 and should be induced to produce the type of horses suit- 
 able for the various branches of mounted service in this 
 country. 
 
 The Federal government has been making scientific 
 efforts towards the re-establishment of standard breeds 
 in New England, and I would be glad to have your 
 opinion as to the best method of stimulating the interest 
 of and co-operation by the breeders of this State toward 
 the improvement of this important branch of animal 
 husbandry. 
 
 If, in your opinion, it will be necessary to expend any 
 moneys in addition to the regular budget of your depart- 
 ment in order to take up this question, I shall be glad to 
 have you submit an estimate as to the probable cost of 
 such investigation, looking to the introduction of such an 
 item in the appropriation and supply bills. This seems 
 to be a matter which your department can well take up 
 
Correspondence 415 
 
 to the great advantage of all concerned, and I hope that 
 you will be able to give me a report in the matter at an 
 early date. 
 
 Very truly yours, 
 
 (Signed) JOHN A. DIX 
 
 Letter to Sheriff Harburger of New York, Warning Him 
 to Prevent Illegal Voting 
 
 State of New York — Executive Chamber 
 
 Albany, March 20, 191 2 
 
 Hon. Julius Harburger, Sheriff of New York County, 
 New York City 
 
 Dear Sir. — I have been advised by one of the candi- 
 dates at the primary election which is to occur on the 26th 
 instant that there is good reason to believe illegal voting 
 will be attempted and violence offered in defiance of the 
 election laws, at the various polling places in the 26th 
 Assembly District in New York county. While I have not 
 the slightest doubt you are prepared to fully perform your 
 official duties in connection with this primary election, 
 I especially call your attention to the foregoing particulars 
 in order that you may be prepared for any emergency 
 which might possibly arise. 
 
 Respectfully yours, 
 
 (Signed) JOHN A. DIX 
 
41 6 Public Papers of Governor Dix 
 
 Telegram to Mrs. Abram S. Hewitt In Relation to Aid for 
 Survivors of the Titanic Disaster 
 
 State of New York — EIxecutive Chamber 
 
 Albany, April i8, 191 2 
 [Telegram] 
 Mrs. Abram S. Hewitt, President Women's Relief Com- 
 mittee, New York City 
 The overwhelming grief and sorrow brought to the 
 entire world by the sinking of the Titanic is assuaged to 
 a degree by the splendid and instantaneous response of 
 the American people to the cry for succor and help. It 
 is a cause of satisfaction that the sympathy of the women 
 of New York finds immediate and concrete expression in 
 an organized movement to extend aid and comfort to the 
 stricken survivors when they reach our shores, and 
 especially to relieve the pressing needs of the unfortunate 
 passengers who have lost their all. I regard it a privilege 
 to send to the Women's Relief Committee my heartfelt 
 wishes for the success of their noble mission of love and 
 mercy. 
 
 (Signed) JOHN A. DIX 
 
 Letter to Col. Joseph F. Scott, Chairman of the Commis- 
 sion on New Prisons, Regarding the Wingdale 
 Prison 
 
 State of New York — Executive Chamber 
 
 Albany, April i, 191 2 
 Colonel Joseph F Scott, Chairman Commission on Nen' 
 
 Prisons. Albany, N. Y. 
 Dear Sir 
 
 It is unnecessary for me to advise your Commission 
 that I am firmly of the belief that it is a gross violation 
 
Correspondence 417 
 
 of the rights of the pubHc that a prison should be built 
 at Wingdale, and of my determination to have the same 
 abandoned. 
 
 If your honorable body concludes that you are not 
 vested with the authority to cancel the contract for the 
 construction work, I desire to have you know that I shall 
 veto the appropriation for the purpose of continuing 
 work at Wingdale. 
 
 Very truly yours, 
 
 (Signed) JOHN A. DIX 
 
 Letter from the Rev. C. H. Parkhurst Concerning Police 
 Conditions in New York City 
 
 Reposo Cottage 
 Lake Placid, N. Y., August 23, 1912 
 
 To His Excellency, Governor Dix, Governor of the State 
 of Nezv York 
 
 Sir. — For many years I have taken deep personal in- 
 terest in the police conditions of New York city, and of 
 course the present situation there challenges the deep 
 concern of us all. 
 
 I see it reported that the suggestion has been made to 
 you that, should you see your way clear to do so, you 
 remove Rhinelander Waldo from his position as Com- 
 missioner of Police. The statement is made that in the 
 last analysis, he is responsible for existing conditions. 
 
 I do not understand that to be the fact. Unless I am 
 mistaken in my understanding of the charter under which 
 New York city is being governed the ultimate responsi- 
 bility for the working of the Police Department, as of 
 27 
 
4i8 Public Papers of Governor Dix 
 
 every other department, devolves exclusively upon the 
 Mayor. All the lines of authority are placed in his hands. 
 He has the power of appointment and of removal. So 
 that if he keeps in office a Commissioner who is either 
 corrupt or incompetent, the evil results of such Commis- 
 sioner's shortcomings are chargeable directly upon the 
 Mayor and upon him alone. 
 
 I am not writing this out of any personal friendship for 
 Mr. Waldo, although I believe him to be substantially 
 honest in his purposes and that he does as well as he can 
 do or as any man can do, so long as he is amenable to the 
 authority of Mayor Gaynor. It is my assured conviction 
 that the source of difficulty is located in City Hall and 
 tihat gubernatorial interference will be efifectively exer- 
 cised only when applied at that point. 
 Yours respectfully, 
 
 C. H. PARKHURST 
 
 Governor Dix's Reply to the Rev. Dr. Parkhurst 
 
 State of' New York — Executive Chamber 
 
 August 26, 1912 
 
 My Dear Doctor Parkhurst. — Acknowledging re- 
 ceipt of your esteemed favor of the 23rd instant, I desire 
 to have you know that I am in hearty co-operation with 
 you in your work for bettering the conditions in New 
 York city. That was the purpose I had in mind some 
 weeks ago when I interviewed Judge Goff, asking him 
 that if the occasion arose he would serve as special term 
 judge. I believe in his absolute integrity, and ability to 
 lend his splendid equipment to relieve conditions in the 
 city of New York. 
 
Correspondence 419 
 
 As regards the matter of the removal of the PoHce 
 Commissioner, I am watching the situation from day to 
 day and shall act at the moment the time seems propitious 
 for the Executive to take a hand in an entirely municipal 
 afifair. The evil must be attacked at its source; but it is 
 often necessary to wade a stream to find its origin. 
 
 Permit me to express to you my satisfaction and appre- 
 ciation for the work you are doing, and with expressions 
 of my high regard, I am. 
 
 Very truly yours, 
 
 (Signed) JOHN A. DIX 
 
 Letter to J. Hampton Moore Extending an Invitation to 
 the Atlantic Deeper Waterways Association 
 
 State of New York — Executive Chamber 
 
 Sept. 4, 1912 
 
 Mr. J. Hampton Moore, President Atlantic Deeper 
 Waterways Association, Philadelphia, Pa. 
 
 My Dear Sir. — May I, through you, extend an invita- 
 tion to The Atlantic Deeper Waterways Association to 
 hold its meeting in 191 3 in the city of Albany, the Capital 
 of the Empire State? 
 
 The Hudson river is one of the gateways of the great 
 producing States of the Union and should receive the 
 best attention from the government if this country is to 
 maintain its position among other nations of the world. 
 The expenditure of $125,000,000 for a waterway through 
 the State is an evidence of the desire of New York to 
 maintain its position as the Empire State, and should it 
 receive the co-operation of the Federal government in the 
 development of its waterways, the progressive spirit of 
 the age will prevail. 
 
420 Public Papejis of Governor Dix 
 
 If your Association would honor us with its presence 
 you will be given an opportunity to see at close range the 
 corpmercial importance of the Hudson and the imperative 
 need of a twenty-five foot channel between Hudson and 
 Troy. 
 
 Very truly yours, 
 
 (Signed) JOHN A. DIX 
 
 Letters to Sheriff Harburger, District Attorney Whitman 
 and Frank O'Neil, Respecting a Possible Prize Fight 
 
 State of New York — Executive Chamber 
 
 Albany, September lo, 19 12 
 
 Hon. Julius Harburger, Sheriff of New York County, 
 Nezv York City 
 
 Sir. — It is currently reported in the public press that a 
 contest, to be held in Madison Square Garden,- between two 
 men named Wolgast and McFarland, is being arranged 
 under such circumstances as will virtually amount to a 
 prize fight. The published statements to the foregoing 
 effect have been reinforced by the petitions of individuals 
 which have been filed with me calling my attention to the 
 alleged facts and praying that the laws of the State against 
 prize fighting may be enforced in this particular instance. 
 
 The act of 191 1 to establish a State Athletic Commission, 
 and to regulate boxing and sparring was not intended to 
 and does not legalize prize fighting; and the disgrace of 
 such an exhibition as is said to be contemplated must not 
 be tolerated. I call your attention to the above, with assur- 
 ance that, as the responsible peace officer of the community, 
 you will not fail to do your duty in the premises ; and I 
 
Correspondence 421 
 
 expect that neither this particular prize fight, nor any 
 other contest of the same character, will be permitted by 
 you within the limits of your jurisdiction. 
 
 I am sending a copy of this communication to the District 
 Attorney of New York county, with the desire and in the 
 belief that he will in every proper way co-operate with 
 you in this matter. 
 
 Respectfully yours, 
 
 (Signed) JOHN A. DIX 
 
 State of New York — Executive Chamber 
 
 Albany, September 10, 1912 
 
 Hon. Charles S. Whitman, District Attorney of New 
 York County, New York City 
 Sir. — I beg to hand you herewith copy of a communica- 
 tion which I have this day addressed to Sheriff Harburger, 
 and am sure that you will give the matter all proper 
 attention. 
 
 Respectfully yours, 
 
 (Signed) JOHN A. DIX 
 
 State of New York — E^xecutive Chamber 
 
 Albany, September 10, 191 2 
 
 Hon. Frank O'Neil, Chairman State Athletic Commis- 
 sion, 41- Park Row, Nezv York City 
 Sir. — It has been persistently reported in the public 
 press, and the facts have also been brought to my attention 
 by many petitions of individuals which have been filed with 
 
422 Public Papers of Governor Dix 
 
 me, that a contest is being arranged between men named 
 Wolgast and McFarland, to be held in Madison Square 
 Garden, under such circurhstances as will virtually make 
 the contest a prize fight. 
 
 I beg to inc[uire whether you are officially aware of what 
 is alleged to be contemplated in this matter, and also to be 
 advised by you whether any license ihas been issued by your 
 Commission intended to authorize the proposed contest, or 
 under cover of which license such a contest may have been 
 projected? 
 
 I shall hope for an immediate reply. 
 Respectfully yours, 
 
 (Signed) JOHN A. DIX 
 
 Letter to the Hon. Homer Folks Approving the Observ= 
 ance of a National Tuberculosis Day 
 
 Albany, October 24, 1912 
 Governor Dix has addressed the following letter to the 
 Hon. Homer Folks, Secretary of the Committee on the 
 Prevention of Tuberculosis of the State Charities Aid 
 Association, endorsing the observance of a national Tuber- 
 culosis Day on Sunday, October 27th next, and expressing 
 his gratification over the progress toward the realization 
 of the aim of " No uncared-for Tuberculosis in New York 
 State in 191 5." 
 
 State of New York — Executive Chamber 
 
 Albany, October 24, 191 2 
 Mr. Homer Folks, Secretary State Charities Aid Asso- 
 ciation, New York City 
 Dear Sir. — Believing that the campaign for the pre- 
 vention of tuberculosis is a most promising movement for 
 
Correspondence , 423 
 
 the conservation of human Hfe, health and efficiency, I 
 heartily endorse the observance of a National Tuberculosis 
 Day on Sunday, October 27th, or on such day of that or 
 the preceding week as the customs of the various religious 
 bodies may permit. I earnestly commend the observance 
 of Tuberculosis Day to all clergymen and church com- 
 municants of the Empire State and trust they will partici- 
 pate on this occasion and continuously in the organized 
 effort to prevent tuberculosis. I am sure their support 
 would stimulate a larger, wider and more effective in- 
 terest on the part of people generally. 
 
 I am gratified to learn of the progress toward the realiza- 
 tion of the aim of " No Uncared-for Tuberculosis in New 
 York State in 1915-" It is most encouraging to realize 
 that twenty-five counties are providing or have voted to 
 provide hospital care and treatment for tuberculosis pa- 
 tients, that forty-five localities have visiting tuberculosis 
 nurses and that twenty-eight cities and villages offer free 
 medical diagnosis for those unable to employ physicians. 
 
 I hope the day will soon be at hand when every portion 
 of the State will have the necessary agencies for the cure, 
 relief and prevention of tuberculosis. 
 
 I am. 
 
 Sincerely yours, 
 
 JOHN A. DIX 
 
424 Public Papers of Governor Dix 
 
 Letter to Frank L. Moore of the Empire State Forest 
 Products Association 
 
 State of New York — Executive Chamber 
 
 November 14, 191 2 
 
 Mr. Frank L. Moore, President Empire State Forests 
 Products Association, Watertown, N. Y. 
 
 My Dear Mr. Moore. — Having been a member of your 
 Association for a number of years, and feeling a keen 
 sense of the importance of the work accomplished and to 
 be accomplished by this Association, I cannot refrain 
 from sending you a word of cheer and good wishes at 
 this meeting. 
 
 When we shall have made efficient to the highest de- 
 gree the soil of this State by furnishing to the soil those 
 necessary ingredients that will produce in the various 
 localities the greatest product; when we shall have con- 
 served the waters of the State to benefit the health of 
 communities and to prevent destruction by flood ; when 
 we shall have reforested the waste tracts of land owned 
 by the State and dedicated to the use and benefit of the 
 people, then there will be forced upon the people of this 
 State the necessity of utilizing these resources of which 
 we are custodians. 
 
 Conserving the waters of the State on the high levels 
 for the purpose of control and regulation that the tre- 
 mendous hydraulic energy thus created may be enjoyed 
 and used by the people forever, is an undertaking and a 
 demand upon our sagacity and foresight that ranks with 
 the undertaking of Clinton in advocating the first Erie 
 canal. Hydraulic energy is a most important factor in 
 
Correspondence 425 
 
 the growth and prosperity of the State. There is no 
 resource upon which our inchistrial, commercial and 
 human progress depends more than upon a wise, com- 
 prehensive and practical development and use of this 
 potential force which by the hand of man can be made 
 to heat and light our homes, propel trains, move the 
 wheels of industry and give motive force for factory, 
 forge and spindle. This hydro-electric power created by 
 the construction of internal improvements such as the 
 barge canal can and should be used to invite industries 
 to locate within the borders of this State. It will ameli- 
 orate conditions which concern the congested population 
 in our cities. It will build up communities in the rural 
 districts and furnish traffic to the highways of our State. 
 Until these new forces are scientifically developed and 
 utilized there will remain all the elements of destruction 
 on the banks of the streams which the people have ex- 
 perienced for decades. The increased population of our 
 State has followed the lines of the water courses. Yet 
 we are allowing these water courses to be contaminated; 
 and I especially call your attention to the wise and health- 
 ful use of these streams or arteries of trade and industry. 
 
 The action that you take will radiate as from a center, 
 and the wisdom of your deliberations will make the mile- 
 stones in the progress of this State. 
 
 With every good wish for the success of your meeting, 
 and expressions of my high regard to the members, I am, 
 
 Very truly yours, 
 
 (Signed) JOHN A. DIX 
 
426 Public Papers of Governor Dix 
 
 Letter to the Hon. John J. Brady Regarding the State 
 Reformatory for Misdemeanants 
 
 November 14, 1912 
 
 Hon. John J. Brady, Albany, N. Y. 
 
 Dear Judge Brady. — I am pleased to note that you 
 have called a meeting of the Board of Managers of the 
 State Reformatory for Misdemeanants, and I wish to ex- 
 press to you that I have a very keen interest in the suc- 
 cess of the undertaking which you have been so instru- 
 mental in creating for an unfortunate class of people, a 
 condition .whereby they may be corrected in their 
 tendencies to commit crime and receive superior instruc- 
 tion in the various trades ; and I trust that you will urge 
 upon your fellow managers the importance and necessity 
 of educating these young men in the science of agricul- 
 ture, that we may have established in some section of the 
 State a model farm to benefit these young men through 
 practical demonstration. 
 
 There is no more pressing need in our country to-day 
 than a scientific cultivation of the soil that the greatest 
 possible yield or ef^ciency may result from the efiforts of 
 labor and employment of intelligence in working the soil. 
 I trust also that you will impress upon your co-workers in 
 this cause the importance of a system of forestry whereby 
 some of the waste lands owned by the State may be 
 utilized to grow trees suitable for railroad ties, and tele- 
 phone and telegraph poles. It is only a matter of a few 
 years from the seed to the finished product, and if proper 
 encouragement is given there can be an economic illus- 
 tration of the use of public lands which have come into 
 the possession of the State through various causes. 
 
Correspondence 427 
 
 The State owns to-day $1,300,000 worth of farrtn lands 
 that have at some time been tilled, but -which now are 
 waste lands and unused. I would Hke to have a nursery 
 established that will plant at least a portion of these aban- 
 doned farms and at the same time return a revenue to 
 the State. 
 
 Wishing you and your co-wOrkers the best of success 
 in this new undertaking, which I hope will be a model for 
 other states and for the world in the treatment and care 
 of misdemeanants, I am, 
 
 Very truly yours, 
 
 (Signed) JOHN A. DIX 
 
 Letter to Postmaster=Qeneral Hitchcock and the Hon. 
 James Wilson, Secretary of Agriculture, Rela= 
 tive to the Designation of Post Roads 
 
 State of New York — E'.xecutive Chamber 
 
 Albany, November 27, 1912 
 
 Hon. Frank H. Hitchcock, Postmaster-General 
 
 Hon. James Wilson, Secretary of Agriculture 
 
 Washington^ D. C. 
 
 Gentlemen. — Acknowledging the receipt of your 
 esteemed favor of the 20th instant, relative to the desig- 
 nation of Post Roads not exceding 50 miles in length 
 in some section of the State over which mail is regularly 
 delivered, I beg to say that I am emphatically on record 
 regarding the connecting of the various links of im- 
 proved highways in the State, and also feel that New 
 York State according to its population and the amount 
 
428 Public Papers of Governor Dix 
 
 of taxes assumed by its citizens should receive a larger 
 proportion than 50 miles. For these reasons I cannot 
 consistently recommend the designation. 
 
 With expressions of my regard and esteem, I am, 
 
 Very truly yours, 
 
 JOHN A. DIX 
 
 Statement in Regard to the Little Falls Matter 
 
 State of New York — Executive Chamber 
 
 Albany, October 19, 1912 
 
 " I have been urged by, and in behalf of, various per- 
 sons to declare and decide that the Constitution has been 
 abrogated and the constitutional guarantee of the right 
 of free speech has been violated in Herkimer county in 
 this State. 
 
 " As I understand the facts, certain persons have been 
 arrested in Little Falls because they persisted in public 
 speech-making, contraiy to, and after notification of, an 
 ordinance of that city, which makes the consent of the 
 authorities, based upon application for leave, a prerequi- 
 site to the holding of a public meeting in that city; 
 although, as it is alleged, other public meetings have pre- 
 viously been held there by others without such application 
 and leave. Whether such an ordinance is unconstitu- 
 tional as violative of a guaranteed constitutional right, is 
 purely a question of law; and, by the very instrument in- 
 voked by the complainant — the Constitutio-n itself — 
 questions of this character are entirely without the prov- 
 ince of the Executive and are exclusively within the au- 
 thority of the judicial branch of the government. If the 
 
Correspondence 429 
 
 municipal ordinance in question is grossly, absurdly and 
 manifestly unconstitutional, the court, which alone has 
 authority under the Constitution to discharge a citizen 
 from unlawful arrest and detention, may be relied upon 
 for immediate redress under the constitutional method 
 and form of procedure. Whatever may be the personal 
 views of the Executive, either upon the legal question 
 involved or the propriety and wisdom of the action of the 
 local authorities, for the Executive to assume an authority 
 which, by the Constitution, is reposed exclusively in the 
 judiciary, would be an infinitely worse public wrong than 
 that which is complained of. 
 
 " This matter has been presented to me over the tele- 
 phone and without opportunity to confer with the Attor- 
 ney-General, whose possible opinion to the contrary of 
 the above, would, of course, have weight with me, as 
 that of the constitutional law officer of the State. 
 
 " (Signed) JOHN A. DIX " 
 
 Message to the Mayor of Little Falls and the Sheriff of 
 Herkimer County 
 
 October 20, 1912 
 
 Governor Dix to-day sent the following message to the 
 
 Mayor of Little Falls and to the SberifiF of Herkimer 
 
 county : 
 
 " Your attention is invited to the fact that the Consti- 
 
 tutioft of the State of New York guarantees the right of 
 
 free speech and the right of people peacefully to assemble 
 
 and discuss public questions. 
 
430 Public Papers of Governor Dix 
 
 " The people of the State of New York look to you to 
 see that these rights are not unnecessarily curtailed, but 
 are respected in spirit as well as in letter, within your 
 jurisdiction." 
 
 Letter from Mayor Shall of Little Falls 
 
 Mayor's Office 
 Frank H. Shall, Mayor 
 
 Little Falls, N. Y., December 20, 1912 
 Hon. John A. Dix, Governor, Albany, New York 
 
 Sir.' — Replying to your Excellency's favor of the 17th 
 I beg to state that there is nothing in the situation here 
 that A\ould in the slightest degree warrant the statement 
 in the enclosed telegram. 
 
 October 30th last, a riot of strikers occurred here, in 
 which although one policeman was shot, another stabbed 
 several times, and others were injured by sticks and 
 stones, not an officer drew a gun or fired a shot. At this 
 time about thirty arrests were made; nineteen of whom 
 when arraigned pleaded guilty to assault in the third de- 
 gree. Of this nineteen, fifteen received suspended sen- 
 tences, two were sent to jail for twenty days, and two to 
 the penitentiary for sixty days. The remainder were held 
 to await the action of the grand jury of this county, and 
 have this week been indicted by the grand jury. 
 
 Since the said riot about seventeen arrests of strikers 
 or strike workers have been made for various ofifenses, 
 such as intimidating or assaulting workers, throwing 
 stones or pepper, and for similar ofifenses, but no arrests 
 have been made without a formal criminal charge regu- 
 
Correspondence 43 1 
 
 larly presented. Trials have been had promptly except 
 where adjournments were taken at the request of the at- 
 torneys for the prisoners, and the prisoners were often 
 released on their own recognizance. 
 
 I shall be very glad to give you any further information 
 as to the situation here or to report in detail upon each 
 arrest, if desired. 
 
 Most respectfully, 
 
 FRANK H. SHALL 
 
 Letter from Sheriff Moon of Herkimer County 
 
 Office of Sheriff of Herkimer Countv 
 James W. Moon, Sheriff 
 
 Herkimer, N. Y., October 20, 1912 
 
 To his Excellency, John A. Dix, Executive Chamber, 
 
 Albany, N. Y. 
 
 Sir. — I am in receipt of yours of this date in which 
 you say: 
 
 " Your attention is invited to the fact that the Consti- 
 tution of the State of New York guarantees the right of 
 free speech and the right of the people peacefully to as- 
 semble and discuss public questions. 
 
 " The people of the State of New York look to you to 
 see that these rights are not unnecessarily curtailed, but 
 are respected in spirit as well as in letter, within your 
 jurisdiction." 
 
 Replying thereto will say, none of the rights mentioned 
 by you have been unnecessarily curtailed in Herkimer 
 county to my knowledge. If your communication refers 
 
432 Public Papers of Governor Dix 
 
 to what has recently occurred at the city of Little Falls, 
 beg to state that I was called there by the constituted 
 authorities of that city, who said they deemed it neces- 
 sary. My efforts there were directed to the suppression 
 of riot and crime, and prevention of possible bloodshed 
 and destruction of property. 
 
 It will be, as it has been, my endeavor to safeguard 
 constitutional rights in spirit as well as in letter, to sup- 
 press crime and enforce the law. 
 
 Very respectfully yours, 
 (Signed) JAMES W. MOON 
 
 Sheriff of Herkimer County 
 
 Letter from Mayor Shall of Little Falls 
 
 Mayor's Office 
 
 Frank H. Shall, Mayor 
 
 Little Falls, N. Y., October 21, 1912 
 
 Hon. John A. Dix, Goz'cnior of the State of iVrii' York, 
 
 Albany, Nezv York 
 
 Your Excellency. — Acknowledging your favor of 
 the 20th inst., I beg to state in behalf of the authorities 
 
 of this city, that we have not lost sight of the constitu- 
 tional guarantees of free speech and peaceable assembly, 
 and yield precedence to none in our regard for the same. 
 
 Believing that a mistaken impression of the attitude of 
 the city authorities has been created abroad, a brief state- 
 ment of the situation here and of our position in the 
 matter may be pertinent. 
 
 A strike of steadily increasing size has been in progress 
 among the mill workers of this city during the past week. 
 
Correspondence 433 
 
 Arrests have been made for gathering crowds and holding 
 meetings in public passages close to the knitting mills in 
 which the strike is in progress. Those who held the 
 meetings were not prevented from speaking at any other 
 spot in the city and in fact many of them were invited to 
 thus speak without request for a permit and many have 
 done so ; and daily and nightly public meetings have been 
 held at the corner of Main and Second streets in the cen- 
 ter of the city, the usual place for meetings, and within 
 two blocks of the mills where the strike is. 
 
 From our knowledge of and experience with condi- 
 tions here, trouble and violence from a gathering of 
 strikers at the mills where the strike is in progress, was 
 feared, particularly at the noon hour when the workers 
 come out and at which time those arrested insisted on 
 gathering crowds and speaking. 
 
 It is the attitude of the authorities that the prohibition 
 of such a meeting at this particular time and place under 
 the present conditions was a wise and necessary precau- 
 tion and no unreasonable regulation or infringement of 
 the rights of free speech and assembly as has been held 
 by our State Courts in People against Pierce, 85 A. D. 
 125, and by the United States Courts in Davis against 
 Massachusetts, 167 U. S. 47, and others. 
 
 The repeated and daily defiance of law compelled the 
 city and county ofificials in their duty as public officers 
 to enforce the law. 
 
 The power to determine this question is reposed in the 
 judiciary and a proper respect for law and order especially 
 by high public ofificials of a sister city of our State should 
 impel those arrested to agree with us to settle these ques- 
 tions in a legal way instead of by violence and slander. 
 28 
 
434 Public Papers of Governor Dix 
 
 Assuring Your Excellency of my earnest and continued 
 desire and intention to follow the requirements of my 
 oath of office to the best of my abihty and of my regard, 
 I am, 
 
 Respectfully, 
 
 FRANK H. SHALL 
 
 Telegram from William Yates 
 
 Lawrence, Mass., Dec. 15, '12 
 Governor Dix, Albany, N. Y. 
 
 Mass meeting of textile workers in Lawrence, Mass., 
 Sunday, December 15. Resolved to call your attention 
 to conditions in Little Falls. Workers of strike clubbed 
 and beaten by uniformed officers of the Law. Workers 
 arrested and thrown into dungeons for no crime but walk- 
 ing on the streets. Reign of brutal despotism equalled 
 only in Russia. We demand that you investigate condi- 
 tions herein set forth immediately and take steps to pro- 
 tect lives and liberties of workers in Little Falls and that 
 this be done immediately. 
 
 WM. YATES 
 Sec'y N. I. N. of T. W. 
 
XV 
 
 ADDRESSES 
 
 [435] 
 
XV 
 
 ADDRESSES 
 
 On " Intelligent Assessment and Just Taxation " at the 
 Second State Conference on Taxation, at Buffalo, 
 January 9, 1912 
 
 Gentlemen of the Conference 
 
 The subject of taxation is generally taken up for dis- 
 cussion with reluctance and usually is considered in a 
 spirit of hostility to the statute imposing the tax. Our 
 histories have taught us to regard taxes as exactions by 
 feudal superiors, taken by force, without any regard 
 for equity and applied not for the common benefit but 
 for the pleasure and luxuries for the feudal lords. To 
 whatever extent that may have been true in the past, 
 to-day under our laws and our political system taxes are 
 the contributions made by citizens of each community 
 to maintain the communal and State activities and bene- 
 fits which all share alike. 
 
 We ought then to make the administration of the tax 
 laws such that this purpose shall clearly stand out in 
 every phase of the work of assessment and collection of 
 taxes. But the tax system, as it exists to-day, not only 
 in New York but in all the States of the Union, is far 
 from presenting such an aspect to the taxpayer. 
 
 We should have a body of trained and intelligent men 
 in charge of the work, who should devote their best 
 thought and energy to this mo&t important subject. In- 
 stead of this, too often, we have assessors who are ex- 
 pected to give but little tim.e to their work and who are 
 
 [437] 
 
438 Public Papers of Governor Dix 
 
 so inadequately compensated that they are unable to 
 attain the skill and experience needed in the perform- 
 ance of their duties. 
 
 We should have equitable rules of assessment, well 
 known and well understood alike by assessor and tax- 
 payer, so that any departure from these rules could be 
 instantly detected and corrected. 
 
 We should have methods of publicity by which the 
 public should not only be permitted, but encouraged, to 
 study and criticize the work of the assessors. 
 
 And, finally, we should have methods of collection so 
 simple, prompt and effective that every one should be 
 willing, and, if unwilling, could be compelled, to make 
 his tax contribution promptly. 
 
 The mere recital of what should be shows at once how 
 far short of this ideal the present system falls. And yet, 
 in reality, this ideal ought not to be difficult of attain- 
 ment. A fraction of the ability and energy which we dis- 
 play each day in the acquisition of wealth will enable us 
 to devise and enforce methods for measuring such wealth 
 and determining the share which each form of wealth 
 ought equitably to contribute to the public treasury in 
 taxes. 
 
 Such a conference as this, following the successful con- 
 ference at Utica a year ago, shows that the people of the 
 State of New York are willing to consider this problem, 
 and once the consideration is begun, we may assume that 
 it will continue until a satisfactory system is evolved. 
 
 But it is not necessary to evolve a wholly new system. 
 The trouble with our present system is not so much with 
 the theory underlying it as with the administration of the 
 law. It may well be, therefore, that the real task before 
 
Addresses 439 
 
 us, just now, is to improve our methods of assessment 
 and collection, rather than to seek out new taxes and 
 new methods. If in our efforts to improve administration 
 we find some features of the present system inequitable 
 or unworkable, we can abandon them and hold on to 
 those which may be made to work smoothly and evenly. 
 
 Real estate is the form of property on which most of 
 the local taxes are levied and it should, therefore, re- 
 ceive our chief attention. In many of our taxing dis- 
 tricts it is almost exclusively the kind of property that 
 pays the taxes. In nearly all of the cities, towns and 
 villages, personal property forms so small a part in the 
 total assessment that its disappearance from the roll 
 would hardly be noticed. Hence, for all practical pur- 
 poses, the question of local taxation is a question of tax- 
 ation of real estate. 
 
 It is, of course, a trite saying that the assessment of 
 real estate should be fair and equitable. Every one 
 admits this. But it is unfortunately true that in most 
 of our cities and towns, every one also readily admits 
 that this is not the fact. Fair and equitable assessment 
 requires care and thought on the part of the assessor. 
 It can not be made by guess work. It must be done 
 systematically and in accordance with methods that have 
 been tested by experience. It should be done in such a 
 way that each taxpayer may test the fairness of his assess- 
 ment by study and comparison with his neighbors. 
 
 Your conference last year at Utica expressed itself 
 vigorously and intelligently on this subject, and, as a con- 
 sequence, we now have several new laws on our statute 
 books which will prove of great assistance in providing 
 a fair and equitable assessment. These laws make a num- 
 
44° Public Papers of Governor Dix 
 
 ber of changes in the work of assessment that have been 
 recommended by various State boards of tax commis- 
 sioners as a result of their experiences. But such is the 
 power of custom that although some of these recom- 
 mendations were first made thirty years ago, and all of 
 them have been repeatedly discussed, nothing had been 
 done by the Legislature to cure these acknowledged evils 
 until last year. 
 
 In the towns and villages, that is to say, in all of the 
 State outside of the cities, the law now requires that each 
 parcel or lot or farm be listed separately, by its proper 
 description and not, as heretofore, lumped in one item 
 under the owner's name. This ought to remedy many 
 evils, because it will require greater care on the part of 
 the assessor and will permit taxpayers to learn the real 
 facts of the assessment. And hereafter in every city in 
 the State the assessment-roll will show the separate 
 assessment of the land and the buildings, a method which, 
 wherever it has been tried, has prevented discrimination 
 and under-assessment. 
 
 The first of your resolutions at Utica called for the 
 disclosure to the assessor of the true consideration in 
 deeds, and I regret that the bill embodying this provision 
 did not pass, for there can be no doubt that it would 
 prove to be a great help to the assessors everywhere in 
 an honest performance of their duties. 
 
 The State revenue is derived chiefly from special taxes. 
 For some years now it has been the policy of this State 
 to classify personal property and then to remove each 
 kind s"o classified from the operation of the general prop- 
 erty tax and to impose on it some special tax for the 
 benefit of the State treasury, although in some few 
 
Addresses 441 
 
 instances such special tax has been retained in the local 
 treasury. This system has proved both popular and pro- 
 ductive of revenue. In this way we have provided our 
 taxes on banks and trust companies, our corporation 
 franchise taxes, our inheritance taxes, stock transfer tax, 
 our excise licenses, our mortgage recording tax. Last 
 year we added to this Hst our new " secured debts " tax. 
 
 While this last-named tax has been in operation since 
 September i, 191 1, only in one place, the city of New 
 York, has there been an assessment under which its effect 
 could be observed. By a change in the charter of New 
 York, assessment day was fixed for October ist. The 
 new law went into effect September i st ; only one month 
 intervened and many had not learned of the change of 
 law. Yet the amount of bonds registered under the new 
 law was very gratifying. The new la^v withdraws from the 
 owners of bonds, who fail to register them, the offset of 
 debts owing by the holder which is allowed against other 
 forms of personal property. 
 
 I am informed by the tax officials that in consequence 
 of the failure of many persons to register their bonds 
 and the consequent withdrawal of the offset of debt, 
 taxes will be paid in New York city on many millions 
 of bonds, which heretofore have been offset by the debts 
 of their owners. 
 
 Here, then, the duty of the assessor and the oppor- 
 tunity of the locality and the State combine in an un- 
 usual degree. Let the local assessors place on their 
 local rolls the names of all possible owners of such bonds. 
 If such owners have registered their bonds before tax 
 day, they will have paid the State tax and the State treas- 
 ury will benefit. If they have not paid such tax, the local 
 
44- Public Papers of Governor Dix 
 
 treasury will benefit. I shall expect the State Board of 
 Tax Commissioners and all officials who are charged 
 with the duty of supervising in any degree the assessment 
 and collection of taxes to assist the local assessors in 
 every way in the performance of their duty in this respect. 
 
 And such an outcome, namely, the payment of a tax, 
 either to the State treasury or the local treasury, by the 
 owners of such bonds will not be unfair in any way, for 
 it is well known that bonds have been the form of per- 
 sonal property which has most easily and persistently 
 escaped taxation in the past, and the light State tax 
 certainly cannot be deemed a hardship. 
 
 But, however careful our rules for assessment of real 
 estate, or however scientific our classification of personal 
 property, there remains the question of the efficiency of 
 the assessor, who is to apply and enforce them. When 
 we contemplate the local assessor, we are immediately 
 impressed with the utter inadequacy of his pay. Two 
 dollars, or in some cases three dollars a day, for short 
 periods, usually about twenty or thirty days in each year, 
 cannot be considered fair compensation for the intelli- 
 gence, the skill and the effort recpired to make an equi- 
 table assessment of all the property upon the town roll. 
 
 What the remedy should be I am not prepared to say. 
 You may be able to suggest it. Possibly it will be found 
 in an increase of pay, possibly in a consolidation of tax- 
 ing districts, so that an assessor may give his whole time 
 to a larger district and receive an adequate salary; it 
 may be found in a change under which assessors will be 
 appointed instead of being elected; it may be found in 
 provisions for greater publicity of the assessor's work. 
 All these have been suggested. The subject is worthy 
 of vour best consideration. 
 
Addresses 443 
 
 There is, however, one phase of the Tax Law relating 
 to the assessor's work, which merits condemnation and 
 ought immediately to be changed. Every assessor is re- 
 quired to swear that he has assessed all property at its 
 full value. Yet the very law which requires this oath 
 from him, recognizes its futility by providing also for 
 equalization by the county board of supervisors. This 
 means that a second body of men is called upon to- cor- 
 rect valuations by an ofificial declaration that they are 
 only a percentage of true value, notwithstanding the fact 
 that those valuations are buttressed by the oath of the 
 assessor that they are at full value. Nor does the law 
 stop there, but again it requires another equalization by 
 the State Board. Surely this is a scandal and should be 
 stopped. How can we expect our citizens to respect our 
 assessments under such a system? Let us either enforce 
 our law and see that assessments are made at actual 
 value in the honest opinion of the assessor, or permit him 
 to swear that he has assessed at 25 per cent., 50 per cent., 
 75 per cent., or 100 per cent., as the case may be. 
 
 I believe in home rule. I believe that each community 
 should manage its own affairs to the fullest degree com- 
 mensurate with a due regard for the equal rights of 
 citizens throughout the State. But I do not believe that 
 home rule implies the continuance of a system which 
 permits irregular and unequal assessment as between 
 local property owners or persistent under-assessment to 
 the detriment of other tax districts. 
 
 The expenses of the State, so far as they are raised 
 by direct State tax, must be borne by all property through- 
 out the State. Hence all property should be assessed on 
 the same basis of value. In like manner, county expenses 
 
444 Public Papers of Governor Dix 
 
 must be borne by all property within the county, and again 
 we have a strong reason for assessment on the same basis 
 of value. And within each city and town the same argu- 
 ment applies for assessment of property on the same basis 
 of value if we are to have an equal distribution of the 
 burden of taxes. 
 
 Consider this question of providing a uniform basis of 
 assessment and present your recommendations. I notice 
 that among your resolutions adopted at Utica is one calling 
 for the a;ppointment of a county supervisor of assessments, 
 who on the one hand should assist local assessors in their 
 work and on the other hand assist the State Board in their 
 work of supervision. Such a provision in the Tax Law 
 may supply the gap in our present system, provided it can 
 be done without too much expense to the State or to the 
 counties. This would be no violation of home rule, for it 
 would simply tend to assist each city and town to obtain 
 a fair and equitable assessment-roll as between its tax- 
 payers, and would not in the slightest degree interfere 
 with the power of the community to control its tax rate 
 and its expenditures. 
 
 This is a conference of the tax officials and taxpayers 
 of the State of New York. Its primary object is to discuss 
 our tax laws and our administration of them, and this 
 should receive your first consideration. But there is a 
 broader view to be taken of this subject than the one that 
 we alone are concerned with — the provisions of our tax 
 laws. New York is only one State in our Union. Our 
 citizens have business and property interests in all the 
 other States, and many citizens of other States have large 
 business and property interests among us. Every year 
 increases this interrelation. So that many of our statutes, 
 
Addresses 445 
 
 which at first sight seem to be merely local, really have 
 some interstate aspect. It is both proper and necessary to 
 consider this aspect of our tax laws if we are truly to seek 
 out the most fair and equitable system. 
 
 Property which has its actual situs in our State is least 
 concerned with this aspect of the question. With that 
 class of property, whether it is real or personal, the great 
 question is equality of assessment. • 
 
 But when we come to business interests and investments 
 of firms and corporations engaged in interstate business 
 we face the real problem, for then we often find the owners 
 of such property subjected to two or more taxing jurisdic- 
 tions. There are two ways of dealing with this problem, 
 one by seeking agreement between the two States which 
 are striving to tax the same interests, and the other by 
 action on our part which will prevent our taxing business 
 or property which should be left to some other State juris- 
 diction. The first method is slow and difficult, for it is 
 not any easy task to bring the different States to agree on 
 uniform action. Hence I favor the latter course, namely, 
 a careful consideration of our tax laws so that New York 
 shall not strive to tax business or property which is prop- 
 erly taxed by some other State. 
 
 Last year we took a notable step in this direction when 
 we amended our Inheritance Tax Law by striking out all 
 the provisions which imposed or could impose such double 
 taxation. We did not wait for joint action by other States. 
 We did not insert any so-called reciprocal provisions. We 
 simply cut out the clauses which sought to tax property 
 of non-residents who were taxable on such property by 
 their own States. 
 
446 Public Papers of Governor Dix 
 
 But this double taxation is not confined to inheritance 
 taxes. Many of our provisions for taxing corporate prop- 
 erty and the property of partnerships engaged in inter- 
 state commerce are still too complicated to be understood 
 by -the average business man and often result in double 
 taxation. We should look into this question and strive to 
 simplify such parts of our laws, so that the tax to be laid 
 shall be a simple and easily understood rule and also so 
 that only such part of the capital employed and business 
 done within our own State shall be subject to our tax. 
 
 This course is dictated by sound business policy as well 
 as by the higher considerations of fairness and justice. 
 We cannot afford, as a commercial State, to offend our 
 customers and arouse antagonisms in the business world 
 for the sake of the small revenue involved. Both from 
 principle and expediency we should strive for interstate 
 comity and friendship. 
 
 New York has been given the title of the Empire State 
 and we should seek to deserve it by leading the way in 
 intelligent assessment and just taxation. 
 
 At the Annual Meeting and Banquet of Philip Livingston 
 Chapter, Sons of the Revolution, Hotel Ten Eyck, 
 Albany, Tuesday, January 16, 1912 
 
 Ladies and Gentlemen 
 
 The celebration this evening makes irresistible appeal 
 to true American sentiment. The roots from which spring 
 the beauty, the strength, the joy and the promise of this 
 anniversary extend back into and are forever nourished 
 by the very well-springs of the great American heart and 
 our glorious American history. 
 
Addresses 447 
 
 In the wondrous record of human civiHzation there are 
 no pages quite so worthy of study and of celebration as 
 the story of the sacrifices and success of the American 
 Revolution, and there are no people who have preserved 
 more worthily the right to make that study and to cele- 
 brate its triumph than American sons and daughters of 
 heroic American revolutionary sires. For the heritage 
 the men of Lexington and Saratoga and Yorktown won 
 and bestowed has been enlarged and deepened, broadened 
 and sweetened in the service of humanity through liberty- 
 loving generations for now nearly a century and a half. 
 
 Learning at God-fearing firesides from self-respecting 
 forbears the wrongs, the sacrifices and the noble en- 
 deavors of the past, Americans of Revolutionary blood 
 have been ever in our history the leaders and teachers 
 and comrades of those citizens, whether native or emi- 
 grant, with similar convictions in every movement against 
 injustice and for the achievement of fairer conditions of 
 living. Through consistent and sustained endeavors they 
 have contributed incalculably to the promotion of truer 
 freedom in all the nations of the world. 
 
 As eternal vigilance is now as ever the price of liberty, 
 I conceive it to be the especial trust and care of men and 
 women of American lineage such as yours to unflinchingly 
 oppose and antagonize every narrowing tendency in the 
 life of the American nation and its people, and to strive 
 in season and out for the broadest and most liberal poli- 
 cies of government. 
 
 Opportunity for justice, freedom of conscience, room 
 for all honest toil, expression for all aspiring opinion, 
 these were the principles and conditions out of which 
 were created, through struggle and sacrifice, a nation ris- 
 
448 Public Papers of Governor Dix 
 
 ing to the larger views of life, a people self-reliant, and 
 always ambitious for service in the forefront of human 
 progress. 
 
 It is a source of uplifting inspiration and of just pride 
 to any American who can trace his life's origin to an 
 ancestry, one or more of whom, by tongue, pen or sword, 
 contributed something to the independence of the Ameri- 
 can nation and to the formation of this Republic. 
 
 One of the admirable results that followed the organi- 
 zation of your Society about a quarter of a century ago 
 is an increased attention to American history in our 
 schools and in our homes. 
 
 I recall that it was about the time when your Society 
 was organized, that the American flag, the most beautiful 
 symbol of liberty and justice in all the world, was first dis- 
 played as a daily inspii^ation upon the sun-illumined flag- 
 staffs of our common schools and public buildings. It is 
 almost incredible of belief how rarely was seen in popular 
 display the Star Spangled Banner between the year that 
 closed the Civil War and the year of the celebration of 
 the centennial of our National Constitution. In the sum- 
 mer of that year, 1889, as the result of agitation begun 
 by a citizen now a member of this present New York 
 State Administration, President Benjamin Harrison 
 signed an order for the display of " Old Glory " on all 
 national public buildings. State ofificials and school organ- 
 izations followed, until to-day we have the symbol of 
 American liberty waving its inspiration before the eyes 
 and imaginations of all heedful Americans, whether 
 young or old, who are learning our nation's story. 
 
