®0tttril Hmreyjsitg pibmg 
 
 THE GIFT OF 
 
 :^h:y^<h,^}A^.^ £....:^..-J^^ 
 
 ... Avi oj. 1 .4.5:....... ^^{^I'ii 
 
Cornell University Library 
 J87 .N717 1895-1896 
 
 W.I 
 
 Public papers of Levi P. Morton gpverno 
 
 olin 
 
 3 1924 032 618 377 
 
 
 DATE DUE 
 
 
 -^z:^ 
 
 aJ9Mt_ 
 
 
 
 
 
 
 
 
 
 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 \ 
 I 
 
 
 
 
 I 
 
 
 
 
 d 
 
 
 
 
 r 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 \ 
 
 
 
 
 \ 
 
 
 
 
 ,'■■ 
 
 
 
 
 j GAYLORD 
 
 
 -' ■-'■-■ Lr '-^-.-sni: 
 
 PRINTED tNU.«. A. 
 
 1 ._/', T-^r^-.i'"^^, — ■»" 
 
cuM. v^\f\r 
 
cn 
 
 CO 
 H 
 
 H 
 
 ra 
 
 bl 
 
 iij 
 
 
 (C 
 
 u 
 m 
 
 £ 
 
 u m 
 
 ^ j:) 
 P < 
 o 
 
 o 
 
 u 
 
 H 
 
 •a; 
 
 f=^ 
 
 t 
 
 ■Xi 
 
 D* 
 
 o 
 
 CO 
 
 cd 
 
 F^ 
 
 ,c! 
 
 
 4-3 
 
 •^ 
 
 H 
 
 CO 
 
 
 •H 
 
 
 Fh 
 
 
 ^ 
 
 
 cd 
 
 
 W 
 
 
 o 
 
 
 >. 
 
 
 
 
 P< 
 
 
 
 
 o 
 
 O 
 
 
 
 o 
 
 
 
 
 cd 
 
 ?-i 
 
 
 
 •^ 
 
 o 
 
 
 
 ;c| 
 
 ^ 
 
 
 
 -4-3 
 
 
 
 
 •H 
 
 •* 
 
 
 
 ^ 
 
 LO 
 
 
 
 CD 
 
 CO 
 
 
 
 h 
 
 CO 
 
 
 
 ffi 
 
 H 
 
 
 
 fl 
 
 i4 
 
 
 
 g 
 
 O 
 
 
 
 >= 
 
 p; 
 
 
 
 ■cs 
 
 o 
 
 
 
 c 
 
 4-3 
 
 
 
 © 
 
 M 
 
 
 
 m 
 
 
 
 
 O 
 
 
 
 
 -i-i 
 
 O 
 
 
 
 © 
 
 c 
 
 
 
 ri 
 
 ?H 
 
 
 
 "^ 
 
 © 
 
 
 
 m 
 
 }> 
 
 • 
 
 
 g 
 
 8 
 
 ^ 
 
 
 H 
 
 
 cc! 
 
 
 P. 
 
 iH 
 
 ?H 
 
 
 
 o 
 
 ,J3 
 
 
 © 
 
 
 •H 
 
 
 e 
 
 
 h^ 
 
 
 CO 
 
 © 
 
 >> 
 
 
 © 
 
 ft 
 
 ■i-3 
 
 
 > 
 
 ca 
 
 •H 
 
 
 •H 
 
 ft 
 
 CO 
 
 
 fci:i 
 
 
 t-i 
 
 
 
 o 
 
 © 
 
 
 -1-3 
 
 •H 
 
 > 
 
 
 H 
 
 rH 
 
 •H 
 
 1 
 
 
 P 
 
 
 a • 
 
 
 ;:i 
 
 Jo 
 
 r- 
 
 
 ft 
 
 
 •H 
 
 
 
 H 
 
 CQ 
 
 
 © 
 
 H 
 
 
 
 ,£::: 
 
 © 
 
 f4 
 
 
 -i-3 
 
 6 
 
 (D 
 
 
 <H 
 
 O 
 
 R 
 
 
 o 
 
 O 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924032618377 
 
Statk ok New York 
 
 PUBLIC PAPERS ' 
 
 Levi P. Morton 
 
 GOVERNOR 
 
 1895 
 
 ALBANY: 
 
 WEED-PARSONS PRINTING COMPANY, PRINTERS 
 189s 
 
 4 
 
h- i ou m-s 
 
PUBLIC PAPERS 
 
 GOVERNOR MORTON 
 
 ANNUAL MESSAGE 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, January 2, 1895 
 To THE Legislature: 
 
 In submitting to the Legislature of New York 
 my first annual message, I am profoundly impressed 
 with a sense of the far-reaching responsibility that 
 devolves to-day upon both the legislative and execu- 
 tive branches of our State Government. The com- 
 plete control of both of these divisions of the public 
 power and authority has been transferred from one 
 political party to another, and this transference of 
 authority has been made in the hope and firm reli- 
 ance of the people who ordained and wrought the 
 change, that great benefit would inure to the whole 
 Commonwealth from the new order of things. To 
 realize this aspiration of the sovereign people should, 
 
4 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 apart from all partisan motives, attract and gratify 
 the highest ambition of which we are capable, and 
 stimulate us to the furthest effort of human exertion. 
 The duties and' obligations with which we are 
 charged are this year more than ordinarily important 
 and onerous. The new legislation which is required 
 to give effect to the labors of the Constitutional 
 Convention is of essential importance. The closest 
 care will be demanded that no hasty, incomplete or 
 ill-advised measures be enacted, otherwise the work 
 and purpose of the Convention may be embarrassed 
 and possibly nullified for a year. Indeed, the work 
 of framing and perfecting the laws made necessary 
 by the amendments to the Constitution is likely to 
 prove so exacting, laborious and comprehensive that 
 I regard it as my duty to recommend the most 
 prompt action, so that by the end of your session 
 the purposes of the people will have been fully ac- 
 complished and wrought out, through your energetic 
 and intelligent labors. 
 
 Executive Power and Duty 
 
 The chief duty of the Governor of the State of 
 New York is " to take care that the laws are faith- 
 fully executed." The framers of American Consti- 
 tutions, National and State, have always kept in view 
 the principle of separation between the legislative, 
 executive and judicial branches of the government. 
 But there always have been certain points where 
 
ANNUAL MESSAGE c 
 
 these coordinate branches have met and crossed each 
 other. The State Constitution imposes upon the 
 Chief Executive certain responsibiHties with refer- 
 ence to legislation. He is required to take the 
 initiative in legislative proceedings by that provision 
 which charges him with the duty of communicating 
 by message to the Legislature, at every session, the 
 condition of the State and recommending to their 
 attention such matters as he shall deem expedient. 
 When the Legislature has enacted a measure, the 
 Governor must pass judgment upon it by giving or 
 withholding his official approval. He thus finds him- 
 self, in a certain way, involved with both the begin- 
 ning and the ending of all important legislation. 
 But it is my conviction that the Governor should 
 never interfere with the work of the Legislature be- 
 yond the precise line which his constitutional duty 
 and obligation warrant. The veto power, as it is 
 commonly called, is one that should be exercised 
 with great care and only when the interests of the 
 State are in question. The Chief Executive should 
 never use it as an instrument to aid in impressing or 
 imposing his will upon the Legislature, nor should it 
 be invoked to serve personal or partisan ends. 
 
 The first duty of my official life is that of com- 
 municating to the Legislature the condition of the 
 State and recommending such legislation as seems to 
 be advisable. That duty is entered upon by me with 
 great diffidence, because I feel that in your respective 
 
6 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 houses are many legislators who must have a wider 
 knowledge, gathered from their long experience, than 
 I can be assumed to possess regarding the affairs of 
 this great commonwealth. 
 
 Taxation and the Finances 
 I congratulate you and the people whom you repre- 
 sent that we commence the new year under favoring 
 auspices. The business outlook is much improved as 
 compared with its condition a year ago. The worst 
 of the "hard times" have apparently passed away, 
 and we may reasonably hope that during the ensuing 
 year we will be blessed with a fair degree of pros- 
 perity. The finances of this State are in excellent 
 condition. There is no State indebtedness whatever, 
 while the permanent funds, including the United 
 States Deposit Fund, aggregate $9,210,394.30 of 
 principal. The Comptroller informs me that the 
 amount realized from the transfer tax (otherwise 
 known as the inheritance tax) during the last fiscal 
 year was $1,688,954.24, and from the corporation and 
 organization taxes $1,796,640.87, making a total of 
 $3,484,585.11. The amount of the transfer tax was 
 much less than was received last year, but it .should 
 be borne in mind that last year's receipts were greatly 
 augmented by taxes paid upon some very large es- 
 tates and were very much greater than in any other 
 year since the tax went into operation. The State 
 realized however during the last year more than half 
 
ANNUAL MESSAGE 7 
 
 a million dollars in excess of the average of the 
 eight preceding years. It is quite evident that 
 this tax will not for years to come yield more than 
 $2,000,000 annually. 
 
 The amount realized from taxes on corporations 
 was also somewhat less than it was during the fiscal 
 year ending in 1893. This falling off was doubtless 
 attributable to the business depression by which the 
 revenues and income of corporations was unfavorably 
 affected, but the shrinkage would have been much 
 greater had the Comptroller been less diligent and 
 efficient. It has been the policy of the State for 
 nearly a decade to relieve the people so far as pos- 
 sible from direct taxation for State purposes. There 
 is but little prospect that the present indirect tax 
 laws will bring into the treasury more than $4,000,000 
 annually, for a long time to come, leaving from 
 $8,000,000 to $10,000,000 to be raised each year by 
 direct taxation. I recommend the Legislature to 
 devise ways and means, if practicable, for the enlarge- 
 ment of the field of direct taxation, but any effort in 
 that direction should be based upon equitable prin- 
 ciples and great care should be taken that the burdens 
 placed upon business enterprise are not too heavy. 
 
 The rate last, year was 2^^^ mills on the dollar, as 
 against 2tw the year before. It is made up as fol- 
 lows : For the general fund, -^%\ for extraordinary 
 repairs on the canals, tw; for maintenance and ordi- 
 nary repairs on the canals, thsV; for the free school 
 
8 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 fund, TTO, and for the maintenance of State hospi- 
 tals for the insane, ^^nr- Leaving out the last item, 
 which was not included in the State tax levy until 
 1893, the rate last year was the lowest in the history 
 of the State, with the exception of the rate in 1891, 
 when, owing to peculiar circumstances to which I 
 refer elsewhere in this document, nothing was raised 
 for the general fund. 
 
 The State's Financial Needs 
 The condition of the fiscal affairs of the State is 
 such as to demand the serious attention of the Legis- 
 lature. The assumption by the State of the care of 
 the indigent insane, and the creation and mainte- 
 nance of numerous expensive commissions, are the 
 chief causes which make remedial legislation for the 
 treasury necessary. Under the present system, the 
 tax levy made in any one year is not available until 
 the middle of April in the following year, while most 
 of the appropriations made in the same year become 
 available very soon after the passage of the act. In 
 other words, a large part of the moneys required for 
 the maintenance of the State Government for any 
 one year is expended before any portion of the tax 
 levied to meet such expenditures reaches the treasury. 
 As an illustration, I may say that I learned from the 
 Comptroller that $6,284,849 of the tax levy of 1894 
 will have been expended before a dollar of the tax 
 will have reached the treasury. 
 
ANNUAL MESSAGE 9 
 
 This feature of the State's business has always 
 been a source of embarrassment to its fiscal officers, 
 and in 1883 the Comptroller recommended that a 
 surplus of $1,000,000 be created for the purpose of 
 tiding the treasury over the non-tax-receiving period 
 between October first and April fifteenth. This 
 recommendation was adopted, and the million dollar 
 surplus raised; but in 1891 the party in power deemed 
 it expedient to fix a low tax rate, in the face of heavy 
 expenditures, and as a result the million dollar reserve 
 was included among the available assets of the 
 treasury. But even the absorption of this surplus 
 would not have saved the treasury from a deficit in 
 that year, had it not been that the $2,213,000 received 
 from the United States Government was also taken 
 and used. Simultaneously with this absorption, or 
 perversion, of the surplus fund, the Legislature passed 
 various measures which, in their ultimate effect, 
 would tend to augment the expenses of the State, 
 notably the State-care-of-the-insane Act, under the 
 provisions of which the counties of New York and 
 Kings propose to transfer from themselves to the 
 State a burden of over a million and a quarter of 
 dollars, annually expended for the care of the 
 insane. 
 
 Since 1891, it has been with the greatest difficulty 
 that the current expenses of the government have 
 been provided for during the six and a half months 
 from October first to April fifteenth, and when 
 
lO PUBLIC PAPERS OF GOVERNOR MORTON 
 
 unusual conditions have arisen, as in the present 
 year, it has been necessary for the State to become 
 a large borrower. 
 
 The necessity for a surplus was pressing before 
 the State assumed the care of the insane, October i, 
 1893; but with the enormous monthly payments 
 called for by the State-care-of-the-insane Act, a sur- 
 plus now seems indispensable to a proper mainte- 
 nance of the State Government. Moreover, it is 
 expected that New York and Kings counties will 
 this year transfer the care of their indigent insane 
 to the State, as they have a perfect right to do, in 
 which case the expense of caring for the insane will 
 be doubled. As matters now stand, nearly $900,000 
 are annually advanced from the treasury under the 
 State-care-of-the-insane Act before a single dollar of 
 the tax levied for the support of the insane reaches 
 the treasury. 
 
 In view of this condition of affairs, I respectfully 
 recommend that the tax levy for the care of the 
 insane be so adjusted as to yield a surplus of one 
 million and a half of dollars. I would also recom- 
 mend that such legal safeguards be thrown about 
 this surplus that it will be impossible to use it for 
 any other purpose than the one for which it was 
 created. 
 
 When dealing with this subject it would doubtless 
 be well also to amend the laws so as to set a uni- 
 form date or period within which all county treas- 
 
ANNUAL MESSAGE II 
 
 uries shall be required to forward their tax collections 
 to the State treasury. While the bulk of the pay- 
 ments are now made on and before April first, the 
 treasurers of some of the wealthiest counties in the 
 State have fallen into the questionable practice of 
 withholding the funds until July or August. The 
 public good requires that this laxity shall be 
 promptly remedied and prohibited. 
 
 The Need of Public Economy 
 I especially desire to call attention to the great 
 and growing demand for the most rigid economy in 
 the management of the different departments of our 
 State Government. ' From year to year, and 
 especially during the past twelve or thirteen years, 
 these expenses have grown until the burden is 
 becoming grievous .and unbearable to our citizens. 
 Indirect forms of levying taxes have been resorted 
 to, with the idea of relieving or shifting the burden 
 of taxation, but the remedy, and the only remedy, to 
 relieve the people and the industries of this State 
 from the burdens now felt so severely is by the prac- 
 tice of reasonable and just economy in all State 
 expenditures. 
 
 While I think a great reduction in expenditures 
 could, without injury to the public service, be 
 secured in all the departments of the State, I feel 
 that a greater extravagance arises from the multi- 
 plicity of " commissions," which have increased so 
 
I 2 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 rapidly in number and expense since about the year 
 1880. From an expenditure for the duties covered 
 by these commissions of less than $4,000 in 1880, we 
 have seen a growth from year to year, until the cost 
 of these commissions alone amounted last year to 
 nearly a million and a quarter of dollars. Some of 
 these commissions are unnecessary, and should be 
 abolished. Some of them should be consolidated 
 with or made bureaus of correlative departments of 
 the State Government, and by such consolidation a 
 very material reduction in the expense of their opera- 
 tion could be secured. 
 
 I understand that last year an investigation of 
 some of these commissions was undertaken by the 
 Joint Committee — the Ways and Means of the 
 Assembly, and the Finance of the Senate. That 
 inquiry was prosecuted as far as possible during the 
 session of the Legislature, but owing to the great 
 pressure of other labors at the end of the session, it 
 was impossible to complete the work, or to prepare 
 and pass all of the necessary remedial legislation. I 
 think the sentiment of the people is more decided 
 now than ever before that some radical chansfe 
 should be made on the lines above suggested. It is 
 our duty to pay attention to this demand. The 
 carrying out of this reform must be accomplished by 
 the Legislature. I would recommend therefore 
 that a committee be appointed in such manner as 
 may seem to the Legislature wise, fully authorized 
 
ANNUAL MESSAGE 1 3 
 
 and empowered to investigate and report the 
 expense of carrying on the various departments of 
 the State, so that the people may be thoroughly 
 informed as to the expenditures that are necessary 
 and those that are unnecessary ; and that such com- 
 mittee be authorized, after due investigation, to 
 report such remedial measures to the Legislature as 
 may seem fit and proper. The appointment of this 
 committee as early in the session as practicable 
 appears to be desirable, so that the work shall be 
 begun early, and the legislation necessary to carry 
 out the recommendations of the committee passed 
 at this session. 
 
 The New Capitol 
 
 I call your especial attention to the question of 
 the completion of the New Capitol. In 1890 work 
 was recommenced on this great edifice, after a cessa- 
 tion of several years. The Commissioner of the 
 New Capitol then estimated that the building could 
 be completed for something less than $2,300,000. 
 About $18,400,000 had then already been expended 
 upon it. The Legislature finally concluded to finish 
 the structure and made an appropriation for that 
 purpose. Succeeding Legislatures have taken 
 measures in the same direction, with the result that 
 appropriations aggregating more than $3,000,000 
 have been made since the estimate above men- 
 tioned. The people are thoroughly tired of this 
 
14 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 seemingly enaless drain upon the treasury. It is 
 time that decisive steps be taken to prosecute this 
 work to a close in the very near future, and within 
 a reasonable limit of expenditure. While the Com- 
 missioner of the New Capitol is entitled to great 
 credit for the excellent quality of the work that has 
 been done under his supervision, there is a general 
 feeling that the amount of money that is being ex- 
 pended is entirely too great. I suggest that tl'^e 
 Legislature procure, from the Commissioner and 
 other competent authorities, specifications of the 
 work necessary to complete the building, together 
 with estimates as to the cost, with the view that, 
 if deemed advisable, the work be completed by 
 contract. 
 
 The Constitutional Amendments 
 The principal matters in respect of which the 
 amendments of the Constitution impose an imme- 
 diate duty upon the Legislature seem to me to be 
 the following : 
 
 I The new judiciary article (article VI) requires 
 the Legislature to divide the State into four judicial 
 departments, in each one of which is to sit a branch 
 of the new appellate division of the Supreme Court. 
 The abolition of the criminal courts of Oyer and 
 Terminer and Courts of Sessions and of the civil 
 Circuit Courts, and of the Court of Common Pleas 
 and the Superior Court in New York, the City 
 
ANNUAL MESSAGE I 5 
 
 Court of Brooklyn and the Superior Court of 
 Buffalo, require a careful revision and modification 
 of the great number of statutes, so as to adapt them 
 to the new system. This is particularly important 
 in regard to criminal jurisdiction. The transfer of 
 the jurisdiction of the nine existing General Terms 
 to the new apellate divisions and the changes in the 
 jurisdiction of the Court of Appeals and of the right 
 of appeal to that court, require extensive changes 
 in the statutes upon those subjects. 
 
 In order to take over the business of these 
 Superior City Courts with their numerous clerks, 
 offices and records, legislation will be necessary to 
 enable the county clerks of the respective counties 
 to undertake and carry on the business. The re- 
 cords of the Court of Common Pleas extend over a 
 period of about 200 years, and are of great import- 
 ance and value and should be carefully provided for. 
 All of this work must be completed at this session 
 of the Legislature, because the new courts are 
 required to go into operation on the ist of January, 
 1896, The necessity of early and sustained action 
 on tliis subject is therefore apparent. 
 
 It is of special importance that the division of 
 the State into four judicial departments should be 
 made at the earliest date possible, in order that I 
 may discharge the duty which the Constitution 
 imposes upon the Governor, of ■ designating the 
 justices of the Supreme Court, who shall consti- 
 
I 6 PUBLIC PAPERS- OF GO VERNOR MORTON 
 
 tute the appellate divisions in the several depart- 
 ments. It is important that these justices should 
 be selected and assigned before the legislative 
 session closes, so that they may consult together 
 and advise the Legislature as to what action, on 
 its part, is necessary for the successful inaugur- 
 ation of the new system. As the justices are to 
 have the responsibility of making a practical work- 
 ing court, their advice and assistance should be 
 had in respect to the perfection of the details, 
 while there is still time for their views to receive 
 practical and effective attention. 
 
 2 Section 2 of article XII of the revised Consti- 
 tution requires that the Legislature shall provide 
 for the giving of public notice and opportunity of 
 a public hearing, concerning every special city law, 
 in every city to which it relates, before the mayor 
 of such city accepts or refuses to accept the bill. 
 Such provision seems to be prerequisite to the pass- 
 ing of special city laws, and as a number of new 
 laws are by general consent urgently and speedily 
 required for the city of New York, the provision 
 for hearings before the mayor ought to be made 
 by the Legislature at the earliest possible date. 
 Provision is made in this section for the classifi- 
 cation of cities into three legislative classes, on the 
 basis of the latest official enumeration of their 
 populations. Your attention is required to give 
 this amendment its intended effect. 
 
ANNUAL MESSAGE 17 
 
 3 The Penal Code of this State contains num- 
 erous and apparently sufficient provisions against 
 gambling. Among these provisions, section 351 
 makes poolselling and bookmaking upon races 
 criminal offenses. By chapter 479 of the Laws of 
 1887 (commonly known as the Ives Pool bill), the 
 Legislature exempted from the operation of the 
 above-mentioned section the race tracks and grounds 
 of incorporated racing associations during thirty 
 days of each year, and thus permitted, upon those 
 tracks and grounds alone, the acts which remain 
 criminal in all other parts of this State. The revised 
 Constitution, section 9 of article i, adds to the old 
 provision against lotteries a provision that neither 
 poolselling, bookmaking, nor any other kind of gam- 
 bling, shall hereafter be authorized or allowed within 
 this State, and requires the Legislature to pass ap- 
 propriate laws to prevent offenses against any of the 
 provisions aimed at the race-track gambling per- 
 mitted by the statute of 1887, above mentioned. 
 The Legislature, in obedience to the will of the 
 people thus expressed, should without delay, ex- 
 punge the obnoxious law from the statute books. 
 
 4 The provisions of law establishing Civil Service 
 boards and examinations in this State have hitherto 
 had only legislative and constitutional sanction. 
 The Court of Appeals has held that, in view of the 
 express powers conferred by the Constitution upon 
 the Superintendent of Public Works and the Super- 
 
1 8 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 intendent of State Prisons, the Legislature had no 
 authority to subject the appointments made by those 
 officers to Civil Service rules. It is believed that 
 the Civil Service provision authorized in the revised 
 Constitution as section 9 of article V, obviates this 
 difficulty and permits the Legislature to extend the 
 Civil Service rules to the State prisons, the canals 
 and other public works of the State. 
 
 5 Upon a separate submission of section 10 of 
 article VII the people have, by a majority of about 
 115,000, much larger than that cast for any other 
 amendment, declared their will that the canals shall 
 be improved in such manner as the Legislature shall 
 provide by law. 
 
 6 The new provision of section i of article IX 
 requires the Legislature to provide for the main- 
 tenance and support of a system of free common 
 schools, wherein all the children of the State may 
 be educated. That is now far from being the case, 
 and the Legislature ought to take immediate steps 
 to fulfill this mandate. Special investigation should 
 be made to ascertain what children may be cut off 
 from educational facilities by force of the new pro- 
 vision of section 4 of article IX. 
 
 7 Section 29 of article III requires the Legislature 
 to provide by law for the occupation and employment 
 of prisoners in the State prisons, and as the same 
 section prohibits the continuance of the present sys- 
 tem of employment after the ist of January, 1897, 
 
ANNUAL MESSAGE rxg 
 
 no time should be lost in considering how the Legis- 
 lature shall obey this mandate. 
 
 8 The prohibition against selling the Onondaga 
 Salt Springs has been abrogated. These springs are 
 a constant source of useless and therefore, unjusti- 
 fiable expense to the State, and the disposition to be 
 made of them ought to be promptly considered and 
 determined. 
 
 9 Extensive improvements in the agricultural 
 regions of the State are understood to be waiting 
 only for the Legislature to give effect to the new 
 provision in section 7 of article i, which provides for 
 the passage of general drainage laws, to which I 
 make reference elsewhere. 
 
 10 The new provisions contained in sections 11 to 
 15 of article VIII require the Legislature to provide 
 for a. general system of visitation and inspection of 
 charitable institutions, insane asylums and prisons, 
 and for the regulation of public aid to charitable and 
 correctional institutions, wholly or partly under pri- 
 vate control. These requirements are aimed at grave 
 existing abuses and should be promptly complied 
 with. 
 
 Reform Legislation for New York City 
 
 A Power of. Removal bill, as a means of securing 
 
 better government in cities, is demanded by a large 
 
 part of the people. This requirement has been 
 
 undoubtedly accentuated, if not originated, by the 
 
20 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 exposure of wholesale corrupt practices and admin- 
 istrative abuses in the municipal departments of the 
 city of New York. These have been brought to the 
 public notice in so conspicuous a manner that no 
 characterization from me is needed, to deepen the 
 impression they have wrought in the public mind, 
 that prompt and radical measures for their correc- 
 tion are imperative. And this sentiment exists not 
 merely in the metropolis, but among the people of 
 the State who have, by an expression most unusual 
 in its volume, evinced their reprobation of these sys- 
 tematized official crimes, and have brought into the 
 places of authority men especially selected for the 
 work of eradicating the evils so everwhelmingly con- 
 demned by the power of the suffrage at the recent 
 election. The Legislature no doubt recognizes that 
 one of its most solemn and imperative duties will be 
 to cooperate with the representatives of reform sen- 
 timent and action in New York city and conform its 
 legislative acts to the desires of the people at the 
 earliest possible day. A Power of Removal bill for 
 the city of New York, placing in the hands of the 
 mayor absolute and unquestionable authority to 
 remove any of the appointive officers of the city 
 government and to appoint their successors, is an 
 immediate requirement at your hands. The special 
 committee of the Senate, known as the Lexow Com- 
 mittee, which has been investigating the city depart- 
 ments for some months past, will doubtless submit 
 
ANNUAL MESSAGE 21 
 
 its report to the Legislature early in the present 
 month, and is expected also to recommend various 
 measures or plans for needed reform. In the mean- 
 time, the duty is incumbent on you, under the 
 expressed will of the people of the metropolis, to 
 give to the mayor of New York the requisite power 
 of removal and appointment, without waiting for the 
 full details of the reform plan. I deem it proper, 
 however, to counsel wisdom and calm discretion 
 when dealing with this question, so that the domi- 
 nant and responsible political party may be cred- 
 ited with a lofty purpose and not charged with a 
 lust for what are regarded as the " spoils of victory." 
 
 The Greater New York 
 Last year the Legislature enacted a law submitting 
 to the voters of New York, Brooklyn and adjacent 
 cities the question of bringing all their populations 
 into one great municipality. The people of the 
 cities involved in the proposition have declared by 
 popular vote in favor of this consolidation, and it 
 now becomes the duty of the Legislature to take 
 such further steps as are necessary to carry their 
 wishes into effect. The framing of a charter for a 
 city of more than three millions of people is a com- 
 prehensive, delicate and important task ; one that 
 should not be entered upon without careful and 
 serious preparation. It is doubtful whether the 
 Legislature, in view of the many duties that will 
 
2 2 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 press upon it during the coming season, will be able 
 to fully perform this labor. I suggest therefore 
 that a commission be at once created, to be com- 
 posed of thfe most capable citizens of the various 
 localities interested, and to be charged with the 
 power and the duty of framing a charter and report- 
 ing the same to the present Legislature, if such a 
 plan can be drafted and submitted before the session 
 closes. 
 
 The Election Laws 
 One of the most important subjects which you will 
 be called upon to consider is that of improving our 
 election laws. The people are vitally interested in 
 honest elections. There is an imperative public 
 demand that the ballot-box shall be made to regis- 
 ter so far as possible the free and uncorrupted will 
 of the legal voters. This State was the first that 
 attempted a thorough reformation of the elective 
 system, but owing to differences between the leo-is- 
 lative and executive branches of the government 
 upon the subject, nothing was accomplished until 
 1890, when the present ballot law was placed upon 
 the statute books. That law is generally conceded 
 to be very inadequate, .and the opinion is almost 
 universal that it should be radically changed. While 
 it has to a certain extent secured secrecy of the bal- 
 lot, it has been the source of evils that have almost 
 counterbalanced its good results. The experience 
 
ANNUAL MESSAGE 23 
 
 of several years has made it very clear that the sys- 
 tem of providing a separate ballot for each group of 
 nominations is cumbersome and unsatisfactory. 
 The "blanket" ballot, so called, which has been suc- 
 cessfully used in many States of the Union, should 
 in my judgment be adopted in this State without 
 further delay. Without intending to dictate as to 
 the particular form, I think it proper to suggest that 
 it would be well to provide for party symbols, and 
 for printing the names of each group of candidates 
 in parallel columns, each under its appropriate sym- 
 bol and party or political designation. That was 
 the form of ballot provided for in the bill which 
 passed the Legislature at the last session, and it 
 seems to meet with general approval. The bill was 
 vetoed, not because of its form however but because 
 it did not permit the use of the blanket paster. 
 This kind of ballot has been used for years in a 
 number of the States with gratifying results. 
 
 It is my belief that the use of the "blanket 
 paster" ballot should be at once prohibited, for 
 through its instrumentality the purpose of the law 
 has been to a large extent defeated. It can not be 
 claimed that the "paster" is necessary, because it 
 has never been used in those other States which have 
 adopted the Australian system of voting. There is 
 a question whether the use of "pasters" containing 
 the names of individual candidates, whose names are 
 not printed in the ofificial ballot, is not both proper 
 
24 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 and necessary so as to preserve the constitutional 
 rights of illiterate voters. It is not necessary for me 
 to suggest that nothing should be left undone that 
 will secure to every citizen his right of suffrage. 
 The State of New York is also entitled to the credit 
 of having taken the lead in placing upon the statute 
 books a strong law against corrupt practices at elec- 
 tion. That law, which is a part of the State's Penal 
 Code, has been strengthened from time to time, so 
 that it is now one of the best statutes of the kind in 
 the country. But there is one particular in which 
 this law seems to be defective. While it requires 
 every candidate for public office to file a sworn state- 
 ment of his disbursements of money for election 
 expenses, it omits to require similar statements from 
 political committees. This I regard as a very 
 serious defect, and one that should be remedied 
 without delay. 
 
 The revised Constitution, article 2, section VII, 
 very wisely provides that, to be entitled to vote, a 
 person must have been a citizen for ninety days 
 before election. As a result of this provision it will 
 not hereafter be necessary to set apart a fifth day for 
 registration in the cities of the State, and I recom- 
 mend that the election law be amended in conformity 
 with this modification. 
 
 As amended the Constitution makes the duty of 
 the Legislature very plain in respect to the registra- 
 tion of voters. By section 4, article II, it is provided 
 
ANNUAL MESSAGE 25 
 
 that in cities and villages having 5,000 inhabitants 
 or more, voters shall be registered upon personal 
 application only. This makes it necessary to extend 
 the personal registration requirements, which now 
 apply only to cities, to all villages which contain 
 5,000 or more. The section referred to exempts citi- 
 zens in cities or villages of less than 5,000 inhabitants 
 from such personal registration. 
 
 Another important amendment bearing upon the 
 subject of elections is embodied in section 6 of the 
 same article which requires equal representation of 
 the two great political parties in all boards of regis- 
 tration and election. In this respect however the 
 Legislature of 1894 anticipated the action of the 
 Convention bypassing an act providing for bi-partisan 
 election bpards. 
 
 The State Canals 
 The improvement and administration of the State 
 canals should command most careful and enlightened 
 attention at the present session. Since the inception 
 of that great enterprise, the Erie canal, more than 
 three quarters of a century ago, the people of this 
 State have continually recognized the impetus it has 
 given to the general progress and commercial pros- 
 perity of the commonwealth. It has been a prime 
 factor in the establishment and maintenance of the 
 commercial eminence of the port of New York. 
 When the canal was constructed and for many years 
 
26 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 afterward, there were no railways to compete with 
 this great waterway, and the natural products of 
 practically the whole of the then limited new country, 
 to the north and west of this State, found by this 
 channel their way to the markets of the world. The 
 canal has now for its competitors five of the most 
 perfect trunk-line systems of railway in the world, 
 administered and operated by master-minds and 
 backed by enormous capital, the security of which 
 lies in the maintenance of a successful rivalry. And 
 while the railways have made steady and rapid pro- 
 gress on the line of improved methods and inven- 
 tions, the system of operating the canal is scarcely 
 changed. As a consequence largely of these diverse 
 conditions the tonnage of the canal has shown a 
 continuous decrease during the last few years, and 
 for the year just closed the tonnage was the smallest 
 since 1859. I" 'he past season the railways have 
 carried 4945 per cent, of the total amount of grain 
 delivered at the port of New York, and the canals 
 50. 1 per cent. For the eleven months to November 
 thirtieth, Baltimore exported about 15,000,000 
 bushels, or nearly one-half as much grain as New 
 York, while Baltimore, Philadelphia, Boston and 
 Montreal, together, exported 36,155,396 bushels, of 
 which a large amount could have been diverted to 
 New York for export if the canals could have fur- 
 nished the necessary accommodation at a low rate 
 of cost. Assuming that on terminal charges, freight 
 
ANNUAL MESSAGE 2"] 
 
 and handling, five cents is earned from every bushel 
 of grain that passes through this State, $1,807,770 
 were by this diversion lost to the people employed 
 in this State upon a product in transit, which was 
 neither raised nor consumed within our borders. 
 The question of deepening the canals, the Erie to 
 nine feet and the Champlain to seven feet, will come 
 before you this session, and will, I trust, receive the 
 iserious consideration which the great importance of 
 the subject deserves. While it is true that the rail- 
 ways of our own State are active rivals of the canal, 
 statistics show that these rail lines have not carried 
 all of the freight not borne by the canals, but that 
 other railways. States and ports have been growing 
 opulent and important in handling the rich burdens 
 which might have been in great part controlled for 
 our own commercial advantage. The Dominion of 
 Canada too has expended and is still expending 
 vast sums in governmental aid to the canals of that 
 country, and is also an active competitor against our 
 canal system as well as against our railways. It is 
 unnecessary to submit here the statistics which go to 
 show the danger that threatens the commerce of our 
 State. These details will come before you in the 
 official annual report of the Superintendent of Pub- 
 lic Works. It is my duty however to emphasize 
 the lesson which these figures teach, and to urge 
 upon you the need of prompt and statesmanlike 
 action in providing for the improvement of the 
 
28 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 canals and their administration upon a sound busi- 
 ness basis, unmixed with poHtical or other subor- 
 dinate purposes and policies. 
 
 Agricultural Drainage 
 There is one provision of the revised Constitution 
 in which many farmers of the State are greatly- 
 interested. Under the old Constitution a doubt 
 existed as to the power of the Legislature to provide 
 a method by which owners of agricultural lands 
 could construct necessary ditches, for the drainage 
 of their own lands across the lands of others. As a 
 consequence those who owned low or swamp lands, 
 or lands upon which in certain seasons the sur- 
 face waters settled, have been compelled in many 
 instances to suffer great hardships, because they 
 could not conduct the water across a neighbor's 
 premises even by paying a just compensation for 
 the privilege. This right is given by section 7, arti- 
 cle I of the new Constitution, and I recommend that 
 the Legislature pass an act at an early day that will 
 provide a speedy and economical means of relief for 
 those who are interested in the matter. 
 
 Roads and Highways 
 The subject of good roads is one which merits 
 thoughtful attention at your hands, for it is year 
 by year becoming of larger importance in the pub- 
 lic eye. Nearly all of the various State Legislatures 
 
ANNUAL MESSAGE 29 
 
 which will be in session during this year will be 
 engaged in efforts to secure practical results, in the 
 direction of selecting approved methods, though on 
 a variety of lines or theories. The information 
 obtained by the Office of Road Inquiry, a bureau of 
 the Federal Department of Agriculture, and which 
 has had correspondence on the subject with all of 
 the State Governments, is that wide divergence of 
 opinion exists on the whole question, and it is feared 
 that it may in consequence be difficult to secure 
 sound practical results. Not less than half a dozen 
 plans are in effect or contemplation, a fact that is 
 undoubtedly regretable, and it would seem desirable 
 that the Empire State should, with its characteristic 
 progressiveness, be a leader in the establishment of 
 an acceptable system of road improvement, extension 
 and maintenance. The advocates of road improve- 
 ment in several States are urging the establishment 
 of a temporary joint commission, by the respective 
 Legislatures, such commission to include, besides 
 members of both legislative houses, representatives 
 of road improvement organizations. If this plan is 
 adopted by a number of the State Legislatures, the 
 Federal Office of Road Inquiry proposes to act as a 
 medium of communication between them, as well as 
 a source of information. I think that the Legisla- 
 ture might, by a committee, put itself into communi- 
 cation with the National and State authorities on 
 the subject, and acquire all available information as 
 
30 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 to plans and experiments, with a view to obtaining 
 good roads, constructed on wise and economical 
 principles, throughout the State. 
 
 Convict Labor 
 The constitutional amendment, which takes effect 
 two years hence, forbidding the State to employ- 
 convicts at the State and county prisons, jails and 
 reformatories in any industrial arts or useful occu- 
 pations the products of which may come into com- 
 petition with the work or products of the people, 
 imposes a grave duty upon the law-making power. 
 No condition is so subversive of both moral and 
 physical discipline, especially among bodies of men 
 under punitive restraint, as that of idleness, and the 
 restriction now imposed upon their occupation will 
 render it no easy task to provide employment within 
 the law, and to make the convicts yield an apprecia- 
 ble proportion of the cost of their maintenance. If 
 their services can be legally applied to the building 
 and improvement of roads and highways, the manu- 
 facture of clothing and other articles, the raising 
 of food supplies on State farms and other like pur- 
 suits, all for use in State institutions, the solution of 
 the problem' may be less difficult than it now appears 
 to be. The character of the laws framed to accom- 
 plish this end will be closely scrutinized by the 
 people, and should be such as to relieve the indus- 
 trial workers and their employers from the competi- 
 
ANNUAL MESSAGE 3 1 
 
 tion of prison labor, against which they have for 
 years past so earnestly protested. 
 
 The Civil Service Laws 
 The Civil Service Laws of the State have been 
 powerfully reinforced by the adoption of an amend- 
 ment to the organic law, recognizing this great 
 reform principle and extending its operation. The 
 law-making authority is required to give effect to 
 these provisions. It may be well considered whether 
 the prudent and consistent extension and perfection 
 of the system will not exert a most beneficial effect 
 in averting and rendering impossible many of the 
 corrupt and otherwise reprehensible practices which 
 have of late scandalized so many branches of the 
 public service. Under this constitutional recognition 
 the Civil Service Laws will become applicable to 
 municipal and county officials and employees, as well 
 as to State employees. The same section also gives 
 recognition to the principle that honorably dis- 
 charged soldiers and sailors of the civil war shall be 
 entitled to preference in appointment and promotion, 
 from the eligible lists, without reference to their 
 standing on any such list from which the appoint- 
 ment or promotion may be made. 
 
 The Bank Department 
 ■ The great increase in the resources of the various 
 institutions supervised by the Bank -Department dur- 
 
32 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 ing the last decade entitles it to special mention. 
 Ten years ago the total resources of these institu- 
 tions were a little over $845,000,000. To-day, by 
 reason of the increase in the number and business of 
 banks of deposit,- savings banks and trust companies, 
 together with the building and loan associations and 
 foreign mortgage companies, which were placed 
 under the supervision of the department in 1890, 
 there appears to be an increase in resources of about 
 $580,000,000, making a total of $1,425,000,000. 
 
 In the revision and reenactment of the Banking 
 Laws in 1892, many valuable amendments were 
 made; but there are several amendments which might 
 still be made with the effect of further improving the 
 law. For instance, as the law now reads a bank 
 may commence business by paying in fifty per cent, 
 of its capital stock — the balance to be paid in in in- 
 stallments of ten per cent, at the end of each suc- 
 ceeding month, until it is fully paid. Experience 
 has shown that the remaining portion of the capital 
 stock is not paid in as provided by law, and more 
 or less confusion arises over the payment of the re- 
 maining half. I am of the opinion that the whole 
 capital stock should be actually paid up before the 
 new bank is authorized to commence business. A 
 number of banking institutions have been forced 
 into bankruptcy for one or all of the following 
 causes, to wit : The loose method by which officers 
 and employees of a bank may borrow money from the 
 
ANNUAL MESSAGE 33 
 
 institution, upon their own motion, such amount 
 as they may desire ; the loaning of funds by a bank 
 upon the security of its own capital stock ; and the 
 tendency of so many banks to pay out their profits in 
 dividends, rather than to create a reasonable surplus 
 fund with which to meet inevitable losses. 
 
 I would recommend that the Banking Law be so 
 amended that the officers having the physical control 
 of the funds of a bank should not be allowed to loan 
 money to themselves, but that their applications for 
 loans should be submitted to the board of directors, 
 and the consent of a majority of such board should 
 be required precisely as general customers procure 
 loans. Also that banks should be required to ac- 
 cumulate a reasonable surplus fund or go out of 
 business, and that they should be prohibited from 
 loaning money upon the security of their own capi- 
 tal stock. 
 
 , Savings Banks 
 
 There not a few instances in this State where 
 savings banks and banks of discount are located in 
 the same room, and are controlled by the same 
 management ; at one desk the savings bank 
 officers receive deposits; at another desk close by 
 the discount bank receives and pays out moneys. 
 The board of trustees of the one institution is 
 composed mainly, if not wholly, of the directors 
 of the other, so that when trouble, arises to the 
 one, the other is also invariably involved. At least 
 3 
 
34 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 two instances have occurred within the last two 
 years where discount banks have suspended, and 
 savings banks doing business in the same room have 
 been forced into failure for the reason that their 
 entire available funds were "tied up" in their sus- 
 pended bank. This condition of affairs demands 
 prompt rectification. Each banking institution 
 should be independent of the other, and the available 
 funds of savings banks should be deposited in such a 
 manner as to be beyond the perils which may in- 
 volve the discount banks. 
 
 Public Instructiokt 
 It is a matter for congratulation that the leader- 
 ship of New York State in educational affairs is 
 everywhere recognized. Her present system of sup- 
 ervision and examinations is uplifting the calling of 
 the teacher, giving more assurance of employment to 
 those well qualified, and insuring to the public a 
 more adequate return for the liberal expenditure 
 that has always honorably distinguished the Empire 
 State. Buildings, equipment, library and apparatus 
 do not make a school. It is upon the fitness of the 
 teacher that our educational system depends for its 
 results. Toward this end our State is making unex- 
 ampled progress. Our normal schools, teachers' in- 
 stitutes and teachers' training classes are growing in 
 efficiency and are disseminating a professional spirit 
 which reaches the smallest country schools. Corres- 
 
ANNUAL MESSAGE 
 
 35 
 
 ponding progress appears along the distinctly dif- 
 ferent line of higher education. Particularly by 
 concentrating .in a responsible body the supervision 
 and control of higher institutions of learning and 
 professional preparation, the public interests are 
 more adequately protected. It is recommended that 
 the Legislature provide liberally but with economic 
 discretion for the carrying on of the system of public 
 education. 
 
 The State Insurance Department 
 The business of insurance has reached such vast 
 proportions within this State and the interests in- 
 volved in its proper conduct are so vital to the wel- 
 fare of our citizens, that the placing of it under the 
 controlling supervision of the State, as was done in 
 1859, was a matter of public policy, the propriety of 
 which can not be well questioned at this time. It is 
 supervised under the authority of laws that I think 
 still need considerable amendment and revision. In 
 1892 a revision of these laws was undertaken and in 
 a manner accomplished, but the statutes relating to 
 the supervision of the business of insurance still need 
 radical amendment in many respects, and it seems 
 proper to suggest such legislation as may result in 
 the enactment of laws governing the regulation by 
 the State of this business, the intelligent supervision 
 of which is so essential to the best interests of the 
 people of the State. 
 
36 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 The revision of 1892 was accomplished through 
 the medium of a commission app'ointed to revise the 
 Insurance Law, as well as other laws. The scheme 
 of revision contemplated more particularly the codifi- 
 cation and rearrangment of such laws relating to in- 
 surance as existed at the time. The result has been 
 that the law is practically the reenactment of old 
 statutes, which under changed conditions, brought 
 about by the development and progress of this busi- 
 ness, are in numerous instances unfitted to deal in- 
 telligently or effectively with this interest as it should 
 be dealt with. 
 