 But we have need to do more. We cannot possess a 
 patriotism that will place welfare of country before every 
 
Addresses 
 
 449 
 
 other consideration without nation-wide and daily lessons 
 in the ideals, and the deeds and character of the men who 
 created these United States. 
 
 Of the nearly one hundred millions of people who now 
 inhabit our country, vastly more than a majority, perhaps 
 seventy-five per cent., are descended from ancestors who 
 have come here since the War of 1812. 
 
 Good government to-day and the growth, stability and 
 greatness of the American Republic of the future, demand 
 that our people should be united in knowledge of the 
 genesis of our nation, in faith in its great founders, and 
 in devotion to our Constitution, our traditions and our 
 laws. 
 
 The semi-centennial anniversary of our great Civil War 
 has furnished an opportunity that I am glad to see is 
 being utilized by those modern seminaries of the people — 
 our daily newspapers — for the dissemination of knowl- 
 edge of the men and events of that supreme struggle; 
 yet even the great figures and the glorious story of that 
 era of prodigious conflict and superhuman valor have not 
 for all Americans the intimate, the chastening and the 
 blood-quickening appeal of the great Revolution that won 
 liberty here and gave light everywhere. Lexington, 
 Bunker Hill, Stony Point, Oriskany, Ticonderoga, Sara- 
 toga and Yorktown fire the minds of ALL with holy rev- 
 erence for the courage and the sacrifices of American 
 patriots, while Valley Forge is the Gethsemene of our 
 modern civilizatioii. 
 
 Nothing but national good can come from the con- 
 templation and the admiration in which we and posterity 
 may hold the achievements of Washington, the patriotic 
 statesmanship of Jefferson, the wise humanity of Frank- 
 29 
 
450 Public Papers of Governor Dix 
 
 lin, the genius of Hamilton, the gallantry and forbear- 
 ance of our own Schuyler, all of whom risked not more loss 
 of life and property from enemies without than they 
 risked and suffered mental martyrdom from the misap- 
 prehensions and detractions of misguided contemporaries 
 who should have been friends. 
 
 The lesson of patience is the most important lesson, 
 perhaps, that most of us can learn. To the public man 
 patience is an absolute essential to even a modicum of 
 happiness, and to the private citizen it is a means of grace. 
 
 Our own two Philips — PhiHp Schuyler and Philip 
 Livingston, whose great name your organization so prop- 
 erly and worthily bears, were exemplars of patience and 
 patriotism among the heroes of their time. 
 
 Even the fate of the immortal Lincoln carries no 
 greater force than the pathetic appeal of the death of 
 Philip Livingston. Lincoln's end came abruptly in the 
 hour of his life's triumph. His dimming eyes looked at 
 last upon the glorious morning of a redeemed and re- 
 generated nation, and his death was hallowed by the pray- 
 ers of a reunited people. Truly, in his mortality he was 
 assured of all the immortality that this world in its fullness 
 can give. 
 
 Death came to Philip Livingston out of the deepest 
 gloom of the darkest hours of the Revolution. Dying, 
 in June, 1778, while a member of the Continental Con- 
 gress in the little beleagured patriot capital of York, 
 Pennsylvania, the only paeans to accompany the de- 
 parture of this son of Albany from the field of his sacri- 
 fices were the lamentations of Washington's distressed 
 and dissundered soldiery of starving men nearby at Val- 
 ley Forge, the boisterous exultation of the British in 
 
Addresses 45 1 
 
 Philadelphia, and the discoi"dant entreaties of the harassed 
 and despairing patriot populace from Massachusetts to 
 Georgia. No inspiration outside his own great heart was 
 there for him, either in environment or outlook. The 
 prophecy of events at his death was a cause lost, life and 
 estate squandered, and his memory fixed forever only as 
 a rebel. 
 
 Would that he could have been spared a twelve-month 
 or more to witness the almost miraculous changes in the 
 patriot cause, and foretaste a little of the fruition of his 
 sacrifices in honor and glory ! 
 
 So in the death as in the life of Philip Livingston there 
 are lessons of purest patriotism, unconquered fortitude 
 and unfailing hope. Devotion to country, to home and 
 to duty, as we conceive it, regardless of distraction, de- 
 traction or imminent disaster, are the teachings that rise 
 to us as incense from the memory of Philip Livingston 
 to make us better men, truer Americans, and more proud 
 than ever of our own Albany. 
 
 Some one has said that " History is the working of the 
 divine within one toward self-realization." No people 
 have ever maintained a government and preserved and 
 enlarged their liberties unless they possessed in great 
 measure the inestimable qualities of imagination and of 
 sentiment. They must glorify in their minds the valor 
 and the statesmanship of the heroes to whom their nation 
 is indebted, and they must be enthused on memorial oc- 
 casions, with emulation of the spirit which animated the 
 men who created their country as a political entity and 
 a power. 
 
 We all know that the greatest reward of well-doing is 
 the obligation to do better. But it was Abraham Lincoln 
 
452 Public Papers of Governor Dix 
 
 who best phrased the thought that I would impress to- 
 night. It is for us, the living, here to be dedicated to the 
 unfinished work of the fathers of the Republic. It is for 
 us to take from the memories of the occasion increased 
 devotion to American ideals of human liberty and 
 progress, for which heroes among our brethren in the 
 past fourteen decades of years have given the last full 
 measure of devotion. It is for us to resolve that so far 
 as in us lies, we shall do each and all our part, that our 
 fathers' steadfastness in life and our brothers' faithfulness 
 unto death shall not have been in vain. 
 
 At the Banquet of The University Club, Albany, N. Y., 
 January 23, 1912 
 
 Members and Guests of the University Club 
 
 One could not enjoy the hospitality of the Albany Uni- 
 versity Club under circumstances more gratifying than 
 those which surround us to-night. There are in the Em- 
 pire State many citizens of distinction in literature, art 
 and science, and many who have attained eminence in 
 professional life, and in the domain of finance and indus- 
 try, but none more deserving of honor than A-ndrew 
 Carnegie, and the University Presidents who grace this 
 occasion with their presence. 
 
 What man of our time has done more, or as much, to 
 promote the betterment of mankind than Mr. Carnegie? 
 We think of his world-wide benefactions, of his judicious 
 and far-seeing philanthropy, of his promotion of art and 
 literature, but most of all we respect him for his optimism, 
 his kindness of heart and mind, his loyalty to his State 
 
Addresses 453 
 
 and country, and his ceaseless championship of peace 
 among men and among Nations. 
 
 Every American who regards as essentials of true man- 
 hood the attributes of fidelity to ideals, and moral and 
 intellectual courage, is the friend and admirer of the great 
 educators who are charged with the conduct and develop- 
 ment of our institutions of learning. 
 
 It was Epictetus (you know Mayor Gaynor was m)' 
 guest last week) who said : " No one who is a lover of 
 money for money's sal<e, a lover of pleasure or a lover of 
 glory, is likewise a lover of mankind; but only he who is 
 a lover of virtue." Measured by this standard, your 
 guests of honor to-night are entitled to the highest rank 
 as lovers of mankind. 
 
 Your invitation to me was coupled with the polite inti- 
 mation that it was expected that my speech would be 
 brief. I have been endeavoring ever since to decide 
 whether the suggestion was based on consideration for me, 
 or pity for you. In any event, I shall not transgress. Yet, 
 without desiring to invite suggestion that perhaps I am 
 more of a schoolmaster than a statesman, I intend to take 
 advantage of my few minutes to say to you men of the 
 universities that in making money or acquiring fame, you 
 are far from fulfilling your true destiny or discharging 
 your obligation to your fellow-men or to the times in 
 which you live. 
 
 Educated men have a function in public life and in gov- 
 ernment which is immensely needed. In this day of rapid 
 and radical change in economic, social and political doc- 
 trines and methods, there is much which savors of charla- 
 tanism and demagogy that can be met and neutralized and 
 destroyed only by men of large knowledge and of broad 
 
454 Public Papers of Governor Dix 
 
 and disciplined minds and who have been trained to rebuke 
 and combat sham and hypocrisy. 
 
 This is the generation of large ideas as well as of big 
 business and world-wide commercial and financial enter- 
 prise. Co-ordination and co-operation are the key-notes of 
 modern civilization. We have seen the end of the reign 
 of competition, a principle which, after all, is grounded 
 in human selfishness, and in the last analysis means every 
 man for himself and Satan take the hindmost. 
 
 Upon Americans, of whom the university man is the 
 type, depends the proper solution of the grave problems 
 inseparable from the establishment of this new order. 
 Never has the State and Nation been in greater need of 
 unselfish and patriotic service from educated citizens who 
 vibrate with the energy that is the expression of clear and 
 sound thinking. It behooves you and me to do what we 
 can, and all we can, to promote the welfare of mankind 
 by improving the character of government through the es- 
 tablishment of correct principles. 
 
 In this country we have suffered at times, and not in 
 remote times either, from worship of the exalted ego, from 
 a belief sometimes expressed in hysteria, if not confessed 
 in words, that the safety of the Republic and happmess 
 of the people depend on one man. It is unsound and un- 
 American to believe that the Republic, or the people of 
 the United States, must look for safety and happiness 
 either to one man or to one party. 
 
 The essential factor in perpetuating the Republic and 
 in protecting and promoting its happiness and welfare, is 
 the intelligence and virtue of the iiiasses of its citizenship. 
 We can and should differ in our theories of government. 
 We can and should differ in our ideas of the tariff and the 
 
Addresses 455 
 
 currency and the proper limitations of the power and 
 functions of government. But we must be one on the 
 pi'Oposition that the citizenship, of the United States must 
 be grounded in truth and justice and morals — the hand- 
 maidens of genuine education, whether of the university 
 and college, or the public academy and common school. 
 
 You may say that all this partakes of the academic and 
 the common-place. Perhaps it does. The same can be 
 said of every well-grounded truth. I am placing emphasis 
 on the obligation to the State and to the people of edu- 
 cated men and women, because of my firm belief that the 
 State and Nation have first claim on the mind and service 
 of its citizens, irrespective of sex, who have possessed 
 themselves of the priceless boon of wisdom and oppor- 
 tunity created by the accumulated knowledge and experi- 
 ence of all the men and all the ages that have gone before. 
 These gifts of priceless value have been, and are, lavishly 
 distributed through the colleges and schools, none of which 
 could exist and perform their beneficent functions but for 
 the establishment of government and its direct and indirect 
 aid and encouragement. In serving the State I have in 
 mind higher and more valuable service than holding office 
 or drawing official salary. This kind of service may or 
 may not be useful. But what a vista of patriotic oppor- 
 tunity opens to him whose acquired knowledge and trained 
 mind is fortified by the high purpose and imaginative gift 
 resulting from the broad culture and mental discipline that 
 alone enables one to fully understand the lives and the real 
 needs and the rights of the people, and to speak to them 
 in language and tones they know and comprehend. In 
 a democracy it is vital that the molders of public opinion, 
 the leaders of the people, shall be trained thinkers, actu- 
 ated by high ideals and unselfish aims. 
 
456 Public Papers of Governor Dix 
 
 We must not forget that the modern forces of combina- 
 tion and co-operation have their origin in the spirit of 
 American enterprise and national need and opportimity. 
 They are forces which should not be annihilated, but con- 
 served and regulated in the people's interest. Government 
 no longer fulfills its function by limiting its powers to the 
 guarantee of the public peace and the sanctity of contracts. 
 Government in these days must build up a higher type of 
 life, based upon economic and social justice. How can 
 this be wisely done except by the leadership of educated 
 men of trained minds and broad knowledge and experience? 
 
 At this very time we are suffering from a plethora of 
 laws and regulations aimed at the conduct of business. 
 What with new interpretations of existing laws, additions 
 without number to the statute books and attempts to regu- 
 late and supervise every effort of human endeavor, can we 
 wonder that business enterprise is discouraged and checked, 
 the field of employment diminished, the rewards of labor 
 decreased, and the financial and industrial future rendered 
 unstable and insecure. Should we not stop and consider? 
 
 The annihilation of so-called big business in this country 
 is impossible, and if it were possible, would force a back- 
 ward step into the dark days of demoralized conditions, 
 with low wages and uncertain employment for labor, and 
 destructive losses for employers and investors. Changes 
 in industrial and economic conditions are inevitable. But 
 if disaster is to be avoided they must be well considered 
 by men of knowledge and experience. They must be based 
 on reason and justice, rather than on prejudice and per- 
 sonal ambition and greed. In the last analysis the progress 
 of nations is measured by the moral and economic progress 
 and contentment of the masses of the people. This prog- 
 
Addresses 457 
 
 ress depends largely upon reasonableness in discussion and 
 the freedom of human endeavor and enterprise from ap- 
 peals of the self-seeker and from unwarranted interference 
 that result in bitter conflicts between contending forces 
 and factions. 
 
 New inventions, progress in science, mechanics and 
 transportation have for commercial and economic purposes 
 annihilated state and national frontiers. The tremendous 
 increase in the productive power of organized business has 
 produced conditions that demand and must receive the 
 serious attention of thinking men. A period of readjust- 
 ment is always a time of stress and suffering to. individuals 
 and systems that come in conflict with the new order of 
 things. This has ever been the penalty of change and 
 progress; yet it cannot be denied that the sum total of 
 change in the economic world leaves a net gain in comfort 
 and opportunity. Never in the history of mankind has 
 there been more generosity among men, or a clearer con- 
 ception of duty and justice than at the present time in the 
 United States of America. The unrest that pushes itself 
 upon us in every direction is itself an expression of a 
 social conscience that under enlightened leadership will find 
 and establisih a right solution to every problem. 
 
 The last decades of the nineteenth century witnessed a 
 tremendous acceleration in all the methods of creating 
 commodities and adding to the national wealth. It has 
 become a commonplace to say that the great task that con- 
 fronts the twentieth century is to devise more equitable 
 methods of distribution of wealth that is created by the 
 efforts of all. 
 
 Why should we seek any better plan of wealth distribu- 
 tion than the common-sense way of listening to the voice 
 
458 Public Papers of Governor Dix 
 
 of reason and establishing peace and security and confi- 
 dence in the financial and business world, that there may 
 be full and steady employment at good wages for labor, 
 and fair profit and honest dividends for the employer, the 
 fiancier and the investor? 
 
 America needs the service of an educated and unselfish 
 citizenship, that there may be established industrial peace, 
 peace founded on justice, rigiht, and human brotherhood. 
 America needs economic peace. We need a cessation of 
 demagogic attacks and appeals to class prejudice. We 
 need contented, prosperous, law-abiding capital; and we 
 need contented, prosperous, unenvious labor — not con- 
 tentment in the sense of sluggish indifference, for there is 
 a divine discontent, that leads the artisan to doff his apron 
 and become the successful employer, but contentment based 
 on fair treatment by the employer and reciprocated by 
 watchful and zealous consideration of the employer's 
 interest. 
 
 Why stop here? Why should not our educated citizen- 
 ship demand that disputes between nations be settled by 
 the arbitral tribunal? Why should not war, with its train 
 of horrors, with its pecuniary and industrial losses, far 
 outliving its duration, follow the code duello and the in- 
 dustrial strike to the limbo of things that were? The pri- 
 vate duel settled no issue of right or wrong; it settled 
 merely who was the quicker or the better shot. The in- 
 dustrial strike settled no issue of right or wrong; it 
 settled merely whidi side could hold out the longer. War 
 settles no issue of right or wrong; it settles merely which 
 nation has the better army, or the longer purse. 
 
 We need not discuss the question whether there can be 
 such a thing as a good war or a bad peace. Let the edu- 
 
Addresses 459 
 
 eated and enlightened citizenship and the great financiers 
 of the world covenant with their consciences that they will 
 never again support or finance a war of exploitation, of 
 mere aggression, of conquest or of plunder — in short, 
 that they will not finance any war that is avoidable — and 
 the day of the jingo and the war lord will be near its end, 
 and that of world peace founded on arbitral justice, will 
 have dawned. 
 
 Here, too, the masses will strike hands with the thinkers, 
 for no element of our community is to-day more alive to 
 the criminal waste of war, to its vast toll in men, in money, 
 in industrial stagnation than is the intelligent working 
 population from whose ranks the food for cannon is most 
 largely recruited. 
 
 Lord Rosebery, himself from the universities, has well 
 described the war spirit of a people as a " rattling into 
 barbarism," a departure from the ethics upon which all 
 civilization must be based, and the enthronement of the 
 morals and the methods of the jungle. I exhort you men 
 of learning to give your best thought to your State and to 
 your country, and to exert your powerful influence for 
 justice and peace; for peace industrial, for peace economic, 
 for peace international. 
 
 In conclusion permit me to say that an educated citizen- 
 ship is tihe only medium through which we can attain the 
 full fruits of democracy in the political state. It is my un- 
 bounded belief in the patriotism, the intelligence and un- 
 selfishness of educated men and women which makes me 
 supremely confident that the wonderfully practical capacity 
 of the American people will be equal to every emergency 
 and to every trial. As a Nation our material development 
 has been the wonder of the world. Yet our interests and 
 
400 Public Papers of Governor Dix 
 
 f 
 
 our pride must not be centered alone on vastness of terri- 
 tory, or greatness of population, or colossal achievements 
 in invention, finance, trade and commerce. Thanks to 
 our schools, our colleges and our imiversities, we are con- 
 cerned too with the higiher aims of modern civilization, 
 and America is destined to lead mankind in the ways of 
 social and economic justice, and teach the righteousness 
 of truth and the arts of humane living. 
 
 At the Banquet in Honor of Cardinal Farley, Waldorf^ 
 Astoria, New York City, Tuesday Evening, January 
 30, 1912 
 
 Fellow Citizens of the Empire State, Ladies and Gentlemen 
 
 We meet to-night to celebrate service to mankind. In 
 the Providence of God, and under the beneficent equality 
 of the the laws of our great nation, it is given to some of us 
 to serve in humble station and to others of us to serve in 
 exalted place ; but to all are given the opportunity and the 
 responsibility of service, in the interest of their immediate 
 surroundings and the progress of the world. 
 
 It is uncertain in my mind whether the humble or the 
 exalted station possesses the greater happiness for the 
 individual, for the higher the place, the greater the re- 
 sponsibility. The exercise of responsibility always brings 
 trials to the conscience in man, and the conscience in 
 man is the barometer of his happiness. 
 
 To my mind, the quality of humility, in the man in 
 lowly station or in the man in exalted place, is the bul- 
 wark of his abilities for service and the inspiration of his 
 happiness. Without innate humility, without a sensitive 
 belief in man's personal dependence upon causes outside 
 
Addresses 461 
 
 of himself which he must honestly invoke in his own 
 way, by devotional prayer or unselfish thought — which 
 is another form of prayer — then each and every one of 
 us becomes the cat's paw of his passions, the victim of 
 his ambitions, and finally the heart broken ruin of his 
 failures. 
 
 We honor to-night a man who is the embodiment of 
 humility. The brilliant cardinal robes which drape his 
 dignified physique are typical of the strong and pure red 
 blood that pulses his heart with love of humanity here 
 and hope for their peace and happiness hereafter. All 
 who know him — whether they knew him as a poor boy 
 in his native Ireland, or. as a Curate in an East Side 
 parish, or as a powerful Bishop and Archbishop, or now 
 as the Prince of the Church to which he has given his 
 life of service — all speak of his humility. 
 
 To-night the personal aspect of Cardinal Farley, as it 
 photographs itself upon our eyes and minds, leaves upon 
 us the indelible impression of humility — the honest de- 
 sire to serve humanity. 
 
 Our gathering here, representative of the cosmopolitan 
 character of our people, eloquent of the diversity of indi- 
 viduality and opinion which comes through glorious 
 liberty and equality, pays its tribute to Cardinal Farley, 
 joyously, generously and without reservation, because of 
 the acknowledged services to mankind, to our nation and 
 to our State, of this man and of his Church, to which many 
 at this board do not belong, but which we all appreciate 
 for what it has accomplished right here among us. 
 
 We honor a man to-night broad enough to compre- 
 hend with truest sympathy and constructive inteUigence 
 the relations of all the various races, religions and indi- 
 
462 Public Papers of Governor Dix 
 
 viduals that make Up our American civilization — a man 
 who is a loyal citizen of our nation, a man who is a true 
 son of his Church, a man whose great influence is guar- 
 anteed at all times in the interests of liberty, of educa- 
 tion, of moral uplift, of self-control and of civic progress 
 along lines of justice. 
 
 In this season of well-earned and unexampled con- 
 gratulation for him, I feel sure that some of Cardinal 
 Farley's most interesting and happiest moments are 
 given to reflection and review. The facts of the past are 
 the beacon lights of the future. And what amazing facts 
 in human progress, in this nation and throughout the 
 world, have been recorded for the inspiration and ad- 
 vancement of the future within that span of seventy years 
 since Cardinal Farley saw the light of his first day in 
 Armagh, Ireland? The mental panorama set before one 
 by retrospect, since 1842, is the grandest in the history 
 of the world since time began. Incredible, almost, as are 
 the advances in material and scientific affairs, they equal 
 not, in heart thrill and mind-spur, the extraordinary 
 events in the social and moral world. 
 
 Though not a believer in an immediate millennium, and 
 recognizing always the inevitable slow movement onward 
 to which humanity seems destined, yet I would rather 
 have lived the seventy years that we contemplate now 
 than any other similar span of time. And my hope and 
 confidence is that future years may compare in achieve- 
 ment in worthy measure along the line of duty and serv- 
 ice to humanity. The merest cursory review of the time 
 in which we live must inspire enthusiasm and emulation. 
 We, to-night, can make this review with appreciation of 
 all the elements therein — good and bad — without bit- 
 
Addresses 463 
 
 terness for the wrong and the mistaken, while we applaud 
 the sacrifices and successes of those who struggle for the 
 right. 
 
 Ireland in 1842 was the broken-hearted mother of a 
 disorganized family, which for centuries had suffered 
 political injustice, and which then was about to enter 
 upon a decade of years of revolution, brutal unfairness, 
 pestilence and famine. The intolerance of ignorance was 
 rampant there; and here in America the curse of hatred 
 among our different peoples was little less rampant and 
 repugnant. Only nine years before, in 1833, had Great 
 Britain abolished human slavery in her colonies, and it 
 was not until the first day of January, 1863, that Abraham 
 Lincoln wiped from our flag the stigma of the same 
 disgrace. 
 
 During the first twenty-five years of Cardinal Farley's 
 life, not only the English-speaking world, but all the 
 civilized world was war-mad, hatred-cursed, in the agon- 
 izing throes of the birth of that new civilization, which, 
 fertilized with the blood of the bravest and the strongest 
 and the best-hearted of humanity, we enjoy to-day. 
 
 It was not until 1865 that this country was able to 
 bring to the stage of actual fact the words of the Declara- 
 tion of Independence, that all men were created equal. 
 And it was not until the year 191 1, within a few months, 
 that the aroused conscience of this great nation caused to 
 be placed upon our legislative record the dictum, ufi- 
 deniably just, that all citizens of the United States are 
 entitled to every right that is accorded to any citizen of 
 the United States, in any nation with which we have a 
 treaty. 
 
 The world at last understands that the United States 
 regards its citizens as equal before the law and before the 
 
464 Public Papers of Governor Dix 
 
 world, and that its protecting arm reaches around each 
 and all alike — whether at home or abroad. 
 
 The years contemporaneous with Cardinal Farley's 
 curacy, before his appointment to the pastorate of St. 
 Gabriel's in 1884, witnessed the progress of our nation 
 through the dangerous reconstruction period, where the 
 passions and prejudices of men were scarcely less violent 
 than in the years of actual civil war; then came the 
 financial panic years of the seventies, when the minds 
 and struggles of our greatest men were turned from the 
 fields of warfare to the fields of commerce, with heartless 
 ambition exploiting the people, bringing poverty and 
 sorrow in its wake. 
 
 As pastor of St. Gabriel's his services covered a period 
 of great troubles within his own Church; and even his 
 elevation to the bishopric followed closely on our national 
 financial panic of 1893. 
 
 All through these years education and tolerance had 
 been spreading, in religion, in social life and in business 
 life. Our schools, our colleges and our great daily press 
 had been doing the work of illuminating the past and 
 recording the present, with its sins and its sorrows, its 
 achievements and its failures, all teaching a lesson of the 
 dependence of men upon each other and of the value of 
 fair play and decency in private and public life. 
 
 To-day we have the troubles of our own progressive 
 age — the uplifting of the poor, the curbing of the strong 
 without injustice, and the protection of our citizens in 
 equal right and opportunity. But our atmosphere is 
 filled with the electricity of truth and justice and 
 righteousness, where heretofore it was burdened with the 
 poisonous vapors of intolerance and bigotry — religious, 
 social and commercial. Dear old Bobby Burns' state- 
 
Addresses 465 
 
 ment, " A man's a man for a' that," reaches with effective 
 meaning more hearts in America now than ever before. 
 
 We see your native Ireland, Cardinal Farley, treated 
 with greater justice than ever before, and, we trust, soon 
 to receive full justice from the ancient enemy, now 
 enlightened under the leadership of that great man of 
 Celtic blood, the Welshman, Lloyd George; and assisted 
 by a man who carries in his veins the best blood of New 
 York, Winston Churchill. 
 
 We see our dismembered nation of the sixties united 
 in loyalty to the great American flag — the South and 
 the North now battling only to protect and to increase 
 the freedom, the prosperity and the indestructibility of. 
 this whole nation. 
 
 We see our churches, rivals, only in their emulation of 
 each other for better results, both in civic and spiritual 
 ways. 
 
 And we see all this typified and impressed here by a 
 gathering of men of all races and religions, and of no re- 
 ligion, to honor the first Cardinal in twenty-five years raised 
 to the dignity of a Prince of the Church of Rome, for ser- 
 vice, religious and social, in the progress of democratic 
 civilization as we live it and love it in our own New York. 
 
 At the Banquet of Friends of St. Patrick, Troy, N. Y., 
 '^ ; Monday Evening, March 18, 1912 
 
 Fellow-Citizens, Ladies and Gentlemen 
 
 No historian properly can write the story of modern 
 civilization without mention of St. Patrick. 
 
 Priest and hero, poet and apostle, his conversion and 
 christianizing of Ireland over fourteen hundred years ago 
 were works that have shed illuminating influence down 
 30 
 
466 Public Papers of Governor Dix 
 
 every year of the intervening centuries and in every .coun- 
 try on the globe through the hves and the services of 
 the sons and daughters of the beautiful isle whose patron 
 saint he is. 
 
 Sanctified as he is in the Irish Catholic heart, his appeal 
 is yet wider than any one land, or any one creed. 
 Wherever scholarship enlightens, there St. Patrick right- 
 fully holds high place of honor. By example, he taught; 
 through sacrifice, he preached; through courage, he in- 
 spired — founding a system of education in his chosen 
 Erin that because of its discipline and its devotion served 
 as refuge and salvation for European culture in all the 
 dark centuries of the Middle Ages. 
 
 So I say that March 17th is a world-holiday not more 
 because of its celebration by people of Irish blood 
 wherever they may be than because of its signification 
 wherever humanity appreciates education. 
 
 St. Patrick is a sublime figure in his period of the 
 world's progress and history — an embodiment of love, 
 loyalty and optimism. On his day I would not dwell on 
 the heartrending record of the sorrows his land has 
 endured, the injustices it has suffered, the wars, confisca- 
 tions, executions and transportations that make the past 
 five centuries a monotony of monstrous wrong. Rather 
 I would develop and impress that marvelous fact of his- 
 tory that the people which St. Patrick blessed with his 
 ministrations has through all troubles and against all odds 
 preserved in its race and blood down to this very day 
 both the character and the manifestation of that love, 
 loyalty and optimism of which he is the exemplar. 
 
 The charity of heart, the cheerfulness of disposition, 
 and the unconquerable persistence of the children of Irish 
 
Addresses 467 
 
 lineage are for celebration on St. Patrick's Day. Always 
 the Irish people has borne its burden with gaiety of heart, 
 and confidence in final victory. 
 
 And how well that confidence has justified itself in the 
 past one hundred years. A century is not a long period 
 of time in the life story of a nation. With the opening of 
 the nineteenth century, came the magnificent Daniel 
 O'Connell — to whom the superb American orator, Wen- 
 dell Phillips, proudly paid the homage of his admiration 
 as to a superior — came O'Connell beginning his fight 
 for religious emancipation. Four-fifths of his country- 
 men were then denied the right of suffrage, and two- 
 thirds were not permitted the ordinary rights of person 
 and property because of religious belief. It took three 
 decades to win this fight, but it was finally won, and was 
 a world-awakening triumph of moral force and constitu- 
 tional method. " The Emancipator's " unequalled ap- 
 peals at that time for justice to his countrymen and lib- 
 erty for all men, white or black, have been the inspiration 
 of the patriots of many lands and tongues. 
 
 A third of a century from O'Connell's death — a time 
 within which almost every civilized nation underwent the 
 convulsions of war, and within which Ireland suffered at 
 least her share of inhumanity — came Charles Stewart 
 Parnell, the implacable, imperturbable, imperious Parlia- 
 mentary leader. The land laws were wholly on the side 
 of the land owners, and the tenantry was absolutely at 
 the mercy of their agents. Here in America where land 
 is bought and sold like any other commodity, it is diffi- 
 cult to understand the Irish land question of that time. 
 Backed by the ever hopeful Irish at home and abroad, 
 Parnell paralyzed parliamentary procedure in the House 
 
468 Public Papers of Governor Dix 
 
 of Commons, converted the greatest Englishman 'of his 
 time, William E. Gladstone, to his views, and made Ire- 
 land's cause the deciding stake of one or the other of 
 the great British parties. With Parnell gone, there came 
 John Redmond, urbane, convincing, ever-confident, ever- 
 insistent, indomitable. 
 
 To-day, no man in Ireland need any longer be a tenant. 
 A premium is placed on thrift. Opportunity for every 
 man to be his own landlord is even better than in the 
 United States. The veto power of the House of Lords 
 has been taken away with the co-operation of the King. 
 The weary waiting, the almost impossible struggle of a 
 century for local self-government has nearly ended, and 
 the victory seems practically won. It is a coincidence 
 and may be an omen that in this year of 1912 the calen- 
 dar encourages a three-day celebration of St. Patrick's 
 anniversary instead of the usual one-day commemoration. 
 
 Speaking as Governor of an Empire State, and appre- 
 ciating the services that men of Irish blood have rendered, 
 are rendering and are destined to render in the prosperity 
 and the progress of our state and nation, I congratulate 
 you on your noble celebration to-night of an ennobling 
 anniversary. Speaking personally, I am glad to be with 
 you because it gives me an opportunity to express an 
 opinion that I have long held. This opinion is that the 
 historians of our American revolution have not, as a rule, 
 done full justice to the part that men of Irish blood and 
 descent played in that great war. Some one, holding the 
 same belief as to the men of our own State of New York, 
 has said " New York made history, but New England 
 wrote it." This epigram sums up injustice. 
 
 According to the late John Fiske there were very few 
 Irish in the colonies prior to 1775. I would place against 
 
Addresses 469 
 
 Fiske the testimony of Historian Froude, who certainly 
 cannot be charged with partiaHty for the Irish. Writes 
 Froude : " Twenty thousand left Ulster on the destruc- 
 tion of the woolen trade. Many more were driven away 
 by the passage of the Test Act. The stream had slack- 
 ened in the hope that the law would be altered. When 
 this prospect was finally closed, men of spirit and energy 
 refused to remain in a country where they were held un- 
 fit to receive citizenship. The resentment that they car- 
 ried to their new home continued to burn, and in the War 
 of Independence England had no fiercer enemies." 
 
 This emigration was in 1729. 
 
 " In the two years that followed the Antrim evictions," 
 continues Froude, " thirty thousand left Ulster for a land 
 where there was no legal robbery and where those who 
 sowed the seed could reap the harvest. The people of 
 the south and west were caught by the same movement, 
 and ships could not be found to carry the crowds that 
 were eager to go. What the Irish could do as enemies 
 we were about to learn when they crowded to the 
 standards of Washington." 
 
 In 1649 some 25,000 Irish came to the colonies, driven 
 out of Ireland by Cromwell. In 1737 the Irish colonized 
 South Carolina, and it is admitted that John Rutledge 
 was the first man whose eloquence aroused that colony 
 to the level of armed resistance. In 1699 a large Irish 
 emigration came to Pennsylvania which gave to America 
 many of the leaders in the movement of independence. 
 
 When the Stamp Act was passed in 1765, Benjamin 
 Franklin, writing from London to Charles Thomson, one 
 of the Irish settlers of Pennsylvania, afterward secretary 
 of the Continental Congress, said : " The sun of liberty 
 is set. The Americans must now light the lamps with 
 
470 Public Papers of Governor Dix 
 
 industry and economy," to which Thomson, a genuine 
 Celt, sent back the ringing answer: "Be assured we shall 
 light torches of quite a different sort." 
 
 It is well known that between Washington, with his 
 officers Hke Schuyler and Clinton on the one side and the 
 leaders in Ireland of that time on the other, there was 
 a most friendly, fraternal feeling, and Henry Grattan, a 
 commanding genius in a country rich in genius, is cred- 
 ited with being the first-born across the seas of the ideas 
 of the American Revolution and the Declaration of Inde- 
 pendence — the bravest and most profound document 
 that was ever signed by the representatives of a people. 
 
 Through all the years of this American nation's life, it 
 has given generously of its bounty to alleviate the mis- 
 fortunes and sustain the aspirations of the Irish people, 
 and in return the best of Ireland's blood, bone and sinew 
 has come to us for the promotion of our prosperity and 
 the perpetuation of our liberties. 
 
 In the celebration of the holidays or festivals of the 
 various peoples that now make up our cosmopolitan pop- 
 ulation in this country — and especially on the day dedi- 
 cated to that missionary of peace and education, St. 
 Patrick — I would couple and intermingle with the racial 
 or religious memories and inspirations of the occasion, 
 recollections and lessons of our own glorious country and 
 it achievements. Patrick Henry, in the convention that 
 started the ball of our colonial independence of Great 
 Britain rolling, said : "I have but one lamp by which my 
 feet are guided, and that is the lamp of experience. I 
 know of no way of judging of the future but by the^past." 
 
 The history of civilization is the history of the slow 
 and painful enfranchisement of the human race. America 
 erected one great milestone in that progress when upon 
 
Addresses 471 
 
 its fertile acres it offered to all mankind the opportunity 
 of freedom of conscience, and followed it as a nation with 
 constitutional guarantees of life, liberty and the pursuit 
 of happiness. 
 
 Our duty — the duty of all of us here in America of 
 whatever race or religion — is in our day to emulate the 
 ideals of the fathers of the American nation, their con- 
 fidence, their fortitude, their toleration and their fore- 
 sight. In the necessarily slow progress of civilization we 
 must labor to do our part for the honor and the power of 
 our country. The fathers bequeathed us political free- 
 dom and religious toleration. Our problems are indus- 
 trial justice and equality of economic and social opportu- 
 nity. We must bequeath to our children a better, a fairer,, 
 a more noble civilization even than that which was our 
 beneficent heritage among the peoples of the world. In 
 working out this destiny we need and demand all the 
 fortitude with which divinity has endowed mankind — all 
 the toleration, all the optimism, all the intelligence and 
 energy. In this work of progress, peaceful yet revolu- 
 tionary, the Irish strain in our American blood will be a 
 factor containing the attributes of generosity, loyalty and 
 optimism so necessary to orderly achievement and ulti- 
 mate success. All hail, then St. Patrick's Day of 1912, 
 recalling as it does the grandeurs of the past and pointing 
 the way with buoyancy and bravery to the glories of the 
 future. 
 
 In closing, I would leave for your consideration 
 thoughts contained in the last paragraph of George Ban- 
 croft's History of the United States; who, speaking of 
 the founders of our nation, said: 
 
 " They were more sincerely religious, better educated, 
 of serener minds, and of purer morals than the men of 
 
472 Public Papers of Governor. Dix 
 
 any former republic. By calm meditation and friendly 
 councils they had prepared a constitution which, in the 
 union of freedom with strength and order, excelled evei-y 
 one known before; and which secured itself against vio- 
 lence and revolution by providing a peaceful method for 
 every needed reform. In the happy morning of their 
 existence as one of the powers of the world, they had 
 chosen justice for their guide; and while they proceeded 
 on their way with a well-founded confidence and joy, all 
 the friends of mankind invoked success on their unex- 
 ampled endeavor." 
 
 At the Commencement Exercises of Hamilton College, 
 Clinton, N. Y., Monday, June 17, 1912 
 
 Standing amidst the inspiring memories of the first 
 century of this noble institution and upon the welcoming 
 threshold of its second century, I would to-day impress 
 anew the thought that responsibility goes everywhere 
 hand in hand with opportunity. 
 
 Our sacred American axiom that all men are created 
 equal has as its natural corollary and complement the 
 truth that inasmuch as uncommon gifts may come to us 
 as individuals through the increment of the ages or the 
 accidents of personal fortune, in so far are we bound in 
 justice to use our advantages for the general good. 
 
 This hallowed anniversary of Hamilton College pro- 
 claims at the same instant and with the same force those 
 twin glories of mankind, the equahty of birth and the 
 responsibility of education. Before God we are all equal. 
 Before man our very existence is a complexity of 
 inequality. 
 
Addresses 473 
 
 The wise, and not even yet fully appreciated fathers of 
 our nation, when they declared in the greatest written 
 document of historic time, that "All men are created 
 equal," did not mean that all men were equal in physical 
 or intellectual attributes, but they did mean that all men 
 were born equal in their right to common justice and to 
 the fullest opportunity for growth and development. 
 Man's primary duty is to uplift himself. His secondary, 
 but no less imperative duty, is to uplift his fellow man. 
 
 No matter what a man's education may be — however 
 great his acquired subtlety of reasoning, his cleverness of 
 expression, or his seductive mastery of language — un- 
 less he have the ordinary virtues of uprightness of life and 
 conscience, sympathy of heart, his work must at the best 
 be ephemeral, and at the worst, evil. The foundation, 
 therefore, of education is character, and the only effective 
 expression of education must be self-reliance tempered 
 by humility and dedicated to service. 
 
 As children of a common father, we all must admit a 
 common dependence upon an unseen and, perhaps for- 
 ever, an inexplicable power. But in our hearts, each of 
 us feels an equally inexplicable impulse to individual and 
 itnique achievement. Whether conscious to ourselves 
 and appreciated by ourselves, or whether only blindly 
 domineering, this impulse orders us forward to service. 
 
 Education lights the way and determines the destina- 
 tion. Humanity must and shall be served, no matter 
 whom may sufifer. That is both the whip and the hope 
 of the race. 
 
 When this college was founded we were a nation of 
 four or five million souls, more than seventy per cent, of 
 whom were men or women practically independent of 
 
474 Public Papers of Governor Dix 
 
 their fellow man as to their means of existence. One 
 hundred years ago it was man versus nature. In these 
 parts savage humanity had been practically subdued, and 
 the American pioneer had as his antagonist only respon- 
 sive nature. It is difficult for us to appreciate the bravery 
 of soul and the imagination of mind of our forbears of 
 those times. Of the conveniences and luxuries of phy- 
 sical life as we know them, they had none. Of the mental 
 inspiration and the news excitation of the day as we know 
 them they were ignorant. 
 
 But they did possess, thank God, faith in themselves, 
 love of freedom and of education, and a persistent deter- 
 mination to make the best of themselves and of their 
 environment. 
 
 The heritage which their sacrifice begot is to-day 
 bestowed upon the graduates of this college. Through 
 them and by future generations I am sure it shall endure 
 until the end of time. 
 
 For if the second century of Hamilton College is to 
 see the self-government of our beloved country go pros- 
 perously on, there must be some renewal of that old spirit 
 of subordination and obedience to divine as well as 
 human laws and authority which has been our security 
 in the past. There must be faith in something higher 
 and better than ourselves. There must be a reverent 
 acknowledgment of an unseen, but all controlling, ruler 
 of the universe. His word — His day — His house — 
 His worship — must be sacred to ourselves and to our 
 children as they were sacred to our fathers; and His 
 blessing must ever be invoked upon our land and upon 
 our liberties. 
 
 Leadership in the great work of human uplift and ser- 
 vice is the joyous burden of the youth to whom through 
 
Addresses 475 
 
 the sacrifice and the success of his forbears is given the 
 advantage of uncommon education. Through the acts 
 and sciences taught by professors youth has received in- 
 tellectual nourishment from the energy and truth of all 
 the ages since man made history. Through his study of 
 languages he has been placed in communication with the 
 noblest spirits and the best ideals that have blessed the 
 world with its ever onward advance. Through this 
 knowledge of philosophy imparted to him, he has been 
 endowed with a clearness of vision, a resiliency of mind 
 and a strengthening of his moral nature that can be called 
 to serve him in every crisis. Through associations of 
 these student days he is the possessor of unmined wealth 
 in the friendship and confidence of his fellow students, 
 each of whom, like himself, is about to embark upon the 
 voyage of life where the wireless signal of distress is 
 seldom overlooked or unanswered. And in those rare 
 emergencies when the call for co-operation may be un- 
 answered, there will still remain to men of disciplined 
 mind and clear thought, the consolation that the light 
 they bore was not dimmed by them, but through their 
 personal losses was multiplied in candle power for the 
 illumination and guidance of their brothers. 
 
 Remember always, manners maketh man. The best 
 man is he who acts best his part, who loves his friends 
 best, who is most willing to help others, who is truest of 
 obligation, who has the best heart and the deepest sym- 
 pathies, who most freely gives to others the rights he 
 claims for himself. 
 
 What man needs in" ever and ever increasing degree is 
 more manliness, more initiative, more independence. 
 Under all circumstances we must feel the duty and re- 
 sponsibility of constant self-development and betterment. 
 
476 Public Papers of Governor Dix 
 
 This feeling came naturally to the sturdy fathers of our 
 nation through their isolation as human beings. They 
 were one to the thousand acres. We are one to the 
 square foot, or less. Yet in our studies and offices, and 
 in the marts of trade, surrounded as we may be by those 
 of our fellows, if we are right with ourselves, we still feel 
 the impulse to higher things and aspire to achievements 
 based on courage and conscience. 
 
 What in these days can give us the mental and spiritual 
 expansion that was possessed in the youth of the Ameri- 
 can nation by men favored of those times? Education — 
 education applied in personal conduct and expressing 
 itself in high thinking and unselfish human service. 
 
 At this present moment of the world's history, educa- 
 tion is a personified force that likens itself to the lonely 
 man in that near-wilderness of one hundred years ago 
 who had only his hands, his brain and his faith in him- 
 self and his God. When you go into the world, if your 
 heart is right, if conceit is a deficit and self-reliance a 
 surplus, you will find your place for cultivation in the 
 wilderness of humanity as your fathers found their place 
 in the wilderness of nature. 
 
 Do your work of development as they did theirs, — 
 brave in danger, thoughtless of self, having faith in the 
 fruit that shall come from your effort in cultivating and 
 developing that illimitable acreage of human possibility 
 as they did in cultivating and developing their limited 
 acreage. 
 
 In this cultivation of your human surroundings you 
 must have as thorough an understanding of your environ- 
 ment as did your ancestors of theirs. In our complex 
 civilization you must remember that the one common 
 
Addresses 477 
 
 denominator that solves all human problems is sympathy 
 — sympathy backed by strength. As Emerson says, 
 " Nothing is sacred but the integrity of one's own mind." 
 So have sympathy, but also have strength. If your best 
 efforts at cultivation go wrong, as often they did go 
 wrong upon the primitive farm, remember that there will 
 come another seed time and harvest — and perhaps mean- 
 while the winter of your discontent and theirs shall have 
 developed a better and more kindly soil and atmosphere 
 for your undertaking. 
 
 This thought I leave with you. Be courageous, be 
 self-reliant, be clear in thought and upright and unselfish 
 in life. But above all, be just, be patient and be kind — 
 for justice and patience and kindness in a man equipped 
 with education, are unconquerable for power and 
 progress. 
 
 At the Dedication of the Champlain Memorial Light= 
 house at Crown Point, Friday, July 5, 1912 
 
 Fellow-Citizens of America, and Brethren of the World, 
 Ladies and Gentlemen 
 
 This memorial to that great son of France, whose life 
 and service we recall in gratitude and honor to-day, is 
 peculiarly appropriate and expressive. 
 
 Its foundation is grounded upon a rock, its aspect is 
 magnificent, its position commanding, and its work is 
 for the lighting of the way of humanity. How well it 
 typifies the character and the deeds of Champlain ! He 
 had the firmness and the constancy of the rock in his 
 character, the beauty of the superstructure in his life, and 
 
478 Public Papers of Governor Dix 
 
 the persistency of the never-failing light in the operations 
 of his mind and heart for the service of his country and 
 mankind. 
 
 The contrasts between his times and ours, the marvel- 
 ous changes that have almost entirely transformed 
 man's environment within the past three hundred years, 
 make it difificult if not impossible for us to-day properly 
 to appreciate the soul-controlling purposes of Champlain, 
 or estimate the sacrifices he endured in the outworking 
 of those purposes. 
 
 Contemplation of Champlain, dreamer, discoverer and 
 hero, is, however, for us a stimulant to imagination and 
 to ambition. 
 
 To praise him because of the results that followed 
 through the work of other men and later times, is as 
 illogical as to disparage his character and work by taking 
 the viewpoint of the present without giving due consid- 
 eration, so far as people of our time can understand them, 
 to the conditions and ideals of his age and the obstacles 
 that he had to overcome in all he achieved. 
 
 His journey hither may have been for conquest and 
 not discovery. Upholders of this opinion cite the fact 
 that Champlain had with him and used the first explosive 
 death-dealing weapons seen by the Indians, and that wars 
 between the tribes followed. 
 
 Yet Indian wars were known before. Was not war the 
 truest expression of the savage nature? Was not the 
 Long House of the Iroquois the greatest war machine 
 of the time? When in America was exploration free 
 from combat, and what was land discovery but conquest? 
 
 Let us receive from Samuel de Champlain the inspira- 
 tion of high aims and purpose and unselfish service to 
 
Addresses 479 
 
 our fellDw-men. Let us dedicate ourselves to the work 
 so nobly begun by his indomitable will and fortitude in 
 blazing the way for the American spirit of courage and 
 enterprise that so greatly enriched and developed this 
 northern country. 
 
 For me it is sufficient to know that Samuel de Cham- 
 plain was the first white man here, and that the knowl- 
 edge he gained was the first information that civilization 
 had regarding this wondrous place. Moreover, I know 
 that he was. the same man whose mind conceived, as early 
 as the year 1600, the utility and the plan of a ship canal 
 across the Isthmus of Panama. 
 
 Facing almost insuperable difficulties at home and 
 braving unknown obstacles and dangers in the fabled 
 New World, he made not only one or two, but, all told, 
 nine voyages across the Atlantic from his beloved France, 
 exploring our coasts and penetrating into the wilderness 
 of our savage-ridden shores. 
 
 Everywhere he went, he planted the cross of his in- 
 herited faith and the ideals of a Christian world. 
 
 Faith in God and in one's self, achievement for our 
 nation and our race, and the power of imagination in dis- 
 solving all difficulties in the path of progress, are the les- 
 sons that his life teaches. 
 
 To an American who treasures the traditions of his 
 country and who reveres the one nation of- Europe that 
 to the struggling patriots of the Revolution gave the 
 recognition and aid that won the day and established our 
 Independence, what keener pleasure can come than on 
 an occasion like this to welcome with heart and hand the 
 representatives of the great French nation? It was our 
 own Jefferson who truly said, " Tout hommes a deux 
 patries — la sienne et puis la France." 
 
480 Public Papers of Governor Dix 
 
 It is indeed a high honor to join hands with the rep- 
 resentatives of the State of Vermont to bequeath to the 
 Federal government for safe keeping and constant care 
 this noble memorial, with the hope that its never-failing 
 light may guide the wayfarer and the voyager on the 
 path of safety. 
 
 To you, Colonel Sanger, this monument is now given. 
 
 At the Dedication of the Champlain Statue at PIatts= 
 burg, N. Y., Saturday, July 6th, 1912 
 
 Admiring to-day this beautiful statue of Champlain, 
 this splendid embodiment of genius and patriotism, it 
 seems as if one were gazing upon it through the vista 
 of a beautiful parkway. The statue, in all its edifying 
 beauty, is here before us, and yet its influence and its 
 meaning carry the mental eye adown three centuries of 
 visualization of civilizing events — sad and happy, de- 
 pressing and gladdening, horrible and glorious, all neces- 
 sary in the foliage of the avenue of progress through 
 which the mind perceives and tries to understand the 
 character of the man whom we here honor. 
 
 Have you in walking along the parkway of a city's 
 breathing place, or the lane of an arbored village, at the 
 end of your line of vision come upon a solitary figure — 
 a monument, a great tree, the section of a home with a 
 cupola upon it, or whatever it may be that by its height 
 and loneliness interrupt and end the vista? Have you 
 noticed that the width of the vista is seemingly greatest 
 where you stand, and gradually diminishes until at the 
 finishing point it is narrow, very narrow? 
 
Addresses 48 1 
 
 As I view this product of man's acknowledgment of 
 his indebtedness to the past, and of man's abiHty to ex- 
 press for the present and for the ages to come his con- 
 ception of his obligation to heroes and pioneers, I seem 
 to be looking from this statue down the vista of a park- 
 way of the three centuries between Champlain and us. 
 
 On either side stand sublime events of history, with 
 the sun of Hope and Faith shining above. Here and 
 there trees shut off the sunshine, while others only serve 
 to beautify and embroider that sunshine as it filters 
 through their verdant branches. And all the while the 
 roadway of civilization grows gradually from the narrow- 
 ness of the past to the breadth and the warmth of the 
 present. 
 
 This is the picture as it presents itself to my mind, of 
 the historic event we celebrate and its true meaning. 
 
 We of the more tolerant, more enlightened, and, I 
 hope, happier world, of the year 1912, see in this statue 
 the heroic figure of the intrepid explorer, who was the 
 pioneer of civilization in this magnificent region of coun- 
 try. His was the narrower world, perhaps, but to him 
 belongs the immortal fame of beginning the gradual 
 broadening of the way which, through war and sacrifice, 
 honor and glory, leads to our present proud position 
 among the nations of the world. 
 
 Since the plan of this tercentenary celebration of 
 Champlain's discovery was so well inaugurated and so 
 well organized, tributes of the ablest orators, the greatest 
 writers, and the foremost officials of State and nation, 
 have been paid to the character and the achievements of 
 Samuel de Champlain. Words seem now almost super- 
 fluous, for what can be said that will add to the fullness 
 31 
 
482 Public Papers of Governor Dix 
 
 and the beauty and the sincerity of the expressions of 
 honor and appreciation which have been placed upon the 
 enduring records of time. 
 
 Champlain truly typifies the chivalry, the intrepidity 
 and the charm of the people of his time and country. 
 The best tribute that has been paid to him, I think, was 
 that of Hamilton W. Mabie, and with Mr. Mabie's words 
 I will close : " A gentleman by birth and training, calm 
 in danger, resourceful and swift in action, strict in dis- 
 cipline, but always just and kind." 
 
 At the Annual Meeting of the Sangerfield Country Club, 
 Sangerfield, New York, July 27, 1912 
 
 Mr. President, Members of the Sangerfield Club, Ladies 
 and Gentlemen 
 
 It is a genuine pleasure and satisfaction to meet face to 
 face this representative body of people of central New 
 York that we may know each other and better under- 
 stand the principles of co-operation which exist or should 
 exist between citizens of this part of the State and your 
 Executive. 
 
 The generous bestowal of wealth of soil and delightful 
 climate in this picturesque valley naturally attracted the 
 pioneer who braved the hardships of the early settler and 
 wrung from nature a livelihood for his family. Amid the 
 comforts of good living and the ease of communication 
 and facilities of transportation which characterize the 
 present age, we of to-day can hardly realize that scarcely 
 a century ago there extended miles of forest wilderness 
 where now exists miles of fertile fields yielding abundant 
 harvests of grain and fruit. 
 
Addresses 483 
 
 The fundamental wealth of the Nation is the intelligent 
 and industrious men and women who beheve in right 
 living, and who wisely employ the soil of the country as 
 a natural resource. Our country has received bountiful 
 gifts from a benevolent Providence — soil, climate, forest 
 and mine. These resources, designed for use and not 
 abuse, have stimulated invention and inspired me to seek 
 and understand the secrets of growth and development. 
 
 It is necessary only to go back to the time of Wash- 
 ington to realize the importance to the State and Nation 
 of public education and of the intelligent utilization of 
 natural resources and of established scientific principles. 
 Not otherwise can we comprehend that the progress of 
 the past ten decades has been far greater than of all the 
 centuries preceding. In Washington's day coal was un- 
 known, and oil and gas had not been discovered. The 
 same methods of sailing vessels for transportation that 
 were used at the dawn of the Christian era were the only 
 means of communication between Nations. Communi- 
 cation between localities was by stage-coach and saddle- 
 pack. Motive power was the uncertain and capricious 
 wind. Hydraulic energy awaited recognition to do the 
 bidding of man. The magic of the telegraph and tele- 
 phone had not performed miracles, bringing State and 
 Nation into closer touch than neighbors of a century ago. 
 Benefactor was he who cut down a tree. The benefactor 
 of to-day is he who plants a tree. The feeding of a mul- 
 titude has changed the forest land into the fertile field. 
 
 The first census of this country showed but four per 
 cent of the population living in the cities. Half a century 
 ago one-third of the inhabitants lived in the cities. The 
 last census revealed that these conditions were reversed, 
 
484 Public Papers of Governor Dix 
 
 so that one-third of the Nation's population which inhabit 
 the rural districts are the food producers for the other 
 two-thirds as well as for themselves. 
 
 The yield per acre has decreased. The amount of acre- 
 age tilled for food products is now decreasing. There 
 remains only the application of scientific principles and 
 intensive farming to bring back the yield per acre com- 
 mensurate with the actual and rapidly growing needs of 
 the people. 
 
 Recently there has been an experiment in North Caro- 
 lina, through the Agricultural Department of that State, 
 where prizes are given to boys who plant corn on a 
 selected acre of land and cultivate the soil of that partic- 
 ular acre under scientific teaching. The results of the 
 experiment are phenomenal. The average yield per acre 
 of corn in this country is 18.4 bushels, whereas the aver- 
 age yield under the instruction and intelligent energy of 
 those Carolina boys is 67.8 per acre. A few boys aver- 
 aged 196 bushels per acre. Do we realize that corn is 
 the greatest of our agricultural products, exceeding in 
 value both cotton and wheat? And the benefit of a 
 bountiful corn crop means a lessening of the cost of liv- 
 ing, because it enters into food products to a greater 
 extent than any other agricultural harvest. 
 
 To give a graphic illustration of the value of our annual 
 corn crop let me say that the United States largest coin 
 is the twenty-dollar gold piece, or double eagle. If the 
 value of the corn produced in this country last year could 
 be represented by double-eagle gold pieces placed one 
 above the other, there would be a stack of gold pieces 
 nearly eight hundred miles high. 
 
 Science has taught us, and nature by her inexorable 
 laws has warned us, that each crop removes from the soil 
 
Addresses 485 
 
 some essential element which must be applied if subse- 
 quent crops are to measure up to the average. Unless 
 this is supplied, and nature thereby assisted, human 
 energy is naturally lost and wasted. 
 
 Conservation of resources is not the locking up of the 
 productivity of the soil ; it is not the hindrance of develop- 
 ment that future generations may have an abundance. It 
 means that instead of burning millions of tons of coal 
 mined from the earth, that our water .powers shall be har- 
 nessed to generate the same energy as supplied by coal 
 heat. It means that we must have cheap lumber, coal, 
 iron, cotton and grain. We can maintain our lumber sup- 
 ply only by reforestation. We can conserve our coal and 
 iron supply only by preventing waste and extravagance 
 in the operation of the mines. It means that cotton and 
 grain will yield an abundance only through scientific prin- 
 ciples assisting nature in maintaining productivity of the 
 soil. It means that we must use wisely and carefully and 
 save generously. This is true conservation which will 
 lead the development of our country to the highest level, 
 and ensure the greatest happiness of all our people. 
 
 At the Schenevus Fair on August 14, 1912 
 
 " I wish to acquaint you with the partnership in which 
 each individual enters as a part of the State administra- 
 tion. The State is distribiiting to the county fairs 
 $250,000 to aid agriculture and to the Agricultural Col- 
 lege at Ithaca $200,000 and to the State fair at Syracuse 
 an even greater sum so that all together the State is 
 expending $1,000,000 for the purpose of education, and 
 this for the farmer is the line fence between success and 
 
486 Public Papers of Governor Dix 
 
 failure. We want to have this education extended so that 
 all our high schools, our agricultural schools and even 
 our district schools will have the means of distributing 
 the scientific knowledge so much needed by the tillers of 
 the soil." 
 
 " Coming down the valley to-day I noticed many fields 
 of corn, some of which looked well and some not so well. 
 The average yield in this country is only about nineteen 
 bushels per acre and yet this crop this year will yield 
 3,000,000,000 bushels, valued at $2,500,000,000, in excess 
 of the value of the wheat and cotton of the land. It re- 
 quires skill and application to grow this without impov- 
 erishing the soil. ' We must know what elements are 
 taken from the soil to grow the corn and we must be 
 able to supply these elements, mere rotation of crops 
 will not do it. In our Agricultural College we endeavor 
 to find the needed facts and to give them to all persons. 
 If this is not taken advantage of it is the fault of the 
 people for whom the knowledge is secured." 
 
 " Thirty j'ears ago we had no students in the college 
 of agriculture and now we have 1,500, all of whom are 
 endeavoring to learn what scientific research will disclose 
 and to acquire what knowledge other countries have 
 gained of the economical use of soil products. They are 
 receiving instruction and will be able to instruct others. 
 In Denmark they have learned much and are producing 
 200 bushels of potatoes to the acre, while we produce not 
 over fifty bushels. We should ascertain what the land 
 needs and any individual may send a sample of soil to 
 Geneva and he will be told what necessary elements the 
 land requires to make it more productive. We are estab- 
 lishing agricultural schools, located in accordance with 
 
Addresses 487 
 
 the branch of the industry to be studied. Those whom 
 the State educates in them are to go out and impart the 
 knowledge to others and inspire them to their best efforts 
 along scientific lines. We are handicapped now in efforts 
 to have instruction in agriculture introduced in schools 
 of all kinds because of a lack of competent instructors." 
 
 " Our people are more and more changing from pro- 
 ducers to consumers and the cost of living will go up. 
 unless we learn to produce the maximum of crops with 
 the minimum of effect and expense and with the least 
 possible waste and loss. This is the problem before the 
 farmer which the State is endeavoring to help solve and 
 those who endeavor to employ all the aids to a scientific 
 solution which are offered will be assisting in making this 
 a better State in which to live." 
 
 At Plattsburgh on August 16, 1912 
 
 Mr. President, Ladies and Gentlemen, Citizens of Platts- 
 hurg 
 
 I want to assure you that it is a great pleasure to me 
 to take part in the festivities of Merchants' Week in your 
 city. I came here because I feel a great deal of interest 
 in the work that you are undertaking, to build up a pros- 
 perous city in this part of the State of New York. New 
 York State has given to you opportunities that few other 
 States enjoy. It has estabhshed here in your midst one 
 of the best schools in the State. Through that school it 
 is offering to you opportunities for education, and it is 
 for you to take advantage of those opportunities. 
 
 The line fence between success and failure — whether 
 it be on the farm or in the factory ; whether it be with the 
 
^88 Public Papers of Governor Dix 
 
 merchant or the professional man — is the difterence be- 
 tween education and the lack of education. This State 
 is spending upwards of one million of dollars to educate 
 young men as mechanics. In the science of agriculture 
 it is spending, through the educational department, eight 
 and one-half millions of dollars for the education of the 
 youth of this country in husbandry. 
 
 There will be celebrated in Albany this autumn the 
 dedication of the Educational Building, without question 
 the handsomest, the greatest and in fact the only building 
 devoted solely to educational purposes and only for the 
 administration of that department, in the world. That 
 building has cost this State three and one-half millions 
 of dollars. That money has been raised by the taxation 
 of the people of this State. That building is a part of the 
 great scheme and system in which you are interested ; 
 that is an evidence of the line fence between education 
 and lack of education. You have become a part of this 
 great system, and it is for you and your children to take 
 upon yourselves the responsibilities of making this State 
 the Empire State. 
 
 It has been my desire to have introduced into the dis- 
 trict schools of this State, as well as in the high schools, 
 educational advantages in the line of agriculture. Therein 
 lies the foundation of this nation. No nation can live 
 without abundant fertile soil, diligently worked, scientifi- 
 cally cared for and worked with the desire to hand down 
 to future generations a soil better than the soil you have 
 to-day. Along with the cultivation of the soil unless we 
 succeed in producing foodstuffs not only for ourselves, 
 but sufficient to enable us to enter the markets of the 
 world, that we may receive an income that will enrich 
 this countrv, we cannot be great. 
 
Addresses 489 ' 
 
 But let me remind you that aside from this work you 
 must give your best efforts to the encouragement of busi- 
 ness. If a railroad comes into your community, you 
 patronize that railroad. If you are part of a, system of 
 commercial navigation, patronize that navigation. If you 
 are part of any internal improvement, show your interest 
 in that improvement by your encouragement. Lend your 
 aid to whatever produces good results in the community. 
 And I want to say to you that this is a time when munici- 
 pal honor is at stake in this State. The honor of your 
 community depends upon the honor of the individual. 
 A century ago the people living here in Plattsburg re- 
 sisted that which they considered wrong. If they had 
 such power of resistance a century ago, you now should 
 have the power of resistance of any evil ; and if you resist 
 the evils of to-day as they resisted the wrong a century 
 ago, the future development of Plattsburg is secure. 
 That development will increase, it will grow only by your 
 efforts. You must give your best efforts, and through 
 those efforts the happiness, the success of your city is 
 assured. 
 
 At the Meeting of Pomona Grange, Kingston^ 
 August 17, 1912 
 
 Mavor Irwin, Cltairiiian of the Pomona Grange, Ladies 
 and Gentlemen 
 
 I have come here for two reasons ; One that in case 
 your chairman should be arrested or mobbed, I will be 
 here to pardon him. My other reason is, that I particu- 
 larly wished to come for the purpose to tell you my 
 interest in your work and the work that has been done 
 by you. 
 
490 Public Papers of Governor Dix 
 
 It is gratifying to me that this work is being carried 
 out by both men and women. The young man or woman 
 who starts on the farm with a knowledge of scientific and 
 economical methods of using the soil is in a fair way for 
 being successful. 
 
 Forty years ago there was established in one of the 
 great universities a college of agriculture. They invited 
 both men and women to come there and become in- 
 structed in both practical and scientific work. I was in 
 the class of '83 from, that university, Cornell. There was 
 not a scholar in the class of agriculture, but to-day there 
 arc 1,500 students in that department alone. I want to 
 tell you something of the work that school is doing for 
 tlie farmer. Some young men from the South went there 
 to take up the study of plant life. They returned to their 
 homes in North Carolina and raised corn on their farms. 
 Now, to-day, North Carohna ships carloads of corn to 
 other States, and this country raises the largest amount 
 of corn in the world. Corn is the most used of all grains. 
 The a^•erage production is about 18.4 bushels of corn 
 per acre. One of these j'ouths after he left school raised 
 67 bushels per acre and another young man 97 bushels 
 per acre. Do you know what that means in this country? 
 It means the production of three billion bushels of corn 
 in our country. No other product of the soil has such a 
 food -^-alue as corn. 
 
 It supplies many industries, about one thousand. It is 
 used in the battleships of our Nation and also in the balls 
 that the children play with. For that reason they are being 
 instructed in the scientific instruction and application of 
 the preparation of the soil. That work has helped you in 
 your Grange work and the work that you are carrying out. 
 
Addresses 
 
 491 
 
 If we are successful as a nation, State or county we must 
 perform certain service allied with the conservation of our 
 resources. No nation can become prominent without fer- 
 tile soil and large lands. We do not keep sight of the 
 conservation of soil. If I should tell you that the rivers 
 and streams do billion dollars worth of damage by soil 
 waste a year you would be surprised, but careful estimates 
 are on record to prove that statement. This can be elimi- 
 nated by the planting of trees on the hill sides to prevent 
 the soil from washing down the hills into the low lands and 
 being wasted. For this reason we have instituted a depart- 
 ment of agriculture to take interest in your work. I trust 
 that many of you will take advantage of this opportunity 
 and that you will save to the land the value of the soil and 
 that you will not undervalue the soil and its resources be- 
 cause these resources will not last all the time. I would 
 say that there is no reason that I can see why you should 
 use your resources extravagantly. We cannot return to the 
 forest the trees we have taken. We cannot return to the 
 coal fields of Pennsylvania the coal we have mined. We 
 cannot return to mines of the various States the minerals 
 we have used, but we can preserve the resources. We have, 
 plenty of water at certain times of the year but we do not 
 retain that water in the higher levels and develop it m 
 electrical energy; so we could supply the people of thfs- 
 State enough for each inhabitant and housewife to have 
 an electric candle in the home and to benefit all by supply- 
 ing heat and power or other services so as to conserve the 
 coal and other resources of our country to make up for 
 other waste. The time is not far distant, not in our days 
 possibly, when this great question of fuel will be serious. 
 That plan that the State is trying to work out is to develop 
 the electrical power on the Niagara river, St. Lawrence 
 
492 Public Papers of Governor Dix 
 
 river and other streams which will give such power. These 
 resources are not to be purchased or given away. It is my 
 desire and ambition that these may be returned to their 
 rightful owners, the people of this State. As time goes on 
 the value of these powers you will fully realize as in the 
 construction of the Erie canal. If for any other reason I 
 have come here to tell you of these wonderful resources 
 that belong to you but which have been taken from you. 
 They should be returned to you and harnessed and returned 
 for your uses. We have spent one hundred millions to 
 build a canal and we have spent one hundred millions to 
 build highways. I understand in this vicinity that you are 
 interested in the erection of a bridge. I endeavored to 
 gratify your desire by appointing a man from yovu^ vicinity 
 who will be interested in )'our welfare and I will help him 
 carry out your wishes. 
 
 I have come here to tell you of your great resources and 
 the conservation of them for the use of the people of this 
 State to their great advantage and to the great benefit of a 
 great number of the people of this State. 
 
 Before the Cambridge Valley Agricultural and Stock 
 Breeders Association, Cambridge, Washington 
 County, August 22d, 1912 
 
 Ladies and Gciitlemcn, Neighbors and Friends 
 
 It is indeed a pleasure to me to attend this fair on the 
 confines of Washington county. 
 
 This fair had its inception more than a score of years 
 ago, and the man who has contributed much of its success, 
 much to the success of agriculture, was a citizen of this 
 town. I refer to Mr. Rice, and I am sure you mourn with 
 me the loss of his services to this community. 
 
Addresses 493 
 
 I could not come here to-day without telling you some- 
 thing of that which the State is doing in the work of agri- 
 culture not only in the State but in the county as well, 
 through the County Fairs, through the Agricultural Col- 
 lege and the Agricultural School, and I hope through the 
 High School — and if the success of the undertaking is 
 fulfilled there will be classes in agriculture in every district 
 school in this State. 
 
 The great difficulty we are having to-day is that we 
 have not enough instructors. Many are receiving edu- 
 cation in the schools but few are ready and willing to 
 teach. That work of education is the " line fence " be- 
 tween success and failure on the farm. 
 
 I could not come here and discuss with you the study 
 of soil and soil culture. That is all in our schools. As we 
 all know it is not enough to raise the crop, but it is neces- 
 sary to re-nourish the soil in order to produce another 
 product. This great country has yielded this year products 
 equal to $10,000,000,000, but the soil must be treated to 
 produce another crop as great. 
 
 One of the greatest features of agriculture is water, and 
 I wish to discuss with you a few of the subjects pertaining 
 to the service of water. 
 
 The rain-fall in this country produces thirty (30) inches 
 of water per year ; — something over forty (40) inches in 
 the eastern country and thirty (30) in the western — an 
 average of thirty (30) inches during the entire year in this 
 country. An amount equal to one-tenth (i-io) of this 
 water flows through the Mississippi river. That means 
 that upon every acre of ground in the eastern States one 
 hundred and one (loi) tons of water falls per year. It 
 means that upon a space twenty (20) feet square twenty- 
 
494 Public Papers of Governor Dix 
 
 five (25) gallons of water falls. There is distributed over 
 this great earth one hundred (100) feet below the surface 
 of the ground water which if collected in a lake would 
 equal 7 years' fall of rain. This water supplies rivers and 
 springs, disintegrates rock and furnishes water to wells; 
 the deep roots of trees penetrate it and it contains the 
 solutions transfusal to soil. Near the surface of the ground 
 is the water which furnishes nourishment and sustenance 
 to every human being and to animals as well. An ordi- 
 nary human being consumes about one ton of water per 
 year. The purity of water as the foundation of health is 
 imperative, for therein lies the future of our country. If 
 we do not maintain supplies of water in its natural purity, 
 our country must deteriorate, for human beings will fall 
 below the standard if we do not conserve the water. This 
 is necessary and should be done immediately. It can be 
 done by means of planting trees on the hillsides that the 
 soil may not be destroyed by erosion and the water de- 
 stroyed by soil. Trees will retain on a high level suffi- 
 cient water to carry over a dry period. 
 
 In this connection with reference to this State and other 
 States, water can be purified not only for health but to 
 retain fish products in our streams. Take for instance the 
 river dividing Washington county from Saratoga county. 
 The raw sewage emptied into this ri\'er has destroyed 
 every product so that now we have very few fish which 
 come up the river during flood time. If this condition 
 increases, in the next ten (10) years there will be no fish 
 in the Hudson river unless steps are taken to prevent the 
 present system. 
 
 I want to say to you that France and England have 
 purified the Seine and the River Thames, for these coun- 
 
Addresses 495 
 
 tries have already realized that pure water is essential 
 to health in a community. 
 
 There is one factor that is making for the high cost of 
 living and that is because by our extravagance we make 
 expensive, cheap products that should be given to every 
 individual. 
 
 Courses in agriculture come into the system of educa- 
 tion in this State. This State to-day is paying for our 
 colleges, for our schools and for our county fairs, 
 $1,000,000 for the purpose of education. This is one of 
 the cardinal factors of this State • — the Education Depart- 
 ment — which I trust every man, woman and child will 
 take an interest in. I am glad to say that equal advan- 
 tages are now given to young women as well as to young 
 men. That is as it should be, for the future happiness of 
 this country belongs to both, and both should be equal. 
 
 At the Dedication of the Newtown Battlefield Monument, 
 Elmira, N. Y., Thursday Afternoon, August 29, 1912 
 
 FcIlozi'-Citi:::cns, Ladies and Gentlemen 
 
 Occasions like this great celebration are too infrequent 
 in this country. They do more than honor and commem- 
 orate the dead; they teach, inspire and elevate the living. 
 They vitalize our history, give form and figure to record 
 and tradition, and impress the mind of the nation with that 
 impact that education has when the teaching is a part of 
 our day's pleasure and happiness. 
 
 A memorial holiday is education in the concrete. It 
 embodies the kindergarten idea of our schools, and most 
 of us are in the kindergarten of the great national school 
 
496 Public Papers of Governor Dix 
 
 of our country's glorious history. It cannot be otherwise 
 since we have grown in less than five generations from 
 3,000,000 to 100,000,000 in population, the most cos- 
 mopolitan population of any country in the world. We 
 meet here to-day to reflect and to rejoice in exaltation and 
 in gratitude. 
 
 There is not one man or woman among the many thou- 
 sands who will enjoy this festival, whether an immigrant 
 of but yesterday, or the descendant of revolutionary sires, 
 who will not have greater respect for this State and this 
 nation because of this event. In no way has our institu- 
 tions shown their strength and the wisdom of the fathers 
 better than in the ability to assimilate the millions of immi- 
 grants that have helped in the past one hundred years to 
 make this country great. 
 
 Religious toleration and popular education have been the 
 two great factors in this assimilation, and in both these 
 factors our Empire State of New York has ever from the 
 beginning shown the way to our sister States. However, 
 I feel that our State has been somewhat neglectful in em- 
 blazoning its example and chronicling its services for the 
 common welfare and progress. So I welcome this noble 
 Newtown monument and these happy memorial days as 
 new evidence of civic consciousness. State pride, and 
 national patriotism whose influence will go out from here 
 in widening circles of interest and emulation. 
 
 Only two weeks ago our citizens made magnificent holi- 
 day near the banks of the Hudson, recalling in poetry, 
 word-picture and pageantry the Battle of Saratoga, and 
 from their celebration comes to my mind added interest in 
 this celebration. For the battles of Saratoga in 1777 and of 
 Newtown in 1779 were, in my opinion, the two most im- 
 
Addresses 497 
 
 portant battles of the Revolution, if we take as our criterion 
 the axiom of war that ithe importance of a battle is not in 
 the numbers engaged or the list of the dead, but in its 
 resuhs upon the issue of the immediate conflict and of 
 future civilization. 
 
 In all the heart-rending, blood-firing record from Lexing- 
 ton to Yorktown, Saratoga and Newtown stand pre- 
 eminent in purpose and in results. Between them is that 
 pestilential marsh of memory — Valley Forge. On either 
 side of it, chronologically, tower those mountains of glory 
 for America — the defeat of Burgoyne at old Saratoga 
 where Schuylerville now stands, and the humiliation and 
 routing of the theretofore irresistible Iroquois and their 
 English abettors at Newtown, where since has grown and 
 flourished your beloved Elmira. 
 
 Saratoga, won under General Gates, but planned by our 
 own immortal Gen. Philip Schuyler, was the one great 
 decisive triumph since the evacuation of Boston. It gave 
 strength to the American cause at home and abroad. At 
 last, the conviction of certain success was born in the 
 patriot heart. Newtown came when this new conviction 
 was almost dead, to confirm, strengthen and make it 
 invincible. 
 
 Washington's value of the importance of the Sullivan 
 Indian Expedition finds expression in the fact that he de- 
 tached more than one-third of the actual fighting force of 
 his entire country-wide command to compose it. And the 
 letter I will now quote written by General Washington to 
 General Sullivan dated: 
 
 "Headquarters, West Point, 15 Sept. 1779." 
 explains the idea of the Commander-in-Chief as to what 
 the expedition should accomplish and to what extent that 
 had already been done; 
 32 
 
498 Public Papers of Governor Dix 
 
 " Dear Sir : — I had the pleasure of receiving your letter 
 of the 30th of August, and congratulate you sincerely on 
 the success of the engagement at Newtown. I immediately 
 transmitted your account to Congress. 
 
 " The advantages we have gained over the Indians in 
 the destruction of so many of their settlements is very 
 flattering to the expedition. But to make it as conclusive 
 as the state of your provisions and the safety of your 
 army will countenance, I would mention two points which 
 I may not have sufficiently expressed in ray general in- 
 structions, or if I have, which I wish to repeat. The one 
 is the necessity of pushing the Indians to the greatest 
 practicable distance from their own settlements and our 
 frontiers; to the throwing them wholly on the British 
 enemy. The other is the making the destruction of their 
 settlements so fine and complete as to put it out of their 
 power to derive the smallest succor from them in case 
 they should attempt to return this season, 
 
 I am. Dear Sir, 
 
 Your most obedient servant, 
 
 GEORGE WASHINGTON 
 
 Major General Sullivan." 
 
 The Sullivan expedition was not a punitive manoeuvre, 
 not a martial mission of revenge and reprisal for the 
 atrocities at Wyoming and the massacre at Cherry Valley. 
 It was a wonderful strategic enterprise evolved in the un- 
 conquerable mind of Washington. His object was two- 
 fold : First, to prove to the Great Indian Six Nations 
 the relentless power of the American warriors whom they 
 had flouted and despised, and secondly, to take from the 
 
Addresses 499 
 
 British army their great natural source of food suppUes, 
 which was the Indian country overflowing- even then with 
 those sustaining products of the soil that now make the 
 valleys of the Genesee, Chemung and Susquehanna 
 matchless in agricultural beauty and prosperity. The ex- 
 pedition accompished all this and more. 
 
 It was the cause of a day of general thanksgiving, desig- 
 nated by Congress, which also gave a formal vote of 
 thanks to the expedition, its men, offtcers and commander, 
 and thereafter until Yorktown's final triumph our infant 
 nation enjoyed a feeling of relief and security. 
 
 The battle of Newtown, the monument to which in its 
 chaste and sublime figure enthralls our vision and illumines 
 our minds to-day, begot all these nation-making results, and 
 yet even until most recent times the Sullivan expedition has 
 been by some writers and historians described in a tone of 
 depreciation, and John Sullivan, its general, treated as a 
 man more to be pitied than honored. 
 
 One-third of a century ago throughout this whole south- 
 ern section of our State, in city and in hamlet, centennial 
 celebrations of this Sullivan-Indian expedition voiced the 
 appreciation and the gratitude of our people. Orators, 
 soldiers, and statesmen of the first rank were the exponents 
 and guides of the current popular thought of the time; yet 
 through the records of those brilliant days runs the thread 
 of apology and criticism, almost imperceptible, but to my 
 mind significant. The late General Sherman, speaking here 
 at Elmira, was among the few who with his robust Ameri- 
 canism and grim knowledge of war's horrors, gave the full 
 meed of praise, without quaver or quibble, to the men and 
 their oiBcers. Of Sullivan he said: " I know it is a com- 
 mon, and too common a practice, to accuse General Sullivan 
 
500 Public Papers of Governor Dix 
 
 of having desti'oyed peach trees and cornfields, and all that 
 nonsense. He had to do it, and he did do it — like a man 
 and a soldier." 
 
 That is the reason for my quoting Washington's letter of 
 congratulation and instruction to Sullivan. 
 
 I would to-day lay in the tomb of obloquy forever the 
 spirit of detraction from which General Sullivan sufifered 
 throughout his unselfish, loyal and patriotic career, and 
 which has persisted in the dimming of his fame even to this 
 day. 
 
 Men in the public service of our time know something of 
 the injustice of biased popular opinion, of the blight of the 
 envious tongue. But in all their harassments from false 
 interpretations of their endeavors, and mischievous miscon- 
 ceptions of our purposes, they have not one tithe of the 
 burdens of misrepresentation that Washington and the 
 patriot leaders, loyal to him bore in order that success might 
 come to their cause. 
 
 So let us to-day, in the illumination of mind and in the 
 appreciative gratitude of heart vouchsafed to our people in 
 the third of a century since the revolutionary centennial 
 years, take positive stand as to the unique importance of the 
 Battle of Newtown and the splendid character and achieve- 
 ments of its conquering commander. 
 
 To influence for good future generations, it is not neces- 
 sary to make demi-gods of our national heroes, but neither 
 is it desirable nor even fair, to judge them by standards, 
 social, military, or political, that did not obtain in their 
 time, and that perhaps would never have been known by 
 us but for their courage and their sacrifices. 
 
 \Vhen one writes of a man of great achievement he 
 should endeavor to see the man in the environment of that 
 
Addresses 
 
 ;oi 
 
 man's time; and it were far better, I think, if our histor- 
 ians would follow a little more the example of our sculptors 
 who enlarge and idealize somewhat our heroes, rather than 
 to detract from their heroic size and influence by emphasiz- 
 ing small infirmities of temper, of habit, or of judgment 
 without which they would not be of our common humanity 
 and would be useless to us as exemplars or teachers. 
 
 General Sullivan was a man. Sensitive, impetuous, quick 
 in resentment he was perhaps, but he was also brave, loyal 
 and chivalrous in forgiveness. Are not the three latter 
 qualities the sunlight of character, of which the three 
 former are the essential human shadows ? 
 
 In storm and stress, under suspicion or in glorification, 
 he was ever loyal to his country and to his commande'', 
 ever fair to his comrades, and ever generous and solicitous 
 towards his subordinates. One of the finest paragraphs 
 in his official report of his expedition that we to-day cele- 
 brate was his appreciation of his soldiers' attitude towards 
 his order reducing their rations in the march towards the 
 Genesee. He writes : " I know not whether the public 
 stand more indebted to the persuasive arguments which the 
 officers began to use or to the virtuous disposition of the 
 soldiers whose prudent and cheerful compliance with the 
 requisition anticipated all their wishes, and rendered per- 
 suasion unnecessary." 
 
 Of that prevailing sin of our own times — hypocrisy — 
 Sullivan was absolutely free. Those of his troubles that 
 did not come from envy of his endeavors, were the result 
 of the freedom with which he expressed his opinions, but 
 all of his troubles he met with counteracting intrepidity of 
 spirit. The men of New Hampshire, which colony in his 
 early manhood he had chosen as his home, knew him. 
 
502 Public Papers of Governor Dix 
 
 After his retirement from the army, impoverished in purse 
 and health, he was made their Attorney-General, and later 
 time and time again the Chief Executive of the State. 
 
 I honor General Sullivan not only for what he did, but 
 for what he dared. How few of us who speak with con- 
 fidence and accuracy about the Boston Tea Party and the 
 armed resistance at Lexington, know that the first really 
 overt act of rebellion against British tyranny, the first overt 
 act that could be punished with death as treason, was dared 
 for liberty by John Sullivan, and his patriot companion, 
 John Langdon, when in December, 1774, four months 
 before the skirmish at Lexington, they led a midnight raid 
 on the fort in Portsmouth harbor, and took for future use 
 all the munitions of war stored there to destroy the rising, 
 patriot cause. And Sullivan was then a practising lawyer 
 and a man of substance and success. His was everything 
 to lose — even his life. His was the hazard. Ours is the 
 happiness. 
 
 He was of that world-leavening race of whose blood 
 came General Wayne, who when asked by Washington 
 would he storm Stony Point, that defying Gibraltar of the 
 Hudson, replied. "Sir — I will storm Hell, if you will 
 plan the campaign." 
 
 Washington, the noblest of all human characters, knew 
 them all. His was the interpretation, his the guidance, his 
 the responsibility. His mind typifies to me the mind of our 
 cosmopolitan nation to-day. To him, loyalty and intelli- 
 gence was everything. He loved and trusted Sullivan; he 
 trusted and honored Steuben ; he was grateful to Lafayette \ 
 he was not without recognition of every factor that aided 
 the American cause. His test was not method, but service; 
 not descent, but deserving. 
 
Addresses 503 
 
 That must be the attitude of our nation in the future. 
 All who stand beneath our flag and honor its protection 
 must be free — ■ free in person and free in opportunity. 
 Ours is the only land dedicated to Liberty, Fraternity and 
 Equality. We must make Liberty mean the giving to every 
 man the honest fruits of his labor. Fraternity must mean 
 helpful brotherhood, and Equality must mean equal rights 
 a.nd equal opportunities; no color, creed, race, or condition 
 intervening. 
 
 Wherever our soil has absorbed the blood of those who 
 died for Liberty and Justice, then that soil is sacred, and 
 should be marked by an uplifted memorial from us to those 
 who have made our position in human progress possible, 
 and for the inspiration of those to come after us who, we 
 trust, may realize the happiness and utility that we treasure 
 ?js ideals. 
 .In this spirit we dedicate the Newtown Battle Monument. 
 
 At Richfield Springs on September 14, 1912 
 
 " Ladies and Gentlemen 
 
 This comes in the nature of a surprise to me. I suppose 
 in the position of Chief Executive one should expect sur- 
 prises but your reception is more touching to me than a 
 .surprise. I had the pleasure of going through your town 
 one evening a short time ago and I am very glad indeed to 
 renew the scenes of this valley. I want to tell you that I 
 appreciate one thing that is specially needful here, and that 
 is a good road. I think our good friend Mr. Proctor had 
 something in mind when he brought me over this road 
 because he had no regard for the speed limit, and I know a 
 great many of the bumps. 
 
504 Public Papers of Governor Dix 
 
 I am very much impressed with the suggestion that has 
 been made, that the old stage hne shall be made a State 
 road from Albany to Cherry Valley. It is one of the im- 
 portant thoroughfares of the State and along this line we 
 have the important farm industries, because it was made 
 on the Indian trails and the Indian trails were selected on 
 account of the rich and fertile fields. The farmer for his 
 convenience should have the best of highways and after the 
 trunk lines are complete by the State there is no question 
 that the counties will in a short space of time be equipped 
 with lateral roads. This has been accomplished in Wash- 
 ington county, sixty miles in length and twenty-four miles 
 in width. Farmers in that whole section objected to the 
 highways, claiming that they were principally for auto- 
 mobiles. Recently a man came to my home and said that 
 he intended to plant 12,000 apple trees on a farm adjoining 
 the old stage road from Albany to Whitehall, and that he 
 expected by the time these trees were bearing fruit, with an 
 automobile truck he could deliver his apples to tidewater 
 and have them in the principal markets of the State. 
 
 " We have in this State 80,000 miles of highways, includ- 
 ing all of the lateral lines and county roads. It has been 
 my desire they should be increased. We have experimented 
 in highways and found that other countries that have built 
 roads for centuries are now experiencing the same diffi- 
 culties that we experienced in this country, the new test of 
 automobile traffic on highways. An experiment was made 
 with an asphalt surface and it is found that in many places 
 horses met with accidents due to the smoothness of that 
 surface. I think the possible highway of the future will be 
 the water bond road with an asphalt finish, making a sur- 
 face that is more flexible and does not blow away the costly 
 asphalt, and the best asphalt that is found to-day comes 
 
Addresses 
 
 .■)^3 
 
 from Trinidad. These experiments Have been carried on 
 until I think the finished road of the future is practically 
 complete, and after riding over this highway through the 
 kindness of Mr. Proctor, I think I am committed to help 
 you out in this district if I am ever able so to do. I can, at 
 any rate, make known to those who have that in charge, 
 the needs of this community, and I want to say to you that 
 I intend to have that done." 
 
 At the Centenary of the City of Rochester, N. Y., 
 September 16, 1912 
 
 ]\Ir. Chainiwn, Mayor Edgcrton, Ladies and Gentlemen 
 
 We celebrate to-day the centenary of Rochester — 
 Rochester, New York, U. S. A. The name of OUR 
 Rochester is embossed, commercially and intellectually, 
 tipon the mentality of the civilized world. We who are 
 meeting in celebration here may in true exultation enjoy 
 the splendor of the ceremonies and the grandeur of the 
 physical and architectural environment that please our eyes 
 and inspire our minds in this great city now. 
 
 Yet within the sparkling beads of our enjoyment there 
 must be the homely thread of appreciation of the initiative 
 and the patience, the enthusiasm and the perseverance, yes 
 in a word the indomitable genius of the men of modern 
 times — some now with us and some but recently gone, who 
 made, alike of God's providence and of man's ambitions, 
 handmaids to work for and to acclaim the name and fame 
 of Rochester. 
 
 These men — chemists, inventors, financiers and 
 mechanics — some exalted, many humble, are the alche- 
 mists who have transmuted the natural opportunities of 
 Rochester into the prosperity and the pride of Rochester. 
 
5o6 Public Papers of Governor Dix 
 
 Perhaps many of them are forgotten. Perhaps some of 
 them, even now with us in hfe, are unappreciated. To-day 
 to one and all of them, and in a search of hearts here to 
 each of us many of them would be revealed, we pay our 
 homage and our respect. Rochester, conformed by nature 
 as a dwelling-place, has been confirmed by man as a man- 
 sion home of manufactures and merchandise, for the bene- 
 fit of all the world and for the fair fortune of Rochester. 
 
 There is a peculiarity about cities and States which rever- 
 ence their founders, their heroes and their benefactors. 
 They enlarge and endure. Local pride, the twin brother of 
 patriotism, is the parent of prosperity. 
 
 Rochester from its beginning had had local pride, ex- 
 pressed in optimism, confidence and energy that are uncon- 
 querable. The celebration here will enhance and illumine 
 that unconquerable spirit through spreading and impressing 
 knowledge of the history .of the city, its natural oppor- 
 tunities and the achievements of its upbuilders. 
 
 But a few years ago, stricken in your business center by 
 the devastating Furies of fire, you recovered with a courage 
 and celerity that deserved all praise, and using, as it were, 
 the debris of disaster as the fertilizer of fortune, you raised 
 upon your ruins edifices that in their present grandeur make 
 your sorrows then seem as blessings now. That is the way 
 of the brave. 
 
 Others will relate to you the incidents of your progressive 
 historv. I would impress the potentiality of pride in our 
 nation, our State and' our city. We have something in 
 America among our national characteristics that is superior 
 to anything that exists now in any other nation or that ever 
 has existed in any nation before. That something is Ameri- 
 can liberty, liberty for all, not liberty for the few, nor for 
 the many, but for all. 
 
Addkesses 507 
 
 Our Declaration of Independence was the complement 
 and the perfection of the Magna Charta. That great char- 
 ter of freedom wrenched from King John was in its essence 
 not a document of liberty for the people but a decree of 
 license for the feudal lords, the masters of the people. 
 Through, all the centuries, our Revolutionary War was the 
 first, the one war for the liberty of man. Our Civil War 
 increased 'the breadth and the beneficence even of that 
 liberty, and to-day we live in the only country that has 
 actual and absolute equality in the political status of its 
 citizens. 
 