 The Dependent Insane 
 The State Commission in Lunacy reports that 
 while the reduction in expenses for maintenance of 
 the State hospitals for the insane, for the first year 
 under the new system, amounted to $275,000, exclu- 
 sive of the expenditure of surplus funds, as com- 
 pared with the last year's expenditures under the 
 old system, there will be a deficiency of income 
 amounting to $219,000. This arises from the insuf- 
 ficiency of the appropriation, and you will be called 
 upon to provide for this shortage in addition to the 
 usual tax for maintenance. For the next fiscal year, 
 the gross sum to be raised therefore will be about 
 $1,800,000, exclusive of the amount necessary to pro- 
 vide for additional buildings, repairs and improve- 
 ments. Examination shows that for the past eight 
 
ANNUAL MESSAGE 37 
 
 years the appropriations for buildings, repairs and 
 improvements alone have averaged more than 
 $1,000,000 per year. Careful inquiry into the sub:- 
 ject leads to the conclusion that with a more judi- 
 cious plan of both appropriation and expenditure, 
 one-half of this annual amount would have been 
 ample for the purpose. But so long as the practice 
 exists of making separate appropriations for each in- 
 stitution, without consideration of the needs of the 
 State as a whole, such excessive expenditures are 
 likely to result. It is therefore suggested that in 
 lieu of this unbusinesslike method, the annual tax 
 for maintenance be increased to a sum sufficient to 
 provide for the needs of all the State hospitals, 
 includinof additional accommodations for the annual 
 increase in the number of inmates as well as for 
 repairs and improvements, and that this gross appro- 
 priation be apportioned and expended among the 
 various hospitals under the law controlling the ordi- 
 nary expenditures for care and support. These laws 
 have yielded good results by reducing materially the 
 cost of caring for the dependent insane and at the 
 same time insuring to them every necessary comfort 
 and attention. The large appropriations of the past 
 have enabled the Commissioners to extend the build- 
 ing accomodations, so that, including those now in 
 course of erection, no additional buildings will be 
 required for some years to come, and the immediate 
 needs will only require the furnishing of about three 
 
38 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 hundred beds to accommodate the estimated increase 
 of inmates. This will involve a comparatively small 
 outlay, for if the buildings are erected on the present 
 State hospital grounds (as contemplated by the act 
 of 1890) the cost should not exceed %^^o per captia, 
 the sum prescribed in the act referred to, including 
 furniture and fixtures. This course must be followed 
 if economy in the care of the insane is to be observed. 
 The expenditure for this purpose is already one of 
 the largest items in the State budget, and if the 
 counties of New York and Kings adopt the course 
 expected, by asking to be relieved of the care of 
 their insane, the annual appropriation for the main- 
 tenance of the indigent insane will exceed in amount 
 the appropriation for any other single department, 
 of the State government. It will approximate 
 $3,500,000 to $4,000,000. It is of course conceded 
 that the two counties last named have the perfect 
 right to turn over their insane to the care of the 
 State, and the dictates of humanity and justice favor 
 the transfer. The total number of insane in the 
 various institutions of the State is nearly 20,000, of 
 whom about 9,000 are in the asylums of New York 
 and Kings counties. During the past year the last 
 of the insane remaining in the poor-houses of the 
 various counties and towns have been transferred to 
 the State hospitals, under the operation of the State- 
 care-of-the-insane act. 
 
ANNUAL MESSAGE 
 
 39 
 
 Maintenance of State Charities 
 The new and enlarged duties imposed upon the 
 State Board of Charities by the fourteenth section 
 of the eighth article of the revised Constitution calls 
 in my judgment for immediate action on the part of 
 the Legislature, to enable that board properly to dis- 
 charge those duties. Payments by the several civil 
 divisions of the State to charitable, eleemosynary, cor- 
 rectional and reformatory institutions, either wholly 
 or partly under private control, can not hereafter be 
 made for any inmate of any such institution who is 
 not received and retained therein pursuant to rules 
 established by the State Board of Charities. The 
 evident object of this provision was to secure, 
 through the instrumentality of the board, the effectual 
 prevention of any payments for sectarian objects. 
 To accomplish this purpose the existing machinery 
 of the State Board of Charities is wholly inadequate, 
 and a suitable act should be passed making it the 
 duty of the board to appoint inspectors of these 
 institutions, regulating the manner of making such 
 payments as prescribed by the Constitution and con- 
 taining such other provisions as in your judgment 
 shall tend to secure the most economical and intelli- 
 gent care of such inmates and carry this new and 
 important provision of the Constitution into effectual 
 operation. 
 
40 fublic papers of governor morton 
 
 State Forestry 
 The preservation of the forest domain of the 
 State is a subject of deep concern to the whole com- 
 munity, involving as it does the preservation of the 
 natural sources of water supply. Peculiar significance 
 was given to this question .in the recent Constitu- 
 tional Convention, by the fact that the amendment 
 providing for the keeping of the forest reservations 
 forever as wild forest lands was urged by important 
 commercial interests, and was the only amendment 
 that was adopted without dissent. Due attention 
 should be given to the necessary legislation to carry 
 the will of the people into effect. The carrying out 
 of these provisions will also tend to the preservation 
 of game birds and animals on the public lands, a 
 subject worthy of legislative attention, especially 
 with respect to the advisability of prohibiting the 
 use of dogs in the hunting of deer. The decimation 
 of herds does not result from killing by the dogs, 
 but the hunted animals almost invariably take refuo-e 
 in the numerous lakes, ponds and brooks, where they 
 are so helpless that they fall victims to other hunters 
 who lie in wait for easv captures. 
 
 The State Troops 
 The proper maintenance of the military and naval 
 forces of the State is a matter which it is necessary 
 for me to impress upon you with more than ordinary 
 
ANNUAL MESSAGE 41 
 
 directness. The National Guard of New York is 
 conceded to be second to none, and it must not be 
 allowed to deteriorate. There is one respect in 
 which the State troops, both military and naval, and 
 the officers commanding them, begin to seriously 
 feel their inefficiency, and that is, the inferiority of 
 their weapons. The State authorities will, within a 
 year at the furthest, have to give serious and busi- 
 ness-like attention to the matter of supplying the 
 Guard with arms of modern pattern, adapted to the 
 requirements of the plan of warfare which their new 
 tactical manoeuvres contemplate and were devised to 
 meet. 
 
 With these suggestions and recommendations, I 
 commit to your hands the laborious duty of framing 
 and enacting the legislation needed by the State at 
 this session. I doubt not that candor, honesty, dis- 
 cretion and industry will governor your delibera- 
 tions, and that the result will win the approval of 
 
 the people. 
 
 LEVI P. MORTON 
 
42 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 ASSIGNMENT OF EX-JUSTICE BARNARD 
 TO DUTY IN THE SUPREME COURT 
 
 State of New York 
 
 Executive Chamber 
 
 Whereas, The term of oflfice of the Honorable 
 Joseph F. Barnard a Justice of the Supreme Court 
 in and for the Second Judicial District having been 
 abridged on the thirty-first day of December, 1893, 
 by the limitation of age prescribed by section twelve 
 of article six of the Constitution ; and he prior to said 
 date having served ten years as said Justice and 
 having thereby become entitled to continue to 
 receive the compensation established by law for the 
 remainder of the term for which he was elected, to 
 wit, until the thirty-first day of December, 1899, 
 which said compensation is now being received by 
 him ; and he consenting to be assigned by the Gov- 
 ernor to any duty in the Supreme Court while his 
 compensation is so continued ; and it appearing to 
 my satisfaction that the public interest requires it ; 
 
 Therefore, By virtue of the power conferred upon 
 me by section twelve of article six of the Constitution 
 and upon filing his written consent thereto, I do 
 hereby assign the Honorable Joseph F. Barnard to 
 any duty in the Supreme Court which he might law- 
 fully have performed if his term of office had not 
 
DESIGNATION OF JUDGE BARNARD 4^ 
 
 been abridged as aforesaid for and during the term 
 ending December thirty-first, i8g6. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 [l s] Albany this twelfth day of January in 
 
 the year of our Lord one thousand eight 
 
 hundred and ninety-five, 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUDGE BARNARD TO 
 EXTRAORDINARY SPECIAL TERMS IN 
 THE SECOND JUDICIAL DISTRICT 
 
 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 extra- 
 ordinary Special Terms of the Supreme Court to be 
 held at the court-house in the city of Poughkeepsie 
 in the county of Dutchess on Saturday the second 
 day of February, 1895, and on each and every Sat- 
 urday thereafter at ten o'clock in the forenoon for 
 and during the term ending December thirty-first, 
 1896 ; said Special Terms to be continued so long as 
 
44 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 may be necessary for the disposal of the business 
 that may be brought before them ; and I do hereby 
 designate and assign to hold each of said extra- 
 ordinary Special Terms of the Supreme Court the 
 Honorable Joseph F. Barnard a Justice of the 
 Supreme Court whose term of office has been 
 abridged, pursuant to the provision of section twelve 
 of article six of the Constitution, but who with his 
 consent has been by me assigned to duty in the 
 Supreme Court for the term above stated. And I 
 do further direct that notice of the appointment 
 aforesaid be given by publication of this order once 
 in each week for two weeks prior to said second day 
 of February, 1895, in the Brooklyn Eagle a news- 
 paper published in the city of Brooklyn and in the 
 Poughkeepsie News-Press and in the Poughkeepsie 
 Eagle newspapers published in the city of Pough- 
 keepsie and on filing a copy thereof on or before the 
 twenty-first day of January, instant, in the office of the 
 clerk of each county in the Second Judicial District. 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 [l s] Albany this twelfth day of January in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
DESIGNATION OF JUSTICE WARD 45 
 
 DESIGNATION OF JUSTICE WARD TO 
 THE GENERAL TERM OF THE FIFTH 
 DEPARTMENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with the statute in such case made 
 and provided the Honorable Hamilton Ward a Jus- 
 tice of the Supreme Court of the Eighth Judicial 
 District is hereby designated as Associate Justice of 
 the General Term for the Fifth Department of the 
 Supreme Court, to fill the vacancy caused by the resig- 
 nation of the Honorable Albert Haight and for the 
 remainder of the term as such Associate Justice for 
 which Judge Haight was last designated. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this sixteenth day of January in 
 
 the year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
46 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 APPROVAL OF THE REMOVAL FROM 
 OFFICE OF EXCISE COMMISSIONERS 
 FOR QUEENS COUNTY 
 
 State OF New York 
 
 Executive Chamber 
 
 In the matter of the removal of Michael Doyle, Frank 
 P. Krug and John F. McGowan from the office of 
 Excise Commissioner of the town of Newtown in 
 the county of Queens — Approval of Order of Re- 
 moval. 
 
 Whereas, The county judge of the county of 
 Queens, by an order made on the sixteenth day of 
 January, 1895, has removed from the office of Excise 
 Commissioner of the town of Newtown in said 
 county of Queens, Michael Doyle, Frank P. Krug 
 and John F. McGowan, ifter having allowed them 
 an opportunity to be heard and has filed with me for 
 my approval as required by law a statement of his 
 reasons for such removal together with the minutes 
 of the proceedings therein ; and 
 
 Whereas, After a careful examination of the 
 reasons presented by said county judge I have come 
 to the conclusion that the said removal was proper 
 and justifiable ; 
 
 Now Therefore It is ordered that the removal of 
 the said Excise Commissioners be and the same is 
 hereby approved. 
 
DESIGNATION OF JUSTICE VAN BRUNT 47 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this twenty-ninth day of January 
 
 in the year of our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE VAN BRUNT 
 AS PRESIDING JUSTICE OF THE APPEL- 
 LATE DIVISION OF THE FIRST DE- 
 PARTMENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of the 
 Constitution the Honorable Charles H. Van Brunt 
 of the city and county of New York a Justice of the 
 Supreme Court of the First Judicial District is hereby 
 designated as Presiding Justice of the Appellate 
 Division of the Supreme Court in and for the First 
 Judicial Department for the term ending December 
 31st, 1897. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
48 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Albany this twenty-first day of February 
 
 [u s.] in the year of our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor: 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE BARRETT AS 
 ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION OF THE FIRST DE- 
 PARTMENT 
 
 State of New York 
 
 Executive Chamber 
 In accordance with section two of article six of the 
 Constitution the Honorable George C. Barrett of 
 the city and county of New York a Justice of the 
 Supreme Court of the First Judicial District is 
 hereby designated as Associate Justice of the Appel- 
 late Division of the Supreme Court in and for the 
 First Judicial Department for the term ending 
 December 31st, 1899. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this twenty-first day of February 
 
 in the year of our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor: 
 
 Ashley W. Cole 
 
 Private Secretary 
 
DESIGNATION OF JUSTICE INGRAHAM 49 
 
 DESIGNATION , OF JUSTICE INGRAHAM 
 AS ASSOCIATE JUSTICE OF THE AP- 
 PELLATE DIVISION OF THE FIRST DE- 
 PARTMENT. 
 
 State of Nkw York 
 
 Executive Chamber 
 
 In accordance with section two of article six of the 
 Constitution the Honorable George L. Ingraham of 
 the city and county of New York a Justice of the 
 Supreme Court of the First Judicial District is 
 hereby designated as Associate Justice of the Appel- 
 late Division of the Supreme Court in and for the 
 First Judicial Department for the term ending 
 December 31, 1900. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this twenty-first day of February 
 
 in the year of our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 4 
 
50 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 DESIGNATION OF JUSTICE PATTERSON 
 AS ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION OF THE FIRST DE- 
 PARTMENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of the 
 Constitution the Honorable Edward Patterson of 
 the city and county of New York a Justice of the 
 Supreme Court of the First Judicial District is 
 hereby designated as Associate Justice of the Appel- 
 late Division of the Supreme Court in and for the 
 First Judicial Department for the term ending 
 December 31, 1900. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this twenty-first day of February 
 
 in the year of our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
DESIGNATION OF JUSTICE O'BRIEN 5 I 
 
 DESIGNATION OF JUSTICE O BRIEN AS 
 ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION OF THE FIRST DE- 
 PARTMENT 
 
 State of New York 
 
 Executive Chamber 
 
 ♦ 
 
 In accordance with section two of article six of the 
 Constitution the Honorable Morgan J. O'Brien of 
 the city and county of New York a Justice of the 
 Supreme Court of the First Judicial District is 
 hereby designated as Associate Justice of the Appel- 
 late Division of the Supreme Court in and for the 
 First Judicial Department for the term ending 
 December 31st, igoo. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this twenty-first day of February 
 
 in the year of our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
52 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 DESIGNATION OF JUSTICE DWIGHT AS 
 ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION OF THE FIRST DE- 
 PARTMENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of the 
 Constitution the Honorable Charles C. Dwight of 
 the city of Auburn a Justice of the Supreme Court 
 of the Seventh Judicial District is hereby designated 
 as Associate Justice of the Appellate Division of 
 the Supreme Court in and for the First Judicial 
 Department for the term ending December 31st, 
 1900. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this twenty-first day of February 
 
 in the year of our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
DESIGNATION OF JUSTICE WILLIAMS 53 
 
 DESIGNATION OF JUSTICE WILLIAMS 
 AS ASSOCIATE JUSTICE OF THE AP- 
 PELLATE DIVISION OF THE FIRST DE- 
 PARTMENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of the 
 Constitution the Honorable Pardon C. Williams of 
 the city of Watertown a Justice of the Supreme 
 Court of the Fifth Judicial District is hereby desig- 
 nated as Associate Justice of the Appellate Division 
 of the Supreme Court in and for the First Judicial 
 Department for the term ending December 31, 1897. 
 Given under my hand and the Privy Seal of 
 the State at the Capitol in the city of 
 [l s] Albany this twenty-first day of February 
 
 in the year of our Lord one thousand 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
54 
 
 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 VETO OF ASSEMBLY BILL INTRODUC- 
 TORY No. 151 TO PROVIDE A STATE AR- 
 MORY AT OGDENSBURG 
 
 State of New York 
 Executive Chamber 
 
 Albany, February 28, 1895 
 
 To THE Assembly : 
 
 Assembly bill, introductory number 151, providing 
 for the erection of a State Armory in the city of 
 Oo-densburg, St Lawrence county, is herewith re- 
 turned without the Executive approval. 
 
 This Armory is designed for the use of the For- 
 tieth Separate Company, located in the city of 
 Ogdensburg. The present company was organized 
 March i, 1894. It has for many years been the 
 policy of the State not to construct armories for the 
 use of separate companies until the usefulness of such 
 organizations has been demonstrated by a longer 
 period of existence than this company has enjoyed, 
 and this of itself is a sufficient reason why this 
 armory should not be built at this time. The Adju- 
 tant-General reports that this company is showing 
 an excellent degree of discipline and efficiency, and 
 that it is one of the best in the State taking into con- 
 sideration its brief existence, and without in any 
 way reflecting upon the organization, I am disposed 
 to approve the policy above indicated. 
 
STA TE ARMOR Y AT OGDENSB URG — F£ TO 5 5 
 
 I desire also in this connection to call the atten- 
 tion of the Legislature to the large number of bills 
 now pending asking for appropriations for the com- 
 pletion or repair of armories and for the erection of 
 new buildings. 
 
 Nearly all of these bills have been favorably re- 
 ported by the committees of the two houses to which 
 they have been referred, and many of them have 
 been passed by at least one branch of the Legislature. 
 
 Bills are now pending providing for repairs of 
 various armories and making appropriations therefor 
 . as follows : 
 
 At Olean $7, 000 
 
 At Amsterdam 10, 000 
 
 At Niagara 11, 500 
 
 At Glens Falls 10, 000 
 
 At Poughkeepsie 7> 250 
 
 At Albany 16, 000 
 
 At Brooklyn 75, 000 
 
 Total $136, 750 
 
 Several of these estimated requirements are not 
 strictly for repairs, but are rather what appear to 
 be appropriations necessary for the completion of 
 armories, the erection of which has been provided 
 for by recent legislation, but the original appropria- 
 tions for which seem to have been insufficient. 
 
56 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 I cannot refrain from expressing disapproval of 
 this method of constructing public buildings. The 
 system which permits the State to enter upon the 
 erection of a building, the plans, details and specifi- 
 cations for which are so faulty and deficient that 
 before the building can be occupied additional appro- 
 priations must be provided for its completion, cer- 
 tainly leads to extravagance and is not in accord with 
 good business methods. The plans and specifica- 
 tions for all buildings of this character should be 
 carefully prepared and sufficiently in detail to insure 
 the erection and completion of the building, fur- 
 nished and equipped, and within the amount appro- 
 priated therefor. In no other way can the State 
 exercise intelligent supervision over its expenditures 
 or be readily aware of the amounts it is investing in 
 its various institutions. If necessary to accomplish 
 that end, each law appropriating money for the erec- 
 tion of buildings of this class should contain a pro- 
 vision that no part of the appropriation therein made 
 shall be available until the officer responsible for 
 that particular department and its administration 
 shall file in the office of the Comptroller a copy of 
 the plans and specifications for the erection of the 
 building, together with his certificate that the same 
 can be constructed, ready for occupancy in all its 
 particulars, within the amount of these specific 
 appropriations. 
 
STA TE ARMOR Y AT OGDENSB URG -VETO 57 
 
 There are also pending in the Legislature bills 
 
 providing for the erection of new armories as 
 follows : 
 
 At Schenectady $70, 000 
 
 At Mohawk , 25, 000 
 
 At Whitehall 32, 000 
 
 At Hudson 70, 000 
 
 At Walton 15, 000 
 
 At Rochester 100, 000 
 
 At Buffalo 400, 000 
 
 At Brooklyn 350, 000 
 
 Total $1,062, 000 
 
 These together with the bill herewith returned 
 aggregate over $1,100,000, and with those making 
 provisions for the repairs of armories, aggregate over 
 one and one-quarter million dollars. Certainly the 
 best interests of the National Guard cannot be con- 
 served by such excessive appropriations in any one 
 year. I am not unmindful of the great service which 
 the National Guard is rendering to the State. It 
 has often proved its efficiency, and its services, 
 rendered invariably at great personal sacrifice on 
 the part of its members, have been of inestimable 
 value to the prosperity and business interests of the 
 State. Nor do I overlook the fact that under the 
 present drill regulations, embodying the so-called 
 "extended order" evolutions, a greater area is needed 
 
58 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 for drill manceuvres than was formerly required. 
 It is as well however to remember that even now 
 a military board at Washington is revising and 
 modifying these new drill regulations, and that a 
 newer system of drill may be promulgated which 
 will not require so great a space for evolutions. I 
 am reasonably sure that no discreet friend of the 
 Guard would advocate large increases of appropria- 
 tions for that department in these times of business 
 depression. 
 
 What has been said with reference to the pending 
 appropriations for repairing and erecting armories 
 applies with equal force to the bills now before the 
 Legislature relating to the Normal School and State 
 hospital buildings. The demands upon the treasury 
 for Normal School buildings already presented to 
 your body aggregate over $442,000, while the State 
 is committed by the legislation of 1893 to the erec- 
 tion of still another Normal School building at 
 Jamaica, the appropriation for which was made in 
 that year, and the site for which has been recently 
 approved by the proper State officers. This will 
 involve the expenditure of upwards of $100,000 in 
 addition to the amount above stated ; while I am 
 also advised that the estimates for State hospitals 
 already presented to your body aggregate 
 $r, 795,000. 
 
 I am confident that the appropriations asked for 
 on behalf of the Normal schools and State hospitals 
 
STATE ARMORY AT OGDENSBURG—VETO 
 
 59 
 
 are largely in excess of the just and proper necessi- 
 ties of these institutions. 
 
 The great majority of the tax-payers of the State 
 feel the burden of taxation more grievous to bear at 
 this time than ever before in their business experi- 
 ence. The condition of the times calls for more than 
 ordinary care and economy. No appropriations 
 which can be deferred without injury to the interests 
 of the State should be made in a season of such 
 commercial and monetary depression. I cannot too 
 strongly urge the necessity of the strictest economy. 
 I sincerely hope that the record of the Legislature, 
 so promising and hopeful in other respects, will not 
 be marred by what appears to be a tendency toward 
 extravagance in the matter of appropriations, for it 
 will be largely measured by this standard. 
 
 LEVI P. MORTON 
 
6o PUBLIC PAPERS OF GOVERNOR MORTON 
 
 MEMORANDUM FILED WITH ASSEMBLY 
 BILL INTRODUCTORY No. 304 TO PRO- 
 VIDE A NEW POLICE FOR WEST 
 TROY —APPROVED 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, March i, 1895 
 
 Memorandum filed with Assembly bill introductory 
 number 304 entitled "An act to organize and estab- 
 lish a new police for the village of West Troy " — 
 Approved 
 
 This act provides for the election of four police 
 commissioners in the village of West Troy at the 
 village election to be held on the first Wednesday in 
 March, 1895, and is intended to create what is called 
 a "bi-partisan police board." By the act, each 
 elector may vote for two police commissioners, and 
 the two persons receiving the highest number of 
 votes are to be deemed elected as two of such com- 
 missioners. It also provides for the canvass of the 
 votes within ten days after the election by the vil- 
 lage trustees, who are required to declare " duly 
 elected " the two persons receiving the highest num- 
 ber of votes. Provision is made for the appointment 
 of the remaining commissioners as follows : 
 
 " The said trustees shall, immediately thereafter, 
 appoint the two additional commissioners of police, 
 
POLICE FORCE, WEST TROY— APPROVED 6 1 
 
 who shall hold office for the same term as the com- 
 missioners elected, and which commissioners so to 
 be appointed shall be those two persons who shall 
 have received the highest number of votes next to 
 the two persons who shall have been elected such 
 commissioners of police, and which commissioners so 
 to be appointed shall belong to and be of the same 
 political faith and opinion on State and national 
 issues as one or the other of the two political parties 
 which, at the last preceding election for State 
 officers, shall have cast the greatest and next to the 
 greatest number of votes in said village, but they 
 shall not belong to the same political party nor be 
 of the same political faith and opinion on State and 
 national issues as the commissioners who shall have 
 been elected. If the two commissioners elected 
 belong to different political parties, the commis- 
 sioners appointed shall be the two candidates for 
 commissioners not elected and receiving the highest 
 and next to the highest number of votes, respectively, 
 and belonging to different political parties." 
 
 This provision seems to me objectionable, but in 
 view of the exigency of the impending election and 
 the impossibility of amending the act before the elec- 
 tion must be held, I have concluded not to ask the 
 recall and amendment of the bill, but approve it in its 
 present form, with the hope and recommendation that 
 the law be amended at an early date so as to elimi- 
 nate the objectionable features of the present bill. 
 
62 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Under the provisions of this bill it is quite possible 
 that candidates receiving a less number of votes 
 would be entitled to the appointment as against 
 others who receive a greater number of votes. The 
 act does not require the appointment of those who 
 receive the next highest number of votes in all cases, 
 but limits the appointment to members of the politi- 
 cal faith casting the greatest or the next greatest num- 
 ber of votes on State and national issues at the pre- 
 ceding general election. Third party candidates, or 
 candidates upon a citizens' or independent ticket, 
 would not under this provision be entitled to ap- 
 pointment, although receiving a greater number 
 of votes than other candidates belonging to one of 
 the great political parties, but the candidates of the 
 principal parties would be entitled to the offices 
 without regard to the number of votes which they 
 might have received. 
 
 If this construction of the bill is correct, it does 
 not embody the principle of home rule and can 
 scarcely be called popular government. The Consti- 
 tution provides that local officers shall either be 
 elected by the electors or appointed by local author- 
 ities. This method of appointment, which excludes 
 candidates who may possibly have received a greater 
 number of votes and confines the appointment to 
 candidates belonging to a particular party without 
 regard to the number of votes which they may have 
 received, is a very doubtful compliance with the pro- 
 
POLICE FORCE, WEST TROY— APPROVED 63 
 
 visions of the Constitution. The so called appoint- 
 ment leaves no discretion to the appointing officers 
 and is in no sense an exercise of discretion. 
 
 By this method, the trustees making the appoint- 
 ment have no choice. If bi-partisan boards of police 
 commissioners or other local governing boards are 
 deemed necessary in the administration of local gov- 
 ernment, provision should be made for ascertaining 
 and respecting the will of the people in their choice 
 of officers. This can be very easily accomplished by 
 providing that no elector shall vote for more than 
 two canditates, and that the four candidates receiving 
 the highest number of votes shall be declared 
 elected. This will provide for minority representa- 
 tion and will permit candidates receiving the highest 
 number of votes to occupy the positions to which 
 they may be chosen by the people. The vote of the 
 village upon State and national issues at the last pre- 
 ceding general election can scarcely be of much con- 
 sequence in determining questions of merely local 
 administration. Local issues are usually quite dif- 
 ferent, and the people should be allowed to express 
 their will, and their will should be respected, without 
 regard to their votes at a prior election upon other 
 broader and different issues. 
 
 It seems to me like a plain violation of the princi- 
 ple of home rule to limit the selection of police com- 
 missioners to members of the two great political 
 parties without regard to local interests, and without 
 
64 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 regard to local temporary organizations which may 
 be formed for the purpose of carrying into effect 
 local policies which the people may deem important. 
 I am informed that the Assembly recently adopted 
 a resolution unanimously declaring its adhesion to 
 the principle of home rule for the various municipal- 
 ities of the State, and that municipal officers (other 
 than inspectors of election) should be elected by the 
 people or appointed by the mayors or other elected 
 officers of each municipality. It seems to me that 
 the Legislature should adhere to this principle, and 
 in all legislation affecting municipalities provision 
 should be made for home rule in its broadest sense 
 by permitting the people to express their will freely 
 on public questions and by permitting them to choose 
 their own officers without regard to the issues or the 
 existence of political parties at any previous time. 
 
 LEVI P. MORTON 
 
 Supplemental Memorandum of date March 2, 
 
 1895 
 There seems to be a misapprehension as to the 
 scope of the memorandum filed with the bill relating 
 to a bi-partisan police board in the village of West 
 Troy, and the memorandum seems to have been con- 
 strued as an indirect criticism or disapproval of the 
 scheme of bi-partisan police. 
 
POLICE FORCE, WEST TROY— APPROVED 65 
 
 No such criticism or disapproval was intended by 
 the memoradum, and it is not fairly capable of any 
 such construction. It was only intended to point out 
 an apparent defect in the method of selecting com- 
 missioners, and to call attention to the fact that the 
 political parties existing in November and the vote 
 cast at that time upon state and national issues, were 
 to be taken as the basis of selection of police com- 
 missioners, instead of the issues and the votes and 
 the parties existing in the municipality at the time 
 the police commissioners are elected. 
 
 The condition of parties in November should not 
 in my judgment be taken as a criterion for the selec- 
 tion of ofificers of a merely local character several 
 months afterward, and candidates representing local 
 issues should not be deprived of ofifice while receiving 
 more votes than other candidates, simply because 
 they do not belong to one of the two great political 
 parties into which the State or Nation may have 
 been divided months before ; and the object of the 
 memorandum was simply to suggest that, if bi-par- 
 tisan boards are to be elected, the result should be 
 allowed, to fairly express and represent the then exist- 
 ing sentiment on municipal questions. 
 
 LEVI P. MORTON 
 
66 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 VETO OF ASSEMBLY BILL NO. 580 TO PRO- 
 VIDE FOR AN ARMORY AT WHITE- 
 HALL 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, March 6, 1895 
 
 To THE Legislature : 
 
 Assembly bill printed number 580 entitled " An 
 Act providing for the erection of a State armory in 
 the village of Whitehall, Washington county, the ac- 
 quisition of a site therefor, and making an appropria- 
 tion for building said armory," is herewith returned 
 without approval. On February 28 last I returned 
 ^without my approval Assembly bill introductory 
 number 151 providing for the erection of an armory 
 in the city of Ogdensburg. 
 
 This bill is of similar character and is also re- 
 turned without approval for the general reasons 
 set forth in my message accompanying the Ogdens- 
 burg bill. 
 
 LEVI P. MORTON 
 
GENESEO NORMAL SCHOOL fj 
 
 MEMORANDUM FILED WITH ASSEMBLY 
 BILL No. 33 TO PROVIDE A STATE 
 NORMAL SCHOOL BUILDING AT GENE- 
 SEO— APPROVED 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, March 14, 1895 
 
 Memorandum filed with Assembly bill number 33 
 entitled '^ An act for the erection, at the Stutc Nor- 
 mal and Training School at Geneseo, New York, of 
 a new building to be used for the scientific depart- 
 ment and other purposes, and also an additional 
 separate building for a furnace and boiler house for 
 heating the several buildings of said school, and 
 making an appropriation therefor " — Approved 
 
 This bill appropriates $75, 000 for certain enlarge- 
 ments and repairs of the Normal School at Geneseo. 
 I have already signed a bill appropriating $50,000 
 for completing a Normal School at Oneonta. There 
 is now awaiting my action another bill appropriat- 
 ing $19,850 for repairs on the Normal School at 
 Brockport. These three bills for completion, 
 enlargement and improvement of Normal Schools 
 aggregate $144,850. This is a large sum to be 
 appropriated in any one year for the repairing of 
 Normal School buildings. I am informed that the 
 appropriations for these three schools are the most 
 
68 PUBLIC , PAPERS OF GOVERNOR MORTON 
 
 necessary of any required this year for these objects. 
 There are yet pending appropriation bills in addi- 
 tion to the above for new Normal Schools and for 
 repair and improvements of existing buildings, 
 aggregating $455,000. There should be moderation 
 in times like the present in expenditure for purposes 
 of this kind. The objects sought to be obtained by 
 the other bills that I have mentioned are doubtless 
 worthy, and perhaps the expenditures recommended 
 are in some degree necessary, but I think the 
 expenditure provided for in those bills should be 
 postponed until another year, unless necessary for 
 preservation of property. While all the Normal 
 Schools have done good work in the promotion of 
 education, I think it is generally conceded that the 
 State has gone as far as it should go at present in 
 expenditures for their extension. 
 
 In my veto of Assembly bill number 583, known 
 as the Ogdensburg Armory Bill, attention was called 
 to the need of economy. 
 
 The reasons which prompted that message impel 
 me to call attention to the large expenditures asked 
 for Normal Schools, and to suggest that no further 
 appropriations be made at this session except for the 
 special purposes herein indicated. 
 
 LEVI P. MORTON 
 
MESSAGE — NATIONAL MILITARY PARK 69 
 
 MESSAGE TO THE LEGISLATURE RELAT- 
 ING TO THE CHICKAMAUGA AND 
 CHATTANOOGA NATIONAL MILITARY 
 PARK 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, March 15, 1895 
 To THE Legislature : 
 
 I have the honor to call your attention to the 
 correspondence from the Honorable Secretary of 
 War, a copy of which is transmitted herewith, relat- 
 ing to the dedication of the Chickamauga and Chat- 
 tanooga National Military Park on the 19th and 
 20th of September next, on the scene of those two 
 memorable engagements. Under an act of Con- 
 gress approved December 15, 1894, the Secretary 
 of War is charged with the direction of the cere- 
 monies, and is instructed to invite the President, 
 the Congress, the Supreme Court and other federal 
 officers, the General of -the Army, the Admiral of 
 the Navy, the Governors of the several States and 
 their staffs, with such further representation from 
 the States as the Legislatures may think proper to 
 authorize, and the survivors of the several armies 
 engaged in the battles. For the defrayal of the 
 attendant expense, the sum of $20,000 was appro- 
 priated, but no part of this is applicable to the pay- 
 ment of expenses of State representatives. 
 
70 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 It appears to be fitting and proper that the State 
 of New York should be adequately represented and 
 take official part on so impressive an occasion. In 
 the battles of the Chattanooga campaign there were 
 engaged fourteen regiments of infantry and two bat- 
 teries of artillery from this State, a total of about 
 six thousand men, and the State is honorably repre- 
 sented by its heroic dead in the National Cemetery 
 at Chattanooga. The engagements include the 
 fights at Wauhatchie, Lookout Valley, Lookout 
 Mountain, Missionary Ridge, Peavine Creek and 
 Ringgold Gap. 
 
 I respectfully submit the subject to your honor- 
 able body for such legislation as you may deem 
 necessary to provide a proper official participation in 
 the dedication ceremonies and the appropriation of 
 a reasonable sum to meet the necessary expense of 
 such representation. 
 
 LEVI P. MORTON 
 
TIOGA COUNTY STRIKE RIOTS 
 
 71 
 
 MEMORANDUM FILED WITH ASSEMBLY 
 BILL No. 779 FOR THE RELIEF OF 
 TIOGA COUNTY — APPROVED 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, March 23, 1895 
 
 Memorandum filed with Assembly bill number 779 
 entitled "An Act to reimburse Tioga county for the 
 disbursements in connection with the Lehigh Valley 
 Railroad strike in the year eighteen hundred and 
 ninety-two " — Approved 
 
 This bill provides for the audit by the Comptroller 
 and the payment by the Treasurer of the disburse- 
 ments made by the County of Tioga in connection 
 with calling out the National Guard in the strike 
 upon the Lehigh Valley Railroad in the year 1892, 
 the amount to be paid not to exceed four thousand 
 dollars. 
 
 It appears that in the month of August, 1892, a 
 strike occurred on the Lehigh Valley Railroad at 
 Waverly in the county of Tioga, and that it as- 
 sumed proportions beyond the control of the sheriff 
 by the ordinary means at his command. Availing 
 himself of the authority given by statute, he called 
 upon the. Sixth Battery and the Twentieth Separate 
 Company of the National Guard, located at Bing- 
 hamton, to assist in preserving peace and protecting 
 
72 PUBLIC PAPERS OP GOVERNOR MORTON 
 
 property. Both of these military companies re- 
 sponded to the calls and went to Waverly, th-e. scene 
 of the disturbance, on the 19th of August and re- 
 mained until the 26th when order was substantially 
 restored and the troops were withdrawn. 
 
 It further appears that the strikers were non-resi- 
 dents, coming from a point in the State of Pennsyl- 
 vania on the line of the Lehigh Valley Railroad, 
 and created the disturbance at Waverly which 
 necessitated calling out the troops. The expenses 
 of the strike were paid by the county of Tioga 
 which now seeks reimbursement from the State. 
 
 Ordinarily it is the duty of the county to maintain 
 peace and good order and protect property within 
 its limits, and if it fails through its proper officers and 
 citizens to do this, it may be held liable for damages 
 sustained in consequence of its neglect. In behalf 
 of this bill it is claimed that this strike was of such a 
 character as to make an exception to the general 
 rules and to warrant the State in reimbursing the 
 county for expenses actually incurred; The excep- 
 tion is based upon the fact that the persons who pre- 
 cipitated and carried on this strike were non-resi- 
 dents, and that the same rule should not be applied 
 in this case as in cases where the persons creating 
 the disturbance are citizens and residents of the 
 county. 
 
 It appears that in this instance the county of 
 Tioga was invaded by a body of men from another 
 
MESSAGE — N. Y. CITY COUJiTS AND POLICE -JT, 
 
 State, who violated the laws of this State by creating 
 a riot and interfering with the possession and enjoy- 
 ment of property. Under such circumstances I 
 think the expense of maintaining the peace and pro- 
 tecting property should not be borne exclusively by 
 the county, but that it is a matter in which the entire 
 State has an interest, and the State as a whole 
 should contribute some portion at least of the ex- 
 pense. The total expense incurred and paid by the 
 county of Tioga in connection with this strike was 
 much more than the sum asked by this bill and I 
 think it only reasonable that the State should con- 
 tribute the amount asked here or so much thereof as 
 may be audited by the Comptroller, and for that 
 reason I have decided to approve the bill. 
 
 LEVI P. MORTON 
 
 MESSAGE TO THE LEGISLATURE RE- 
 LATING TO THE INFERIOR CRIMINAL 
 COURTS AND THE POLICE OF NEW 
 YORK CITY 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, March 25, 1895 
 To THE Legislature : 
 
 The Constitution of the State makes it my impera- 
 tive duty to recommend to the Legislature from time 
 to time such measures as I may deem expedient 
 
74 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 In obedience therefore to that mandate, I call the 
 attention of the Senate and Assembly to a matter 
 which I regard as being of the highest present impor- 
 tance, namely, the reorganization of the inferior 
 criminal courts of New York city. Ten weeks have 
 elaped since a bill having this object in view was 
 introduced concurrently in both houses of the Leg- 
 islature, but the measure has not yet been passed by 
 either house. The session is fast drawing to a 
 close and unless prompt action is taken upon it 
 there is danger that it may fail to become a law. 
 Such a result would.be a public misfortune. There 
 has been no measure before this Legislature which 
 more deeply interests the people of New York city. 
 It is widely perhaps generally believed that in some 
 of the present police courts there is today a practical 
 denial of justice. 
 
 This belief is strikingly sustained in the report 
 made by a committee appointed to investigate cer- 
 tain departments of New York city, commonly 
 known as "The Lexow Committee." It is there 
 charged that " a very important reason why the police 
 have been able to carry on and successfully perpe- 
 trate their reprehensible practices is that at least 
 some of the police justices have apparently worked 
 in sympathy and collusion with them." Again it is 
 stated that, because of the maladministration that 
 prevails in those courts, " the poor and needy were 
 unable to obtain redress or relief from the oppression 
 
MESSAGE— N. Y. CITY COURTS AND POLICE 75 
 
 or the tyranny of the poHce," and that "their path 
 to justice was completely blocked." 
 
 These are serious charges and seem to be largely 
 supported by public opinion in the city of New York. 
 They invite the careful consideration of the law- 
 making power and call for a speedy remedy. It is 
 to these inferior criminal courts, the very sources of 
 the administration of criminal justice, that the poor 
 especially look for protection from oppression and 
 wrong. When these fountains of justice are pol- 
 luted the evil results to the people are beyond calcu- 
 lation. The bill to which reference is made was 
 introduced in the Senate by the chairman of the 
 investigating comrnittee above-mentioned, presuma- 
 bly as the result of the inquiry which made that 
 committee so familiar with matters needing the cor- 
 rective action of the Legislature. Its object is to 
 create an improved system of inferior criminal 
 courts, and conformably to give the people a new 
 board of police magistrates. This legislation is a 
 necessary step toward municipal reform. It is sup- 
 plementary to the Power of Removal bill already 
 passed and which Was recommended specially in my 
 first message to the Legislature. The language 
 used in that paper on this subject is as follows: "A 
 power of removal bill for the city of New York, 
 placing in the hands of the Mayor absolute and 
 unquestionable authority to remove any of the 
 appointive officers of the city government and to 
 
76 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 appoint their successors, Is an immediate require- 
 ment at your hands." I am convinced that this 
 power of removal already conferred should not be 
 limited to administrative officers, but that it is 
 equally important that it should be made to apply to 
 the police justices. A doubt has been expressed as 
 to the constitutionality of this bill, but that doubt 
 has been practically resolved In Its favor by the 
 recently published opinions of some of the most 
 eminent and learned lawyers in New York city. 
 
 I desire also to call attention to the need of prompt 
 reorganization of the Police Department of New 
 York city. In the testimony before the Lexow com- 
 mittee It was charged that many members of the 
 police force, among them officers of high grade, 
 were not only blackmailers and extortioners but 
 were actively In league with the criminal classes. It 
 is generally believed that the extent of these alleged 
 corrupt practices has not yet been fully revealed. 
 The law-abiding classes are naturally uneasy under 
 such a condition of things and knock Impatiently at 
 the doors of the Legislature for relief. They demand 
 that police officers who have betrayed their trusts or 
 used their great power oppressively shall be ascer- 
 tained and dismissed without unnecessary delay, and 
 the Legislature is asked to provide the method of 
 relief. It Is apparent that this request should be 
 heeded and such legislation enacted as will meet the 
 emergency. 
 
GUARANTORS AND SURETIES ']'] 
 
 I therefore recommend the early passage of the 
 Police Magistrates bill, so-called, and of a measure 
 that will place in proper hands the power to reorgan- 
 ize and regenerate the Police Department of the 
 metropolis. 
 
 LEVI P. MORTON 
 
 MEMORANDUM FILED WITH SENATE 
 BILL No. 327, RELATING TO GUAR- 
 ANTORS AND SURETIES — APPROVED 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, March 28, 1895 
 
 Memorandum filed with Senate bill number 327, 
 entitled ''■An act to am-end chapter J 20 of the laws 
 of 1893, relative to guarantors and sureties" — 
 Approved 
 
 This bill as its title indicates seeks to amend 
 chapter 720 of the laws of 1893, relative to guar- 
 antors and sureties. That act authorizes the accept- 
 ance and approval of official bonds where the condi- 
 tions thereof " are guaranteed solely by a corpora- 
 tion incorporated under the laws of this State, and 
 authorized under its charter to execute the same, or 
 to guarantee the fidelity of persons holding places of 
 public or private trust, and to guarantee the per- 
 formance of contracts, other than insu>-ance policies, 
 
78 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 and to execute or guarantee bonds and undertakings 
 required or permitted in all actions or proceedings, 
 or by law allowed." 
 
 The amendment consists m inserting after the 
 word "State" the words "or authorized to do busi- 
 ness under the laws of this State." 
 
 The pre.sent law limits suretyship in these cases to 
 domestic corporations, and the evident intention of 
 the proposed amendment is to permit foreign cor- 
 porations to do the same business in this State. 
 The practice of permitting bonds to be executed by 
 companies seems to have originated in 1881, when 
 an act was passed (chapter 486) entitled " An act 
 to facilitate the giving of bonds required by law." 
 By this act official bonds might be approved when- 
 ever "guaranteed by a company duly organized or 
 authorized to do business under the laws of this 
 State, and authorized to guarantee the fidelity of 
 persons holding places of public or private trust," 
 and no discrimination was made between domestic 
 and foreign corporations. The act was amended in 
 1885, but the provision quoted above was not 
 affected by the amendment. This statute remained 
 in force until the general revision of the insurance 
 law — chapter 690 of the laws of 1892 — when it was 
 repealed, and no provision was enacted as a substi- 
 tute for it except that by subdivision four of sec- 
 tion seventy of the insurance law corporations were 
 authorized for the purpose of "guaranteeing the 
 
GUARANTORS AND TRUSTEES 79 
 
 fidelity of persons holding places of public or private 
 trust," and also " guaranteeing the performance of 
 contracts, other than insurance policies, and execut- 
 ing or guaranteeing bonds and undertakings required 
 or permitted in all actions or proceedings, or by law 
 allowed." 
 
 As a consequence of the repeal of the act of 1881, 
 courts were not expressly authorized to approve 
 bonds guaranteed by this class of corporations, but 
 this omission was supplied by chapter 720 of the 
 laws of 1893, which was probably intended as a sub- 
 stitute for the act of 1881, except in the limitation 
 of corporations authorized to guarantee bonds ; and 
 it was also probably intended to supply an omission 
 in the insurance law, because the language of sub- 
 division four already quoted is specifically used in 
 the law of 1893, defining the general powers of cor- 
 porations which were permitted to guarantee official 
 bonds. 
 
 The amendment proposed by this bill restores the 
 law to its condition prior to October i, 1892, when 
 the repeal by the insurance law took effect. 
 
 It has long been our policy to permit foreign in- 
 surance companies to do business in this State, and 
 the insurance law provides for the authorization of 
 such companies by the superintendent of insurance 
 upon the certificate of the attorney-general. With- 
 out this amendment, foreign insurance companies 
 organized for the purpose indicated in subdivision 4 
 
8o PUBLIC PAPERS OF GOVERNOR MORTON 
 
 of section 70 of the insurance law, above quoted, 
 could be authorized to do business in this State and 
 could do a limited business, but bonds guaranteed by 
 them could not be accepted and approved by the 
 courts, officers or bodies described in chapter 720 of 
 the laws of 1893. 
 
 No satisfactory reason has been given why the 
 policy of the State expressed in the act of 1881 and 
 continued until October, 1892, was changed by the 
 act of 1893, or why the business of guaranteeing 
 official bonds should be confined exclusively to 
 domestic corporations. It is not claimed that there 
 were any abuses under the former practice, or that 
 any losses were sustained in consequence of bonds 
 guaranteed by foreign companies, and it seems in- 
 consistent with the general policy of the State to 
 make an exception against corporations in this par- 
 ticular class of cases. 
 
 Objection is made to this bill that it should only 
 permit business to be done here by corporations 
 organized under the laws of those States which per- 
 mit equal privileges to New York corporations. Our 
 insurance law now contains provisions for reciprocal 
 requirements so far as concern depositing securities, 
 or for the payment of taxes, fines or penalties, or 
 certificates of authority or license fees, and directs 
 the superintendent of insurance in the case of foreign 
 corporations to require the same deposit, and the 
 payment of an amount for taxes, etc., equal to the 
 
GUARANTORS AND SURETIES 8 I 
 
 amount of such charges and payments imposed by 
 the laws of such other State upon the insurance 
 corporations of this State. 
 
 Whether any other State will permit a New York 
 corporation to do business within its territory upon 
 an equal basis with its own corporations is a matter 
 of State policy. 
 
 In general this State has granted equal privileges 
 to all corporations, whether domestic or foreign, and 
 it seems to me that in this instance, instead of re- 
 quiring other States to first enact laws to admit our 
 corporations to equal privileges, it is wiser to con- 
 tinue the general policy and permit foreign corpora- 
 tions of the class indicated in this bill to do business 
 here, without discrimination against any State. 
 
 LEVI P. MORTON 
 6 
 
82 FUBLIC PAPERS OF GOVERNOR MORTON 
 
 MEMORANDUM FILED WITH ASSEMBLY 
 BILL No. 592 AMENDING THE CHARTER 
 OF MOUNT VERNON — APPROVED 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, March 30, 1895 
 
 Memorandum filed with Assembly bill number 592 
 entitled '■'■An act to amend chapter 182 of the laws 
 of 1892, entitled 'An act to incorporate the city of 
 Mount Vernon, as amended by section 2 of chapter 
 10 of the laws of 1894,' entitled '■An act to amend 
 chapter 182 of the laws of 1892,' entitled 'An act 
 to incorporate the city of Mount Vernon ' " — 
 Approved 
 
 This bill seeks to amend the charter of the city of 
 Mount Vernon in several respects relative to the 
 schools of that city. One of the amendments pro- 
 posed clothes the board of education with exclusive 
 power to license teachers. The existing law makes it 
 the duty of the board to license teachers, but only upon 
 the recommendation of the superintendent of the 
 schools of the city. By the amendment this recom- 
 mendation is dispensed with, and objection has been 
 made to the bill that the matter of licensing teachers 
 should not be left exclusively to the board. It is 
 claimed that the superintendent should have some 
 power in the choice of teachers, inasmuch as he is 
 
SCHOOLS A T MOUNT VERNON. 83 
 
 charged with the general responsibility of the schools 
 of the city, and that he should not be compelled to 
 use teachers objectionable to him or whom he may 
 think incompetent, and that such a division of re- 
 sponsibility and power as will perhaps result from 
 this amendment will not be for the best interests of 
 the schools. By the charter the superintendent is 
 appointed by the board of education and has general 
 charge of the schools of the city. The city schools 
 are not subject to the jurisdiction of the school com- 
 missioner, nor it seems are the teachers subject to 
 examinations which may be prepared by the super- 
 tendent of public instruction. I think the policy of 
 giving boards of education power to determine the 
 qualifications of teachers and to grant licenses is 
 objectionable. It is contrary to the general policy 
 of the State which seeks to provide a uniform system 
 of examinations and licensing teachers. Examina- 
 tions are prepared by the department of public in- 
 struction, and the superintendent has general control 
 of the whole subject. I think the best interests of 
 the State demand this policy. I am informed that 
 there are several school districts in the State where 
 licenses are granted by the board of education or 
 other local officers, independent of the commissioner 
 or superintendent of public instruction. I think it 
 would be well to provide a uniform system for the 
 entire State, and that a general law should be en- 
 acted which will place the responsibility, the duty 
 
84 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 and the power of prescribing the qualifications of 
 teachers in the hands of the school officers charged 
 with the general management of the schools, rather 
 than in the hands of local boards. 
 
 Aside from the amendment relating to the licens- 
 ing of teachers, this bill contains proposed amend- 
 ments to the charter which are quite important and 
 seem desirable, and I have decided to approve the 
 bill for the sake of these amendments but without 
 intending to approve a general policy of permitting 
 boards of education to determine the qualifications 
 of teachers, and with the hope that legislation may 
 be enacted at an early day repealing or amending 
 existing laws which confer upon boards of education 
 the power to license teachers. 
 
 LEVI P. MORTON 
 
THE LINUS JONES PECK CASE 85 
 
 MEMORANDUM FILED WITH ASSEMBLY 
 BILL No. 1709 GIVING THE BOARD OF 
 CLAIMS JURISDICTION IN CASE OF 
 LINUS JONES PECK & CO. — BECAME 
 A LAW WITHOUT THE GOVERNOR'S 
 SIGNATURE 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, April 6, 1895 
 
 Memorandnm filed with A ssembly bill number 1 709 
 entitled "An act to authorize the Board of Claims 
 to hear, audit and determine the claim, of Linus 
 Jones Peck & Company, or the survivor of said 
 firm.^ for stone delivered and for cutting stone in 
 performance of two certain contracts m,ade by said 
 firTn with the State for furnishing the stone and 
 cutting the same for the erection of the buildings of 
 the Buffalo State Asylum for the Insane, and to 
 m,ake an award thereon." 
 
 This claim has once been heard by the Board of 
 Claims and an award was made by the board against 
 the State in favor of the claimant for $35,878. 78. This 
 was in 1890. The State appealed from the award to 
 the Court of Appeals, which court reversed the 
 award on the ground that incompetent evidence was 
 admitted and also on the ground that the claim was 
 barred by the statute of limitations, and a new trial 
 
86 'public papers of governor MORTON 
 
 was ordered before the Board of Claims. There was 
 no second trial, but in September, 1893, the claim 
 was dismissed by the board by default upon motion 
 of the Attorney-General. 
 
 The object of this bill is to permit the claimant to 
 again present the claim to the board and have a new 
 hearing of the entire matter. Ordinarily one pre- 
 sentation and hearing of a claim is all that a'claimant 
 can reasonably demand, but in this instance it appears 
 that the claimant is prepared to present important 
 additional evidence upon all the issues involved in 
 the claim, and inasmuch as the board upon the 
 former trial found that the State was actually, in- 
 debted to the claimant for some amount, and that the 
 award was not reversed upon the merits, it seems 
 only reasonable that the claimant should have another 
 opportunity to be heard. 
 
 I am therefore constrained to adopt the view of 
 this matter manifested by the legislature in passing 
 this bill, and permit it to become a law. 
 
 LEVI P. MORTON 
 
PUBLIC SCHOOLS CENTENNIAL 87 
 
 PROCLAMATION OF THE PUBLIC 
 SCHOOLS CENTENNIAL 
 
 State of New York 
 
 Executive Chamber 
 
 A century of magnificent achievement in public 
 education in this State will be completed on Tuesday 
 next, April 9th, the anniversary of the signing by 
 Governor George Clinton of chapter 75 of the laws 
 of 1795 entitled "An act for the encouragement of 
 schools," passed by the legislature of that year upon 
 the Governor's recommendation. 
 
 The commanding position held by our State in 
 commerce, manufactures, science, the arts, agri- 
 culture and in educational progress, is largely the 
 result of the wise and liberal policy of our successive 
 State administrations toward the common schools. 
 
 One hundred years of energetic and successful 
 educational effort has followed that important 
 measure and bears abundant testimony to the wise 
 discernment of the first Governor of the Common- 
 wealth and to the loyalty of the people who supported 
 his purpose in making the first generous provision 
 for carrying his views into effect. 
 
 If we of today emulate that devotion to the in- 
 struction of our youth which characterized the 
 founders of the system and makes this anniversary 
 conspicuous in our annals, those who follow in the 
 
88 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 century to come will write our names, as we now 
 write those of 1795, with grateful remembrance in 
 the history of education in the State of New York. 
 It will increase the regard in which those who laid 
 the foundations of our educational system are held 
 if on Tuesday next we commemorate in some fitting 
 manner their services and recount the blessings 
 reaped from their labors. 
 
 I therefore recommend to all principals, teachers 
 and others in authority in the schools, academies and 
 colleges throughout the State, that they devote some 
 portion of that day to appropriate exercises by the 
 pupils, their officers and friends, in recognition of this 
 important anniversary. 
 
 Done at the Capitol in the city of Albany this 
 sixth day of April in the year of our 
 [l s] Lord one thousand eight hundred and 
 ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
THE COTTON STATES' EXPOSITION 89 
 
 MESSAGE RELATING TO THE COTTON 
 STATES AND INTERNATIONAL EXPO- 
 SITION 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, April ii, 1895 
 To THE Legislature : 
 
 The Governor of Georgia has addressed letters to 
 the governors of the several States and territories 
 calling their attention to the Cotton States and In- 
 ternational Exposition, which is to be held at 
 Atlanta, Georgia, from September 18 to December 
 31, 1895, and inviting the states and territories to 
 make exhibits of their resources and products and to 
 send a liberal representation of their people. The 
 scope of this exposition is neither sectional nor 
 national but is intended to be international, it also 
 having received the approval of congress to that end. 
 The governments of Argentina, Paraguay, Guate- 
 mala, Venezuela, Chili, Nicaragua, Honduras and 
 Bolivia have already signified their intention to par- 
 ticipate. Exhibits will also be forwarded from 
 Austro- Hungary, Italy, France, England and Ger- 
 many. The correspondence which has been ad- 
 dressed to me as chief executive of this State is 
 transmitted herewith for your information. 
 
 The State of New York is specially invited to 
 avail herself of this opportunity for the display of 
 
go PUBLIC PAPERS OF GOVERNOR MORTON 
 
 her commercial and manufacturing interests, and 
 already many of her representative commercial and 
 industrial firms and interests have been awarded 
 space for their exhibits. The enterprise has been in 
 course of preparation for many months past. 
 
 In view of the great progress of industrial and 
 commercial establishment and activity in the south 
 during the past few years, this movement on the 
 part of her enterprising citizens is one to be espe- 
 cially commended. It is requested that the State 
 provide officially for representation by a commission, 
 with state headquarters at the fair. 
 
 I submit the question of providing for such repre- 
 sentation to the wisdom and discretion of the legisla- 
 ture suggesting however that a reasonable sum of 
 money be appropriated to cover the cost of main- 
 taining a headquarters building and defray the 
 necessary expenses of such a commission, consist- 
 ing of men and women, as it may seem proper to 
 authorize. 
 
 LEVI P. MORTON 
 
THE NEWTOWN CHEEK NUISANCES 9 1 
 
 ORDER DIRECTING THAT CERTAIN 
 NUISANCES IN KINGS COUNTY BE 
 ABATED 
 
 State of New York 
 
 Executive Chamber 
 
 Whereas, complaint was made to the Governor 
 of the State of New York during the year 1894 by 
 the citizens and residents of the town of Newtown 
 and the city of Brooklyn relating to the existence of 
 public nuisances on or near Newtown creek, jeop^ 
 ardizing the health and comfort of the people in the 
 vicinity thereof, and the Honorable Roswell P. 
 Flower, Governor of the State of New York, did 
 thereupon on the 2d day of August, 1894 pursuant 
 to chapter 661 of the laws of 1893, require, order 
 and direct the State Board of Health to examine 
 into the alleged nuisances and to report the result 
 thereof; and 
 
 Whereas, said State Board of Health examined 
 into the matter of the alleged nuisances pursuant to 
 such order and reported the result of such examina- 
 tion to the Governor in writing, dated December 4, 
 1894, which report was filed in the office of the 
 secretary of state December 11, 1894, and the Gover- 
 nor did approve said report, and did . thereupon on 
 the nth day of December, 1894, issue a proclama- 
 tion or order declaring the matters complained of 
 
92 
 
 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 public nuisances, and did order the same to be 
 abated, changed or removed, the matters of nuisance 
 and the orders relating to abating the same, as con- 
 tained in such proclamation, being in the words 
 following : 
 
 "A nuisance which is a menace to public health 
 exists at Newtown creek and its vicinity : — 
 
 "First. By the condition of Newtown creek itself. 
 The water of this creek for almost its entire length 
 is dark colored and offensive, by reason of sewage 
 which it contains in suspension and solution. The 
 bottom and banks of said creek are covered with 
 thick, black, foul-smelling mud, consisting largely 
 of precipitated sewage and other organic matter. 
 Large areas of this mud are exposed everywhere at 
 low tide. This condition is caused, (a) by precipita- 
 tion of sewage which is poured into the waters of 
 the creek by the public sewers which drain large 
 areas of Brooklyn and Long Island City ; (b) by 
 precipitation of effluent refuse of manufacturing 
 establishments located on the banks of said creek. 
 
 " A very considerable factor in the present condi- 
 tion of the creek bottom has been the discharge for 
 years of the refuse products from the oil works, a 
 number of which are situated on the banks of the 
 creek. The discharge of effluent matter from two 
 establishments, which discharge is now continuincr, 
 has caused the conditions described in said report at 
 the places where the drains of said establishments 
 
THF NE WTO IVJV CREEK NUISANCES 93 
 
 empty into the creek. The establishments are 
 Fleischmann's Eastern Distilling Company and 
 Peter Cooper's glue factory. 
 
 " Second. A continuous nuisance of a serious char- 
 acter is caused, (a) by Hildebrandt's works, located 
 on Furman's island, just north of Wissel's offal dock. 
 This is a small, wooden structure, where blood and 
 animal refuse matter are treated in an open kettle ; 
 (b) by the following rendering establishments : Pres- 
 ton's Fertilizer and Rendering Works, Peter Van Ider- 
 steine, Jr.'s Rendering Works, F. A. Van Idersteine's 
 Rendering Works, Fred. Heffner's Fat Rendering 
 Works. These rendering establishments depend upon 
 the water of the creek for water supply to furnish 
 their condensers. The latter are used to condense 
 the gases and vapors given off during the process of 
 rendering. These gases and vapors, condensed and 
 held in solution and in suspension in the water, are 
 discharged into the creek with the discharge from 
 said condensers. The creek water is utterly unfit 
 for this purpose, and the creek itself is unfit to re- 
 ceive such discharge, which, under the conditions 
 now existing thereat, is a source of nuisance that can 
 only be abated by closing the rendering works named 
 in this section, or by a radical change in the present 
 method of disposing of the gases in question. The 
 latter, under the circumstances, is not practicable. 
 
 " Third. The night soil boat, controlled and ope- 
 rated under contract with the city of Brooklyn, has 
 
94 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 not been removed and emptied at sufficiently fre- 
 qufent intervals to meet the requirements of its use. 
 The offal dock, also operated by Contractor Wissel, 
 is not kept in a cleanly condition. 
 
 '' In order to improve the sanitary condition of 
 Newtown creek and its surroundings so as to remove 
 all menace to public health, and to the end that the 
 nuisances above set forth may be abated, changed 
 and removed, 
 
 "// is hereby ordered, that all offensive drainage 
 from manufacturing establishments be discharged 
 into sewers which empty directly into the East river, 
 and that Long Island City and the city of Brooklyn, 
 and the authorities of each of said cities named, be 
 enjoined and prohibited from discharging public 
 sewers directly or indirectly into Newtown creek. 
 
 ^' And I do hereby order and direct that the city of 
 Long Island City and the city of Brooklyn, and the 
 public authorities of said cities be, and the same are, 
 hereby prohibited from discharging public sewers of 
 said cities or sewage of any kind, directly or in- 
 directly, from said cities, into Newtown creek. 
 
 "Second. In relation to the factories that are 
 offensive, or that are liable to become so, 
 
 "It is hereby ordered \^2X the business conducted 
 at the Hildebrandt factory be forthwith discontinued, 
 and that the business conducted at Preston's Fertilizer 
 and Rendering Works, Peter Van Idersteine, Jr.'s 
 Fat Rendering Works, F. A. Van Idersteine's Fat 
 
THE NEWTOWN CREEK NUISANCES 
 
 95 
 
 Rendering Works and Fred. Heffner's Fat Render- 
 ing Works be discontinued within ninety days from 
 January i, 1895. 
 
 "Third. No fat rendering shall be allowed upon 
 Newtown creek and the same is hereby prohibited, 
 except within such distance of the East river as to 
 use without difficulty the waters of said East river 
 for condensing purposes, or some source other than 
 Newtown creek, and for the discharge of the water 
 from the condensers ; and no such fat rendering shall 
 hereafter be allowed unless done in tight tanks, with 
 the most approved apparatus for properly disposing 
 of the offensive gases and vapors given off in the 
 process of rendering ; and that fat rendering upon 
 Newtown creek be, and the same is, hereby 
 prohibited. 
 
 '' Fourth. That the night-soil boat operated by 
 said Wissel be removed at frequent intervals, and be 
 properly disinfected. 
 
 " Fifth. That the offal dock operated by Wissel be 
 enclosed by a high, closely-boarded fence, and the 
 material received at said offal dock be properly dis- 
 infected and removed daily. 
 
 ■ " Sixth. That the Eastern Distilling Company, 
 operated by one Fleischmann, shall forthwith dredge 
 the bulkhead where the drain from their works dis- 
 charges into Newtown creek ; 
 
 " Or that said nuisances be fully abated and 
 removed." 
 
96 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 And whereas, I am informed that no steps have 
 been taken to comply with the requirements of said 
 proclamation, and numerous complaints have been 
 recently made to me concerning the continuance of 
 those nuisances, 
 
 / do therefore pursuant to the provisions of chap- 
 ter 661 of the Laws of 1893, order the persons and 
 corporations hereinabove named to abate the nuis- 
 ances hereinbefore set forth within ten days from 
 the service of this precept upon them, and in case of 
 failure so to do, I direct and require the district 
 attorney and sheriff of Kings county to take the 
 necessary legal measures to execute such orders and 
 cause them to be obeyed. 
 
 Given under my hand and the Privy Seal of the 
 
 State at the Capitol in the city of Albany 
 
 [l s] this twelfth day of April in the year of 
 
 our Lord one thousand eight hundred 
 
 and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
SEWARD FOR CONVICT PERRY 
 
 97 
 
 PROCLAMATION OF REWARD FOR THE 
 CAPTURE OF OLIVER CURTIS PERRY, 
 AN ESCAPED CONVICT 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, April 13, 1895 
 
 Whereas, I am duly informed that on the night 
 of April TO, 1895, one Oliver Curtis Perry, a con- 
 vict confined in the State Hospital for Insane Crimi- 
 nals at Matteawan, made his escape with other 
 convicts from said place of confinement ; and 
 
 Whereas, The superintendent of State Prisons has 
 requested me to offer a suitable reward for the capture 
 and delivery to the proper authorities of said convict; 
 N^ow therefore in compliance with said request 
 and by virtue of the authority vested in me under 
 the Constitution and laws of the State, I do hereby 
 offer a reward of one thousand dollars to be paid for 
 the capture and return of said Oliver Curtis Perry 
 to the superintendent of the State Hospital for In- 
 sane Criminals at Matteawan. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this thirteenth day of April in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 7 
 
gS PUBLIC PAPERS OF GOVERNOR MORTON 
 
 THE CIVIL SERVICE —CLASSIFICATION 
 OF POSITIONS IN THE STATE PRISONS 
 AND DEPARTMENT OF PUBLIC WORKS 
 
 Positions not Classified 
 All persons appointed by the Governor or elected 
 by the people, and the subordinates of any such offi- 
 cer for whose errors or violations of duty said officer 
 is financially responsible, and any subordinate officer 
 who by virtue of his office has personal custody of 
 public moneys or public securities for the safekeeping^ 
 of which the head of the office is under official 
 bonds. 
 
 Positions in Schedule A 
 Rule 6 The appointments to positions comprised 
 in Schedule A may be made without examination 
 under these rules, but such examinations may be had 
 upon the request of the appointing officer. Appoint- 
 ing officers must notify the commission in writing 
 of all appointments to such positions within five 
 days after the same are made. 
 In the State Prisons: 
 The chaplain 
 
 In the Department of Public Works : 
 The assistant superintendents 
 The superintendents of repairs 
 The special agents 
 The financial clerk 
 
CTVIL SERVICE CLASSIFICATION 
 
 99 
 
 Positions in Schedule B 
 Schedule. B shall include all positions now existing 
 or hereafter created, of whatever designation, which 
 are not exempted by law or specifically designated 
 in Schedule A, C or D, or classed as laborers. 
 
 Positions in Schedlue C 
 Rule 20 The positions in Schedule C may be 
 filled by the appointing officer in his discretion in 
 respect to the manner of examination. The discre- 
 tion of the officer in such cases shall be limited as 
 follows: (i) He may select from the three persons 
 graded highest as the result of an open competitive 
 examination ; or (2) he may name to the commission 
 three or more persons for competitive examination 
 and appoint the one graded highest in such examina- 
 tion ; or (3) he may appoint or employ any person 
 named by him who upon a non-competitive exami- 
 nation shall be duly certified by the commission as 
 qualified to discharge the duties of the position. 
 
 In the State Prisons: 
 The agent and warden 
 The clerk 
 The assistant clerk 
 The steward 
 The matron 
 
 The superintendent of industries 
 The purchasing agents, manufacturing depart- 
 ment 
 
lOO PUBLIC PAPERS OF GOVERNOR MORTON 
 
 The superintendent of construction, building 
 
 department 
 The architect and foremen, building deoartment 
 
 Positions in Schedule D 
 Rule 26 The positions in Schedule D must be 
 filled by such persons as upon proper non-competi- 
 tive examination shall be certified as qualified to 
 discharge the duties of such position by an examiner 
 or examiners selected or appointed for that purpose 
 by the commission. 
 
 In the State Prisons: 
 The watchmen 
 The machinists 
 The assistant matrons 
 The foremen, manufacturing department 
 The examiners, manufacturing department 
 
 In the Department of Public Works : 
 The harbor masters 
 
 Positions in Schedule E 
 Rule 8 The positions in Schedule E shall be 
 filled, when vacant, by the promotion of those in the 
 service in the lower grades of the department, office 
 or institution in which the vacancy or vacancies may 
 occur. 
 
 In the State Prisons : 
 The keepers 
 The sergeants of the guard 
 
case of buchanan iqi 
 
 Positions Classed as Laborers 
 In the Department of Public Works : 
 
 Patrolmen, lock-tenders, watchmen, foremen, 
 cooks, teamsters, boat-captains, boat-commanders, 
 water-boys, pavers, feeder-tenders, carpenters, reser- 
 voir-tenders, pilots, firemen, cranemen, bridge-tenders, 
 deckhands, painters, blacksmiths, weighmasters, 
 divers and janitors. 
 
 Approved April 15, 1895 
 
 LEVI P. MORTON 
 
 Governor 
 
 DENIALOF APPLICATION FOR A RESPITE 
 IN THE CASE OF BUCHANAN 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, April 20, 1895 
 
 In the matter of the application of Robert W. 
 Buchanan for a respite — Decision 
 
 An application is made for a stay of execution to 
 enable the prisoner's counsel to make a motion for a 
 new trial upon the ground that the evidence did not 
 warrant the conclusion that the death of the deceased 
 was caused by poison ; and he desires time to pro- 
 cure the affidavits of expert witnesses in support of 
 
I02 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 that contention. It is also claimed that a new trial 
 ought to be granted upon the ground that after the 
 jury had retired to consider their verdict, one of their 
 number was taken suddenly ill so that he did not 
 and could not properly perform his duties as a juror 
 in the case. Buchanan was convicted after a pro- 
 longed and elaborate trial, in which he was skillfully 
 defended by experienced counsel who spared no 
 effort to counteract and overcome the convincing 
 proofs brought against him. All the evidence in the 
 case was afterwards carefully considered by the 
 Court of Appeals on the application for a new trial, 
 and the conclusion in which all the judges concurred 
 was that not only was the evidence sufficient to sus- 
 tain the conviction but that no other verdict than 
 that rendered was possible, consistently with the 
 proofs adduced. Judge Gray, who wrote for the 
 court, concludes a most thorough review of the whole 
 case by saying: "In the presence of the grave con- 
 sequences of the verdict I have sought to find the 
 evidence of acts consistent with a probability of inno- 
 cence ; or some weakness in the chain of circum- 
 stances which would warrant us in saying that some 
 were at variance with the probabilities of guilt. I 
 am not able to find either." In view of the opinion 
 thus expressed by the Court of Appeals, there would 
 not appear to be any warrant for interference on the 
 part of the executive upon the ground of insufficient 
 evidence to sustain the verdict. With regard to the 
 
VETO — KINGS COUNTY CHARITIES COMMISSION 103 
 
 question made as to the illness of the juror, it is 
 sufficient to say the whole matter was carefully con- 
 sidered on the motion for a new trial, which was 
 denied and the decision approved by the Court of 
 Appeals. The prisoner does not appear to have 
 been in any manner prejudiced by the circumstance 
 and it furnishes no ground for the present applica- 
 tion. Upon a careful consideration of all the ques- 
 tions presented there does not appear to be any 
 reason for granting the respite, and the sentence • of 
 the court ought not therefore to be be disturbed. 
 
 LEVI P. MORTON 
 
 Governor 
 
 VETO OF ASSEMBLY BILL No. 1200 TO 
 REORGANIZE THE CHARITIES COM- 
 MISSION OF KINGS COUNTY 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, May 2, 1895 
 To THE Assembly : 
 
 Assembly bill number 1200 entitled " An act to 
 provide for the reorganization of the board of chari- 
 ties and correction of the county of Kings and for 
 the appointment of a commissioner thereof and sub- 
 ordinates of said department," is herewith returned 
 without approval. 
 
I04 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 By chapter 491 of the laws of 1871 the superin- 
 tendents of the poor of the county of Kings, five in 
 number, were created " Commissioners of charities 
 of the county of Kings," and were made a corpora- 
 tion by that name. They were charged with the 
 management of the poor department of the county, 
 and were given control of all buildings and property 
 belonging to this department. 
 
 The act creating the board was amended by chap- 
 ter 114 of the laws of 1874, and their powers were 
 somewhat enlarged and their duties more specifically 
 defined. The board was reorganized by chapter 284 
 of the laws of 1880, and the official designation was 
 changed to " The commissioners of charities and 
 correction of the county of Kings," and the number 
 of commissioners was reduced to three. The ap- 
 pointment of commissioners was vested in the super- 
 visor-at-large of Kings county. In addition to the 
 management of the poor department, the new board 
 was charged with the government and control of the 
 penitentiary and the morgue of said county, and the 
 appointment of all employees and subordinates in 
 either institution, It was empowered to purchase 
 all articles and supplies for the poor department and 
 the penitentiary. 
 
 The law of I880 does not specifically repeal either 
 of the prior statutes, but it is inconsistent with many 
 of their provisions and must be deemed to super- 
 cede them. The bill now under consideration aims 
 
VETO — KINGS COUNTY CHARITIES COMMISSION • 105 
 
 at a reorganization of the board of charities and cor- 
 rections by terminating the office of the present 
 commissioner on the first day of June, 1895, and 
 providing for the appointment of one commissioner 
 by a board composed of the supervisor-at-large, the 
 sheriff and the county clerk of the county. The 
 commissioner is to hold office for five years and re- 
 ceive a salary of eight thousand dollars per annum. 
 The commissioner is empowered to appoint a deputy 
 commissioner at an annual salary not to exceed six 
 thousand dollars, and such other subordinates or 
 officers as now are, or hereafter may be, provided by 
 law for said department. 
 
 Objection is made to the bill on the ground that it 
 is unconstitutional, for the reason as stated that the 
 sheriff and county clerk cannot constitutionally be 
 made members of such appointing board ; and it is 
 said that no attempt has been made before to vest 
 such power in either of these officers. It appears 
 however that in 1858 the sheriff was made a mem- 
 ber of a board charged with the duty of appointing 
 a commissioner of jurors of Kings county and con- 
 tinued to act as such until 1870 ; and it also appears 
 that in 1871 the county clerk of Kings county with 
 other officers was charged with the duty of appoint- 
 ing a supervisor-at-large. I do not regard the bill 
 objectionable on constitutional grounds, for it seems 
 that the duty imposed upon these officers of appoint- 
 ing a commissioner of charities and correction is 
 
I06 PUBLIC PAPERS- OF GOVERNOR MORTON 
 
 not prohibited by tlie Constitution. But the bill is 
 objectionable and ought not to receive executive 
 sanction for other reasons. 
 
 Even if there is no constitutional objection to the 
 appointment of a commissioner by the sheriff, it is a 
 grave question of propriety as well as of public policy 
 whether this duty should be imposed upon him. 
 
 The functions of the sheriff and county clerk are 
 chiefly executive, administrative and ministerial, and 
 they cannot properly be classified as "authorities" 
 of the county except in a limited sense. The 
 supervisors are the governing body of the county, 
 and are "authorities" thereof. The supervisor-at- 
 large is an "authority " of the county within the 
 meaning of the Constitution, article lo section 2, 
 which provides that county officers shall either be 
 elected by the people or appointed by the " authori- 
 ties " of the county. The power of appointment of 
 the commission of charities and correction has been 
 vested in the supervisor-at-large since 1880, and no 
 complaint is made that he has not fairly performed 
 the duties imposed upon him by law in the appoint- 
 ment of these commissioners. 
 
 On the first day of January, 1896, the consolida- 
 tion of Kings county with the city of Brooklyn will 
 become complete, and by the provisions of section 
 26 of article 3 of the Constitution the board of super- 
 visors will then cease to exist, and the duties and 
 powers of this board may then be devolved by the 
 
VE TO — KINGS CO UNT V CHA RITIES COMMISSION \ o 7 
 
 legislature upon the common council or board of 
 aldermen of the city. Probably the office of super- 
 visor-at-large will also cease to exist after that date, 
 and some provision should be made for the selection 
 of some other officer or board to appoint the suc- 
 cessors of the present commissioners of charities and 
 correction. 
 
 If this bill should become a law, the office of one 
 of the members of the appointing board will proba- 
 bly cease to exist on the first of January next, and 
 the power of appointment will then be left to county 
 officers, not elected with a view to the performance 
 of any such duty, but for entirely different purposes. 
 
 Under the law creating the office of supervisor-at- 
 large, this officer is made practically the mayor of the 
 county, because to him is given the power to preside 
 at the meetings of the board of supervisors, without 
 any vote, but he may veto acts and resolutions 
 passed by the board. Hence he occupies to the 
 county the same relation substantially as the mayor 
 of the city. He becomes the chief officer also of the 
 county, and the most logical transfer of the power of 
 this appointment from the supervisor-at-large would 
 be to the mayor ; and for reasons already suggested it 
 seems incongruous to vest this power of appointment 
 in officers like the sheriff and county clerk. If one 
 officer is not to be trusted with this appointment, to 
 the mayor may be given the power of nomination sub- 
 ject to confirmation by the common council; but the 
 
I08 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 appointment by the supervisor-at-large is not subject 
 to confirmation now, and no good reason has been 
 given why two other officers, or any other officer, 
 should also be charged with the responsibility of 
 this appointment. 
 
 For fifteen years one officer has had the power 
 to appoint three commissioners. By this bill it 
 is proposed to vest three officers with the power 
 of appointing one commissioner. If any change is 
 to be made in the present method of appointment, in 
 view of the near consolidation of the city and county, 
 it should be made to conform to that consolidation 
 by continuing the appointing power after the first of 
 January next in the hands of some city officer whose 
 official life and functions will continue after that date. 
 
 It seems to be agreed that for many reasons a 
 reduction of the number of commissioners from three 
 to one is desirable ; but that result can be accom- 
 plished without changing the appointing power. 
 There seems to be no necessity of enlarging the 
 appointing board simply to reduce the number of 
 commissioners. 
 
 The bill under consideration seems to have been 
 hastily drawn and is seriously defective in form as 
 well as in its plan. It continues the designation of 
 the board of charities and correction, although it 
 provides for only a single officer. The bill says that 
 there shall be " a board of charities and correction 
 of the county of Kings ; shall be hereafter known 
 
VETO — KINGS COUNTY CHARITIES COMMISSION 109 
 
 and designated as a department of charities and cor- 
 rection of the county of Kings," and then that "the 
 said department shall consist of one commissioner 
 and a deputy commissioner and such officers or 
 subordinates as are now or may hereafter be pro- 
 vided by law." A reorganization of the department 
 could be most easily accomplished by amendments 
 to the act of 1880 creating the department ; but in- 
 stead we have an independent bill which may in 
 some respects modify the act of 1880, but without 
 specifically repealing any part of it. 
 
 A simple method of making the change would be 
 to amend the act of 1880 by providing for one com- 
 missioner instead of three, and providing for another 
 method of appointment. That would leave the re- 
 mainder of the statute in force, and would avoid any 
 confusion or uncertainty as to the effect of this bill 
 if it should become a law. For the reasons sug- 
 gested I think this bill should not receive executive 
 approval. 
 
 LEVI P. MORTON 
 
I lO PUBLIC PAPERS OF GOVERNOR MORTON 
 
 MEMORANDUM FILED WITH ASSEMBLY 
 
 BILLS Nos. 1829, 2054 and 2712, AND SENATE 
 BILL No. 1 198, TO REGULATE HORSE 
 RACING AND TO ESTABLISH A STATE 
 RACING COMMISSION — APPROVED 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, May 9, 1895 
 
 Memorandum filed with Assem-bly bill number 1829 
 entitled ''An act for the incorporation of associa- 
 tions for the improvem,ent of the breed of horses and 
 to regulate the same; and to establish a State 
 Racing Commission " — Approved 
 
 Assembly bill number 2054 entitled ""An act to amend 
 section three hundred and forty-three of the Penal 
 Code of the State of New York, as amended by 
 chapter four hundred and twenty-eight of the laws 
 of eighteen hundred and eighty-nine, relating to 
 keeping gaming and betting establishments " — 
 Approved 
 
 Assembly bill number 2712 entitled "An act to am,end 
 section three hundred and fifty-one of the Penal 
 Code of the State of New York, relating to pool- 
 selling, book-making, bets and wagers " — Approved 
 
 Senate bill number iic)^ entitled '■^ An act in relation 
 to the powers and privileges of corporations hereto- 
 fore for m,ed for raising, breeding or improving the 
 
THE RA CING LAW \\\ 
 
 breed of horses, or formed or entitled to the benefits 
 or privileges of any act for the incorporation of 
 associations for the improvement of the breed of 
 horses, and to regulate the same ; and to establish 
 a State Racing Commission " — Approved 
 
 These four bills provide for the formation of asso- 
 ciations for the improvement of the breed of horses, 
 for holding trotting or running race meetings, for a 
 State Racing Commission, and prohibit the keep- 
 ing of gaming and betting establishments, and also 
 pool-selling, book-making, bet and wagers. All relate 
 to the same general subject, and for that reason are 
 here considered in one group. Several statutes re- 
 lating to the same or similar subjects are by these 
 bills repealed or amended, and this group of bills will 
 comprise what will be known as the " Racing Law 
 of the State." 
 
 By chapter 478 of the laws of 1887 pool-selling on 
 race courses was legalized, and the provisions of the 
 Penal Code relating to the subject were to be sus- 
 pended during thirty days in each year, between May 
 15 and October 15, upon certain race grounds. This 
 act made lawful, during the period named and upon 
 these race tracks, that which elsewhere and during 
 other portions of the year was treated as a crime. 
 The act was amended by chapter 469 of the laws of 
 i8gl3, and also by chapter 197 of the laws of 1894. 
 By section nine of article one of the Constitution, as 
 
I I 2 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 amended in 1894, it is provided among other things 
 that pool-selling, book-making nor any other kind of 
 gambling shall hereafter be authorized or allowed 
 within this State, and the legislature shall pass 
 appropriate laws to prevent offences against any of 
 the provisions of this section." While the principal 
 portions of the acts above cited are probably abro- 
 gated or rendered invalid by the constitutional 
 amendment, some portions of the laws probably re- 
 main in force, but in consequence of the constitu- 
 tional amendment, a revision of the laws relating to 
 racing and racing associations seems to be required ; 
 hence the legislation proposed by the bills now 
 under consideration. 
 
 The first bill — that relating to the formation of 
 racing associations — seems to be a great improve- 
 ment upon the act of 1887 and contains none of the 
 objectionable features of that bill, and the second and 
 third bills, amending sections 343 and 351 of the 
 Penal Code, also seem necessary to carry into effect 
 the prohibition contained in the constitutional amend- 
 ment. The fourth bill is explanatory of the first, 
 and is made necessary also by some provisions of the 
 general corporations law of the State which, might 
 otherwise affect associations formed under the first 
 bill. 
 
 It seems to have been the intention of the framers 
 of the law to provide every reasonable safeguard 
 against gambling in connection with horse racing. 
 
THE RACING LA W 
 
 113 
 
 Pool-selling, book-making, recording of bets and 
 wagers and open gambling are prohibited under 
 penalty of imprisonment or imprisonment and fine. 
 
 The proposed legislation also seems broad enough 
 to prohibit the transmission by telegraph or tele- 
 phone of orders or commissions for the laying of 
 wagers upon horse races ; and even where private 
 individual wagers are made between persons, no 
 token, receipt or certificate of the making of such 
 wager or bet, or of liability to pay over or refund the 
 money so wagered, can be passed or exchanged be- 
 tween the parties, and for a violation of this pro- 
 vision a penalty is imposed under which the loser 
 may recover at law the whole sum so wagered be- 
 tween himself and the winner. Besides, the officials 
 in charge of or controlling the racing associations 
 and race tracks who may connive at, or permit viola- 
 tion of the law in this respect, are themselves made 
 subject to imprisonment or both imprisonment and 
 fine equally with the persons engaged in betting ; 
 and the racing commission created by the first bill 
 is empowered to revoke the license of the association 
 <5n whose tracks or grounds the law is violated. 
 
 It was probably not intended by the constitutional 
 amendment to prohibit racing altogether, but the 
 evil of pool-selling and book-making had become so 
 great that the Constitutional Convention of 1894 felt 
 justified in recommending the adoption of a consti- 
 tutional provision against it, placing these things on 
 
114 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 the same basis as lotteries and the sale of lottery 
 tickets, which were already included in the constitu- 
 tional prohibition. By the bills under consideration 
 the legislature has attempted to perform the duty 
 imposed upon it by the Constitution and provide 
 legislation which should prevent offenses against the 
 provisions of the Constitution relating to pool-selling, 
 7 book-making and gambling at horse races. Whether 
 the object aimed at has been fully accomplished can 
 only be determined by experience, and if this legisla- 
 tion shall prove inadequate or insufficient to prohibit 
 or repress 'the evils mentioned, public sentiment will 
 doubtless demand more stringent legislation in the 
 future. 
 
 I am not unmindful of the objections which have 
 been made to these bills by eminent citizens inte- 
 rested in maintaining good morals and good order, 
 and I am in entire sympathy with the spirit of their 
 objections. No one could deprecate more than my- 
 self any legislation which would have a tendency to 
 increase rather than diminish gambling. But a care- 
 ful consideration of these bills leads me to the 
 conclusion that gambling at horse races will be ma- 
 terially lessened, if not altogether prohibited, by their 
 provisions. At all events it seems wise that some 
 legislation should be enacted. It does not seem 
 proper to leave the statutes upon this subject in the 
 uncertain condition produced by the amendment to 
 the Constitution, and it is impracticable if not im- 
 
VETO — CO UNTY LAW AS TO BRIDGES \ \ 5 
 
 possible at this stage of the legislative session to 
 procure any other legislation than that proposed by 
 these bills ; and while they may not be satisfactory 
 to all our people, it seems to me proper on the whole 
 to approve them in the form recommended by the 
 legislature. 
 
 LEVI P. MORTON 
 
 VETO OF SENATE BILL No. 536, TO AMEND 
 THE COUNTY LAW AS TO BRIDGES 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, May 11, 1895 
 To THE Senate : 
 
 Senate bill number 536 entitled " An act to amend 
 chapter eighteen of the general laws entitled 'An 
 act in relation to counties," is herewith returned 
 without approval. 
 
 The bill proposes to amend section sixty-eight of 
 the county law, relating to bridges over county lines, 
 by which boards of supervisors are required to pro- 
 vide for the care, maintenance, preservation and re- 
 pair of bridges which intersect the boundary lines of 
 counties. The present law provides that " when such 
 bridge shall span any portion of the navigable tide- 
 waters of this State, forming, at the point of cross- 
 
I 1 6 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 ing, the boundary lines between two counties, such 
 expense shall be a joint and equal charge on the two 
 counties in which the bridge is situated," and the 
 board of supervisors in each county is required to 
 apportion the expenses among the towns and cities 
 therein according to their judgment ; and the statute 
 further provides that "no such bridge shall be con- 
 structed unless authorized by resolution adopted by 
 the board of supervisors in each of such counties." 
 
 This bill proposes to strike out the provision last 
 quoted and insert in place thereof the following : 
 " Provided, however, that where such a bridge is 
 destroyed or removed a new bridge shall not be 
 built, unless the board of supervisors of each county 
 adopt a resolution deciding such new bridge to be 
 necessary for the public interest, and such boards are 
 hereby vested with exclusive power to determine the 
 necessity of such new bridge." 
 
 It is the evident intention of the proposed amend- 
 ment to deprive the courts of any power to compel 
 boards of supervisors by mandamus to construct 
 bridges over streams forming boundary lines, in the 
 cases mentioned in section sixty-eight. I think legis- 
 lation of this character should not be encouraged, 
 and it seems to me very unwise to clothe adminis- 
 trative boards with absolute power in cases of this 
 kind, and place them beyond the control of judicial 
 tribunals. The duty of keeping bridges in repair is 
 plainly administrative and mandatory, and should 
 
BROOKLYN AND KINGS COUNTY CONSOLIDA TION I I 7 
 
 not be made simply discretionary. The power and 
 duty conferred upon boards of supervisors by the 
 present law is in the public interest and for the 
 public benefit ; and legislation which seems expressly 
 intended to relieve these boards from any super- 
 vision or control by the courts is I think opposed 
 to sound public policy. If a board of supervisors 
 should refuse to rebuild, in a proper case, a bridge 
 which has been destroyed or removed, any citizen 
 should have the right to invoke the aid of the court 
 to compel the performance by the board of a public 
 duty, and the court may be trusted to make a proper 
 decision protecting the interests of all concerned. 
 
 LEVI P. MORTON 
 
 CERTIFICATION OF THE NECESSITY OF 
 THE PASSAGE OF SENATE BILL No. 1455 
 TO CONSOLIDATE THE GOVERNMENTS 
 OF BROOKLYN AND KINGS COUNTY 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, May 15, 1895 
 To THE Legislature : 
 
 It appearing to my satisfaction that the public 
 interest requires it. 
 
 Therefore, in accordance with the provisions of 
 section fifteen of article three of the Constitution 
 
1 18 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 and by virtue of the authority thereby conferred 
 upon me I do hereby certify to the necessity of the 
 immediate passage of Senate bill number 1455, en- 
 titled " An act to consolidate the governments of the 
 county of Kings and the city of Brooklyn, and regu- 
 late the same." 
 