 Our fight now is for economic ec[uality, that is equality 
 of opportunity for all, and through the inevitable frictions 
 and discouragements in the progress towards that glorious 
 goal, let us remember and take courage from the knowledge 
 that it is OUR fight, that it is a battle in which the will of 
 the poorest is as powerful as the word of the richest at our 
 ballot boxes, and that our growth will be as great and as 
 noble as the composite brain and conscience of the Ameri- 
 can people are great and noble. 
 
 Now as to the pride in our great State of New York — 
 the greatest commonwealth of the greatest nation of the 
 world. The history of New York has been from the first 
 an epitome of the history of the nation. In Colonial times 
 it was the home of the Iroquois, whose power was so great 
 that aUiances with them were sought by the great nations of 
 Europe. On our soil was decided in blood and sacrifice the 
 fateful question whether America should have a French or 
 an English civilization. In the Revolution the battle of 
 Saratoga won us the alliance with France. New York has 
 been the strategic ground not only in war but also in govern- 
 ment. New York was the first, even as a colony, to gather 
 the fruits of emigration because of its liberal policies and 
 
5o8 Public Papers of Governor Dix 
 
 hospitable welcome. The first Congress of the colonies was 
 held in Albany, and our constitution was the model that the 
 framers of the Federal constitution used. 
 
 All those forces which from the beginning have acted on 
 the character and progress of our nation have been in opera- 
 tion in our State. Here along the Genesee was the first 
 great West. To-day we hold within the borders of our one 
 State more than a tenth of the population of the entire 
 forty-eight States of the Union, and it requires no prophetic 
 eye to perceive, before your next Centennial shall come, 
 our State harboring in happiness over twenty millions of 
 people sprung from all the civilized nations of the earth, — 
 a more homogeneous people than we are, with a higher 
 civilization than ours, with wealth more evenly distributed, 
 and with our State still leading the way in prosperity and 
 progress. 
 
 I esteem it one of the greatest personal privileges of my 
 life and the greatest achievement of my administration to 
 have started in a State-wide and practical way the conser- 
 vation and the development of the natural resources of our 
 State, matchless in variety as in value, for the utility and 
 the benefit of our own and all future generations. 
 
 Your city celebrates to-day more than its centennial. You 
 celebrate a progress almost unequalled in the history of 
 American cities. Rochester, the third great city of our 
 State — your home — has added eighty thousands of people 
 to her population within ten years, a great deal more than 
 half of the number that found habitation and opportunity 
 here in 1892, and of that number probably a greater pro- 
 portion were men and women of educated minds or skilled 
 hands than any other city can show in its increase for 
 similar time. 
 
Addresses 509 
 
 As Rochester is known throughout our nation as a 
 nursery of plant and flower Hfe, it is known throughout the 
 world as the culture place of ideas and of invention. As a 
 city, Rochester stands in leadership with our nation and 
 our State, showing the way to its sister cities in its intel- 
 lectual, social, philanthropic and commercial life. 
 
 In view of the scene before our eyes it is interesting to 
 reflect on the marvelous growth of our State since the 
 founding of Rochester in the first year of the War of 1812. 
 Fellow citizens, the achievements of this century have been 
 at base the work of the plain people. It has been the in- 
 dustry, the wisdom, the generosity, allied with the saving 
 common sense of the plain people of this State that has 
 controlled its policy, raised it in influence and maintained 
 its power. From our plain people of one generation came 
 our leaders of the next, and from the blood of the humblest 
 within hearing of my voice may come the proudest and the 
 best among the leaders of our children. 
 
 To maintain and improve the opportunities for all is the 
 highest duty of all Americans, especially of those who to- 
 day celebrate and proclaim their pride and patriotism as 
 citizens of Rochester, New York^ U. S. A. 
 
 Address to a Committee Representing the State 
 Federation of Labor 
 
 Albany, September 18, 1912 
 
 Recently a committee comprising William J. Bowen, 
 Robert Nethercott, John Gill, James Fox and Charles 
 Dooley, representing the State Federation of Labor, called 
 at the Fxecutive Chamber to apprise Governor Dix of the 
 
5IO Public Papers of Governor Dix 
 
 adoption of its Forty-Xinth Annual Convention of certain 
 resolutions commendatory of the policy of his administra- 
 tion on matters relating to organized labor. 
 
 (Addressing this Committee the Governor said) : 
 
 Gentlemen 
 
 I take this occasion to illustrate to you how carefully I 
 am in regard to the employment of labor and the strong 
 desire I have that the artisan and all who labor should have 
 the widest possible opportunity to succeed in their trade or 
 occupation. In the State prison at Comstock, the Great 
 IMeadow prison, I endeavored to have the men who are con- 
 fined there employed in some way which would keep them 
 contented and at the same time would not interfere in any 
 way with any honest labor or trade outside ; that is, in some 
 way which would not deprive men outside the prison of the 
 opportunity to gain an honest living and work at a trade. 
 
 After much consideration we decided to establish a State 
 nursery there, growing trees for the State. We have at the 
 present time over sixteen hundred thousand acres of State 
 land, belonging to the public, which has been purchased at 
 various prices and acquired at various times for a period 
 of years past. The policy of the State was to acquire these 
 Adirondack and Catskill lands and hold them forever for 
 the public use and benefit. A portion of this land, amount- 
 ing to about 8 per cent, has been burned over through 
 carelessness, and a great deal of it has been unscientifically 
 lumbered; nevertheless it is good land and can be readily 
 reforested under proper supervision. 
 
 This State has been buying from Germany and France 
 all the trees those countries can raise in their nurseries and 
 
Addresses 5 1 1 
 
 spare us, outside of their own reforestation work and other 
 demands. We have not been growing here a sufficient 
 number of trees to supply home demands. ) 
 
 Personally I have been in the habit of planting each year 
 one hundred thousand trees. I planted last year a hundred 
 thousand, bought from Germany and France through the 
 department here. This year I took my quota with the rest 
 and instead of a hundred thousand I got twenty thousand,, 
 which shows we have not been doing the things we ought 
 to do to keep pace with what ought to be a constantly grow- 
 ing resource as years progress. 
 
 In establishing at Comstock a whole department of 
 forestry for the growing of trees, spruce, pine, hemlock and 
 hardwood trees for tie purposes, we have taken an import- 
 ant step in the direction of reforestation without in any way 
 invading or interfering with the occupations of honest labor 
 outside the prisons. When I was up there at Comstock 
 recently, there were 236 prisoners working in this State 
 nursery. Now there is a product which will eliminate all 
 hazard through the chances of shipment, which will pre- 
 vent forest tree disease, and give us fresher and better stock 
 right here at home than we can get through shipment from 
 abroad, and be a positive and increasing benefit to all our 
 people. No other State is engaged in work which will 
 accomplish all these purposes. These prisoners are now 
 employed by the State in this useful occupation under the 
 supervision of an expert from the Conservation Commis- 
 sion and we shall have two million trees to sell next year. 
 A hundred acres at Dannemora were reforested last spring 
 by convict labor, the trees being supplied by the Conserva- 
 tion Commission. All this illustrates the sympathy and in- 
 terest I have in the cause of organized labor. This work 
 does not interfere with anybody outside. 
 
51^ Public Papers of Governor Dix 
 
 One of the Committee : Somebody spoke at Pough- 
 keepsie yesterday on Conservation: Mr. Hoover I think it 
 was. He made a very able address. 
 
 The Governor : Yes, it was Mr. Hoover. 
 
 Now there is another matter, the Full Crew bill, which 
 seems to be misunderstood. As civilization advances, as it 
 has done for a great many centuries, we see it developing 
 in different countries, different systems. The last phase 
 of the development of civilization is right here in the 
 United States. Democracy is the government of the com- 
 mon people, the plain people, and when it grants special 
 privileges to a few it must to that extent destroy itself. 
 This is the fundamental principle of our Consititution. 
 
 The great feature of our Constitution, both State and 
 National, is that there are three departments, the Execu- 
 tive, Judicial and Legislative. There are certain powers 
 carefully granted to each one. No one of them must in- 
 vade the other. If it does, it destroys the vital principles 
 of our government. .\nd I say that this principle must 
 be worked out in this great republic of ours because there 
 is no other place in the world to do it so well. 
 
 In the veto of the bill which was called the free transfer 
 bill in New York city, I had in mind this vital feature of 
 our Constitution. The courts had at that time pending 
 before them that very question of transfers which had 
 been brought there by the people. Had I gone into the 
 court and snatched it out l)y signing that bill, and decided 
 the question before the court could do so, I w^ould have 
 invaded the Judicial branch of the government. Of 
 course, I do not know what the decision of the court will 
 be, but I had no right to invade the court and take away 
 from it its constitutional right to decide. 
 
Addresses 513 
 
 When we established here in this State the Pubhc Ser- 
 vice Commission, with the support and approval of a large 
 majority of the people of both political parties, we en- 
 dowed it with judicial powers ; so that in the last analysis 
 the Full Crew bill presented precisely the same question. 
 If I were to go into that court and invade its functions 
 and take away from it the pending question and decide 
 it by means of executive approval of a legislative bill, I 
 would destroy that court, and we might as well do away 
 with the Public Service Commission altogether. Any 
 considerable number of persons who were impatient and 
 anxious for an immediate decision on any question pend- 
 ing before the Public Service Commission might with 
 equal propriety ask the Legislature to pass a bill disposing 
 thereof and the Governor to make it a law by his execu- 
 tive approval. 
 
 Now it is recognized that this court, the Public Service 
 Commission, has a special well defined function and serves 
 as part of our scheme of government. There is no case 
 coming within its jurisdiction that cannot be taken up by 
 that court and promptly decided. No railroad, no matter 
 whether large or small, can evade its orders. It can com- 
 pel railroads to put on any number of men that in the 
 judgment of the Public Service Commission is necessary 
 to conduct the work of the railroad. It can compel rail- 
 roads to put on extra trains, to take ofif trains, to build 
 stations, to change rates, to do anything the Commission 
 deems necessary. The act creating the Public Service 
 Commission is probably the most drastic legislation that 
 has ever been enacted, but, nevertheless, it was demanded 
 by the people and strongly supported by a majority of 
 both political parties. It is a fixture. 
 
 33 
 
514 Public Papers of Governor Dix 
 
 Aside from this fundamental objection, the Full Crew- 
 bill was so loosely drawn that it would compel one man 
 to take care of eight railroad coaches on a passenger 
 train, and it made no distinction between freight trains 
 under varying conditions. Now the Public Service Com- 
 mission has jurisdiction over this very matter and you can 
 see what a hard and fast law might do. The Full Crew 
 bill which I vetoed worked a manifest injustice to the 
 men employed on passenger trains. 
 
 That was the reason that I vetoed the Full crew bill; 
 because I would not snatch that question from the court 
 and decide for the court a question which it was its own 
 functional duty to decide. And I am frank to say to you, 
 or to anybody else, that if that is what is expected they 
 will have to get a new Executive. 
 
 One of the Committee : We are very glad to have your 
 explanation. Governor; it certainly puts the matter in a 
 very clear way. 
 
 The Governor : Now, here is another matter. A man 
 came to me this morning and asked me to explain a state- 
 ment made in a newspaper that under Governor Hughes' 
 administration there was no direct tax, but that under 
 this present administration there is a direct tax. I told 
 him this was absolutely true. Last year we imposed a tax 
 of seven-tenths of a mill, which raised about seven million 
 dollars. This year we imposed a direct tax of one mill, 
 which will raise about ten million dollars. When Gover- 
 nor Hughes came into power there was a surplus in the 
 State Treasury of eighteen million dollars. They did not 
 have to impose a direct tax, because that great surplus 
 had been accumulated through excessive indirect taxa- 
 
Addresses 5 1 5 
 
 tion. But they not only used up all of that eighteen 
 million dollar surplus, but left the Democratic party, 
 when it came into power, a deficit of one and one-half 
 million dollars. There was nothing else we could do, 
 except to return to direct taxation. Governor Hughes 
 in his public messages, and various other Republican 
 leaders in public statements, had clearly foreshadowed the 
 necessity of returning to direct State taxation months 
 before I was elected Governor. The field of indirect tax- 
 ation had been practically exhausted, even if it were wise 
 for the State to go farther in that direction. 
 
 To accumulate that surplus of eighteen million dollars, 
 former State administrations, for example, had compelled 
 insurance companies to pay one per cent, on all premiums 
 received. Who' pays that one per cent. ? 
 
 One of the Committee : The policyholders. 
 
 The Governor: Yes, the man who has $500 or $1,000 
 of insurance to protect his family. The other States in 
 the Union then said if you do business in our State you 
 must pay us, too. Now the insurance companies are pay- 
 ing over a million dollars to other States. Several other 
 ■ States in this Union take money away from the policy- 
 holders in this State because those States come under that 
 insurance tax law. And then later on they said we must 
 have still more income, we will increase the tax on insur- 
 ance companies ; I was never for it. That comes out of 
 the plain people, and I would not stand for it. I did favor 
 the secured debt tax law which is now on our statute 
 books, and is one of our best constructive taxation feat- 
 ures. That is the way I am trying to do things, for the 
 benefit of the great mass of the people and not for the 
 special few. 
 
5i6 Public Papers of Governor Dix 
 
 One of the Committee: Well, my observations are 
 that labor has not questioned that. 
 
 The Governor: I am glad to explain these things to 
 you because I know what labor is. I employ a great deal 
 of it in various industries myself, but I have never had 
 any trouble with my employees. They have a good place 
 to work, the conditions and surroundings are satisfactory, 
 they get good wages and they are contented. When 
 those charges were preferred against me in the campaign 
 of 191 o, to the effect that my employees were not well 
 treated, the only trouble I ever had with my men was 
 when they made a written statement which I would not 
 stand for. I said that is too strong and you must modify 
 it. They said, we cannot. The only difference of opinion 
 I ever had with them was when I had to compel them to 
 modify that statement. I explain this as a matter of pass- 
 ing comment. 
 
 One of the Committee: Your approval of the Tene- 
 ment House Law of the last session was highly com- 
 mendable. Governor. If you had not signed that bill at 
 that time, Governor, you would have practically tied up 
 the building industry. It would have put not hundreds 
 but thousands of men out of employment. 
 
 The Governor: The Fifty-Four Hour Law, enacted 
 last winter, is probably more drastic in its requirements 
 than similar legislation in any other State. For example, 
 in Pennsylvania, sixty hours for women and children is 
 the law ; in Connecticut, fifty-eight ; in Maine, fifty-eight : 
 in New Hampshire, fifty-eight; in Rhode Island, fifty-six; 
 in New Jersey, fifty-five; in Ohio, fifty- four, and in Massa- 
 chusetts, fifty-four. This State has advanced legislation 
 
Addresses S i 7 
 
 not only in this but in many other important particulars. 
 We have adequate protection of life and limb and public 
 health, and those who are obliged to work long hours 
 in factories are carefully safeguarded. Practical factory 
 inspection such as we have in the State of New York 
 has been vainly demanded in some of the other States. 
 
 We put upon the statute books last winter a measure 
 which compels the seller to give full weights and meas- 
 ures in packages. You are not buying much wrapper 
 to-day when you pay for a pound of material. And there 
 is the Cold Storage Law of 191 1, which really compelled 
 these cold storage companies to go out of this State into 
 New Jersey, but they cannot take their products over 
 into New Jersey and store them there a long length of 
 time and then bring them back and sell them, as we now 
 stamp the product before it leaves our State. There is 
 no question but all this is for the protection of the great 
 mass of the public who are compelled to buy in small 
 quantities; for their protection in pocketbook as well as 
 in health. 
 
 One of the Committee : We have duly appreciated it, 
 and are glad to have the opportunity to be present 
 and assure you of our entire sympathy in the work you 
 are doing for the cause of labor. 
 
 Read at the Irrigation Congress held in Salt Lake City, 
 Utah, September 30, October 3, 1912 
 
 " 111 fares the land, to hastening ills a prey, 
 Where wealth accumulates and men decay." 
 
 The American people have been listening to a warning. 
 For a time most of them were heedless — some because 
 
5i8 Public Papers of Governor Dix 
 
 of blind selfishness, others because of supposed helpless- 
 ness, and still others because of uninformed indifiference. 
 To-day in every walk of life there are unmistakable evi- 
 dences that even blind self-interest has seen a new hght, 
 that the masses deluded into the belief of self-impotence 
 have felt the thrill of new powers, and that the victims 
 of ignorant passiveness have been stimulated by informed 
 aspirations. 
 
 The warning against the threatened, or already active, 
 decadence in the lives, liberties and enjoyments of the 
 people has been expressed in various forms and by a 
 multitude of different mediums, but by none so emphat- 
 ically and impressively as by the messages and messengers 
 of the conservation of natural resources. 
 
 The New York State Conservation Commission suc- 
 ceeded to all the powers and duties of the Forest, Fish 
 and Game Commission, the Forest Purchasing Board, 
 the Water Supply Commission, and the Commissioners 
 of Water Power on Black River. The statute has con- 
 solidated under one department all the interrelated duties 
 and problems of administration of the forests and streams 
 and their wild inhabitants. 
 
 The formerly detatched departments are now enabled 
 to work together as never before, with the result that a 
 powerful impetus has been given to the conservation of 
 our natural resources. The Commission is vested with 
 jurisdiction over investigation of water resources ; regula- 
 tion and use of water in the principal watersheds ; in- 
 spection and control of dams and reservoirs; prevention 
 of flood ; supply of potable water to municipalities ; dis- 
 posal of sewage ; drainage and irrigation ; tree culture ancf 
 reforestation ; care and custody of forests and parks ; and 
 the protection and propagation of fish and game. 
 
Addresses 519 
 
 The wise economic law known as " division of labor," 
 which recognizes specialization among co-ordinate 
 agencies operating for the accomplishment of a common 
 purpose, was observed in the organization of the Conser- 
 vation Department. It is comprised of three parts : Lands 
 and Forest Division; Fish and Game Division; Inland 
 Waters Division. Each division is in direct charge of a 
 commissioner ; but the three commissioners form the com- 
 mission which directs and controls all the operations of 
 the tri-partite department. 
 
 The New York State Conservation Commission in- 
 terprets conservation to mean : " To correct past indis- 
 cretion, perfect present utilization, and insure future ac- 
 cumulation in the State's renewable natural resources. 
 That program means the uplift of present and future 
 generations. 
 
 Many men and women of to-day go into rhapsodies, 
 not over conservation, but over their own ideas of 
 conservation. 
 
 " Reformers are like Esquimaux dogs, which must be 
 hitched to the sledge each by a separate thong; if put in 
 one common harness, they turn and eat each other up," 
 declares Thomas Wentworth Higginson. 
 
 The true conservationist is not a reformer. He is a re- 
 storer. The various activities, humanitarian either in de- 
 clared purpose or in latent characteristic, have accom- 
 plished much towards man's uplift, but the goal is much 
 farther of¥ than it should be to-day, and than it would be 
 had they not been working in separate harness. Too 
 often it appears that the uplift organizations and institu- 
 tions have not only been hitched to dififerent sledges, but 
 also have been pulling in divergent and frequently in 
 
520 Public Papers of Governor Dix 
 
 opposite directions. No wonder that it sometimes seems 
 that human progress has been discouragingly slow. 
 
 The great work of the press in this field lies along the 
 hne of conservation-education. The newspapers used to 
 pay more attention to literature concerned with human 
 culture, but editors now find that it is better to give more 
 space to articles pertaining to the cultivation of the soil. 
 And they do not stop here, for they have also learned 
 that there is such a thing not only as the cultivation of 
 the soil, but of the forests and the waters. Politics still 
 crowd the newspaper columns, but it cannot crowd out 
 information about conservation. Editors have discovered 
 that politics has not responded either readily or satis- 
 factorily to the cry of the people for relief from the high 
 cost of living, for the amelioration of insupportable in- 
 dustrial conditions, or for rescue from the fate of nations 
 whose people wasted instead of conserving their natural 
 resources. 
 
 The international arbitration and peace societies have 
 close relations with the conservationists. They are striv- 
 ing to stop the insufferable waste of war — a waste, in- 
 dustrial, economic, and social, and accursed in the sight 
 of God and man. They seek to put an end to the waste 
 of human life, the destruction of the materials of human 
 subsistence, and the diminution of human opportunity. 
 These societies correctly advise that seventy-two per cent 
 of the total revenue of the United States is expended in 
 preparing for war and paying for past wars. The conser- 
 vationist is interested when a world peace advocate in- 
 forms him that " the proposed White Mountain Forest 
 Reserve of 250,000 acres of burned over and unproductive 
 land could be purchased for the cost of one battleship, 
 
Addresses 521 
 
 and put into an investment of production instead of de- 
 struction." The world peace authority adds, " Interna- 
 tional law, as it is, is inadequate; it needs recasting." 
 Right again. The same is true with regard to the laws 
 affecting conservation in many States. Let us all work 
 together for the recasting of all laws affecting the uplift 
 cause. 
 
 An eminent federal sanitationist declared that typhoid 
 fever is either suicide or murder. Under the circum- 
 stances of Federal and State control of the sources of 
 water supply and municipal maintenance thereof, it would 
 seem to be governmental assassination. In the move- 
 ment to restore the purity of all public waters the con- 
 servationist is contributing his share. For the effectual 
 accomplishment of this there is required again a recast- 
 ing of statutes bearing on this vital matter. 
 
 The utilization of the resources of forests and waters 
 now being wasted will procure for the Workman shorter 
 hours and for the Capitalist more leisure for recreation in 
 the out-of-doors. 
 
 " This nation is dissatisfied with palliatives. It de- 
 mands cures. The future of the race depends upon pre- 
 venting the human waste created by unfair, inequitable, 
 and unchristian industrial and economic conditions." 
 That is the well balanced and timely view of an up-to-date 
 economist and philosopher, Judge Ben B. Lindsay. 
 
 The conservationists of New York are addressmg 
 themselves practically to two widely diverse conditions: 
 first, the present effect and evidence of past waste and 
 improvidence, and secondly, the wealth of natural re- 
 sources still remaining, which, though unwisely depleted, 
 are not yet beyond repair. 
 
522 Public Papers of Governor Dix 
 
 'New York leads her sister States in the work of re- 
 forestation and forest protection. It is estimated that 
 until recently five trees were cut down to every one 
 planted, but, at the present rate of increase in reforesting-, 
 we will be able to show, within three years, at least one 
 tree planted to every tree destroyed. The conservation 
 commission seeks legislative authorization to employ 
 State prisoners not only in raising trees, but also in 
 planting them on denuded State lands and along State 
 roads. The State has about 1,600,000 acres in the forest 
 preserves, and patrols and protects from fire this vast area 
 of the people's playground and health resort, and in 
 addition patrols about 5,000,000 acres of privately owned 
 forests lands in the State. Great advances have been 
 made in forest fire protection. Mountain observatories 
 now thickly dot the great forest regions, and last year, 
 in a year especially trying, owing to abnormal drought. 
 New York forest losses from fire were greatly reduced, 
 and this year have been practically eliminated. When we 
 realize that 30,000 acres in the United States are de- 
 stroyed by fire each day, we gasp at our improvidence. 
 
 A most practical and sane recommendation is that 
 urging a constitutional amendment which shall secure to 
 the State some benefit of the tree growth in the forest 
 preserves through scientific forestry, and turn into the 
 State treasury some interest on the large investment in 
 public lands. 
 
 Doubtless the most ^helpful and practical plans for relief 
 from high cost of living and the lightening of private and 
 public burdens are embodied in New York's conserva- 
 tion policy with relation to the utilization of the waters 
 of the State. On a basis of ten tons of coal for everv 
 
Addresses 523 
 
 steam horse-power developed, I estimate that by utilizing 
 its own water power the State of New York could save 
 to its people $60,000,000 annually. 
 
 The annual message of 1912 has followed up the pre- 
 liminary outline of last year's water conservation policy. 
 That policy, wisely and sensibly carried out, in connection 
 with our views on restoring the purity of all public waters, 
 will mean for the people of New York an adequate sup- 
 ply of potable water; the reduction to a minimum of the 
 annual loss by flood; and cheaper light, heat and power 
 for all. 
 
 In conclusion, I beg that the other restorers, the press 
 and pulpit, the boards of trade and peace societies, and 
 others to whom we have made appeal, give brotherly 
 heed to these further words of suggestion, as to those 
 phases of conservation which should be placed side by 
 side with this new public thrift in material resources. 
 
 There is extravagance and waste in human energy as 
 lamentable and destructive as the extravagance and waste 
 which has denuded our forests, exhausted our soil, dimin- 
 ished our hydraulic energy, and inflicted incalculable loss 
 upon the nation. The prosperity of the State depends 
 upon the rational conservation of the energies of its 
 citizens as much as upon the conservation of its natural 
 resources. In the national sense, conservation has a far 
 larger meaning than the stoppage of waste and extrava- 
 gance in the utilizing of undeveloped resources. It means 
 intelligent, orderly, and efficient use of all the faculties 
 of man as applied to the solution of national problems, 
 and the promotion of social progress and general 
 happiness. 
 
524 Public Papers of Governor Dix 
 
 At the Dedication of the Soldiers' and Sailors' Monu=> 
 ment, Washington Park, Albany, Saturday, October 
 5, 1912 
 
 Mr. Mayor, Fellozi'-Auicricans, Ladies and Gentlemen 
 
 Conceived in the gratitude of Albany, grounded in the 
 generosity of Albany, and embodied by American genius, 
 this ennobling monument arises upon our people's .pic- 
 turesque parkland to commemorate through the ages the 
 sacrifices and the services of the citizens of Albany who 
 in the hour of the nation's mortal peril dared all in the cause 
 of a nobler liberty and a truer civilization. 
 
 Our debt to the men who on soil and sea solved in strife 
 and sorrow the awful problems of their time can never be 
 repaid. . It is a debt that will grow with every year of 
 progress in our country and ever increase in value and 
 beneficence. 
 
 To each generation is committed its own peculiar task. 
 I conceive it to be the great inherited duty of our age to 
 cultivate our heritage of a solidified nation in promoting 
 solidarity in its citizenship — to secure in this union of 
 states a closer union of hearts and minds — to enable our 
 different peoples better to comprehend and appreciate one 
 another. 
 
 Science, invention and commerce have knit and webbed 
 our nation with muscles and arteries for the transmission 
 of the truth. Our newspapers have us all in a sort of 
 twice-a-day mass meeting, morning and evening. 
 
 All is mechanically and geographically ready for the 
 making of our unmatched nation into a force for perfected 
 patriotism. Morally, we must lift ourselves to the level 
 of the opportunity that Fate is every day leaving at our 
 doors. This is the crux of our problem. 
 
Addresses 525 
 
 We must cleanse ourselves in unselfishness and vitalize 
 our lives in fraternal kindness to the end that sympathy 
 may be the portion of the less fortunate and justice the 
 portion of all. 
 
 It is a noble problem and where could it have more noble 
 consideration than in a gathering like this, consecrated to 
 the memory of heroes whose souls were borne to the altar 
 of their God upon the bloody and battered shields of their 
 country's salvation. 
 
 Invoking the memory and the example of our Albany 
 soldiers, of General Phil Sheridan, her native son, of Elmer 
 Ellsworth, that scion of Saratoga county favored of the 
 gods in manner of life and glory of death, and of the thou- 
 sands of heroes, here with us to-day, or only a memory. I 
 would read you an extract from the message of Governor 
 Fenton written to the soldiers of our State on June the 7th, 
 1865, at the close of the war of the Sixties. In this his- 
 toric message Governor Fenton here in Albany wrote : 
 
 " Soldiers of New York : your constancy, your 
 patriotism, your faithful services and your valor have 
 culminated in the maintenance of the Government, che 
 vindication of the Constitution and the laws and the 
 perpetuity of the Union. You have elevated the dig- 
 nity, brightened the renown, and enriched the history 
 of your State. You have furnished to the world a 
 grand illustration of our American manhood, of our 
 devotion to liberty, and of the permanence and nobility 
 of our institutions. Soldiers! your State thanks you, 
 and gives you the pledge of her lasting gratitude. 
 She looks with pride upon your glorious achievements 
 and consecrates to all time your unfaltering heroism. 
 
526 Public Papers of Governor Dix 
 
 * * * The fame and glory you have won for the 
 State and the Nation, shall be transmitted to our chil- 
 di^en as a most precious legacy, lovingly to be cherished 
 and reverently to be preserved." 
 
 This dedication to-day carries out for Albany in one 
 other worthy way the promise made in that memorable and 
 joyous June of 1865 by New York's Governor to her sol- 
 diers, that their fame should be lovingly cherished and 
 reverently preserved. 
 
 Let us learn from them to bear hardship and privation, 
 to withstand disappointment, calumny, disaster, everything' 
 for our causes and our principles. The glory of earlier 
 days is of course a treasure, but to enjoy it without en- 
 hancement or transmission to future generations is wanton 
 embezzlement. 
 
 In our task the variety of our opinions and the vigor 
 with which we sustain our beliefs, all help toward a satis- 
 factory solution, provided we concede to others the rights 
 we expect for ourselves and provided the avenues of com- 
 munication and the means of association among us are kept 
 reasonably clean and fairly free from misrepresentation and 
 malignity. 
 
 The first important monument ever erected in this coun- 
 try in memory of American soldiers was at Bunker Hill, 
 and on its completion, the first orator of his time, Daniel 
 Webster, used in peroration phrases strangely fitting and 
 inspiring — though uttered sixty-nine years ago — to this 
 memorable event celebrated here to-day in our city of 
 Albany. 
 
 " Let us feel our personal responsibility, to the full ex- 
 tent of our power and influence for the preservation of our 
 
Addresses 527 
 
 institutions of civil and religious liberty. And let us re- 
 member that it is only religion and morals and. knowledge 
 that can make men respectable and happy under any form 
 of government. Let us hold fast the great truth that com- 
 munities are responsible as well as individuals ; that no gov- 
 ernment is respectable which is not just; that without 
 unspotted purity of public faith, without sacred public prin- 
 ciples, fidelity and honor — no mere forms of government, 
 no machinery of laws, can give dignity to political society. 
 In our day and generation let us seek to raise and improve 
 the moral sentiment, so that we may look not for a de- 
 graded, but for an elevated and improved future. And 
 when we, and our children, shall all have been consigned to 
 the house appointed for all living, may love of country and 
 pride of country glow with equal fervor among those to 
 whom our names and our blood shall have descended. And 
 then, when honored and decrepit age shall lean against the 
 base of this monument, and troops of ingenuous youth shall 
 be gathered round it, and when one shall speak to the other 
 of the great and glorious events with which it is con- 
 nected — there shall rise, from every youthful breast, the 
 ejaculation — ' Thank God, I also am an American.' " 
 
 At the Dedication of the State Education Building, 
 Albany, N. Y., October 17, 1912 
 
 Officials and Guests of the State of New York, Ladies and 
 Gentlemen 
 To-day our Empire State consecrates its faith in its 
 world-drawn citizenship. This magnificent temple dedi- 
 cated to education is a visible sign of an idea, a covenant 
 
528 Public Papers of Governor Dix 
 
 of American optimism. From this empillared edifice New 
 York hoists her inspiring standard of leadership to all her 
 sister States in the great movement for peace, justice and 
 unity among men through education — that good education 
 which, as Plato says, " give to the body and to the soul 
 all the perfection of which they are capable." 
 
 This Education Building embodies the imagination of 
 New York, glo^rifies her generosity, and radiates her uncon- 
 querable confidence in the progressive perfectibility of man- 
 kind through the agencies of instruction and emulation. 
 
 The American problems of the future are assimilation 
 and upliftment through the diffusion of knowledge and the 
 inculcation of self-restraint and fraternity. New York's 
 wilhngness to. meet these problems and her faith in her 
 ability to lead in their beneficent solution challenge the ad- 
 miration of the world at this moment," as she throws open 
 the doors of this great building, the first in America de- 
 voted wholly from cornerstone to cornice to the purposes 
 of education. 
 
 Here the little red school-house of two generations ago 
 reaches its apotheosis. The little school-house inspired self- 
 trust and love of country, while teaching the three " R's '" 
 to a simple people of homogeneous origin and heredity. It 
 met heroically the needs of its day. Severely typical as was 
 the little school of its new-born day of public education and 
 of its pioneer patrons, so is this great Education Building 
 eloquently expressive in its grandeur and its usefulness of 
 the complexities of our cosmopolitan population, and the 
 all-embracing variety and the triumphant potentiality to 
 which public education has attained in America under tlie 
 guidance of devoted scholarship. 
 
 The little school-house was the acorn of endeavor; this 
 the great oak tree of achievement that to-day comprehends 
 
Addresses 529 
 
 within its shelter every phase and factor of education frcim 
 the alpha to the omega of present day scholarship and 
 research. 
 
 I take happiness from the reflection that it has been the 
 unique distinction of my administration to witness and par- 
 ticipate in two events that stand together, apart from and 
 above all others, as twin glories marking the intellectual 
 and the moral progress of our great State. In May, 191 1, 
 at the- beginning of my term as Governor of New York, 
 was the dedication of the great Public Library in New York 
 city, that matchless mecca of the inquirer, the student, the 
 dreamer and the historian. Now conies this complementary 
 event, grander in its significance and its encouragement 
 even than the other. 
 
 New York City's Library is as a terraced fountain ever 
 beautiful with the play of the waters of knowledge for the 
 refreshment of all who seek its inspiration. It is a monu- 
 mental appeal for upliftment. This State Education 
 Building is a monumental command to upliftment. 
 
 The Education Building teaches opportunity as does the 
 New York Public Library. It also impresses duty. The 
 city edifice spells out to all, the words, " You may learn." 
 This State building orders " You shall learn." It is a bul- 
 wark of our nation's stability; a motor of our State's 
 progress. 
 
 With our splendid system of public education, New York 
 has no fear that our country will hesitate for a moment 
 in its unexampled progress; and has no doubt that from 
 the crucible of our national life, into which have come types 
 of all civilizations, will emerge in God's own time a higher 
 civilization than can now be conceived in human mind. 
 
 Regents of the University of the State of New York, in 
 behalf of and in the interest of the ten million citizens of 
 34 
 
530 Public Papers of Governor Dix 
 
 our State, I now formally entrust to you the care and the 
 operation of this Education Building, with its manifold 
 powers of beneficence. 
 
 At the Conference at Lake Mohonk, October 23, 1912 
 
 Mr. Smiley, Mr. Chairman, Members of the Mohonk Con- 
 ference, Ladies and Gentlemen 
 
 I am deeply sensitive to the honor of addressing this 
 distinguished gathering ; and here in your presence I wish 
 to pay a tribute of respect, admiration and commendation 
 to the man who is the central figure of and the incentive 
 to these congresses. His life is a sermon on this mount: 
 Mr. Smiley! • 
 
 We are here for the discussion of methods of aiding 
 dependent peoples. 
 
 Our Federal government through its immigration laws 
 has become the custodian of peoples from many coun- 
 tries and lands where the masses of the population do 
 not receive the benefits of education and enlightenment 
 that iwe have enjoyed. We are bound, for the welfare of 
 our country as well as by the responsibilities of our own 
 superior privileges, to aid these people now among us. 
 
 This fabric that we call civilization began centuries 
 ago in the Orient; its encircling progress through the 
 West has rested here in this country, the only one where 
 the great problems of civilization can be solved under 
 constitutional forms of liberty as we have them. 
 
 Into this fabric have been woven, by the human work- 
 ers of the ages, by the countless fingers of myriad people, 
 the black threads of despotism and persecution, the red 
 ones of martyrdom, the white ones of charity, and the 
 purple threads of loyalty. 
 
Addresses 531 
 
 In that pathway of traversed time and nations are the 
 wrecks of empires, the ruins of dynasties, and here, as 
 I have said, must be carried out our form of government 
 as an illustration to the world of achievement along the 
 lines of Christian development. 
 
 Only five generations ago a dependent people here be- 
 came independent, and we established in this land our 
 form of government. 
 
 I would point out that we are now responsible for two 
 classes of dependent peoples : the fortunate dependents 
 and the unfortunate dependents. The fortunate depend- 
 ent people are receiving the education of our great school 
 system. In the public schools of our Empire State alone 
 there are to-day eighteen hundred thousand school chil- 
 dren. They are receiving an instruction that costs the 
 people of this State eighty millions of dollars; they are 
 instructed in institutions costing three hundred and fifty 
 millions of dollars. And I would that there were with us 
 this evening that energetic, able and efficient State Com- 
 missioner of Education (Dr. Draper), who has so often 
 taken part in these conferences, and whose advice and 
 counsel have added much to the enjoyment and enlight- 
 enment of those who attended. His masterful jurisdiction 
 and progressive guidance embrace the interests of all our 
 fortunate dependents, mind you, eighteen hundred thou- 
 sand school children. 
 
 Of unfortunate dependents, those in public institutions, 
 it is most impressive to realize that we have in this State 
 a number almost equal to all the school children of this 
 State. One million seven hundred and ninety-nine thou- 
 sand people are receiving aid, relief and support in or 
 through our institutions and the private charities. We 
 
53-2 Public Papers of Governor Dix 
 
 have fourteen institutions in our State for the care of the 
 insane, not including two for the criminal insane. There 
 are forty thousand inmates in these last mentioned insti- 
 tutions, and we are now receiving in this State at the 
 rate of twelve hundred per year, one hundred per month, 
 of insane into these institutions, which are already over- 
 crowded. 
 
 I cannot deliver to you a lecture on psychiatry. I am 
 not a psychiatrist, but as the Chief Executive of the 
 State I have had occasion to visit these various institu- 
 tions that I might know of their physical condition, of 
 the work they are performing, in order that the appro- 
 priations for them might be justified and determined 
 intelHgently. 
 
 Perhaps our best institution of that kind for the care 
 of the insane is at Ogdensburg, which represents an 
 investment of four and a half millions of dollars, and is 
 intended to care for sixteen hundred patients; there are 
 now seventeen hundred and fifty patients there. At 
 Kings Park there are thirty-eight hundred; at the Man- 
 hattan State Hospital, forty-eight hundred — both insti- 
 tutions overcrowded. 
 
 Recently when at Binghamton I asked to have shown 
 to me those who had recently arrived; I was shown one 
 hundred and twenty-five people, all oif foreign birth, not 
 citizens of this country, who had been sent there from 
 New York. I am telling you these facts so that, through 
 you and other devoted men and women, thought and co- 
 operation may be directed both to prevention and to 
 after-treatment in this menacing matter. 
 
 Upon the discharge of these patients from the hospitals, 
 they return to the communities from which they came; 
 
Addresses 533 
 
 they become citizens. They are part of the community; 
 and it needs the co-operation and the intelligent work 
 and the help of courageous men and women to lift them 
 out of their surroundings and make them good citizens. 
 
 These institutions contain forty-seven per cent, of for- 
 eign birth, the majority of whom are aliens. The large 
 proportion of that forty-seven per cent, are there from 
 the excessive use of alcohol. 
 
 And this is the tragedy. Among all its sources of in- 
 come this State receives its greatest amount from the 
 Excise Department — twenty millions of dollars ; one- 
 half of which becomes applicable to the State treasury, 
 the other half is divided among the counties. 
 
 Yet from the loins of this great excise income, -springs 
 that Gorgon — ■ the abuse of alcohol — whose shadow 
 darkens the minds of the greatest number of inmates in 
 our institutions for the care of the insane. Aside from 
 those who are sent there from various other causes, from 
 twenty-three to twenty-five per cent, are liberated cured, 
 but the average length of time is ten years. 
 
 Another great cause of unfortunate dependency is that 
 the Federal government has been careless in its control 
 of our great port of New York, In this country we have 
 opened wide the portals of entry. Among the ports 
 along our eastern coast, New York is the great admission 
 place, and in time the unfortunates are naturally sent to 
 the institutions in the other parts of the State. 
 
 The work of prevention and redemption rests with 
 you, with the intelligent people of this State. Our gov- 
 ernment must have immigration laws and methods fair 
 to other countries, yet preventing their sending here 
 those who are deficient mentally and expecting this coun- 
 try to assimilate, to care for and provide homes for them. 
 
534 Public Papers of Governor Dix 
 
 The regulation of this matter is a governmental func- 
 tion, operating for public good and responsive to public 
 sentiment. 
 
 Recently there has been an investigation made of why 
 we receive so many of these unfortunates in this State, 
 and I am pleased to say that the information and the 
 knowledge gained are bearing fruit. The causes are be- 
 ing eliminated; the ports of the Old World are, or will 
 be, safeguarded against allowing those people to take 
 passage to this country. They almost immediately be- 
 come a charge upon the charity of this State because of 
 their lack of means and their inability to perform labor. 
 
 There are in this State seventeen hundred thousand 
 unfortnnate people that are cared for by the charity of the 
 other people of the State, at an expense of thirty-eight 
 millions of dollars, practically the entire income from all 
 the indirect sources of the State's revenue.. They are 
 housed in institutions costing one hundred and eighty- 
 five millions of dollars, all of which have been built out 
 of the charity of our people. 
 
 Finally and principally, I wish to bring to your minds 
 and your hearts as public spirited citizens that redeeming 
 work which can be done when these patients are released 
 from our institutions. That work calls to you who have 
 enjoyed the benefits of education and enlightenment, ap- 
 pealing to you to bear your share of service unto those 
 who have been less fortunate. 
 
 That is the message I bring to you, because you are 
 bearers of light and leading in this great Commonwealth, 
 and partners in the general movement for the uplift of 
 human life and endeavor. That partnership means your 
 devotion to the unfortunate. 
 
Addresses 535 
 
 At the Society of Colonial Wars, New York City, 
 November 19, 1912 
 
 Almost directly across the river from my home at Thom- 
 son stands a stately and noble pine, storm swept by the 
 winds of centuries, yet in its glory and its solitude on an 
 eminence on the west bank of the Hudson it challenges the 
 admiration of mankind. 
 
 It has stood through the seasons, shedding in summer 
 its generous shade and its cleansing perfume, facing in in- 
 spired silence the torments of winter, bending gracefully 
 when the hazard is too hard, resuming immediately its dig- 
 nity without loss in uprightness or utility. 
 
 It bears for me and for you the record of American 
 civilization and the message of a sage, and to-night I would 
 convey that message to you as I have so often heard it in 
 the soughing of the gentle breezes through its branches. 
 
 In solemn monotone it murmurs : 
 
 " I am the last of my family. Originally there were 
 four of us, and we were little saplings when your Colum- 
 bus discovered, as you say, our country. I am the last 
 witness hereabouts to every event in the world's progress 
 since that fateful hour. We were a thriving family in a 
 thickly settled community of our kind when the news 
 wafted to us of Hendrick Hudson sailing up the river on 
 whose banks we flourished. 
 
 " It was the forerunner of our fate, as it may be known 
 to you. Civilization must be served. The red man in his 
 crudeness and his cruelty was our friend. The white man 
 in his knowledge and ambition was our enemy. The axe 
 came to supersede the milder tomahawk. We bore no fruit 
 for man's appetite, we knew how to wrestle with ambitious 
 
536 Public Papers of Governor Dix 
 
 winds, and as to mere man's age our life as of eternity's 
 length — • but we could serve in the march of patriotism and 
 progress. 
 
 " So the lives of my brothers went as did yours, for the 
 development and protection of the State. One of my 
 brothers, I recall, bore our country's flag on a stately ship 
 of war and fell, riddled with shot and shell, in glorious 
 victory off the coast of what you now call Maine. Some 
 of my kind sailed the seas of commerce for generations; 
 others served to cradle your children, to serve for your 
 homes and in the end to go into the mould of the grave 
 with you. 
 
 " Thus can a tree, like a man, serve in death as in life, 
 and I believe, as so many of your kind beheve, that the 
 end of life is only the beginning of usefulness. It is a 
 solace in my loneliness and weariness that I am of a race 
 that has both the fibre and the plenitude for generous and 
 general service. 
 
 " In the olden days, we were many and you were few. 
 Through our losses you grew and prospered. We never 
 failed in the friendly protection of our shade and our 
 healthfulness for you and yours. Our dews in summer 
 nourished your fields, our towering bodies sheltered your 
 houses from the blasts of winter. Our sap gave you health 
 and our broken bodies gave your firesides warmth. 
 
 " And now we are few and you are many. In the world 
 rarity has a value of its own. Your wisdom has height- 
 ened your appreciation of our service as the devestating 
 hand of private avarice encroached upon the domain of 
 public weal — and your and yours will work to nourish and 
 protect the children of my kind, as my brethren did for 
 yours from the beginning. 
 