 Given under my hand and the Privy Seal of 
 
 the State at the capital in the city of 
 [l s] Albany this fifteenth day of May in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 CERTIFICATION OF THE NECESSITY OF 
 THE PASSAGE OF SENATE BILL IN- 
 TRODUCTORY No. 1373 TO REGULATE 
 THE CIVIL SERVICE 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, May 15, 1895 
 To THE Legislature : 
 
 It appearing to my satisfaction that the public 
 interest requires it, 
 
 Therefore, in accordance with the provisions of 
 section fifteen of article three of the Constitution 
 
APPROPRIATION BILL 
 
 119 
 
 and by virtue of the authority thereby conferred 
 upon me I do hereby certify to the necessity of the 
 immediate passage of Senate bill number 1373 intro- 
 ductory number 383 entitled " An act to regulate and 
 improve the Civil Service of the State of New York." 
 Given under my hand and the Privy Seal of 
 
 the State at the capitol in the city of 
 [l s] Albany this fifteenth day of May in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 CERTIFICATION OF THE NECESSITY OF 
 THE PASSAGE OF ASSEMBLY BILL IN- 
 TRODUCTORY No. 1752 TO PROVIDE 
 WAYS AND MEANS FOR THE SUPPORT 
 OF THE GOVERNMENT 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, May 15, 1895 
 To THE Legislature : 
 
 It appearing to my satisfaction that the public 
 interest requires it, 
 
 Therefore, in accordance with the provisions of 
 section fifteen of article three of the Constitution 
 
I 20 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 and oy virtue of the authority thereby conferred 
 upon me I do hereby certify to the necessity of the 
 immediate passage of Assembly bill (^introductory 
 number 1752) entitled "An act to provide ways and 
 means for the support of the government." 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 [l s] Albany this sixteenth day of May in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 CERTIFICATION OF THE NECESSITY OF 
 THE PASSAGE OF ASSEMBLY BILL No. 
 2794 — THE SUPPLEMENTAL SUPPLY 
 BILL 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, May 15, 1895 
 To THE Legislature : 
 
 It appearing to my satisfaction that the public 
 interest requires it, 
 
 Therefore, in accordance with the provisions of 
 section fifteen of article three of the Constitution 
 and by virtue of the authority thereby conferred 
 
THE MATTER OF COUNTY CLERK GRIFFING 121 
 
 Upon me I do hereby certify to the necessity of the 
 immediate passage of Assembly bill number 2794 
 (introductory number 1746), entitled " An act making 
 appropriations for certain expenses of government 
 and supplying deficiencies in former appropriations." 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 [l s] Albany this fifteenth day of May in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 MATTER OF COUNTY CLERK GRIFFING — 
 NOTICE AND SUMMONS 
 
 State of New York 
 
 Executive Chamber 
 
 In the matter of the charges preferred against Orville 
 H. Griffing, Clerk of the county of Hamilton 
 
 To Orville H. Gripping, Clerk of the county of 
 Hamilton : 
 You are hereby notified that charges of miscon- 
 duct in office have been preferred against you and a 
 copy of said charges is herewith served upon you. 
 
122 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 You are hereby further notified that you will be 
 afforded an opportunity of being heard in your de- 
 fense in answer to said charges before me at the 
 Executive Chamber in the city of Albany on 
 Wednesday, June twelfth instant, at eleven o'clock 
 in the forenoon. 
 
 In witness whereof I have hereunto signed 
 my name and affixed the Privy Seal of 
 [l s] the State at the Capitol in the city of 
 Albany this first day of June in the year 
 of our Lord, one thousand eight hundred 
 and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
VE TO — ITEMS IN SUPPL V BILL \ 2 3 
 
 VETO OF ITEMS IN ASSEMBLY BILL No. 
 2800 — THE SUPPLY BILL 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, June 5, 1895 
 
 Statement of items of appropriation objected to and 
 not approved, contained in Assem,bly bill number 
 2800 entitled ''■An act making appropriations for 
 certain expenses of government and supplying defi- 
 ciencies in form,er appropriations — Not approved 
 
 The several items herein enumerated, contained in 
 Assembly bill number 2800 entitled " An act making 
 appropriations for certain expenses of government 
 and supplying deficiencies in former appropriations," 
 are objected to and n,ot approved for the reasons 
 hereinafter stated : 
 
 First. " For the Adjutant-General, for building of 
 an indoor rifle range in the rear of the State armory 
 in the city of Oswego, four thousand dollars, or so 
 much thereof as may be necessary." This seems 
 like an unnecessary expenditure of money at this 
 time. Probably sufficient opportunity can be ob- 
 tained for rifle practice without erecting an indoor 
 range for this express purpose. 
 
 Second. "For compensation of the present finan- 
 cial clerk of the Assembly, for his attendance at the 
 opening of the session of the legislature of 1896, the 
 sum of three hundred dollars." 
 
124 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 I am unable to discover any good reason for this 
 expenditure. The legislative law provides for the 
 attendance of certain officers of each house at the 
 opening of the next succeeding session of the legis- 
 lature and for their compensation. The financial 
 clerk of the Assembly is not included in this number. 
 No good reason is given why his attendance is re- 
 quired, or if required, why it should not have been 
 procured by an amendment to the legislative law. 
 The officers who are required by legislative law to 
 attend at the opening of the succeeding legislature 
 are to be paid the same per diem compensation as 
 they were entitled to receive at the preceding ses- 
 sion for like services. This appropriation fixes the 
 gross sum which this clerk may receive without re- 
 gard to the number of days he may attend. This 
 would establish a precedent which would be likely 
 to be annoying in the future. If the next Assembly 
 should need the services of this clerk, it can employ 
 him and pay him whatever his services may be 
 worth. 
 
 LEVI P. MORTON 
 
MATTER OF CLINCH Y, INSPECTOR OF GAS METERS I 25 
 
 MATTER OF ANTHONY CLINCHY, IN- 
 SPECTOR OF GAS METERS — NOTICE 
 AND SUMMONS 
 
 Albany, June 6, 1895 
 
 To Anthony Clinchy, Inspector of Gas Meters, 
 New York city : 
 
 SiR.^ — You are hereby notified that charges of mis- 
 conduct and malfeasance in office have been preferred 
 against you by the sub-committee of the Senate 
 appointed to investigate the Department of the 
 Inspector of Gas Meters. 
 
 You are therefore required to show cause why you 
 should not be removed from the office of Inspector 
 of Gas Meters, and to answer the said charges 
 within eight days after service of this order. 
 
 That you are charged by said committee with wil- 
 ful neglect to perform your duty, as required by 
 chapter 385, laws of 1893. That such violation 
 consisted : 
 
 First. In passing and sealing meters during the 
 year 1894, without examination by yourself or your 
 deputies. 
 
 Second. In permitting manufacturers of gas meters 
 to place the seal of the inspector of gas meters upon 
 meters manufactured by them, without examination 
 of said meters by yourself or your deputies. 
 
 Third. In permitting manufacturers of gas meters 
 to use the seal of the inspector of gas meters upon 
 
I 26 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 meters manufactured by them, without an examina- 
 tion of said meters by yourself or your deputies, and 
 in charging said manufacturers a given sum per 
 meter for the said privilege of using said seals, 
 without examination. 
 
 In witness whereof I have signed my name 
 
 and affixed the Privy Seal of the State at 
 
 [l s] the Capitol in the city of Albany this sixth 
 
 day of June in the year of our Lord one 
 
 thousand eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 VETO OF ITEMS IN ASSEMBLY BILL No. 
 2810 — THE APPROPRIATION BILL 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, June 12, 1895 
 
 Statement of items of appropriation objected to and 
 not approved contained in Assembly bill number 
 2810 entitled "An act tnaking appropriations for 
 certain expenses of government and supplying defi- 
 ciencies in former appropriations "• — Not approved 
 
 The several items herein enumerated, contained 
 in Assembly bill number 2810 entitled "An act 
 
VETO — ITEMS IN THE A PFROPRIA TWN BILL I 2 7 
 
 making appropriations for certain expenses of^ gov- 
 ernment and supplying deficiencies in former appro- 
 priations," are objected to and not approved for the 
 reasons hereinafter stated : 
 
 First. " For the Comptroller, for payment to the 
 Panama Railway Company for taxes erroneously 
 paid, the sum of twenty-five thousand dollars." 
 
 It appears that this company, during the years 
 1881, 1882, 1883 and 1884, paid into the State 
 Treasury taxes assessed and levied upon it under 
 the provisions of the Corporation Tax Law of 1880 
 and 1881. By an amendment to the tax law, passed 
 in 1885, the liability of the company to taxation was 
 reduced, and since then it has been taxed upon a 
 different basis. In 1891 the Comptroller re-settled 
 and re-adjusted the accounts of this company for 
 taxes of 1 88 1, 1882, 1883 and 1884, and thereupon 
 credited the company with the sum of $94,025.85. 
 It seems quite clear that under the tax laws of 1880 
 and 1 88 1 this company was liable for the tax which 
 it paid, and that it has no valid claim against the 
 State for any part of such taxation, unless the re- 
 settlement by the Comptroller creates such a claim. 
 Assuming such re-settlement to be valid and binding 
 upon the State, the law does not direct a re-payment 
 of the amount to the company, but provides for a 
 credit upon future tax ; and no appropriation to re- 
 fund the tax should be made, unless it be made to 
 appear that the tax was in fact erroneously paid. 
 
I 28 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 The company is now receiving the benefit of the re- 
 settlement made by the Comptroller by credit upon. 
 the tax which it is now paying annually under the 
 provisions of law. This appropriation does not pur- 
 port to be in full settlement of any claim the com- 
 pany may have against the State, and if it be 
 approved, other appropriations will probably be 
 called for hereafter. If any appropriation is to 
 be made to refund the tax paid by this company, 
 it should be made in a manner and in an amount 
 which will be a full settlement of the whole matter. 
 
 Second. "The sum of two thousand dollars, or so 
 much thereof as may be necessary, is hereby appro- 
 priated out of moneys not otherwise appropriated, 
 for the erection and construction by the Superin- 
 tendent of Public Works, on plans prepared by the 
 State Engineer, of a dyke or breakwater at a point on 
 the east side of the Hudson river, north of the Albany 
 and Greenbush' bridge, beginning at the southwest 
 corner of a dock formerly known as the Warren and 
 Wilbur dock, and running from thence south about 
 three hundred and fifty feet, more or less, to the dock 
 at the foot of f^erry street, in the village of 
 Greenbush." 
 
 There does not seem to be any public necessity 
 for this work. It appears to be a private enterprise, 
 and if so the expense should not be borne by the 
 State. 
 
 LEVI P. MORTON 
 
VETO — APPROPIUATION FOR CANAL LOCKS 
 
 129 
 
 VETO OF ASSEMBLY BILL No. 1766 TO 
 PROVIDE FOR LIFTING LOCKS ON THE 
 ERIE CANAL 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, June 13, 1895 
 Memorandum filed with Assembly bill nnm,ber i 765 
 entitled "An act authorizing the coitstruction and 
 repair of lifting locks, with the necessary ap- 
 proaches, machinery and appliances therefor, to 
 replace the present series of five combined twin locks 
 on the Erie canal, in the city of Lockport, Niagara 
 county, and making an appropriation therefor " — 
 JVot approved 
 
 This bill provides for the construction of one pair 
 of lifting locks of double boat length, with the 
 necessary approaches thereto, and the necessary 
 foundations, machinery and appliances therefor, to 
 replace the present series of five combined twin 
 locks on the Erie canal at Lockport, and the sum of 
 one hundred thousand dollars, or so much thereof as 
 may be necessary, is appropriated for the purpose 
 specified. It is urged in behalf of the bill that the 
 construction of this pair of lifting locks to replace 
 the five combined twin locks at Lockport will greatly 
 facilitate the transaction of business on the Erie canal. 
 By a law which took effect on the sixth of March 
 last, provision is made for submitting to the people 
 9 
 
130 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 of this State at the next general election the propo- 
 sition whether the State shall issue bonds to an 
 amount not to exceed nine millions of dollars for the 
 purpose of enlarging and improving the Erie, the 
 Champlain and the Oswego canals, and in the event 
 of the adoption of such proposition, bonds are to be 
 issued for the purposes indicated. 
 
 In view of this pending proposition it does not 
 seem advisable at this time to approve the bill now 
 under consideration, and I think the proposed im- 
 provement at Lockport should be deferred until an 
 expression of opinion has been obtained from the 
 people of the State upon the general question of 
 canal enlargement. If the proposition to expend 
 nine millions of dollars upon the canals be approved, 
 the enlargement of the locks mentioned in this bill 
 
 will probably be necessary, and the expense thereof 
 can be paid from the fund raised by the sale of 
 bonds authorized by the above mentioned law, and 
 without any additional appropriation. About one 
 million two hundred and fifty thousand dollars have 
 already been appropriated this year for the canals, 
 for what seem to be necessary maintenance, repairs 
 and improvements, and I think that in view of the 
 heavy appropriations already made, and the proposi- 
 tion now awaiting action by the people, the public 
 interest requires the postponement of the contem- 
 plated improvement at Lockport. 
 
 LEVI P. MORTON 
 
VE TO—APPROPRIA TION FOR ARMOR Y AT B UFFALO I 3 I 
 
 VETO OF SENATE BILL No. 423 FOR THE 
 ERECTION OF AN ARMORY IN 
 BUFFALO. 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, June 14, 1895 
 
 Memorandum filed with Senate bill number 423 en- 
 titled '■'' An act to provide for the acquisition of a 
 site and the erection thereon of an arm,orii in the 
 city of Buffalo, for the Seventy-fourth Regiment, 
 National Guard of the State of New York, and 
 making an appropriation therefor " — JVot approved 
 
 The bill provides for the transfer by the city of 
 Buffalo to the people of the State of a tract of land 
 for the purpose of an armory site for the Seventy- 
 fourth regiment of the National Guard, and for the 
 erection of an armory upon such land by the State 
 at a cost not to exceed in the aggregate the sum of 
 four hundred thousand dollars, but the appropriation 
 not to be available until on or after the first day of 
 April, 1896. 
 
 In a message transmitted to the Assembly on the 
 twenty-eighth of February last, disproving a bill pro- 
 viding for the erection of an armory at Ogdensburg, 
 it was suggested that no appropriations should be 
 made which can be deferred without injury to the 
 interests of the State, and especially that no new 
 
132 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 armories or normal school buildings should be 
 erected this year. Attention was called to the fact 
 that several bills were pending for appropriations for 
 repairs and improvements upon armories, as well as 
 for several new armories. Afterwards I declined to 
 approve a bill for a new armory at Whitehall. 
 Several appropriations have been approved for re- 
 pairs and improvements upon armories, but none 
 have thus far been approved for new armories. In 
 view of the policy already indicated I cannot con- 
 sistently approve this bill. Other bills are now 
 pending for new armories, and an approval of this 
 bill would require the approval of the others, and 
 thus involve a reversal of executive policy, for which 
 reversal no sufficient reason could be given. 
 
 It has been urged that an approval of this bill 
 would be proper, because of the approval of a bill 
 making an appropriation for repairs and enlargement 
 of the armory of the Forty-seventh regiment in 
 Brooklyn, but that appropriation was strictly in line 
 with the policy indicated early in the late session of 
 the legislature, that appropriations for armories 
 should be confined to necessary repairs and im- 
 provements. 
 
 In disapproving this bill it seems proper to say that 
 the Seventy-fourth regiment is not now without an 
 armory, although no appropriation therefor has been 
 made by the State — it appearing that the present 
 armory used by this regiment was erected wholly at 
 
VETO—APPROPRIA TION FOR ARMOR Y AT BUFFALO \ 33 
 
 the expense of the county of Erie. The pending 
 bill provides for the transfer of the present armory 
 to the city of Buffalo upon the completion of the 
 new armory. 
 
 It is also urged in behalf of this bill that the 
 facilities afforded by the present armory are inade- ' 
 quate, and that the best interests of the military 
 service require a new building. This suggestion is 
 not without force, but it can have no greater weight 
 than a similar suggestion made in behalf of the 
 military company at Whitehall, which has been in 
 existence several years, and whose drill-room was 
 destroyed by fire while that armory bill was under 
 executive consideration. 
 
 It appears from reports of the Adjutant-General, 
 and from information derived from other sources, 
 that the Seventy-fourth regiment has reached a high 
 degree of proficiency and is one of the best in the 
 National Guard. It should probably soon be pro- 
 vided with additional and more adequate accommo- 
 dations, and the legislature will doubtless in the 
 near future give this matter the attention which its 
 importance seems to demand. 
 
 LEVI P. MORTON 
 
134 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 VETO OF SENATE BILL No. 241 TO PRO- 
 VIDE FOR A STATE DAM ON THE 
 GENESEE RIVER 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, June 14, 1895 
 
 Memorandum filed with Senate bill num,ber 241 en- 
 titled "'An Act providing for the construction of a 
 dam on the Genesee river for the purposes of the 
 Erie canal, and for restoring to the owners of water 
 power on the Genesee river, the water diverted by 
 the State for canal purposes " — Nut approved 
 
 This bill provides for the erection of a dam at 
 some point on the Genesee river for' the purpose of 
 providing a supply of water for the use of the Erie 
 canal, and also for the use of the owners of water 
 power upon the Genesee river. The bill does not 
 attempt to locate the dam definitely, but requires its 
 construction at one of the three sites referred to in 
 the report of the State Engineer and Surveyor sub- 
 mitted to the Legislature January 2, 1894. The bill 
 requires the construction of a dam fifty-eight feet 
 in height above the stream bed, and in such manner 
 and of such dimensions as to be capable of being 
 extended to the height of one hundred and thirty 
 feet. The bill makes an appropriation of $150,000, 
 "or so much thereof as may be necessary," for the 
 
VEl'O— PROPOSED STATE DAM ON GENESEE RIVER I 35 
 
 purpose of carrying into effect the provisions of the 
 act. Ten thousand dollars of this amount are specifi- 
 cally appropriated for plans and specifications of the 
 proposed dam, leaving $140,000 for the construction 
 of the dam itself. 
 
 The sites proposed for the dam are all in a gorge 
 in the Genesee river near Mount Morris, and are 
 about forty miles from the city of Rochester. If a 
 dam is to be constructed upon the Genesee river 
 for the purpose of water storage, this gorge is the 
 most available place. Civil engineers and others 
 agree that the opportunities for storing a large 
 quantity of water at this point are unsurpassed if 
 not unequalled. It is estimated that a dam fifty- 
 eight feet high would store about 1,500,000,000 
 cubic feet of water, submerge about 406 acres of 
 land, and cause a back ilowage of about ten and 
 one-half miles; that a dam one hundred feet high 
 would store about 4,800,000,000 cubic feet of water, 
 submerge about 2,090 acres of land, and cause a 
 back flowage of about thirteen and three-quarters 
 miles, and that a dam one hundred and thirty feet 
 high would contain nearly 8,000,000,000 cubic feet of 
 water, flood 2,350 acres of land and reach back 
 about fifteen miles. 
 
 From the discussion of this topic, referred to in 
 the bill, it appears that the cost of a dam fifty-eight 
 feet high, at what is called the " hog back" site, would 
 be about $850,000; at site designated as " No. i," 
 
136 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 $1,200,000; at site designated as " No 2," $1,300,000, 
 and that the expense of completing a dam fifty-eight 
 feet high, of sufficient dimensions to be capable of 
 being extended to a height of one hundred and thirty 
 feet would be, at the sites above mentioned, re- 
 spectively $2,100,000, $3,150,000 and $3,350,000, and 
 to first complete a dam fifty-eight feet high, and 
 afterwards raise it to one hundred and thirty feet, 
 the estimated expense would be at the same sites 
 respectively $2,500,000, $3,250,000 and $3,400,000. 
 These estimates are official and they show that the 
 amount appropriated in this bill is a very small por- 
 tion of the whole sum which will probably be re- 
 quired, if this dam is to be built at the expense of 
 the State. While a dam at the point named is prob- 
 ably desirable, and will be beneficial to the residents 
 of the Genesee valley and especially to the people of 
 Rochester, it does not seem to me wise for the State 
 to enter upon this expensive public work at this time. 
 So far as/concerns the value of the dam as a feeder 
 for the Erie canal, it may be doubtful whether the 
 condition of canal business at the present time, and 
 the necessities of the canal itself, justify such a large 
 expenditure. If the proposition to deepen the Erie 
 canal to nine feet, upon which the people will vote 
 in November next, be approved, an additional water 
 supply will be required, and in that event the con- 
 struction of this dam may be deemed necessary; but 
 for canal purposes alone it does not seem wise to 
 
VETO— PROPOSED STATE DAM ON GENESEE RIVER I 37 
 
 begin the work until the people have expressed their 
 approval of the proposition for canal enlargement. 
 Another purpose for which the dam seems to be 
 desired is to furnish a supply of water for use by 
 manufacturers and others in the city of Rochester, 
 and it is also urged in behalf of the bill that the dam 
 will prevent floods and consequent damage to prop- 
 erty, which have sometimes resulted from a sudden 
 and extraordinary rise of the Genesee river. 
 
 So far as concerns the additional water power to 
 be supplied by means of this dam in the city of 
 Rochester, it may be fairly contended that this city 
 should bear some portion of the expense. No pro- 
 vision is made for any such contribution by the city 
 in the pending bill, and I am of the belief that if the 
 State should determine to build such a dam upon the 
 Genesee river, some provision should be made 
 whereby the city of Rochester, and possibly other 
 localities interested in the work, may contribute to 
 the expense of construction. 
 
 The commission appointed by the Governor in 
 April, 1892, under the concurrent resolution of the 
 Legislature adopted in March of that year, providing 
 for such a commission to inquire and report as to the 
 expediency of constructing a dam upon the Genesee 
 river for the purposes indicated, made a report to the 
 Legislature under date of February 2, 1893, urging 
 the importance of such a dam and recommending its 
 construction. The State Engineer and Surveyor 
 
138 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 has also on several occasions recommended that 
 such a dam be built, As already suggested, if the 
 proposition for canal enlargement be approved pub- 
 lic sentiment may justify the construction of the dam 
 in the Genesee river for canal purposes. If the 
 proposition to deepen the Erie canal be not approved, 
 the question will still remain whether a dam in this 
 river may not be desirable for the protection of prop- 
 erty and the increase of water power in the city of 
 Rochester, and the expediency of engaging in this 
 public work and the proportion of the expense 
 thereof to be borne by the State will be proper sub- 
 jects for consideration by the Legislaure. But in 
 view of the question of general canal improvement 
 now pending before the people, to be decided at the 
 next election, and also in view of the fact that this 
 bill makes no provision for any contribution toward 
 the expense of the dam by any of the localities inter- 
 ested, I think it should not be approved. 
 
 LEVI P. MORTON 
 
VETO — MANHATTAN STATE HOSPITAL BILL 
 
 139 
 
 VETO OF^ASSEMBLY BILL No. 2348 TO ES- 
 TABLISH THE MANHATTAN STATE 
 HOSPITAL 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, June 15, 1895 
 
 Memorandum filed with Assembly bill number 2348 
 entitled ''An act for the conversion of the New York 
 city asylums for the insane into a State hospital and 
 to establish the Manhattan State Hospitar' — Not 
 approved 
 
 This bill was passed by the Assembly on the eighth 
 of May last, by the Senate on the ninth, and on the 
 tenth a certified copy thereof was transmitted to the 
 mayor of New York for his action, pursuant to the 
 provisions of the Constitution. On the twenty-first 
 the original bill properly certified was presented to me, 
 and on the twenty-fifth the certified copy of the bill 
 was returned by the mayor but without any certifi- 
 cate showing whether the city had or had not 
 accepted the same, and also without any certificate 
 showing that the public notice and an opportunity 
 for a public hearing upon said bill had been given, 
 as required by the Constitution and by chapter 9 of 
 the Laws of 1895. The question is now presented 
 whether this bill can properly receive executive ap- 
 proval, or whether it is subject to executive action 
 
140 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 at all, and this involves a consideration of the ques- 
 tion : First, whether the bill is one for a special city 
 law within the meaning of section two of article twelve 
 of the Constitution ; and second, whether, being 
 such a bill and therefore one of the class of bills re- 
 quired to be first submitted to the mayor for his con- 
 sideration, it is subject to executive consideracion 
 without any action by the mayor. 
 
 I think it is conceded by every one who has given 
 the matter careful consideration that this bill is a 
 "city bill " within the meaning of the Constitution. 
 It relates to the property of the city and provides 
 for its transfer to the State, and it requires action by 
 certain city officers. It is so clearly one of the class 
 of bills which must be submitted to a city before 
 being subject to executive consideration, that further 
 discussion of that question is unnecessary. The 
 question of the power of the Governor to act upon 
 a bill is primarily one of jurisdiction ; so the real 
 question here is — has the Governor jurisdiction of 
 this bill? The jurisdiction of the Governor to act 
 upon a bill depends upon the existence of various 
 conditions. One is that a bill must have received 
 the votes of a majority of the members elected to 
 each branch of the Legislature. Certain bills also 
 require the presence of three-fifths of the members 
 of each branch when the vote is taken upon their 
 final passage ; and still another class of bills cannot 
 be properly passed without the affirmative vote of 
 
MEMORANDUM ON MANHA TTAN STA TE HOSPITAL 141 
 
 two-thirds of the members elected to each branch 
 of the Legislature. If either of these Constitutional 
 requirements is lacking in a given case, the Governor 
 has no jurisdiction to act, and an approval of such a 
 bill by him does not make it a valid law. In addi- 
 tion to these jurisdictional requirements, which must 
 be considered in the case of every bill, the Constitu- 
 tion as amended in 1894 imposed another jurisdic- 
 tional limitation upon the power of the Governor in 
 the case of bills which are required to be first sub- 
 mitted to the city to which they relate. By virtue 
 of this new provision the Governor obtains no juris- 
 diction of a so-called " city bill " until it has first 
 been submitted to the city, and is either accepted by 
 it, or if not accepted is again passed by the legisla- 
 ture. The Constitution provides that " whenever 
 any such bill is accepted as herein provided it shall 
 be subject as are other bills to the action of the 
 Governor." The express grant of power to act upon 
 an accepted bill cannot be treated also as a grant by 
 implication of the same power to act in the case of a 
 bill not accepted. No suggestion is made that the 
 Governor has any power to act upon the " city bill," 
 only in case of its acceptance by the city or of its 
 second passage by the Legislature. The Constitution 
 contains no intimation that jurisdiction is intended 
 to be conferred upon the Governor with equal effect, 
 whether the bill is accepted or not accepted by cities. 
 The Constitution evidently intended to confer upon 
 
142 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 cities the power to determine in the first instance 
 what laws should be enacted affecting their interests, 
 but the Constitution reserves to the State the final 
 sovereignty by conferring upon the Legislature the 
 power to pass a "city bill" the second time, notwith- 
 standing its rejection by the city ; and also by con- 
 ferring upon the Governor the same power to act 
 upon such a bill so passed the second time, as if it 
 had been accepted by the city in the first instance, 
 but the Constitution does not give the Governor any 
 power to make law that which the authorities of the 
 city say shall not be law, excepting in the single in- 
 stance of the second passage of the bill by the Legis- 
 lature ; and a "city bill" upon its first passage is not 
 yet subject to the jurisdiction of the Governor. It 
 is still in an initiatory condition. During the session 
 of the Legislature such a bill may pass from an 
 initiatory to a completed condition, but the conten- 
 tion that a bill rejected by a city after the adjourn- 
 ment of the Legislature is nevertheless subject to the 
 action of the Governor, implies that the Governor has 
 more power in the making of laws after an adjourn- 
 ment of the Legislature than while it is in session, 
 and that the Governor in case of such a bill after 
 adjournment has as much power as the Legisla- 
 ture while in session, which would not perhaps be 
 seriously urged. 
 
 The Constitutional provision regarding submission 
 of bills to cities should be construed so as to have 
 
MEMORANDUM ON MANHA TTAN STA TE HOSPITAL \ 43 
 
 some force and effect, and the evident design of 
 giving to a city some power to determine the char- 
 acter of legislation affecting it would be of no effect, 
 and the action of a city upon a bill affecting the in- 
 terests would amount merely to an expression of 
 opinion, if the Governor has power to make a bill a 
 law which the city has declined to accept; therefore 
 the submission of such a bill to a city would be a 
 mere idle ceremony. 
 
 I think a study of the development of the subject 
 of "home rule" for cities in the Constitutional Con- 
 vention of 1894 shows very clearly that it was the 
 intention of that body to give to cities more than 
 the mere right to express an opinion upon a pending 
 measure, and to confer upon them a considerable 
 degree of local government. The first proposition 
 submitted to the Convention, on the 27th of July, 
 entitled " To provide home rule for cities" contained 
 elaborate provisions regulating the internal affairs 
 of cities, and it was therein provided that " except 
 as permitted by section 4, the Legislature shall not 
 pass any law relating to cities, except a general 
 . law or a general city law, as to any of the following 
 subjects" — enumerating various classes of subjects 
 concerning city affairs. By section 4 referred to, it 
 was provided that " laws may be passed affecting 
 one or more of the subjects enumerated in the last 
 preceding section, in any city, on the consent of the 
 Mayor, or the Mayor and Common Council, given 
 
144 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 as hereinafter provided," and after providing a special 
 enacting clause for such bills the section further pro- 
 vides that "after any bill with such an enacting 
 clause has been presented to the Governor, and be- 
 fore he shall act thereon, there shall be twenty days 
 in which, as to any city of five hundred thousand in- 
 habitants or over, according to the then last State 
 enumeration, the Mayor of the city named in the 
 title of the bill may consent thereto; and in which, 
 as to any other city, the Mayor and Common Coun- 
 cil thereof may consent thereto, but no consent shall 
 be given until after five days' notice by publication 
 in the newspapers designated to publish city notices, 
 stating the title of the bill in full, and that the city 
 officers here designated for such city are considering 
 the question of consenting thereto. After such con- 
 sent is given and presented to the Governor he shall 
 have the same power as to such bill and the same 
 time to act thereon as to other bills." There is no 
 suggestion that the Governor has any power to act 
 upon such a bill except upon the consent of the city, 
 and ho power is given to the Legislature to overrule 
 the action of a city in declining to accept such a bill. 
 This " home rule" proposition was debated at great 
 length, and was several times modified and reprinted 
 until it was finally agreed upon in the form in which 
 it appears in article XII of the Constitution; but 
 throughout all the modifications of the article the 
 design is clearly preserved to confer upon a city a 
 
MEMORANDUM ON MANHATTAN STATE HOSPITAL 1 45 
 
 large measure of control over legislation affecting it, 
 subject only to be overruled by the action of the 
 Legislature itself, which provision was added in the 
 course of the discussion of the proposition in the 
 Convention. 
 
 It does not appear that the Mayor of New York 
 took any action upon this bill. If the jurisdiction 
 of the Governor depends upon the previous action 
 of the city to be certified in the manner prescribed 
 by the Constitution, and no such certificate accom- 
 panies the bill returned by the Mayor, the Governor 
 acquires no more jurisdiction than he would acquire 
 if the bill had not been returned by the Mayor at 
 all, and it probably will not be urged that the Gov- 
 ernor has jurisdiction of a bill which is not returned 
 by the Mayor. 
 
 I have been strongly urged to approve this bill, but 
 I cannot do so without over-riding what seems to me 
 to be a plain constitutional limitation, and I am un- 
 willing to approve a measure of which I have no con- 
 stitutional jurisdiction and which by such attempted 
 approval could not become a law, even though the 
 measure be one of great public interest. 
 
 I deeply regret the condition produced by the fail- 
 ure of the Mayor to approve this bill, but I cannot 
 in a conscientious performance of my constitutional 
 duty, add, to the unfortunate result of the Mayor's 
 want of action, a plain violation of the Constitution. 
 
 LEVI P. MORTON 
 10 
 
146 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 VETOES OF ASSEMBLY BILL No. 695 TO 
 AMEND THE SCHOOL LAW 
 
 ASSEMBLY BILL No. 1C90 TO DEFINE AND 
 ESTABLISH THE STATE FLAG 
 
 ASSEMBLY BILL No. 1414 TO AMEND THE 
 COUNTY LAW 
 
 ASSEMBLY BILL No. 1433 TO ESTABLISH 
 A NORMAL SCHOOL AT MILLERTON 
 
 ASSEMBLY BILL No. 1615 TO INTRODUCE 
 THE "GOLD CURE" IN STATE PRISONS 
 
 ASSEMBLY BILL No. 1788 TO REGULATE 
 THE PRACTICE OF HORSE-SHOEING 
 
 ASSEMBLY BILL No. 1693 TO AMEND THE 
 VILLAGE LAW 
 
 ASSEMBLY BILL No. 1694 RELATING TO 
 ELECTRIC LIGHTS IN VILLAGES 
 
 ASSEMBLY BILL No. 1726 TO PROVIDE 
 FOR LIENS BY STONECUTTERS AND 
 QUARRYMEN 
 
 ASSEMBLY BILL No. 1777 AS TO SUB- 
 DIVIDED LAWS 
 
 ASSEMBLY BILL No. 1782 TO AMEND 
 CHAPTER ELEVEN OF THE GENERAL 
 LAWS 
 
VE TOES— SUNDR V BILLS \ 4 7 
 
 assembly' bill No. 1898 AS TO POWERS 
 OF THE JUSTICE OF THE PEACE OF 
 OWASCO 
 
 ASSEMBLY BILL No. 1941 TO CREATE 
 THE METROPOLITAN POST-GRADUATE 
 SCHOOL OF MEDICINE 
 
 ASSEMBLY BILL No. 1977 TO GIVE THE 
 BOARD OF CLAIMS JURISDICTION IN 
 THE CLAIM OF JAMES M. RUSO 
 
 ASSEMBLY BILL No. 2057 TO AMEND THE 
 GAME LAW AS TO BLACK AND OSWEGO 
 BASS 
 
 ASSEMBLY BILL No. 2101 TO AMEND THE 
 PENAL CODE AS TO MECHANICAL EM- 
 PLOYMENTS ON SUNDAYS 
 
 ASSEMBLY BILL No. 2264 RELATING TO 
 BEQUESTS TO RELIGIOUS OR CHARI- 
 TABLE ASSOCIATIONS 
 
 ASSEMBLY BILL No. 2342 TO AMEND THE 
 CIVIL CODE AS TO LIS PENDENS 
 
 ASSEMBLY BILL No. 2383 TO AMEND THE 
 COUNTY LAW AS TO COPIES 
 
 ASSEMBLY BILL No. 2494 TO REGULATE 
 THE PRACTICE OF ARCHITECTURE 
 
148 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 ASSEMBLY BILL No. 2496 TO FLX THE 
 SALARIES OF THE COUNTY JUDGE 
 AND THE SURROGATE OF ALBANY 
 COUNTY 
 
 ASSEMBLY BILL No. 2539 TO AMEND THE 
 COUNTY LAW AS TO HIGHWAYS 
 
 ASSEMBLY BILL No. 2564 FOR THE PRO- 
 TECTION OF MECHANICS AND OTHERS 
 
 ASSEMBLY BILL No. 2567 RELATING TO 
 RURAL CEMETERY ASSOCIATIONS 
 
 ASSEMBLY BILL No. 2571 TO AMEND THE 
 CODE OF CIVIL PROCEDURE AS TO EN- 
 TRY OF JUDGMENT 
 
 ASSEMBLY BILL No 2601, TO PROHIBIT 
 USE OF SAME NAME BY CORPORA- 
 TIONS 
 
 ASSEMBLY BILL No. 2614 FOR A COMPANY 
 ARMORY AT SING SING 
 
 ASSEMBLY BILL No. 2619 TO AMEND THE 
 COUNTY LAW AS TO HIGHWAYS 
 
 ASSEMBLY BILL No. 2621 TO AMEND THE 
 INSURANCE LAW 
 
 ASSEMBLY BILL No. 2637 TO AMEND THE 
 CODE OF CIVIL PROCEDURE AS TO 
 COSTS IN SURROGATES' COURTS 
 
VETOES— SUNDRY BILLS 
 
 149 
 
 ASSEMBLY BILL No. 2737 TO AMEND THE 
 STOCK CORPORATION LAW 
 
 ASSEMBLY BILL No. 2741 TO AMEND THE 
 CODE OF CIVIL PROCEDURE AS TO 
 EXCEPTIONS 
 
 ASSEMBLY BILL No. 2742, RELATING TO 
 THE COUNTY CLERK OF COLUMBIA 
 COUNTY 
 
 ASSEMBLY BILL No. 2743 RELATING TO 
 THE SOLDIERS AND SAILORS' HOME 
 
 ASSEMBLY BILL No. 2767 TO AMEND THE 
 SCHOOL LAW 
 
 ASSEMBLY BILL No. 2779 TO FIX THE 
 PLACE WHERE PROPERTY SHALL BE 
 ASSESSED 
 
 ASSEMBLY BILL No. 113 TO PROVIDE 
 FOR A STATE ARMORY AT HUDSON 
 
 ASSEMBLY BILL No. 521 RELATING TO 
 LEWIS AVENUE, BROOKLYN 
 
 ASSEMBLY BILL No. 1259 TO AMEND THE 
 BROOKLYN CHARTER AS TO CITY 
 CLERK 
 
 ASSEMBLY BILL No. 1927 TO DIVIDE THE 
 BROOKLYN CITY WORKS DEPART- 
 MENT INTO THREE DEPARTMENTS 
 
150 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 ASSEMBLY BILL No. 2324 TO AMEND THE 
 BUFFALO CHARTER 
 
 ASSEMBLY BILL No. 2694 TO INTRODUCE 
 THE DAVIS VOTING MACHINE 
 
 ASSEMBLY BILL No. 2760 TO REGULATE 
 TRAVEL ON ELEVATED RAILROADS 
 
 SENATE BILL No. 183 TO REGULATE THE 
 HOURS OF LABOR ON STREET RAIL- 
 ROADS 
 
 SENATE BILL No. 349 TO AMEND THE 
 PUBLIC HEALTH LAW 
 
 SENATE BILL No. 549 FOR THE ACQUISI- 
 TION OF CERTAIN LANDS IN NEW 
 YORK CITY FOR THE PUBLIC USE 
 
 SENATE BILL No. 552 TO AMEND THE 
 STOCK CORPORATION LAW 
 
 SENATE BILL No. 770 TO PROVIDE A 
 STATE NAUTICAL SCHOOL IN NEW 
 YORK CITY 
 
 SENATE BILL No. 875 FOR A NORMAL 
 SCHOOL AT JAMAICA 
 
 SENATE BILL No. 1095 TO AMEND THE 
 CODE OF CIVIL PROCEDURE AS TO LIS 
 PENDENS 
 
 SENATE BILL No. 1127 IN RELATION TO 
 THE EQUALIZATION OF TAXES 
 
VE TOES— SUNDR Y BILLS I 5 I 
 
 SENATE BILL No. 1141 TO GIVE THE 
 BOARD OF CLAIMS JURISDICTION IN 
 THE CLAIM OF THE SILVERSMITHS' 
 COMPANY 
 
 SENATE BILL No. 1159 RELATING TO WA- 
 TER RATES IN VILLAGES 
 
 SENATE BILL No. 1165 TO AMEND THE 
 COUNTY LAW AS TO HIGHWAYS 
 
 SENATE BILL No. 1174 TO RE-IMBURSE 
 CERTAIN SUPREME COURT JUSTICES 
 
 SENATE BILL -No. 1262 TO AMEND THE 
 CHARTER OF COLLEGE POINT 
 
 SENATE BILL No. 1270 TO PROVIDE FOR 
 MILITARY INSTRUCTION IN THE PUB- 
 LIC SCHOOLS 
 
 SENATE BILL No. 1406 FOR A NEW CA- 
 NAL BRIDGE IN ROME 
 
 SENATE BILL No. 1168 TO ALTER THE 
 STREET MAP OF TOWNS IN KINGS 
 COUNTY 
 
 SENATE BILL No. 1322 TO AMEND THE 
 CHARTER OF THE CITY OF NEW 
 YORK 
 
152 public papers of governor morton 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, June 15, 1895 
 
 The following bills remaining in my hands and 
 previously undisposed of are not approved because 
 of defective drafting, questionable propriety or 
 objectionable provisions: 
 
 Assembly bill number 695 entitled "An act to amend 
 the consolidated school law in relation to the appor- 
 tionment of the public moneys and the examination 
 of teachers in special branches;" 
 
 Assembly bill number 1090 entitled "An act to 
 amend chapter one hundred and ninety of the Laws 
 of eighteen hundred and eighty-two, entitled 'An 
 act to re-establish the original arms of the State of 
 New York and to provide for the use thereof on the 
 public seals, and to define and establish the State 
 flag;'" 
 
 Assembly bill number 1414 entitled "An act to 
 amend the county law relating to the collection of 
 taxes for fire purchases in fire districts;" 
 
 Assembly bill number 1433 entitled "An act to 
 establish a normal and training school at the village 
 of Millerton in the county of Dutchess and to make 
 an appropriation therefor;" 
 
 Assembly bill number 161 5 entitled "An act 
 authorizing the double-chloride of gold treatment in 
 the State prisons of the State;" 
 
VE TOES — SUNDR Y BILLS I 5 3 
 
 Assembly bill number 1788 entitled "An act to 
 regulate the practice of horse-shoeing in the cities 
 of the State of New York having a population of 
 five hundred thousand inhabitants or more;" 
 
 Assembly bill number 1693 entitled "An act to 
 amend chapter two hundred and ninety-one of the 
 laws of eighteen hundred and seventy, entitled 'An 
 act for the incorporation of villages,' relating to the 
 assessment of damages for opening and altering 
 streets; " 
 
 Assembly bill number 1694 entitled "An act to 
 amend chapter four hundred and fifty-two of the laws 
 of eighteen hundred and eighty-eight, as amended 
 by chapter four hundred and seventy-three of the 
 laws of eighteen hundred and ninety-three, entitled 
 'An act to authorize and empower the board of trus- 
 tees of incorporated villages in this State to contract 
 with the electric light companies organized under 
 the laws of this State, for lighting the streets and 
 public grounds of said villages;" 
 
 Assembly bill number 1726 entitled "An act 
 allowing stonecutters, paving cutters, block-breakers 
 and quarrymen to file notice of lien for work, labor 
 and services rendered in excavating, cutting and 
 dressing sandstone ; " 
 
 Assembly bill number 1777 entitled "An act to 
 enable owners of lands which have been subdivided 
 by map into lots or plots to disclaim and abandon 
 the subdivision thereof;" 
 
154 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Assembly bill number 1782 entitled "An act to 
 amend section sixty-three of chapter three hundred 
 and seventeen of the laws of eighteen hundred and 
 ninety-four, entitled ' An act in relation to the public 
 lands, constituting chapter eleven of the general 
 laws, relating to effect of deed on rights of others ; ' " 
 
 Assembly bill number 1898 entitled "An act to 
 authorize any justice of the peace of the town of 
 Ovvasco, Cayuga county, to appoint special officers ; " 
 
 Assembly bill number 1941 entitled " An act to 
 create the Metropolitan Post-Graduate School of 
 Medicine ; " 
 
 Assembly bill number 1977 entitled "An act con- 
 ferring jurisdiction on the Board of Claims to hear 
 and determine the claim of James M. Ruso against 
 the State and to make an award therefor ; " 
 
 Assembly bill number 2057 entitled "An act to 
 amend the game law relating to black and Oswego 
 bass not to be fished for in certain waters ;" 
 
 Assembly bill number 2101 entitled "An act to 
 amend the Penal Code relating to trades, manu- 
 factures and mechanical employments on Sundays ; " 
 
 Assembly bill number 2264 entitled ''An act to 
 amend chapter three hundred and sixty of the laws 
 of eighteen hundred and sixty, entitled ' An act re- 
 lating to wills, by providing that certain devises or 
 bequests to charitable or religious societies or cor- 
 porations shall be void if made within two months 
 of the death of the testator ;' " 
 
VETOES— SUNDR V BILLS 
 
 155 
 
 Assembly bill number 2342 entitled " An act to 
 amend section sixteen hundred and seventy-four of 
 the Code of Civil Procedure of the State of New- 
 York relating to notices of pendency of action and 
 cancellation of same ; " 
 
 Assembly bill number 2383 entitled " An act to 
 amend chapter six hundred and eighty-six of the 
 laws of eighteen hundred and ninety-two, entitled 
 ' An act in relation to copies, constituting chapter 
 eighteen of the general laws ; ' " 
 
 Assembly bill number 2494 entitled "An act to 
 regulate the practice of architecture ; " 
 
 Assembly bill number 2496 entitled "An act to 
 fix and establish the annual salaries of the county 
 judge and the surrogate of Albany county, repealing 
 section two hundred and twenty-two of chapter six 
 hundred and eighty-six of the laws of eighteen hun- 
 dred and ninety-two so far as it relates to Albany 
 county ; " 
 
 Assembly bill number 2539 entitled " An act to 
 amend chapter five hundred and sixty-eight of the 
 laws of eighteen hundred and ninety, as amended 
 by chapter two hundred and twelve of the laws of 
 eighteen hundred and ninety-one and chapter six 
 hundred and eighty-six of the laws of eighteen hun- 
 dred and ninety-two, entitled 'An act in relation to 
 highways, constituting chapter nineteen of the gene- 
 ral laws; ' " 
 
156 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Assembly bill number 2564 entitled "An act for 
 the protection of mechanics and others; " 
 
 Assembly bill number 2567 entitled " An act to 
 amend section ten of chapter one hundred and 
 thirty-three of the laws of eighteen hundred and 
 forty-seven, entitled ' An act authorizing the incor- 
 poration of rural cemetery associations, as amended 
 by chapter thirty-one of the laws of eighteen hun- 
 dred and seventy-seven;' " 
 
 Assembly bill number 2571 entitled "An act to 
 amend section twelve hundred and thirty-six of the 
 Code of Civil Procedure relating to the entry of 
 judgment;" 
 