Addresses 537 
 
 " Your motive is selfish — but what is wisdom but en- 
 lightened selfishness in tolerant action. So I have seen in 
 my life the pendulum in my own case swing from the axe 
 in the hands of the wood-chopper to the seedlings in the 
 hands of the planter. As you say time has its revenges, I 
 say time has it remedies. It is the handmaid of Justice. 
 
 " How well I know this ! Realize what I have wit- 
 nessed — I, the contemporary of your Columbus. For over 
 four hundred years your people have been struggling up- 
 ward from ignorance and intolerance. You carved your 
 way with the sword in one hand and the axe in the other. 
 Frightful wrongs were committed, but glorious deeds hold 
 more to my memory. 
 
 " I was aging even as your Sir William Johnson settled 
 in these parts — the pioneer of an English-speaking civil- 
 ization here. I witnessed the murder of your women and 
 children in the conflict of white man for the conquest of a 
 continent. 
 
 " It was at my feet more than six generations ago that 
 many a weary warrior watched and waited during the night 
 vigil. I was the sentineloon the trail over which many an 
 Indian chief passed to and fro in his journeyings to the 
 Mohawks. My extended arms held the faithful picket who 
 observed the English camp across the river. I was a friend 
 of General Gates, whom I saw receive the sword of General 
 Burgoyne after that fateful march of the magnificent Brit- 
 ish army to Bemus Heights and its return to my domicile 
 on the plains of Saratoga. Thus I have been a witness of 
 one of the greatest conflicts in human history momentous 
 in creating for this country liberty and freedom. It was 
 only yesterday that I witnessed the dedication of the Sara- 
 toga Monument as a tribute to the memory and valor of 
 glorious deeds enacted on that battlefield. 
 
538 Public Papers of Governor Dix 
 
 " I saw your liberties solidified and. improved by the Civil 
 War of your memory ■ — and now growing gradually to- 
 wards perfection in the bloodless struggles of your rostrum 
 and your ballot box. Your popular histories are largely 
 writ of such matters. 
 
 " Yet after all they are but the struggles of Man with 
 Man. Better for enduring record and memory in my view 
 are the struggles of Man with Nature. In my youth you 
 were almost as naked as I. My suits of green were as many 
 as your suits of homespun. My uses of the earth and the 
 winds, the water and the skies, were about as many as 
 yours. I took my food from the ground, took water from 
 the rains and sunshine from the skies. You did little more. 
 To-day your men of science take almost as much of value 
 from the bosom of the earth as from its surface; you 
 illumine your homes with the essence of the lightning; you 
 blaze pathways of intelligence through the ether of the 
 skies. You have Nature beneath and about you conquered 
 and are reaching heavenward for her more remote and dif- 
 ficult secrets. 
 
 " So I view your progress through the struggles of Man 
 with Man, and of Man with Nature. 
 
 " And I also see another struggle ever going on and 
 carrying you forward. That is the struggle of Man with 
 Himself. You hear little of this outside of your churches, 
 perhaps, but to me it is the most salutary, the sublimest, 
 struggle of all. To this struggle your churches, your 
 schools, your workshops and your associations, all con- 
 tribute strength in their own way and measure. Never was 
 rnan so much master of himself as now. 
 
 " This is the superlative sort of struggle. Enduring 
 civilization depends upon it. Self-control is the ultimate in 
 
Addresses 539 
 
 education. Using my experience of centuries as a guiding 
 light, I foresee a more rapid progress in the future toward 
 a nation of individuals with power over self — a nation 
 where your Golden Rule is not only a shibboleth but a scep- 
 tre. I wish my birthplace and home for four centuries to 
 hold vanguard place in that progress." 
 
 So sipeaks to me the tree on the west bank of the Hudson 
 in its murmurings. 
 
 At a City Plan Luncheon at the Ten Eyck Hotel, Albany, 
 November 27, 1912 
 
 " Albany," said the Governor, " has been an important 
 port of entry for many years, and the city should be 
 complimented on the construction of piers. The city is 
 making it possible for ships to enter the city. When the 
 channel of the Hudson is deepened Albany will be receiv- 
 ing freight that passes through the Panama canal and it 
 will be a receiving point for freight passing through the 
 Barge canal. Water transportation exceeds in import- 
 ance any other method. Albany is fortunate in its water 
 transportation. It is one of the gateways of the State 
 and of the far West and middle West. 
 
 " Much is being done by way of improvement in your 
 city. You can make the surroundings of the city attract 
 people. All that is needed are cheap power and cheap 
 transportation. Much attention has been given to Al- 
 bany as a port of entry, but the back-yards of the city are 
 becoming important. I refer to the West Albany en- 
 trance to your beautiful city. The western section of 
 your city should not be a dumping ground." 
 
540 Public Papers of Governor Dix 
 
 The City's Needs 
 
 The Governor referred to the expensive water system 
 of Los Angeles and the costly sewage disposal system of 
 Baltimore. " Albany," the Governor said, " should be 
 the first city in this State. It should have the finest 
 system of potable water and a sewage disposal system 
 that would be a pattern for the whole State. If these 
 projects were carried out Albany would be a model city. 
 The health of Albany has been questioned, but you have 
 it in your power to make it the healthiest city. 
 
 " West Albany has fine possibilities. You should take 
 all the land west to Schenectady, plant it with pine and 
 spruce and have a fine park. A nursery could be estab- 
 lished and ei-nployment in planting would be given to a 
 great number. As a business proposition future genera- 
 tions would have nothing but words of commend£^tion 
 for such action. To my mind no greater benefit could 
 accrue than to plant the waste land around your city. 
 Albany should do in this particular what the State itself 
 is dping." 
 
 At the Governors' Conference, Richmond, Va., 
 December 3, 1912 
 
 The two great factors in the success of any nation are 
 its people and its natural resources. The people must 
 be right, and the resources must be developed and con- 
 served. Progress is change, and without progress there 
 can be no stability. There have been in the past one 
 hundred years greater changes in the manner of living 
 and in the organization of society than in the previous 
 one thousand years, and while reform is needed in many 
 
Addresses 541 
 
 directions, it remains an absolute truth that this Nation 
 of ours is sound in every fibre. Our couhtry is still the 
 land of opportunity. In our country there is no honest 
 and efficient worker who is not inspired by a vision of 
 hope and ambition. It still holds for the poor man a 
 horizon not bounded by the vista of inevitable dependence 
 on charity. Labor and opportuity go hand in hand., and 
 the injunction delivered by the Psalmist that " man goeth 
 forth unto his work and to his labor until the evening " 
 is as important to-day as any time in the world's history. 
 
 Labor is either voluntarily or involuntarily performed. 
 It must have an ultimate object directed to some definite 
 purpose. The whole system of treating the potential 
 force of the combined human units must be scientific and 
 must comprehend the facts of nature and history. Simple 
 mechanics teach us that the same force may be either use- 
 ful or destructive according to the manner of employ- 
 ment. 
 
 Labor essentially is divided into three functions: 
 First, that of transmutation, which may be illustrated by 
 man's effort aided by the secrets of nature, as a seed 
 being placed in the ground and cared for by man's labor, 
 the product brought forth by the combined effort of 
 man's labor co-operating with the forces of nature. Sec- 
 ondly, that of transformation, which is the utilization of 
 a product and creating from that product a form suitable 
 for man's use. Thirdly, that of transportation, which is 
 the moving of this product from the place where it is 
 brought forth and delivering it at the place where it is 
 wanted. 
 
 What is obtained by labor will, of right, be the prop- 
 erty of him by whose labor it is gained. If labor quarrels 
 
542 Public Papers of Governor Dix 
 
 with capital, or capital neglects the interests of labor, it 
 is like the hand thinking it does not need the eye, the 
 ear nor the brain. 
 
 This momentous power or force of the human unit is 
 similar to the power of a river. 
 
 Dangerous and destructive, yet when guarded by well- 
 known scientific principles, that same potential force may 
 serve the use and benefit of mankind. In the stream 
 there is a constant struggle of each atom to attain some 
 new place of advantage. If the collective force of all the 
 atoms of a stream by known scientific principles is guided 
 into channels of usefulness, it will light the pathway of a 
 higher civilization. 
 
 It is the same in this torrent of human lives — the 
 craving for places of advantage and aggrandizement. It 
 would be unscientific for the engineer to attempt to re- 
 move the destructive forces of a river by stopping the 
 course of the river ; nor can any human agency solve the 
 problem of contented labor until the power and force of 
 labor are guided into channels of better conditions and 
 higher enlightenment. When full sway is given to oppor- 
 tunity, the horizon of the artisan is enlarged and the hope 
 of participation in the success of industry will animate 
 faithful co-operation in creating the success of that 
 industry. 
 
 The injunction that " man goeth forth unto his work 
 and to his labor until the evening " implies a sacred con- 
 tract to be performed, and that all of its conditions should 
 be faithfully carried out by both parties to the undertak- 
 ing, that the achievement attained may be honest, full 
 and complete. " Until the evening " to my mind implies 
 a broader meaning than the hours of labor, as there* is 
 
Addresses 543 
 
 an evening in every life when the clouds are dark, and 
 the heart-throbs become less; yet the fuel to supply the 
 force, the nutriment, for those pulsations is just as im- 
 portant as the force to perpetuate the great industrial 
 mechanism of civilization. We must try to utilize and 
 not eradicate the forces of human nature. Selfishness 
 should be kept within bounds, and just as the governed 
 water turns the wheel of industry, let us study to make 
 selfishness promote civilization, and remember that sel- 
 fishness unchained is like a river out of its channel, and 
 that has overrun its banks. As civilization grows older, 
 it is pleasant to believe that the banks of the river of life 
 become more adequate for keeping the torrent of the 
 passions and the tumult of the ambitions of man within 
 bounds, where they may serve for the progress of all, 
 I see in these meetings of sovereign executives which we 
 enjoy to-day, and which at an earlier time within our 
 memory would be either impossible or impracticable, a 
 proof and an augury of our National progress and per- 
 manence. Each State in its representative stands here 
 losing not a scintilla of its sovereignty, yet bending to 
 listen to ideas and arising to reach for co-operation in 
 order that each in its own way through intrinsic strength 
 may promote the general welfare of our common country. 
 The paramovmt problem of civilization I conceive to 
 be the abohtion of unmerited poverty. It is at once the 
 most reasonable and the most difficult problem of human 
 society. The appeal for the elimination of poverty 
 induces responsive ajjproval in every sane mind; yet at 
 the moment of approval the average mind has through 
 all the ages faltered and failed before the troubles evoked 
 in giving practical embodiment to the ethical concept of 
 a society grounded in financial justice. 
 
544 Public Papers of Governor Dix 
 
 Poverty holds her accursed court at both poles of soci- 
 ety. At one pole she is the mother of other evils and at 
 the opposite pole she is the child of other evils. To 
 loosen ■ her choking clutch upon the aspirations of the 
 world is the universal desire, yet to unbend even one 
 of her sinewy fingers arouses antagonisms throughout 
 society, extending not only from the outer rim towards us, 
 but into our own secret hearts, where selfishness grapples 
 with sacrifice and where petty, mean, tefnporary ambi- 
 tions blind us to fraternal ideals and eternal truth. 
 
 If the abolition of poverty could be accomplished by 
 one word or by one deed there is no living man so mean 
 that he would not utter that word or attempt that deed, 
 yet how hard it is even among the most intelligent of 
 us — provided dififerent interests and separate strata of 
 society are represented — to get concerted action for 
 taking one step — even a hobbled step — in the direction 
 of the common goal. Human progress in its upward 
 movement has always had to wait upon the coming of a 
 higher vision, upon the slow but certain education that 
 reconciles discordant opinions by showing that they are 
 but dififerent extremes of the same principle. Individu- 
 ally each of us can find in his own personal experience 
 examples of this mode of progress. As the individual 
 moves, so moves society eventually. Through realization 
 of the limitations of humanity, through appreciation of 
 the infinite gran-deur of the universe, and through the 
 ever-present evidence of interdependence among all the 
 forces and factors involved in motion and progress, moral 
 and spiritual, as well as material, man gradually shall 
 learn that all differences here, social, religious and political, 
 are but phases of those two abiding and abounding prin- 
 
Aduresses 545 
 
 ciples of life — man's dependence on and responsibility to 
 a Higher Power, and man's equality and fraternity with 
 his fellow-man. 
 
 It is this even-growing consciousness of human depend- 
 ence and human fraternity that upholds our hope for a 
 solution eventually of all the problems that vex the con- 
 science of the body politic. As I have said, the abolition 
 of unmerited poverty is the paramount problem. Not- 
 withstanding sporadic outbreaks and organized social 
 convulsions it is yet a fact that capital and labor to-day 
 approach to a better understanding each of the other 
 than ever before. Evidences of this salutary growth 
 speak to all thinking men in the record of daily events, 
 and the absolute proof of it is being written 
 into the statutes of many of our States in the 
 W^orkmen's Compensation Laws. We have not been 
 leaders in this great movement, for it must be said in 
 fairness that England has led us in the enactment of 
 great measures for the amelioration of the condition of 
 the poor, and in the promotion of beneficent co-oper- 
 ation between employers and employees. The Old Age 
 Pension and the National Insurance Acts achieved by the 
 present British ministry cast glorious illumination on the 
 pathway of progress that We would travel. And here in 
 our own country wonderful progress has been made. 
 Laws for the protection of workingmen, their families 
 and dependents which a decade ago would not even be 
 discussed by manufacturers and capitalists are now writ- 
 ten into the legislation of a dozen or more of our States, 
 and, what is more, are being complied with in a spirit of 
 enthusiasm at least as hearty on the part of the employer 
 as the employee. 
 
 35 
 
546 Public Papers of Governor Dix 
 
 These measures differ in detail and in scope from what 
 is called the Massachusetts idea, that is, the provisions 
 of the Compensation Law of the State of Massachusetts, 
 to what is known as the Washington idea, or the com- 
 pensation plan of the State of Washington, but all of 
 them do offer a form of protection to the workingman 
 and all of them work or step towards that ultimate ideal: 
 the abolition of unmerited poverty. 
 
 I will not discuss now the differences, technical and 
 legal, in these various State laws, because I beheve the 
 purpose of the formal papers read here is initiative and not 
 determinative — that the idea is to promote discussion 
 and the interchange of opinions and experiences rather 
 than to attempt conclusive argument. 
 
 The subject of workmen's compensation, of workmen's 
 insurance and of workmen's pensions is not a new one 
 to me. As a manufacturer I have all my life given 
 thought to it, and in later years I have oftentimes dis- 
 cussed it with my workmen, and I must confess that both 
 from their standpoint and mine it was and is a most 
 puzzling problem, worthy of the ablest thought working 
 with profoundest sympathy and most thorough practical 
 wisdom. The basis of my reasoning is this : 
 
 When a man who has good physical health, with a sane 
 mind and ordinary ability enters into the employment of 
 another, and contributes honestly what is asked from him 
 towards the upbuilding of a business, he acquires a cer- 
 tain relation to that business, growing greater year by 
 year, which should be of material value and utility to him 
 and to those dependent upon him. This is not sentiment, 
 but common justice. 
 
 When in an earlier age of this country the number of 
 employers for each employee was much smaller than it is 
 
Addresses 547 
 
 now, and when the so-called class distinctions and separa- 
 tions were less pronounced, this right of the loyal work- 
 man, while perhaps not any better understood than now, 
 was more often expressed in kindly, helpful individual 
 acts. The workman's son was perhaps the playmate of 
 the employer's boy. The helpfulness of intimacy and of 
 mutual interest was then not rare. To-day a great gulf 
 inevitably separates in our larger industries the boss and 
 the wage-earner, unbridged by any opportunity for the 
 every-day humanities. 
 
 Hence the need of just laws both for employer and em- 
 ployee. Law after aU is only codified sympathy. The 
 understanding of the rights of others is the intellectual 
 expression of sympath}', and when this understanding is 
 enacted into law sympathy is the very fibre of the bul- 
 warks of legislation that protects the interests of all 
 through compelling care from one set of men, restraint 
 from another set of men, and uprightness from all. 
 
 To-day we cannot take all our working neighbors in- 
 dividually by the hand perhaps, but we can uphold the 
 hands and the heads of all through just and beneficent 
 laws. In my own State we have not as yet passed a. 
 Workingman's Compensation Law, chiefly because we- 
 could not get one quite good enough to suit us, but T 
 trust that in the near future New York and all the other- 
 States will have laws protecting workingmen against acci- 
 dent, sickness and old age — workingmen and working- 
 women and their dependents. 
 
 I hope, moreover, that we shall have a certain degree 
 of uniformity throughout the country in these laws. I 
 beheve in such legislation as one wise method with 
 which to guide the great forces of labor in this country 
 into channels which will not overflow, and where the tot' 
 
548 Public Papers of Governor Dix 
 
 rential stream of American initiative and enthusiasm will 
 through the ages turn the wheels of industry and com- 
 merce for the education of the mind of our country and 
 the upliftment of the heart of the world. 
 
 Remarks of Governor Dix at the Inauguration of 
 Governor Sulzer, January 1, 1913 
 
 Governor Sulzer 
 
 Into your hands and your keeping I hereby transfer the 
 responsibihties and cares of the office of Chief Executive 
 of this Empire State. You stand upon the threshold of a 
 great opportunity. Your long experience in public life 
 studying the needs of the people eminently qualifies you to 
 administer with honor to yourself and advantage to the 
 Commonwealth the affairs of this State. 
 
 In this Chamber where you have taken the oath of office 
 as Governor, a generation ago you were a familiar and im- 
 portant figure. The intervening years have afforded you 
 a splendid opportunity to understand the needs of the 
 human race. In administering the duties of the office of 
 Governor, as now constituted, you have my sympathy. In 
 the wide scope of privileges which you will have for per- 
 forming a real practical service to the people O'f this State, 
 you have my best wishes. And I should like to mention for 
 your consideration some of the requirements at this time 
 for the fullest and best development of the State. 
 
 For a State to be successful, its people must be sound and 
 right in their views and its resources economically and 
 properly developed. The conserving of the natural re- 
 sources vouchsafed by a generous Providence devolves 
 
Addresses 549 
 
 upon the agents and representatives of the people as cus- 
 todians of those resources, that they can be transmitted 
 unimpaired to those who come after us. The forward 
 steps which have been taken in the reorganization of prison 
 administration may, I trust, go forward along humane lines 
 with results beneficial to the inmates, their families and 
 society at large. A watchful care of the finances of the 
 State that the expenditures may always be within the in- 
 come is also worthy of your practical sense and consider- 
 ation. 
 
 In all the work that comes to you as Chief Executive, 
 you will find none more zealous, none more solicitous for 
 your welfare than your immediate predecessor, that the 
 questions may be solved right, and that your administra- 
 tion will exalt the character of our Commonwealth and 
 enhance the happiness of all the people. 
 
XVI 
 APPENDIX 
 
 [551] 
 
XVi 
 
 APPENDIX 
 
 Statement Concerning the Management of the Highway 
 
 Department 
 
 Albany, September 28, 191 2 
 Governor Dix to-day made the following statement : 
 Out of the mass of accusation which has been leveled 
 at the present Administration, in connection with the man- 
 agement of the Highway Department and the methods 
 which have obtained in carrying out the constitutional pro- 
 vision for the improvement of State highways, there are 
 two propositions which I desire, briefly, to answer at this 
 time. 
 
 First. It is charged that through the method of the so- 
 called " expedited routes " the people have been defrauded 
 of their intent that ,the authorized expenditure of fifty mil- 
 lions in highway improvement should proceed under an 
 equitable apportionment of such expenditure on account of 
 the various counties. 
 
 Second. And what I consider most seriously, is the alle- 
 gation that the Governor of the State has improperly, and 
 for purely personal reasons, been active in procuring a 
 diversion of State highway money for the construction of 
 a road or roads through his own private property, and with 
 a view to his own personal benefit. 
 
 While there are other charges which are more or less 
 specific in their formulation, those which I have mentioned 
 are, as far as I have been able to gather, the basis of the 
 general accusation of improper and inefifective management 
 of the State Highway Department during the past two 
 years. 
 
 [553] 
 
554 Public Papers of Governor Dix 
 
 The duty of familiarity with details of administration 
 in the Highway Department rests upon the Superintendent 
 of Highways. If it is a fact that the various charges of 
 mismanagement and wrongdoing in the Highway Depart- 
 ment are true, and are substantiated under properly verified 
 charges against the Superintendent of Highways, I should 
 not hesitate to remove the Superintendent from office. The 
 promptness with which the Superintendent threw open his 
 books and the entire records of his department to the agents 
 of those who have made these accusations in the public 
 press, and the comprehensive answer of the Superintendent 
 to such accusations, published immediately after their first 
 utterance, should go far to convince the public that the 
 head of this particular department has an absolutely clear 
 conscience in the premises and has nothing to fear from a 
 most searching investigation of his official record. 
 
 In considering the first of the general accusations above 
 mentioned, it is necessary to briefly review the legislative 
 history of highway improvement. Section 12 of article 7 
 of the Constitution (adopted by the amendment of 1905) 
 which provides for the creation of a debt by the State for 
 the improvement of higliways, includes the following: 
 
 " Such highways shall be determined under general 
 laws, which shall also provide for the equitable ap- 
 portionment thereof among the counties. The aggre- 
 gate of the debts authorized by this section shall not 
 at any one time exceed the sum of fifty millions of 
 dollars." 
 
 Chapter 468 of the Laws of 1906, to secure an equitable 
 apportionment among the counties, required the State En- 
 gineer to prepare a map of all the highways of the State 
 
Appendix 555 
 
 and indicate on such map which of such highways were 
 deemed by him of sufficient importance to be improved 
 under this act. 
 
 Such map was prepared and submitted to the Legislature 
 and approved by chapter 715 of the Laws of 1907. 
 
 This map provided for a system of county highways 
 some 8,000 miles long, of the cost of which the State was 
 to bear approximately 60 per cent, and the towns and coun- 
 ties the balance. 
 
 An equitable apportionment of highways was thus made 
 among the counties of the State, which if carried out would 
 have exhausted the fifty million dollar fund. 
 
 This apportionment was, however, not permitted to 
 stand alone. Chapter 30 of the Laws of 1909, passed by a 
 Republican Legislature and approved by a Republican Gov- 
 ernor, provided a system of approximately 3,700 miles of 
 highways, known as the State system of highways, to be 
 paid for entirely by the State, and extending partially over 
 roads completed under the county system and partially over 
 roads which had not been improved. 
 
 Three thousand one hundred and forty-five miles of this 
 system were to be built out of the bond issue. The balance 
 was extended over county roads which had been 
 constructed. 
 
 Both the county and the State systems, passed by a Re- 
 publican Legislature and approved by a Republican Gov- 
 ernor, included Adirondack routes. 
 
 The result of this law was to establish two separate sys- 
 tems of highways in the State, the one first provided for 
 being spoken of as the " county system " and the latter as 
 the " State system." Inasmuch as the sum of $50,000,000 
 was insufficient to complete both systems, and because of 
 
556 Public Papers of Governor Dix 
 
 the fact that the State system had been legislatively grafted 
 upon the county system, it became impossible within the 
 limits of the authorized indebtedness for highway improve- 
 ment, to complete either of the systems above prescribed. 
 It thus became obvious that if the State highways were im- 
 proved as originally intended, instead of any well-defined 
 system of State roads there would be only patches of roads 
 here and there, for the most part without connections. 
 
 The State system of highways was essentially a trunk 
 system, and the question was, should this trunk line sys- 
 tem be scattered a little stretch in each county of the State, 
 thus rendering worse than useless the main thoroughfares 
 of the State, or should those patches of highway already 
 constructed be connected and, so far as possible, be made 
 of real value to the public at large? 
 
 This cjuestion was answered by chapter 532 of the Laws 
 of 1910, passed by a Republican Legislature and approved 
 by a Republican Governor, when the New York to Buffalo 
 road was expedited by an appropriation of $1,000,000, to 
 be expended so as to complete the connection between stone 
 roads already built and those to be built under the equitable 
 apportionment in 1910 and 191 1. 
 
 The foregoing was the first so-called " expedited bill," 
 and has been the basis of the method which the Legislature 
 has adopted for carrying out the projected highway im- 
 provement authorized by the constitutional provision above 
 cited. 
 
 I do not hesitate to say that, in my judgment it was the 
 wisest, most economic and most advantageous way out of 
 the highway situation, which had become so complicated 
 by the grafting of the State upon the county system and 
 the legislative intention that one-half of the available funds 
 should be expended on the State highways. 
 
Appendix 
 
 557 
 
 As to whether or not ithe method of " expedited routes " 
 is absolutely constitutional, I, of course, am not qualified 
 to give an expert opinion. But I was advised that such 
 method was conatitutional. It had received the seal of 
 approval of my Republican predecessor in office, himself 
 an able lawyer, and, as far as I have been advised, its con- 
 stitutionality had never been questioned. It was explained 
 to me that the effect of a so-called " expedited route " was 
 simply a direction by the Legislature that the construction 
 of the highway included in said route should first be pro- 
 ceeded with for the account of the county or counties. 
 through which such " expedited route " would pass, such 
 counties to be charged with their respective proportions, 
 of the expenditure on account of the amount of highway 
 improvement expenditure to which they were severally en- 
 titled under the equitable aiDiportionment thereof made and 
 provided for by the Legislature. 
 
 The appropriation of $1,000,000 for the construction of 
 the New York to Buffalo road, above mentioned, was safe- 
 guarded by a provision to the effect that " no county in 
 which roads are improved under this chapter shall partici- 
 pate in the annual distribution of funds for the improve- 
 ment of State routes, until such time as the counties not 
 participating in the fund provided by this chapter shall have 
 received such amount of improvement as will equalize the 
 mileage." That one of the " expedited bills " passed by 
 the Legislature of 191 1 which seems to be considered as the 
 most objectionable by those who have made the accusations 
 in. this matter (the so-called Dix-Emerson-Trombly bill) 
 was safeguarded by the additional provision that " in case 
 the State roads provided for in this bill exceed in mileage, 
 in and for any county herein mentioned, the equitable por- 
 
558 Public Papers of Governor Dix 
 
 tion to which said county is or may be legally entitled, then 
 only so much mileage in said county shall be improved 
 or constructed as shall be the fair and equitable portion of 
 said route to which said county is entitled," with still 
 further and most specific provisions for safeguarding the 
 rights of other counties, which are omitted for brevity sake. 
 
 I am informed by the State Engineer that all highway 
 improvement thus far made or contracted for has pro- 
 ceeded under a substantially equitable apportionment of the 
 money expended and to be expended among the various 
 counties. The so-called " expedited routes " have not been 
 devised or built under the dictation of the Governor of the 
 State or at the instance of the Highway Department; they 
 have, in every case, proceeded from the Legislature, which 
 has, with most remarkable unanimity, approved and 
 adopted, as under all the circumstances the best possible 
 method, under which should proceed the development of 
 our splendid highway system, the trunk line system em- 
 bodied in the act of 1910, which received the approval of 
 my predecessor in office. 
 
 The records show that the average vote in favor of 
 twenty-two " expedited bills " was 121 for and i against 
 in the Assembly, with 41 for and i against in the Senate. 
 As the taxpayers had expressly delegated to the Legislature 
 the responsibility both of delineating the highways and 
 equitably apportioning the expenditure therefor among the 
 counties, if the rights of the latter have been outraged, 
 as alleged, by these " unlawfully expedited bills," it would 
 seem that the representatives of the people were directly 
 at fault ; but as pointed out by the Attorney-General in his 
 recent answer to the charge that he had wrongfully refused 
 to permit the constitutionality of these bills to be tested, 
 
Appendix 559 
 
 it is a significant fact that upon the hearing granted by him 
 in the Albany county case, the attorneys of Albany county 
 were the only ones to speak in favor of itesting the law, 
 while from all over the State oame the request that the 
 application should not be granted. The action of the 
 Attorney-General was his own, and absolutely without 
 direction from the Executive. But I do not hesitate to 
 say that I absolutely and unequivocally approve his course 
 in that matter, which I believe was for the best interest of 
 the people of the State. 
 
 Second, tlie charge that the Governor of the State has 
 improperly attempted to influence the building of a State 
 highway designed to increase the value and convenient use 
 of his own property is, to my mind, the most serious accu- 
 sation which has been made — if 1 only for the reason that, 
 as far as I am aware, it is the only insinuation which any- 
 one has ever seen fit to make in regard to the personal 
 integrity of the Executive. This accusation is based upon 
 the fact that in July, 1910, before I became Governor or 
 had been considered for such office, I wrote to Highway 
 Commissioner Earl asking him .to consider favorably the 
 plan of letting the contract on the State route from 
 McKeever to White Lake, and of having the route from 
 McKeever to the Fulton Chain completed as soon as possi- 
 ble. The facts in regard to this incident are as follows : 
 
 I did write to Mr. Earl, at or about the time mentioned, 
 that I would like his co-operation in an attempt to have 
 these sections of the State highway, already deline- 
 ated and authorized, built forthwith, but my letter to 
 Commissioner Earl, as published in a New York news- 
 paper, was not in the precise language quoted. In the pub- 
 lished letter I am made to say, " I am very anxious to have 
 
560 Public Papers of Governor Dix 
 
 this road constructed on the course already decided by the 
 State (by the Skene maps)." What I actually wrote was, 
 " I am very anxious to have this road constructed on the 
 ■course already deeded to the State;" and without the slight- 
 est reference to the so-called " Skene maps." Previously 
 to writing tfhis letter I had deeded to the State of New 
 York, gratuitously, a right of way through my property for 
 the purpose of the State road which had been laid out from 
 White Lake to McKeever; and it was this fact which I 
 had in mind in referring to " the course already deeded to 
 the State." The changing of my letter to fit the gratuitous 
 and wicked interpolation of the words, " tihe Skene maps," 
 thus endeavoring to connect me with the latter, will receive 
 its proper interpretation by every fairminded citizen. 
 
 I had done nothing, directly or indirectly, to cause 
 the route from White Lake to McKeever and from 
 McKeever to the Fulton Chain to be incorporated in the 
 system of highways approved by the Legislature in 1907 
 and confirmed by the Legislature of 1909. At the time 
 my letter to Commissioner Earl was written, the road 
 from McKeever to Fulton Chain, on the east, was in 
 process of construction, and when completed there would 
 Tiave been a stretch of ten miles of State road from 
 McKeever to the Fulton Chain of Lakes, one of the most 
 populous localities in the Adirondacks, with no outlet to 
 the south and west, unless the section from White Lake 
 to McKeever, already decided upon, should be built ; and 
 my only motive in writing Mr. Earl was to urge the early 
 completion of the White Lake-McKeever highway 
 already legislatively authorized and resting alone in the 
 -discretion of the Highway Commission as to the time 
 when it should be undertaken. 
 
Appendix 561 
 
 The only inference to be drawn from the pubhcation 
 by Commissioner Earl of my private letter to him of 1910, 
 is that I was guilty of participation in what is called 
 " the raid on the highway fund." Perhaps this former 
 pubhc ofihcial, of manifestly tender sensibilities and elevated 
 conscience, will now explain why, in reply to my letter, 
 embodying such an improper request on my part, he re- 
 plied to me under date of August 2d, and again August 
 9, 1910: " I am personally very much interested in see- 
 ing a road built from McKeever to White Lake. Every 
 lover of the Adirondacks in Herkimer county seems to 
 be of the same mind. This road will form part of a State 
 route and is located in Oneida county. The Commission 
 has the right to say where the State routes in each of the 
 counties shall be built each year. * * * j ^jjj ^q 
 everything in my power to further the building of a road 
 from McKeever to White Lake. I think that you can 
 count on everybody in Herkimer county to do what they 
 can in the matter. * * * i believe, without any 
 question that you can count on both my associates on the 
 Commission to be in favor of the construction of this 
 road." 
 
 While it is possible that Mr. Earl, the Hughes High- 
 way Commissioner, " made a determined effort to check 
 the raid on the highway fund " in the matter of the " ex- 
 pedited bills," as far as he ever advised me upon the 
 subject, his only objection to constructing the proposed 
 '' expedited roads " to the Adirondacks (on both sides 
 of the woods) and to the St. Lawrence river was the 
 '' fear that the engineering force would be unable to care 
 for the additional work " if it were attempted at one and 
 the same time. Under date of August 2, 1910, he wrote 
 
 36 
 
562 Public Papers of Governor Dix 
 
 me as follows on this subject ; * * * " This last year 
 the Legislature made a special appropriation of $1,000,000 
 to complete as soon as possible the missing links in the 
 main route from New York to Buffalo by way of Albany. 
 I am informed that Senator Emerson and others inter- 
 ested in the eastern Adirondacks intend to ask for a simi- 
 lar appropriation to complete the missing links between 
 Albany and the Canadian line. I believe such an appro- 
 priation will pass the coming Legislature. 
 
 " Mr. White has had a similar idea regarding an ap- 
 propriation for the routes into the Adirondacks and to the 
 St. Lawrence river. Whether or not it would be wise 
 to put both of these resolutions through at the same time, 
 I am not prepared to say. I fear that if this was done 
 and we expected to construct the roads called for on both 
 sides of the Adirondacks at the same time, that our engi- 
 neering force would be unable to care for the additional 
 work. In other words, I beheve we could only handle 
 one appropriation next year, in which event the remaining 
 one would have to go over the year following- 
 
 " I would be pleased at any time to co-operate with 
 you and others interested in the matter of giving an out- 
 let to the McKeever-Fulton Chain road. I shall do every- 
 thing in my power to further the project." 
 
 Nine months after my correspondence with Commis- 
 sioner Earl, the Legislature of 191 1 passed an "expe- 
 dited bill " providing for the construction of a State high- 
 way from a point near Utica to the Herkimer county line, 
 which route included the section from White Lake to 
 McKeever, which had been authorized by the Legislature 
 of 1907 as above stated. The vote on this bill was 132 
 in favor, 2 against, in the Assembly; 35 in favor, o against. 
 
Appendix 563 
 
 in the Senate. I unhesitatingly approved it as being a 
 part of the projected trunk Hne highway extension, which 
 I beheved had received the approval of the entire State; 
 and I saw not the slightest reason to withhold my ap- 
 proval, simply because of the fact that in order to connect 
 with an absolutely disconnected and useless section of 
 State road already built, the route necessarily included 
 building the section from White Lake to McKeever, 
 which had been decided upon and approved by the Legis- 
 lature nearly four years before I became Governor. 
 
INDEX 
 
 37 
 
 [565] 
 
INDEX. 
 
 PAGE 
 
 Abbott, Lawrence F., appointed delegate 266 
 
 Abrams, Louis J., commutation of sentence 361, 382, 383 
 
 Acheson, Thomas J., charges against 317 
 
 Actions to recover damages, proof of contributory negli- 
 gence, veto of bill 160 
 
 Addresses: 
 
 Cambridge Valley Agricultural and Stock Breeders' Asso- 
 ciation 492 
 
 Champlain Memorial Lighthouse at Crown Point, dedica- 
 tion 477 
 
 Champlain Statue at Plattsburg, dedication 480 
 
 City Plan Luncheon, Albany 539 
 
 Education building, dedication 527 
 
 Farley, Cardinal, banquet in honor of, New York city.... 460 
 
 Friends of St. Patrick, banquet, Troy 465 
 
 Governors' Conference, Richmond, Va S40 
 
 Hamilton College commencement 472 
 
 Irrigation Congress, Salt Lake City, Utah 517 
 
 Lake Mohonk conference 530 
 
 Newtown Battlefield Monument, Elmira, dedication 495 
 
 Plattsburgh 487 
 
 Pomona Grange, Kingston, meeting 489 
 
 Richfield Springs 503 
 
 Rochester centenary 505 
 
 Sangerfield Country Club, annual meeting 482 
 
 Schenevus Fair 485 
 
 Society of Colonial Wars, New York city 535 
 
 Soldiers' and Sailors' Monument, Washington Park, Al- 
 bany, dedication 524 
 
 Sons of the Revolution, Philip Livingston Chapter, annual 
 
 meeting and banquet, Albany 446 
 
 State Federation of Labor, committee representing 509 
 
 Sulzer, Governor, inauguration 548 
 
 Taxation, Second State Conference on, Buffalo 437 
 
 University Club, banquet, Albany 452 
 
 Adikes, John, appointed delegate 288 
 
 Adjutant-General, vetO' of appropriation 122 
 
 Adler, Felix, appointed delegate 263 
 
 Administrator, commissions of and allowances to, veto of bill, 155 
 
 [567] 
 
568 INDEX 
 
 PAGE 
 Aersconk creek, improvement and removing of obstruction, 
 
 veto of appropriation I34 
 
 Agar, John G., appointed delegate 266 
 
 Agricultural law, bill amending, emergency message 237 
 
 veto of bill amending I53 
 
 Agriculture, recommendations in annual message 40. 
 
 Agriculture, Commissioner of, appointment 247 
 
 letter to 414 
 
 resignation of Commissioner Pearson 412 
 
 reply of Governor to letter of 413 
 
 Agriculture, Department of, veto of appropriation 119, 
 
 Agriculture, State School, at Cobleskill, veto of bills relating 
 
 to 97> 121, 179 
 
 Agriculture, State School, Keuka College, veto of bill I77' 
 
 Agriculture, State School, Long Island, bill establishing, ap- 
 proved 226. 
 
 Agriculture, State School, Montour Falls, veto of appropria- 
 tion 170 
 
 Albany, city court, veto of bill relating to 198- 
 
 county clerk's office, compilation of indexes and records, 
 
 bill approved 224 
 
 smoke nuisance, veto of bill relating to 211 
 
 Albany county, extraordinary trial term of Supreme Court. .309, 313. 
 
 transaction of public business, veto of bill 192 
 
 Alien insane, investigation, appointment of Spencer L. Davires, 326 
 
 Governor Dix on the report made by Dr. Dawes 329 
 
 Allds investigation, veto of appropriation to pay counsel ill 
 
 Allen, Annie Winsor, appointment as manager of State Train- 
 ing School for Girls 261 
 
 term expired 261 
 
 Allen, Henry C, appointed delegate 288- 
 
 Ailing, Joseph T., appointed delegate 263. 
 
 Almy, Frederic, reappointment as manager of State Industrial 
 
 Farm Colony 258 
 
 appointed delegate 287 
 
 Altman, Benjamin, appointed delegate 288. 
 
 Alverson, Claude B., charges against 317 
 
 American Academy of Political and Social Science, appoint- 
 ment of delegates to annual meeting 270 
 
 American Automobile Association Conference, appointment of 
 
 delegates 262: 
 
 American Baptist Missionary Union, veto of bill relating to... 192. 
 American Forestry Association, appointment of delegates to 
 
 meeting 29S 
 
 American Mining Congress, appointment of delegates 288. 
 
INDEX 569 
 
 PAGE 
 
 American Museum of Safety, appointment of trustee 24s 
 
 American Prison Association, appointment of delegates to.... 284 
 American Road Builders' Association, appointment of dele- 
 gates to convention : . . 295 
 
 American Road Congress, appointment of delegates to 278 
 
 American Society for Judicial Settlement of International Dis- 
 putes, appointment of delegates to conference 297 
 
 Amory, John J., appointed delegate 288 
 
 Anderson, Alice Cox, claim of, veto of bill 196 
 
 Anderson, James M., appointed delegate 288 
 
 Anderson, John, appointed delegate 288 
 
 Anderson, Matthew, appointed delegate 288 
 
 Andrews, Charles H., appointment 243 
 
 Andrews, Eugene M., appointment 244 
 
 Andrews, John B., appointed delegate 273 
 
 Andrews, Joseph H., appointed delegate 282 
 
 Appellate division. {See Supreme Court.) 
 
 Appleton, Henry O., term expired 248 
 
 Appointments: 
 
 Agriculture, Commissioner 247 
 
 American Museum of Safety, trustee 24s 
 
 Barge Canal Operation Commission, members 245 
 
 Binghamton State Hospital, manager 254 
 
 Bronx county, Commissioner of Jurors 247 
 
 Bronx Parkway Commissioner 245 
 
 Buffalo State Hospital, manager 254 
 
 Central Islip State Hospital, manager 254 
 
 Charitable institutions, managers and trustees 257 
 
 Charities, State Board, Commissioners 250 
 
 Claims, Board, Commissioner 252 
 
 Conservation Commissioner 252 
 
 Cornell University,, trustee 252 
 
 County officials 245 
 
 Craig Colony for Epileptics, managers 258 
 
 Embalming examiners 241 
 
 Feeble-minded, criminals and other defectives, board of 
 
 examiners 243 
 
 Fiscal Supervisor of State Charities 251 
 
 Gowanda State Homeopathic Hospital, manager 255 
 
 Harbor Master for the Vicinity of Yonkers and Peekskill, 242 
 
 Hell Gate Pilot 253 
 
 Highways, State Superintendent 247 
 
 Honorary 262 
 
 Hudson River State Hospital, managers 255 
 
 Insurance, Superintendent 249 
 
570 INDEX 
 
 Appointments — Continued page 
 
 Kings Park State Hospital, managers 255 
 
 Letchworth Village, manager 259 
 
 Long Island State Hospital, managers 255 
 
 Manhattan State Hospital, managers 256 
 
 Middletown State Homeopathic Hospital, managers 254 
 
 Miscellaneous reporter 241 
 
 Mohansic State Hospital, managers 256 
 
 National Guard of the State of New York, Major-General, 253 
 
 New York Agricultural Experiment Station, trustees 244 
 
 New York State College of Forestry at Syracuse Uni- 
 versity, trustee 252 
 
 New York State Hospital for the Care of Crippled and 
 
 Deformed Children, manager 262 
 
 New York State Hospital for the T-reatment of Incipient 
 
 Pulmonary Tuberculosis, trustees 260 
 
 New York State Reformatory for Women, manager 261 
 
 New York State School of Agriculture on Long Island, 
 
 trustees 243 
 
 New York State Training School for Boys, managers 257 
 
 New York State Training School for Girls, managers.... 261 
 New York State Woman's Relief Corps Home, manager.. 259 
 
 Palisades Interstate Park, Commissioners 252 
 
 Panama-Pacific Exposition Commission, members 242 
 
 Parole Board, members 251 
 
 Port of New York, health officer 249 
 
 Port of New York, port wardens 248 
 
 Port of New York, special port warden 248 
 
 Prisons, Commissioners 252 
 
 Probation Commission, members 241 
 
 Public Service Commissioner, first district 249 
 
 Public Service Commissioner, second district 250 
 
 Public Works, Superintendent 248 
 
 Rochester State Hospital, manager 256 
 
 St. Lawrence State Hospital, manager 257 
 
 Saratoga Battle Monument Dedication Commission, mem- 
 bers 242 
 
 Schoharie State School of Agriculture, trustee 245 
 
 Schuyler Mansion, trustees 241 
 
 Soldiers and Sailors' Home, trustee 258 
 
 State Agricultural and Industrial School, managers 260 
 
 State Architect 253 
 
 State Custodial Asylum for Feeble-Minded Women, 
 
 manager 261 
 
 State Fair Commissioners 248 
 
 State Hospital Commissioners 247 
 
INDEX 571 
 
 Appointments — Continued page 
 
 State hospitals, managers 254 
 
 State Industrial Farm Colony, managers 258 
 
 State Reformatory for Misdemeanants, managers 262 
 
 State School of Agriculture, Morrisville, trustees 251 
 
 Syracuse State Institution for Feeble-Minded Children, 
 
 manager , 259 
 
 Tax Commissioner 250 
 
 Utica State Hospital, manager 257 
 
 Washington's Headquarters, trustee 253 
 
 Watkins Glen Reservation, commissioner 253 
 
 Western House of Refuge for Women, manager 261 
 
 Willard State Hospital, manager 257 
 
 Williams, James, commissioners to examine 247 
 
 Appropriation bill, amount approved 223 
 
 emergency message 237 
 
 items vetoed 96 
 
 special, vetoed 168, 179 
 
 Appropriations, approved 221 
 
 for State institutions, veto of bill 165 
 
 Approved bills, memoranda filed with: 
 
 Albany county clerk's office, compilation of indexes and 
 
 records 224 
 
 appropriations 221 
 
 Bronx county, erection of 232 
 
 canals, appropriation for improvement 228 
 
 highways, bonds for improvements 225 
 
 Labor law, amendment 229 
 
 New York State School of Agriculture, Long Island, estab- 
 lishment 226 
 
 Queens county, county clerk 231 
 
 Archibald, William H., deceased 246 
 
 Architect, State, appointment 253 
 
 Armories, acquisition of sites, veto of bill 202 
 
 veto of appropriation for 169 
 
 Arnold, Benjamin W., appointed delegate 288 
 
 Arnold, Hugh A., appointed delegate 288 
 
 Associated Advertising Clubs of America, appointment of 
 delegates to convention 271 
 
 Athletic Commission bill, repeal, recommendation in annual 
 message 29 
 
 Atlantic Deeper Waterways Association, appointment of dele- 
 gates to convention 274 
 
 letter to J. Hampton Moore extending invitation to 419 
 
 Attorney-General, designation to attend term of Supreme 
 
 Court in New York county to conduct Zotti trial 306 
 
 veto of appropriation 102 
 
572 INDEX 
 
 PAGE 
 
 Auburn, veto of bill amending charter 190 
 
 Augur lake, veto of appropriation for repairing dam 91 
 
 Ausable river, bridge over, veto of appropriation for 173 
 
 Ayrault, Miles, appointed delegate 288 
 
 Bail, admission to, veto of bills 188, 189 
 
 Bailey, Edwin, Jr., appointed delegate 280, 296 
 
 Bailey, E. Prentiss, appointed delegate 283, 288 
 
 Bailey, Francis G., commutation of sentence 357 
 
 Bailey, Frank, appointed delegate 288 
 
 Bailey, Joseph F., appointed delegate 288 
 
 Bailey, Liberty Hyde, appointed delegate 282,285,298 
 
 appointment as manager of State Reformatory for Misde- 
 meanants 262 
 
 Bain, Horatio N., appointment 255 
 
 Bainbridge, R. W., appointed delegate... 288 
 
 Baird, George, appointed delegate 297 
 
 Baker, Hugh P., appointed delegate 283, 298 
 
 Bakeries, inspection and regulation, recommendations in 
 
 annual message 31 
 
 Bakewell, Allan C, reappointment 260 
 
 Baldwin, Joseph C. Jr., appointed delegate 287 
 
 Baldwin, William D., appointed delegate 266 
 
 Balkam, William F., appointed delegate 288 
 
 Banking Department, recommendation in annual message... 65 
 
 veto of appropriation 149 
 
 Banking law, bill amending, emergency message 236 
 
 veto of bill amending 192 
 
 Bannard, Otto T., appointed delegate 288 
 
 Barber, E. C, appointed delegate 285 
 
 Bard, Franklin E., appointed delegate 275 
 
 Barge canal, bond issue for extension of Black River canal, 
 
 etc., veto of bill 202 
 
 recommendation in annual message ; 67 
 
 terminals, veto of bills ig8, 206 
 
 Barge Canal Operation Commission, appointment of members, 245 
 
 Barker, Charles, appointed delegate 282 
 
 Barlow, Peter T., resigned 257 
 
 Barnes, Marshall L., appointed delegate 277 
 
 Barnes, Thomas George, appointed delegate 282 
 
 Barnes, William Jr., appointed delegate 266 
 
 Barondess, Joseph, appointed delegate 273 
 
 Barrett, Nathan F., reappointment 252 
 
 Bashas Kill, veto of appropriation for improvements 170 
 
INDEX 573 
 
 PAGE 
 
 Batchelder, A. G., appointed delegate 263 
 
 Batterman, Henry, appointed delegate 288 
 
 Bauer, Rose, appointed delegate ,. 263 
 
 Bayles, Charles A., appointment 248 
 
 Bayne, Howard R., appointed delegate 272 
 
 Beach, Theodore A., appointed delegate 282 
 
 Beal, George, appointment 251 
 
 Beal, Joseph, reappointment 258 
 
 Beal, William R., appointed delegate 288 
 
 Beardsley, N. S., appointed delegate 282 
 
 Beaumont, Joseph L., appointed delegate 282 
 
 Beaver river, flow of water caused by the state dam at Still- 
 water, veto of bill 174 
 
 Bedell, E. J., appointed delegate 297 
 
 Beeman creek, veto of appropriation for cleaning out 173 
 
 Beer, A. J., appointed delegate 280 
 
 Belden, Mead Van Zile, term expired. 259 
 
 Belmont, August, appointed delegate 266, 270, 279, 288 
 
 Benham, George W., appointed delegate 285 
 
 Bennington battlefield, veto of appropriation for acquisition. . 172 
 
 Bensel, John A., appointed delegate 275, 278,288 
 
 Bergholtz creek, deepening and widening, veto of appropria- 
 tion 174 
 
 Berri, William, appointed delegate 289 
 
 Berrian, Charles A., appointed delegate 289 
 
 Betts, Judson A., appointed delegate 282 
 
 Bigelow, Fannie R., reappointment 261 
 
 Biggs, William P., appointed delegate 280, 2961 
 
 Bill drafting department, Legislature, veto of appropriation.., 107- 
 
 Binghamton State Hospital, appointment of manager 254, 
 
 Bishop, Caroline, appointed delegate 298", 
 
 Bissell, Herbert P., appointed delegate 265; 
 
 resignation as State Hospital Commissioner 248; 
 
 appointment as Public Service Commissioner 25O1 
 
 rejection of nomination for Public Service Commissioner, 
 
 statement by Governor Dix in relation to 400 
 
 Black creek, veto of appropriation for cleaning out 173 
 
 Black river canal, extension, veto of bill 202. 
 