 Assembly bill number 2601 entitled "An act to 
 amend the General Corporation Law, relating to 
 prohibition of use of same name by corporations;" 
 
 Assembly bill number 2614 entitled "An act to 
 provide for the erection and furnishing of an armory 
 for the use of a company of the National Guard in 
 the village of Sing Sing;" 
 
 Assembly bill number 2619 entitled "An act to 
 amend article four of chapter five hundred and sixty- 
 eight of the laws of eighteen hundred and ninety 
 entitled 'An act in relation to highways,' constituting 
 chapter nineteen of the General Laws, relating to 
 altering, discontinuing or laying out a highway; ' " 
 
 Assembly bill number 2621 entitled "An act to 
 amend the Insurance Law;" 
 
VE TOES — SUNDR Y BILLS \ 5 7 
 
 Assembly bill number 2637 entitled "An act to 
 amend section two thousand five hundred and sixty- 
 one of the Code of Civil Procedure relating to costs 
 in Surrogate's Court;" 
 
 Assembly bill number 2737 entitled "An act to 
 amend the Stock Corporation Law;" 
 
 Assembly bill number 2741 entitled "An act to 
 further amend the Code of Civil Procedure relative 
 to exceptions;" 
 
 Assembly bill number 2742 entitled "An act to 
 repeal chapter three hundred and twenty-eight of the 
 laws of eighteen hundred and ninety-one, entitled 
 'An act in relation to the keeping open the office of 
 the clerk of the county of Columbia;' " 
 
 Assembly bill number 2743 entitled "An act ex- 
 empting the State Soldiers and Sailors' Home from 
 the provisions of chapter four hundred and one of 
 the laws of eighteen hundred and ninety-two and 
 all acts amendatory thereof and supplemental 
 thereto; " 
 
 Assembly bill number 2767 entitled "An act to 
 amend the Consolidated School Law in relation to 
 the creation of school commissioners districts;" 
 
 Assembly bill number 2779 entitled "An act to 
 amend sections one, two and three of chapter three 
 hundred and forty-two of 1;he laws of eighteen hun- 
 dred and eighty-three, as ciraended by chapter fifty- 
 nine of the laws of eighteen hundred and eighty-six, 
 
158 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 entitled 'An act to fix the place in which certain 
 property shall be assessed, and granting relief in 
 cases of assessment in two places;' " 
 
 Assembly bill number 113 entitled "An act to 
 provide for the erection of a State armory in the city 
 of Hudson, Columbia county, the acquisition of a 
 site therefor, and to make an appropriation for build- 
 ing said armory ; " 
 
 Assembly bill number 521 entitled "An act to 
 amend chapter five hundred and ninety-seven of the 
 laws of eighteen hundred and ninety-four, entitled 
 'An act in relation to Lewis avenue in the city of 
 Brooklyn;' " 
 
 Assembly bill number 1259 entitled "An act to 
 amend section six of title two of chapter five hun- 
 dred and eighty-three of the laws of eighteen hun- 
 dred and eighty-eight entitled 'An act to revise and 
 combine in a single act all existing special and local 
 laws affecting public interests in the city of Brook- 
 lyn,' relating to the appointment of the city clerk;" 
 
 Assembly bill number 1927 entitled "An act to 
 divide the department of city works of the city of 
 Brooklyn into three departments and to define the 
 powers of the several departments and of the several 
 commissioners thereof;" 
 
 Assembly bill number 2324 entitled "An act to 
 amend chapter one hundred and five of the laws of 
 eighteen hundred and 'ninety-one entitled 'An act to 
 revise the charter of the city of Buffalo;' " 
 
VE TOES — SUNDR V BILLS I 5 9 
 
 Assembly bill number 2694 entitled "An act to 
 enable the towns and cities of this State to use the 
 Davis voting machine at all elections therein;" 
 
 Assembly bill number 2760 entitled "An act to 
 regulate public travel upon elevated railroads in 
 cities of over one million inhabitants;" 
 
 Senate bill number 183 entitled "An act to 
 amend chapter five hundred aud twenty-nine of the 
 laws of eighteen hundred and eighty-seven entitled 
 'An act to regulate the hours of labor in the street 
 surface and elevated railroads chartered by the State 
 in cities of one hundred thousand inhabitants and 
 over; 
 
 Senate bill number 349 entitled ''An act to amend 
 section two hundred and seven of article twelve of 
 chapter six hundred and sixty-one of the laws of 
 eighteen hundred and ninety-three entitled 'An act 
 in relation to the public health, constituting chapter 
 twenty-five of the General Laws;' " 
 
 Senate bill number 549 entitled "An act to pro- 
 vide for the acquisition of lands for public use be- 
 tween Tenth or Amsterdam avenue and Eleventh 
 avenue and other, streets in the city of New York, 
 adjoining and in addition to the land authorized to 
 be acquired by chapter two hundred and forty-nine 
 of the laws of eighteen hundred and ninety, chap- 
 ter one hundred and two of the laws of eighteen 
 hundred and ninety-three and chapter seven hundred 
 
l6o PUBLIC PAPERS OF GOVERNOR MORTON 
 
 and forty-nine of the laws of eighteen hundred and 
 ninety-four;" 
 
 Senate bill number 552 entitled "An act to amend 
 the Stock Corporation Law (chapter thirty-eight of 
 General Laws) ; " 
 
 Senate bill number 770 entitled "An act to pro- 
 vide and maintain a nautical school for the State of 
 New York and to merge therein the present nautical 
 school maintained by the board of education of the 
 city of New York;" 
 
 Senate bill number 875 entitled "An act making 
 an appropriation for the erection of a normal school 
 in the village of Jamaica;" 
 
 Senate bill number 1095 entitled " An act to 
 amend section sixteen hundred and seventy-four of 
 the Code of Civil Procedure of the State of New 
 York, relating to notices of pendency of action and 
 cancellation of same;" 
 
 Senate bill number 1127 entitled "An act in rela- 
 tion to the equalization of taxes;" 
 
 Senate bill number 1141 entitled " An act con- 
 ferring jurisdiction upon the Board of Claims to 
 hear, audit and determine the claim of the Silver- 
 smiths' Company against the State of New York;" 
 
 Senate bill number 11 59 entitled "An act to 
 amend chapter five hundred and seven of the laws 
 of eighteen hundred and eighty-nine, entitled 'An 
 act to authorize villages of the State of New York 
 to establish water rates and collect the same;'" 
 
VE TO — SfJNDR Y BILLS 1 6 1 
 
 Senate bill number 1165 entitled "An act to 
 amend article one of chapter five hundred and sixty- 
 eight of the laws of eighteen hundred and ninety 
 entitled ' An act in relation to highways, constituting 
 chapter nineteen of the general laws ;' " 
 
 Senate bill number 11 74 entitled "An act to pro- 
 vide for the reimbursement of the expenses and dis- 
 bursements paid and incurred by the several justices 
 of the Supreme Court who are designated as justices 
 of the appellate division of that court;" 
 
 Senate bill number 1262 entitled "An act to 
 amend the charter of the village of College Point, 
 being chapter two hundred and fifty-nine of the laws 
 of eighteen hundred and sixty-seven entitled 'An 
 act to incorporate the village of College Point, 
 Queens county,' and the acts amendatory thereof;" 
 
 Senate bill number 1270 entitled "An act to pro- 
 vide and encourage military instruction in the public 
 schools ;" 
 
 Senate bill number 1406 entitled " An act au- 
 thorizing the construction of a new iron bridge with 
 double driveways and sidewalks over the Erie canal 
 at George street in the city of Rome; " 
 
 Senate bill number 1168 entitled "An act to alter 
 the map of the commissioners appointed to lay out 
 a plan for roads and streets in the towns of Kings 
 county;" 
 
 Senate bill number 1322 entitled "An act to 
 
 amend chapter four hundred and ten of the laws of 
 II 
 
1 62 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 eighteen hundred and eighty-two entitled ' An act to 
 
 consoHdate into one act and to declare the special 
 
 and local laws affecting public interests in the city 
 
 of New York." 
 
 LEVI P. MORTON 
 
 VETO OF ASSEMBLY BILL No. 517 TO 
 AMEND THE SYRACUSE CHARTER 
 AND 
 ASSEMBLY BILL No. 2418 FOR THE RE- 
 LIEF OF THE JEWISH THEOLOGICAL 
 SEMINARY 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, June 15, 1895 
 The following bills were not acted upon by the 
 cities which they affect, as is required by the Consti- 
 tution, and therefore are not approved : 
 
 Assembly bill number 517 entitled ''An act to 
 further amend chapter twenty-six of the laws of 
 eighteen hundred and eighty-five entitled ' An act to 
 revise, amend and consolidate the several acts in re- 
 lation to the city of Syracuse and to revise and 
 amend the charter of said city; ' " 
 
 Assembly bill number 2418 entitled "An act for 
 the relief of the Jewish Theological Seminary Asso- 
 ciation of the city of New York." 
 
 LEVI P. MORTON 
 
VE TO- SUNDRY BILLS \ 6 3 
 
 VETO OF ASSEMBLY BILL No. 2062 TO 
 AMEND THE MOUNT VERNON CHAR- 
 TER 
 
 ASSEMBLY BILL No. 2485 TO AUTHORIZE 
 THE CONSTRUCTION OF BICYCLE 
 PATHS IN NIAGARA COUNTY 
 
 ASSEMBLY BILL No. 2561 FOR WATER 
 POWER EXPERIMENTS IN BUFFALO 
 
 SENATE BILL No. 901 TO AMEND THE 
 MOUNT VERNON CHARTER 
 
 SENATE BILL No. 1399 FOR THE IM- 
 PROVEMENT OF CERTAIN STREETS IN 
 TROY 
 
 State of New York , 
 Executive Chamber 
 
 Albany, June 15, 1895 
 
 The following bills were not returned by the 
 mayors of the cities which they affect, within the 
 fifteen days specified by the Constitution, and are 
 therefore not approved : 
 
 Assembly bill number 2062 entitled " An act to 
 amend chapter one hundred and eighty-two of the 
 laws of eighteen hundred and ninety-two entitled 
 ' An act to incorporate the city of Mount Vernon ;' " 
 
 Assembly bill number 2485 entitled " An act to 
 authorize the supervisors of Niagara county to ap- S 
 
164 PUBUC PAPERS OF GOVERNOR MORTON 
 
 point side-path commissioners and to expend the 
 funds raised by the taxation of 'cycles in the con- 
 struction of side paths for 'cycles ; " 
 
 Assembly bill number 2561 entitled "An act to 
 permit experiments for developing the power of 
 Niagara river at the city of Buffalo, upon plans to 
 be approved by the State Engineer and Surveyor, 
 known as the Mather plans;" 
 
 Senate bill number 901 entitled " An act to 
 amend section two hundred and thirteen, title nine, 
 chapter one hundred and eighty-two of the laws of 
 eighteen hundred and ninety-two, entitled 'An act to 
 incorporate the city of Mount Vernon; ' " 
 
 Senate bill number 1399 entitled " An act relative 
 to the improvement of certain streets in the city of 
 Troy and making provision for the payment of the 
 expense thereof." 
 
 LEVI P. MORTON 
 
VETO — SUNDR Y BILLS 1 65 
 
 VETO OF ASSEMBLY BILL No. 723 TO RE- 
 VISE THE CHARTER OF LONG ISLAND 
 CITY 
 
 ASSEMBLY BILL No. 905 TO AMEND THE 
 CHARTER OF THE CITY OF TROY 
 
 ASSEMBLY BILL No. 1351 TO AMEND THE 
 CHARTER OF THE CITY OF NEW YORK 
 
 ASSEMBLY BILL No. 1603 FOR THE RE- 
 LIEF OF MARY T. BATES 
 
 ASSEMBLY BILL No. 1735 TO AMEND THE 
 CHARTER OF THE CITY OF BROOKLYN 
 
 ASSEMBLY BILL No. 1758 MAKING AN 
 APPROPRIATION FOR FREE PUBLIC 
 EMPLOYMENT BUREAUS 
 
 ASSEMBLY BILL No. 1779 TO AMEND THE 
 CHARTER OF THE CITY OF BROOKLYN 
 
 ASSEMBLY BILL No. 1816 RELATING TO 
 JUSTICES' COURTS IN THE CITY OF 
 ALBANY 
 
 ASSEMBLY BILL No. 1929 RELATING TO 
 ' THE REGISTRATION OF PLUMBERS 
 
 ASSEMBLY BILL No. 2077 TO AMEND THE 
 CHARTER OF THE CITY OF NEW YORK, 
 AS TO POWERS OF THE COMMON 
 COUNCIL 
 
1 66 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 ASSEMBLY BILL No. 2301 TO AMEND THE 
 CHARTER OF THE CITY OF NEW YORK 
 AS TO STREET CLEANING 
 
 ASSEMBLY BILL No. 2444 TO AMEND THE 
 CHARTER OF THE CITY OF SYRACUSE 
 
 ASSEMBLY BILL No. 2445 TO AMEND THE 
 LAW PROVIDING FOR A DRAWBRIDGE 
 OVER THE HARLEM RIVER 
 
 ASSEMBLY BILL No. 2446 TO AMEND THE 
 CHARTER OF THE CITY OF NEW YORK 
 
 ASSEMBLY BILL No. 2514 RELATING TO 
 CERTAIN ASSESSMENTS IN THE CITY 
 OF ALBANY 
 
 ASSEMBLY BILL No. 2515 TO AMEND THE 
 POLICE PENSION FUND LAW OF 
 ALBANY 
 
 ASSEMBLY BILL No. 2534 TO AMEND THE 
 CHARTER OF THE CITY OF NEW YORK 
 AS TO THE POLICE DEPARTMENT 
 
 ASSEMBLY BILL No. 2744 RELATING TO 
 THE PAY OF POLICE SURGEONS 
 
 ASSEMBLY BILL No. 2752 TO PROVIDE 
 FOR A PUBLIC PARK IN THE THIRTY- 
 FIRST WARD, BROOKLYN 
 
VETO— SUNDR Y BILLS I 67 
 
 ASSEMBLY BILL No. 2791 TO AMEND THE 
 CHARTER OF THE CITY OF NEW YORK 
 AS TO BUILDING PLANS 
 
 SENATE BILL No. 644 TO AMEND THE 
 CHARTER OF THE CITY OF BUFFALO 
 
 SENATE BILL No. 655 TO AMEND THE 
 CHARTER OF THE CITY OF BROOKLYN 
 AS TO POLICE AND EXCISE 
 
 SENATE BILL No. 671 TO AMEND THE 
 CHARTER OF THE CITY OF POUGH- 
 KEEPSIE 
 
 SENATE BILL No. 876 RELATING TO A 
 BRIDGE OVER THE MOTT HAVEN 
 CANAL IN THE CITY OF NEW YORK 
 
 SENATE BILL No. 892 TO PROVIDE FOR 
 AN ADDITIONAL PARK IN THE CITY OF 
 TROY 
 
 SENATE BILL No. 1084 TO AMEND THE 
 CHARTER OF THE CITY OF SYRACUSE 
 
 SENATE BILL No. 1181 TO AMEND THE 
 CHARTER OF THE CITY OF NIAGARA 
 FALLS 
 
 SENATE BILL No. 1 185 TO PROVIDE FOR 
 STREET IMPROVEMENTS IN LONG 
 ISLAND CITY 
 
1 68 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 SENATE BILL No. 1186 TO AMEND THE 
 CODE OF CRIMINAL PROCEDURE 
 
 SENATE BILL No. 1298 TO AMEND THE 
 CHARTER OF THE CITY OF POUGH- 
 KEEPSIE 
 
 SENATE BILL No. 1367 TO AMEND THE 
 CHARTER OF THE CITY OF NEW 
 YORK 
 
 SENATE BILL No. 1387 TO AMEND THE 
 LAW ANNEXING THE TOWN OF FLAT- 
 LANDS TO BROOKLYN 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, June 15, I895 
 
 The following bills were not accepted by the cities 
 which they affect, and therefore are not approved : 
 
 Assembly bill number 723 entitled "An act to 
 amend chapter four hundred and sixty-one of the 
 laws of eighteen hundred and seventy-one, entitled 
 'An act to revise the charter of Long Island City;' " 
 
 Assembly bill number 905, entitled "An act to 
 amend chapter six hundred and seventy of the laws 
 of eighteen hundred and ninety-two entitled 'An act 
 to amend chapter five hundred and ninety-eight of 
 the laws of eighteen hundred and seventy entitled 
 'An act to amend an act to incorporate the city of 
 
VETO— S UNDR Y BILL S 1 69 
 
 Troy, passed April twelve, eighteen hundred and 
 sixteen,' and the several, acts amendatory thereof, 
 and also to amend other acts relating to the city of 
 Troy, and the acts amendatory of said chapter five 
 hundred and ninety-eight, and to consolidate into 
 one act several of the acts amending the charter of 
 and the other acts relating to the city of Troy and 
 its departments, and to the inferior local courts 
 therein;' " 
 
 Assembly bill number 1351 entitled "An act to 
 amend section six hundred and ninety of chapter 
 four hundred and ten of the laws of eighteen hun- 
 dred and eighty-two entitled 'An act to consolidate 
 into one act and to declare the special and local laws 
 affecting public interests in the city of New York,' 
 amended by chapter two hundred and sixty-two of 
 the laws of eighteen hundred and eighty-seven and 
 chapter three hundred and sixty-five of the laws of 
 eighteen hundred and ninety-two, relative to park 
 police and their appointments;" 
 
 Assembly bill number 1603 entitled "An act for 
 the relief of Mary T. Bates;" 
 
 Assembly bill number 1735 entitled "An act to 
 amend chapter five hundred and eighty-three of the 
 laws of eighteen hundred and eighty-eight entitled 
 'An act to revise and combine in a single act all ex- 
 isting special and local laws affecting public interests 
 in the city of Brooklyn,' relating to arrears;" 
 
I 70 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Assembly bill number 1758 entitled "An act to 
 authorize the formation and maintenance of free 
 public employment bureaus, and making appropria- 
 tions therefor;" 
 
 Assembly bill number 1779 entitled "An act to 
 amend chapter five hundred and eighty-three of the 
 laws of eighteen hundred and eighty-eight entitled 
 ''An act to revise and combine in a single act all ex- 
 isting special and local laws affecting public interests 
 in the city of Brooklyn, relating to the powers of the 
 Board of Audit;' " 
 
 Assembly bill number 18 16 entitled "An act to 
 amend chapter four hundred and thirty-eight of the 
 laws of eighteen hundred and eighty-one, entitled 
 'An act in relation to the justices' courts of the city 
 of Albany abolishing the fees thereof, establishing 
 the fees of attorneys therein, increasing the jurisdic- 
 tion thereof and having reference to the manner of 
 procedure therein;' " 
 
 Assembly bill number 1929 entitled "An act to 
 amend sections six, seven, eight, ten, eleven and thir- 
 teen of chapter six hundred and two of the laws 
 of eighteen hundred and ninety-two entitled 'An act 
 to secure the registration of plumbers and the super- 
 vision of plumbing and drainage in the cities of the 
 State of New York;' " 
 
 Assembly bill number 2077 entitled "An act to 
 amend chapter four hundred and ten of the laws of 
 eighteen hundred and eighty-two entitled 'An act to 
 
VE TO— SUNDR Y BILLS I J I 
 
 consolidate into one act and to declare the special 
 and local laws affecting public interests in the city 
 of New York,' relative to the powers and duties of 
 the Common Council;" 
 
 Assembly bill number 2301 entitled "An act to 
 amend section seven hundred and eight of chapter 
 four hundred and ten of the laws of eighteen hun- 
 dred and eighty-two entitled 'An act to consolidate 
 into one act and to declare the special and local laws 
 affecting public interests in the city of New York,' 
 so as to secure the more efficient cleaning of the 
 streets, avenues, public places, wharves, piers and 
 heads of slips in said city;" 
 
 Assembly bill number 2444 entitled "An act to 
 further amend chapter twenty-six of the laws of 
 eighteen hundred and eighty-five entitled 'An act to 
 revise, amend and consolidate the several acts in re- 
 lation to the city of Syracuse,' and to revise and 
 amend the charter of said city;" 
 
 Assembly bill number 2445 entitled "An act to 
 amend section five of chapter four hundred and thirteen 
 of the lawsof eighteen hundred and ninety-two entitled 
 'An act to provide for the construction of a draw- 
 bridge over the Harlem river in the city of New 
 York and for the removal of the present bridge at 
 Third avenue in said city,' as amended by chapter 
 five hundred and forty of the laws of eighteen hun- 
 dred and ninety-four;" 
 
I 72 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Assembly bill number 2446 entitled "An act to 
 amend sections sixteen hundred and fifty-four and 
 sixteen hundred and sixty-seven of chapter four hun- 
 dred and ten of the laws of eighteen hundred and 
 eighty-two entitled 'An act to consolidate into one 
 act and to declare the special and local laws affecting 
 public interests in the city of New York;' " 
 
 Assembly bill number 2514 entitled "An act to 
 amend chapter six hundred of the laws of eighteen 
 hundred and ninety-three entitled 'An act to reduce, 
 confirm and levy certain assessments in the city of 
 Albany, to provide for the payment thereof, and in 
 relation to sales thereunder,' as amended by chapter 
 six hundred and twenty-nine of the laws of eighteen 
 hundred anS ninety-four;" 
 
 Assembly bill number 2515 entitled "An act to 
 amend chapter two hundred and ninety-nine of the 
 laws of eighteen hundred and ninety-five entitled 
 'An act to establish a police pension fund for the city 
 of Albany,' as amended by chapter four hundred and 
 forty-two of the laws of eighteen hundred and eighty- 
 six and chapter five hundred and twenty-one of the 
 laws of eighteen hundred and eighty-seven;" 
 
 Assembly bill number 2534 entitled "An act to 
 amend sections two hundred and fifty and two hun- 
 dred and seventy-two (relating to the police depart- 
 ment) of the New York city consolidation act of 
 eighteen hundred and eighty-two;" 
 
VE TO — SUNDR V BILLS \ 73 
 
 Assembly bill number 2744 entitled "An act to 
 amend chapter seven hundred and fifty-one of the 
 laws of eighteen hundred and ninety-four entitled 
 'An act to amend chapter five hundred and fifty- 
 five of the laws of eighteen hundred and eighty- 
 five entitled 'An act to regulate and fix the pay or 
 compensation of members of the police force who 
 are police surgeons or door-men in all cities of this 
 State having, according to the last census, a popula- 
 tion exceeding fifteen hundred thousand;' '" 
 
 Assembly bill number 2752 entitled "An act to 
 make provision for a public park in the thirty-first 
 ward of the city of Brooklyn, the acquisition of land 
 for such park and the payment of all expenses con- 
 nected therewith from moneys to be raised by bonds 
 for local improvements;" 
 
 Assembly bill number 2791 entitled " An act to 
 amend section five hundred and three of chapter 
 four hundred and ten of the laws of eighteen hun- 
 dred and eighty-two entitled ' An act to consolidate 
 into one act and to declare the special and local laws 
 affecting public interests in the city of New York,' 
 as since amended, and relating to the filing of 
 building plans with the department of buildings of 
 said city;" 
 
 Senate bill number 644 entitled "An act to amend 
 chapter one hundred and five of the laws of eighteen 
 hundred and ninety-one entitled ' An act to revise 
 the charter of the city of Buffalo;' " 
 
I 74 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Senate bill number 655 entitled "An act to amend 
 chapter five hundred and eighty-three of the laws of 
 eighteen hundred, and eighty-eight entitled ' An act 
 to revise and combine in a single act all existing 
 special' and local laws affecting public interests in 
 the city of Brooklyn,' relating to the department of 
 police and excise;" 
 
 Senate bill number 671 entitled " An act to amend 
 the charter of the city of Poughkeepsie;" 
 
 Senate bill number 876 entitled "An act to amend 
 chapter five hundred and forty four of the laws of 
 eighteen hundred and ninety-four entitled ' An act 
 to provide for the construction of a bridge over the 
 Mott Haven canal at One Hundred arid Thirty- 
 eighth street, in the city of New York;'" 
 
 Senate bill number 892 entitled " An act to amend 
 chapter two hundred and sixty-seven of the laws of 
 eighteen hundred and ninety-two entitled ' An act to 
 create a park commission and to provide for the 
 establishment and maintenance of one or more addi- 
 tional parks in the city of Troy;'" 
 
 Senate bill number 1084 entitled "An act to 
 amend chapter twenty-six of the laws of eighteen 
 hundred and eighty-five entitled ' An act to revise, 
 amend and consolidate the several acts in relation 
 to the city of Syracuse, and to revise and amend the 
 charter of said city;' " 
 
 Senate bill number 1181 entitled "An act to 
 amend chapter one hundred and forty-three of the 
 
VE TO — SUNDR Y BILLS I 7 5 
 
 laws of eighteen hundred and ninety-two entitled 
 'An act to incorporate the city of Niagara Falls;' " 
 
 Senate bill number 1185 entitled "An act to pro- 
 vide for certain improvements in the streets, ave- 
 nues, highways, boulevards and public places in 
 Long Island City, and for the payment for the 
 expenses thereof;" 
 
 Senate bill number 1 186 entitled " An act to 
 amend section sixty of chapter one of title six of the 
 Code of Criminal Procedure of the State of New 
 York;" 
 
 Senate bill number 1298 entitled "An act to 
 amend the charter of the city of Poughkeepsie ; " 
 
 Senate bill number T367 entitled "An act to 
 amend subdivision four of section eighty-six of chap- 
 ter four hundred and ten of the laws of eighteen 
 hundred and eighty-two entitled ' An act to consoli- 
 date into one act and to declare the special and local 
 laws affecting the public interests in the city of New 
 York;' " 
 
 Senate bill number 1383 entitled "An act to 
 amend chapter four hundred and fifty of the laws of 
 eighteen hundred and ninety-four entitled 'An act to 
 provide for the annexation to the city of Brooklyn 
 of the town of Flatlands in Kings county.' " 
 
 LEVI P. MORTON 
 
I 76 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 MATTER OF THE PUBLIC NUISANCES 
 IN CHEEKTOWAGA, ERIE COUNTY- 
 ORDERING THE STATE BOARD OF 
 HEALTH TO MAKE EXAMINATION 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, July 17, 1895 
 
 To THE State Board of Health: 
 
 Having been presented with a petition signed by 
 numerous residents of the city of Buffalo and town 
 of Cheektowaga, Erie county, stating that on William 
 street in said town of Cheektowaga there are numerous 
 establishments carrying on the business of rendering 
 dead animals and engaged in other transactions that 
 create a public nuisance and menace to the health 
 and comfort of the people residing in that vicinity 
 and the persons compelled to travel in or near said 
 street, and further stating that various citizens have 
 been made sick, and that life and health in that 
 locality have been affected in consequence of the 
 alleged grievances set forth in the petition; 
 
 I therefore require you, in accordance with the 
 provisions of section six of article one of the Public 
 Health Law, to make an examination into the alleged 
 nuisances and questions affecting the security of life 
 
MATTER OF CLINCHY, INSPECTOR OF GAS METERS I 77 
 
 and health in the locality aforesaid, and to report the 
 results thereof to me on or before the first day of 
 September, 1895. 
 
 [Privy Seal] LEVI P. MORTON 
 
 By the Governor 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 MATTER OF ANTHONY CLINCHY, IN- 
 SPECTOR OF GAS METERS— APPOINT- 
 MENT OF COMMISSIONER 
 
 In the matter of the charges against' Anthony Clinchy, 
 Inspector of Gas Meters — Appointment of Com- 
 missioner 
 
 Charges having been preferred against Anthony 
 Clinchy, the Inspector of Gas Meters, by the sub- 
 committee of the Senate of this State appointed to 
 investigate the department of Inspector of Gas Me- 
 ters, which charges were duly served upon the said 
 inspector who has appeared in this proceeding by his 
 counsel the Honorable William Sulzer and filed an 
 answer therein; 
 
 I do hereby appoint Severyn Bruyn Sharpe, es- 
 quire, of Kingston the commissioner to take the 
 testimony and the examination of witnesses as to the 
 
 truth of said charges and to report the same to me 
 12 
 
I 78 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 and also the material facts which he may deem to be 
 established by the evidence. 
 
 It is hereby further ordered that such examination 
 before such commissioner proceed with all convenient 
 speed, and I hereby direct the Attorney-General of 
 the State to conduct said inquiry and examination. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this twenty-fifth day of June 
 
 in the year oi our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 APPOINTMENT OF AN EXTRAORDINARY 
 COURT OF OYER AND TERMINER FOR 
 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 ex- 
 traordinary Court of Oyer and Terminer to be held at 
 
EXTRAORDINARY OYER AND TERMINER— ALBANY I 79 
 
 the court-house in the city of Albany and county of 
 Albany on Monday the second day of September 
 next 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 that may be brought before it ; 
 and I do hereby designate the Honorable William 
 RuMSEY, a justice of the Supreme Court, to hold 
 the said extraordinary Court of Oyer and Terminer. 
 And I direct the district attorney of the county of 
 Albany to issue a precept in accordance with the 
 statute in such case made and provided directed to the 
 sheriff of the said county of Albany, requiring him 
 to do and perform all that may be necessary on his 
 part in the premises. 
 
 And I do further direct that notice of such ap- 
 pointment be given by publication thereof once in 
 each week for three successive weeks in the Albany 
 Evening Journal, a newspaper published at Albany. 
 Given under my hand and the Privy Seal of 
 the State at the Capitol in the city of 
 [l s] Albany this second day of July in the 
 year of our Lord one thousand eight 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
l8o PUBLIC PAPERS OF GOVERNOR MORTON 
 
 APPOINTMENT OF AN EXTRAORDINARY 
 SPECIAL TERM OF THE SUPREME 
 COURT TO BE HELD IN NEW YORK 
 
 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 ex- 
 traordinary Special Term of the Supreme Court to 
 be held at the new court-house in the city and county 
 of New York on Tuesday the twenty-fourth day of 
 September next, at ten o'clock in the forenoon of 
 that day, and to continue so long as may be neces- 
 sary for the disposal of the business that may be 
 brought before it; and I do hereby designate the 
 Honorable Henry R. Beekman, one of the judges 
 of the Superior Court of the city of New York, to 
 hold said extraordinary Special Term of the 
 Supreme Court. 
 
 And I do further direct that notice of the appoint- 
 ment aforesaid be given by publication of this order 
 once on or before the twenty-third day of September, 
 1895, in the New York Law Journal and the New 
 
MATTER OF LATHROP, SUPT. OF PRISONS I Si 
 
 York Tribune, newpapers published within the city 
 of New York. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this seventeenth day of September 
 
 in the year of our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 MATTER OF AUSTIN LATHROP, SUPER- 
 INTENDENT OF STATE PRISONS— NO- 
 TICE AND SUMMONS 
 
 State of New York 
 
 Executive Chamber 
 
 In the matter of the charges preferred against A us tin 
 Lathrop, Superintendent of State Prisons — Notice 
 and summons 
 
 To Austin Lathrop, Superintendent of State Prisons: 
 You are hereby notified that charges of miscon- 
 duct and malfeasance in office have been preferred 
 against you by John M. Wever and Jehial B. White, 
 both of Plattsburg in this State, and a copy of said 
 charges is herewith served upon you. 
 
1 8 2 P UBLIC PA PER S OF GO VERNOR MOR TON 
 
 You are therefore required to show cause why 
 you should not be removed from the office of Super- 
 intendent of State Prisons, and to answer the said 
 charges within ten days after service of this order 
 and a copy of said charges upon you. 
 
 In witness whereof I have hereunto set my 
 hand and affixed the Privy Seal of the 
 State at the Capitol in the city of Albany 
 [l s] this twenty-sixth day of September in the 
 year of our Lord one thousand eight 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE BROWN AS 
 PRESIDING JUSTICE OF THE APPEL- 
 LATE DIVISION, SECOND DEPART- 
 MENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable Charles F. Brown of 
 the city of Newburg, a justice of the Supreme Court 
 of the Second Judicial District, is hereby designated 
 
DESIGNATION TO APPELLATE DIVISION I 83 
 
 as a Justice of the Appellate Division of the Su- 
 preme Court in and for the Second Judicial Depart- 
 ment and as Presiding Justice thereof for the term 
 ending December thirty-first, 1896. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this seventh day of October in 
 
 the year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor: 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE CULLEN AS 
 ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION, SECOND DEPART- 
 MENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable Edgar M. Cullen 
 of the city of Brooklyn, a justice of the Supreme 
 Court of the Second Judicial District, is hereby 
 designated as an Associate Justice of the Appellate 
 
1 84 P UBLIC PAPERS OF GO VERNOR MOR TON 
 
 Division of the Supreme Court in and for the Second 
 Judicial Department for the term ending December 
 thirty- first, 1900. 
 
 Given under my hand and the- Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this seventh day of October in 
 
 the year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor: 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE PRATT AS 
 ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION, SECOND DEPART- 
 MENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable Calvin E. Pratt of 
 the city of Brooklyn, a Justice of the Supreme Court 
 of the Second Judicial District, is hereby designated 
 as an Associate Justice of the Appellate Division of 
 
DESIGN A TION OF JUSTICE BARTLETT 1 85 
 
 the Supreme Court in and for the Second Judicial 
 Department for the term ending December thirty- 
 first 1898. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l Sj Albany this seventh day of October in 
 
 the year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor: 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE BARTLETT 
 AS ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION, SECOND DEPART- 
 MENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable Willard Bartlett, 
 of the city of Brooklyn, a justice of the Supreme 
 Court of the Second Judicial District, is hereby 
 designated as an Associate Justice of the Appellate 
 Division of the Supreme Court in and for the Second 
 
1 86 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Judicial Department for the term ending December 
 thirty- first, 1897. 
 
 Given under ray hand and the Privy Seal of the 
 
 State at the Capitol in the city of Albany 
 
 [l s] this seventh day of October in the year of 
 
 our Lord one thousand eight hundred 
 
 and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE PARKER AS 
 PRESIDING JUSTICE OF THE APPEL- 
 LATE DIVISION, THIRD DEPARTMENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable Charles E. Parker 
 of the village of Owego, a justice of the Supreme 
 Court of the Sixth Judicial District, is hereby desig- 
 nated as a Justice of the Appellate Division of the 
 Supreme Court in and for the Third Judicial Depart- 
 
DESIGNA TION OF JUSTICE LANDON 1 8 "] 
 
 ment and as Presiding Justice thereof for the term 
 ending December thirty-first, 1901. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this seventh day of October in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE LANDON AS 
 ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION, THIRD DEPARTMENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable Judson S. Landon 
 of the city of Schenectady, a justice of the Supreme 
 Court of the Fourth Judicial District, is hereby 
 designated as an Associate Justice of the Appellate 
 Division of the Supreme Court in and for the Third 
 
I 88 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Judicial Department for the term ending December 
 thirty-first, 1900. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this seventh day of October in 
 
 the year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor: 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE PUTNAM AS 
 ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION, THIRD DEPARTMENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable John R. Putnam of 
 the village of Saratoga Springs, a justice of the Su- 
 preme Court of the Fourth Judicial District, is 
 hereby designated as an Associate Justice of the 
 Appellate Division of the Supreme Court in and for 
 
DESIGN A TION OF JUSTICE HERRICK \ 89 
 
 the Third Judicial Department for the term ending 
 December thirty-first, 1900. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the capitol in the city of 
 
 [l s] Albany this seventh day of October in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE HERRICK AS 
 ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION, THIRD DEPARTMENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable D. Cady Herrick of 
 the city of Albany, a justice of the Supreme Court 
 of the Third Judical District, is hereby designated 
 as an Associate Justice of the Appellate Division of 
 the Supreme Court in and for the Third Judicial 
 
IQO PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Department for the term ending December thirty- 
 first, 1900. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 [l s] Albany this seventh day of October in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE HARDIN AS 
 PRESIDING JUSTICE OF THE APPEL- 
 LATE DIVISION, FOURTH DEPART- 
 MENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable George A. Hardin of 
 the village of Little Falls, a justice of the Supreme 
 Court of the Fifth Judicial District, is hereby desig- 
 nated as a Justice of the Appellate Division of the 
 Supreme Court for the Fourth Judicial Department 
 
DESIGNATION OF JUSTICE RUMSEY 191 
 
 and as Presiding Justice thereof for the term ending 
 December thirty-first, 1899. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this seventh day of October in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE RUMSEY AS 
 ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION, FOURTH DEPART- 
 MENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable William Rumsey of 
 the village of Bath, a justice of the Supreme Court 
 of the Seventh Judicial District, is hereby designated 
 as an Associate Justice of the Appellate Division of 
 
I 92 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 the Supreme Court in and for the Fourth Judicial 
 Department for the term ending December thirty- 
 first, 1900. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol iq the city of 
 
 [l s] Albany this seventh day of October in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE FOLLETT AS 
 ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION, FOURTH DEPART- 
 MENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable David L. Follett of 
 the village of Norwich, a justice of the Supreme 
 Court of the Third Judicial District, is hereby desig- 
 nated as an Associate Justice of the Appellate 
 
DESIGN A TION OF JUSTICE ADAMS I 93 
 
 Division of the Supreme Court in and for the 
 Fourth Judicial Department for the term ending 
 December thirty-first, igoo. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this seventh day of October in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE ADAMS AS 
 ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION, FOURTH DEPART- 
 MENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable William H. Adams of 
 the village of Canandaigua, a justice of the Supreme 
 Court of the Seventh Judicial District, is hereby 
 designated as an Associate Justice of the Appellate 
 13 
 
194 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Division of the Supreme Court in and for the Fourth 
 Judicial Department for the term ending December 
 thirty-first, 1900. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this seventh day of October in the 
 
 year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 DESIGNATION OF JUSTICE GREEN AS 
 ASSOCIATE JUSTICE OF THE APPEL- 
 LATE DIVISION, FOURTH DEPART- 
 MENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable Manley C. Green of 
 the city of Buffalo, a justice of the Supreme Court 
 of the Eighth Judicial District, is hereby designated 
 as an Associate Justice of the Supreme Court of 'the 
 
MATTER OF COUNTY CLERK GRIFFIMG. JQg 
 
 Appellate Division in and for the Fourth Judicial 
 Department for the term ending December thirty- 
 first, 1900. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this seventh day of October in 
 
 the year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 MATTER OF COUNTY CLERK GRIFFING 
 — SECOND NOTICE AND SUMMONS 
 
 State of New York. 
 
 Executive Chamber 
 
 In the matter of the charges preferred against 
 Orville S. Griffing, County Clerk of the county 
 of. Hamilton. 
 
 To Orville S. Griffing, County Clerk of Hdmiltdn 
 
 county: 
 
 Whereas charges of misconduct in office were 
 
 heretofore preferred against you and notice of such 
 
 charges was duly served upon you and in response 
 
196 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 thereto you appeared before me at the Executive 
 Chamber in the city of Albany and made promise 
 that the abuses in the conduct of your office of 
 county clerk should be corrected ; and whereas fur- 
 ther complaints of your neglect of duty in office 
 have been received, and further that you have failed 
 to account for moneys collected by you as directed 
 by the statute ; 
 
 Now therefore you are hereby required to show 
 cause within eight days after the service of this 
 order why you should not be removed from the said 
 office of county clerk of the county of Hamilton. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 [l s] Albany this fourteenth day of October in 
 
 the year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 [Note. — Mr. Griffing having subsequently tendered 
 his resignation of the office of county clerk, no 
 further proceedings were had in this matter.] 
 
MA TTER OF SUPERINTENDENT OF PRISONS 1 97 
 
 MATTER OF AUSTIN LATHROP, SUPER- 
 INTENDENT OF STATE PRISONS — AP- 
 POINTMENT OF A COMMISSIONER 
 
 State of New York 
 
 Executive Chamber 
 
 In the matter of the charges preferred against Atistin 
 Lathrop, Superintendent of State Prisons. 
 
 Charges having been preferred against Austin 
 Lathrop, Superintendent of State Prisons, by John 
 M. Wever and Jehial B. White both of the village 
 of Plattsburgh in this State, and a copy of the same 
 having been served upon the said Superintendent of 
 State Prisons with notice to show cause why he 
 should not be removed from such office, and the said 
 Austin Lathrop having filed his answer to the 
 charges preferred therein ; 
 
 I do hereby appoint Elon R. Brown of the city 
 of Watertown and county of Jefferson, the commis- 
 sioner to take testimony and the examination of 
 witnesses as to the truth of said charges and to 
 report the same to me and also the material facts 
 which he deems to be established by the evidence. 
 
 It is hereby further ordered that the said examina- 
 tion before such commissioner proceed with all 
 convenient speed. 
 
 Given under my hand and the Privy Seal of 
 the State at the Capitol in the city of 
 
198 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Albany this twenty-fifth day of October 
 [l s] in the year of our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 •Ashley W. Cole 
 
 Private Secretary 
 
 MATTER OF CHARLES M. PRESTON, SU- 
 PERINTENDENT OF BANKS— NOTICE 
 AND SUMMONS 
 
 State of New York 
 
 Executive Chamber 
 
 In the matter of the charges preferred against Charles 
 M. Preston, Superintendent of Banks. 
 
 To Charles M. Preston, Superintendent of Banks : 
 You are hereby notified that charges of malfeas- 
 ance and misconduct in office have been preferred 
 against you by C. Augustus Haviland of Brooklyn 
 and a copy of said charges is herewith served' 
 upon you. 
 
 You are therefore required to show cause why you 
 should not be removed from the office of Superin- 
 tendent of Banks and to answer the said charges 
 
THANKSGIVING PROCLAMA TION " 199 
 
 within eight days after service of this order and a 
 copy of said charges upon you. 
 
 In witness whereof I have signed my name 
 and affixed the Privy Seal of the State 
 [l s] at the Capitol in the city of Albany this 
 
 twenty-seventh day of November in the 
 year of our Lord one thousand eight 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 THANKSGIVING PROCLAMATION 
 
 State of New York 
 
 Executive Chamber 
 
 The year now drawing to a peaceful close has wit- 
 nessed within the borders of our State a continuance 
 of the supremacy of law, the maintenance of public 
 order, the general prosperity of the people and the 
 full enjoyment of civil and religious liberty. In the 
 fields and workshops the farmer and the artisan 
 have reaped the reward of their labors. The chan- 
 nels of commercial intercourse have been busy with 
 the rich cargoes of trade. In the colleges and 
 schools, in the laboratories, in the academies of 
 
200 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 science and art the development of intellectual 
 power has made continued progress. For all these 
 benefactions and gifts it behooves us as a people to 
 be devoutly thankful. 
 
 Wherefore, by virtue of the authority conferred 
 upon me, under the law!, Levi P. Morton, Governor, 
 do hereby designate Thursday the twenty-eighth day 
 of the current month, to be set apart and observed by 
 the people as a day of special praise and thanksgiving 
 to Almighty God for His manifold mercies. And I 
 do recommend that on that day the people abstain 
 as far as practicable from their ordinary occupations, 
 and assemble in their places of worship for religious 
 observance and the manifestation of their gratitude. 
 
 Let them also, while rejoicing in the abundance 
 with which they have been blessed, remember with 
 generous sympathy the poor, the needy and the 
 afflicted, and by ministrations of charity contributed 
 from their own bounty enable all to share in the 
 general thanksgiving. 
 
 Done at the Capitol in the city of Albany 
 this eighth' day of November in the year 
 [l s] of our Lord one thousand eight hundred 
 and ninety-five. 
 
 LEVI P MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
THE CHEEKTOWAGA NUISANCE 20I 
 
 MATTER OF THE PUBLIC NUISANCE AT 
 CHEEKTOWAGA— ORDER DIRECTING 
 THAT IT CEASE 
 
 State of New York 
 
 Executive Chamber 
 
 Whereas On the fourteenth day of June, 1895, 
 Henry W. Box and other citizens living in and near 
 the town of Cheektowaga in the county of Erie pre- 
 sented a verified petition to the Governor of the 
 State of New York complaining of certain nuisances 
 alleged to exist in the town of Cheektowaga, which 
 nuisances it was therein alleged affected the life and 
 health of the people residing or being in the vicinity 
 of such nuisances, and praying that an order be 
 made to the State Board of Health requiring them 
 to make the necessary examination thereof with the 
 view to having the nuisance complained of abated 
 and removed; and, 
 
 Whereas On the seventeenth day of July, 1895, 
 the Governor transmitted said petition to the State 
 Board of Health requiring the said Board to investi- 
 gate the alleged nuisances and report the result 
 thereof to him on or before the first day of Septem- 
 ber, 1895; and, 
 
 Whereas, The State Board of Health did there- 
 after examine into said alleged nuisances, and were 
 attended upon such examination by the attorneys 
 
202 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 for the petitioners and by representatives of some of 
 the persons interested (all persons interested therein 
 having been previously notified of such examination 
 and their attendance having been requested) and did 
 take testimony as to the existence of said nuisances 
 a;id did report to the Governor the results of their 
 examination together with evidence taken thereon, 
 which report with the approval of the Governor 
 endorsed thereon was duly filed in the ofifice of the 
 Secretary of State on the twelfth day of Novem- 
 ber, 1895, by which report it appears that divers 
 offensive trades and nuisances are carried on in the 
 town of Cheektowaga near the city of Buffalo in the 
 county of Erie by the following named persons or 
 corporations, viz.: The Baynes Garbage Crema- 
 tory, The Milson Rendering and Fertilizer Company, 
 The Scheid & Fechter Rendering Works, The Betts 
 Brothers Rendering Works, and the McGennis Ren- 
 dering Works. 
 