 Blackburn, John T. D., appointed delegate 289 
 
 Blandy, Isaac C, appointed delegate 285 
 
 Blauvelt, George A., appointed delegate 282,297 
 
 Blind, state board for improving condition, veto of bill 204 
 
 Block, Joseph H., appointed delegate 273 
 
 Block, Paul, appointed delegate 272 
 
 Bfum, Edward C, reappointment ,,, 241 
 
574 INDEX 
 
 Boards and departments. {See specific names of.) page 
 
 Boas, Emil L., appointed delegate 275 
 
 Boat inspections and licenses, veto of bill relating to fees.... 199 
 
 Bock, Charles A., appointed delegate 263 
 
 Bogart, Charles W., appointed delegate 289 
 
 Bogart, John N., appointed delegate 266 
 
 Boldt, George C, appointed delegate 298 
 
 Bon, Louis F., pardoned 350 
 
 Bonner, Paul E., appointed delegate 289 
 
 Boody, David A., appointed delegate 289 
 
 Bordwell, E. R., appointed delegate 282 
 
 Boshart, C. Fred, appointed delegate 282 
 
 Boxing, repeal of Athletic Commission bill recommended in 
 
 annual message 29 
 
 Boyd, William A., appointed delegate 289 
 
 Boyle, James F., appointment 262 
 
 Boynton, Edward B,, appointed delegate 289 
 
 Brace, Richard A., appointed delegate 282 
 
 Brady, John J., appointment 262 
 
 letter to, regarding State Reformatory for Misdemeanants, 426 
 
 Brainard, Frank, appointed delegate 289 
 
 Brand. Wolf, commutation of sentence 353 
 
 Brandt, Foulke Engel, appointment of Richard L. Hand to 
 
 conduct hearings in case of 364 
 
 denial of application for commutation of sentence 363 
 
 statement of Governor Dix concerning application for 
 
 clemency 365 
 
 letter from Mayor Gaynor on Governor Dix's statement.. 277 
 
 Bray, William L., appointed delegate 283 
 
 Brayton, Jesse, appointed delegate 289 
 
 Breen, John H., appointment 246 
 
 Brentano, Simon, appointed delegate 273 
 
 Bridenbecker, Judson, appointed delegate 282 
 
 Bridges, Ausable river, veto of appropriation for 173 
 
 Barge canal, Lockport, veto of appropriation for 178 
 
 Black river canal, Rome, veto of appropriation 169 
 
 EUicott creek, veto of appropriation 178, 183 
 
 Erie canal, veto of bills 175, 176, 180 
 
 Hudson river, veto of appropriation for 172, 173 
 
 Mohawk river, veto of appropriation 174, 175, 176, 177 
 
 Twitchell creek, veto of appropriation for repair of 174 
 
 Briggs, Etha, appointed delegate ; 278 
 
 Briggs, Franklin H., appointed delegate 285 
 
 Broad, John H., terrh expired 251 
 
 Brockway, A. L., appointed delegate 285 
 
 Bronx, borough, coroner, appointment 246 
 
INDEX 575 
 
 PAGE 
 
 Bronx county, erection of, bill approved 232 
 
 commissioner of jurors, appointment 247 
 
 Bronx Parkway Ccrmmissioner, appointment 245 
 
 Brooklyn, extraordinary term of Appellate Division of second 
 
 judicial department, appointment 313 
 
 Brooklyn, State armory, veto of appropriation 176 
 
 Brown, Albert E., appointed delegate 285 
 
 Brown, Charles J., appointed delegate 282 
 
 Brown, Charles W., appointment 260 
 
 Brown, E. Lyman, appointment 255 
 
 Brown, Edward F., appointed delegate 273 
 
 Brown, Frederic C, appointment 261 
 
 Brown, William C, appointed delegate 266 
 
 Bruckner, Henry, appointed delegate 275, 289 
 
 Bryan, Elmer Burritt, appointed delegate 266 
 
 Bryant, Joseph D., appointed delegate 265, 286 
 
 Buck, Fred, appointed delegate 297 
 
 Buel, Horace E., resignation 24S 
 
 Buffalo, land on Sienkiewicz Place, veto of bill 161 
 
 investigation of abandoned State canal 331 
 
 order of Governor declaring abandoned canal a public 
 
 nuisance 332 
 
 veto of bill amending charter 191 
 
 veto of bill regarding record of certain lands 210 
 
 Buffalo State Hospital, appointment of manager 254 
 
 Bulger, Charles N., appointed delegate 266, 289 
 
 Burd, George B., appointed delegate 283 
 
 Burden, James J., appointed delegate 26$ 
 
 Burdick, Daniel Waite, reappointment as Commissioner of 
 
 State Board of Charities 250. 
 
 appointed delegate , 287- 
 
 Burke, Thomas E., appointed delegate 266, 
 
 Burnett, Edward, reprieved 362, 363; 
 
 commutation of sentence 353; 
 
 Burns, C. C, appointed delegate 289 
 
 Burns, Cornelius F., appointed delegate 277, 283, 289 
 
 resignation as Embalming Examiner 241 
 
 Burns, Walter F., appointed delegate 27s 
 
 Burtis, Mary G., deceased 256 
 
 Burton, John R., appointed delegate 288 
 
 Bush, Irving T., appointed delegate 289 
 
 Bush, Robert P., reappointment as trustee of Soldiers and 
 
 Sailors' Home 258 
 
 appointed delegate 279 
 
 Bushnell, Clarence M., appointed delegate , . 26^ 
 
576 INDEX 
 
 Business law. {See General business law.) page 
 
 Butler, Edmond J., appointed delegate 286 
 
 Butler, Glentworth R., appointed delegate 264 
 
 Butler, Nicholas Murray, appointed delegate.'. 266 
 
 Butler, S. M., appointed delegate 262 
 
 Byrne, James, appointment as trustee of State School of Agri- 
 culture, Long Island 243 
 
 declined appointment 244 
 
 Byrnes, Thomas F., appointed delegate 274 
 
 Cahill, John H., appointment 24s 
 
 Cain, John, commutation of sentence 3S6 
 
 Caldwell, Charles Pope, appointed delegate 275 
 
 Call, Homer D., appointed delegate 263,266 
 
 Callicoon churches, veto of bill relating to consolidation 196 
 
 Calvin, John F., appointed delegate 276 
 
 Cambridge Valley Agricultural and Stock Breeders' Associa- 
 tion, address before 492 
 
 Cameron, Frederick W., appointed delegate 289 
 
 Campbell, Robert M., appointed delegate 266 
 
 Campion, William F., appointed delegate.. 263 
 
 Canal fund, veto of appropriation from 139 
 
 Canals, recommendation in annual message 67 
 
 appropriation for improvement, bill approved 228 
 
 wages of locktenders, veto of bill 181 
 
 {See also Barge canal.) 
 Canandaigua lake, deepening harbor and channel, veto of 
 
 appropriation 174 
 
 Canfield, Sumner, commutation of sentence 355 
 
 Cangialosi, Guiseppi, commutation of sentence 361 
 
 Cantor, Jacob A., appointed delegate 289 
 
 Capitol barber shop, veto of appropriation for in 
 
 Capitol reconstruction, recommendation in annual message.. 61 
 
 appropriation approved 221 
 
 Cargin, John, commutation of sentence 361 
 
 Carl, John H., appointment 244 
 
 Carlin, John A., appointed delegate 289 
 
 Carlisle, John N., appointed delegate 298 
 
 Carlson, Andrew, lands conveyed to, veto of bill 188 
 
 Carmody, Thomas, appointed delegate 278 
 
 Carnegie, Andrew, appointed delegate 266 
 
 Carr, James D., appointed delegate 274, 278 
 
 Carroll, Joseph D., appointed delegate 289 
 
 Carson, James B., deceased 254 
 
 Cattaraugus county, completing roads, veto of appropriation.. 134 
 Cayuga canal, appropriation for improvement, bill approved. . 228 
 
INDEX 577 
 
 PAGE 
 Cayuga creek, deepening and widening, veto of. appropriation, 174 
 
 ■Cemetery corporations, veto of bill relating to 201 
 
 Cemetery lands, veto of bill relating to 192 
 
 Central Islip State Hospital, appointment of manager 254 
 
 veto of appropriation 166 
 
 Chadwick, H. K., appointed delegate 289 
 
 Champlain canal, improvement bond issue, veto of bill 203 
 
 'Champlain Memorial Lighthouse at Crown Point, address at 
 
 dedication 477 
 
 Champlain Statue at Plattsburg, address at dedication 480 
 
 Chandler, Frederick G., commutation of sentence 360 
 
 Chanler, Lewis Stuyvesant, appointed delegate 266, 279, 296 
 
 Chapelle, Mary, pardoned 349 
 
 Charitable institutions, appropriation approved 221 
 
 managers and trustees appointment 257 
 
 recommendations in annual message T^ 
 
 Charities, State Board, appointment of Commissioners 250 
 
 Charities and Correction, appointment of delegates to State 
 
 conference 286 
 
 National Conference, appointment of delegates 270 
 
 Chauncey, George W., appointed delegate 289 
 
 Chautauqua county, fish hatchery, veto of appropriation 176 
 
 grape culture, veto of appropriation 174 
 
 Chemung canal, bond issue for reconstruction, veto of bill... 202 
 
 dredging, veto of appropriation 137 
 
 Chemung county, treasurer, appointment 246 
 
 Chemung river, veto of appropriation for repairing dykes 169 
 
 Cherry, Walter B., appointed delegate 271 
 
 Child Labor Committee, appointment of delegates to annual 
 
 conference 263 
 
 Children, medical examination of, veto of bill 212 
 
 Childs, Milford W., appointed delegate 283 
 
 China, flood and famine, proclamation relating to 5 
 
 Choate, Joseph H., appointed delegate 297 
 
 Chormann, Frederick T., appointed delegate 283 
 
 Church, Sanford T., appointed delegate 281 
 
 Churches. {.See Religious corporations law.) 
 
 Churches of Christ in America, federal council, veto of bill 
 
 incorporating ., 207 
 
 Cities, home rule, recommendations in annual message 45 
 
 special city bills not accepted by 213 
 
 Cities law, second class, veto of bill amending 203 
 
 City law. {See General city law.) 
 
 City Plan Luncheon, Albany, address at 539 
 
 City Sealers of the United States, Northwest-ern Association, 
 
 appointment of delegate to 284 
 
578 INDEX 
 
 PAGE 
 Civil practice in the courts of the State, veto of bill relating 
 
 to classification 176 
 
 Civil Service, recommendations in annual message 34 
 
 Civil Service Commission, veto of appropriation 106 
 
 Civil service law, veto of bill amending, relating to compensa- 
 tion for wrongful removal 205 
 
 Civil War veterans, transportation, veto of appropriation 132 
 
 Claflin, John, appointed delegate 275, 289 
 
 Claims, Board of, appointment of commissioner 252 
 
 jurisdiction, veto of bill I9i> 213 
 
 Claims, Court of. {See Court of Claims.) 
 
 Claire, George, commutation of sentence 3S2 
 
 Clancy, John R., appointed delegate 298 
 
 reappointment as trustee of State College of Forestry.... 252 
 
 Clark, John F., appointed delegate 282 
 
 Clarke, G. Hyde, appointment 244 
 
 Clarke, Laura B., reappointment 259 
 
 Cleary, William E., appointed delegate 276, 289 
 
 Clinton, George, appointed delegate .' 275, 289 
 
 Clinton, Spencer, appointed delegate 275 
 
 Clukow, Samuel, commutation of sentence 358 
 
 Cobleskill. (See Schoharie State School of Agriculture.) 
 
 Coco, Peter M., pardoned 3SO 
 
 Code of Civil Procedure, veto of bills amending. . 155, 160, 190, 
 
 191, 20s, 206, 209, 213 
 Code of Criminal Procedure, veto of bills amending. . 188, 189, 
 
 192, 207 
 Coffin, John D., appointment as member of Panama-Pacific 
 
 Exposition Commission 242 
 
 resignation 242 
 
 Cogswell, Ledyard, appointed delegate 275 
 
 Cogswell, W. B., appointed delegate 289 
 
 Cohoes, police force, veto of bill amending charter 93 
 
 Cold storage law, recommendation in annual message 68 
 
 Coldwater, John L,, appointed delegate 271 
 
 Coleman, D. B., appointed delegate 296 
 
 Coleman, Myron R., appointed delegate 281 
 
 Coley, Edward H., reappointment 257 
 
 Collector's undertaking, veto of bill relating to 204 
 
 Collin, Frank M., appointed delegate 283 
 
 Colored Educators, appointment of delegates to National 
 
 Congress 278 
 
 Colton, Thomas J., reappointment 259 
 
 Commissions and departments. (See specific names of.) 
 
INDEX 579 
 
 Commutations: page 
 
 Abrams, Louis J 361, 382, 383 
 
 Bailey, Francis G 357 
 
 Brand, Wolf 3S3 
 
 Burnett, Edward 353 
 
 Cain, John 356 
 
 Canfield, Sumner 355 
 
 Cangialosi, Guiseppi 361 
 
 Cargin, John 361 
 
 Chandler, Frederick G 360 
 
 Claire, George 352 
 
 Clukow, Samuel 358 
 
 Cosmo, Michael 353 
 
 Davis, George 360 
 
 Day, Karl N 352 
 
 De Leo, Veto 355 
 
 Donnelly, John W 357 
 
 Farley, Frank 355 
 
 Fisher, Henry H 353 
 
 Fisher, W. Platte 354 
 
 Garlock, Harry 357 
 
 Gedney, John 351 
 
 Ghazal, Selim E 352 
 
 Gibson, William 359 
 
 Gilbert, John F 3Si 
 
 Goodman, Samuel 359 
 
 Gray, Henry 3S6 
 
 Hamilton, Fred 354 
 
 Hyde, George 358 
 
 Jordan, Peter 356, 381 
 
 Keiser, Arthur 358 
 
 Lamarco, Joseph Jr 353 
 
 Lufkin, Daniel 1 355 
 
 McDonald, Hugh 356, 381 
 
 Millward, Victor E 3S8 
 
 Pasquinelli, Ulysse 355 
 
 Piambino, Michael 360 
 
 Post, Howard Franklin 359 
 
 Purdy, Albert 352 
 
 Purdy, Henry 352 
 
 Radowitz, George von 357 
 
 Ramusen, August 352 
 
 Reilly, Charles 355 
 
 Riley, James 35i 
 
 Ruddy, Edward 360 
 
 Saudo, Marcellino 361 
 
S8o INDEX 
 
 Commutations — Continued page 
 
 Schultz, Peter 3S7 
 
 Shanley, Victor 355 
 
 Shopkom, Augustus 360 
 
 Smith, Andrew W 3S6 
 
 Smith, Thomas 359 
 
 Spezzano, Guiseppi 359 
 
 Tatham, Charles Wood 354 
 
 Tobin, James 361 
 
 Tranese, Luigi 358- 
 
 Valente, Antimo 357 
 
 Velchio, John Del 359' 
 
 Ward, Frank 354. 
 
 White, John 361 
 
 Williams, Ernest R 354 
 
 Comptroller, veto of appropriation 102, 143, 150 
 
 Connelly, Maurice E., appointed delegate 275, 289 
 
 Conservation, recommendations in annual message 36 
 
 Conservation bureau, veto of appropriation 106 
 
 Conservation Commission bill, statement of Governor Dix 
 
 respecting 399 
 
 Conservation Commissioner, appointment 252 
 
 veto of appropriation 124, 148- 
 
 Contagious diseases, recommendation in annual message.... 69 
 
 Contracts, veto of bill relating to 203 
 
 Conway, Rev. Alexander, appointed delegate 274,278 
 
 Conway, Daniel E., appointed delegate 289 
 
 Conway, Thomas F., appointed delegate 266 
 
 Coogan, James J., appointed delegate 266 
 
 Cook, W. A., appointed delegate 282 
 
 Cook Academy, state school of agriculture, veto of bill 170 
 
 Co-operative Safety Congress, appointment of delegates to 284 
 
 Corbin, John R., appointed delegate 289 
 
 Corinth, removing piers, veto of appropriation 135 
 
 Cornell, J. R., appointed delegate 281 
 
 Cornell University, appointment of trustee 252 
 
 state school of sanitary science and public health, veto 
 
 of appropriation 172 
 
 Corporations, index of, veto of appropriation ' loi 
 
 reorganizing, recommendations in annual message 55 
 
 transfers of shares of stock, veto of bill 205 
 
 Correspondence: 
 
 Brady, John J., letter to, regarding State Reformatory for 
 
 Misdemeanants 426 
 
 Folks, Homer, letter to, approving observance of a 
 national tuberculosis day 422 
 
INDEX 581 
 
 Correspondence — Continued page 
 Harburger, Julius, letter from Governor relating to elec- 
 tions 415 
 
 letter to, respecting prize fight 420 
 
 Herkimer county, sheriff, message to 429 
 
 letter from 431 
 
 Hewitt, Mrs. Abram S., telegram from Governor relating 
 
 to Titanic disaster 416 
 
 Hitchcock, Frank H., letter to, relative to designation of 
 
 post roads 427 
 
 Huson, Calvin J., letter to 414 
 
 Knox, P. C, letter from 409 
 
 Little Falls matter, message to Mayor 429 
 
 letters from Mayor 430, 432 
 
 statement in regard to 428 
 
 telegram from William Yates 434 
 
 Moon, Sheriff, letter from 431 
 
 Moore, Frank L., letter to 424 
 
 Moore, J. Hampton, letter to, extending invitation to At- 
 lantic Deeper Waterways Association 419 
 
 O'Neil, Frank, letter to, respecting prize fight 421 
 
 Parkhurst, Rev. C. H., letter from, concerning police con- 
 ditions in New York city 417 
 
 Governor Dix's reply to 418 
 
 Pearson, R. A., resignation as Commissioner of Agricul- 
 ture 412 
 
 reply of Governor to letter of 413 
 
 Prison Association of New York, letter from Secretary.. 411 
 
 Scott, Col. Joseph F., letter to 416 
 
 Shall, Mayor, letters from 430, 432 
 
 Whitman, Charles S., letter to, respecting prize fight.... 421 
 Wilson, James, letter to, relative to designation of post 
 
 roads 427 
 
 Yates, William, telegram from 434 
 
 Corrupt practices at elections, prevention of, recommendations 
 
 in annual message 26 
 
 Corson, Egbert Dexter, appointed delegate 283 
 
 Cortelyou, George B., appointed delegate 266 
 
 Cortland and Auburn Railroad Company, veto of bill extend- 
 ing time for construction 199 
 
 Cosmo, Michael, commutation of sentence 353 
 
 County highway.'S, expenses, veto of bill 155 
 
 County law, veto of bills amending. .94, 189, 194, 200, 201, 208, 212 
 
 County officials, appointment 245 
 
 Court, special terms of 309 
 
 Court designations 301 
 
 38 
 
582 INDEX 
 
 PAGE 
 
 Court of Appeals, building, appropriation approved 222 
 
 'Court of claims, veto of appropriation for 113 
 
 Court of Claims act, veto of appropriation for expenses of 
 
 action regarding constitutionality 104 
 
 Cowan, Mrs. Alfred C, appointed delegate 274, 278 
 
 'Cox, Frederick H., appointment as trustee of State School of 
 
 Agriculture, Long Island 243 
 
 appointed delegate 298 
 
 Coykendall, S. D., appointed delegate 289 
 
 Coyle, Thomas, pardoned 35° 
 
 Craig Colony for Epileptics, appointment of managers 258 
 
 Cram, J. Sergeant, appointed delegate 266 
 
 Crescent, bridge over Mohawk river, veto of appropriation for 
 
 construction I74 
 
 Cribb, Ira P., appointed delegate 297 
 
 Crimmins, John D., appointed delegate 266,, 276, 286, 289 
 
 •Crouse, Alta Pease, reappointment 259 
 
 Culkin, Francis D., order of Governor dismissing charges 343 
 
 Cullinan, Patrick W., appointed delegate 289 
 
 Cunningham, Joseph B., appointed delegate 274 
 
 Curphey, Alfred George, revocation of warrant for rendition of, 392 
 
 Curtin, Alice E., appointed delegate 285 
 
 Curtins, Harlow C, appointment 262 
 
 declined appointment 262 
 
 Curtis, Maj.-Gen. Newton M., monument, veto of appropria- 
 tion 131, 17s 
 
 Cushman, Daniel B., appointed delegate 274 
 
 Cuvillier, Louis A., appointed delegate 289 
 
 Dalzell, Fred B., appointed delegate 290 
 
 Damages, actions for, veto of bill relating to 160 
 
 Davenport, Mrs. Sarah L., appointed delegate 287 
 
 reappointment as Prison Commissioner 252 
 
 Davidson, George G. Jr., appointment 262 
 
 Davies, J. Clarence, appointed delegate 290 
 
 Davis, George, commutation of sentence 360 
 
 Davis, Katherine B., appointed delegate 285 
 
 Davis, Ulster, appointed delegate 296 
 
 Dawes, Spencer L., appointment to investigate matter of alien 
 
 insane 326 
 
 appointment to investigate Lunacy Commission .-... 327 
 
 Governor Dix on the report made by, concerning alien 
 
 insane 329 
 
 Day, James R., appointed delegate 266, 283 
 
 Day, Karl N.. commutation of sentence 352 
 
INDEX 583 
 
 PAGE 
 
 Dayton, J. C, appointed delegate 296 
 
 Debt, state, statement in annual message 20 
 
 Decedent estate law, veto of bill amending 207 
 
 Decker, ^lartin S., appointed delegate 266 
 
 Deer, A. J., appointed delegate 2(13, 296 
 
 Deery, John J., appointment 253 
 
 de Forest, Robert W., appointed delegate 286 
 
 De Hart, John, appointed delegate 290 
 
 Delaney, John H., appointed delegate 267 
 
 Delaware county, appointment of coroner 246 
 
 highways, bill relating to emergency message 236 
 
 De Leo, Veto, commutation of sentence 355 
 
 De Marco, Salvatore, reprieved 362 
 
 Denning, Annie C, appointed delegate 278 
 
 Departments. {See specific names of.) 
 
 De Ronde, Abram, reappointment 252 
 
 Designations, court 301 
 
 Desmarets, E. A., appointed delegate 290 
 
 Devine, Edward T., appointed delegate 263, 265, 271, 273 
 
 De Vine, John T., appointed delegate 285 
 
 Diehle, George C, appointed delegate, 263, 280, 296 
 
 Dieter, M. K., appointed delegate 298 
 
 Dillon, Martin F., veto of appropriation for 104 
 
 Dinsmore, William B., appointment 255 
 
 appointed delegate 272 
 
 Direct nominations, recommendations in annual message 24 
 
 special message favoring enactment of law 79 
 
 Direct tax law, message concerning 80 
 
 emergency message 235 
 
 Diseased animals, compensation to owners, appropriation ap- 
 proved 221 
 
 Dister, Henry L., appointed 246 
 
 Dister, John H., deceased 246 
 
 Divorce, action for, veto of bill 206 
 
 Documents from foreign countries, authentication, veto of bill, 209 
 
 Domestic relations law, veto of bill amending 189 
 
 Donahue, Michael, appointment 242 
 
 Donnelly, Chester Arthur, appointed delegate 290 
 
 Donnelly, John W., commutation of sentence 357 
 
 Donnelly, William T., appointed delegate 276, 290 
 
 Donovan, John F., appointed delegate 282 
 
 Doran, Leo C, appointed delegate 281 
 
 Doti, Pasquale, pardoned 350 
 
 Doty, Alvah H., term expired 249 
 
 Dougherty, James E., appointment 262 
 
584 INDEX 
 
 PAGE 
 Douglas, Curtis N., appointment as Public Service Commis- 
 sioner 250 
 
 Douglas, E. W., appointed delegate 290 
 
 Douglas, Fred, appointed delegate 295 
 
 Douglas, William A., appointment as manager of Buffalo State 
 
 Hospital . . . . , 254 
 
 appointed delegate 264, 290 
 
 Dow, Abbot Low, reappointment 258 
 
 Bowling, Robert E., appointed delegate 273 
 
 Downing, Augustus S., appointed delegate 265 
 
 Draper, Andrew S., appointed delegate 265, 267 
 
 Draper, Mrs. William K., appointed delegate 286 
 
 Dreier, Mary E., appointed delegate 273 
 
 DriscoU, George W., appointed delegate 298 
 
 appointment as State Fair Commissioner 248 
 
 reappointment 249 
 
 Drummond, Michael J., appointed delegate 270, 286 
 
 reappointment as manager of State Industrial Farm Colony, 258 
 
 DuBois, W. E. D., appointed delegate 273 
 
 Duell, Charles H., letter from 82 
 
 Dunlap, John R., appointed delegate 267, 290 
 
 Dunn, Thomas J., appointed delegate 282 
 
 Duryee, Charles C, appointment 243 
 
 Dusenbury, Edgar G., term expired 244 
 
 Dustin, George W., term expired 257 
 
 DuVal, C. Louis, appointed delegate 282, 283 
 
 Earley, Cornelius J., appointed delegate 290 
 
 Eastmond, John E., appointed delegate 274 
 
 Education, recommendation in annual message 62 
 
 Education building, address at dedication of 527 
 
 appropriation approved 221 
 
 bill relating to furnishing, emergency message 236 
 
 recommendations in annual message 64 
 
 veto of appropriation for furniture 168 
 
 Education department, care and cleaning, veto of appropriation, 97 
 
 -Education law, bill amending, approved 226 
 
 veto of bills amending 169, 170, 172, 177, 179, 203 
 
 -Efficiency in local administration, recommendations in annual 
 
 message 48 
 
 Eidlitz, Otto M., appointed delegate 267 
 
 Election law, bill amending, emergency message 238 
 
 veto of bill amending 211 
 
INDEX 585 
 
 PAGE 
 
 Elections, corrupt practices, prevention of, recommendations in 
 
 annual message 26 
 
 letter to Sheriff Harburger 415 
 
 (^See also Primary election.) 
 
 Elias, Pearl Spiegel, appointment 261 
 
 Elkus, Abram I., appointed delegate 276 
 
 Ellicott creek, veto of bills relating to , 178, 183 
 
 Ellis, M. L., appointed delegate 296 
 
 Ellsworth, Frank S., appointed delegate 290 
 
 Elmendorf, William B., appointed delegate 290 
 
 Elmira, Chemung river, veto of appropriation for repairing 
 
 dykes 169 
 
 Elwood, J. F., appointment 248 
 
 Ely, W. Caryl, appointed delegate 279 
 
 Embalming examiners, appointment 241 
 
 Emergency messages. (See Messages, emergency.) 
 
 Emerick, F. A., appointed delegate 283 
 
 Emerson, Robert, appointed delegate 274 
 
 Emmet, William Temple, appointment as Superintendent of 
 
 Insurance 249 
 
 resignation as manager of New York State Training School 
 
 for Boys 257 
 
 Emmons, G. E., appointed delegate 267 
 
 Empire State Forest Products Association, letter to president.. 424 
 
 Engineer and Surveyor, veto of appropriation 133 
 
 Erie canal, barge canal terminal at Palmyra, veto of bill 198 
 
 bridge at Tonawanda, veto of bill relating to 176 
 
 bridge over, at Utica, veto of appropriation 175 
 
 improvement, bond issue, veto of bill 203 
 
 Syracuse, hoist bridge over, veto of bill 180 
 
 Essex county, coroner, appointment 246 
 
 office of sherifif, veto of bill relating to salary of janitor... 201 
 
 Ewing, Thomas, Jr., appointment 256 
 
 declined appointment 256 
 
 Excise, recommendation in annual message 69 
 
 Executor, commission of and allowances to, veto of bill 155 
 
 Extraditions 387 
 
 factories, number of occupants, veto of bill 158 
 
 Factory employees, hours of labor, bill approved 229 
 
 Factory Inspectors, appointment of delegates to international 
 
 convention 272 
 
 Factory investigation, appropriation approved 222 
 
 recommendations in annual message 31 
 
586 INDEX 
 
 Fair Commission. (See State Fair Commission.) page 
 
 Fairchild, Charles S., appointed delegate 27a 
 
 Fairchild, Julian D., appointed delegate 290 
 
 Fairchild, Samuel W., appointed delegate 290- 
 
 Falker, Etta Eisner, term expired 261 
 
 Farley, Cardinal, address at banquet in honor of, New York 
 
 city 460 
 
 Farley, Frank, commutation of sentence 355 
 
 Farmer, G. F., revocation of rendition for 394 
 
 Farmers' National Congress, appointment of delegates to 285 
 
 Feeble-Minded, Criminals and other defectives, appointment of 
 
 board of examiners 243 
 
 Felonies, judgments rendered upon defendants, veto of bill re- 
 lating to 207 
 
 Felons, rewards for arrest and conviction of, veto of bill 189 
 
 Ferris, Arthur F., appointed delegate 290 
 
 Ferris, T. Harvey, appointed delegate . , 272, 280, 296 
 
 Ferris, W. D., appointed delegate 290 
 
 Fidelity companies, incorporation, veto of bill 211 
 
 Field, Thomas Pearsall, appointment 257 
 
 Finances, messages concerning direct tax 80, 235 
 
 statement in annual message 17 
 
 (See also Appropriation bill.) 
 
 Findlay, J. A. D. S., appointed delegate 285 
 
 Finegan, Thomas E., appointed delegate 265 
 
 Fink, Henry C, pension, veto of bill 216 
 
 Finley, John M., appointed delegate 267 
 
 Finucane, Thomas W., appointed delegate 280, 290^ 
 
 Fire escapes and exits, veto of bills 161, 197 
 
 Fire marshal, emergency message 236 
 
 veto of appropriations 128, 149 
 
 Fire prevention. State, proclamation appointing a day for 9 
 
 Fire protection. State hospitals for the insane, veto of bill 181 
 
 State institutions, veto of bill 174 
 
 Fires, veto of bill amending town law 198 
 
 Fiscal Supervisor of State Charities, appointment 251 
 
 Fish, Norman D., appointed delegate 282' 
 
 Fish, Stuyvesant, appointed delegate 279^ 
 
 Fish hatcheries, veto of appropriation 148, 176 
 
 Fisher, Edwin A., appointed delegat-e 290 
 
 Fisher, G. M., revocation of rendition 394 
 
 Fisher, Henry H., commutation of sentence 353 
 
 Fisher, W. Platte, commutation of sentence 354 
 
 Fiske, Edwin W., appointed delegate 275, 290 
 
 Fitzgerald, Thomas D., appointed delegate 267, 273 
 
INDEX 5S7 
 
 PAGE 
 
 Fitzgibbon, John, appointed delegate 267, 290 
 
 Pitzpatrick, William H., appointed delegate 275 
 
 Flanagan, John, appointed delegate 296 
 
 Flannery, M. J., appointed delegate 267 
 
 Fleck, Charles I., appointed delegate 290 
 
 Fleet, Beverly, appointed delegate 296 
 
 Fleming, James W., appointed delegate 279, 282, 298 
 
 Flesch, Berthold, appointment as trustee of State School of 
 
 Agriculture, Long Island 243 
 
 appointed delegate 271 
 
 Flexner, Mary, reappointment 256 
 
 Flushing and Jamaica bays, artificial waterway, veto of bill 175 
 
 Foley, James A., appointment as member of Panama-Pacific 
 
 Exposition Commission 242 
 
 appointed delegate 280 
 
 Folks, Homer, appointment as member of State Probation 
 
 Commission 241 
 
 appointed delegate 263, 270, 286 
 
 letter to, approving observance of a national tuberculosis 
 
 day 422 
 
 Follette, W. H., appointed delegate 277 
 
 Food supply, investigation, recommendations in annual mes- 
 sage 41 
 
 -Fordham, Albert A., appointment 253 
 
 Foreign countries, documents from, authentication, veto of bill, 209 
 
 Forest, fish and game law, veto of bill amending 206 
 
 Forestry. (See Conservation.) 
 
 Forestry, State College, at Syracuse University, veto of bill... 179 
 
 Foster, Oscar S., appointed delegate 290 
 
 F'owler, Everett, appointed delegate 296 
 
 Fowler, Herbert J., appointed delegate 282 
 
 Franklin, Philip A. S., appointed delegate 276, 290 
 
 Franklin county, sheriff, audit of disbursements, veto of bill... 189 
 
 Frazier, S. Elizabeth, appointed delegate 274, 278 
 
 Prawley, James J., appointed delegate 279, 296 
 
 Fredonia, veto of bill amending charter 191 
 
 Frey, Joseph, appointed delegate 267 
 
 Friedman, Ralph, reprieved 362 
 
 Friends of St. Patrick, address at banquet, Troy 465 
 
 IFrisbie, Daniel D., reappointment as trustee of Schoharie State 
 
 School of Agriculture 245 
 
 appointed delegate '. 267, 279 
 
 Fuhrmann, Louis P., appointed delegate 275, 283, 290 
 
 Furman, Earle, appointed delegate 290 
 
588 INDEX 
 
 PAGE 
 
 Gaffney, James E., appointed delegate 267, 290 
 
 Gaffney, T. M., appointed delegate 273 
 
 Gallagher, Bernard, appointed delegate 290 
 
 Galvin, John F., appointed delegate 267, 290 
 
 Game farms or preserves, veto of appropriation for 125, 170 
 
 Gardiner, Asa Bird, veto of appropriation for 105 
 
 Gardner, Frank S., appointed delegate 276, 290 
 
 Gardner, Harry N., term expired 254 
 
 Gardner, Richard, deceased 246 
 
 Garlock, Harry, commutation of sentence 357 
 
 Gary, Elbert H., appointed delegate 290 
 
 Gaynor, Mayor W. J., letter concerning Governor's Dix's state- 
 ment in Brandt case 377 
 
 Gayton, Edward L., veto of bill for relief of 207 
 
 Gedney, John, commutation of sentence 3S1 
 
 Gelhardt, John H., Jr., appointed delegate 274 
 
 General Assembly of the International Institute of Agriculture, 
 
 appointment of delegates to meeting 298 
 
 General business law, bill amending, emergency message 237 
 
 General city law, veto of bill amending 197 
 
 General municipal law, veto of bill amending 193 
 
 Genesee Falls, assessment and taxation of State lands, veto of 
 
 bill 204 
 
 Geneva, lands under water, veto of bill relating to 214 
 
 taxation, veto of bill relating to 217 
 
 Geppert, William, rendition 389 
 
 Gerry, Elbridge T., appointed delegate 276 
 
 Ghazal, Selim E., commutation of sentence 352 
 
 Gibson, William, commutation of sentence 359 
 
 Gilbert, Benjamin T., appointed delegate , 290 
 
 Gilbert, Frank, appointed delegate 267 
 
 Gilbert, John F., commutation of sentence 351 
 
 Gillespie, George, appointed delegate 271 
 
 Gillespie, T. A., appointed delegate 291 
 
 Gittins, Robert H., appointed delegate 272, 280, 296 
 
 Glens Falls feeder, conversion into canal, bond issue, veto of 
 
 bill 202 
 
 Gloeckner, William C., appointed delegate 291 
 
 Gloversville, veto of bill amending charter 215 
 
 Glynn, Martin H., appointed delegate 267, 291 
 
 Godfrey, Frank N., appointed delegate 264 
 
 Goff, John W., designation to hold Extraordinary Trial Term 
 
 in New York county 310, 311 
 
 Goldwater, S. S., appointed delegate 286 
 
 Gompers, Samuel, appointed delegate 267, 270, 273, 286 
 
INDEX 589 
 
 PAGE 
 Good Roads Association, appointment of delegates to national 
 
 meeting 272 
 
 Goodman, Samuel, commutation of sentence 3S9 
 
 Got creek, veto of appropriation for cleaning out 173 
 
 Gould, G. H. P., appointed delegate 281, 283 
 
 Goulden, Joseph A., appointed delegate 276, 291 
 
 Governors' Conference, Richmond, Va., address at 540 
 
 Gow, Frank F., appointment 250 
 
 Gowanda State Homeopathic Hospital, appointment of manager.. 255 
 
 veto of appropriation 124 
 
 Gowanus Bay, barge canal terminals, bond issue, veto of bill 206 
 
 Grade crossings, recommendations in annual message 57 
 
 veto of appropriation for elmination of 115 
 
 Graham, James G., term expired 253 
 
 Grant, Madison, reappointment 245 
 
 Gratwick, William H., appointed delegate 287, 291 
 
 Graves, John Temple, appointed delegate 267 
 
 Gray, Gerald Hull, appointed delegate 281 
 
 Gray, Henry, commutation of sentence 356 
 
 Great Meadow Prison, recommendationi in annual message 70 
 
 Greater New York charter. {See New York charter.) 
 
 Greeley, Horace, veto of appropriation for monument 170 
 
 Green, L. B., appointed delegate 291 
 
 Greene county, appropriation for markers for soldiers' graves, 
 
 veto of bill 200 
 
 Greenhut, B. J., appointed delegate , 267 
 
 Griffin, Anthony J., appointed delegate 291 
 
 Griffin, Harriet M., term expired 261 
 
 Griffin, John, appointment 246 
 
 Griffing, W. Irving, appointed delegate 283 
 
 Grimes, Rev. John, appointment 259 
 
 Guerin, Theobald M., appointed delegate 263 
 
 Gulick, Luither H., appointed delegate 265 
 
 Gurley, William F., resignation 255 
 
 Hadley, Howard D., appointed delegate 272, 291 
 
 Haflfen, Louis F., appointed delegate 291 
 
 Hahn, Alfred, appointed delegate 276 
 
 Hall, Benjamin E., appointed delegate 274 
 
 Hall, Ernest, appointed delegate 291 
 
 Hall, George A., appointed delegate 263 
 
 Hamilton, Charles M., appointed delegate 272 
 
 Hamilton, Fred, commutation of sentence 354 
 
 . Hamilton College, address at commencement exercises 472 
 
 Hammond, Clark H., appointed delegate 283 
 
59° INDEX 
 
 PAGE 
 
 Hand, Richard L., appointed delegate 287 
 
 appointment to conduct hearings in Brandt case 364 
 
 resignation as coraitnissioner of State Board of Charities 250 
 
 Handy, H. H. S., appointed delegate 291 
 
 Hanson, Merrit D., appointed delegate zgi 
 
 Hanstein, Charles, appointed delegate 263 
 
 Harbor Master for the vicinity of Yonkers and Peekskill, 
 
 appointment 242 
 
 Harbor terminals, acquisition of, veto of bill 175 
 
 Harburger, Julius, letter from Governor relating to elections.... 415 
 
 letter to, respecting prize fight 420 
 
 Hardon, Henry W., term expired 262 
 
 Harlem Prison. {See Wingdale.) 
 
 Harpending, Harry B., appointed delegate 285 
 
 Harpending, Henry C, appointment 244 
 
 Harriman, Mrs. J. Borden, appointed delegate 264 
 
 Harris, Daniel, appointed delegate 263, 267 
 
 Harris, George W., appointed delegate 273, 278 
 
 Harris, Sidney, appointed delegate 272 
 
 Hartigan, John J., appointed delegate 291 
 
 Hart, Charles B., appointed delegate 283 
 
 Hassett, Thomas, appointed delegart:e 276 
 
 Havens, James S., appointed delegate 291 
 
 Haviland, Lyman P., term expired 244 
 
 Hawkins, Jeanette R., resigned 259 
 
 Hay, Mary Garrett, appointment 261 
 
 Hazard, Mrs. Frederick R., appointed delegate 287 
 
 Hazard, Frederick R., appointed delegate 267 
 
 Health Department, veto of appropriation 114 
 
 Health law. {See Public Health law.) 
 