 Now, THEREFORE, I, Levi P. Morton, Governor of 
 the State of New York, in pursuance of the statute 
 in such case made and provided do hereby declare 
 the business and trades maintained and carried on 
 in the town of Cheektowaga in the county of Erie 
 and State of New York by the Baynes Garbage Cre- 
 matory, The Milson Rendering and Fertilizer Com- 
 pany, The Scheid & Fechter Rendering Works, the 
 Betts Brothers Rendering Works and the McGennis 
 Rendering Works, to be public nuisances, and I do 
 
THE CHEEKTOWAGA NUISANCE 2O3 
 
 order and direct that the manner of conducting such 
 offensive business and trades be forthwith changed 
 in the following particulars, to wit: 
 
 First. That the garbage, refuse materials, dead 
 animals and animal matter collected therein and 
 hereafter brought therein be properly disposed of by 
 and through the so-called "reduction system." 
 
 Second. That the further conduct of the estab- 
 lishment above named shall be done in the most 
 approved and scientific manner, to remove as far as 
 possible any danger to life and health of persons in 
 the vicinity thereof. 
 
 Third. That each of said establishments engaged 
 in rendering dead animals and in the disposal of 
 garbage shall so arrange the buildings used therefor 
 as to confine the gases and effluvia resulting there- 
 from until properly disinfected or said gases and 
 eifluvia shall be burned by the use of suction con- 
 duits supplied with fans and leading the same to the 
 fires. 
 
 Fourth. That the State Board of Health appoint 
 an inspector whose duty it shall be to enforce such 
 sanitary rules and regulations as may be prescribed 
 by the board for the conduct of the business carried 
 on by said works, said inspector to hold office during 
 the pleasure of the State Board of Health, and who 
 shall be paid such compensation by the persons and 
 corporations carrying on the business and occupa- 
 tions herein referred to, and said inspector shall be 
 
204 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 required to visit and make a careful examination of 
 all said establishments at least twice in each week, 
 in such manner as the State Board of Health may 
 direct, and as often in addition thereto as the Board 
 of Health may prescribe ; that it shall be his duty 
 to report to the State Board of Health weekly from 
 the first day of June to the first day of November in 
 each year, and monthly at other times, upon the 
 general sanitary condition of each of said establish- 
 ments, and also report to said board all violations of 
 the sanitary rules and regulations prescribed by 
 them within twenty-four hours after said violation. 
 
 Fifth. In default of compliance with this order by 
 the persons or corporations hereinbefore named, 
 such further order may issue, upon the application 
 of the State Board of Health, as may be necessary 
 to secure the removal of the nuisances complained of. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this thirteenth day of November 
 
 in the year of our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
MA TTER OF SUPERINTENDENT OF PRISONS 205 
 
 MATTER OF AUSTIN LATHROP, SUPER- 
 INTENDENT OF STATE PRISONS — OR- 
 DER THAT THE ATTORNEY-GENERAL 
 CONDUCT THE INQUIRY 
 
 State of New York 
 
 Executive Chamber 
 
 In the matter of the charges preferred against Austin 
 Lathrop, Superintendent of State Prisons — Order. 
 
 Charges having been preferred against Austin 
 Lathrop Superintendent of State Prisons by a peti- 
 tion praying for his removal, and a commissioner 
 having been appointed to take the testimony relating 
 to such charges; 
 
 Therefore, pursuant to the authority conferred 
 upon me by law, I do hereby direct the Honorable 
 Theodore E. Hancock, Attorney-General, to con- 
 duct the examination into the truth of the charges 
 alleged as ground for such removal. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this twentieth day of November 
 
 in the year of our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor: 
 
 Ashley W. Cole 
 
 Private Secretary 
 
2o6 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 DESIGNATION OF JUSTICE MERWIN AS 
 
 ASSOCIATE JUSTICE OF THE APPEL- 
 
 ^ LATE DIVISION, THIRD DEPARTMENT 
 
 State of New York 
 
 Executive Chamber 
 
 In accordance with section two of article six of 
 the Constitution and the statute in such case made 
 and provided, the Honorable Milton H. Merwin of 
 the city of Utica, a justice of the Supreme Court of 
 the Fifth Judicial District, is hereby designated as 
 an Associate Justice of the Supreme Court in and 
 for the Third Judicial Department for the term end- 
 ing December thirty-first, 1900. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this second day of December in 
 
 the year of our Lord one thousand eight 
 
 hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole ' ' "'-^ 
 
 Private Secretary 
 
MA TTER OF PRESTON— DISMISSAL OF CHARGES 207 
 
 MATTER OF PRESTON, SUPERINTEND- 
 ENT OF BANKS — DISMISSAL OF 
 CHARGES AND OPINION 
 
 State of New York 
 
 Executive Chamber 
 
 In the matter of the charges preferred against Charles 
 M. Preston, Superintendent of Banks — Order 
 dismissing charges 
 
 Charges of misconduct in office and neglect of 
 duty having been heretofore preferred by the De- 
 positors' Organization of the Commercial Bank of 
 Brooklyn of the city of Brooklyn against Charles M. 
 Preston, the Superintendent of Banks of the State 
 of New York and a copy of such charges having 
 been duly served upon the said Charles M. Preston 
 and he having filed his answer thereto, and it ap- 
 pearing to me that the public interest does not 
 demand that further proceedings be had in this 
 matter, therefore it is hereby 
 
 Ordered that the said charges against the said 
 Charles M. Preston be and the same are hereby 
 dismissed. 
 
 Given under my hand and the Privy Seal of 
 „_ . .the, State at the Capitol in the city of 
 
208 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Albany this eleventh day of December 
 [l s] in the year of our Lord one thousand 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
 OPINION 
 
 In the rmitter of the charges preferred against 
 Charles M. Preston, Superintendent of Banks — 
 Opinion 
 
 The Depositors' Organization of the Commercial 
 Bank of Brooklyn has preferred charges against 
 Charles M. Preston the Superintendent of Banks, 
 alleging that he is incompetent and that the Banking 
 Department has been conducted for years in the in- 
 terest of speculators. The charges relate to the 
 affairs of the Commercial Bank. There is also sub- 
 mitted with the charges certain testimony taken in 
 legal proceedings now or recently pending concern- 
 ing the management of the bank. A copy of the 
 charges together with the testimony submitted has 
 been served upon Mr. Preston and his answer 
 thereto has been filed. It seems that similar charges 
 were filed with Governor Flower and that they were 
 dismissed by him on the thirteenth day of December, 
 1893. 
 
MATTER OF PRESTON —OPINION 2O9 
 
 The Commercial Bank of Bropklyn closed its 
 doors on the twelfth of August, 1893, and a tem- 
 porary receiver was appointed on the thirtieth of the 
 same month. On the fourth of November follow- 
 ing, a judgment was rendered in the Supreme Court 
 dissolving the bank and the temporary receiver was 
 appointed the receiver thereof. Since that time he 
 has been engaged in closing up the affairs of the 
 bank and it seems that his trust is nearly completed. 
 The bank was in the hands of the receiver when the 
 former charges were filed with Governor Flower and 
 disposed of by him. 
 
 It is now claimed by the petitioners that the testi- 
 mony taken in the pending legal proceedings shows 
 that the affairs of the bank for some time prior to its 
 failure in August, 1893, had not been properly con- 
 ducted and that the Superintendent knew or should 
 have known of such mismanagement. I am asked 
 to re-open the matter, to reconsider the charges dis- 
 missed by Governor Flower and investigate the 
 whole subject, with a view to the possible ultimate 
 removal of the Superintendent. It is suggested that 
 if an investigation be ordered, testimony will be 
 adduced in addition to that taken in the pending 
 legal proceedings tending to show that the ofificers of 
 the bank did not properly manage its affairs. 
 
 The charges, the testimony submitted with them, 
 the further suggestions of the petitioners and the 
 answer of the Superintendent, have received the 
 14 
 
2IO PUBLIC PAPERS OF GOVERNOR MORTON 
 
 consideration which the importance of the subject 
 demands and in my judgment the circumstances do 
 not justify another investigation. 
 
 The law makes ample provision for the protection 
 of persons doing business with banks by making 
 them subject to the inspection and supervision of the 
 Superintendent who is required to examine their 
 affairs at least once in each year, and may do so at 
 any other time whenever in his judgment their con- 
 dition and management are such as to render an 
 examination of their affairs necessary and expedient. 
 But the law does not confine this protection to the 
 action or discretion of the Superintendent. Credi- 
 tors and shareholders of the bank whose debts or 
 shares amount to one thousand dollars may invoke 
 the aid of the Supreme Court in procuring an ex- 
 amination into its affairs, for the purpose of ascer- 
 taining the safety of the investments and the 
 prudence of its management. 
 
 I am not unmindful of the importance of a strict 
 supervision of the immense banking interests of the 
 State by the Superintendent. Officers of banks and 
 public officers charged with any responsibility con- 
 cerning the management of banks should be held to 
 a strict accountability ; but when charges are pre- 
 ferred, a public officer is entitled to the benefit of 
 the presumption that he has done his duty, and 
 the burden of proof is upon those who seek his 
 removal. 
 
MA TTER OF PRESTON— OPINION 2 I I 
 
 It is claimed that Mr. Preston did not give such 
 attention to the affairs of the Commercial Bank of 
 Brooklyn as its condition demanded and that in con- 
 sequence of his negligence the bank was permitted to 
 continue in business after it had reached a financial 
 condition which would have warranted him in taking 
 possession of it and closing its doors. 
 
 A proper consideration of this claim involves an 
 inquiry into the condition of the bank as disclosed 
 by the examinations made under the direction of the 
 Banking Department, of the action of the Superin- 
 tendent himself in connection with such examina- 
 tions, and the steps taken by him to protect those 
 who were interested in the financial condition of the 
 bank. 
 
 Mr. Preston has been Superintendent of Banks 
 since December, 1889. The first examination of the 
 Commercial Bank, after he became Superintendent, 
 was made June 30, 1890, and it then appeared that 
 the bank had a surplus of $84,831.17 over and above 
 all its liabilities, including its capital stock. There 
 was a special examination December 5, 1890, sug- 
 gested by the general financial depression of that 
 year, and it appeared that the capital of the bank 
 was then impaired to the amount of $14,030.97. 
 The next day the Superintendent acting under the 
 authority conferred by the Banking Law directed this 
 deficiency to be made good at once, and within three 
 days there was paid to the bank in cash $31,284.88, 
 
212 PUBLIC PAPERS OP GOVERNOR MORTON 
 
 and within sixty days a total of $42,045.77, all of 
 which was realized from past-due paper which had 
 been disallowed in the examination as worthless. 
 
 The next regular examination under the law was 
 made in September, 1891, and it appeared that there 
 was an impairment of the capital of the bank of 
 $37,115.58, Upon the receipt of this report of the 
 examiner the Superintendent at once personally 
 visited the bank, as he says " for the purpose of re- 
 quiring that this sum be made good, or taking 
 possession of the bank, as might be considered 
 necessary." He personally made an examination of 
 the paper of the bank and re-adjusted the valuation 
 of the real estate upon what he considered satis- 
 factory evidence of its actual value. Within three 
 days from this examination there was paid in cash 
 $15,773.88 on paper which had been disallowed by 
 the examiner as doubtful and worthless, and within 
 sixty days a total of $23,098.88, so that there was 
 an actual surplus of about $13,900. There was 
 another regular examination on October 4, 1892. 
 It was then found that the bank had a surplus of 
 $4,689 49, after rejecting as doubtful and worthless 
 promissory notes amounting to $189,257.15. There 
 has been no other examination since made by the 
 Banking Department. 
 
 The bank made quarterly reports in December, 
 1892, and in March and June, 1893, all of which 
 showed it to be in a solvent condition and according 
 
MA TTER OF PRESTON— OPINION 2 I X 
 
 to its own estimates to possess a reasonable surplus. 
 It is now claimed that these reports were not true 
 but it is not claimed that any suggestion concerning 
 the alleged falsity was made to the Superintendent 
 or that there were any circumstances connected with 
 the management of the bank which required any 
 special examination during this period. The bank 
 does not seem to have been strong, but during all 
 this period it seems to have been actually solvent 
 although the surplus was not at any time very large. 
 The bank was unable to resist the effect of the 
 financial depression of 1893, and closed its doors on 
 the twelfth of August. 
 
 The loans particularly criticised are those made to 
 the St. Kevin Mining Company and to Paul C. 
 Grening, the first of which was secured to the 
 amount of $80,000 which is the extent to which the 
 Banking Department considered the loan good. 
 This collateral has been fully realized since the bank 
 closed its doors. The loan to Grening amounted to 
 a little over $122,000. It seems that the receiver 
 voluntarily made some deductions in settlement and 
 received $120,000 upon this loan. Some of the 
 paper held by the bank and which was supposed to 
 be good proved to be uncollectible after the failure 
 of the bank ; but the fact that the receiver has 
 already realized a sufficient amount from the assets, 
 after deducting expenses, to nearly pay the deposi- 
 tors in full, is I think very strong evidence that if the 
 
2 14 PUBLIC PAPERS OF GOVERNOR MORTON' 
 
 financial panic of 1893 had not occurred the bank 
 need not have closed its doors. I think that the 
 Superintendent acted promptly and with due regard 
 to the interests of all concerned in the affairs of this 
 bank and that no further investigation of the charges 
 is necessary. The charges are therefore dismissed. 
 
 LEVI P. MORTON 
 
 TEMPORARY DESIGNATION OF JUDGE 
 RUMSEY TO THE APPELLATE DIVI- 
 SION, FIRST DEPARTMENT 
 
 State of New York 
 
 Executive Chamber 
 
 The Honorable Charles C. Dwight who is one of 
 the Justices of the Appellate Division in the First 
 Department of the Supreme Court having informed 
 me by a communication in writing that owing to ill 
 health he is and will be unable to act as such Appel- 
 late Division Justice, 
 
 I do hereby pursuant to the authority conferred 
 upon me by the second section of the sixth article 
 of the Constitution of the State of New York 
 designate the Honorable William Rumsey who is 
 one of the justices elected to the Supreme Court, to 
 
DESIGNA TION OF JUDGE R UMSE V 2 I 5 
 
 sit in the Appellate Division in the First Depart- 
 ment in the place of the said Charles C. Dwight. 
 
 Given under my hand and the Privy Seal of 
 
 the State at the Capitol in the city of 
 
 [l s] Albany this nineteenth day of December 
 
 in the year of our Lord one thousand 
 
 eight hundred and ninety-five. 
 
 LEVI P. MORTON 
 By the Governor : 
 
 Ashley W. Cole 
 
 Private Secretary 
 
PUBLIC ADDRESSES 
 
 CORRESPONDENCE 
 
 Governor Levi P. Morton 
 ' 1895 
 
ADDRESSES 
 
 THE OLD GUARD OF THE CITY OF 
 NEW YORK 
 
 Installation of Officers by the Governor at 
 THE Executive Chamber, Albany, April 22, 
 1895 
 
 Major Sloan. — It gives me pleasure as Com- 
 mander-in-Chief of the military forces of the State 
 to congratulate you upon the signal honor which is 
 conferred upon you by your reelection as Com- 
 mander of the Battalion of the Old Guard. This 
 organization I am informed has been in existence 
 for seventy years and has achieved a reputation 
 which extends far beyond the boundaries of our 
 own Commonwealth. It has numbered in its 
 ranks during the whole period of its existence 
 many men who were and are eminent in the 
 military, the commercial and the social life of the 
 metropolis, and there is no man who could be in- 
 sensible of the distinction of being called upon to 
 serve as its commander. 
 
2 20 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 By virtue of my office as Governor I declare you 
 duly installed as Major and Commandant of the Old 
 Guard of the city of New York. It is scarcely 
 necessary for me to remind you that it is your duty 
 to preserve the reputation of the Guard and to 
 maintain your command in good order and discipline, 
 obedient to the laws of the State. 
 
 Officers of the Staff and Line of the Old 
 Guard. — In installing you in the ofifices to which 
 you have been duly elected let me invoke on behalf 
 of your commander your loyal support and coopera- 
 tion in maintaining the character and discipline of 
 the organization in which you now all hold com- 
 mands. It is only by such support as is in your 
 power to give him that he will be able to discharge 
 the obligations which are imposed upon him, and I 
 doubt not that as soldiers you will recognize it to be 
 your bounden duty to sustain him to the best of 
 your ability. 
 
 To you as a body and as members of the bat- 
 talion I only need say that it is expected of you that 
 you will give loyal support to the ofificers whom you 
 have chosen, and whom it has been my honor as well 
 as my duty to install in the places of authority to 
 which you have elected them. In so doing you will 
 uphold the reputation of the Guard in a manner that 
 will reflect credit upon yourselves as soldiers and as 
 citizens, and I doubt not that should you ever be 
 
PEACE HATH HER VICTORIES 22 1 
 
 called upon by the State for service you will be 
 found quick in response and loyal to your duty and 
 obligations. This faith I am sure the people repose 
 in you, and I have confidence that you will not be 
 found wanting. 
 
 PEACE HATH HER VICTORIES 
 
 Remarks on the Occasion of the Dedication of 
 THE Chickamauga-Chattanooga National 
 Military Park, at Chattanooga, Tennessee, 
 September 20, 1895 
 
 Ladies and Gentlemen.- — It gives me pleasure 
 to acknowledge your greeting and to be with you 
 in this great historical and patriotic commemora- 
 tion. 
 
 Although the great State of New York was not 
 represented among the troops who won deathless 
 renown at Chickamauga, the Empire State honors 
 the soldiers of all other States — north and south — 
 who wrought there such a splendid example of 
 human courage and martial valor in defense and 
 maintenance of what each side believed to be a natu- 
 ral right and principle. Their conspicuous bravery 
 has placed the American soldier alongside the heroes 
 of Marathon, of Thermopylae, of Waterloo and 
 Balaklava. 
 
22 2 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 The fight at Chickamauga was the prelude to a 
 chain of battles and field movements which enabled 
 the Union forces to grasp and hold the important 
 strategic position occupied by the city in which we 
 are now assembled. 
 
 In this series of battles New York bore a dis- 
 tinguished part through her troops assigned to ser- 
 vice in Howard's Eleventh and Slocum's Twelfth 
 army corps. In these two corps there were nineteen 
 regiments of infantry and three batteries of artillery 
 from New York under the chief command of Gen. 
 Hooker. This series of engagements comprised 
 Wauhatchie, Missionary Ridge, Lookout Mountain 
 and Ringgold. 
 
 The night battle of Wauhatchie, fought on Octo- 
 ber 28th, was decisive in relieving the Army of the 
 Cumberland, then lying here in Chattanooga, from 
 the danger which beset its base of supplies. It was 
 here that Gen. Greene's New York brigade particu- 
 larly distinguished itself. 
 
 ' The armies operating in this immediate field were 
 not again especially active until the latter part of 
 November, when beginning with Orchard Knob they 
 achieved the victories of Lookout Mountain, Mis- 
 sionary Ridge and Ringgold. 
 
 To commemorate the deeds of her sons in en- 
 during granite and bronze, the State of New York 
 has thus far appropriated and expended $107,000. 
 Of this, $24,000 were paid for the purchase of par- 
 
PEACE HA TH HER VICTORIES 
 
 223 
 
 eels of ground on the several fields which were 
 occupied and made noteworthy by the troops of the 
 Empire State. Forty-four of these positions will be 
 indicated by monuments or marking-stones to denote 
 the places where sons of New York stood ready to 
 do or die that the Nation might live. 
 
 Veterans of the two great armies! I congratulate 
 you on the glorious outcome of the deeds of arms in 
 which you bore so great a part ! To the people of 
 Tennessee, and especially to the city of Chattanooga, 
 the State of New York offers cordial greeting and 
 renders hearty thanks for the hospitality and 
 courtesy shown to her representatives. 
 
 When the contending armies struggled for pos- 
 session of your city you were little more than a 
 village nestling among these frowning battlements 
 and bastions reared by nature. Then your pure 
 atmosphere was hot and stifling with the sulphur, the 
 flame and the smoke of war. What a change has 
 been wrought since then ! A city of 50,000 inhabi- 
 tants, intent on the activities of industry and coiii- 
 merce, sits between these hills and welcomes with 
 open arms the warring brothers of a generation ago. 
 
 Truly indeed, " Peace hath her victories, no less 
 renowned than war." 
 
Official Correspondence 
 
 THE COUNTY JUDGE OF KINGS COUNTY 
 Reply to a Request for His Impeachment 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, January 14, 1895 
 
 William H. Hale, esq., Brooklyn, N. Y. 
 
 Dear Sir — Governor Morton is in receipt of your 
 communication of the 4th instant, asking for the im- 
 peachment of Henry A. Moore, County Judge of 
 Kings county, for malfeasance in office. 
 
 In reply the Governor directs me to say that he 
 has caused an informal investigation to be made of 
 the matters referred to by you, and it appears from 
 information received by him that Mr. York was ap- 
 pointed .referee without objection, that the proceed- 
 ings were had before him as such referee without 
 any objection by any person interested in the assigned 
 estate, that the allowance of thirty dollars to him as 
 referee was not simply for one day's service but for 
 five or more days' service, and that the allowance 
 was cut down by the county judge from thirty-five 
 to thirty dollars. It appears from the statement of 
 the case submitted to the Governor, that at least five 
 15 
 
226 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 days were used by the referee in hearing the evi- 
 dence, reading and examining it, stating the claims 
 presented, and preparing his report. If this is true, 
 the court did not exceed its jurisdiction in making 
 the allowance of thirty dollars to him. 
 
 While section ninety of the Code of Civil Pro- 
 cedure prohibits the appointment of a clerk of a 
 court of record in Kings county as referee without 
 the written consent of the parties appearing in the 
 proceeding, probably the provisions of the section 
 may be waived either directly or by proceeding in 
 the hearing before the referee without objection. 
 The Governor is informed that this was in fact done, 
 and that no objection was raised by any person at 
 any stage of the proceeding. 
 
 If objection were raised, the appointment of Mr. 
 York as referee and the subsequent confirmation of 
 his report would make the proceeding irregular, and 
 for this irregularity there seems to be an ample 
 remedy by appeal. It also appears that the amount 
 of assets was not sufficient to pay the claims pre- 
 ferred by the statute, and that there was nothing for 
 the general creditors like yourself, and would not 
 have been if the fees of the referee had been fixed 
 at six dollars as claimed by you, instead of thirty 
 dollars as allowed by the court. 
 
 As the matter now stands the Governor does not 
 feel justified in recommending the removal of the 
 county judge. 
 
 Very truly 
 
 ASHLEY W. COLE 
 
 Private Secretary 
 
KINGS COUNTY INS A NE ASYL UMS 227 
 
 THE KINGS COUNTY INSANE ASYLUMS 
 
 Report of the Commissioners on the Subject 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, January 21, 1895 
 
 Hon. Henry A. *Reeves, Chairman of Board for 
 Establishment of Insane Asylum, Districts and 
 other purposes, Albany, N. Y. 
 
 Dear Sir — -I have the honor to transmit to you 
 herewith a communication received by the Governor 
 from the local authorities of the county of Kings, 
 relating to the transfer to the State of the buildings, 
 land, appurtenances and equipment now used by said 
 county as a county insane asylum. 
 
 Please make the examination required by section 
 14, chapter 126 of the Laws of 1890, and report your 
 findings and conclusions to the Governor. 
 Very truly yours 
 
 ASHLEY W. COLE 
 
 Private Secretary 
 
 State of New York 
 Office of Board for the Establishment of State In- 
 sane Asylum Districts and other Purposes 
 
 Albany, February 28, 1895 
 
 To His Excellency, Hon. Levi P. Morton, Governor 
 
 Sir — The board for the establishment of State 
 
 insane asylum districts and other purposes, to which 
 
228 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 was referred by you the application of the " local 
 authorities" of Kings county, to wit., the Board of 
 Supervisors thereof, through its counsel, Hon. George 
 F. Elliott, asking that the dependent insane of that 
 county and its property at Flatbush and at St. John- 
 land, L. I., now in use for the accommodation of the 
 insane of that county, be transferred to the State, 
 the former on lease for a term of years and the latter 
 by purchase, respectfully report : 
 
 That members of the board held a preliminary 
 meeting at the Clarendon hotel, Brooklyn, on Febru- 
 ary I, with representatives of the Kings County Super- 
 visors and other officials of that county, for the pur- 
 pose of informal discussion of the subject ; that 
 afterward, on February 8 and 12, members of the 
 board visited Flatbush and in company with 
 official representatives of the county and of the super- 
 visors, inspected the buildings and grounds there pro- 
 posed in said application to be given into possession 
 of the State on a lease for three years, with the privi- 
 lege of two more, within which time it is contem- 
 plated that the State will have provided at St. John- 
 land accommodations for all the inmates of the Flat- 
 bush Asylum, now numbering 1,000 and increasing, 
 by an average net increase of 100 yearly; and thatj 
 on February 26, members of the board, attended 
 by the county farm committee of the Kings county 
 supervisors and by other county officials, visited 
 St. Johnland and made an inspection of the land, 
 buildings and plant in use for the insane then domi- 
 ciled there to the number of 1,323. 
 
 So far as respects the property at Flatbush, it is 
 agreed that as the county does not desire to part 
 
KINGS CO UNTY INSA NE ASYL VMS 229 
 
 with it and the State has no occasion or need to hold 
 it, the proposed arrangement, whereby the State can 
 have the use of it up to such time as the inmates 
 can be conveniently transferred to buildings which 
 must be erected -for them at St. Johnland, is entirely 
 proper and mutually agreeable ; there need be no 
 serious difficulty in effecting a suitable lease of the 
 property, and as to that branch of the inquiry the 
 board assents to and approves of the proposition. 
 
 As to the property at St. Johnland, which alone 
 presents any formidable obstacle to the adjustment 
 of the matter upon a basis fairly satisfactory to both 
 sides, the law under which the board acts (§ 14 of 
 Chap. 126, Laws of 1890), divides its duty into two 
 lines of inquiry and report ; first, as to the suitable- 
 ness of the lands, buildings and equipment for use 
 by the State as a State hospital ; and, second, as to 
 the terms and conditions upon which the property is 
 offered to the State, whether, in the judgment of the 
 board, such terms and conditions are "just and 
 proper." 
 
 Regarding the first line of inquiry, it is to be said 
 that the condition of the land owned and occupied by 
 Kings county at St. Johnland and commonly known 
 as its " County Farm," is one of possible rather 
 than of actual fitness for the uses of a State hospi- 
 tal, or in other words, a great deal of labor and con- 
 siderable money need to be expended upon the 
 grounds immediately surrounding the buildings, in 
 order to put them in a really suitable state, and upon 
 the farm lands to bring them into condition for suc- 
 cessful tillage. The buildings now occupied by the 
 insane consist of four large brick two-story cottages. 
 
230 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 whose construction extended over several years and 
 cost a vastly disproportionate outlay of money ; of 
 sixteen wooden cottages, eight for men and eight for 
 women, with one building for each sex used as a cen- 
 tral or common dining-room ; and of several old and 
 practically worthless frame buildings, which ought 
 never to have been used for housing patients. The 
 brick cottages present externally a good appearance, 
 and internally the rooms and halls, lavatories and 
 closets are fairly well adapted to the purpose in view, 
 though two great drawbacks exist in the fact that the 
 partitions separating the patients' rooms are of lath 
 and plaster, instead of brick, and the roofs are of 
 shingle, instead of slate. These buildings are new, 
 and aside from structural defects which impair their 
 present as well as future usefulness, are not likely 
 soon to need much outlay for ordinary repairs ; they 
 are built on the single-room plan and will accommo- 
 date each 154 patients, or, 616 in all. The small 
 frame cottages are also of two stories, and accommo- 
 date thirty-five to forty patients each. They are 
 poorly constructed, of poor material, and if necessity 
 did not compel their temporary retention, the State 
 would' condemn and abandon them at once ; in truth, 
 for any real element of computation, they may be 
 dismissed as substantially valueless. The other 
 wooden buildings referred to, now sheltering some 
 eighty patients, are only worthy of mention as show- 
 ing the immediate need of providing proper accom- 
 modations for their inmates. The accessory build- 
 ings — kitchen, laundry, store-house, bakery, etc., — • 
 in the main are suitable if not entirely sufficient ; 
 they may be accepted as fairly adapted to the uses 
 
KINGS COUNTY INSANE ASYLUMS 23 I 
 
 now made of them. The plant, including buildings 
 and machinery, for steam heating, electric lighting, 
 water supply, etc., is on the whole to be commended 
 with less reserve than applies to perhaps any other 
 branch of the institution, though the matter of water 
 supply upon which very large sums have been wasted 
 in construction of a reservoir which does not hold 
 water, and for which very little water can be had 
 from the springs on which reliance was put before 
 they had been sufficiently tested, will need consider- 
 able attention to provide apparatus and connections 
 for adequately supplying the brick cottages, whose 
 need of fire protection is all the greater because of 
 the inflammable nature of their roofs. 
 
 Barring the objections above outlined, and some 
 minor ones, the buildings and plant at St. Johnland 
 may be considered as in a sufiicient sense " suitable 
 for the purposes of a State asylum for the insane " 
 within the meaning of the act, and the board so re- 
 ports. 
 
 There remains the only other question " whether 
 such terms and conditions are just and proper," viz.: 
 The terms and conditions embodied in the applica- 
 tion from the " local authorities " of Kings county. 
 That application asks that the State pay for the 
 property $500,000. It is not deemed desirable or 
 important that the board should enter upon a full 
 exposition of the facts and ideas which pertain to 
 this question, and it will therefore content itself with 
 saying that, upon a broad view of the matter of com- 
 pensation under the circumstances which surround 
 this proposed transfer, whatever intrinsic value the 
 property may possess, the board does not deem it 
 
232 P UBLIC PA PERS OF GO VERNOR MOR TON 
 
 "just and proper "to require the State to pay so 
 large a sum. While recognizing the fact that Kings 
 county has expended an immense amount of money 
 at St. Johnland, and that the land and buildings, 
 plant and equipment, does represent a large actual 
 value for the uses to which, if transferred, the State 
 will apply it, it is also an essential element in the 
 calculation that the State at once assumes the obli- 
 gation to provide new buildings at St. Johnland to 
 receive the 1,000 to 1,300 patients who within a short 
 time would have to be removed there from Flatbush, 
 besides the present necessity of taking 80 to 90 pa- 
 tients from improper wooden quarters into a brick 
 building, and the rapidly growing necessity of remov- 
 ing from the frame cottages the 600 or more patients 
 now domiciled therein. This consideration, of itself, 
 is enough to largely overcome the equity otherwise 
 obtaining in Kings county's claim to compensation, 
 and impels this board to the conclusion that the 
 State ought not to pay $500,000 for the St. Johnland 
 property. 
 
 The determination of just what amount the State 
 would be willing to pay and the county would be 
 willing to receive, appears to be a matter for negotia- 
 tion and settlement between the representatives of 
 the State in the Legislature and the local authorities 
 of Kings county. Pience, without expressing an 
 opinion on that question, the board advises the 
 Legislature that in its opinion the property proposed 
 to be transferred by Kings county is suitable for the 
 purposes of a State asylum for the insane, and that 
 the terms and conditions offered, except as to the 
 sum named in the application, are acceptable. 
 
KINGS CO UNT V INSA NE ASYL UMS 233 
 
 In view of the importance of extending the princi- 
 ple of State care for the dependent insane to the 
 entire State, and also in view of the great public 
 interest and importance of a consummation, in some 
 satisfactory way, of the transfer of the Kings county 
 insane and property to the State, both on grounds of 
 general humanity as concerns the welfare of the in- 
 sane, and of financial advantage as concerns the 
 people of Kings county, the board regards it as an 
 appropriate and indeed an imperative duty to respect- 
 fully urge on the Legislature that a just and reasona- 
 ble compromise disposing of the only real issue, to- 
 wit : The sum to be paid for the property would be 
 creditable to both parties. 
 
 HENRY A. REEVES 
 
 CARLOS F. MACDONALD 
 
 Commissioners 
 
 JAMES A. ROBERTS 
 
 State Comptroller 
 
 WILLIAM R. STEWART 
 
 President State Board of Charities 
 
234 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 TAX UPON INHERITANCES 
 
 Letter From Secretary of State Gresham and 
 THE Reply 
 
 Department of State 
 
 Washington, January 23, 1895 
 His Excellency the Governor of New York, Albany 
 
 Sir — I have the honor to apprise you of the 
 receipt of a note from the German Ambassador of 
 the 15th instant, saying that it is considered import- 
 ant for legislative purposes in some of the German 
 States to be informed in which of the States of the 
 United States a tax is levied upon inheritances; and 
 if such tax is so levied, whether it is levied upon 
 aliens whose property goes to heirs outside of the 
 United States. 
 
 To enable a prompt and proper reply to be made 
 to Baron von Saurma's note, I will thank you to 
 acquaint me with the nature of the laws of your State 
 upon that subject. 
 
 I have the honor to be, sir. 
 
 Your obedient servant 
 
 W. Q. GRESHAM. 
 
 State of New York 
 
 Executive Chamber 
 
 NS^o^Viy, January 26, 1895 
 
 Hon. W. Q. Gresham, Secretary of State, Washing- 
 ton, D. C. 
 
 Sir — I have the honor to acknowledge the receipt 
 of your note of the 23d instant, requesting informa- 
 
TAXES UPON- INHERITANCES 235 
 
 tion concerning the collateral inheritance tax laws of 
 this State. In reply, I beg to inform you that the 
 law of this State imposes a tax upon the transfer, in 
 certain cases, of property of the value of five hundred 
 dollars or over, either by will or in cases of intes- 
 tacy. The cases in which such a tax is imposed are 
 enumerated in the statute, chapter 399 of the Laws 
 of 1892, a copy of which I have the honor to trans- 
 mit herewith. It will be seen that no discrimination 
 is made either in favor of or against aliens as such, 
 but that the tax is levied upon the property and not 
 upon the person. 
 
 Under the construction of the collateral inheritance 
 tax law given by our courts, the question of the resi- 
 dence of the deceased owner and of the legatee, or of 
 the collateral kindred, is of no materiality. It is the 
 property of the decedent within the State which is 
 sought to be subjected to the tax, and the right of 
 the State to impose the tax is based upon its domin- 
 ion over property situated within its territory. 
 Very respectfully yours 
 
 ASHLEY W. COLE 
 
 Private Secretary 
 
236 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 TROY AND ITS POLICE 
 
 The Governor's Instructions to the Attorney- 
 General 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, May 24, 1895 
 
 Hon. T. E. Hancock, Attorney-General 
 
 Dear Sir — In pursuance of subdivision two of 
 section fifty-two of the executive law, as amended by 
 chapter sixty-eight, Laws of 1894, I hereby require 
 you to attend in person or by one of your deputies be- 
 fore the Court of Oyer and Terminer, to convene in 
 and for the county of Rensselaer, on the twenty- 
 seventh day of May, 1895, and before the grand jury 
 of the said county of Rensselaer at said term, and any 
 other Court of Oyer and Terminer in said county for 
 the purpose of managing and conducting in said 
 court and before said jury, the criminal actions and 
 proceedings to be instituted against one W. W. Wil- 
 lard, who is accused of wilfully neglecting and refus- 
 ing to close houses of ill-fame and gambling houses, 
 he being the superintendent of the Troy police force, 
 and it being by statute made the duty of the police 
 force to repress and restrain such places, a willful 
 neglect of which duty is by section one hundred and 
 seventeen of the Penal Code made a misdemeanor. 
 Also the criminal actions and proceedings about to 
 be instituted against John, alias "Jack" McCauley ; 
 Thomas O'Neill, Hiram Ford, Patrick O'Brien, 
 George O'Brien, Thomas McDonough, John Shana- 
 
TRO Y AND ITS POLICE 237 
 
 han, Dennis Sullivan, Patrick Sullivan, Lawrence 
 Shevlin, Patrick Cahill, Christopher McGraw, John 
 Shea, John J. Burke and Arthur J. Keefe, who are 
 accused of felonies or misdemeanors, severally com- 
 mitted by them at general or charter elections held 
 in the county of Rensselaer and said city of Troy 
 during the years 1890, '91, '92, '93 and 1894. 
 
 Also such criminal actions or proceedings as may 
 be instituted against Francis J. MoUoy, John Magill 
 and George O'Neil, police commissioners of the said 
 city of Troy, who are charged with refusing and neg- 
 lecting to close gambling houses and houses of ill- 
 fame in said city, and with receiving and accepting 
 from proprietors of gambling houses and houses of 
 ill-fame the sum of fifty dollars from each of such 
 proprietors and in consideration of the receipt and 
 acceptance of which said sum of fifty dollars from 
 all of said proprietors, said proprietors were granted 
 immunity from arrest. 
 
 Also such criminal actions or proceedings as may 
 be instituted against James Cummings, who is ac- 
 cused of willfully failing and neglecting to appre- 
 hend persons observed by him in the commission of 
 a highway robbery on the eighteenth day of Decem- 
 ber, 1894, in violation of section one hundred and 
 seventeen of the Penal Code. 
 
 Also such criminal actions or proceedings as may 
 be instituted against James Quest, who is charged 
 with liberating prisoners or permitting them to escape 
 from the police station house in the city of Troy 
 during the year 1891, said Quest being the sergeant 
 in charge of said station house at the time of such 
 escape. 
 
238 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Also such criminal actions or proceedings as may 
 be instituted against James Magaill and Thomas 
 O'Brien, who are charged with the offense of high- 
 way robbery, committed during the year 1894. 
 
 Also such criminal actions or proceedings as may 
 be instituted against George H. Mead, who is ac- 
 cused of extorting and accepting from inhabitants of 
 tlie city of Troy, money, which he represented to the 
 said inhabitants was to be used in obtaining for 
 them permission to open their peanut stands on 
 Sunday. 
 
 Also such criminal actions or proceedings as may 
 be instituted against Moses Litowich and Elias G. 
 Dorlon, who are accused of being the owners of and 
 renting houses for the purposes of prostitution, in 
 violation of section three hundred and twenty-two 
 of the Penal Code. 
 
 Also such criminal actions or proceedings as may 
 be instituted against Michael Tierney, who is accused 
 of letting, as agent, houses for the purposes of pros- 
 titution, knowing the purposes for which said houses 
 were rented, in violation of Section 322 of the Penal 
 Code. 
 
 Also such criminal actions or proceedings as may 
 be instituted against one Ormsby, who is accused of 
 being a common gambler, and failing to restrain and 
 repress gambling houses, he being at the time a 
 police officer of the city of Troy, and by such neg- 
 lect and failure to repress and restrain said gambling 
 houses being guilty of neglecting a public duty in 
 violation of section 117 of the Penal Code. 
 
 Also such other criminal actions or proceedings 
 which may be instituted in consequence of any 
 
RENSSELAER COUNTY ELECTION 239 
 
 felonies, misdemeanors, criminal irregularities or 
 crimes of any kind or nature which may be disclosed 
 by the evidence to be presented in the f oreging cases. 
 Respectfully yours, 
 
 LEVI P. MORTON 
 
 Governor 
 
 RENSSELAER COUNTY ELECTION 
 
 The Governor's Instructions to the Attorney- 
 General IN the Matter of Certain Prosecu- 
 Tioisrs 
 
 Albany, May 14, 1895 
 
 Hon. T. E. Hancock, Attorney-General, Albany, 
 N. Y. 
 Dear Sir — In pursuance of sub-division 2 of sec- 
 tion 52 of the executive law, as amended by chapter 
 68 of the Laws of 1894, I hereby require you to 
 attend in person or by one of your deputies at a 
 court of Oyer and Terminer, to be held in and for 
 the county of Rensselaer, for the term commencing 
 Monday, May 27th, 1895, and to appear before the 
 grand jury in said county at said term of court for 
 the purpose of managing and conducting in said 
 court and before said jury, or at any other court of 
 Oyer and Terminer in said county, all such criminal 
 actions and proceedings as may be brought before 
 them, or either of them, in consequence of any 
 felonies or misdemeanors committed in violation of 
 the election laws of this State or of any sections of 
 the Penal Code relating to elections which have been 
 
240 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 committed by officers of elections or others at gene- 
 ral or charter elections held in the said county of 
 Rensselaer and the city of Troy, or either of them, 
 at the elections held in the said county of Rensselaer 
 or said city of Troy, during the years 1890, 1891, 
 1892, 1893 and 1894. Also in consequence of any 
 crimes or misdemeanors committed in violation of 
 sections 322, 117 and 72 of the Penal Code, com- 
 mitted by any person or persons in the said city of 
 Troy during the years 1893-94 and 1895. 
 Respectfully yours, 
 
 LEVI R MORTON 
 
 Governor 
 
 THE NATIONAL ANNIVERSARY 
 
 Telegram Answering a Message from the 
 American Chamber of Commerce at Paris on 
 the Occasion of its Annual Banquet, July 4, 
 1895 
 
 Albany, July 4, 1895 
 
 To Dr. S. H. Tyng, President American Chamber 
 of Commerce, Paris, France 
 The Empire State sends fraternal greeting to the 
 sons of America and to the descendants of their 
 earliest allies, who celebrate today in the sister Re- 
 public of France our Anniversary Day. 
 
 LEVI P. MORTON 
 Governor of the State of New York 
 
THE VETERANS AND THE PUBLIC SERVICE 24 1 
 
 THE VETERANS AND THE PUBLIC 
 SERVICE 
 
 Correspondence with the Superintendent of 
 Public Buildings 
 
 A conference held in the Executive Chamber on 
 October sixteenth, 1895, relating to certain veterans 
 discharged from the public service by the Superin- 
 tendent of Public Buildings, resulted in the following 
 correspondence : 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, October 17, 1895 
 
 Hon. Frederick Easton, Superintendent of Public 
 Buildings, Albany, N. Y. 
 
 Dear Sir — I have this day directed the following 
 named veteran soldiers, the first three of whom have 
 heretofore been employed as orderlies or watchmen 
 and the last as a laborer, in the Capitol Building, to 
 report at once to you for reinstatement in the occu- 
 pations from which they were dismissed by you on 
 or about October first last : John W. Fawcett of New 
 York, B. G. Priest of Jefferson county, S. A. Esh- 
 baugh of Niagara county and W. S. Kenyon of 
 Cattaraugus county. 
 
 The conclusion that they should be so directed to 
 report to you was arrived at in the conference at 
 which you were present to-day with Attorney-General 
 Hancock, Mr. Charles Z. Lincoln the Governor's 
 leo-al adviser, H. C. Nevitt counsel for the Board of 
 16 
 
242 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Trustees of Public Buildings in the proceeding pend- 
 ing before the Court of Appeals to determine the 
 rights of veteran soldiers employed by the State in 
 the public buildings, the four veterans above named 
 and myself. 
 
 Very respectfully 
 
 ASHLEY W. COLE 
 
 Private Secretary 
 
 State of New York 
 Office of Superintendent of Public Buildings 
 
 Albany, October 17, 1895 
 
 Col. Ashley W. Cole, Private Secretary, Etc., 
 Executive Chamber, Albany, N. Y. 
 
 Dear Sir. — I am in receipt of your communica- 
 tion of this date, in which you inform me that you 
 have directed the discharged orderlies, Fawcett, 
 Priest and Eshbaugh, and the laborer, Kenyon, to 
 report to me for re-assignment to duty. 
 
 I respectfully beg leave to reply that I cannot con- 
 sistently restore Fawcett and Priest to duty because 
 such restoration would be to the detriment of the 
 public service, and for these reasons : 
 
 I discharged them under the .authority conferred 
 upon me by chapter two hundred and twenty-seven of 
 the Laws of 1893, for " incompetency and conduct in- 
 consistent with the positions held" by them, which is 
 the statutory grounds on which such removals may 
 be made (chapter 716 Laws of 1894). Further, I 
 found it necessary to reduce the force of employees 
 in order to keep my expenditures within the limit of 
 
THE PERSECUTED ARMENIANS 243 
 
 the money appropriated for the payment of grderhes 
 and watchmen. 
 