 Health officer. Port of New York, appointment 249 
 
 veto of appropriation for 146 
 
 Healy, Jerome F., appointment 246 
 
 Healy, Timothy, appointed delegate 267 
 
 Hebbard, Robert W., appointed delegate 265, 270, 286 
 
 Hebert, Henry B., appointed delegate 291 
 
 Hefford. Robert R., appointed delegate 291 
 
 Hell Gate Pilot, appointment 253 
 
 Hemingway, Charles H., term expired 248 
 
 Henderson, Gustavus, appointed delegate 274, 278 
 
 Hendrick, Joseph A., appointed delegate 281 
 
 Hepburn, A. Barton, appointed delegate 267, 276, 291 
 
 Herbert, Henry B., appointed delegate 276 
 
 Herkimer county, sheriff, message to 429 
 
 letter from 431 
 
INDEX 591 
 
 PAGE 
 
 Herrick, Frank C, appointed delegate 291 
 
 Hessberg, Mrs. Albert, appointed delegate 286 
 
 Hester, William, appointed delegate 291 
 
 Hewitt, Mrs. Abram S., telegram from Governor, relating to 
 
 Titanic disaster 416 
 
 Heydecker, Edward L., appointed delegate 274 
 
 Hicks, Kate, pardoned 351 
 
 Higgins, Thomas J., appointed delegate 291 
 
 Highway bills, special, vetoed 184 
 
 Highway Department, statement concerning management 553 
 
 veto of appropriation 134, 150 
 
 Highway law, bill amending, emergency message 236 
 
 veto of bill amending 155, 184, 192, 193, 19s, 200, 206, 212 
 
 Highways, appropriation approved 221 
 
 bonds for improvements, bill approved 225 
 
 recommendations in annual message 41 
 
 State superintendent, appointment 247 
 
 Hildreth, J. Homer, appointed delegate 276, 291 
 
 Hill, Henry W., appointed delegate 291 
 
 Hill, John, pardoned 349 
 
 Hill, William R., appointed delegate 275 
 
 Hills, F. H., appointed delegate 285 
 
 Hinckley, Mary, appointment 261 
 
 Hine, Walter C, appointed delegate 272 
 
 Hitchcock, Frank H., letter to, relative to designation of post 
 
 roads 427 
 
 Hoadley, Charles E. L. M., veto of bill confirming official act of, 210 
 
 Hodgman, J. E., appointed delegate 297 
 
 Hodson; Devoe P., appointed delegate 275 
 
 Hoefer, Herman W., appointment as State Architect 253 
 
 Hogan, John W., appointed delegate 271, 283, 287, 291 
 
 Home rule for cities and villages, recommendations in annual 
 
 message 45 
 
 Homer, William J., appointed delegate .' 284 
 
 Hone, Joseph B., reappointment 260 
 
 Honorary appointments 262 
 
 Hooper, Franklin W., appointment 243 
 
 Hooper, Robert P., appointed delegate 262 
 
 Hoover, M. H., appointed delegate 283 
 
 Horton, Loton, appointed delegate 285 
 
 Hotchkiss, William Horace, expiration of term as Superintend- 
 ent of Insurance 249 
 
 letter from r.- 312 
 
 Hottenroth, Fred W., appointed delegate 291 
 
 Houston, Herbert S., appointed delegate 271 
 
592 INDEX 
 
 PAGE 
 
 Howe, Frederic C, appointed delegate 283 
 
 Hoyt, Albert E., appointed delegate 283 
 
 Hoyt, Colgate, appointed delegate 267 
 
 Hoyt, William B., appointed delegate 298 
 
 Hubbell, George L., appointment 246 
 
 Huber, Joseph, appointed delegate 291 
 
 Hudson river, bridges crossing, veto of appropriation for.. 172, 173 
 
 relieving flood conditions, veto of appropriation 135 
 
 Hudson River State Hospital, appointment of managers 255 
 
 Hulberg, Frederick, term expired 242 
 
 Hunt, John F., appointment 246 
 
 Hupfel, Adolph G., appointed delegate 291 
 
 Huppuch, Winfield A., appointment as member of Panama- 
 Pacific Exposition Commission 242 
 
 resignation as Public Service Commissioner 250 
 
 Huson, Calvin J., appointment as Commissioner of Agriculture, 247 
 
 appointed delegate 285, 298 
 
 letter to 414 
 
 Hutchings, James T., appointed delegate 291 
 
 Hyde, George, commutation of sentence 35& 
 
 Hygiene and Demography, appointment of delegates to inter- 
 national congress 264 
 
 Ilion, establishment of a municipal commission, veto of bill.... 212 
 Industrial accidents. (See Workmen's compensation law.) 
 
 Insane, care of, recommendation in annual message 71 
 
 (See also Alien insane.) 
 
 Insanity law, bill amending, emergency message 236 
 
 Insurance, recommendations in annual message 58 
 
 Insurance, Superintendent, appointment 249 
 
 Insurance law, bill amending, emergency message 236 
 
 veto of bills amending 210, 211 
 
 Investigations: 
 
 alien insane 326, 329 
 
 Brandt case 364, 365 
 
 Buffalo, abandoned canal 331, 332 
 
 Lunacy Commission 327 
 
 Prison Department, sales agent 338 
 
 Irrigation Congress, Salt Lake City, Utah, address read at 517 
 
 Irving, John J., appointed delegate 283 
 
 Irving, W. Van Rensselaer, appointed delegate 272 
 
 Irwin, Roscoe, appointed delegate 291 
 
 Iselin. Adrian, appointed delegate 279 
 
 Ives, Martin Van Buren, term expired 260 
 
INDEX 593 
 
 PAGE 
 
 Jackson, Attorney-General, expenses, veto of bill 102 
 
 Jackson, Edward D., appointed delegate 267, 273 
 
 Jacobson, Frank A., appointment 253 
 
 Jaeger, Louis, appointed delegate 291 
 
 Jaggers, A. H., appointed delegate 291 
 
 Janvrin, George M., appointment 248- 
 
 Jay, William, appointed delegate 281, 297 
 
 Jefferson county, district attorney, charges against 317 
 
 Jeffersonville, churches, veto of bill relating to consolidation... 196 
 
 Jeffreys, Lemuel A., term of office expired 241 
 
 Jenkins, James, appointed delegate 281 
 
 Jenks, Jeremiah W., appointed delegate 267 
 
 Johns, William, appointed delegate 272 
 
 Johnston, John C., appointed delegate 263 
 
 Johnstown, proclamation ordering special election for alderman 
 
 of Second ward 14 
 
 veto of bill amending charter 193 
 
 Jones, Israel C, appointed delegate 291 
 
 Jones, J. Harris, appointed delegate 291 
 
 Jones, Lewis, appointed delegate 272 
 
 Jones, Nathan S., appointed delegate 292 
 
 Jones, William B., appointed delegate 275, 292 
 
 Jones, William H., appointment 249 
 
 Jordan, Peter, commutation of sentence 356, 381 
 
 Jordan, W. H., appointed delegate 285 
 
 Judd, Mrs. Alice L., appointed delegate 278 
 
 Judiciary law, veto of bills amending 189, 190, 195, 198, 201, 207 
 
 Jurors, exemption, veto of bill 198 
 
 Kaiser, Harry M., appointed delegate 284 
 
 Kasting, William F., appointed delegate 275 
 
 Katz, Jacob, appointed delegate 270, 281 
 
 appointment as State hospital manager 256 
 
 Keener, William A., term expired 256 
 
 Keiser, Arthur, commutation of sentence 358 
 
 Kelley, Mrs. Florence, appointed delegate 263, 273 
 
 Kellogg, O. U., appointed delegate 283, 285 
 
 Kelly, James K, appointed delegate 281 
 
 Kelly, William A., appointment 259 
 
 Kelly, William H., appointed delegate 292 
 
 Kennedy, George H., term expired 254 
 
 Kennedy, John S., appointed delegate 284 
 
 Kennerly, Bryan L., appointed delegate 281 
 
 Kent, A. B., appointed delegate 297 
 
 Kernan, John D., appointed delegate 267, 277, 292, 298. 
 
594 INDEX 
 
 PAGE 
 
 Kerr, John B., appointed delegate 292 
 
 Kessinger, A. C, appointed delegate 277, 283, 292 
 
 Ketchum, George F., appointed delegate 281 
 
 Keuka College, State school of agriculture, veto of appropriation. . 177 
 
 Kilmer, Nelson B., appointed delegate 292 
 
 Kings county, building for storing certain records, veto of bill.. .. 215 
 
 commissioner of records, veto of bill 208 
 
 register, employees, veto of bill 209 
 
 surrogate's court, clerks, veto of bill 200 
 
 Kings Park State Hospital, appointment of managers 255 
 
 veto of appropriation 166 
 
 Kingsbury, John A., appointed delegate 286 
 
 Kingston, veto of appropriation for purchase of land adjoining 
 
 armory 173 
 
 Kirkbride, Franklin B., appointed delegate 267, 270 
 
 Kirkbride, Thomas W., revocation of warrant for rendition.. .. 393 
 
 Kleinert, Albert E., appointed delegate 292 
 
 Knapp, H. Jason, appointed delegate 283 
 
 Knapp, Lucien, appointed delegate 292 
 
 Knickerbocker, Edwin S., appointed delegate 281 
 
 Knox, Arthur, appointed delegate 292 
 
 Knox, Herbert A,, appointed delegate 292 
 
 Knox, P. C, letter from 409 
 
 Knox's headquarters, New Windsor, veto of appropriation 176 
 
 Kraft, John E., appointed delegate 292 
 
 Kuhn, Jacob, reprieved 362 
 
 Kuntz, Louis F., appointed delegate 292 
 
 Labor Department, veto of appropriation 145 
 
 Labor law, recommendations in annual message 29 
 
 bill amending approved 229 
 
 veto of bills amending 158, 161, 191, 202 
 
 Lake Erie, celebration of one hundredth anniversary of battle of, 
 
 veto of appropriation I77 
 
 Lake Mohonk, address at conference 530 
 
 Lamarco, Joseph, Jr., commutation of sentence 353 
 
 Lambert, John S., designation as Supreme Court justice 302, 303 
 
 Land Office Commissioners, appropriation approved 222 
 
 Lands. (See Public lands.) 
 
 Landsburg, Max, appointed delegate 287 
 
 Larmcmth, Laura K., reappointment 255 
 
 Lathwell, Albert, pardoned . . . .' 349 
 
 Law Library, Norwich, veto of appropriation for 113 
 
 Lawrence, Orrin, S., pardoned 349 
 
 Lawrence, Richard W.. appointed delegate 292 
 
INDEX 595 
 
 PAGE 
 
 Lawson, Joseph A., appointment 241 
 
 Legal notices, fees for publication, veto of bill 191 
 
 Legislative law, veto of bill amending 212' 
 
 Legislature, appropriation approved 222 
 
 bill drafting department, veto of appropriation 107 
 
 clerk's account, veto of appropriation 96 
 
 contingent expenses, veto of appropriation 107 
 
 Lennon, James T., appointed delegate 277 
 
 Leonard, Edgar C, reappointment 241 
 
 Leonard), Nettie M., appointed delegate 285 
 
 Lester, Charles C 241 
 
 LetcJhworth Village, appointment of manager 259 
 
 veto of appropriation 165 
 
 Lewis, Clifford, appointed delegate 292 
 
 Lewis, George A., term expired 251 
 
 Lewis, Georgine, appointed delegate 278 
 
 Lewis, Orlando F., reappointment 258 
 
 Liquor tax law, bill amending, emergency message 238 
 
 proposed changes, recommendations in annual message 69 
 
 Little Falls matter, statement in regard to 428 
 
 letters from mayor 430, 432 
 
 message to mayor 429 
 
 telegram from William Yates 434 
 
 Local administration, efficiency, recommendations in annual 
 
 message 48 
 
 Lockport, bridge crossing barge canal, veto of bill relating to.. .. 178 
 
 Locktenders on canals, wages, veto of bill 181 
 
 Long, James L., appointed delegate 280 
 
 Long Island State Hospital, appointment of managers 255 
 
 Longstreth, Howard, appointed delegate 262 
 
 Loomis, William W., appointed delegate 292- 
 
 Loughran, James F., appointed delegate 296 
 
 Lovejoy, Nathan T., appointed delegate 281 
 
 Lovejoy, Owen R., appointed delegate 265 
 
 Low, Seth, appointed delegate 266, 270, 292 
 
 Lowenstein, Solomon, appointed delegate 267 
 
 Ludden, Rev. Patrick A., resigned 259 
 
 Lufkin, Daniel L, commutation of sentence 355 
 
 Lunacy Commission. (.See State Hospital Commission.) 
 
 Lynn, John D., appointed delegate 292 
 
 Lyon, Frank D., appointed dtlegate 281, 297 
 
 Lyon, George F., designation as Supreme Court justice 301 
 
 McAdoo, William G., appointed delegate 276, 292 
 
 McAnarney, Thomas W., reappointment 253 
 
596 INDEX 
 
 PAGE 
 
 McCabe, William A., appointed delegate 285 
 
 McCale, Mary, appointed delegate 264 
 
 McCall, James, appointed delegate 292 
 
 McCann, Henry J., appointment as member of Board of Parole, 251 
 
 appointed delegate 271, 285 
 
 McCarroll, William, term expired 249 
 
 McCarthy, Dennis, expiration of term as Fiscal Supervisor 251 
 
 appointed delegate 271 
 
 McClary, Martin E., reappointment 260 
 
 McClennahan, James, appointed delegate 279 
 
 McClintock, J. Y., appointed delegate 297 
 
 McCluskey, Rev. Thomas J., appointed delegate 267 
 
 McCormick, J. H., appointed delegate 275 
 
 McCormick, Patrick H., appointed delegate 267 
 
 McDonald, Hugh, commutation of sentence 3S6, 381 
 
 McDonald, James C, reappointment as Commissioner of Board 
 
 of Claims 252 
 
 appointed delegate 279 
 
 McDonnell, P. J., appointed delegate 284 
 
 McEwan, James B., appointed delegate 275 
 
 McFarland, Robert J., appointed delegate 292 
 
 McGarr, Timothy E., appointed delegate 265 
 
 McGill, T. O., appointed delegate 276 
 
 McGoldrick, Michael F., appointment 256 
 
 McGuire, Horace, appointed delegate 287 
 
 Mack, Norman E., appointment as member of Panama-Pacific 
 
 Exposition Commission 242 
 
 appointed delegate 268, 292 
 
 McKee, James R., appointed delegate 276 
 
 McKinney, Edward N., appointed delegate 27s, 292 
 
 McKinny, Alexander, appointment 255 
 
 McLarney, James J., appointment 241 
 
 McLaughlin, H. A., appointed delegate 280 
 
 McLean, Arthur A., appointment as member of Panama-Pacific 
 
 Exposition Commission 242 
 
 appointed delegate 279 
 
 McLean, Arthur A., Jr., appointed delegate 292 
 
 McMahon, John D., report of investigation of affairs of sales 
 
 agent in Prison department 338 
 
 McManus, Thomas J., appointed delegate 280 
 
 McMillin, Emerson, appointed delegate 267 
 
 McMurray, Frank Morton, appointment 262 
 
 McNamee, John, term expired 253 
 
 McNulty, William D., appointed delegate 267 
 
 Macomber, Susan G., pardoned 35c 
 
INDEX 597 
 
 PAGE 
 
 Macy, V. Everit, appointed delegate 268 
 
 Mahpn, William, appointment 247 
 
 Maine, United States battleship, burial, proclamation relating to, 7 
 
 Malcolm, James, appointment 244 
 
 deceased 244 
 
 Malin, John H., appointed delegate 268 
 
 Mallory, William A., Jr., appointed delegate 279, 281 
 
 Manhattan State Hospital, appointment of managers 256 
 
 Manning, William H., appointment 242 
 
 Manufacturing. (See Factory investigation.) 
 Manufacturing corporations, taxation, recommendations in an- 
 nual message S3 
 
 Marks, Marcus M., appointed delegate 268 
 
 Marriage of minors, veto of bill 189 
 
 Marsden, Christopher, term expired 248 
 
 Marshall, Velona A., deceased 246 
 
 Marshall. W. H., appointed delegate 268 
 
 Mason, John A., appointment 247 
 
 Mathewson, Douglas, appointed delegate 292 
 
 May, James V., appointment to examine James Williams 247 
 
 reappointment as State Hospital Commissioner 247 
 
 appointed delegate 265, 270, 287 
 
 May, Zena, pardoned 351 
 
 Mayer, Attorney-General, expenses, veto of bill 102 
 
 Mayer, Joseph B., appointment 242 
 
 Meachem, Thomas, appointed delegate 277, 292 
 
 Mead, S. Christy, appointed delegate 292 
 
 Mead, Winslow M., appointment 245 
 
 Mealey, John H., appointed delegate 284 
 
 Meat inspection, recommendations in annual message 41 
 
 Medical Education and Legislation, appointment of delegate to 
 
 special conference 264 
 
 Medical examination of children, veto of bill 212 
 
 Melville, Henry, appointed delegate 284 
 
 Membership corporations law, veto of bill amending 201 
 
 Memoranda filed with bills not approved. (See Vetoes.) 
 Memoranda on approved bills. (See Approved bills, memo- 
 randa filed with.) 
 
 Mennell, William pardoned 350 
 
 Merrell, Edgar S. K., designation to hold extraordinary trial 
 
 term in Albany county 3og 
 
 Merritt, Edwin A., Jr., appointed delegate 268, 279, 296 
 
 39 
 
598 INDEX 
 
 Message, annual: page 
 
 agriculture 4° 
 
 Athletic Commission bill, repeal 29 
 
 Banking department 6$ 
 
 canals 6/ 
 
 Capitol reconstruction 61 
 
 charitable institutions 73 
 
 Civil Service 34 
 
 Cold storage law 68 
 
 conservation 36 
 
 contagious diseases 69 
 
 corporations, reorganizing 55 
 
 corrupt practices at elections, prevention of 26 
 
 debt. State 20 
 
 direct nominations 24 
 
 education '62 
 
 Education building 64 
 
 excise 69 
 
 Factory Investigating Commission 31 
 
 finances 17 
 
 grade crossings 57 
 
 highways 41 
 
 home rule for cities and villages 45 
 
 insane, care of 7i 
 
 insurance S8 
 
 Labor law 29 
 
 local administration, efficiency 48 
 
 need of additional revenues 21 
 
 primaries 24 
 
 prisons 70 
 
 reformatory institutions 73 
 
 . sinking funds 20 
 
 State office building, new 60 
 
 taxation 49 
 
 taxation of manufacturing corporations 53 
 
 water companies, private, regulation 56 
 
 Workmen's compensation law 29 
 
 Messages, emergency, with bills relating to : 
 
 appropriation bill 237 
 
 banking law, bill amending 236 
 
 direct tax law 235 
 
 Education building, furnishing 236 
 
 election law, bill amending 238 
 
 fire marshal 236 
 
 general business law, bill amending 237 
 
INDEX 599 
 
 Messages, emergency, with bills relating to — Continued page 
 Harlem prison at Wingdale, abandonment of plans for con- 
 struction 237 
 
 highway law, bill amending 236 
 
 insanity law, bill amending 236 
 
 insurance law, bill amending 236 
 
 liquor tax law, bill amending 238 
 
 New York city, arsenal lands and buildings 238 
 
 Panama-Pacific International Exposition at San Francisco, 
 
 Cal 23s 
 
 rapid transit railways, cities 235 
 
 real property law, amendment 237 
 
 St. Johnsville, municipal board 236 
 
 State institutions, appropriations 237 
 
 State library, appropriations for re-establishment 236 
 
 supply bill 23-/ 
 
 tax law, amendment 1 23s 
 
 tenement house law, amendment 235 
 
 weight and measures 237 
 
 Messages, special, relating to : 
 
 direct primary law, enactment 79 
 
 New York City, primary election, irregularities 82 
 
 taxation, direct tax . . . .■ 80 
 
 Wingdale prison, abandonment of 75 
 
 Messages, veto. (See Vetoes.) 
 
 Metz, Herman A., reappointment as Commissioner of State Board 
 
 of Charities 250 
 
 appointed delegate 270, 276, 286, 292 
 
 Metzner, Martin, appointment 254 
 
 Middletown State Homeopathic Hospital, appointment of managers . 254 
 
 veto of appropriation 167 
 
 Military law, veto of bills amending 200, 202 
 
 Milk, sale of, veto of bill 153 
 
 Miller, Elihu S., term expired 244 
 
 Mills, Frederick H., investigation of affairs as sales agent, State 
 
 Prison Department 338 
 
 Millward, Victor E.. commutation of sentenca 358 
 
 Minnesota Conservation and Agricultural Development Con- 
 gress, appointment of delegates to 287 
 
 Minors, hours of labor, bill approved 229 
 
 Miscellaneous reporter, appointment 241 
 
 Mississippi Valley floods, proclamation relating to 8 
 
 Mitchell, John, appointed delegate 268 
 
 Mohansic State Hospital, appointment of managers 256 
 
 recommendation in annual message 72 
 
 Mohawk river, bridges over, veto of appropriation . 174, 175, 176, 177 
 
600 INDEX 
 
 PAGE 
 
 Mollenhauer, Frederick, appointed delegate 292 
 
 Monroe county, purchasing agent, appointment 246 
 
 Montour Falls, State school of agriculture at Cook Academy, 
 
 veto of bill 170 
 
 Mooer's Junction, St. Joseph's Catholic church, conveyance of 
 
 property, veto of bill 193 
 
 Moon, Sherifif, letter from 431 
 
 Mooney, Joseph F., appointed delegate 268 
 
 Moore, Charles A., appointed delegate 268 
 
 Moore, Frank L., letter to 424 
 
 Moore, Henry Louis, appointed delegate 276 
 
 Moore, J. Hampton, letter to, extending invitation to Atlantic 
 
 Deeper Waterways Association 419 
 
 Moore, John D., reappointment as Conservation Commissioner, 252 
 
 appointed delegate 279, 282, 298 
 
 Moore, William H.. appointed delegate 281 
 
 Moran, Eugene F., appointed delegate 292 
 
 Morey, David, appointment 260 
 
 Morgan, O. S., appointed delegate 285 
 
 Morgenthau, Henry, appointed delegate 268, 276, 292 
 
 Moriarty, Edward T., appointment 256 
 
 Morrell, Lewis L., term expired , 244 
 
 Morris, Henry Lewis, appointed delegate 292 
 
 Morrissey, William J., appointed delegate 296 
 
 Moscrip, Ransom S., removed from county 246 
 
 Moskowitz, Henry, appointed delegate 270, 273 
 
 Mount Vernon, armory, veto of bill 169 
 
 Mulry, Thomas M., appointed delegate 268. 270, 286 
 
 Municipal law. (See General municipal law.) 
 Municipal self-government, recommendations in annual mes- 
 sage 46 
 
 Murphy, Daniel B., appointed delegate 293 
 
 Murphy, John J., appointed delegate 274 
 
 Murray, Edward F., appointed delegate 293 
 
 Murray, John F., appointment as trustee of State School of 
 
 Agriculture 243 
 
 appointed delegate 276 
 
 Murray, Michael J., appointed delegate 296 
 
 Murtaugh, John F., appointed delegate 272, 280, 297 
 
 Muschenheim, William C, appointed delegate 268 
 
 Myer, Henry A., appointed delegate 293 
 
 Myers, John R., appointed delegate 293 
 
 National Civic Federation, delegates to annual meeting 266 
 
 National Conservation Congress, appointment of delegates to.. 282 
 
INDEX 6oi 
 
 PAGE 
 
 National Guard of the State of New York, Major-General, ap- 
 pointment 253 
 
 veto of appropriation 122 
 
 National Irrigation Congress, appointment of delegate to 
 
 meeting 277 
 
 National Rivers and Harbors Congress, appointment of dele- 
 gates to 288 
 
 Navigation law, veto of bill amending 199 
 
 Negro National Educational Congress, appointment of dele- 
 gates 273 
 
 Nelson, Richard H., appointed delegate 279 
 
 New Rochelle, veto of bill amending charter 201 
 
 New Windsor, Knox's headquarters, veto of appropriation 176 
 
 New York (city): 
 
 arsenal lands and buildings, emergency message 238 
 
 boroughs of Manhattan and Bronx, transfers by surface 
 
 railroads, veto of bill 182 
 
 court of general session, veto of bill 217 
 
 Fink, Henry C, pension of, veto of bill 216 
 
 Fourth Avenue Presbyterian church, veto of bill changing 
 
 name of 157 
 
 grade crossings, awarding damages, veto of bill 197 
 
 inferior courts act, veto of bill amending 212 
 
 municipal court, veto of bill 216 
 
 police conditions, letter from Rev. C. H.-Parkhurst 417 
 
 Governor Dix's reply to 418 
 
 primary election, irregularities, special message 82 
 
 refund of taxes, veto of bill 216 
 
 statutes, digest, veto of appropriation 109 
 
 Voorhis, John R., compensation of, veto of bill 213 
 
 New York (city) — charter: 
 veto of bills amending: 
 
 assessments for local improvements 217 
 
 bureau of buildings, board of examiners of 214 
 
 coroners' officers and subordinates 211 
 
 officers, clerks and employees, retirement 215 
 
 suspension upon charges 195 
 
 pension fund for department of correction 217 
 
 pensions of members of fire department 214 
 
 pensions to members of police force 218 
 
 police commissioner's powers in respect to obstruc- 
 tions to navigation 214 
 
 steam boilers, inspection of 214 
 
 telegraph service of the fire departme'it 197 
 
602 INDEX 
 
 New York (county) : page 
 
 counsel to county clerk, veto of bill I94 
 
 counsel to the register, veto of bill 198 
 
 court house, veto of bill 214 
 
 court of general sessions of the peace, stenographer's com- 
 pensation, veto of bill 190 
 
 extraordinary trial term of Supreme court 310, 311 
 
 salaries of deputy clerks, veto of bill 194 
 
 sheriff, letter to 415 
 
 New York Agricultural Experiment Station, Geneva, appointment 
 
 of trustees 244 
 
 veto of appropriation 120, 169, 174 
 
 New York Monuments Commission, veto of appropriation.... 130 
 New York State College of Forestry at Syracuse University, 
 
 appointment of trustee 252 
 
 New York State Custodial Asylum for Feeble-Minded Women, 
 
 appointment of manager 261 
 
 New York State Hospital for the Care of Crippled and DeformeJ 
 
 Children, appointment of manager 262 
 
 veto of appropriation 178 
 
 New York State Hospital for the Treatment of Incipient Pulmon- 
 ary Tuberculosis, appointment of trustees 260 
 
 New York State Normal College, veto of appropriation for pur- 
 chase of land 173 
 
 New York State Reformatory for Women, appointment of 
 
 manager 261 
 
 New York State School of Agriculture, Long Island, bill estab- 
 lishing approved 226 
 
 appointment of trustees 243 
 
 New York State School of Agriculture, Morrisville, appointment 
 
 of trustees , 251 
 
 New York State Training School for Boys, acquisition of lands, 
 
 veto of bill 212 
 
 appointment of managers 257 
 
 New York State Training School for Girls, appointment of 
 
 ■ managers 261 
 
 New York State Woman's Relief Corps Home, appointment of 
 
 manager 259 
 
 Newark, veto of appropriation relating to sewer system 170 
 
 Newbern, North Carolina, National cemetery, veto of appropriation 
 
 for monument 131 
 
 Newburgh, appropriation and expenditure of moneys, veto of bill, 218 
 
 armory building, veto of appropriation 178 
 
 street improvements, veto of bill igg, 216 
 
 veto of bill amending charter 217 
 
 Newell, Edgar A., appointed delegate 283 
 
INDEX 603 
 
 PAGE 
 
 Newell, William, appointed delegate 284 
 
 Newspapers, designation for publication of session laws, vetb of 
 
 bill 201 
 
 Newtown Battlefield Monument, Elmira, address at dedication. 495 
 
 Niagara Falls, illumination, veto of appropriation for 208 
 
 Niagara Falls city, grade crossing commissioners, veto of bill.. .. 210 
 
 veto of bill amending charter 197 
 
 Niks, William W., appointed delegate 293 
 
 Nissen, Ludwig, appointed delegate 293 
 
 Nixon, Lewis, appointed delegate 268, 276, 283, 293 
 
 Normal schools, salaries of teachers, veto of bill 169 
 
 Norris, E. B., appointed delegate 285 
 
 Norris, Edward, appointed delegate 293 
 
 North, Charles H., appointed delegate 285 
 
 North, Frank Mason, appointed delegate 268 
 
 Northern New York Institution for Deaf Mutes, veto of ap- 
 propriation 118 
 
 Northrup, Fred, appointed delegate 273 
 
 Oakes, Frank S., appointed delegate 293 
 
 O'Brien, Michael J., appointed delegate 263 
 
 Ochs, Adolph S., appointed delegate 263 
 
 O'Connell, Joseph J., appointment 249 
 
 Office building. {See State office building.) 
 
 Ogdensburgh, central fire station, veto of bill 216 
 
 O'Gorman, James A., appointed delegate 266, 278, 288, 297 
 
 O'Hanlon, John M., appointed delegate 273 
 
 Oil Creek reservoir, repairing, veto of appropriation 135 
 
 O'Keefe, John G., reappointment 258 
 
 Glean, State armory, veto of bill 169 
 
 Olmsted, John B., term expired 250 
 
 Olsen, Ludwig, application for cancellation of tax sale, veto of bill. 208 
 
 O'Malley, Attorney-General, expenses, veto of bill 102 
 
 Omnibus city bills, special city bills not accepted by cities in 
 
 question '. 213 
 
 Omnibus veto- 188 
 
 O'Neil, Frank, letter to, respecting prize fight 421 
 
 Oneonta, veto of bill amending charter 200 
 
 Onondaga county, collection of taxes, veto of bill 209 
 
 sheriff, appointment 245 
 
 charges against 323 
 
 removed from office 325 
 
 O'Rourke, John F., appointed delegate 293 
 
 Orr, Alexander E., reappointment 255 
 
604 INDEX 
 
 PAGE 
 
 O'Ryan, John F., appointment as Major-General 253 
 
 retired 254 
 
 statement concerning removal 403 
 
 Osborn, William Church, appointed delegate 263, 264, 268, 279, 
 
 282, 28s, 286, 297 
 
 Oswego, public park, veto of appropriation for 171 
 
 veto of bills amending charter 197, 215 
 
 Oswego canal, irnprovement, bond issue, veto of bill 203 
 
 Oswego county, collection of taxes, veto of bill 193 
 
 district attorney, order of Governor dismissing charges 343 
 
 Palisades Interstate Park, appointment of commissioners 252 
 
 veto of appropriation 129 
 
 Palmer, George M., appointed delegate 268 
 
 Palmyra, barge canal terminal, veto of bill 198 
 
 Panama-Pacific Exposition, appropriation approved 222 
 
 bill relating to, emergency message 235 
 
 Panama-Pacific Exposition Commission, appointment of members. 242 
 Pardons : 
 
 Bon, Louis F 350 
 
 Chapelle, Mary 349 
 
 Coco', Peter M 350 
 
 Coyle, Thomas 350 
 
 Doti, Pasquale 350 
 
 Hicks, Kate 351 
 
 Hill, John 349 
 
 Lathwell, Albert 349 
 
 Lawrence, Orrin S 349 
 
 Macomber, Susan G 350 
 
 May, Zena 351 
 
 Mennell, William 350 
 
 Patrick, Albert T 351 
 
 Proper, Mary 350 
 
 Rappleye. Henry 350 
 
 Regan, Martin 349 
 
 Valentine, Benjamin R 349 
 
 Wilkes, Harry 350 
 
 Wright, Charles H 349 
 
 Pardons, veto of bill relating to 154 
 
 Parker, Alton B., appointed delegate 266, 270, 297 
 
 Parker, Amasa J., appointed delegate 279, 297 
 
 Parker, Fred H., appointment as member of State Hospital 
 
 Commission 248 
 
 statement by Governor Dix in relation to 401 
 
 Parker, George M., appointment 262 
 
INDEX 605 
 
 PAGE 
 
 Parkhurst, Rev. C. H., letter from concerning police conditions 
 
 in New York city 417 
 
 Governor Dix's reply to 418 
 
 Parole Board, appointment of members 251 
 
 Parsons, Fay C, appointed delegate 281, 296 
 
 Partridge, John N., appointment 245 
 
 Pasquinelli, Ulysse, commutation of sentence 355 
 
 Patrick, Albert T., pardoned 351 
 
 Patten, B. M., appointed delegate 297 
 
 Patterson, Frank M., appoi:ited delegate 279, 296 
 
 Peabody, Frederick P., appointed delegate 268 
 
 Peabody, George Foster, appointment 242 
 
 declined appointment 242 
 
 appointed delegate 268, 279, 282, 295 
 
 Peace officers, veto of bill relating to 208 
 
 Pearson, Raymond A., appointed delegate 280 
 
 resignation as Commissioner of Agriculture 247, 412 
 
 reply of Governor to letter of 413 
 
 Pearson, T. Gilbert, appointed delegate 284 
 
 Peck, Duncan W., appointment as Superintendent of Public 
 
 Works 248 
 
 appointed delegate 278 
 
 Peck, H. R., appointed delegate 293 
 
 Peconic river, veto of appropriation for deepening chan-.iel. . . . 171 
 
 Penal law, veto of bill amending 211 
 
 Penny, Thomas A., appointed delegate 293 
 
 Pensions, teachers institute conductors, veto of bill 203 
 
 Perkins, Edward E., appointed delegate 28a 
 
 Perkins, Frances, appointed delegate 275 
 
 Perkins, George W., appointed delegate 264, 268, 293; 
 
 Perren, Abraham E., term expired 249) 
 
 Perry's Victory Centennial Commission, veto of bill relating to, 177 
 
 Personal injury, actions for, veto of bill relating to 1601 
 
 Personal property law, veto of bill amending 205; 
 
 Peterson, Frederick, reappointment 259 
 
 Philadelphia, supervisor of town, charges against 317 
 
 Philbin, Eugene A., appointed delegate 271 
 
 Philipse, Philip, appropriation for settling claims approved.... 222 
 
 Phillips, Cyrus W., appointed delegate 268, 273 
 
 Phillips, N. Taylor, appointed delegate 271, 276, 286 
 
 Piambino, Michael, commutation of sentence 360 
 
 Pierce, Franklin, appointed delegate 268 
 
 Piermont, removal of portion of dock or pier, veto of bill. .164, 172 
 
 Piper, Edwin S., appointed delegate 293 
 
 Plattsburgh, address at 487 
 
6o6 INDEX 
 
 PAGE 
 
 Plaut, Leopold, appointed delegate 286 
 
 Pomona Grange, Kingston, address at meeting 489 
 
 Poole, Charles H., appointed delegate 293 
 
 Poor law, veto of bills amending I94. 204 
 
 Port of New York, appointment of port wardens 248 
 
 special port warden, appointment 248 
 
 Port of New York, Health Officer, appointment 249 
 
 veto of appropriation 146 
 
 Port wardens, veto of appropriation for 116 
 
 Porter, Alexander J., appointed delegate 268 
 
 Porter, Eugene H., appointed delegate 265 
 
 Post, Howard Franklin, commutation of sentence 3S9 
 
 Post roads, letter to Frank H. Hitchcock and James Wilson, 
 
 regarding 427 
 
 Potsdam State Normal and Training School, veto of appropria- 
 tion 180 
 
 Potter, Eliphalet N., appointment 257 
 
 Power plant, appropriation approved 221 
 
 Pratt, Frederic B., appointment 243 
 
 declined appointment 244 
 
 Pratt, Sereno S., appointed delegate 293 
 
 Prennen, T. M., appointed delegate 297 
 
 Prescott, Charles A., removed from office 246 
 
 Price, George, appointed delegate 293 
 
 Primaries, recommendations in annual message 24 
 
 message favoring enactment of law 79 
 
 New York city, alleged irregularities, special message 82 
 
 Prince, Samuel, appointed delegate 273 
 
 Prison Association of New York, letter from Secretary 411 
 
 Prison law, veto of bills amending 154, 212 
 
 Prisons, recommendation in annual message 70 
 
 appointment of Commissioners 252 
 
 appropriation approved 221 
 
 investigation of affairs of sales agent 338 
 
 Prisons, New, Commission, veto of appropriation 122 
 
 Prize fight, letters to Sherifif Harburger, District Attorney 
 
 Whitman and Frank O'Neil, respecting 420 
 
 Probation Commission, appointive members 241 
 
 veto of appropriation 124 
 
 Proclamations: 
 
 China, flood and famine. 5 
 
 fire prevention. State, day for g 
 
 Johnstown, ordering special election for alderman of sec- 
 ond ward -. 14 
 
 Maine, United States battleship, burial 7 
 
INDEX 607 
 
 Proclamations — Continued page 
 
 Mississippi Valley floods 8 
 
 Senate, ordering special election in 14th district 6 
 
 Sherman, James S., death 11 
 
 Thanksgiving 12 
 
 Proctor, Maria W., appointment 259 
 
 Proctor, Thomas R., appointed delegate 277 
 
 Proper, Mary, pardoned 350 
 
 Pruyn, Charles E., appointed delegate 277, 284 
 
 Public health law, veto of bill amending 159 
 
 Public lands law, vetO' of bills amending 204, 208 
 
 Public Service Commission, First District, appointment of 
 
 commissioner 249 
 
 veto of appropriation 115 
 
 Public Service Commission, Second District, appointment of 
 
 commissioner 250 
 
 rejection of nomination of Herbert P. Bissell, statement 
 
 by Governor Dix in relation to 400 
 
 veto of appropriation 115 
 
 Public Service Commissions Law, proposed amendment, rec- 
 ommendations in annual message $6 
 
 veto of bill amending 204 
 
 Public Works Department, veto of appropriation 139, 150 
 
 Public Works, Superintendent, appointment 248 
 
 Pugsley, Cornelius A., appointed delegate 293 
 
 Purdy, Albert, commutation of sentence 352 
 
 Purdy, Henry, commutation of sentence 352 
 
 Purdy, Isaac, reappointment 257 
 
 Purdy, Lawson, appointed delegate 274 
 
 Queens county, district attorney, proceedings for removal 33^ 
 
 opinion, determination and order o£ Governor dismissing 
 
 charges 335; 
 
 office of county clerk, bill approved 231 
 
 office of district attorney, veto of bill 21S; 
 
 Quigley, Thomas L., appointed delegate 293; 
 
 Quinn, Thomas J., appointed delegate 293: 
 
 Radowitz, George von, commutation of sentence 357 
 
 Raflferty, John T., resigned 255 
 
 Railroad law, veto of bills amending 181, 191 
 
 Ramusen, August, commutation of sentence 35a 
 
 Ransom, Matt C, appointment 257 
 
 Rapelje, A. C, appointed delegate 29^ 
 
 Rapid transit railways in cities, bill providing for, emergency 
 
 message 335 
 
6o8 INDEX 
 
 PAGE 
 
 Rappleye, Henry, pardoned 35° 
 
 Ray, George W., term expired 260 
 
 Read, George R., appointed delegate 280 
 
 Real property, referees' fees on sale of, veto of bill 190 
 
 Real property law, bill amending, emergency message 237 
 
 veto of bills amending 189, 192 
 
 Reel, C. Gordon, reappointment as Superintendent of High- 
 ways 247 
 
 appointed delegate 278, 295 
 
 Reeves, Henry A., appointment 243 
 
 Reformatory institutions, recommendations in annual message, 73 
 
 Regan, James B., resignation 256 
 
 appointed delegate 268 
 
 Regan, Martin, pardoned 349 
 
 Reichmann, Fritz, appointed delegate _ 264, 284, 287 
 
 Reid, Charles E., appointed delegate 276, 293 
 
 Reilly, Charles, commutation of sentence 355 ' 
 
 Reinhardt, George N., appointed delegate 276 
 
 Religious corporations law, veto of bill amending 194 
 
 Removal of Civil Service employees, wrongful, veto of bill 
 
 providing for compensation 205 
 
 Removal proceedings: 
 
 Jefferson county, district attorney 317 
 
 Onondaga county, sheriflf 323, 325 
 
 Oswego county, district attorney 343 
 
 Philadelphia, supervisor of town 317 
 
 Queens county, district attorney 334, 335 
 
 Rensselaer county, payment of employees by supervisors, veto 
 
 of bill 89 
 
 Reprieves: 
 
 Burnett, Edward 362, 363 
 
 De Marco, Salvatore 362 
 
 Friedman, Ralph 362 
 
 Kuhn, Jacob 362 
 
 Williams, James 362 
 
 Reville, P. J., appointed delegate 293 
 
 Rhees, Rush, appointed delegate 268 
 
 Rice, B. F., appointed delegate 296 
 
 Rice, Willard. appointment 244 
 
 Rice, William Gorham, appointed delegate 275 
 
 Richards, Eugene Lamb, appointed delegate 279,283 
 
 Richfield Springs, address at 503 
 
 Richmond, Charles A., appointed delegate 268 
 
 Ridder, Herman, appointed delegate 268, 270, 286, 293 
 
INDEX 609 
 
 PAGE 
 
 Riggs, Edward G., appointment as Public Service Commis- 
 sioner 249 
 
 Riley, Christopher W., appointed delegate 293 
 
 Riley, James, commutation of sentence 351 
 
 Rives, Reginald W., resignation 255 
 
 appointed delegate 280 
 
 Roads. (See Highways.) 
 
 Roberts, John T., reappointment 251 
 
 Robertson, William E., appointed delegate 293 
 
 Robinson, Charles D., term expired 253 
 
 Robinson, George B., appointed delegate 287 
 
 Robinson, Herman, appointed delegate 268, 271 
 
 Robinson, Jeremiah P., appointed delegate 293 
 
 Roche, William J., appointed delegate 277, 293 
 
 Rochester, Jane E., reappointment 256 
 
 Rochester, address at centenary of city.. 505 
 
 Rochester State Hospital, appointment of manager 256 
 
 veto of appropriation 167 
 
 Roe, Charles Francis, retired 253 
 
 Roe, Townsend V., appointment 242 
 
 Rogers, Robert H., appointed delegate 293 
 
 Rogers, William H., reappointment 254 
 
 Rome, bonds for highway improvement, veto of bill 199 
 
 veto of appropriation for bridge 169 
 
 Roosevelt, Franklin D., appointed delegate 297 
 
 Root, Charles T., appointed delegate 268 
 
 Root, Elihu, appointed delegate 266, 288, 297 
 
 Rose, L. A., appointed delegate 293 
 
 Rosendale, Simon W., appointed delegate 268, 270, 286 
 
 Rothschild, Daniel, appointed delegate. 263 
 
 Rothschild, Simon F., appointed delegate 293 
 
 Rouse, Irving, term expired 244 
 
 Roy, John H., appointment 2S3 
 
 Ruddick, William B., appointed delegate ' 293 
 
 Ruddy, Edward, commutation of sentence 360 
 
 Ruppert, Jacob, appointed delegate 268, 276, 293 
 
 Rushmore, David B., appointed delegate 277, 284 
 
 Russell, John D., appointed delegate 285 
 
 Russell. Yorke, appointed delegate 274, 278 
 
 Ryan, Thomas E., appointed delegate 268 
 
 Sacketts Harbor Monument, veto of appropriation 129 
 
 Sague, John K., appointed delegate 277 
 
 St. Johnsville, municipal board, bill relating to, emergency message. 236 
 
6lO INDEX 
 
 PAGE 
 
 Saint Joseph's Catholic Church, Mooers Junction, conveyance of 
 
 property, veto of bill 193 
 
 Saint Lawrence county, roads, veto of appropriation 134 
 
 St. Lawrence State Hospital, appointment of manager 257 
 
 veto of appropriation 167 
 
 Salmon river dam, reconstructing, veto of appropriation 137 
 
 Sanderson, Henry, appointed delegate 281 
 
 Sanger, William Cary, appointed delegate 265 
 
 announced retirement as State hospital commissioner 401 
 
 Sangerfield Country Club, address at annual meeting 482 
 
 Saratoga, commemoration of battle, veto of bill 178 
 
 Saratoga Battle Monument Dedication Commission, appointment 
 
 of members 242 
 
 Saratoga county, State's rights to certain real property, veto of 
 
 bill 198 
 
 Saratoga Springs Reservation, veto of appropriation 126 
 
 Saudo, Marcellino, commutation of sentence 361 
 
 Sauerwein, Henry, appointment 241 
 
 Saunders, Samuel, appointed delegate 294 
 
 Sawyer creek, cleaning out and improving, veto of appropriation. 140 
 
 Schaefer, Philip G., appointed delegate 271, 294 
 
 Schector, Morris S., appointed delegate 294 
 
 Schenectady county, law hbrary, veto of bill establishing 177 
 
 Scheneviis Fair, address at 485 
 
 Schieffelin, William Jay, appointed delegate .268, 294 
 
 Schieren, Charles A., appo nted delegate 294 
 
 Schiiif, Jacob H., appointed delegate 270, 276 
 
 Schiff, Mortimer L., appointed delegate 286 
 
 Schoharie county, district attorney, veto of bill relating to com- 
 pensation 200 
 
 highways, bill relating to, emergency message 236 
 
 Revolutionary forts, veto of appropriation 139 
 
 Schoharie State School of Agriculture, appointment of ti-ustees . . 245 
 
 veto of appropriation 97, 121 
 
 veto of bill relating to 179 
 
 Scholarships in colleges, recommendations in annual message ... 63 
 
 veto of bill 177 
 
 Schonger, Adolph H., appointment 246 
 
 Schools. (,See Education.) 
 