 I will present detailed charges in respect to these 
 men which will justify my refusal to reinstate them, 
 if requested so to do. I had already restored Esh- 
 baugh to duty before the receipt of your letter and 
 will restore Kenyon with all reasonable promptness. 
 Very respectfully yours 
 
 FREDERICK EASTON 
 
 Supt. of Public Buildings 
 
 THE PERSECUTED ARMENIANS 
 
 Telegram to the Chairman of the Meeting of 
 Sympathy Held in New York on Nov. 21, 1895 
 
 State of New York 
 Executive Chamber 
 
 Albany, November, 21, 1895 
 
 Hon. Seth Low, President, Chickering Hall, New 
 York City 
 Ofificial duties preclude my attendance at the meet- 
 ing to-night in behalf of the suffering Armenians. I 
 sincerely hope that the expression of public opinion, 
 here and in Europe, will impel the Ottoman Porte to 
 immediate and effectual effort for their present pro- 
 tection and future safety. 
 
 LEVI P. MORTON 
 
244 PUBLIC PAPERS OF GOVERNOR MORTON ■ 
 
 NEW YORK INSURANCE COMPANIES AND 
 THE PRUSSIAN GOVERNMENT 
 
 Governor Morton's Letter to Secretary of 
 State Olney 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, December 3, 1895 
 
 To the Honorable Richard Olney, Secretary of 
 State of the United States, Washing-ton, D. C. 
 Sir — It is represented to me by the Superintend- 
 ent of Insurance of the State of New York, the ofifi- 
 Ger charged by our laws with supervision of the busi- 
 ness of insurance and of the companies transacting 
 that business within this State, that three of the prin- 
 cipal life insurance companies of New York, which 
 are among the most important and substantial finan- 
 cial corporations of the United States and of the 
 world, have been by the Department of the Interior 
 of the Kingdom of Prussia unjustly excluded from 
 that kingdom, after they had been induced to estab- 
 lish agencies and make large investment of funds 
 among its people. A great and growing feeling of 
 irritation upon this subject. exists among the vast in- 
 surance interests of this country, and is finding daily 
 expression in the press. In several states of the 
 Union notice has already been given to corporations 
 of Prussia that they cannot transact business within 
 these states, this action having been taken bv the 
 several insurance departments solely as retaliation 
 for arbitrary acts of the Prussian Minister towards 
 
INSURANCE COMPANIES AND PRUSSIA 245 
 
 companies of New York. The Superintendent of 
 this State believes that the shortest way to the re-es- 
 tablishment of reciprocal business relations among 
 these states and corporations is to be found in a can- 
 did comparison of views, rather than in a policy of 
 annoyance and exclusion. In this belief, the Super- 
 intendent has prepared a letter, addressed to His 
 Excellency the Minister of the Interior of the King- 
 dom of Prussia, a copy of which is enclosed here- 
 with. But as the people of no state have diplomatic 
 relations with the Kingdom of Prussia save as they 
 are represented by the general government and by 
 its ambassador to the Empire of Germany, and as I 
 am informed that our ambassador has already in sev- 
 eral instances under instructions from your depart- 
 ment, rendered his good offices in the endeavor to 
 solve some of the very questions now involved, I beg 
 respectfully to request that the purpose of the Super- 
 intendent in this communication be facilitated, by the 
 good offices of the Ambassador of the United States 
 in Berlin, in such manner and to such extent as shall 
 to you appear useful and proper. 
 I have the honor to remain 
 
 With the highest regard 
 
 LEVI P. MORTON 
 
 Governor of New York 
 
246 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 AN INTERNATIONAL EPISODE 
 
 Correspondence Relating to American Railway 
 Blasting on the Canadian Frontier 
 
 Department of State 
 
 Washington, August 6th 1895 
 
 His Excellency, Levi P. Morton, Governor of New 
 York, Albany 
 
 Sir — I have the honor to enclose for your infor- 
 mation and consideration, copy of a note of the ist 
 instant, from the British Charge d' Affaires ad in- 
 terim at this capital, enclosing copy of a communi- 
 cation from the Mayor of Niagara Falls, Ontario, in 
 which it is represented that the blasting carried on 
 by contractors in building an electric railway on the 
 American side of the Niagara River is causing great 
 damage to the property and danger to the lives of 
 persons residing on the Canadian side of the river. 
 In view of the grave character of the complaint 
 made by the Canadian authorities, the Department 
 hopes that you may find it practicable to give the mat- 
 ter early attention. 
 
 I have the honor to be, Sir, 
 
 Your obedient servant, 
 
 ALVEY A. ADEE, 
 
 Acting Secretary. 
 Enclosure : 
 
 From Lord Gough. 
 
an interna tional episode 2\'] 
 
 [telegram] 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, August 7, 1895 
 
 To the Mayor of Niagara Falls, N. Y. 
 
 Governor has received through State Department 
 complaint from Mayor of Niagara Falls, Ont, of 
 damage and danger resulting from blasting for elec- 
 tric railway on New York side of river. Please ad- 
 vise me by wire whether blasting continues, and 
 whether dangerous in character to life and property 
 on Canadian side. 
 
 ASHLEY W. COLE 
 
 Private Secretary 
 
 [telegram] 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, August 7, 1895 
 George Hanan, May or ^ Etc., Niagara Falls, Ont. 
 
 Governor to-day received through State Depart- 
 ment your complaint telegraphed to Canadian gov- 
 ernment July 22, regarding damage and danger 
 resulting from blasting on American side of river. 
 Please inform me by telegraph whether contractors 
 have discontinued dangerous character of operations. 
 
 ASHLEY W. COLE 
 
 Private Secretary 
 
248 public papers of governor morton 
 [telegram] 
 
 State of New York 
 Executive Chamber 
 
 Albany, August 9, 1895 
 
 George Hanan, Mayor, Niagara Falls, Ont. 
 
 Telegram of last evening received. Prompt mea- 
 sures will be taken to repress operations complained 
 of. 
 
 ASHLEY W. COLE 
 
 Private Secretary 
 
 [telegram] 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, August 9, 1895 
 
 Hon. O. W. Cutler, Mayor, Niagara Falls, N Y. 
 
 Your telegrams received. Also received telegram 
 this morning from Mayor of Niagara Falls, Ontario, 
 saying that at six thirty o'clock last evening a blast 
 was discharged which threw a shower of stones upon 
 Canadian side, some of them falling two hundred 
 feet inland. These operations may incur grave con- 
 sequences. Please investigate at once and report 
 by wire. 
 
 ASHLEY W. COLE 
 
 Private Secretary 
 
an interna tional episode 249 
 
 [telegram] 
 
 State of- New York 
 Executive Chamber 
 
 Albany, August lo, 1895 
 
 Hon. George Hanan, Mayor, &c., Niagara Falls, 
 Ont. 
 Mayor Cutler has positive assurance from con- 
 tractors of future caution and his city engineer is di- 
 rected to watch blasting. Please .telegraph me 
 promptly if any further damage inflicted and instant 
 legal restraint will be applied. 
 
 ASHLEY W. COLE 
 
 Private Secretary 
 
 [telegram] 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, October 8, 1895 
 
 Hon. Richard Olney, Department of State, Wash- 
 ington, D. C. 
 
 Your telegram received. At 1 1 o'clock p. m. of 
 Sunday, October 6th, upon information received from 
 the Mayor of Niagara Falls, Ontario, I caused this 
 message to be sent by my private secretary to said 
 Mayor : '• Governor regrets the occurrence com- 
 plained of and will take earliest measures to prevent 
 repetition and further reckless operations." 
 
 On the same evening this message was telegraphed 
 to the Mayor of Niagara Falls, N. Y.: " Governor 
 
250 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 Morton requests you to notify contractors for Elec- 
 tric Railway that serious damage is reported in 
 Canada from their blasting to-day, and that he will 
 take instant measures to repress their recklessness." 
 On the morning of October 7th, Deputy Attorney- 
 General Kisselburgh, who was in Buffalo, was in- 
 structed to make immediate careful inquiry into the 
 circumstances and report with a view to taking such 
 action as the law and the facts warrant. The whole 
 subject is now under consideration. 
 
 LEVI P. MORTON 
 
 State of New York 
 
 Executive Chamber 
 
 Albany, October 12, 1895 
 
 Hon. Richard Olney, Secretary of State, Washing- 
 ton, D. C. : 
 
 Dear Sir — Governor Morton directs me to trans- 
 mit to you the accompanying copy of a special report 
 made by Deputy Attorney-General Kisselburgh, in 
 respect to the blasting operations carried on by con- 
 tractors for a railway in course of construction upon 
 the American side of the Niagara river, and through 
 which damage was inflicted upon the property of 
 residents and corporations within the Dominion of 
 Canada and upon the Custom House of the Domin- 
 ion at Niagara Falls, Ontario. 
 
 The Governor desires me to convey to you his 
 sense of regret for the injuries inflicted at previous 
 stages of the work referred to, as well as by the ex- 
 plosion which occurred on Sunday October 6, and 
 
AN INTERNA TIONAL EPISODE 2 5 I 
 
 begs to assure you that he took the promptest 
 measures available to avert the possibility of further 
 damage, as well as the continuance of reckless 
 blasting. 
 
 As will appear by the report of Mr. Kisselburgh, 
 the work is now terminated and there can therefore 
 be no further injury inflicted by the operations com- 
 plained of. The Governor is confident that you will 
 make due representation to the British Ambassador 
 of the facts of the case. 
 I have the honor to be 
 
 Very respectfully 
 
 ASHLEY W. COLE 
 
 Private Secretary 
 
 Department of State 
 
 Washington, October 15, 1895 
 
 His Excellency the Governor of the State of New 
 York, Albany, New York 
 
 Sir — I have to acknowledge the receipt of a com- 
 munication from your office of the 12th instant en- 
 closing a copy of a special report made by Deputy 
 Attorney-General Kisselburgh in regard to the blast- 
 ing operations by contractors for a railroad in course 
 of construction upon the American side of the 
 Niagara river, whereby damage was inflicted upon 
 the property of residents and corporations within 
 the Dominion of Canada and upon the British cus- 
 tom house at Niagara Falls, Ontario. 
 
 The Department has learned with pleasure of the 
 prompt measures taken by your office in regard to 
 
252 P UBLIC PA PERS OF GO VERNOR MOR TON 
 
 the matter, and it has communicated to the British 
 Ambassador, for his information, a copy of the re- 
 port of Deputy Attorney-General Kisselburgh with 
 reference to the subject. 
 
 I have the honor to be. Sir, 
 
 Your obedient servant, 
 
 RICHARD OLNEY. 
 
 Department of State 
 
 Washington, October 19, 1895 
 
 His Excellency the Governor of the State of New 
 York, Albany, N. Y. : 
 Sir — Referring to your letter of the 12th instant 
 relative to the action which you took to prevent 
 further injuries to Canadian property by blasting 
 operations on the American side of the Niagara 
 river, I have the honor to enclose for your informa- 
 tion a copy of a note of the 17th instant from the 
 British Ambassador at this capital, expressing his 
 thanks for the prompt attention shown to his com- 
 munication on the subject, 
 I have the honor to be sir 
 
 Your obedient servant 
 
 RICHARD OLNEY 
 Enclosure : 
 
 From Sir Julian Pauncefote, October 17, 1895 
 
STATEMENT 
 
 PARDONS, REPRIEVES AND COMMU^ 
 TATIONS OF SENTENCE 
 
 GRANTED BY 
 
 Levi P. Morton, Governor 
 
 DURING THE YEAR 1895 
 
PARDONS 
 
 January 23, 1895. Frank Harmon. Sentenced October 6, 1894; 
 county, Seneca; crime, assault, third degree; term, six months; 
 prison, Monroe County Penitentiary. 
 
 The pardon is granted on the recommendation of 
 the committing magistrate and of a number of the 
 best citizens of Seneca Falls. Harmon is an indus- 
 trious man of good character, his only fault being 
 that occasionally he drinks to excess. He was in- 
 toxicated when he committed the assault, which was 
 not of a serious nature, and the magistrate in recom- 
 mending clemency says that the punishment imposed 
 was greater than the offense merited. His family 
 have been left without support by reason of his im- 
 prisonment and his former employer agrees to take 
 him into his service again at once. 
 
 March 7, 1895. Thomas Brown. Sentenced July 9, 1894; county, 
 New York; crime, grand larceny, second degree; term, one year; 
 prison. New York Penitentiary. 
 
 The prisoner's term will expire in May next. He 
 probably cannot live until then, being in the last 
 stage af consumption. His father asks for his re- 
 lease so that he may take him home. 
 
256 P UBLIC PA PERS OF GO VERNOR MOR TON 
 
 March 26, 1895. Edward Waterhouse. Sentenced October 24 
 1889; county, Onondaga; crime, grand larceny, first degree; maxi- 
 mum term, ten years ; prison. State Reformatory. 
 
 At the time of conviqtion Waterhouse was sixteen 
 years old. He pleaded guilty but there is very seri- 
 ous doubt if the offense was more than petit larceny. 
 But however that may be he has been kept in con- 
 finement far beyond what was intended when he was 
 sentenced, and it seems unjust to detain him longer. 
 The judge and the district attorney think he ought 
 to be released. 
 
 May 2, 1895. Dennis Dailey. Sentenced November 17, 1B94 
 county, Allegany ; crime, violation of the excise law ; term, six 
 months ; prison, Allegany County Jail. 
 
 Recommended by many citizens of Allegany 
 county including the county judge, the sheriff, the 
 district attorney, the county clerk and other county 
 officers. The sentence was too severe. 
 
 May 13, 1895. Nicholas Weiss. Sentenced November 2, 1894; 
 county, New York ; crime, grand larceny, second degree; term, one 
 year; prison, New York Penitentiary. 
 
 Weiss having served half his term his pardon is 
 recommended by the complainant and the district 
 attorney. Until his conviction he was a man of 
 good character and industrious habits and has been 
 fully punished for the crime committed by him. 
 
PARDONS 
 
 257 
 
 May 22, 1895. Frank Demarest. Sentenced June 12, 1893; 
 county, New York; crime, grand larceny, second degree; term, two 
 years and six months ; prison, Sing Sing. 
 
 The prisoner has been sufficiently punished for his 
 first offense and in consideration of previous good 
 character is released a few days before the expiration 
 of his term. 
 
 May 22, 1895. Henry O. West. Sentenced April 7, i8go; county, 
 Onondaga; crime, forgery, second degree; maximum term, ten 
 years ; prison. State Reformatory. 
 
 West's punishment has been more severe than the 
 circumstances of the case demanded. He is in very 
 feeble health with but little prospect of recovery. 
 
 May 22, 1895. Arthur Horton. Sentenced July 7, 1891; county, 
 Erie; crime, receiving stolen goods; maximum term, five years; 
 prison, State Reformatory. 
 
 Granted on the recommendation of the judge and 
 the district attorney, Horton having been imprisoned 
 longer than the crime warranted. 
 
 June 4, 1895. Charles Gitalin. Sentenced June 25, 1888, to be 
 executed; county. New York; crime, murder, first degree; sentence 
 commuted to imprisonment for life November 21, 1889; prison, Sing 
 Sing. 
 
 In November, 1889, the sentence was commuted 
 
 to imprisonment for life, the evidence taken, before a 
 
 referee appointed by the Governor having given rise 
 
 to very serious doubt as to the truthfulness of some 
 
 17 
 
258 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 of the testimony upon which the conviction was 
 obtained, and it being deemed inexpedient for that 
 reason to inflict the death penalty. For more than 
 two years past Giblin has been confined to the hos- 
 pital suffering from a complication of diseases and 
 the physician now reports that he cannot possibly 
 survive more than a few weeks. His wife has died 
 recently, and a very urgent appeal is made that, out 
 of consideration for his children, he be permitted to 
 die outside the prison. 
 
 The application is very strongly supported by 
 many of the best citizens of New York and of 
 Worcester, Mass., where Giblin formerly resided, 
 and is earnestly recommended by Judge Barrett, who 
 sentenced him, and by the district attorney. After 
 a careful examination of the whole case, it seems 
 just and proper to grant it. 
 
 June 7, 1895. Patrick Shannon. Sentenced August 17, 1894; 
 county. New York; crime, entering building to steal; term, one 
 year; prison, New York Penitentiary. 
 
 June 7, 1895. John Henry. Sentenced August 17, 1894; county. 
 New York; crime, entering building to steal; term, one year; prison. 
 New York Penitentiary. 
 
 These pardons are granted on the ground that the 
 prisoners are innocent. The district attorney writes: 
 " Facts recently brought to light make the absolute 
 innocence of these two men apparent. The real 
 culprits have been arrested and one has pleaded 
 
PARDONS 259 
 
 guilty; the other is now on trial. The complainant 
 against Shannon and Henry is now satisfied of his 
 error in identifying them and appears as complainant 
 against the men last arrested. On all of the facts of 
 the case there is not a shadow of doubt that these 
 two men were the victims of a fearful mistake and I 
 earnestly beg Your Excellency to correct it as far as 
 possible by granting them a pardon." 
 
 June 25, 1895. Mary Druse. Sentenced October 12, 1885 
 county, Herkimer; crime, murder, second degree; term, life; 
 prison, Onondaga County Penitentiary; transferred to State Prison; 
 for Women. 
 
 Mary Druse and her mother, Roxalana Druse, 
 were jointly indicted in 1885 for killing William 
 Druse, the husband of Roxalana and father of Mary. 
 Roxalana was tried, convicted and executed. Mary 
 by advice of her counsel pleaded guilty of murder 
 in the second degree and was sentenced to imprison- 
 ment for life. The evidence introduced on the trial 
 of Roxalana wholly failed to show that Mary took 
 any active part in the commission of the crime. 
 Upon that evidence which covered all the facts, the 
 utmost that can be fairly charged against her seems 
 to be that she stood by and saw the crime committed 
 and afterwards concealed it, making false statements 
 to account for her father's disappearance, in doing 
 which she unquestionably acted under her mother's 
 directions. At that time she was only eighteen years 
 
26o PUBLIC PAPERS OF GOVERNOR MORTON 
 
 of age. Judge Williams, who imposed the sentence, 
 writing in regard to the application for clemency, 
 says : " I said to Mary when I sentenced her that if 
 she changed her character and became a good 
 woman, she might after some years, hope for Execu- 
 tive clemency, but she could not hope for it other- 
 wise. I do not feel that I can express an intelligent 
 opinion as to Executive clemency, because I do not 
 know what her life has been or what her disposition 
 now is. I do not advise nor object to a pardon, but 
 leave it to your own good judgment upon the nature 
 of the crime, the circumstance that Mary was a 
 young girl, acting under the direction of her mother, 
 and the behavior of Mary while in prison and her 
 present disposition." 
 
 The Warden of the prison reports her conduct as 
 excellent. A pardon is expressly recommended by 
 the Hon. A. B. Steele, who as district attorney, con- 
 ducted the prosecution, and is fully warranted by all 
 the circumstances of the case. 
 
 June 25, 1895. George Helmer. Sentenced October 10, 1890; 
 county, Oneida; crime, malicious miscliief; maximum term, ten 
 years; prison, State Reformatory; transferred to Auburn. 
 
 Helmer was sent to the Reformatory for throwing 
 a stone at a railroad train. His punishment has 
 been greatly in excess of what the crime deserved or 
 the court would have imposed by a definite sentence. 
 
PARDONS 261 
 
 The pardon is granted on the application of Thomas 
 S. Jones, of Utica, who was district attorney at the 
 time of the conviction, and on the recommendation 
 of Judge Churchill, who passed the sentence. 
 
 June 25, 1895. Boyce Martin. Sentenced February 24., 1894; 
 county. New York ; crime, grand larceny, second degree ; term, 
 five years; prison, Sing Sing. 
 
 Martin was tried and convicted jointly with two 
 others. An examination of the evidence adduced 
 upon the trial shows that while it was probably suffi- 
 cient to sustain the conviction of his co-defendants, 
 it wholly failed to connect him with the commission 
 of the larceny. The district attorney writes : " My 
 own judgment is that the evidence did not warrant 
 the conviction and I am much surprised that the 
 jury should have reached the conclusion it did." 
 
 June 25, 1895. Timothy O'Connell. Sentenced December 4, 1894 ; 
 county, New Yorlt ; crime, assault, third degree ; term, one year ; 
 prison, New York Penitentiary. 
 
 The prisoner was charged with indecent assault 
 upon a young girl. The evidence against him was 
 quite meagre, and if he had been properly defended 
 it is not likely that he would have been convicted. 
 He is shown to have been a man of excellent char- 
 acter ; his guilt is quite doubtful and two of the 
 justices before whom he was tried recommend a par- 
 don. 
 
262 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 June 25, 1895. Elmer Sarvis. Sentenced May 17, 1893 ; county, 
 Orange; crime, burglary, third degree; maximum term, five years ; 
 prison, State Reformatory. 
 
 Sarvis has beeh sufficiently punished and is re- 
 leased on the recommendation of the district attor- 
 ney and other citizens of Orange county, including 
 seven of the jury. 
 
 June 25, 1895. Nettie Homburg. Sentenced October 2, 1891 ; 
 county, New York ; crime, grand larceny, first degree ; term, five 
 years and six months ; prison. New York Penitentiary, transferred 
 to State Prison for Women. 
 
 Deducting the commutation earned by good con- 
 duct less than two months of the prisoner's term re- 
 mains to be served. She was quite young when con- 
 victed ; was led into the crime by older persons, and 
 there are circumstances making it very desirable that 
 her parents should be permitted to take charge of 
 her at this time. 
 
 July 2, 1895. Damase Cusson. Sentenced January 23, 1895; 
 county, New York ; crime, false pretenses ; term, one year ; prison, 
 New York Penitentiary. 
 
 A careful examination of this case shows that the 
 prisoner ought not to have been convicted. The dis- 
 trict attorney states that in his opinion the evidence 
 did not warrant the verdict and had the prisoner's 
 counsel requested the court to direct an acquittal it 
 would have been error to deny the request. 
 
PARDONS 263 
 
 July 8, 1895. Harry B. Osgood. Sentenced May 9, 1895; county, 
 Erie ; crime, petit larceny ; term, three months; prison, Erie County 
 Penitentiary. 
 
 Recommended by Hon. Edward F. Jones, Senator 
 O'Connor, George W. Dunn and other citizens- of 
 Binghamton ; also by the complainant. There does 
 not appear to have been any criminal intent on the 
 part of the prisoner, and no loss resulted to any per- 
 son by reason of his act. 
 
 July 16, 1895. Joseph Little. Sentenced July 11, 1893; county 
 Warren ; crime, burglary, third degree ; term, two years and eleven 
 months ; prison, Clinton. 
 
 Granted on the application of the judge, the dis- 
 trict attorney and other prominent citizens of War- 
 ren county on the ground that the prisoner has re- 
 ceived all the punishment that justice requires. 
 With the usual reduction his term would be out in 
 October next. 
 
 July 16, 1895. Harry M. Griest. Sentenced November 27, 1893; 
 county, Chemung; crime, grand larceny, second degree; term, two 
 years ; prison, Auburn. 
 
 Griest's term would expire in about two weeks. 
 He has been an exceptionally good prisoner and a 
 very useful man. His pardon was asked for by 
 the complainant some time since, and is very 
 earnestly recommended by members of the Legis- 
 lative Committee recently appointed to investigate 
 the State prisons. 
 
264 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 September 17, 1895. George Lawrence. Sentenced September 
 16, 1892; county, Genesee; crime, assault, second degree; maxi- 
 mum term, five years ; prison, State Reformatory. 
 
 Lawrence was convicted of shooting and seriously 
 wounding a boy who was riding by on a freight train. 
 No motive for the act was shown, and there was 
 considerable evidence tending to prove that the gun 
 was discharged accidentally, and without any inten- 
 tion on the part of Lawrence to shoot or injure any 
 person. He was seventeen years old at the time, 
 and until then had always borne a good character. 
 A very strong petition for his pardon has been pre- 
 sented signed by all the jurors. Clemency is also 
 urged by the judge and the district attorney and 
 other leading citizens of Genesee county. 
 
 September 26, 1S95. James J. Smith. Sentenced June 22, 1893; 
 county, Rockland; crime, burglary, third degree; maximum term, 
 five years ; prison, State Reformatory. 
 
 Granted on the petition of many prominent citi- 
 zens of Rockland county, including the judge, the 
 district attorney and the complainants. Smith's 
 character before his conviction was good, and his 
 imprisonment for more than two years has been 
 ample punishment for his offense. 
 
PARDONS 265 
 
 September 26, 1895. John O'Mara. Sentenced February 15, 
 1895 ; county. New York; crime, assault, second degree; term, one 
 year; prison. New Yorlt Penitentiary. 
 
 Recommended by nine of the jurors, also by- 
 Noah Davis, Chauncey M. Depew, Rev. John Hall, 
 Thomas L. James, Mortimer C. Addoms, Robert 
 Hoe, John P. Townsend, Robert E. Bonner, W. B. 
 Marvin and other citizens of New York, many of 
 whom have known the prisoner for years, and certify 
 to his uniform good conduct and peaceable disposi- 
 tion. His guilt seems quite doubtful. He was con- 
 victed on the testimony of the complainant alone, 
 who was contradicted by a number of witnesses on 
 the part of the defense. 
 
 October 8, 1895. Pasquale Bouchette. Sentenced November I, 
 1890 ; county, Westchester ; crime, murder, second degree ; term, 
 life ; prison. Sing Sing. 
 
 Granted on the recommendation of Judge Dyk- 
 man, before whom the prisoner was tried. Upon 
 the trial Bouchette furnished evidence tending to 
 show that in killing the deceased he acted in self- 
 defense. Judge Dykman writes that he then 
 believed, and still believes, that the evidence was 
 true. He says further : " I am satisfied Bouchette 
 would have been killed if he had not slain his 
 assailant, and that he was fully justified in killing 
 him." 
 
266 PUBLIC PAPERS OP GOVERNOR MORTON 
 
 October i6, 1895. Peter Demmer. Sentenced December 12, 
 1894; county, Onondaga ; crime, subornation of perjury ; term, two 
 years ; prison, Onondaga County Penitentiary. 
 
 Execution of the sentence was suspended by direc- 
 tion of the court, the circumstances not seeming to 
 call for actual punishment. A pardon is now recom- 
 mended by the judge, the district attorney, Attorney- 
 General Hancock and other citizens of Syracuse. 
 Demmer is shown to have borne a good character 
 until his conviction. It is not probable that the sen- 
 tence will ever be enforced, and no good purpose can 
 be subserved by keeping him subject to its dis- 
 abilities. 
 
 October 22, 1895. Charles Olders. Sentenced April 10, 1895 ; 
 county, Kings ; crime, injuring railway car ; term, one year; prison, 
 Kings County Penitentiary. 
 
 The prisoner Olders was one of the many men 
 who participated in the disorder incident to the so- 
 called " Trolley-Car Strike " in January last, in the 
 city of Brooklyn. His offense was the throwing of a 
 stone at a street car. The district attorney reports 
 that the evidence before the grand jury was very 
 meagre, and it does not appear that any damage 
 whatever was inflicted by the missile. Olders 
 pleaded guilty and was sentenced to a year's im- 
 prisonment. He is a foreigner with but an imperfect 
 understanding of our laws and customs. He has been 
 confined upwards of six months in prison, and has 
 
PARDONS 267 
 
 doubtless paid a sufficient penalty for a minor offense 
 committed in a time of great public excitement when 
 hundreds of persons were violating the law. The 
 prisoner was undoubtedly largely incited to his act 
 by the turbulence that prevailed about him. 
 
 October 22, 1895. Charles Thomas. Sentenced June 18, 1894; 
 county, Onondaga ; crime, manslaughter, second degree ; term, 
 nine years and three months ; prison, Auburn. 
 
 The prisoner is dying and his friends ask that he 
 may die outside the prison. The application is 
 favored by the judge and the district attorney. 
 
 October 22, 1895. William Anson. Sentenced June 28, 1895 ; 
 county, Herkimer ; crime, petit larceny ; term, six months ; prison, 
 Herkimer County Jail. 
 
 Anson is fourteen years of age. He was induced 
 to take part in the larceny by much older persons. 
 It is his first offense. Until his conviction he was 
 employed in a factory in the city of Amsterdam, 
 where his parents, very respectable people, reside, 
 and employment will be given him in the same fac- 
 tory immediately upon his release. The committing 
 magistrate recommends his pardon, saying that had 
 he known all the circumstances he would have sus- 
 pended sentence. The petition is signed by the 
 mayor and other city officers of Amsterdam and by 
 many citizens. 
 
268 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 October 22, 1895. Thomas Kane. Sentenced October 3, 1894; 
 county, Steuben ; crime, assault, second degree ; term, two years 
 and six months ; prison, Monroe County Penitentiary. 
 
 Kane was convicted with two others, all pleading 
 guilty. His codefendants were fined $100 each. 
 While the circumstances may have justified a more 
 severe sentence in his case, so great a discrimination 
 ought not to have been made. He has now been im- 
 prisoned for more than a year, and the judge and the 
 district attorney think he has been punished enough. 
 
 October 25, 1895. Mary O'Hearn. Sentenced September 11, 
 1895 ; county New York ; crime, selling liquor on Sunday ; term, 
 three months; prison. New York Penitentiary. 
 
 The penalty seems unduly severe for the offense 
 charged, namely, selling ten cents worth of whiskey 
 on Sunday. Two of the justices who sentenced the 
 prisoner strongly urge clemency in her behalf. Her 
 pardon is also recommended by a number of promi- 
 nent citizens of New York. She has received all 
 the punishment that ought to be imposed, having 
 been in prison for more than six weeks. 
 
 October 28, 1895. Elizabeth Cooley. Sentenced June 11,1895; 
 county, Oneida; crime, receiving stolen goods ; term, six months; 
 prison, Oneida County Jail. 
 
 Pardon applied for by the sheriff, the district 
 attorney and other officers of Oneida county. The 
 prisoner is about to be confined and cannot be prop- 
 erly cared for in the jail. 
 
PARDONS 269 
 
 November 13, 1895. George Smith. Sentenced October 16, 
 1891; county, Onondaga; crime, grand larceny, second degree; 
 maximum term, five years ; prison, State Reformatory. 
 
 The prisoner has been punished too severely, 
 having been in confinement six months longer than 
 if he had been sent to the State prison for the maxi- 
 mum term and received the usual commutation. 
 
 November 13, 1895. John J. Gilmore. Sentenced November 13, 
 1891 ; county New Yorlc; crime, burglary, third degree; maximum 
 term, five years ; prison. State Reformatory. 
 
 Gilmore was under parole from February until 
 July, 1893, when he was returned to the Reforma- 
 tory, it being charged that he had committed a 
 further crime. The charge was denied and it seems 
 to be conceded that no legal evidence can be adduced 
 to establish it. At all events the only criminal 
 offense for which he can now be legally or justly 
 punished is the burglary for which he was originally 
 committed to the Reformatory and for that he has 
 received more than ample punishment, having been 
 actually imprisoned only a few days less than the 
 maximum penalty with the usual commutation 
 allowed by the statute ; a penalty more severe than 
 would probably have been imposed by a definite sen- 
 tence for a first offense. 
 
COMMUTATIONS 
 
 February 7, 1895. Patrick Rafferty. Sentenced December 22, 
 1894; county, Westchester; crime, assault, third degree; term, six 
 months ; prison, Kings County Penitentiary. 
 
 Sentence commuted to imprisonment in Kings 
 County Penitentiary for the term of one month and 
 twenty-one days from December 22, 1894. 
 
 Rafferty, a young lad, has been sentenced to the 
 State Reformatory for assault, second degree, his 
 term there to begin at the expiration of his sentence 
 of six months in the penitentiary. It seems wiser to 
 send him to the Reformatory at once rather than 
 after six months' imprisonment among hardened 
 criminals, and the commutation is granted in order 
 to accomplish that result. It is recommended by 
 the magistrate who sentenced Rafferty to the peni- 
 tentiary. 
 
 February 15, 1895. Jacob Engels. Sentenced June 25, 1892; 
 county, Monroe ; crime, burglary, third degree ; maximum term, five 
 years ; prison. State Reformatory ; transferred to Auburn. 
 
 Sentence commuted to imprisonment in the State 
 Reformatory and Auburn prison for the term of two 
 
272 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 years, seven months and eight days, actual time, 
 from July 9, 1892. 
 
 Engels took a harness, worth about $14.00, from 
 the stable of a man with whom he was in the habit 
 of associating, and pawned it for $2.00. The owner 
 recovered it at once and without expense. Engels 
 having pleaded guilty of burglary was sentenced to 
 the Reformatory and was transferred, in August, 
 1893, to Auburn prison. The judge, the district 
 attorney, the complainant and other citizens of 
 Rochester ask that he be released, his punishment 
 having greatly exceeded what was intended when the 
 sentence was pronounced. 
 
 February 19, 1895. Frank Walker. Sentenced November 19, 
 1891 ; county, Allegany; crime, forgery, second degree; terra, six 
 years and nine months ; prison, Auburn. 
 
 Sentence commuted to imprisonment in Auburn 
 prison for the term of four years and five months, 
 subject to commutation, from November 24, 1891. 
 
 The forgery formed part of a conspiracy, the 
 purpose of which was to extort money from the 
 complainant. Two of those charged with complicity 
 in the affair were convicted and sent to State prison. 
 Walker, who was tried first, being sentenced to im- 
 prisonment for six years and nine months, and his 
 accomplice, who was tried something more than a 
 year afterwards, to imprisonment for four years and 
 five months. Walker's guilt was no greater than 
 
COMMUTA TIONS 
 
 273 
 
 that of the other conspirators, and no reason exists 
 for making his punishment any greater; and Judge 
 Norton, who presided at both trials, recommends 
 that his sentence be reduced to correspond with that 
 imposed upon his accomplice. 
 
 In this recommendation the district attorney, 
 who procured both convictions, concurs. The peti- 
 tion is signed by eleven of the jury who convicted 
 Walker, and by other citizens of Allegany county. 
 
 February 20, 1895, George W. Cram. Sentenced January 8, 1895, 
 to be executed; county, New York; crime, murder, first degree. 
 
 Sentence commuted to imprisonment for life in 
 Sing Sing prison. 
 
 From the statement of the case as made by Judge 
 Ingraham, who presided at the trial, and from a care- 
 ful examination of the stenographer's minutes, it is 
 quite clear that although Cram may not have been 
 insane in such a sense as to render him legally irre- 
 sponsible still his mind was seriously impaired and to 
 such an extent as to make it unwise to inflict the 
 death penalty. 
 
 Before he committed the crime he had always been 
 
 a man of excellent character ; he is now old and 
 
 feeble and can live but a short time in any event; 
 
 Judge Ingraham very strongly urges a commutation 
 
 of the sentence ; and in view of all the circumstances 
 
 imprisonment for life will be a safer punishment and 
 
 will fully answer all the demands of justice. 
 18 
 
2 74 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 February 25, 1895. Isaac White. Sentenced January 16, 1895, to 
 be executed; county, Franklin; crime, murder, first degree. 
 
 Sentence commuted to imprisonment for life in 
 Clinton prison. 
 
 The commutation is recommended by Judge Kel- 
 logg, who presided at the trial, by the district attorney 
 who conducted the prosecution and by many citizens 
 of Franklin county, including most of the county 
 officers and members of the bar and practically all 
 the prominent business men of the town of Bombay 
 where the crime was committed. Judge Kellogg 
 after stating the facts of the case says, " It is hardly 
 possible to conceive that one would be guilty of de- 
 liberate murder in the manner in which this was 
 perpetrated, without having some preparations made 
 in advance for the concealment of the crime. 
 
 " There is in fact nothing in the proof which points 
 with any degree of force to any premeditation on the 
 part of White ; while on the other hand there is much, 
 namely, lack of motive, the most friendly relations 
 existing between the parties, lack of preparation for 
 the concealment of the crime — to indicate that the 
 killing was done as the issue of some sudden alterca- 
 tion or controversy between the parties at the very 
 time of the killing. I do not say that there was 
 enough of this character of testimony showing clearly 
 a lack of premeditation to make it the duty of the 
 presiding justice to instruct the jury that they were 
 not authorized to find the degree of crime to have 
 
COMMUTA TIONS 275 
 
 ibeen murder in the first degree. ' The more I have 
 iheught of this matter, however, the more I have be- 
 come firmly convinced that there was a reasonable 
 detubt on the proof presented by the people, that any 
 ipremeditation 'Or deliberation was shown." 
 
 Eebruary 28, 1893. Patrick Beahan. Sentenced February ijr, 
 ■187.6!; county, Momroe-; crime, murder, second degree; term, life; 
 prison. Auburn. 
 
 Sentence commuted to imprisoment in Auburn 
 prison for the term of twenty-five years and ten days, 
 actual time, from February 20, 1870. 
 
 Tie homicide was the result of a fight between 
 Bealian and the deceased. Both men were under the 
 influence of liquor, and the deceased was at least 
 equally to blame with Beahan for the quarrel. There 
 was very little in the case to warrant the inference of 
 an intent to kill, and a conviction of manslaughter 
 would have been more consistent with all the facts. 
 When passing sentence the judge, Hon. T. A. John- 
 son, said he would be willing to recommend a pardon 
 at the proper time if Beahan's conduct in prison 
 showed him worthy of it. The judge is now dead, 
 but clemency is very earnestly recommended by the 
 district attorney who prosecuted the case, by the 
 present district attorney who was an eye witness of 
 the affair, by Judges Davy, Werner and Sutherland 
 and by other prominent citizens of Monroe county. 
 Beahan's character before he committed the crime 
 
276 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 was good, his conduct during his long imprisonment 
 has been exemplary, and his punishment has been 
 sufficient for all purposes of justice. 
 
 March 22, 1895. John Atkinson. Sentenced November, I, 1888 ; 
 county, Onondaga; crime, burglary, first degree; term, nineteen 
 years; prison, Auburn. 
 
 Sentence commuted to imprisonment in Auburn 
 prison for the term of ten years subject to commuta- 
 tion from November 2, 1888. 
 
 Technically the crime may have been burglary, 
 but it seems clear that there was no intent to steal. 
 It was Atkinson's first offense, and Judge Northrup, 
 who presided at the trial, makes the application for 
 clemency, saying that the sentence was altogether 
 too severe, and urging very earnestly that it be re- 
 duced to ten years. The district attorney who con- 
 ducted the prosecution favors the application. 
 
 April I, 1895. John Benton. Sentenced November 17, 1892; 
 county, Genesee; crime, burglary, third degree; term, three years 
 
 and six months ; prison, Erie County Penitentiary. 
 
 ♦ 
 
 Sentence commuted to imprisonment in Erie 
 County Penitentiary for the term of two years, four 
 months and fifteen days, actual time, from November 
 18, 1892. 
 
 The commutation reduces the sentence about three 
 months, and is granted on the application of the dis- 
 trict attorney who had charge of the prosecution. 
 
COMMUTA TIONS 
 
 277 
 
 This was Benton's first offense ; his co-defendant was 
 released by special commutation in November last ; 
 persons dependent upon him are in great need of his 
 support, and immediate employment is promised him. 
 
 April I, 1895. James Warren. Sentenced November 5, 1891 ; 
 county, New York ; crime, grand larceny, first degree ; term six 
 years and six months ; prison, Sing Sing. 
 
 Sentence commuted to imprisonment in Sing Sing 
 prison for three years, four months and twenty-seven 
 days, actual time, from November 6, 1891. 
 
 There is grave doubt as to Warren's guilt. He 
 was a man of good character and the evidence against 
 him was quite weak. But if guilty the sentence was 
 more severe than the nature of the case demanded. 
 The term as commuted is sufficient. 
 
 Aprils, 1895. James Brady. Sentenced May 27, 1889; county. 
 New York ; crime, burglary, second degree ; maximum term, ten 
 years; prison. State Reformatory; transferred to Clinton. 
 
 Sentence commuted to imprisonment in the State 
 Reformatory and Clinton prison for the term of five 
 years ten months and three days, actual time, from 
 June 8, 1889. 
 
 Brady's co-defendant, an ex-convict, was sentenced 
 to the State prison for six years, and was discharged 
 in July, 1893, having earned the commutation 
 allowed for good conduct. A lighter punishment was 
 intended for Brady, and accordingly he was sent to 
 
278 PUBLIC PAPERS OF GOVERNOR MORTON" 
 
 the Reformatory; but the intention of the court 
 seems to have been frustrated by his transfer to the 
 prison, where he must remain until March, 1897, un- 
 less sooner released by executive intervention. The 
 judge and the district attorney recommend that his 
 application for clemency be granted. 
 
 April 8, 1895. Louis Burnasli. Sentenced February 9, 1892; 
 county, Erie ; crime, grand larceny, second degree; maximum term, 
 five years ; prison, State Reformatory ; transferred to Clinton. 
 t 
 
 Sentence commuted to imprisonment in the State 
 Reformatory and Clinton prison for the term of 
 three years, two months and two days, actual time, 
 from February 9, 1892. 
 
 The prisoner stole a watch worth forty dollars, 
 acknowledged his guilt and gave information whereby 
 the watch was recovered. He was then sixteen years 
 old. He remained at the Reformatory about five 
 months and was then transferred to the prison where 
 he has since been. His punishment has been more 
 severe than he deserved and the judge and the dis- 
 trict attorney recommend clemency. 
 
 April 8, 1895. Morris Fischel. Sentenced December 21, 1888; 
 county, New York; crime, forgery, second degree ; maximum term, 
 ten years; prison, State Reformatory; transferred to Clinton. 
 
 Sentence commuted to imprisonment in the State 
 Reformatory and Clinton prison for the term of six 
 
COMMUTA TIONS 2 79 
 
 years, three months and twenty days, actual time, 
 from December 21, 1888. 
 
 Fischel presented a forged order for a tub of but- 
 ter. The forgery was detected at once and he was 
 arrested. No loss accrued to any person. The judge 
 and the district attorney recommend that he be 
 released, having been punished far beyond what the 
 crime merited. 
 
 April 8, 1895. George Brady. Sentenced May 27, 1892 ; county, 
 New York ; crime, grand larceny, second degree ; maximum term, 
 five years ; jfrison, State Reformatory ; transferred to Auburn. 
 
 Sentence commuted to imprisonment in the State 
 Reformatory and Auburn prison for the term of two 
 years, ten months and nine days actual time from 
 June I, 1892. 
 
 Granted on the recommendation of the judge and 
 the district attorney. Brady and two other boys 
 were caught in the act of stealing some copper tub- 
 ing which had been left on the street. Brady pleaded 
 guilty of grand larceny and was sent to the Reforma- 
 tory. The other boys older than he stood trial, were 
 convicted of petit larceny and were sent to the peni- 
 tentiary for six months. Brady's punishment has 
 been altogether out of proportion to the offense 
 and further imprisonment would seem unjust and 
 oppressive. 
 
28o PUBLIC PAPERS OF GOVERNOR MORTON 
 
 April II, 1895. Frank L. Wallace. Sentenced October 20, 1892; 
 county, Erie; crime, grand larceny second degree; maximum 
 term, five years ; prison, State Reformatory; transferred to Auburn. 
 
 Sentence commuted to imprisonment in the State 
 Reformatory and Auburn prison for the term of two 
 years, five months and twenty-one days, actual time, 
 from October 22, 1892. 
 
 The prisoner pleaded guilty to a charge of steal- 
 ing property worth about forty dollars. The judge 
 who sentenced him writes that Wallace was then 
 about twenty years of age, of good appearance and 
 fair education, but a stranger in the city where he 
 was convicted ; that he did not regard him as a 
 proper subject for the penitentiary or the State 
 prison, and, therefore, committed him to the Reform- 
 atory, expecting that he would obtain his discharge 
 within a period of eighteen months ; but that soon 
 after his arrival there he was transferred to the 
 prison for refusing to answer certain questions asked 
 him by the superintendent. His conduct at the 
 prison has been good, and the judge and the district 
 attorney think that he has been more than suffici- 
 ently punished and ought as a matter of justice to be 
 released. His refusal to answer the questions of the 
 Superintendent, while perhaps not strictly justifiable, 
 does not appear, under the circumstances, to have 
 been altogether without excuse, and certainly did 
 not call for unusual severity. But in any view of 
 the case, he has received all the punishment that a 
 
COMMUTA TIONS 2 8 1 
 
 reasonable and proper administration of justice 
 would seem to warrant and ought not to be kept 
 longer in confinement 
 
 April 15, 1895. J. Hiram Arnold. Sentenced June 5, 1891; 
 county, Chautauqua ; crime, arson, second degree; term, seven 
 years and two months; prison, Auburn. 
 
 Sentence commuted to imprisonment in Auburn 
 prison for the term of three years, ten njonths and 
 eight days, actual time, from June 9, 1891. 
 
 Recommended by the judge, the district attorney 
 and other citizens of Chautauqua county. Arnold 
 was convicted of setting fire to a barn. He was 
 tried twice, the first jury disagreeing. Judge Van 
 Dusen, who presided at the last trial, in recommend- 
 ing clemency says, " I had at the time and now have 
 serious doubt of his guilt. His conviction was a 
 great surprise to his counsel and to those generally 
 who had watched the case. At all events he has 
 served long enough." 
 