 Schram, Louis B., appointed delegate 268 
 
 Schultz, Peter, commutation of sentence 357 
 
 Schuman, J. H., appointed delegate 294 
 
 Schurman, Jacola Gould, appointed delegate 269 
 
 Schuyler county, veto of appropriation for opening channel be- 
 tween Lakes Wanetta and Lamoka 171 
 
INDEX 6ll 
 
 PAGE 
 
 Schuyler Mansion, appointment of trustees 241 
 
 Schwab, Gustav H., appointed dekg3te 276 
 
 Schwannecke, Albert F., deceased 246 
 
 Schwarzenbach, James E., appointed delegate 263, 297 
 
 Scott, Joseph F., appointed delegate 270, 279, 284, 287, 298 
 
 letter to 416 
 
 Scott, W. J., revocation of rendition 394 
 
 Scribner, Eugene D., appointed delegate 280 
 
 Scudi, Michael A., appointed delegate 276 
 
 Seager, Henry R., appointed delegate 273 
 
 Sealers of Weights and Measures, appointment of delegate to 
 
 annual conference 264 
 
 Sears, Irving S., term exp^ed 251 
 
 Secretary of State, veto of appropriation. . 101 
 
 Seeley, Mary E., reappointment 260 
 
 Seligman, Edwin R. A., appointed delegate 269 
 
 Seligman, Isaac N., appointed delegate 269, 276 
 
 Senate, proclamation ordering, special election in 14th district 6 
 
 Senate Codes Committee, expenses, veto of appropriation no 
 
 Seneca canal, appropriation for improvement, bill approved 228 
 
 Seneca lake, repairing, improving and restoring breakwater, veto 
 
 of appropriation 141 
 
 Senix river, improvement and removing of obstruction, veto of 
 
 appropriation 134 
 
 Session laws, index, veto of bill 206 
 
 publishing, appropriation approved 222 
 
 Sessions, Fred W., appointed delegate 285 
 
 Settle, De Forest, resignation 248 
 
 Shall, Mayor, letters from .430, 432 
 
 Shanley, Victor, commutation of sentence 355 
 
 Shaw, Albert, appointed delegate 269 
 
 Shaw, Henry L. K., appointed delegate 265 
 
 Shelter Island, docks and landing places, veto of bill 92, 202 
 
 Sherman, Arthur Outram, appointment as State hospital manager. 256 
 
 appointed delegate 277 
 
 Sherman, George S., appointed delegate 294 
 
 Sherman, James S., death of, proclamation relating to 11 
 
 Sherman, P. Tecumseh, appointed delegate 269 
 
 Sherman, Richard W., appointed delegate 279, 283, 296 
 
 Sherrill, Isaac W., term expired 255 
 
 Sherwood, A. C, appointed delegate 281 
 
 Sherwood, Regina T., reappointment 255 
 
 Shevlin, James, appointed delegate 294 
 
 Shinnecock and Peconic canal, veto of appropriation 136 
 
 Shopkom, Augustus, commutation of sentence 360 
 
6l2 INDEX 
 
 PAGE 
 
 Shortt, William Allaire, appointment 243 
 
 Simkhovitch, Mary K., appointed delegate 264 
 
 Sing Sing Prison, recommendation in annual message 71 
 
 Sinking fund requirements, automatic increase 223 
 
 Sinking funds, statement in annual message 20 
 
 Sleicher, John A., appointed delegate 269, 294 
 
 Sloane, William, appointed delegate 294 
 
 Smalley, Burt E., appointment 244 
 
 Smith, A. O., appointed delegate 297 
 
 Smith, Alexander R., appointed delegate 275 
 
 Smith, Alfred E., appointed delegate 269, 273, 280, 286, 296 
 
 Smith, Andrew W., commutation of sentence 3S6 
 
 Smith, Fred R., appointed delegate 281 
 
 Smith, George A., appointment 247 
 
 Smith, George W., appointed delegate 269 
 
 Smith, Gerardus, appointed delegate 277 
 
 Smith, James MacGregor, term expired 254 
 
 Smith, Matthew J., proceedings for removal of 334 
 
 opinion, determination and order of Governor dismissing 
 
 charges 335 
 
 Smith, R. A. C., appointed delegate 276, 294 
 
 Smith, Stephen, appointed delegate 286 
 
 Smith, Thomas, commutation of sentence 359 
 
 Smithtown, lands conveyed to Andrew Carlson, veto of bill 188 
 
 Society of Colonial Wars, New York city, address at S3S 
 
 Soldiers and Sailors' Home, appointment of trustee 258 
 
 Soldiers and Sailors' Monument, Washington Park, Albany, ad- 
 dress at dedication of 524 
 
 Solomon, Henry, appointed delegate 271, 284, 286 
 
 Somers, Arthur S., appointed delegate 294 
 
 Sons of the Revolut'on, Philip Livingston Chapter, address at 
 
 annual meeting and banquet, Albany 446 
 
 Southern Commercial Congress, appointment of delegates to 264 
 
 Spanish-American War, bronze medals for soldiers, veto of appro- 
 priation 171 
 
 Speyer, James, appointed delegate 269 
 
 Spezzano, Guiseppi, commutation of sentence 359 
 
 Spratt, Thomas, appointed delegate 294 
 
 Stanchfield, John B., appointed delegate 298 
 
 State administration building, recommendations in annual message. 60 
 
 veto of bill 170 
 
 State Agricultural and Industrial School, appointment of managers. 260 
 
 veto of appropriation 166 
 
 State boards, commissions and' departments. {See specific names of.) 
 
 State Fair Commission, veto of appropriation 121 
 
 appointment of commissioner 248 
 
INDEX 613 
 
 PAGE 
 
 State Fair grounds, accident at, veto of appropriation for payment 
 
 of claims for damages 180 
 
 veto of appropriation for improvements and buildings. ... 171, 17s 
 
 State Farm for Women, veto of appropriation 167 
 
 State Federation of Labor, address to a committee representing. . 509 
 State hospital bookkeepers, veto of bill relating to compensation . . 95 
 
 State Hospital Commission, proposed investigation 327 
 
 statement by Governor Dix in relation to appointment of 
 
 Fred H. Parker 401 
 
 State Hospital Commissioners, appointment 247 
 
 State hospitals, appointment of managers 254 
 
 appropriation approved 221 
 
 fire protection, veto of bill 172, 181 
 
 recommendations in annual message 71 
 
 (See also Alien insane.) 
 
 State Industrial Farm Colony, appointment of managers 258 
 
 State institutions, appropriations, emergency message 237 
 
 fire protection, veto of bill ; 174 
 
 veto of appropriations 165 
 
 State Library, bill making appropriation for re-establishment, 
 
 emergency message 236 
 
 State Normal College. (See New York State Normal College.) 
 State office building, new, recommendations in annual message... 60 
 
 veto of bill 170 
 
 State Reformatory for Misdemeanants, appointment of managers. 262 
 
 letter to John J. Brady regarding 426 
 
 Stearns, E. C, appointed delegate 269 
 
 Stearns, O. P., appointed delegate 281 
 
 Steers, Alfred E., appointed delegate 276 
 
 Steers, J. Rich, appointed delegate 279 
 
 Steeves, John F., appointed delegate 294 
 
 Stenographers, furnishing copies of proceedings to judge, veto of 
 
 bill 19s 
 
 Stenser, Charles D., appointed delegate 294 
 
 Stephens, Henry A., appointment 254 
 
 Stephens, Olin J., appointed delegate 269, 271, 277, 294 
 
 Stetson, Francis Lynde, appointed delegate 269 
 
 Steuben county, sheriff, veto of bill 205 
 
 Steurer, Charles D., appointed delegate 277 
 
 Stevens, Frederick C, appointed delegate 275 
 
 Stewart, Annie Laurie, reappointment 257 
 
 Stewart, J. W. A., appointed delegate 269 
 
 Stewart, William Rhinelander, appointed delegate 265, 270, 286 
 
 Stillwater and Schaght'coke Bridge Company, veto of appropria- 
 tion for acquiring bridge of 172 
 
 40 
 
-6 1 4 INDEX 
 
 PAGE 
 
 5tillwell, Stephen J., appointed delegate 294 
 
 Storms, Edwin, appointed delegate 263 
 
 Stover, Charles, reappointment 260 
 
 Stratton, E. Piatt, appointed delegate ." 294 
 
 Straus, Jesse I., appointed delegate 269 
 
 Straus, Nathan, appointed delegate 265, 2JT, 294 
 
 Straus, Oscar S., appointed delegate 269 
 
 Street surface railroad companies, veto of bill 191 
 
 Stritt, Louise, appointed delegate 263 
 
 Strong, Charles H., resigned 261 
 
 Strong, W. W., appointed delegate 280 
 
 Stryker, Woolsey M., appointed delegate 269 
 
 Sturgis, Frank K., appointed delegate 279 
 
 Sullivan, Andrew T., appointed delegate 294 
 
 Sullivan, John P., appointed delegate 275 
 
 Sullivan, Michael J., appointed delegate 294 
 
 Sullivan, William H., appointment as tax commissioner 250 
 
 appointed delegate 274 
 
 Sullivan county, coroner, appointment 246 
 
 supervisors. Veto of bill relating to powers 199 
 
 Sulzberger, Cyrus L., appointment 262 
 
 appointed delegate 271, 286 
 
 Sulzer, Governor, remarks of Governor Dix at inauguration of.. 548 
 
 Sunderlin, Charles E., appointment 260 
 
 Supplementary proceedings, veto of bill 205 
 
 Supply bill, amount approved 223 
 
 emergency message 237 
 
 items vetoed '. loi, 143 
 
 Supreme Court, appointment of interpreters, veto of bill 207 
 
 extraordinary trial term in Albany county, appointment ... 309, 313 
 extraordinary trial term in New York county, appoint- 
 ment 310, 311 
 
 in New York county, designation of Attorney-General to con- 
 duct Zotti trial 306 
 
 seventh judicial district, veto of bill relating to stenographers. 201 
 Supreme Court, Appellate Division, salary of typewriter operators, 
 
 veto of bill 189 
 
 extraordinary term, second judicial department, Brooklyn.... 313 
 
 first department, retirement of employees, veto of bill 203 
 
 Supreme Court, Appellate Division, designation of justices: 
 
 Lambert, John S., Fourth Department 302, 303 
 
 Lyon, George F., Third Department 301 
 
 Van Kirk, Charles C, Third Department 304 
 
 revocation of designation 305 
 
INDEX 615, 
 
 PAGE- 
 
 Surety companies, incorporation, veto of bill 211 
 
 Surrogates', compensation and assistants, veto of bill 162 
 
 Swartwout, Henry B., appointed delegate 277 
 
 Syracuse, department of assessment and taxation, veto of bill.... 195. 
 
 department of public virorks, veto of bill . . ; 19S, 200 
 
 hoist bridge over Erie canal, veto of bill l8o- 
 
 Syracuse State Institution for Feeble-Minded Children, appoint- 
 ment of manager 259- 
 
 Syracuse University, State College of Forestry, veto of bill 179 
 
 Tamblin, J. H., appointed delegate 281 
 
 Tatham, Charles Wood, commutation of sentence 354 
 
 Tax Commissioner, appointment 250 
 
 veto of appropriation for 116, 147 
 
 Tax law, bill amending, emergency message 235 
 
 revision, veto of appropriation 117 
 
 veto of bills amending 162, 191, 196, 200, 210 
 
 Tax maps, veto of appropriation 117 
 
 Tax sale, application for cancellation, veto of bill 208 
 
 Taxation, address at second State conference on, Buffalo 437 
 
 direct tax law, messages 80, 235 
 
 manufacturing corporations, recommendations in annual 
 
 message S3 
 
 recommendations in annual message 22, 49 
 
 State and Local, National Conference, appointment of dele- 
 gates 274 
 
 Taylor, Edward R., appointed delegate 283, 294 
 
 Taylor, John C. R., appointment 254 
 
 Taylor, Moses, appointed delegate 279 
 
 Taylor, William H., appointed delegate 269 
 
 Tazelaar, Jacob, appointed delegate 269 
 
 Teachers institute conductors, pensions, veto of bill 203 
 
 Tenement house law, bill amending, emergency message 235 
 
 Terry, Charles Thaddeus, appointed delegate 262 
 
 Terwilliger, Frank H., appointed delegate 281 
 
 Thacher, George H., appointed delegate 269 
 
 Thanksgiving proclamation 12 
 
 Thomas Indian School, Iroquois, veto of appropriation 166 
 
 Thomson, Lemon, appointment. 243 
 
 Thorne, John T., appointed delegate 273. 278 
 
 Tierney, Frank A., appointed delegate 273 
 
 Tilden, Samuel J., appointment as Fiscal Supervisor 251 
 
 appointed delegate 271, 279, 287 
 
 Titanic disaster, remarks of Governor Dix on 403 
 
 telegram to Mrs. Abram S. Hewitt 416 
 
6l6 INDEX 
 
 PAGE 
 
 Tobin, Charles J., appointed delegate 274 
 
 Tobin, James, commutation of sentence 361 
 
 Tobin, Thomas M.. appointment 248 
 
 Toll bridges, veto of appropriation 137 
 
 Tomkins, Calvin, appointed delegate 277, 294 
 
 Tompkins, Leslie J., appointed delegate 277 
 
 Tompkins, Margaret E., property and estate, veto of bill 190 
 
 Tonawanda, bridge over Erie canal, veto of bill relating to.... 176 
 
 Town clerks, deputy, veto of bill 195 
 
 Town law, veto of bills amending. ... 193, 195, 196, igS, 204, 205, 208 
 
 Towne, Henry R., appointed delegate 294 
 
 Townsend, William, appointment 251 
 
 appointed delegate 271, 285, 294 
 
 Tracey, Frank, appointed delegate 296 
 
 Tracy, Albert H. Jr., appointed delegate 294 
 
 Tracy, Marcus H., appointed delegate 277, 294 
 
 Tranese. Luigi, commutation of sentence 358 
 
 Treman, Charles E., appointment as member of Barge Canal 
 
 Operation Commission 245 
 
 resignation as Superintendent of Public Works 248 
 
 appointed delegate 275, 278, 294, 295 
 
 Trimmer, Theodore, appointed delegate 294 
 
 Troy, Peter H., appointed delegate 280, 296 
 
 Trumbull, Frank, appointed delegate 269 
 
 Tuberculosis day, letter to Homer Folks approving observance 
 
 of 422 
 
 Tuberculosis exhibits, veto of appropriation 114 
 
 Tuberculosis patients, hospital accommodations, veto of bill, 194, 208 
 
 Tunison, Lewis H., appointed delegate 280 
 
 Tuscarora Traction Company, veto of bill extending time for 
 
 construction 204 
 
 Tuttle, Dell L., appointed delegate 294 
 
 Tuttle, Ezra A., appointment 243 
 
 appointed delegate 279 
 
 Twitchell creek, veto of appropriation for repair of bridge over, 174 
 
 Ulster county, publication of certain notices, veto of bill 94 
 
 tax sale, application for cancellation, veto of bill 208 
 
 Underhill, Edward M., appointed delegate 279 
 
 Underwood, George F., appointed delegate 281, 283, 294, 298 
 
 United States Battleship Maine, burial, proclamation relating 
 
 to 7 
 
 United States Senators, election, letter from P. C. Knox, en- 
 closing resolution of Congress regarding 409 
 
INDEX 617 
 
 PAGE 
 
 United States Volunteer Life Savings Corps of the State of 
 
 New York, veto of bill 193 
 
 University Club, Albany, address at banquet 452 
 
 Untermyer, Samuel, reappointment 258 
 
 appointed delegate 269, 286 
 
 Utica, bridge over Erie canal, veto of appropriation 175 
 
 paving streets, veto of appropriation 140 
 
 Utica State Hospital, appointment of manager 257 
 
 recommendation in annual message 72 
 
 Vail, Theodore N., appointed delegate 269 
 
 Valente, Antimo, commutation of sentence 357 
 
 Valentine, Benjamin R., pardoned 349 
 
 Van Alstyne, George R., appointed delegate 280 
 
 Van Amberg, Charles, appointed delegate 297 
 
 Van Antwerp, Thomas I., appointed delegate 294 
 
 Van Cleve, George B., appointed delegate 272 
 
 Van Cortlandt, Robert V., appointed delegate 275 
 
 Vanderlip, Frank A., appointed delegate 269 
 
 Van Doren, Louis O., appointed delegate 271, 295 
 
 Van Duyn, Edward S., reappointment 259 
 
 Van Hoesen, E. F., appointed delegate 296 
 
 Van Kennen, George E., appointed delegate 279, 282, 295, 298 
 
 Van Kirk, Charles C, designation as Supreme Court justice.. 304 
 
 revocation of designation 305 
 
 Van Kleek, Frederick B., appointed delegate 277 
 
 Van Rensselaer, Mrs. Louise, reappointment 241 
 
 Van Santvoord, Seymour, appointed delegate 278, 282, 297 
 
 Van Tassell, A. L., appointed delegate 296 
 
 Van Valkenburg, George B., appointed delegate..- 281 
 
 Veiller, Lawrence, appointed delegate 270 
 
 Velchio, John Del, commutation of sentence 359 
 
 Verbeck, William, appointment 254 
 
 Verdery, Marion J., appointed delegate 275 
 
 Vetoes of bills relating to: 
 
 actions to recover damages, proof of contributory negli- 
 gence 160 
 
 Adjutant-General, appropriation 122 
 
 administrator, commissions of and allowances to 155 
 
 Aersconk creek, appropriation for improvement 134 
 
 Agricultural Experiment Station, Geneva, appropriation. . 
 
 120, 169, 174 
 
 Agricultural law, bill amending 153 
 
 Agriculture, Department of, appropriation iig 
 
 Albany, city court 198 
 
 smoke nuisance 211 
 
6l8 INDEX 
 
 Vetoes of bills relating to — Continued page 
 
 Albany county, transaction of public business 192 
 
 Allds investigation, appropriation to pay counsel ill 
 
 American Baptist Missionary Union 192 
 
 Anderson, Alice Cox, claim of 196 
 
 appropriation bill, items vetoed 96 
 
 appropriation bills, special 168, 179 
 
 appropriations for State institutions 165 
 
 armories, acquisition of sites 202 
 
 appropriation 169 
 
 Attorney-General, appropriation 102 
 
 Auburn, bill amending charter 190 
 
 Augur Lake, appropriation for repairing dam 91 
 
 bail, admission to 188, 18,9 
 
 Banking Department, appropriation 149 
 
 Banking law, bill amending 192 
 
 Barge canal, bond issue for extension of Black River 
 
 canal, etc 202 
 
 Barge canal terminals, bond issue 206 
 
 at Palmyra 198 
 
 Bashas kill, appropriation for improvement 170 
 
 Beaver river, flow of water caused by State dam at Still- 
 water 174 
 
 Beeman creek, appropriation 173 
 
 Bennington battlefield, appropriation for acquisition 172 
 
 Bergholtz creek, deepening and widening, appropriation.. 174 
 
 bill drafting department, appropriation 107 
 
 Black creek, appropriation for cleaning out 173 
 
 Black River canal, extension, bond issue 202 
 
 blind, State board for improving condition 204 
 
 boat inspections and licenses, bill relating to fees 199 
 
 bridges over: 
 
 Ausable river 173 
 
 Barge canal, Lockport 178 
 
 Black River canal, Rome 169 
 
 Ellicott creek 178, 183 
 
 Erie canal, Syracuse 180 
 
 Tonawanda '. 176 
 
 Utica 175 
 
 Hudson river 172, 173 
 
 Mohawk river 174, 175, 176, 177 
 
 Twitchell creek 174 
 
 Brooklyn, State armory, appropriation 176 
 
 Buffalo, bill amending charter 191 
 
 land on Sienkiewicz place 161 
 
 record of certain lands 210 
 
INDEX 619 
 
 Vetoes of bills relating to — Continued page 
 
 Callicoon churches, consolidation 196 
 
 Canal fund, appropriation 139 
 
 canals, wages of locktenders . ■. 181 
 
 Canandaigua lake, deepening harbor and channel, appro- 
 priation 174 
 
 Capitol barber shop, appropriation iii 
 
 Carlson, Andrew, lands conveyed to 188 
 
 Cattaraugus county, completing roads, appropriation 134 
 
 Cayuga creek, deepening and widening, appropriation.... 174 
 
 cemetery corporations 201 
 
 cemetery lands 192 
 
 Central Islip Hospital, appropriation 166 
 
 Champlain canal, improvement, bond issue 203 
 
 Chautauqua county, fish hatchery, appropriation 176 
 
 grape culture 174 
 
 Chemung canal, bond issue for reconstruction • 202 
 
 dredging, appropriation 137 
 
 Chemung river, appropriation for repairing dykes 169 
 
 Churches of Christ in America, federal council, bill incor- 
 porating 207 
 
 Cities law, second class, bill amending 203 
 
 •civil practice in courts of State, classification 176 
 
 Civil Service Commission, appropriation 106 
 
 Civil Service employees, compensation for wrongful re- 
 moval 205 
 
 Civil War veterans, transportation, appropriation 132 
 
 Claims, Board of, jurisdiction 191 
 
 liability of State and jurisdiction of Board of 213 
 
 Code of Civil Procedure, bills amending 155, 160, 190, 
 
 191, 205, 206, 209, 213 
 
 Code of Criminal Procedure, bills amending. . 188, 189, 192, 207 
 
 Cohoes, bill amending charter 93 
 
 collector's undertaking 204 
 
 Comptroller, appropriation 102, 143, 150 
 
 Conservation bureau, appropriation 106 
 
 Conservation Commission, appropriation 124, 128 
 
 •contracts 203 
 
 Cook Academy, State School of Agriculture 170 
 
 'Corinth, removing piers, appropriation 135 
 
 Cornell University, State School of Sanitary Science and 
 
 Public Health, appropriation 172 
 
 ■corporations, transfers of shares of stock 205 
 
 Cortland and Auburn Railroad Company, bill extending 
 
 time for construction igg 
 
 county highways, expenses 155 
 
620 INDEX 
 
 Vetoes of bills relating to — Continued page 
 
 County law, bills amending 94, 189, 194, 200, 201, 208, 212 
 
 Court of Claims, appropriation 113 
 
 Court of Claims act, appropriation for expenses of action 
 
 regarding constitutionality 104 
 
 Curtis, Maj.-Gen. Newton M., monument, appropriation. .131, 175 
 
 Decedent estate law, bill amending 207 
 
 Dillon, Martin F., appropriation for 104 
 
 divorce, action for 206 
 
 documents from foreign countries, authentication 209 
 
 Domestic relations law. bill amending 189 
 
 Education building, appropriation for furniture 168 
 
 Education department, care and cleaning, appropriation... 97 
 
 Education law, bills amending 169, 170, 172, 177, 179, 203 
 
 Election law, bill amending 211 
 
 Ellicott creek 178, 183 
 
 Engineer and Surveyor, appropriation 133 
 
 Erie canal, barge canal terminal at Palmyra 198 
 
 improvement, bond issue 203 
 
 Essex county, office of sheriff, salary of janitor 201 
 
 executor, commission of and allowances to 155 
 
 factories, number of occupants 158 
 
 felonies, judgments rendered upon (defendants 207 
 
 felons, rewards for arrest and conviction of 189 
 
 fidelity companies, incorporation 211 
 
 Fink, Henry C, pension 216 
 
 fire escapes and exits 161, 197 
 
 Fire Marshal, appropriations 128, 149 
 
 fire protection, State hospitals for insane 172, 181 
 
 State institutions 174 
 
 fires 198 
 
 fish hatcheries, appropriations 148, 176 
 
 Flushing and Jamaica bays, artificial waterway 175 
 
 Forest, Fish and Game law, bill amending 206 
 
 Forestry, State College at Syracuse University 179 
 
 Franklin county, sheriff, audit of d'sbursements 189 
 
 Fredonia, bill amending charter 191 
 
 game farms or preserves, appropriation 125, 170 
 
 Gardiner, Asa Bird, appropriation 105 
 
 Gayton, Edward L., bill for relief of 207 
 
 General City law, bill amending 197 
 
 General Municipal law, bill amending 193 
 
 Geneva, lands under water 214 
 
 taxation 217 
 
 Genesee Falls, assessment and taxation of State lands 204 
 
 Glens Falls feeder, conversion into canal, bond issue 202 
 
INDEX • 621 
 
 Vetoes of bills relating to — Continued page 
 
 Gloversville, bill amending charter 215 
 
 Got creek, appropriation for cleaning out 173 
 
 Gowanda State Homeopathic Hospital, appropriation 124 
 
 Gowanus bay, barge canal terminals, bond issue 206 
 
 grade crossings, appropriation for elimination 115 
 
 Greeley, Horace, appropriation for monument 170 
 
 Greene county, appropriation for markers for soldiers' 
 
 graves 200 
 
 harbor terminals, acquisition of 175 
 
 Harlem Prison, Wingdale, appropriation 123 
 
 Health department, appropriation 114 
 
 Health Officer, Port of New York, appropriation 146 
 
 highway bills, special 184 
 
 Highway law, bills amending 155, 184, 192, 193, 195, 
 
 200, 206, 212 
 
 Highways Department, appropriation 134, 150 
 
 Hudson river, relieving flood conditions, appropriation 135 
 
 Ilion, establishment of municipal commission 212 
 
 Insurance law, bills amending 210, 211 
 
 Jeffersonville, churches, bill relating to consolidation 196 
 
 Johnstown, bill amending charter 193 
 
 Judiciary law, bills amending i8g, 190, 195, 198, 201, 207 
 
 jurors, exemption 198 
 
 Keuka College, State School of Agriculture, appropriation.. 177 
 
 Kings county, building for storing certain records 215 
 
 commissioner of records '. 208 
 
 register, employees 209 
 
 surrogate's court, clerks 200 
 
 Kings Park State Hospital, appropriation 166 
 
 Kingston, appropriation for purchase of land adjoining armory. 173 
 
 Knox's headquarters. New Windsor, appropriation 176 
 
 Labor department, appropriation 145 
 
 Labor law, bills amending 158, 161, 191, 202 
 
 Lake Erie, celebration of one hundredth anniversary of battle 
 
 of, appropriation 177 
 
 Law library, Norwich, appropriation 113 
 
 legal notices, fees for publication 191 
 
 legislative, bill drafting department, appropriation' 107 
 
 clerk's account, appropriation 96 
 
 contingent expenses, appropriation 107 
 
 Legislative law, bill amending 212 
 
 Letchworth Village, appropriation 165 
 
 Lockport, bridge crossing barge canal 178 
 
 locktenders on canals, wages 181 
 
 marriage of minors 189 
 
622 INDEX 
 
 Vetoes of bills relating to — Continued page 
 
 medical examination of children 212 
 
 Membership corporations law, bill amending 201 
 
 Middletown State Homeopathic Hospital, appropriation 167 
 
 Military law, bills amending 200, 202 
 
 milk, sale of IS3 
 
 Montour Falls, State School of Agriculture, appropriation. . . 170 
 Mooers Junction, Saint Joseph's Catholic Church, conveyance 
 
 of property 193 
 
 Mount Vernon, armory 169 
 
 National Guard, appropriation ,. 122 
 
 Navigation law, bill amending 199 
 
 New Rochelle, bill amending charter 201 
 
 New York city: 
 
 boroughs of Manhattan and Bronx, transfers by surface 
 
 railroads 182 
 
 court of general session 217 
 
 Fink, Henry C, pension 216 
 
 Fourth Avenue Presbyterian Church, bill changing name. 157 
 
 grade crossings, awarding damages 197 
 
 inferior courts act, bill amending 212 
 
 municipal court 2l6 
 
 refund of taxes 216 
 
 statutes, digest, appropriation log 
 
 Voorhis, John R., compensation 213 
 
 New York city, charter, veto of bills amending : 
 
 assessments' for local improvements 217 
 
 bureau of buildings, board of examiners 214 
 
 coroners' officers and subordinates 21 1 
 
 officers, clerks and employees, retirement 215 
 
 suspension upon charges 195 
 
 pension fund for department of correction 217 
 
 pensions of members of fire department 214 
 
 pensions to members of police force 218 
 
 police commissioner's powers in respect to obstructions to 
 
 navigation 214 
 
 steam boilers, inspection 214 
 
 telegraph service of fire department 197 
 
 New York county : 
 
 counsel to county clerk 194 
 
 counsel to the register 198 
 
 court house 214 
 
 court of general sessions of the peace, stenographer's com- 
 pensation igo 
 
 salaries of deputy clerks 194 
 
 New York Monuments Commission, appropriation 130 
 
INDEX 623 
 
 Vetoes of bills relating to — ■ Continued page 
 New York State Hospital for the Care of Crippled and De- 
 formed Children, appropriation 178 
 
 New York State Normal College, appropriation for purchase 
 
 of land 173 
 
 New York State Training School for Boys, acquisition of 
 
 lands 212 
 
 Newark, appropriation relating to sewer system 170 
 
 Newbern, North Carolina, National cemetery, appropriation 
 
 for monument 131 
 
 Newburgh, appropriation and expenditure of moneys 218 
 
 armory building, appropriation 178 
 
 bill amending charter 217 
 
 street improvements 199, 216 
 
 newspapers, designation for publication of session laws 201 
 
 Niagara Falls, illumination, appropriation 208 
 
 Niagara Falls city, bill amending charter 197 
 
 grade crossing commissioners 210 
 
 Normal schools, salaries of teachers 169 
 
 Northern New York Institution for Deaf Mutes, appropriation. 118 
 
 Ogdensburgh, central fire station 216 
 
 Oil Creek reservoir, repairing, appropriation 13S 
 
 Olean, State armory 169 
 
 Olsen, Ludwig, application for cancellation of tax sale 208 
 
 Omnibus city bills, special city bills not accepted by cities in 
 
 question 213 
 
 Omnibus veto 188 
 
 Oneonta, bill amending charter 200 
 
 Onondaga county, collection of taxes 209 
 
 Oswego, bills amending charter 197, 215 
 
 public park, appropriation 171 
 
 canal improvement, bond issue 203 
 
 Oswego county, collection of taxes 193 
 
 Palisades Interstate Park, appropriation 129 
 
 Palmyra, barge canal terminal 198 
 
 pardons IS4 
 
 peace officers 208 
 
 Peconic river, appropriation for deepening channel 171 
 
 Penal law, bill amending 211 
 
 pensions, teachers institute conductoifs 203 
 
 Perry's Victory Centennial Commission 177 
 
 Personal property law, bill amending 205 
 
 Piermont, removal of portion of dock or pier 164, 172 
 
 Poor law, bills amending 194, 204 
 
 port wardens, appropriation for 116 
 
 Potsdam State Normal and Training School, appropriation . . 180 
 
624 INDEX 
 
 Vetoes of bills relating to — Continued page 
 
 Prison law, bills amending 154, 212 
 
 prisons, new, Commission, appropriation 122 
 
 Probation Commission, appropriation 124 
 
 Public health law, bill amending 159 
 
 Public lands law, bills amending 204, 208 
 
 Public Service Commission, first district, appropriation IIS 
 
 second district, appropriation 115 
 
 Public Service Commissions law, bill amending 204 
 
 Public Works, department, appropriation... 139, 150 
 
 Queens county, office of district attorney 215 
 
 Railroad law, bills amending 181, 191 
 
 real property, referees' fees on sale of 190 
 
 Real property law, bills amending 189, 192 
 
 Religious corporations law, bill amending 194 
 
 removal of civil service employees, wrongful, bill providing 
 
 for compensation 20s 
 
 Rensselaer county, payment of employees by supervisors .... 89 
 
 Rochester State Hospital, appropriation 167 
 
 Rome, bonds for highway improvement 199 
 
 appropriation for bridge 169 
 
 Sacketts Harbor Monument, appropriation 129 
 
 Saint Lawrence county, roads, appropriation 134 
 
 Saint Lawrence State Hospital, appropriation 167 
 
 Salmon river dam, reconstruction, appropriation 137 
 
 Saratoga, commemoration of battle 178 
 
 Saratoga county. State's rights to certain real property 198 
 
 Saratoga Springs Reservation, appropriation 126 
 
 Sawyer creek, cleaning out and improving, appropriation .... 140 
 
 Schenectady county, law library, bill establishing 177 
 
 Schoharie county, district attorney, compensation 200 
 
 Revolutionary forts, appropriation 139 
 
 Schoharie State School of Agriculture 179 
 
 appropriation . 97, 121 
 
 scholarships in colleges 177 
 
 Schuyler county, appropriation for opening channel between 
 
 Lakes Wanetta and Lamoka 171 
 
 Secretary of State, appropriation loi 
 
 Senate Codes Committee, expenses, appropriation no 
 
 Seneca lake, repairing,- improving and restoring breakwater, 
 
 appropriation 141 
 
 Senix river, improvement and removing of obstruction, appro- 
 priation 134 
 
 Session laws and statutes, index 206 
 
 Shelter Island, docks and landing p'aces 92, 202 
 
 Shinnecock and Peconic canal, appropriation 136 
 
INDEX 625 
 
 Vetoes of bills relating to — Continued page 
 
 Smithtown, lands conveyed to Andrew Carlson 188 
 
 Spanish-American war, bronze medals for soldiers, appropria- 
 tion 171 
 
 State administration building 170- 
 
 State Agricultural and Industrial School, Industry, appropria- 
 tion 166 
 
 State Fair Commission, appropriation 121 
 
 State fair grounds, accident at, appropriation for payment of 
 
 claims for damages 180 
 
 appropriation for improvements and buildings 171, 17s 
 
 State Farm for Women, appropriation 167 
 
 State hospital bookkeepers, bill relating to compensation .... 95 
 
 State hospitals for insane, fire protection 172, 181 
 
 State institutions, appropriations 165 
 
 fire protection 174 
 
 Stenographers, furnishing copies of proceedings to judge.... 195 
 
 Steuiben county, sheriff 205 
 
 Stillwater and Schaghticoke Bridge Company, appropriation 
 
 for acquiring bridge 172 
 
 street surface railroad companies 191 
 
 Sullivan county, supervisors, powers 199 
 
 supplementary proceedings 205 
 
 supply bill, items vetoed loi 
 
 supplemental memorandum of items vetoed 143 
 
 Supreme Court, appointment of interpreters 207 
 
 seventh judicial district, stenographers 201 
 
 Supreme Court, Appellate Division, first department, retire- 
 ment of employees 203 
 
 salary of typewriter operators 189 
 
 surety companies, incorporation 211 
 
 surrogates' compensation and assistants 162 
 
 Syracuse, department of assessment and taxation 195 
 
 department of public works 19S, 200 
 
 hoist bridge over Erie canal 180 
 
 Syracuse University, State College of Forestry 179 
 
 tax commissioners, appropriation 116, 147 
 
 Tax law, bills amending 162, 191, 196, 200, 210 
 
 revision, appropriation 117 
 
 tax maps, appropriation 117 
 
 tax sale, application for cancellation 208 
 
 Teachers institute conductors, pensions 203 
 
 Thomas Indian School, Iroquois, appropriation 166 
 
 toll bridges, appropriation 137 
 
 Tompkins, Margaret E., property and estate 190 
 
 Tonawanda, bridge over Erie canal 176 
 
■626 INDEX 
 
 Vetoes of bills relating to — Continued page 
 
 town clerks, deputy '. 195 
 
 Town law, bills amending 193, 195, 196, 198, 204, 205, 208 
 
 tuberculosis, exhibits, appropriation 1 14 
 
 patients, hospital accommodations 194, 208 
 
 Tuscarora Traction Company, bill extending time for construc- 
 tion 204 
 
 Ulster county, publication of certain notices 94 
 
 tax sale, applcation for cancellation 208 
 
 United States Volunteer Life Saving Corps of the State of 
 
 New York 193 
 
 Utica, bridge over Erie canal 175 
 
 paving streets, appropriation 140 
 
 Village law, bill amending 202 
 
 Vischer's Ferry, bridge over Mohawk river 177 
 
 water system, enlarging 205 
 
 Watertown, Bethany Methodist Episcopal Church, reim- 
 bursing, appropriation 141 
 
 sealer of weights and measures, bill amending charter. ... 95 
 
 Watkins, indebtedness of 207 
 
 Watkins Glen, appropriation 129 
 
 Waverly, bonds for sidewalks 157 
 
 Westchester county, sale of lands for taxes 211 
 
 transfer tax assistant in the surrogate's office, salary.... 191 
 
 water supply, powers of comm'ssion 205 
 
 White Plains, claim of AHce C. Anderson 196 
 
 Whitesboro, construction of a pipe line, appropriation 140 
 
 wills, proof of 207 
 
 Wingdale, Harlem Prison, appropriation 123 
 
 Wright, Silas, statue of, appropriation 130 
 
 Yorkville, route number twenty-eight of State highways 180 
 
 Village law, veto of bill amending 202 
 
 Villages, home rule, recommendations in annual message 45 
 
 Vincent, Frank, appointed delegate 269 
 
 Vischer's Ferry, bridge over Mohawk river, veto of bill 177 
 
 Voorhis. John R., compensation of, veto of bill 213 
 
 Voters, registration, veto of bill 211 
 
 Wadhams, Albion V., term expired 251 
 
 appointed delegate 271 
 
 Wadsworth, James W., appointed delegate 281, 297 
 
 Wagner, Robert F., appointed delegate 269, 272, 279, 286, 29s 
 
 Wagstaff, Alfred, appointed delegate 281 
 
 Wahl, Martin, appointed delegate 280 
 
 W^ainwright. J. Howard, deceased 256 
 
 Wainwright, J. Mayhew, appointed delegate 269 
 
INDEX 627 
 
 PAGE- 
 
 Wald, Lillian, appointed delegate 264, 273 
 
 Waldorf, Frederick H., appointed delegate 27s 
 
 Walsh, John L., appointed delegate 287 
 
 Walsh, Michael J., appointed delegate 29s 
 
 Walter, Martin, appointed delegate 295 
 
 Walter, William I., reappointment 257- 
 
 Warburg, Paul M., appointed delegate 264 
 
 Ward, Frank, commutation of sentence 354 
 
 Ware, Franklin B., resignation 253 
 
 Warren, George F., reappointment 258. 
 
 Warren, Walter P., appointed delegate 295 
 
 Warren county, coroner, appointment 246 
 
 Warwick, William J., appointed delegate 275 
 
 Washburn, George, appointed delegate 280, 2g& 
 
 Washington's Headquarters, trustee, appointment 253 
 
 Water companies, private, regulation, recommendation in an- 
 nual message 56 
 
 Water power. (^See Conservation.) 
 
 Water system, veto of bill relating to enlarging 205 
 
 Waters, Alexander, appointed delegate 274, 278' 
 
 Watertown, Bethany Methodist Episcopal Church, reimbursing, 
 
 veto of appropriation 141 
 
 Watertown, sealer of weights and measures, veto of bill amend- 
 ing charter 9S 
 
 Watkins, indebtedness of, veto of bill 207 
 
 Watkins Glen, veto of appropriation 129 
 
 Watkins Glen Reservation, commissioner, appointment 253 
 
 Waverly, bonds for sidewalks, veto of bill IS7 
 
 Webb, Frank G., appointed delegate 263 
 
 Weber, John W., appointed delegate 277, 295 
 
 Weed, Smith M., appointed delegate 295 
 
 Weights and measures, bill relating to, emergency message.... 237 
 
 Weiner, Alphonse, appointed delegate 29s 
 
 Welden, Benjamin F., appointed delegate 280 
 
 Welden, O. D., appointed delegate 280 
 
 Wells, Frank D., appointed delegate 280 
 
 Wells, James L., appointed delegate 269, 277, 29s 
 
 Wemple, A. Z., appointed delegate 281 
 
 Westchester county, sale of lands for taxes, veto of bill 2ir 
 
 transfer tax assistant in the surrogate's office, veto of bill 
 
 relating to salary 191 
 
 water supply, veto of bill relating to powers of commission, 205' 
 Western House of Refuge for Women, appointment of man- 
 ager 261 
 
 Whalen, John S., appointed delegate .' 265, 273: 
 
628 
 
 INDEX 
 
 PAGE 
 
 Wheeler, Clayton L., appointed delegate 280, 296 
 
 Wheeler. Everett P., appointed delegate 269 
 
 Wheelock, Charles F., appointed delegate 265 
 
 White, Alfred T., appointed delegate 295 
 
 White, Horace, appointed delegate 295 
 
 White, J. DuPratt, appointed delegate 272, 279, 296 
 
 White, John, commutation of sentence 361 
 
 White, John F., resigned 260 
 
 White, Loren H., appointed delegate 280 
 
 White, Martin J., appointed delegate 295 
 
 White, W. Pierrepont, appointed delegate 272, 280 
 
 White, Rev. William J., deceased 256 
 
 White Plains, veto of bill relating to claim of Alice C. Ander- 
 son 196 
 
 Whitehall, Grace Wilson, appointment 256 
 
 Whitehouse, Worthington, appointed delegate 281 
 
 Whitesboro, construction of a pipe line, veto of appropriation, 140 
 
 Whitman, Charles S.. letter to, respecting prize fight 421 
 
 Whitney, George H., appointed delegate 280, 296 
 
 Whitney, Patrick A., appointed delegate 270, 286 
 
 Wilkes, Harry, pardoned 350 
 
 Willard State Hospital, appointment of manager 257 
 
 Willcox. William R., appointed dele,gate 269 
 
 Willey, Henry Ide, appointed delegate 277 
 
 Williams, Edward T., appointed delegate 275 
 
 Williams, Ernest R., commutation of sentence 354 
 
 Williams, George V. S., appointment as Public Service Com- 
 missioner 249 
 
 Williams, James, appointment of commissioners to examine.. 247 
 
 reprieved 362 
 
 Williams, John, appointment as trustee of American Museum 
 
 of Safety 245 
 
 appointed delegate 264, 265, 269. 273, 284, 287 
 
 Williams, Mornay, appointed delegate 263 
 
 Williams, W. Irving, appointed delegate 295 
 
 Wills, proof of, veto of bill 207 
 
 Willsey, F. J., appointed delegate 269 
 
 Wilson, George T., appointed delegate 295 
 
 Wilson, George W., appointed delegate 29s 
 
 Wilson, James, letter to, relative to designation of post roads, 427 
 
 Wilson, Thomas B., reappointment 252 
 
 Wilson, Walter F.,, appointed delegate 297 
 
 Winchester, Charles M., appointed delegate 295 
 
 Windmuller, Louis, appointed delegate 295 
 
 Wing, H. McKie, resigned 261 
 
INDEX 629 
 
 PAGE 
 
 Wingdale, Harlem Prison, recommendation in annual message, 71 
 abandonment of plans for construction, emergency mes- 
 sage 237 
 
 special message recommending abandonment 75 
 
 letter from secretary of Prison Association of New York, 
 
 concerning 411 
 
 letter to Col. Joseph F. Scott 416 
 
 veto of appropriation 123 
 
 Winters, John C, Jr., appointed delegate 280 
 
 Witherbee, Frank S., appointed delegate 29S 
 
 Witherbee, Walter C, appointed delegate 295 
 
 Women, labor in factories, recommendat'ons in annual message.. 30 
 
 hours of labor, bill approved 229 
 
 Wood, Herbert C, appointment 251 
 
 Wood, James, appointed delegate 287 
 
 Wood, Robert N., appointed delegate 274, 278 
 
 Woodbury, Egburt E., term expired 250 
 
 Woodworth, Walter H., appointed delegate 283 
 
 Woolworth, Frank W., appointed delegate 295 
 
 Workmen's Compensation, National Conference, appointment of 
 
 delegates to 287 
 
 Workmen's Compensation law, recommendations in annual mes- 
 sage 29 
 
 Wright, Charles H., pardoned 349 
 
 Wright, Silas, statue of, veto of appropriation 130 
 
 Wulff, E. J., appointed delegate 296 
 
 Wyker, Frederick, charges against 323 
 
 removed from office 245, 325 
 
 "yates, William, telegram from 434 
 
 Yoakum, Benjamin F., appointment 244 
 
 appointed delegate 298 
 
 Yorkville, route number tw^enty-eight of State highways, veto 
 
 of bill relating to 180 
 
 Young, Frank L., appointed delegate 269 
 
 Yule, John, appointed delegate -. 295 
 
 Zotti, Frank, criminal action against 306 
 
 Zucca, Antonio, appointed delegate 277, 286 
 
 41