 April 19, 1895. John E. Marsac. Sentenced April 6, 1894; 
 county, Richmond ; crime, grand larceny, second degree ; term, 
 two years and six months ; prison. Sing Sing. 
 
 Sentence commuted to imprisonment in Sing Sing 
 prison for the term of one year and fourteen days, 
 actual time, from April 7, 1894. 
 
 Granted on the recommendation of judge, jury, 
 district attorney and the complainants. In view of 
 
282 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 the prisoner's previous good character his punish- 
 ment has been sufficient. A wife and child are de- 
 pendent upon him for support and he can obtain 
 employment at once. 
 
 May 13, 1895. John M. Weber. Sentenced May 24, 1887; county, 
 Albany ; crime, burglary, first degree ; term, fourteen years; prison, 
 Clinton. 
 
 Sentence commuted to imprisonment in Clinton 
 prison for the term of seven years, eleven months 
 and thirteen days, actual time, from June 3, 1887. 
 
 The prisoner has less than a year to serve to com- 
 plete his sentence. He was quite young when con- 
 victed of this, his first offense, and the judge, the 
 district attorney and the complainant recommend 
 that his petition for clemency be granted. His asso- 
 ciate who received a severer sentence, being deemed 
 more deserving of punishment, has been already 
 released by special commutation. 
 
 May 22, 1895. Thomas Oke. Sentenced February 9, 1894.; 
 county, Erie ; crime, burglary, third degree ; term, three years and 
 three months ; prison, Erie County Penitentiary. 
 
 Sentence commuted to imprisonment in Erie 
 County Penitentiary for the term of one year, three 
 months and fifteen days, actual time, from February 
 9. 1894. 
 
 Recommended by the judge and the district at- 
 torney ; also by Edgar B. Jewett, Howard H. Baker, 
 
COMMUTA TIONS 283 
 
 Charles Lamy and other prominent citizens of Buf- 
 falo. This being Oke's first offense his punishment 
 has been sufficient; he has a family in need of his 
 support and can secure employment if released. 
 
 May 22, 1895. Joseph Collins. Sentenced September 24, 1891; 
 county, New York; crime, burglary, third degree; maximum term, 
 five years ; prison, State Reformatory, transferred to Auburn. 
 
 Sentence commuted to imprisonment in the State 
 Reformatory and Auburn prison for the term of three 
 years and eight months, actual time, from September 
 24, 1891. 
 
 If Collins had been sentenced to the State prison 
 for five years, the maximum for burglary, third de- 
 gree, he would, with legal commutation, have been 
 discharged a month ago. No commutation is allowed 
 at the Reformatory, but he has earned full commu- 
 tation since his transfer, and the judge and the dis- 
 trict attorney recommend that he be released. 
 
 May 22, 1895. William Rice. Sentenced October 3, 1887; county, 
 Steuben; crime, robbery, third degree; maximum term, ten years; 
 prison, State Reformatory, transferred to Clinton. 
 
 Sentence commuted to imprisonment in the State 
 Reformatory and Clinton prison for the term of 
 seven years, seven months and twenty-one days, 
 actual time, from October 3, 1887. 
 
 Allowance being made for good conduct, the term 
 as commuted is more than a year longer than the 
 
284 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 longest term prescribed for robbery in the third de- 
 gree, and is all that justice will warrant. 
 
 May 22, 1895. Simone De Muzio. Sentenced January 10, 1893; 
 county, Schenectady ; crime, rape ; term, five years ; prison, Clin- 
 ton. 
 
 Sentence commuted to imprisonment in Clinton 
 prison for the term of two years, four months and 
 nine days, actual time, from January 16, 1893. 
 
 Two trials were had in this case, the jury upon 
 the first trial being unable to agree. Judge Cutler, 
 who presided, writes that he was surprised at the 
 conviction, and imposed the lightest sentence pre- 
 scribed by the statute. Both he and the district at- 
 torney are firmly convinced of the prisoner's inno- 
 cence, and unite in asking that his petition be granted. 
 
 May 22, 1895. Rudolph Metzal. Sentenced March 5, 1891; 
 county, New York; crime, forgery, second degree; maximum term, 
 ten years ; prison, State Reformatory, transferred to Auburn. 
 
 Sentence commuted to imprisonment in the State 
 Reformatory and Auburn prison for the term of four 
 years, two months and nineteen days, actual time, 
 from March 5, 1891. 
 
 Metzal signed his "Employer's name to a check for 
 fifty-five dollars, the amount due him for wages, and 
 presented it at the bank. Payment was refused and 
 he was arrested. The judge and the district attorney 
 
COMMUTATIONS 285 
 
 recommend clemency, saying that he has served as 
 full a term as would have been imposed had the sen- 
 tence been for a definite period. 
 
 May 22, 1895. Frank Hedger. Sentenced February 24, 1892; 
 county, Oswego; crime, assault, second degree; maximum term, 
 five years ; prison, State Reformatory, transferred to Clinton. 
 
 Sentence commuted to imprisonment in the State 
 Reformatory and Clinton prison for the term of 
 three years, three months and one day, actual time, 
 from February 24, 1892. 
 
 Recommended by the district attorney on the 
 ground of doubt as to the prisoner's guilt. But if 
 guilty his punishment has been more than sufficient. 
 
 May 22, 1895. Charles Hopkins, sentenced June 28, 1889; 
 county, Onondaga; crime, burglary and larceny after felony; term 
 fourteen years ; prison. Auburn. 
 
 Sentence commuted to imprisonment in Auburn 
 prison for the term of five years, ten months and 
 twenty seven days, actual time, from June 28, 1889. 
 
 The sentence was too severe and is commuted on 
 the recommendation of Judge Northrup, before 
 whom the prisoner was tried. 
 
 May 23, 1895. Charles Fitzgerald. Sentenced March 15, 1892; 
 county, New York ; crime, burglary, third degree ; maximum term, 
 five years ; prison, State Reformatory, transferred to Auburn. 
 
 Sentence commuted to imprisonment in the State 
 Reformatory and Auburn prison for the term of 
 
286 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 three years, two months and ten days, actual time, 
 from March 15, 1892. 
 
 Recommended by the judge and the district attor- 
 ney. Fitzgerald was only 16 years old when he was 
 sent to the Reformatory, and if allowed the usual re- 
 duction for good conduct, has served almost the 
 maximum term for the crime of which he was con- 
 victed, a punishment much greater than the circum- 
 stances warranted. 
 
 June II, 1895. Charles F. Wilson. Sentenced September 24, 
 1894, to be executed; county, Onondaga; crime, murder, first 
 degree. 
 
 Sentence commuted to imprisonment for life in 
 Auburn prison. 
 
 Charles F. Wilson was jointly indicted with his 
 brother Lucius for killing James Harvey, a police 
 officer of the city of Syracuse, on the 31st day of 
 July, 1893. It was conceded on the trial that the 
 shot which killed Harvey was fired by Lucius Wil- 
 son while the brothers were attempting to escape 
 from the officer who had them under arrest ; but 
 Charles was convicted under a charge by the judge 
 to the effect that if the shooting was in pursuance 
 of any agreement previously made between the two 
 brothers to resist, to the taking of human life if 
 necessary, any attempt to arrest or detain them the 
 jury would be justified in finding Charles guilty as 
 if he personally had fired the shot. Although the 
 
CO MM U TA TJONS 287 
 
 judgment was affirmed by the Court of Appeals, the 
 sufficiency of the evidence to sustain a conviction 
 upon the ground stated in the charge was seriously 
 questioned. Three of the judges were of the opinion 
 that the evidence furnished no sufficient basis for 
 the charge given and were in favor of reversing the 
 judgment for that reason. With such a division of 
 the court upon the main question the case is clearly 
 a proper one for relief from the extreme penalty of 
 the law. Chief Judge Andrews, of the Court of 
 Appeals, Justices McLennan and Vann, of the 
 Supreme Court, and many leading members of the 
 bar of Onondaga county, recommend that the sen- 
 tence be commuted to imprisonment for life. 
 
 July 16, 1895. Antonio Glielini. Sentenced June 4, 1891; county, 
 Onondaga ; crime, murder, second degree ; term, life ; prison, 
 Auburn. 
 
 Sentence commuted to imprisonment in Auburn 
 prison for the term of fifteen years, subject to com- 
 mutation, from June 5, 1891. 
 
 The prisoner appears to have been a peaceable 
 man of good character and the crime was committed 
 under circumstances of great provocation, rendering 
 life imprisonment altogether too severe a punish- 
 ment. The sentence is commuted on the recom- 
 mendation of Judge Kennedy, who presided at the 
 trial, of Attorney-General Hancock, who as district 
 
288 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 attorney had charge of the prosecution, of J. J. 
 Belden, E S. Dawson, C. T. Rose, Frank Hiscock, 
 W. B. Kirk and other leading citizens of Syracuse. 
 
 July i6, 1895. John Weissenberg. Sentenced December 29, 
 1892; county, Niagara; crime, burglary, third degree, second 
 offense ; term, five years ; prison, Auburn. 
 
 Sentence commuted to imprisonment in Auburn 
 prison for the term of two years, six months and 
 eighteen days, actual time, from December 30, 1892. 
 
 Recommended by the judge and the district 
 attorney. The prisoner has furnished valuable in- 
 formation to the police authorities of the city of 
 Lockport with the understanding that he should be 
 recommended for clemency. 
 
 September 17, 1895. John Wagner. Sentenced December 27, 
 1894. ; county, Erie; crime, grand larceny; first degree; term, two 
 years; prison, Erie County Penitentiary. 
 
 Sentence commuted to imprisonment in Erie 
 County Penitentiary for the term of one year, actual 
 time, from December 27, 1894. 
 
 Recommended by judge, district attorney, nine of 
 the jurors and other citizens. In view of the limited 
 part Wagner took in the commission of the crime 
 and of his previous good character, imprisonment for 
 one year will be enough. 
 
COMMUTATIONS 289 
 
 September 26, 1895. Edward F. Gaynor. Sentenced January 25, 
 1895 ; county, Cayuga ; crime, petit larceny; term, one year ; prison, 
 Cayuga County Jail. 
 
 Sentence commuted to imprisonment in Cayuga 
 County Jail, for the term of ten months, actual time, 
 from January 25, 1895. 
 
 The sheriff reports Gaynor's conduct during im- 
 prisonment to have been excellent and recommends 
 that the commutation of two months which he might 
 have earned in a penitentiary or State prison be 
 allowed him. 
 
 October 7, 1895. John Bunyan. Sentenced November 24, 1893 ; 
 county, New York; crime, attempt to commit grand larceny, second 
 degree ; term, two years and four months ; prison, Sing Sing. 
 
 Sentence commuted to imprisonment in Sing Sing 
 prison, for the term of one year, five months and 
 twenty days, actual time, from April 24, 1894. 
 
 Bunyan is ill with consumption and cannot live out 
 the remaining five months of his term. The warden 
 asks for his pardon. 
 
 October 8, 1895. Joseph Mayette. Sentenced May 16, 1893; 
 county, Wayne ; crime, grand larceny, second degree ; maximum 
 term, five years ; prison. State Reformatory, transferred to Auburn. 
 
 Sentence commuted to imprisonment in the State 
 Reformatory and Auburn prison, for the term of two 
 years, four months and twenty-four days, actual time, 
 from May i6, 1893. 
 
 Within three months after his sentence Mayette 
 was transferred to Auburn prison, not on account of 
 19 
 
290 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 any misconduct at the Reformatory, but because the 
 managers deemed it advisable. The district attorney 
 recommends a pardon, saying that the offense was of 
 minor character for which the punishment has been 
 more than sufficient. 
 
 Octobers, 1895. Silas Keyser. Sentenced April 19, 1877; county, 
 Ulster; crime, arson, first degree; term, life; prison, Clinton, 
 
 Sentence commuted to imprisonment in Clinton 
 prison for the term of eighteen years, five months 
 and seventeen days, actual time, from April 24, 1877. 
 
 When the crime was committed, imprisonment for 
 life was the only punishment provided by law for 
 arson in the first degree. Since then the legislature 
 has reduced the penalty to imprisonment for a term 
 not less than ten years. While the circumstances of 
 this case were of such a character as to demand 
 punishment of considerable severity, still as no per- 
 sonal injury was inflicted, imprisonment for life 
 seems excessive, and the prisoner ought in justice to 
 receive some benefit from the change in the law. A 
 sentence for thirty years would have been quite 
 sufficient and with the usual reduction would have 
 expired before this time. 
 
COMMUTA TIONS 29 1 
 
 October 8, 1895. George R. Patterson. Sentenced June 17, 
 1889; county, Monroe; crime, robbery, second offense ; term, sixteen 
 years; prison. Auburn. 
 
 Sentence commuted to imprisonment in Auburn 
 prison for the term of ten years, subject to commuta- 
 tion from March 28, 1890. 
 
 The judge and the district attorney are of the 
 opinion that imprisonment for the term to which the 
 sentence is commuted will be sufficient. 
 
 October 8, 1895. Edgar M. Lyon. Sentenced December 7, 1893 ; 
 county, Onondaga ; crime, grand larceny, second degree ; term, three 
 years ; prison, Onondaga County Penitentiary. 
 
 Sentence commuted to imprisonment in Onondaga 
 County Penitentiary for the term of two years and 
 six months subject to commutation from December 
 9, 1893. 
 
 A reduction of six months is granted on the 
 recommendation of the district attorney and of many 
 citizens of Weedsport where the prisoner formerly 
 lived. His conduct during imprisonment has been 
 excellent and fully warrants the belief that a thorough 
 reformation has been effected and that he will refrain 
 hereafter from violating the law. 
 
292 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 October 8, 1895. Nicholas Colossi. Sentenced September 30. 
 1892; county, New York; crime, forgery, second degree; term, five 
 years; prison, Sing Sing. 
 
 Sentence commuted to Imprisonment in Sing Sing 
 prison for the term of three years and nine days, 
 actual time, from October i, 1892. 
 
 This having been the prisoner's first offense, com- 
 mitted when he was but 19 years of age, the sentence 
 seems somewhat excessive. The term already served 
 with time allowed for good behavior is equal to four 
 years and is all that justice requires. The judge, the 
 complainant and others recommend clemency. 
 
 October 8, 1895. George H. Newton. Sentenced October 30, 
 1883; county, Ontario; crime, robbery; term, fifteen years; prison, 
 Auburn. 
 
 Sentence commuted to imprisonment in Auburn 
 prison for the term of twelve years, actual time, 
 from October 30, 1883. 
 
 By escaping from the prison during the second 
 year of his term Newton forfeited half the commuta- 
 tion of five years and seven months which he might 
 have earned by good behavior. The escape does 
 not appear to have been previously planned, but to 
 have been made on the impulse of the moment, and 
 in effecting it Newton did but little more than walk 
 away from the place where he had been at work. 
 After an absence of about five months he returned 
 
COMMUTA TIONS 
 
 293 
 
 voluntarily, and since then his conduct has been in 
 every way commendable. 
 
 He asks that the unserved portion of the forfeited 
 commutation, about nine months, be' restored, and 
 in view of the circumstances attending the escape, 
 and of his conduct afterwards, it is deemed just to 
 grant his petition. 
 
 October 8, 1895. Emil Schader. Sentenced August 24, 1894; 
 county, New York ; crime, burglary, third degree ; term, three years 
 and eight months ; prison, Sing Sing. 
 
 Sentence commuted to imprisonment in Sing Sing 
 prison for the term of one year, one month and six- 
 teen days, actual time, from August 25, 1894. 
 
 Recommended by judge and district attorney. 
 The prisoner is quite ill and cannot recover. 
 
 October 22, 1895. Morris Spiegel. Sentenced December 27, 
 1892; county, New York; crime, presenting fraudulent claim 
 against an insurance company;, term, three years and six months; 
 prison. Sing Sing. 
 
 Sentence commuted to imprisonment in Sing Sing 
 prison for the term of one year, actual time, from 
 October 25, 1894. 
 
 In view of the prisoner's previous good character, 
 and of the fact that no actual loss resulted from the 
 crime of which he was convicted, imprisonment for 
 the term of one year is deemed a sufficient punish- 
 
294 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 ment. Eleven of the jury and many other reputable 
 citizens of New York petition for his release. 
 
 October 28,1895. William Scovill. Sentenced October 4, 1892; 
 county, Steuben ; crime, assault, first degree ; term, seven years 
 and six months; prison, Auburn. 
 
 Sentence commuted to imprisonment in Auburn 
 prison for the term of three years and twenty-three 
 days, actual time, from October 7, 1892. 
 
 The sentence was more severe than the circum- 
 stances demanded. No one was injured by the 
 prisoner's act, and the question as to his intent is 
 not altogether free from doubt. The judge and the 
 district attorney regard the case as a proper one for 
 clemency. 
 
 November 12, 1895. James H. Standish. Sentenced August 27, 
 1874; county, Saratoga ; crime, murder, second degree ; term, life; 
 prison, Clinton. 
 
 Sentence commuted to imprisonment in Clinton 
 prison for the term of thirty-five years and three 
 months, subject to commutation from August 27, 
 1874. 
 
 The jury seem to have dealt quite harshly with the 
 prisoner in convicting him of murder. It appeared 
 from the evidence that a sudden quarrel arose be- 
 tween him and the deceased, and coming finally to 
 blows, he struck the deceased on the head with a flat- 
 iron, which happened to be within reach, killing him. 
 
COMMUTA TIONS 
 
 295 
 
 In a legal sense the verdict was probably justified by 
 the evidence, but there was in fact but little ground 
 for the inference of an intent to kill. Judge Landon, 
 before whom the trial was had, regards the case as a 
 proper one for clemency. Until his conviction, 
 Standish had always been a man of good character, 
 and in view of all the circumstances, has received all 
 the punishment deserved for his offense. 
 
 November 12, 1895. John V. Alexander. Sentenced June 28, 
 1894; county. New York ; crime, grand larceny, second degree; 
 term, four years ; prison. Sing Sing. 
 
 Sentence commuted to imprisonment in Sing Sing 
 prison for the term of one year, three months and 
 twenty days, actual time, from July 24, 1894. 
 
 It was charged against Alexander that while taking 
 possession of property under a chattel mortgage he 
 feloniously took and carried away certain articles of 
 clothing not included in the mortgage. The articles 
 referred to were of comparatively little value, and 
 upon a careful examination of the evidence the in- 
 tention wrongfully to appropriate property not mort- 
 gaged seems very doubtful. It appeared on the trial 
 that Alexander's proceedings in enforcing the mort- 
 gage were exceedingly and unnecessarily oppressive, 
 and this may have excited some prejudice against 
 him. The commutation is fully justified by the doubt 
 as to his guilt. 
 
2q6 public papers of governor MORTON 
 
 November 26, 1895. Thomas Kerrigan. Sentenced January 22, 
 1895, to be executed; county, New York; crime, murder, first 
 degree. 
 
 Sentence commuted to imprisonment for life in 
 Sing Sing prison. 
 
 The conviction was affirmed by the Court of Ap- 
 peals, no error being disclosed by the record, and 
 the evidence being legally sufficient to sustain the 
 verdict; but it is clearly to be inferred from the 
 opinion of the court that the judges regarded the 
 case as a proper one for executive intervention. 
 
 It appears from the evidence that in killing the 
 deceased Kerrigan acted under great provocation, 
 and although this circumstance could not legally 
 change the character of the offense, it is one which 
 ought to be taken into account in determining the 
 punishment. After a careful consideration of all the 
 facts it has been deemed just to commute the sen- 
 tence to imprisonment for life. 
 
 December 4, 1895. Frank Clapper. Sentenced December 8, 
 1892; county, Otsego; crime, arson, second degree; term, six 
 years and six months ; prison, Auburn. 
 
 Sentence commuted to imprisonment in Auburn 
 prison for the term of two years, eleven months and 
 seven days, actual time, from December 30, 1892. 
 
 Recommended by judge and district attorney. 
 Clapper has served the greater portion of his sen- 
 tence, and is dangerously ill with but little prospect 
 of recovery. 
 
COMMUTA TIONS 
 
 297 
 
 December 4, 1895. Walter H. Blohm. Sentenced November, 
 10, 1893; county. New York; crime, grand larceny, second degree; 
 term, three years and two months; prison. Sing Sing; transferred 
 to Auburn. 
 
 Sentence commuted to Imprisonment in Sing Sing 
 and Auburn prisons for the term of two years and 
 twenty-six days, actual time, from November, 10, 
 
 1893. 
 
 This was Blohm's first offense. With the commu- 
 tation earned by good conduct his term will expire in 
 April next. Soon after his arrival at the prison he 
 began to have convulsions, which have continued at 
 intervals ever since, and he is now so much reduced 
 by sickness as no longer to have the use of his lower 
 limbs. Therd is no probability of his recovering and 
 he asks that he may be removed to a hospital in the 
 city of Auburn, where he can be cared for during 
 the short time he has to live. The warden and the 
 prison physician very earnestly recommend that his 
 petition be granted. 
 
 December 11, 1895. Howard L. Bains. Sentenced October 9, 
 1893; county. New York; crime, grand larceny, first degree; term, 
 four years ; prison. Sing Sing. 
 
 Sentence commuted to imprisonment in Sing Sing 
 prison for the term of two years, two months and 
 three days, actual time, from October 10, 1893. 
 
 Bain misappropriated part of the funds of the 
 bank of which he was cashier and pleaded guilty to 
 
298 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 the indictment found against him. His excellent char- 
 acter before this one wrongful act is abundantly at- 
 tested by many leading bankers and business men of 
 New York, including most of the directors and prin- 
 cipal stockholders of the defrauded bank, who unite 
 in a very urgent appeal for clemency. His family 
 have been left penniless and wholly without means 
 of support by reason of his imprisonment, and he 
 can obtain employment immediately which will enable 
 him to provide for them. Upon a consideration of 
 all the facts it is believed that the petition may be 
 granted without prejudice to the interests of justice. 
 
 December 11, 1895. Charles H. Laurence. Sentenced June 28, 
 1892; county, Niagara; crime, grand larceny, first degree; term, 
 two years and five months; prison, Auburn. 
 
 Sentence commuted to imprisonment in Auburn 
 prison for the term of one year, two months and 
 twenty-one days, actual time, from September 26, 
 1894. 
 
 The judgment of conviction was reversed by the 
 General Term, but afterwards affirmed by the Court 
 of Appeals. The commutation, granted on the 
 recommendation of the judge and other prominent 
 citizens of Niagara county, gives Laurence credit as 
 part of his sentence for the time he was in confine- 
 ment in the county jail while the appeal was pending. 
 
COMMUTATIONS 299 
 
 December 16, 1895. Frank W. Clark. Sentenced December 23 
 1890; county, New York; crime, forgery, second degree ; term, ten 
 years ; prison, Sing Sing. 
 
 Sentence commuted to imprisonment in Sing Sing 
 prison for the term of six years and three months, 
 subject to commutation, from December 19, 1892. 
 
 On the recommendation of Judge Cowing, who 
 imposed the sentence, the prisoner is allowed as part 
 of his term the time he was detained in the city 
 prison awaiting the decision of the appellate court. 
 
 December 17, 1895. Amedee Bigot. Sentenced December 21, 
 1883; county. New York; crime, murder, second degree; term, 
 life; prison. Sing Sing. 
 
 Sentence commuted to imprisonment in Sing Sing 
 prison for the term of eleven years, eleven months 
 and twenty-five days, actual time, from December 
 26, 1883. 
 
 Soon after the homicide a commission appointed 
 by the court reported that Bigot was insane, where- 
 upon he was committed to the State Asylum for the 
 Insane at Middletown where he remained under 
 treatment for about two years, and it then appearing 
 that he had sufficiently recovered his reason, he was 
 tried on an indictment for murder in the first degree 
 and convicted of murder in the second degree, the 
 verdict being accompanied with a recommendation of 
 mercy. Insanity was the only defense and there was 
 
300 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 much in the circumstances to support it. Dr. Selden 
 H. Talcott, Medical Superintendent of the Middle- 
 town Asylum, writes that he is convinced from his 
 knowledge of the case and of Bigot's condition when 
 admitted that the prisoner was insane and wholly 
 irresponsible at the time of the homicide. It also 
 appears that he is now ill and quite feeble and in all 
 probability cannot live long. Upon a consideration 
 of all the facts it is deemed just to release him. 
 
 December 20, 1895. Max Erdtman. Sentenced April 7, 1893; 
 county, Kings; crime, grand larceny, second degree; term, four 
 years and six months ; prison, Kings County Penitentiary. 
 
 Sentence commuted to imprisonment in Kings 
 County Penitentiary for the term of two years, eight 
 months and fifteen days, actual time, from April 7, 
 1893. 
 
 A little more than six months is deducted from 
 the sentence which was somewhat severe for a first 
 offense. Erdtman's previous character was good. He 
 has been sufficiently punished. He has a large family 
 in great need of his support and the district attorney 
 recommends that his application for clemency be 
 granted. 
 
COMMUTA TIONS 
 
 301 
 
 December 20, 1895. William J. Walsh. Sentenced April 7, 1893; 
 •county, Kings ; crime, assault, second degree ; term four years and 
 ten months ; prison, Sing Sing, transferred to Clinton. 
 
 Sentence commuted to imprisonment in Sing Sing 
 and Clinton prisons for the term of four years, subject 
 to commutation from April 7, 1893. 
 
 The commutation is granted so as to allow as part 
 of the sentence the time Walsh was in jail awaiting 
 trial. 
 
 December 24, 1895. George M. Nisbett. Sentenced February 
 21, 1893; county, New York; crime, forgery, second degree; term, 
 live years; prison. Sing Sing. 
 
 Sentence commuted to imprisonment in Sing Sing 
 prison for the term of two years, ten months and 
 two days, actual time, from February 24, 1893. 
 
 Recommended by the judge, the district attorney 
 Tvho procured the conviction, the complainants and 
 all other parties whose rights or interests could have 
 been in any way affected by the prisoner's act. With 
 the time earned by good conduct Nisbett has served 
 nearly four years of his sentence ; this was his first 
 •offense ; no loss accrued to any person and all the 
 purposes of punishment seem to have been accom- 
 plished. 
 
302 PUBLIC PAPERS OF GOVERNOR MORTON 
 
 December 28, 1895. Daniel L. Mahoney. Sentenced March 10, 
 1893; county, Richmond; crime, arson, third degree; term, six years; 
 prison, Sing Sing. 
 
 Sentence commuted to imprisonment in Sing Sing 
 prison for the term of two years, nine months and 
 twenty days, actual time, from March 11, 1893. 
 
 Granted on the recommendation of the judge, the 
 district attorney, the jury and many other citizens of 
 Richmond county. The punishment already inflicted 
 has been sufficient in view of all the circumstances of 
 the case. 
 
RESPITES 
 
 April 22, 1895. Robert W. Buchanan. Sentenced August 14, 
 1893, to be executed ; crime, murder, first degree ; county, New 
 York. 
 
 Respite granted until May i, 1895, on the applica- 
 tion of the prisoner's wife. 
 
 May I, 1895. Robert W. Buchanan. Further respite until May 
 8, 1 895. 
 
 It is claimed on behalf of the prisoner that execu- 
 tion of the sentence is stayed by an appeal taken by 
 him to the United States Supreme Court from an 
 order denying a motion for a writ of habeas corpus. 
 The district attorney denies that an appeal has been 
 taken and asks that a respite for one week be 
 granted so that all doubt in regard to the matter 
 may be removed and the necessity of obtaining a 
 re-sentence be avoided. 
 
 December 17, 1895. Bartholomew Shea. Sentenced July 5, 1894, 
 to be executed ; crime, murder, first degree ; county, Rensselaer. 
 
 Respite granted until January 7, 1896. Shea's 
 relatives ask that the execution may not occur in 
 Christmas week. 
 
INDEX 
 
 MESSAGES 
 To the Legislature : page 
 
 annual , 
 
 3 
 
 Certifying to necessity of passage of : 
 
 Appropriation bill (A. I. 1752) 119 
 
 Brooklyn and Kings county consolidation bill (S. 1455) 117 
 
 Regulation of the Civil Service bill (S. I. 1373) 118 
 
 Supplemental Supply bill (A. 2794) 120 
 
 Chickamauga Military park, relating to the 69 
 
 Cotton States International Expositipn, relating to the 89 
 
 Newr York criminal courts and police, relating to 73 
 
 MISCELLANEOUS 
 
 Addresses : 
 
 Old Guard, on the occasion of the installation of officers of the. . . 219 
 Peace Hath Her Victories — at the dedication of the Military 
 
 park at Chattanooga 221 
 
 Barnard, Justice, assigned to duty in the Supreme Court 42, 43 
 
 Board of Claims to have jurisdiction in the Linus Jones Peck case 
 
 (A. 1705) 85 
 
 Buchanan, denial of respite in the case of w loi 
 
 Civil service, classification of the 98 
 
 Cheektowaga nuisances : 
 
 examination of ordered 176 
 
 order directing abatement of 201 
 
 Clinchy, inspector of gas meters, matter of : 
 
 notice and summons 123 
 
 appointment of commissioner 177 
 
 Correspondence ; 
 
 Kings county insane asylums, relating to 227 
 
 Kings county judge, relating to the 225 
 
 Inheritance taxation, relating to 234 
 
 Troy and its police and the attorney-general 237 
 
 Rensselaer county and the attorney-general 239 
 
 20 
 
3o6 INDEX 
 
 Correspondence — {Continued) page 
 
 American Chamber of Commerce at Paris, telegram to 240 
 
 Veterans and tlie public service, relating to 241 
 
 Armenian sympathy meeting, telegram to the 243 
 
 Insurance companies in Prussia, relating to American 244 
 
 Canadian frontier, relating to railroad blasting on the 246 
 
 Designation of justices to the Appellate Divisions, Supreme Court : 
 
 Justice Van Brunt, Presiding First Department 47 
 
 Justice Barrett, Associate First Department 48 
 
 Justice Ingraham, Associate First Department 49 
 
 Justice Patterson, Associate First Department 50 
 
 Justice O'Brien, Associate First Department 51 
 
 Justice Dwight, Associate First Department 52 
 
 Justice Williams, Associate First Department 53 
 
 Justice Brown, Presiding Second Department 182 
 
 Justice Cullen, Associate Second Department 183 
 
 Justice Pratt, Associate Second Department 184 
 
 Justice Bartlett, Associate Second Department 185 
 
 Justice Parker, Presiding Third Department 186 
 
 Justice Landon, Associate Third Department 187 
 
 Justice Putnam, Associate Third Department . . 188 
 
 Justice Herrick, Associate Third Department i8g 
 
 Justice Hardin, Presiding Fourth Department igo 
 
 Justice Rumsey, Associate Fourth Department 191 
 
 Justice Follett, Associate Fourth Department 192 
 
 Justice Adams, Associate Fourth Department 193 
 
 Justice Green, Associate Fourth Department 194 
 
 Justice Merwin, Associate Third Department 206 
 
 Justice Rumsey, Associate First Department 214 
 
 Extraordinary Oyer and Terminer for Albany, appointment of an. . . 178 
 
 Extraordinary Special Term at New York, appointment of an 180 
 
 Griffing, county clerk, matter of : 
 
 notice and summons 121 
 
 notice and summons (second) ig5 
 
 Lathrop, Superintendent of State Prisons, matter of: 
 
 notice and summons i8i 
 
 appointment of commissioner ig^ 
 
 Attorney-General to conduct inquir)' ' 205 
 
 Memorandum filed with Linus Jones Peck claim bill (A. 1709) 85 
 
 Memoranda filed with approved bills : 
 
 West Troy, for a new police at (A. I. 304) 60 
 
 normal school building at Geneseo, for a (A. 33) 67 
 
 , relief of Tioga county, for the (A. 779) 71 
 
 guarantors and sureties, relative to (S. 327) 77 
 
 Mt. Vernon, amending the charter of (A. 592) 82 
 
 horse racing, to regulate, and to establish a racing commission 
 
 (A. 1829, 2054, 2712 ; S. 1198) 110 
 
INDEX 
 
 307 
 
 PAGE 
 
 Newtown nuisance, order directing abatement of qi 
 
 Preston, Superintendent of Banks, matter of : 
 
 notice and summons ing 
 
 dismissal of charges against 207 
 
 opinion in the same 208 
 
 Queens County Excise Commissioner, approval of order remov-. 
 
 ing 46 
 
 Ward, Justice, designated to the General Term 45 
 
 PROCLAMATIONS 
 
 Public schools centennial 87 
 
 Reward for capture of convict Perry 97 
 
 Thanksgiving igg 
 
 VETOES 
 
 Albany County Judge and Surrogate, to fix salaries of (A. 2496) 155 
 
 Albany, relating to certain assessments in the city of (A. 2514) 172 
 
 Albany, relating to fees in justices' courts of city of (A. 1816) 170 
 
 Albany, to amend the act to establish a police pension fund in the 
 
 city of (A. 2515) 172 
 
 Appropriation bill, items in the (A. 2810) 126 
 
 Appropriations for ; 
 
 armory at Ogdensburg (A. I. 151) 54 
 
 armory at Buffalo (S. 423) 131 
 
 armory at Hudson (A. 113) ; 158 
 
 armory at Sing Sing (A. 2614) 156 
 
 armory at Whitehall (A. 580) 66 
 
 Assembly financial clerk (A. 2800) 123 
 
 canal bridge at Rome (S. 1406) 161 
 
 canal locks at Lockport (A. 1764) 129 
 
 Genesee river, for a state dam in the (S. 241) 134 
 
 Hudson river breakwater at Greenbush (A. 2810) 126 
 
 normal school at Jamaica (S. 875) 160 
 
 normal school at Millerton (A. 1433) 152 
 
 Panama Railway Co. (A. 2810) 126 
 
 reimbursement of certain Supreme Court Justices, (S. 1174) 161 
 
 rifle range in Oswego armory (A. 2800) 123 
 
 architecture, to regulate the practice of (A. 2494) 155 
 
 Assembly financial clerk, appropriation for the (A. 2800) 123 
 
 Assessments of propert)', to fix the place of (A. 2779) 157 
 
 Bates, Mary T. , for the relief of (A. 1603) 169 
 
 Board of Claims to hear claim of 
 
 James M. Ruso (A. 1977) 154 
 
 The Silversmiths' company (A. 1141) 160 
 
308 INDEX 
 
 Brooklyn : page 
 
 as to the Board of Audit (A. 1779) ... 170 
 
 as to arrears (A. 1735) 169 
 
 dividing into three the department of city works of (A. 1927) . . . 158 
 
 for acquisition of land for public park in (A. 2752) 173 
 
 relating to city clerk (A. 1259) ^5^ 
 
 relating to police and excise (S. 655) 174 
 
 relating to Lewis avenue in (A. 521) 158 
 
 to annex the town of Flatlands to (S. 1383) 175 
 
 Buffalo : 
 
 for an armory at (S. 423) 131 
 
 to amend charter of ^S. 644) I73 
 
 to amend charter of (A. 2324) 158 
 
 Civil Procedure, to amend the Code of, as to: 
 
 exceptions (A. 2741) 157 
 
 entry of judgment (A. 2571) 156 
 
 lis pendens (S. 1095) 160 
 
 lis pendens (A. 4342) 155 
 
 surrogate's costs (A. 2637) 157 
 
 College Point, Queens county, to amend charter of (S. 1262) r5i 
 
 Columbia county clerk's office hours, relating to the (A. 2742) 157 
 
 Consolidated school law, the, as to school commissioners' districts, to 
 
 amend the (A. 2767) 157 
 
 Copies, chapter 18 of the general laws, amending as to (A. 2383) 155 
 
 County law as to fire districts, to amend the (A. 1414) 152 
 
 County law as to bridges, to amend the (S. 536) 115 
 
 Criminal Procedure, to amend the Code of (S. 1186) 175 
 
 Davis voting machine, to authorize use of the (A. 2694) 159 
 
 Elevated railroads, to regulate public travel upon (A. 2760) 159 
 
 Employment bureaus, to authorize the formation of free (A. 1758). . . . 170 
 
 Equalization of taxes, relating to the (S. 1127) 160 
 
 Game law, amending as to black and Oswego bass (A. 2057) 154. 
 
 General corporation law, amending as to use of same name (A. 2601). 156 
 
 Genesee river, for a State dam on the (S. 241) 134 
 
 "Gold cure " in prisons, to introduce the (A. 1615) 152 
 
 Greenbush, for a breakwater in the river at (A. 2810) 126 
 
 Highways, amending chapter ig of the general laws (A. 2539) 155 
 
 Highways, amending chapter 19 of the general laws A. 2619) 156 
 
 Highways, amending chapter 19 of the general laws (S. 1165) 161 
 
 Horse-shoeing, to regulate the practice of (A. 1788) 153 
 
 Hudson, for an armory at (A. 113) 158 
 
 Insurance law, to amend the (A. 2621) 156 
 
 Jamaica, Normal School at, for a (S. 875) 160 
 
 Jewess Theological Seminary Association, for the relief of the (A. 2418) 162 
 
 Kings County Charities Commission, to reorganize the (A. 1200) 103 
 
 Kings county roads, to alter commissioner's map of (1168) 161 
 
 Lockport, for twin canal locks at (A. 1766) 129 
 
INDEX 
 
 309 
 
 PAGE 
 
 Long Island City, for street improvements in (S. 1185) 175 
 
 Long Island City, to amend the charter of (A. 723) 168 
 
 Mt. Vernon, to amend the charter of (S. goi) 164 
 
 Mt. Vernon, to amend the charter of (A. 2062) 163 
 
 Manhattan State Hospital, to establish the (A. 2348) 139 
 
 Mechanics and others, for the protection of (A. 2564) 156 
 
 Metropolitan Post-Graduate School of Medicine, to create the (A.1941) 154 
 
 Military instruction in public schools, to provide for (S. 1270) 161 
 
 Nautical School, to provide for a State (S. 770) 160 
 
 New York city and county: 
 
 amending charter as to street obstructions (S. 1367) 175 
 
 amending charter as to {S. 1322) 161 
 
 amending charter as to jurors (A. 2446) 172 
 
 amending charter as to Common Council (A. 2077) 170 
 
 amending charter as to street cleaning (A. 2301)- 171 
 
 amending charter as to Park police (A. 1351) 169 
 
 amending charter as to police department (A. 2534) 172 
 
 amending the law providing for a draw bridge over the Harlem 
 
 River in (A. 2445) 171 
 
 for acquisition of lands for public use in (S. 549^ 159 
 
 to amending act for a bridge over the Mott Haven canal (S. 876). 174 
 regulating the compensation of police surgeons or door men in 
 
 (A. 2744) 173 
 
 relating to filing of business plans in (A. 2791) 173 
 
 Niagara River water power at Buffalo, to develop (A. 2561) 164 
 
 Niagara Falls, to amend charter of (S. 1181) 174 
 
 Normal School at Millerton, for a (A. 1433) ,. 152 
 
 Ogdensburg, for an armory at (A. I. 151) 54 
 
 Oswego armory, for rifle range in the (A. 2800) 123 
 
 Owasco, Cayuga Co., for special officers in (A. i8g8) 154 
 
 Panama Railway Co;npany, to reimburse the (A. 2810) 126 
 
 Penal code, amending as to Sunday labor (A. 2101) 154 
 
 Plumbers, to secure the registration of (A. 1929) 170 
 
 Poughkeepsie, to amend the charter of (S. 1298) 175 
 
 Poughkeepsie, to amend the charter of (S. 671) 174 
 
 Public health, relating to the, amending chap. 85 of the General laws 
 
 (S.349) 159 
 
 Public lands, amending chapter ir of the General laws (A. 17S2) . . . 154 
 
 Railroads, to regulate hours of labor on service and elevated (S. 183). 159 
 
 Rome, to provide for a canal bridge at (S. 1406) 161 
 
 Rural cemeteries, amending an incorporation for (A. 2567) 156 
 
 Ruso, James M. claim of (A. 1977) 154 
 
 School law, to amend as to apportionment and examination (A. 695).. 152 
 
 School law, to amend as to moneys and examination of teachers (A. 695) 152 
 
 Side path commissioners in Niagara county to provide for (A. 2485). . 163 
 
 Silversmith's Company claim against the State of New York (S. 1141). 160 
 
3IO 
 
 INDEX 
 
 PAGE 
 
 Sing Sing, for an armory at (A. 2614) 156 
 
 Soldiers and sailors home, for exemption of the (A. 2743) 157 
 
 State arms and flag, to define the (A. 1090) 152 ' 
 
 Stock corporation law, to amend the (A. 2737) 157 
 
 Stock corporation laws, to amend the (S. 552) 160 
 
 Stonecutters, liens, to provide for (A. 1726) 153 
 
 Subdivided lands, relating to (A . 1777) I53 
 
 Supply bill items in the (A. 2800) 123 
 
 Supreme Court justice's of Appellate division, to reimburse (S. 1174). 161 
 
 Syracuse, to amend the charter of (S. 1084) 174 
 
 Syracuse, to amend the charter of (A. 517) 162 
 
 Syracuse, to amend the charter of (A. 2444) 171 
 
 Troj', amending act creating a park commission in (S. 892) 174 
 
 Troy to amend the charter of (A. 905) 168 
 
 Troy, relating to the street improvements in (S. 1399) 164 
 
 Village law, to amend as to street assessments (A. 1693) 153 
 
 Villages, relating to electric lights in (A. 1694).' 153 
 
 Water rates in villages, authorizing establishment of (S. 1159) .... 160 
 
 Whitehall, for an armory at (A. 580) 66 
 
 Wills and charitable bequests, relating to (A. 2264) 154 
 
 COMMUTATIONS 
 
 Alexander, John V 295 
 
 Arnold, J. Hiram 28: 
 
 Atkinson, John 276 
 
 Bains, Howard L 297 
 
 Beahan, Patrick 275 
 
 Benton, John 276 
 
 Bigot, Amedee 299 
 
 Blohm, Walter H 297 
 
 Brady, George 279 
 
 Brady, James 277 
 
 Bunyan, John 289 
 
 Bunnash. Louis 278 
 
 Clapper, Frank 296 
 
 Clark, Frank W 299 
 
 Collins, Joseph 283 
 
 Colossi, Nicholas 292 
 
 Cram, George W 273 
 
 De Muzio, Simone 284 
 
 Engels, Jacob 271 
 
 Erdtman, Max 300 
 
 Fischel, Morris 278 
 
 Fitzgerald, Charles 285 
 
 Gaynor, Edward F 289 
 
INDEX 3 I I 
 
 PAGE 
 
 Glielini, Antonio 287 
 
 Hedger, Frank 285 
 
 Hopkins, Charles 285 
 
 Kerrigan, Thomas 29b 
 
 Keyser, Silas 290 
 
 Lawrence, Charles H 298 
 
 Lyon, Edgar M 291 
 
 Mahoney, Daniel L ,. 302 
 
 Marsae, John E 281 
 
 Mayette, Joseph 2S9 
 
 Metzal, Rudolph 284 
 
 Newton, George H 292 
 
 Nisbett, George M 301 
 
 Oke, Thomas 282 
 
 Patterson, George R. , 291 
 
 Raffeity, Patrick 271 
 
 Rice, William .' 2S3 
 
 Schader, Emil 393 
 
 Scovill, William 294 
 
 Spiegel, Morris 293 
 
 Standish, James H 294 
 
 Wagner, John 288 
 
 Walker, Frank ' 272 
 
 Wallace, Frank L 280 
 
 Walsh, William J 301 
 
 Warren, James '. 277 
 
 Weber, John M 282 
 
 Weissenberg, John 288 
 
 White, Isaac 274 
 
 Wilson, Charles F 286 
 
 PARDONS. 
 
 Anson, William 267 
 
 Bouchette, Pasquale 265 
 
 Brown, Thomas 255 
 
 Cooley, Elizabeth 268 
 
 Cusson, Damase 262 
 
 Dailey, Dennis 256 
 
 Demarest, Frank 257 
 
 Deramer, Peter 266 
 
 Druse, Mary 259 
 
 GIblin, Charles 257 
 
 Gilmore, John J 269 
 
 Griest, Harry M 263 
 
 Harmon, Frank 255 
 
312 
 
 INDEX 
 
 PAGE 
 
 Helmer, George 260 
 
 Henry, John 258 
 
 Horaburg, Nettie 262 
 
 Horton, Arthur 257 
 
 Kane, Thomas 263 
 
 Lawrence, George 264 
 
 Little, Joseph 263 
 
 Martin, Boyce 261 
 
 O'Connell, Timothy 261 
 
 O'Hearn, Mary 268 
 
 Olders, Charles 266 
 
 O'Mara, John 265 
 
 Osgood, Harry B 263 
 
 Sarvis, Elmer 262 
 
 Shannon, Patrick 258 
 
 Smith, George 269 
 
 Smith, James J 264 
 
 Thomas, Charles 267 
 
 Waterhouse, Edward 256 
 
 Weiss, Nicholas 256 
 
 West, Henry O 257 
 
 RESPITES. 
 
 Buchanan, Robert W 303 
 
 Shea, Bartholomew 303